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| To amend sections 9.03, 9.314, 101.34, 101.35, | 1 |
| 101.72, 102.02, 103.0511, 105.41, 107.21, 107.40, | 2 |
| 109.57, 109.572, 109.73, 109.731, 109.742, | 3 |
| 109.744, 109.751, 109.761, 109.77, 109.802, | 4 |
| 109.803, 111.15, 117.13, 117.20, 118.05, 119.03, | 5 |
| 120.03, 120.04, 120.08, 120.52, 120.53, 121.04, | 6 |
| 121.07, 121.37, 121.39, 121.40, 121.401, | 7 |
| 121.402, 122.05, 122.051, 122.075, 122.08, | 8 |
| 122.081, 122.151, 122.17, 122.171, 122.40, | 9 |
| 122.603, 122.71, 122.751, 122.76, 122.89, | 10 |
| 122.94, 123.01, 124.03, 124.04, 124.07, 124.11, | 11 |
| 124.134, 124.14, 124.15, 124.152, 124.18, | 12 |
| 124.181, 124.183, 124.23, 124.27, 124.321, | 13 |
| 124.324, 124.325, 124.34, 124.381, 124.382, | 14 |
| 124.385, 124.386, 124.392, 124.81, 125.18, | 15 |
| 125.831, 126.05, 126.35, 127.16, 131.33, 133.06, | 16 |
| 133.20, 135.03, 135.06, 135.08, 135.32, 141.04, | 17 |
| 145.012, 145.298, 148.02, 148.04, 149.43, 149.45, | 18 |
| 150.01, 150.02, 150.03, 150.04, 150.07, 152.09, | 19 |
| 152.10, 152.12, 152.15, 152.33, 156.01, 156.02, | 20 |
| 156.03, 156.04, 166.07, 169.08, 173.08, 173.35, | 21 |
| 173.392, 173.40, 173.401, 173.42, 173.43, 173.50, | 22 |
| 173.99, 174.02, 174.03, 174.06, 175.01, 175.04, | 23 |
| 176.05, 303.213, 307.12, 307.626, 307.629, | 24 |
| 307.79, 311.17, 311.42, 319.28, 319.301, | 25 |
| 319.302, 319.54, 321.24, 321.261, 323.156, 329.03, | 26 |
| 329.042, 329.06, 340.033, 504.21, 718.04, | 27 |
| 721.15, 901.20, 901.32, 903.082, 903.11, 903.25, | 28 |
| 905.32, 905.33, 905.331, 905.36, 905.50, 905.51, | 29 |
| 905.52, 905.56, 907.13, 907.14, 907.30, 907.31, | 30 |
| 915.24, 921.02, 921.06, 921.09, 921.11, 921.13, | 31 |
| 921.16, 921.22, 921.27, 921.29, 923.44, 923.46, | 32 |
| 927.51, 927.52, 927.53, 927.56, 927.69, 927.70, | 33 |
| 927.701, 927.71, 955.201, 1322.03, 1322.031, | 34 |
| 1322.04, 1322.041, 1332.24, 1332.25, 1333.11, | 35 |
| 1501.01, 1501.05, 1501.07, 1501.30, 1502.12, | 36 |
| 1506.01, 1507.01, 1511.01, 1511.02, 1511.021, | 37 |
| 1511.022, 1511.03, 1511.04, 1511.05, 1511.06, | 38 |
| 1511.07, 1511.071, 1511.08, 1514.08, 1514.13, | 39 |
| 1515.08, 1515.14, 1515.183, 1519.03, 1520.02, | 40 |
| 1520.03, 1521.03, 1521.031, 1521.04, 1521.05, | 41 |
| 1521.06, 1521.061, 1521.062, 1521.063, 1521.064, | 42 |
| 1521.07, 1521.10, 1521.11, 1521.12, 1521.13, | 43 |
| 1521.14, 1521.15, 1521.16, 1521.18, 1521.19, | 44 |
| 1523.01, 1523.02, 1523.03, 1523.04, 1523.05, | 45 |
| 1523.06, 1523.07, 1523.08, 1523.09, 1523.10, | 46 |
| 1523.11, 1523.12, 1523.13, 1523.14, 1523.15, | 47 |
| 1523.16, 1523.17, 1523.18, 1523.19, 1523.20, | 48 |
| 1531.01, 1533.10, 1533.11, 1533.12, 1541.03, | 49 |
| 1548.10, 1707.17, 1710.02, 1721.211, 1739.05, | 50 |
| 1751.03, 1751.04, 1751.05, 1751.19, 1751.32, | 51 |
| 1751.321, 1751.34, 1751.35, 1751.36, 1751.45, | 52 |
| 1751.46, 1751.48, 1751.831, 1751.84, 1751.85, | 53 |
| 1753.09, 1901.26, 1901.31, 1907.24, 2303.201, | 54 |
| 2317.422, 2323.44, 2501.03, 2503.17, 2505.09, | 55 |
| 2505.12, 2743.51, 2903.214, 2903.33, 2907.27, | 56 |
| 2911.21, 2913.46, 2921.13, 2921.51, 2923.125, | 57 |
| 2923.1213, 2937.22, 2949.091, 2949.111, 2949.17, | 58 |
| 2981.13, 3105.87, 3119.01, 3119.94, 3121.03, | 59 |
| 3121.035, 3121.037, 3121.0311, 3121.19, | 60 |
| 3121.20, 3121.898, 3123.952, 3125.25, 3301.07, | 61 |
| 3301.075, 3301.0714, 3301.0715, 3301.12, | 62 |
| 3301.16, 3301.42, 3301.56, 3302.021, 3302.03, | 63 |
| 3304.231, 3310.03, 3313.46, 3313.53, 3313.536, | 64 |
| 3313.60, 3313.603, 3313.64, 3313.642, 3313.6410, | 65 |
| 3313.65, 3313.843, 3314.012, 3314.02, 3314.03, | 66 |
| 3314.08, 3314.19, 3314.26, 3314.35, 3315.37, | 67 |
| 3317.01, 3317.013, 3317.02, 3317.021, 3317.022, | 68 |
| 3317.03, 3317.063, 3317.08, 3318.37, 3318.44, | 69 |
| 3319.073, 3319.08, 3319.088, 3319.11, 3319.16, | 70 |
| 3319.161, 3319.22, 3319.233, 3319.234, 3319.235, | 71 |
| 3319.24, 3319.25, 3319.26, 3319.28, 3319.291, | 72 |
| 3319.303, 3319.36, 3319.391, 3319.51, 3319.56, | 73 |
| 3319.60, 3319.61, 3319.63, 3321.07, 3323.05, | 74 |
| 3326.11, 3326.36, 3327.10, 3333.04, 3333.122, | 75 |
| 3333.16, 3333.28, 3333.35, 3333.38, 3333.42, | 76 |
| 3333.61, 3333.62, 3333.66, 3343.04, 3345.011, | 77 |
| 3345.12, 3345.32, 3345.61, 3345.62, 3345.63, | 78 |
| 3345.64, 3345.65, 3345.66, 3365.04, 3365.041, | 79 |
| 3365.07, 3365.08, 3365.09, 3365.10, 3375.481, | 80 |
| 3501.17, 3503.15, 3503.18, 3503.21, 3701.021, | 81 |
| 3701.045, 3701.07, 3701.242, 3701.247, 3701.344, | 82 |
| 3701.78, 3701.83, 3702.30, 3702.51, 3702.52, | 83 |
| 3702.524, 3702.525, 3702.53, 3702.532, 3702.54, | 84 |
| 3702.544, 3702.55, 3702.57, 3702.59, 3702.60, | 85 |
| 3702.61, 3702.87, 3702.89, 3702.90, 3702.91, | 86 |
| 3702.92, 3702.93, 3702.94, 3704.14, 3704.144, | 87 |
| 3705.03, 3706.25, 3707.26, 3712.03, 3714.01, | 88 |
| 3714.02, 3714.07, 3714.073, 3714.081, 3714.083, | 89 |
| 3715.87, 3715.871, 3715.873, 3717.01, 3717.02, | 90 |
| 3717.03, 3717.04, 3717.041, 3717.05, 3717.06, | 91 |
| 3717.07, 3717.071, 3717.08, 3717.11, 3717.111, | 92 |
| 3717.22, 3717.221, 3717.23, 3717.25, 3717.27, | 93 |
| 3717.28, 3717.29, 3717.30, 3717.31, 3717.32, | 94 |
| 3717.33, 3717.48, 3718.03, 3721.01, 3721.02, | 95 |
| 3721.50, 3721.51, 3721.53, 3721.55, 3721.56, | 96 |
| 3722.01, 3722.011, 3722.02, 3722.021, 3722.04, | 97 |
| 3722.05, 3722.06, 3722.08, 3722.09, 3722.10, | 98 |
| 3722.13, 3722.14, 3722.15, 3722.16, 3722.17, | 99 |
| 3722.18, 3722.99, 3727.02, 3733.02, 3734.05, | 100 |
| 3734.28, 3734.281, 3734.57, 3734.573, 3734.82, | 101 |
| 3734.901, 3734.9010, 3737.71, 3745.11, 3745.31, | 102 |
| 3767.41, 3770.05, 3773.35, 3773.36, 3773.43, | 103 |
| 3773.45, 3773.53, 3781.01, 3781.10, 3781.11, | 104 |
| 3781.12, 3781.19, 3793.02, 3793.04, 3901.38, | 105 |
| 3901.381, 3901.383, 3901.3812, 3901.3814, | 106 |
| 3923.021, 3923.11, 3923.66, 3923.67, 3923.68, | 107 |
| 3923.75, 3923.76, 3923.77, 3924.06, 3929.43, | 108 |
| 3937.41, 4104.07, 4104.101, 4104.18, 4105.17, | 109 |
| 4115.04, 4117.01, 4117.02, 4117.07, 4117.12, | 110 |
| 4117.24, 4141.08, 4141.162, 4301.43, 4303.181, | 111 |
| 4303.182, 4303.331, 4501.06, 4501.271, | 112 |
| 4503.068, 4503.10, 4503.103, 4503.182, 4503.19, | 113 |
| 4503.235, 4503.40, 4503.42, 4503.44, 4505.01, | 114 |
| 4505.06, 4505.062, 4505.09, 4505.111, 4505.181, | 115 |
| 4505.20, 4507.02, 4507.23, 4507.24, 4507.45, | 116 |
| 4509.101, 4510.11, 4510.12, 4510.16, 4510.22, | 117 |
| 4511.191, 4513.021, 4513.03, 4513.04, 4513.05, | 118 |
| 4513.06, 4513.07, 4513.071, 4513.09, 4513.11, | 119 |
| 4513.111, 4513.12, 4513.13, 4513.14, 4513.15, | 120 |
| 4513.16, 4513.17, 4513.171, 4513.18, 4513.19, | 121 |
| 4513.21, 4513.22, 4513.23, 4513.24, 4513.242, | 122 |
| 4513.28, 4513.60, 4513.65, 4513.99, 4517.01, | 123 |
| 4517.02, 4517.03, 4517.30, 4517.33, 4517.43, | 124 |
| 4519.02, 4519.04, 4519.59, 4549.10, 4549.12, | 125 |
| 4713.63, 4713.64, 4717.31, 4729.99, 4731.10, | 126 |
| 4731.26, 4731.38, 4733.10, 4734.25, 4735.06, | 127 |
| 4735.09, 4735.12, 4735.13, 4735.15, 4736.01, | 128 |
| 4740.14, 4741.41, 4741.44, 4741.45, 4741.46, | 129 |
| 4753.02, 4753.05, 4753.073, 4753.11, 4755.06, | 130 |
| 4755.12, 4757.10, 4757.31, 4757.36, 4763.01, | 131 |
| 4763.03, 4763.04, 4763.05, 4763.06, 4763.07, | 132 |
| 4763.09, 4763.11, 4763.13, 4763.14, 4763.17, | 133 |
| 4766.09, 4767.05, 4767.07, 4767.08, 4776.01, | 134 |
| 4776.02, 4781.01, 4781.02, 4781.04, 4781.05, | 135 |
| 4781.06, 4781.07, 4928.01, 5101.11, 5101.16, | 136 |
| 5101.162, 5101.26, 5101.33, 5101.34, 5101.47, | 137 |
| 5101.50, 5101.5212, 5101.5213, 5101.54, | 138 |
| 5101.541, 5101.544, 5101.571, 5101.573, 5101.60, | 139 |
| 5101.61, 5101.84, 5104.041, 5107.05, 5107.16, | 140 |
| 5107.17, 5111.01, 5111.028, 5111.032, 5111.033, | 141 |
| 5111.034, 5111.06, 5111.081, 5111.083, 5111.084, | 142 |
| 5111.16, 5111.176, 5111.21, 5111.211, 5111.222, | 143 |
| 5111.231, 5111.232, 5111.24, 5111.25, 5111.261, | 144 |
| 5111.65, 5111.651, 5111.688, 5111.705, 5111.85, | 145 |
| 5111.851, 5111.874, 5111.875, 5111.89, 5111.891, | 146 |
| 5111.894, 5111.971, 5112.30, 5112.31, 5112.37, | 147 |
| 5112.371, 5119.16, 5119.61, 5120.09, 5122.31, | 148 |
| 5123.049, 5123.0412, 5123.0413, 5123.19, | 149 |
| 5126.044, 5126.054, 5126.055, 5126.0512, | 150 |
| 5126.19, 5139.43, 5502.01, 5502.12, 5502.14, | 151 |
| 5502.15, 5701.11, 5703.21, 5703.37, 5703.80, | 152 |
| 5705.214, 5705.29, 5705.341, 5705.37, 5709.62, | 153 |
| 5709.63, 5709.632, 5711.33, 5715.02, 5715.251, | 154 |
| 5717.03, 5717.04, 5721.03, 5725.151, 5725.18, | 155 |
| 5725.98, 5727.811, 5727.84, 5728.12, 5729.03, | 156 |
| 5729.98, 5733.01, 5733.04, 5733.98, 5735.142, | 157 |
| 5739.01, 5739.011, 5739.02, 5739.03, 5739.033, | 158 |
| 5739.131, 5743.15, 5743.61, 5747.113, 5747.13, | 159 |
| 5747.16, 5747.18, 5747.76, 5747.98, 5748.02, | 160 |
| 5748.03, 5749.12, 5751.01, 5751.011, 5751.012, | 161 |
| 5751.013, 5751.03, 5751.04, 5751.05, 5751.051, | 162 |
| 5751.06, 5751.08, 5751.09, 5751.20, 5751.21, | 163 |
| 5751.22, 5751.23, 5911.10, 5913.051, 5913.09, | 164 |
| 6103.01, 6103.02, 6109.21, 6111.044, 6117.01, | 165 |
| 6117.02, and 6119.011; to amend, for the purpose | 166 |
| of adopting new section numbers as indicated in | 167 |
| parentheses, sections 173.43 (173.422), | 168 |
| 3319.233 (3333.049), 4753.073 (3319.227), | 169 |
| 5101.5110 (5101.5111), 5111.019 (5111.0120), and | 170 |
| 5111.688 (5111.689); to enact new sections | 171 |
| 173.43, 3319.222, 5101.5110, and 5111.688 and | 172 |
| sections 5.2265, 9.317, 103.24, 107.19, 111.26, | 173 |
| 111.27, 121.021, 121.25, 121.251, 121.252, | 174 |
| 121.253, 121.254, 121.255, 121.256, 121.257, | 175 |
| 121.375, 121.376, 122.85, 124.393, 124.821, | 176 |
| 124.822, 124.86, 124.95, 125.181, 125.20, | 177 |
| 126.10, 126.50, 126.501, 126.502, 126.503, | 178 |
| 126.504, 126.505, 126.506, 126.507, 131.38, | 179 |
| 148.05, 149.308, 167.081, 173.28, 173.402, | 180 |
| 173.403, 173.404, 173.421, 173.423, 173.424, | 181 |
| 173.425, 173.431, 173.432, 173.433, 173.434, | 182 |
| 173.501, 175.30, 175.31, 175.32, 175.33, 175.34, | 183 |
| 175.35, 305.20, 307.121, 319.24, 717.25, 901.041, | 184 |
| 927.54, 1545.073, 2315.50, 2505.122, 3119.371, | 185 |
| 3301.041, 3301.076, 3301.0719, 3301.122, | 186 |
| 3301.163, 3301.164, 3301.60, 3301.61, 3301.62, | 187 |
| 3301.63, 3301.64, 3301.90, 3301.95, 3310.51, | 188 |
| 3310.52, 3310.521, 3310.53 to 3310.64, 3311.0510, | 189 |
| 3313.461, 3313.719, 3313.86, 3314.028, 3314.44, | 190 |
| 3319.223, 3319.611, 3319.612, 3323.052, 3333.048, | 191 |
| 3333.39, 3333.90, 3333.91, 3365.12, 3375.79, | 192 |
| 3701.0212, 3701.611, 3702.592, 3702.593, | 193 |
| 3705.031, 3714.011, 3714.074, 3721.511, 3721.512, | 194 |
| 3721.513, 3722.022, 3734.282, 3903.77, 3923.90, | 195 |
| 3923.91, 4501.243, 4501.29, 4503.548, 4503.563, | 196 |
| 4582.71, 4755.061, 4781.16, 4781.17, 4781.18, | 197 |
| 4781.19, 4781.20, 4781.21, 4781.22, 4781.23, | 198 |
| 4781.24, 4781.25, 4781.99, 4928.201, 4929.261, | 199 |
| 5101.073, 5101.504, 5101.5210, 5101.542, | 200 |
| 5111.0121, 5111.0210, 5111.0211, 5111.035, | 201 |
| 5111.092, 5111.093, 5111.141, 5111.142, 5111.165, | 202 |
| 5111.236, 5111.861, 5111.88, 5111.881, 5111.882, | 203 |
| 5111.883, 5111.884, 5111.885, 5111.886, | 204 |
| 5111.887, 5111.888, 5111.889, 5111.8810, | 205 |
| 5111.8811, 5112.372, 5112.40, 5112.41, 5112.42, | 206 |
| 5112.43, 5112.44, 5112.45, 5112.451, 5112.46, | 207 |
| 5112.47, 5112.48, 5119.613, 5123.193, 5155.38, | 208 |
| 5537.051, 5705.219, 5705.2110, 5725.33, 5729.16, | 209 |
| 5733.58, 5739.051, 5747.66, 5751.014, 5709.111, | 210 |
| 5911.11, 5919.20, 5919.36, and 6119.091; to | 211 |
| repeal sections 105.91, 105.911, 105.92, 105.93, | 212 |
| 105.94, 105.95, 105.96, 105.97, 117.102, 119.031, | 213 |
| 121.24, 173.71, 173.72, 173.721, 173.722, | 214 |
| 173.723, 173.724, 173.73, 173.731, 173.732, | 215 |
| 173.74, 173.741, 173.742, 173.75, 173.751, | 216 |
| 173.752, 173.753, 173.76, 173.77, 173.771, | 217 |
| 173.772, 173.773, 173.78, 173.79, 173.791, | 218 |
| 173.80, 173.801, 173.802, 173.803, 173.81, | 219 |
| 173.811, 173.812, 173.813, 173.814, 173.815, | 220 |
| 173.82, 173.83, 173.831, 173.832, 173.833, | 221 |
| 173.84, 173.85, 173.86, 173.861, 173.87, | 222 |
| 173.871, 173.872, 173.873, 173.874, 173.875, | 223 |
| 173.876, 173.88, 173.89, 173.891, 173.892, | 224 |
| 173.90, 173.91, 905.38, 905.381, 905.66, 907.16, | 225 |
| 927.74, 1504.01, 1504.02, 1504.03, 1504.04, | 226 |
| 1521.02, 1711.58, 3301.43, 3313.473, 3314.15, | 227 |
| 3319.222, 3319.23, 3319.261, 3319.302, 3319.304, | 228 |
| 3333.27, 3701.77, 3701.771, 3701.772, 3701.93, | 229 |
| 3701.931, 3701.932, 3701.933, 3701.934, 3701.935, | 230 |
| 3701.936, 3702.511, 3702.523, 3702.527, | 231 |
| 3702.528, 3702.529, 3702.542, 3704.143, 3724.01, | 232 |
| 3724.02, 3724.021, 3724.03, 3724.04, 3724.05, | 233 |
| 3724.06, 3724.07, 3724.08, 3724.09, 3724.10, | 234 |
| 3724.11, 3724.12, 3724.13, 3724.99, 4517.052, | 235 |
| 4517.27, 4735.22, 4735.23, 4753.101, 5101.072, and | 236 |
| 5111.178 of the Revised Code; to amend Sections | 237 |
| 205.10, 321.10, 325.20, and 327.10 of Am. Sub. | 238 |
| H.B. 2 of the 128th General Assembly; to amend | 239 |
| Section 309.10 of Am. Sub. H.B. 2 of the 128th | 240 |
| General Assembly; to amend Section 317.10 of | 241 |
| Am. Sub. H.B. 2 of the 128th General Assembly; | 242 |
| to amend Sections 103.80.80, 103.80.90, | 243 |
| 301.20.50, and 301.30.30 of H.B. 496 of the 127th | 244 |
| General Assembly; to amend Sections 201.30, | 245 |
| 301.20.80, and 301.60.50 of H.B. 496 of the 127th | 246 |
| General Assembly, as subsequently amended; to | 247 |
| amend Section 11 of Am. Sub. H.B. 554 of the | 248 |
| 127th General Assembly; to amend Sections | 249 |
| 233.30.50, 233.33.30, 233.40.30, and 235.10 of | 250 |
| H.B. 562 of the 127th General Assembly; to | 251 |
| amend Sections 227.10 and 233.50.80 of H.B. 562 of | 252 |
| the 127th General Assembly, as subsequently | 253 |
| amended; to amend Section 231.20.30 of Am. Sub. | 254 |
| H.B. 562 of the 127th General Assembly, as | 255 |
| subsequently amended; to amend Section 831.06 of | 256 |
| H.B. 530 of the 126th General Assembly; to amend | 257 |
| Section 4 of H.B. 516 of the 125th General | 258 |
| Assembly, as subsequently amended; to amend | 259 |
| Section 153 of Am. Sub. H.B. 117 of the 121st | 260 |
| General Assembly, as subsequently amended; to | 261 |
| repeal Section 3 of Am. Sub. H.B. 203 of the 126th | 262 |
| General Assembly; to repeal Section 325.05 of Am. | 263 |
| Sub. H.B. 2 of the 128th General Assembly; to | 264 |
| amend the version of section 2949.111 of the | 265 |
| Revised Code that is scheduled to take effect | 266 |
| January 1, 2010, to continue the provisions of | 267 |
| this act on and after that effective date; to | 268 |
| amend the version of section 5739.033 of the | 269 |
| Revised Code that is scheduled to take effect | 270 |
| January 1, 2010, to continue the provisions of | 271 |
| this act on and after that effective date; to | 272 |
| repeal sections 5112.40, 5112.41, 5112.42, | 273 |
| 5112.43, 5112.44, 5112.45, 5112.451, 5112.46, | 274 |
| 5112.47, and 5112.48 of the Revised Code, | 275 |
| effective October 1, 2011; to make operating | 276 |
| appropriations for the biennium beginning July 1, | 277 |
| 2009, and ending June 30, 2011, and to provide | 278 |
| authorization and conditions for the operation of | 279 |
| state programs. | 280 |
| Section 101.01. That sections 9.03, 9.314, 101.34, 101.35, | 281 |
| 101.72, 102.02, 103.0511, 105.41, 107.21, 107.40, 109.57, 109.572, | 282 |
| 109.73, 109.731, 109.742, 109.744, 109.751, 109.761, 109.77, | 283 |
| 109.802, 109.803, 111.15, 117.13, 117.20, 118.05, 119.03, 120.03, | 284 |
| 120.04, 120.08, 120.52, 120.53, 121.04, 121.07, 121.37, 121.39, | 285 |
| 121.40, 121.401, 121.402, 122.05, 122.051, 122.075, 122.08, | 286 |
| 122.081, 122.151, 122.17, 122.171, 122.40, 122.603, 122.71, | 287 |
| 122.751, 122.76, 122.89, 122.94, 123.01, 124.03, 124.04, 124.07, | 288 |
| 124.11, 124.134, 124.14, 124.15, 124.152, 124.18, 124.181, | 289 |
| 124.183, 124.23, 124.27, 124.321, 124.324, 124.325, 124.34, | 290 |
| 124.381, 124.382, 124.385, 124.386, 124.392, 124.81, 125.18, | 291 |
| 125.831, 126.05, 126.35, 127.16, 131.33, 133.06, 133.20, 135.03, | 292 |
| 135.06, 135.08, 135.32, 141.04, 145.012, 145.298, 148.02, | 293 |
| 148.04, 149.43, 149.45, 150.01, 150.02, 150.03, 150.04, 150.07, | 294 |
| 152.09, 152.10, 152.12, 152.15, 152.33, 156.01, 156.02, 156.03, | 295 |
| 156.04, 166.07, 169.08, 173.08, 173.35, 173.392, 173.40, | 296 |
| 173.401, 173.42, 173.43, 173.50, 173.99, 174.02, 174.03, | 297 |
| 174.06, 175.01, 175.04, 176.05, 303.213, 307.12, 307.626, | 298 |
| 307.629, 307.79, 311.17, 311.42, 319.28, 319.301, 319.302, | 299 |
| 319.54, 321.24, 321.261, 323.156, 329.03, 329.042, 329.06, | 300 |
| 340.033, 504.21, 718.04, 721.15, 901.20, 901.32, 903.082, 903.11, | 301 |
| 903.25, 905.32, 905.33, 905.331, 905.36, 905.50, 905.51, | 302 |
| 905.52, 905.56, 907.13, 907.14, 907.30, 907.31, 915.24, 921.02, | 303 |
| 921.06, 921.09, 921.11, 921.13, 921.16, 921.22, 921.27, | 304 |
| 921.29, 923.44, 923.46, 927.51, 927.52, 927.53, 927.56, 927.69, | 305 |
| 927.70, 927.701, 927.71, 955.201, 1322.03, 1322.031, 1322.04, | 306 |
| 1322.041, 1332.24, 1332.25, 1333.11, 1501.01, 1501.05, 1501.07, | 307 |
| 1501.30, 1502.12, 1506.01, 1507.01, 1511.01, 1511.02, 1511.021, | 308 |
| 1511.022, 1511.03, 1511.04, 1511.05, 1511.06, 1511.07, | 309 |
| 1511.071, 1511.08, 1514.08, 1514.13, 1515.08, 1515.14, | 310 |
| 1515.183, 1519.03, 1520.02, 1520.03, 1521.03, 1521.031, | 311 |
| 1521.04, 1521.05, 1521.06, 1521.061, 1521.062, 1521.063, | 312 |
| 1521.064, 1521.07, 1521.10, 1521.11, 1521.12, 1521.13, | 313 |
| 1521.14, 1521.15, 1521.16, 1521.18, 1521.19, 1523.01, 1523.02, | 314 |
| 1523.03, 1523.04, 1523.05, 1523.06, 1523.07, 1523.08, 1523.09, | 315 |
| 1523.10, 1523.11, 1523.12, 1523.13, 1523.14, 1523.15, 1523.16, | 316 |
| 1523.17, 1523.18, 1523.19, 1523.20, 1531.01, 1533.10, 1533.11, | 317 |
| 1533.12, 1541.03, 1548.10, 1707.17, 1710.02, 1721.211, 1739.05, | 318 |
| 1751.03, 1751.04, 1751.05, 1751.19, 1751.32, 1751.321, | 319 |
| 1751.34, 1751.35, 1751.36, 1751.45, 1751.46, 1751.48, 1751.831, | 320 |
| 1751.84, 1751.85, 1753.09, 1901.26, 1901.31, 1907.24, | 321 |
| 2303.201, 2317.422, 2323.44, 2501.03, 2503.17, 2505.09, 2505.12, | 322 |
| 2743.51, 2903.214, 2903.33, 2907.27, 2911.21, 2913.46, 2921.13, | 323 |
| 2921.51, 2923.125, 2923.1213, 2937.22, 2949.091, 2949.111, | 324 |
| 2949.17, 2981.13, 3105.87, 3119.01, 3119.94, 3121.03, 3121.035, | 325 |
| 3121.037, 3121.0311, 3121.19, 3121.20, 3121.898, 3123.952, | 326 |
| 3125.25, 3301.07, 3301.075, 3301.0714, 3301.0715, 3301.12, | 327 |
| 3301.16, 3301.42, 3301.56, 3302.021, 3302.03, 3304.231, 3310.03, | 328 |
| 3313.46, 3313.53, 3313.536, 3313.60, 3313.603, 3313.64, | 329 |
| 3313.642, 3313.6410, 3313.65, 3313.843, 3314.012, 3314.02, | 330 |
| 3314.03, 3314.08, 3314.19, 3314.26, 3314.35, 3315.37, 3317.01, | 331 |
| 3317.013, 3317.02, 3317.021, 3317.022, 3317.03, 3317.063, | 332 |
| 3317.08, 3318.37, 3318.44, 3319.073, 3319.08, 3319.088, 3319.11, | 333 |
| 3319.16, 3319.161, 3319.22, 3319.233, 3319.234, 3319.235, | 334 |
| 3319.24, 3319.25, 3319.26, 3319.28, 3319.291, 3319.303, | 335 |
| 3319.36, 3319.391, 3319.51, 3319.56, 3319.60, 3319.61, 3319.63, | 336 |
| 3321.07, 3323.05, 3326.11, 3326.36, 3327.10, 3333.04, 3333.122, | 337 |
| 3333.16, 3333.28, 3333.35, 3333.38, 3333.42, 3333.61, 3333.62, | 338 |
| 3333.66, 3343.04, 3345.011, 3345.12, 3345.32, 3345.61, 3345.62, | 339 |
| 3345.63, 3345.64, 3345.65, 3345.66, 3365.04, 3365.041, 3365.07, | 340 |
| 3365.08, 3365.09, 3365.10, 3375.481, 3501.17, 3503.15, 3503.18, | 341 |
| 3503.21, 3701.021, 3701.045, 3701.07, 3701.242, 3701.247, | 342 |
| 3701.344, 3701.78, 3701.83, 3702.30, 3702.51, 3702.52, 3702.524, | 343 |
| 3702.525, 3702.53, 3702.532, 3702.54, 3702.544, 3702.55, | 344 |
| 3702.57, 3702.59, 3702.60, 3702.61, 3702.87, 3702.89, | 345 |
| 3702.90, 3702.91, 3702.92, 3702.93, 3702.94, 3704.14, | 346 |
| 3704.144, 3705.03, 3706.25, 3707.26, 3712.03, 3714.01, 3714.02, | 347 |
| 3714.07, 3714.073, 3714.081, 3714.083, 3715.87, 3715.871, | 348 |
| 3715.873, 3717.01, 3717.02, 3717.03, 3717.04, 3717.041, 3717.05, | 349 |
| 3717.06, 3717.07, 3717.071, 3717.08, 3717.11, 3717.111, 3717.22, | 350 |
| 3717.221, 3717.23, 3717.25, 3717.27, 3717.28, 3717.29, 3717.30, | 351 |
| 3717.31, 3717.32, 3717.33, 3717.48, 3718.03, 3721.01, 3721.02, | 352 |
| 3721.50, 3721.51, 3721.53, 3721.55, 3721.56, 3722.01, 3722.011, | 353 |
| 3722.02, 3722.021, 3722.04, 3722.05, 3722.06, 3722.08, | 354 |
| 3722.09, 3722.10, 3722.13, 3722.14, 3722.15, 3722.16, 3722.17, | 355 |
| 3722.18, 3722.99, 3727.02, 3733.02, 3734.05, 3734.28, 3734.281, | 356 |
| 3734.57, 3734.573, 3734.82, 3734.901, 3734.9010, 3737.71, | 357 |
| 3745.11, 3745.31, 3767.41, 3770.05, 3773.35, 3773.36, 3773.43, | 358 |
| 3773.45, 3773.53, 3781.01, 3781.10, 3781.11, 3781.12, 3781.19, | 359 |
| 3793.02, 3793.04, 3901.38, 3901.381, 3901.383, 3901.3812, | 360 |
| 3901.3814, 3923.021, 3923.11, 3923.66, 3923.67, 3923.68, | 361 |
| 3923.75, 3923.76, 3923.77, 3924.06, 3929.43, 3937.41, 4104.07, | 362 |
| 4104.101, 4104.18, 4105.17, 4115.04, 4117.01, 4117.02, 4117.07, | 363 |
| 4117.12, 4117.24, 4141.08, 4141.162, 4301.43, 4303.181, 4303.182, | 364 |
| 4303.331, 4501.06, 4501.271, 4503.068, 4503.10, 4503.103, | 365 |
| 4503.182, 4503.19, 4503.235, 4503.40, 4503.42, 4503.44, 4505.01, | 366 |
| 4505.06, 4505.062, 4505.09, 4505.111, 4505.181, 4505.20, | 367 |
| 4507.02, 4507.23, 4507.24, 4507.45, 4509.101, 4510.11, 4510.12, | 368 |
| 4510.16, 4510.22, 4511.191, 4513.021, 4513.03, 4513.04, | 369 |
| 4513.05, 4513.06, 4513.07, 4513.071, 4513.09, 4513.11, | 370 |
| 4513.111, 4513.12, 4513.13, 4513.14, 4513.15, 4513.16, 4513.17, | 371 |
| 4513.171, 4513.18, 4513.19, 4513.21, 4513.22, 4513.23, 4513.24, | 372 |
| 4513.242, 4513.28, 4513.60, 4513.65, 4513.99, 4517.01, 4517.02, | 373 |
| 4517.03, 4517.30, 4517.33, 4517.43, 4519.02, 4519.04, 4519.59, | 374 |
| 4549.10, 4549.12, 4713.63, 4713.64, 4717.31, 4729.99, 4731.10, | 375 |
| 4731.26, 4731.38, 4733.10, 4734.25, 4735.06, 4735.09, | 376 |
| 4735.12, 4735.13, 4735.15, 4736.01, 4740.14, 4741.41, 4741.44, | 377 |
| 4741.45, 4741.46, 4753.02, 4753.05, 4753.073, 4753.11, 4755.06, | 378 |
| 4755.12, 4757.10, 4757.31, 4757.36, 4763.01, 4763.03, | 379 |
| 4763.04, 4763.05, 4763.06, 4763.07, 4763.09, 4763.11, 4763.13, | 380 |
| 4763.14, 4763.17, 4766.09, 4767.05, 4767.07, 4767.08, 4776.01, | 381 |
| 4776.02, 4781.01, 4781.02, 4781.04, 4781.05, 4781.06, 4781.07, | 382 |
| 4928.01, 5101.11, 5101.16, 5101.162, 5101.26, 5101.33, 5101.34, | 383 |
| 5101.47, 5101.50, 5101.5212, 5101.5213, 5101.54, 5101.541, | 384 |
| 5101.544, 5101.571, 5101.573, 5101.60, 5101.61, 5101.84, | 385 |
| 5104.041, 5107.05, 5107.16, 5107.17, 5111.01, 5111.028, | 386 |
| 5111.032, 5111.033, 5111.034, 5111.06, 5111.081, 5111.083, | 387 |
| 5111.084, 5111.16, 5111.176, 5111.21, 5111.211, 5111.222, | 388 |
| 5111.231, 5111.232, 5111.24, 5111.25, 5111.261, 5111.65, | 389 |
| 5111.651, 5111.688, 5111.705, 5111.85, 5111.851, 5111.874, | 390 |
| 5111.875, 5111.89, 5111.891, 5111.894, 5111.971, 5112.30, | 391 |
| 5112.31, 5112.37, 5112.371, 5119.16, 5119.61, 5120.09, 5122.31, | 392 |
| 5123.049, 5123.0412, 5123.0413, 5123.19, 5126.044, 5126.054, | 393 |
| 5126.055, 5126.0512, 5126.19, 5139.43, 5502.01, 5502.12, | 394 |
| 5502.14, 5502.15, 5701.11, 5703.21, 5703.37, 5703.80, 5705.214, | 395 |
| 5705.29, 5705.341, 5705.37, 5709.62, 5709.63, 5709.632, | 396 |
| 5711.33, 5715.02, 5715.251, 5717.03, 5717.04, 5721.03, 5725.151, | 397 |
| 5725.18, 5725.98, 5727.811, 5727.84, 5728.12, 5729.03, 5729.98, | 398 |
| 5733.01, 5733.04, 5733.98, 5735.142, 5739.01, 5739.011, | 399 |
| 5739.02, 5739.03, 5739.033, 5739.131, 5743.15, 5743.61, | 400 |
| 5747.113, 5747.13, 5747.16, 5747.18, 5747.76, 5747.98, 5748.02, | 401 |
| 5748.03, 5749.12, 5751.01, 5751.011, 5751.012, 5751.013, | 402 |
| 5751.03, 5751.04, 5751.05, 5751.051, 5751.06, 5751.08, | 403 |
| 5751.09, 5751.20, 5751.21, 5751.22, 5751.23, 5911.10, 5913.051, | 404 |
| 5913.09, 6103.01, 6103.02, 6109.21, 6111.044, 6117.01, | 405 |
| 6117.02, and 6119.011 be amended; sections 173.43 (173.422), | 406 |
| 3319.233 (3333.049), 4753.073 (3319.227), 5101.5110 (5101.5111), | 407 |
| 5111.019 (5111.0120), and 5111.688 (5111.689) be amended for the | 408 |
| purpose of adopting new section numbers as indicated in | 409 |
| parentheses; new sections 173.43, 3319.222, 5101.5110, and | 410 |
| 5111.688 and sections 5.2265, 9.317, 103.24, 107.19, 111.26, | 411 |
| 111.27, 121.021, 121.25, 121.251, 121.252, 121.253, 121.254, | 412 |
| 121.255, 121.256, 121.257, 121.375, 121.376, 122.85, 124.393, | 413 |
| 124.821, 124.822, 124.86, 124.95, 125.181, 125.20, 126.10, | 414 |
| 126.50, 126.501, 126.502, 126.503, 126.504, 126.505, 126.506, | 415 |
| 126.507, 131.38, 148.05, 149.308, 167.081, 173.28, 173.402, | 416 |
| 173.403, 173.404, 173.421, 173.423, 173.424, 173.425, 173.431, | 417 |
| 173.432, 173.433, 173.434, 173.501, 175.30, 175.31, 175.32, | 418 |
| 175.33, 175.34, 175.35, 305.20, 307.121, 319.24, 717.25, 901.041, | 419 |
| 927.54, 1545.073, 2315.50, 2505.122, 3119.371, 3301.041, | 420 |
| 3301.076, 3301.0719, 3301.122, 3301.163, 3301.164, 3301.60, | 421 |
| 3301.61, 3301.62, 3301.63, 3301.64, 3301.90, 3301.95, 3310.51, | 422 |
| 3310.52, 3310.521, 3310.53, 3310.54, 3310.55, 3310.56, 3310.57, | 423 |
| 3310.58, 3310.59, 3310.60, 3310.61, 3310.62, 3310.63, 3310.64, | 424 |
| 3311.0510, 3313.461, 3313.719, 3313.86, 3314.028, 3314.44, | 425 |
| 3319.223, 3319.611, 3319.612, 3323.052, 3333.048, 3333.39, | 426 |
| 3333.90, 3333.91, 3365.12, 3375.79, 3701.0212, 3701.611, | 427 |
| 3702.592, 3702.593, 3705.031, 3714.011, 3714.074, 3721.511, | 428 |
| 3721.512, 3721.513, 3722.022, 3734.282, 3903.77, 3923.90, | 429 |
| 3923.91, 4501.243, 4501.29, 4503.548, 4503.563, 4582.71, | 430 |
| 4755.061, 4781.16, 4781.17, 4781.18, 4781.19, 4781.20, 4781.21, | 431 |
| 4781.22, 4781.23, 4781.24, 4781.25, 4781.99, 4928.201, 4929.261, | 432 |
| 5101.073, 5101.504, 5101.5210, 5101.542, 5111.0121, 5111.0210, | 433 |
| 5111.0211, 5111.035, 5111.092, 5111.093, 5111.141, 5111.142, | 434 |
| 5111.165, 5111.236, 5111.861, 5111.88, 5111.881, 5111.882, | 435 |
| 5111.883, 5111.884, 5111.885, 5111.886, 5111.887, 5111.888, | 436 |
| 5111.889, 5111.8810, 5111.8811, 5112.372, 5112.40, 5112.41, | 437 |
| 5112.42, 5112.43, 5112.44, 5112.45, 5112.451, 5112.46, 5112.47, | 438 |
| 5112.48, 5119.613, 5123.193, 5155.38, 5537.051, 5705.219, | 439 |
| 5705.2110, 5725.33, 5729.16, 5733.58, 5739.051, 5747.66, | 440 |
| 5751.014, 5709.111, 5911.11, 5919.20, 5919.36, and 6119.091 of | 441 |
| the Revised Code be enacted to read as follows: | 442 |
| Sec. 5.2265. The month of August is designated as "Ohio | 443 |
| Military Family Month." | 444 |
| Sec. 9.03. (A) As used in this section, "political | 445 |
| subdivision" means any body corporate and politic, except a | 446 |
| municipal corporation that has adopted a charter under Section 7 | 447 |
| of Article XVIII, Ohio Constitution, and except a county that has | 448 |
| adopted a charter under Sections 3 and 4 of Article X, Ohio | 449 |
| Constitution, to which both of the following apply: | 450 |
| (1) It is responsible for governmental activities only in a | 451 |
| geographic area smaller than the state. | 452 |
| (2) It is subject to the sovereign immunity of the state. | 453 |
| (B) Except as otherwise provided in division (C) of this | 454 |
| section, the governing body of a political subdivision may use | 455 |
| public funds to publish and distribute newsletters, or to use any | 456 |
| other means, to communicate information about the plans, policies, | 457 |
| and operations of the political subdivision to members of the | 458 |
| public within the political subdivision and to other persons who | 459 |
| may be affected by the political subdivision. | 460 |
| (C) Except as otherwise provided in division (A)(7) of | 461 |
| section 340.03 or division (A)(12) of section 340.033 of the | 462 |
| Revised Code, no governing body of a political subdivision shall | 463 |
| use public funds to do any of the following: | 464 |
| (1) Publish, distribute, or otherwise communicate information | 465 |
| that does any of the following: | 466 |
| (a) Contains defamatory, libelous, or obscene matter; | 467 |
| (b) Promotes alcoholic beverages, cigarettes or other tobacco | 468 |
| products, or any illegal product, service, or activity; | 469 |
| (c) Promotes illegal discrimination on the basis of race, | 470 |
| color, religion, national origin, handicap, age, or ancestry; | 471 |
| (d) Supports or opposes any labor organization or any action | 472 |
| by, on behalf of, or against any labor organization; | 473 |
| (e) Supports or opposes the nomination or election of a | 474 |
| candidate for public office, the investigation, prosecution, or | 475 |
| recall of a public official, or the passage of a levy or bond | 476 |
| issue. | 477 |
| (2) Compensate any employee of the political subdivision for | 478 |
| time spent on any activity to influence the outcome of an election | 479 |
| for any of the purposes described in division (C)(1)(e) of this | 480 |
| section. Division (C)(2) of this section does not prohibit the use | 481 |
| of public funds to compensate an employee of a political | 482 |
| subdivision for attending a public meeting to present information | 483 |
| about the political subdivision's finances, activities, and | 484 |
| governmental actions in a manner that is not designed to influence | 485 |
| the outcome of an election or the passage of a levy or bond issue, | 486 |
| even though the election, levy, or bond issue is discussed or | 487 |
| debated at the meeting. | 488 |
| (D)(1) Nothing in this section prohibits or restricts any | 489 |
| political subdivision from sponsoring, participating in, or doing | 490 |
| any of the following: | 491 |
| | 492 |
| commercial in nature; | 493 |
| | 494 |
| products, or services that are provided by employees of a | 495 |
| political subdivision or are provided at or through premises owned | 496 |
| or operated by a political subdivision; | 497 |
| | 498 |
| or controlled by the political subdivision. | 499 |
| (2) Nothing in this section prohibits or restricts a county | 500 |
| official from placing commercial advertisements on a county web | 501 |
| site in accordance with section 307.121 of the Revised Code. | 502 |
| (E) As used in this section, "cigarettes" and "tobacco | 503 |
| product" have the same meanings as in section 5743.01 of the | 504 |
| Revised Code. | 505 |
| Sec. 9.314. (A) As used in this section: | 506 |
| (1) "Contracting authority" has the same meaning as in | 507 |
| section 307.92 of the Revised Code. | 508 |
| (2) "Political subdivision" means a municipal corporation, | 509 |
| township, county, school district, or other body corporate and | 510 |
| politic responsible for governmental activities only in geographic | 511 |
| areas smaller than that of the state and also includes a | 512 |
| contracting authority. | 513 |
| (3) "Reverse auction" means a purchasing process in which | 514 |
| offerors submit proposals in competing to sell services or | 515 |
| supplies in an open environment via the internet. | 516 |
| (4) "Services" means the furnishing of labor, time, or effort | 517 |
| by a person, not involving the delivery of a specific end product | 518 |
| other than a report which, if provided, is merely incidental to | 519 |
| the required performance. "Services" does not include services | 520 |
| furnished pursuant to employment agreements or collective | 521 |
| bargaining agreements. | 522 |
| (5) "Supplies" means all property, including, but not limited | 523 |
| to, equipment, materials, other tangible assets, and insurance, | 524 |
| but excluding real property or interests in real property. | 525 |
| (B)(1) Whenever any political subdivision determines that the | 526 |
| use of a reverse auction is advantageous to the political | 527 |
| subdivision, the political subdivision, in accordance with this | 528 |
| section and rules the political subdivision shall adopt, may | 529 |
| purchase services or supplies by reverse auction. | 530 |
| (2) A political subdivision shall not purchase supplies or | 531 |
| services by reverse auction if the contract concerns the design, | 532 |
| construction, alteration, repair, reconstruction, or demolition of | 533 |
| a building, highway, road, street, alley, drainage system, water | 534 |
| system, waterworks, ditch, sewer, sewage disposal plant, or any | 535 |
| other structure or works of any kind. | 536 |
| (C) A political subdivision shall solicit proposals through a | 537 |
| request for proposals. The request for proposals shall state the | 538 |
| relative importance of price and other evaluation factors. The | 539 |
| political subdivision shall give notice of the request for | 540 |
| proposals in accordance with the rules it adopts. | 541 |
| (D) As provided in the request for proposals and in the rules | 542 |
| a political subdivision adopts, and to ensure full understanding | 543 |
| of and responsiveness to solicitation requirements, the political | 544 |
| subdivision may conduct discussions with responsible offerors who | 545 |
| submit proposals determined to be reasonably susceptible of being | 546 |
| selected for award. The political subdivision shall accord | 547 |
| offerors fair and equal treatment with respect to any opportunity | 548 |
| for discussion regarding any clarification, correction, or | 549 |
| revision of their proposals. | 550 |
| (E) A political subdivision may award a contract to the | 551 |
| offeror whose proposal the political subdivision determines to be | 552 |
| the most advantageous to the political subdivision, taking into | 553 |
| consideration factors such as price and the evaluation criteria | 554 |
| set forth in the request for proposals. The contract file shall | 555 |
| contain the basis on which the award is made. | 556 |
| (F) The rules that a political subdivision adopts under this | 557 |
| section may require the provision of a performance bond, or | 558 |
| another similar form of financial security, in the amount and in | 559 |
| the form specified in the rules. | 560 |
| (G) If a political subdivision is required by law to purchase | 561 |
| services or supplies by competitive sealed bidding or competitive | 562 |
| sealed proposals, a purchase made by reverse auction satisfies | 563 |
| that requirement. | 564 |
| Sec. 9.317. As used in this section, "reverse auction" has | 565 |
| the meaning defined in section 9.314 of the Revised Code, and | 566 |
| "state agency" has the meaning defined in section 9.23 of the | 567 |
| Revised Code. | 568 |
| A state agency shall not purchase supplies or services by | 569 |
| reverse auction if the contract concerns the design, construction, | 570 |
| alteration, repair, reconstruction, or demolition of a building, | 571 |
| highway, road, street, alley, drainage system, water system, | 572 |
| waterworks, ditch, sewer, sewage disposal plant, or any other | 573 |
| structure or works of any kind. | 574 |
| Sec. 101.34. (A) There is hereby created a joint legislative | 575 |
| ethics committee to serve the general assembly. The committee | 576 |
| shall be composed of twelve members, six each from the two major | 577 |
| political parties, and each member shall serve on the committee | 578 |
| during the member's term as a member of that general assembly. Six | 579 |
| members of the committee shall be members of the house of | 580 |
| representatives appointed by the speaker of the house of | 581 |
| representatives, not more than three from the same political | 582 |
| party, and six members of the committee shall be members of the | 583 |
| senate appointed by the president of the senate, not more than | 584 |
| three from the same political party. A vacancy in the committee | 585 |
| shall be filled for the unexpired term in the same manner as an | 586 |
| original appointment. The members of the committee shall be | 587 |
| appointed within fifteen days after the first day of the first | 588 |
| regular session of each general assembly and the committee shall | 589 |
| meet and proceed to recommend an ethics code not later than thirty | 590 |
| days after the first day of the first regular session of each | 591 |
| general assembly. | 592 |
| In the first regular session of each general assembly, the | 593 |
| speaker of the house of representatives shall appoint the | 594 |
| chairperson of the committee from among the house members of the | 595 |
| committee, and the president of the senate shall appoint the | 596 |
| vice-chairperson of the committee from among the senate members of | 597 |
| the committee. In the second regular session of each general | 598 |
| assembly, the president of the senate shall appoint the | 599 |
| chairperson of the committee from among the senate members of the | 600 |
| committee, and the speaker of the house of representatives shall | 601 |
| appoint the vice-chairperson of the committee from among the house | 602 |
| members of the committee. The chairperson, vice-chairperson, and | 603 |
| members of the committee shall serve until their respective | 604 |
| successors are appointed or until they are no longer members of | 605 |
| the general assembly. | 606 |
| The committee shall meet at the call of the chairperson or | 607 |
| upon the written request of seven members of the committee. | 608 |
| (B) The joint legislative ethics committee: | 609 |
| (1) Shall recommend a code of ethics that is consistent with | 610 |
| law to govern all members and employees of each house of the | 611 |
| general assembly and all candidates for the office of member of | 612 |
| each house; | 613 |
| (2) May receive and hear any complaint that alleges a breach | 614 |
| of any privilege of either house, or misconduct of any member, | 615 |
| employee, or candidate, or any violation of the appropriate code | 616 |
| of ethics; | 617 |
| (3) May obtain information with respect to any complaint | 618 |
| filed pursuant to this section and to that end may enforce the | 619 |
| attendance and testimony of witnesses, and the production of books | 620 |
| and papers; | 621 |
| (4) May recommend whatever sanction is appropriate with | 622 |
| respect to a particular member, employee, or candidate as will | 623 |
| best maintain in the minds of the public a good opinion of the | 624 |
| conduct and character of members and employees of the general | 625 |
| assembly; | 626 |
| (5) May recommend legislation to the general assembly | 627 |
| relating to the conduct and ethics of members and employees of and | 628 |
| candidates for the general assembly; | 629 |
| (6) Shall employ an executive director for the committee and | 630 |
| may employ other staff as the committee determines necessary to | 631 |
| assist it in exercising its powers and duties. The executive | 632 |
| director and staff of the committee shall be known as the office | 633 |
| of legislative inspector general. At least one member of the staff | 634 |
| of the committee shall be an attorney at law licensed to practice | 635 |
| law in this state. The appointment and removal of the executive | 636 |
| director shall require the approval of at least eight members of | 637 |
| the committee. | 638 |
| (7) May employ a special counsel to assist the committee in | 639 |
| exercising its powers and duties. The appointment and removal of a | 640 |
| special counsel shall require the approval of at least eight | 641 |
| members of the committee. | 642 |
| (8) Shall act as an advisory body to the general assembly and | 643 |
| to individual members, candidates, and employees on questions | 644 |
| relating to ethics, possible conflicts of interest, and financial | 645 |
| disclosure; | 646 |
| (9) Shall provide for the proper forms on which a statement | 647 |
| required pursuant to section 102.02 or 102.021 of the Revised Code | 648 |
| shall be filed and instructions as to the filing of the statement; | 649 |
| (10) Exercise the powers and duties prescribed under sections | 650 |
| 101.70 to 101.79, sections 101.90 to 101.98, Chapter 102., and | 651 |
| sections 121.60 to 121.69 of the Revised Code; | 652 |
| (11) Adopt, in accordance with section 111.15 of the Revised | 653 |
| Code, any rules that are necessary to implement and clarify | 654 |
| Chapter 102. and sections 2921.42 and 2921.43 of the Revised Code. | 655 |
| (C) There is hereby created in the state treasury the joint | 656 |
| legislative ethics committee fund. All money collected from | 657 |
| registration fees and late filing fees prescribed under sections | 658 |
| 101.72, 101.92, and 121.62 of the Revised Code shall be deposited | 659 |
| into the state treasury to the credit of the fund. Money credited | 660 |
| to the fund and any interest and earnings from the fund shall be | 661 |
| used solely for the operation of the joint legislative ethics | 662 |
| committee and the office of legislative inspector general and for | 663 |
| the purchase of data storage and computerization facilities for | 664 |
| the statements filed with the committee under sections 101.73, | 665 |
| 101.74, 101.93, 101.94, 121.63, and 121.64 of the Revised Code. | 666 |
| (D) The chairperson of the joint legislative ethics committee | 667 |
| shall issue a written report, not later than the thirty-first day | 668 |
| of January of each year, to the speaker and minority leader of the | 669 |
| house of representatives and to the president and minority leader | 670 |
| of the senate that lists the number of committee meetings and | 671 |
| investigations the committee conducted during the immediately | 672 |
| preceding calendar year and the number of advisory opinions it | 673 |
| issued during the immediately preceding calendar year. | 674 |
| (E) Any investigative report that contains facts and findings | 675 |
| regarding a complaint filed with the joint legislative ethics | 676 |
| committee and that is prepared by the staff of the committee or a | 677 |
| special counsel to the committee shall become a public record upon | 678 |
| its acceptance by a vote of the majority of the members of the | 679 |
| committee, except for any names of specific individuals and | 680 |
| entities contained in the report. If the committee recommends | 681 |
| disciplinary action or reports its findings to the appropriate | 682 |
| prosecuting authority for proceedings in prosecution of the | 683 |
| violations alleged in the complaint, the investigatory report | 684 |
| regarding the complaint shall become a public record in its | 685 |
| entirety. | 686 |
| (F)(1) Any file obtained by or in the possession of the | 687 |
| former house ethics committee or former senate ethics committee | 688 |
| shall become the property of the joint legislative ethics | 689 |
| committee. Any such file is confidential if either of the | 690 |
| following applies: | 691 |
| (a) It is confidential under section 102.06 of the Revised | 692 |
| Code or the legislative code of ethics. | 693 |
| (b) If the file was obtained from the former house ethics | 694 |
| committee or from the former senate ethics committee, it was | 695 |
| confidential under any statute or any provision of a code of | 696 |
| ethics that governed the file. | 697 |
| (2) As used in this division, "file" includes, but is not | 698 |
| limited to, evidence, documentation, or any other tangible thing. | 699 |
| (G) There is hereby created in the state treasury the joint | 700 |
| legislative ethics committee investigative fund. Investment | 701 |
| earnings of the fund shall be credited to the fund. Money in the | 702 |
| fund shall be used solely for the operations of the committee in | 703 |
| conducting investigations. | 704 |
| Sec. 101.35. There is hereby created in the general assembly | 705 |
| the joint committee on agency rule review. The committee shall | 706 |
| consist of five members of the house of representatives and five | 707 |
| members of the senate. Within fifteen days after the commencement | 708 |
| of the first regular session of each general assembly, the | 709 |
| speaker of the house of representatives shall appoint the | 710 |
| members of the committee from the house of representatives, and | 711 |
| the president of the senate shall appoint the members of the | 712 |
| committee from the senate. Not more than three of the members | 713 |
| from each house shall be of the same political party. In the | 714 |
| first regular session of a general assembly, the chairperson of | 715 |
| the committee shall be appointed by the speaker of the house | 716 |
| from among the house members of the committee, and the | 717 |
| vice-chairperson shall be appointed by the president of the | 718 |
| senate from among the senate members of the committee. In the | 719 |
| second regular session of a general assembly, the chairperson | 720 |
| shall be appointed by the president of the senate from among the | 721 |
| senate members of the committee, and the vice-chairperson shall | 722 |
| be appointed by the speaker of the house from among the house | 723 |
| members of the committee. The chairperson, vice-chairperson, and | 724 |
| members of the committee shall serve until their respective | 725 |
| successors are appointed or until they are no longer members of | 726 |
| the general assembly. When a vacancy occurs among the officers or | 727 |
| members of the committee, it shall be filled in the same manner | 728 |
| as the original appointment. | 729 |
| Notwithstanding section 101.26 of the Revised Code, the | 730 |
| members, when engaged in their duties as members of the committee | 731 |
| on days when there is not a voting session of the member's house | 732 |
| of the general assembly, shall be paid at the per diem rate of one | 733 |
| hundred fifty dollars, and their necessary traveling expenses, | 734 |
| which shall be paid from the funds appropriated for the payment of | 735 |
| expenses of legislative committees. | 736 |
| The committee has the same powers as other standing or select | 737 |
| committees of the general assembly. Six members constitute a | 738 |
| quorum, and the concurrence of six members is required for the | 739 |
| recommendation of a concurrent resolution invalidating a proposed | 740 |
| or effective rule, amendment, rescission, or part thereof, or for | 741 |
| the suspension of a rule, amendment, rescission, or part thereof, | 742 |
|
under division (I) of section 119.03
| 743 |
| Revised Code. | 744 |
| When a member of the committee is absent, the president or | 745 |
| speaker, as the case may be, may designate a substitute from the | 746 |
| same house and political party as the absent member. The | 747 |
| substitute shall serve on the committee in the member's absence, | 748 |
| and is entitled to perform the duties of a member of the | 749 |
| committee. For serving on the committee, the substitute shall be | 750 |
| paid the same per diem and necessary traveling expenses as the | 751 |
| substitute would be entitled to receive if the substitute were a | 752 |
| member of the committee. | 753 |
| The president or speaker shall inform the executive director | 754 |
| of the committee of a substitution. If the executive director | 755 |
| learns of a substitution sufficiently in advance of the meeting of | 756 |
| the committee the substitute is to attend, the executive director | 757 |
| shall publish notice of the substitution on the internet, make | 758 |
| reasonable effort to inform of the substitution persons who are | 759 |
| known to the executive director to be interested in rules that are | 760 |
| scheduled for review at the meeting, and inform of the | 761 |
| substitution persons who inquire of the executive director | 762 |
| concerning the meeting. | 763 |
| The committee may meet during periods in which the general | 764 |
| assembly has adjourned. At meetings of the committee, the | 765 |
| committee may request a rule-making agency, as defined in section | 766 |
| 119.01 of the Revised Code, to provide information relative to the | 767 |
| agency's implementation of its statutory authority. | 768 |
| A member of the committee, and the executive director and | 769 |
| staff of the committee, are entitled in their official capacities | 770 |
| to attend, but not in their official capacities to participate in, | 771 |
| a public hearing conducted by a rule-making agency on a proposed | 772 |
| rule, amendment, or rescission. | 773 |
| Sec. 101.72. (A) Each legislative agent and employer, within | 774 |
| ten days following an engagement of a legislative agent, shall | 775 |
| file with the joint legislative ethics committee an initial | 776 |
| registration statement showing all of the following: | 777 |
| (1) The name, business address, and occupation of the | 778 |
| legislative agent; | 779 |
| (2) The name and business address of the employer and the | 780 |
| real party in interest on whose behalf the legislative agent is | 781 |
| actively advocating, if it is different from the employer. For the | 782 |
| purposes of division (A) of this section, where a trade | 783 |
| association or other charitable or fraternal organization that is | 784 |
| exempt from federal income taxation under subsection 501(c) of the | 785 |
| federal Internal Revenue Code is the employer, the statement need | 786 |
| not list the names and addresses of each member of the association | 787 |
| or organization, so long as the association or organization itself | 788 |
| is listed. | 789 |
| (3) A brief description of the type of legislation to which | 790 |
| the engagement relates. | 791 |
| (B) In addition to the initial registration statement | 792 |
| required by division (A) of this section, each legislative agent | 793 |
| and employer shall file with the joint committee, not later than | 794 |
| the last day of January, May, and September of each year, an | 795 |
| updated registration statement that confirms the continuing | 796 |
| existence of each engagement described in an initial registration | 797 |
| statement and that lists the specific bills or resolutions on | 798 |
| which the agent actively advocated under that engagement during | 799 |
| the period covered by the updated statement, and with it any | 800 |
| statement of expenditures required to be filed by section 101.73 | 801 |
| of the Revised Code and any details of financial transactions | 802 |
| required to be filed by section 101.74 of the Revised Code. | 803 |
| (C) If a legislative agent is engaged by more than one | 804 |
| employer, the agent shall file a separate initial and updated | 805 |
| registration statement for each engagement. If an employer engages | 806 |
| more than one legislative agent, the employer need file only one | 807 |
| updated registration statement under division (B) of this section, | 808 |
| which shall contain the information required by division (B) of | 809 |
| this section regarding all of the legislative agents engaged by | 810 |
| the employer. | 811 |
| (D)(1) A change in any information required by division | 812 |
| (A)(1), (2), or (B) of this section shall be reflected in the next | 813 |
| updated registration statement filed under division (B) of this | 814 |
| section. | 815 |
| (2) Within thirty days after the termination of an | 816 |
| engagement, the legislative agent who was employed under the | 817 |
| engagement shall send written notification of the termination to | 818 |
| the joint committee. | 819 |
| (E) | 820 |
| registration fee of twenty-five dollars shall be charged for | 821 |
| filing an initial registration statement. The state agency of an | 822 |
| officer or employee who actively advocates in a fiduciary capacity | 823 |
| as a representative of that state agency shall pay the | 824 |
| registration fee required under this division. All money | 825 |
| collected from registration fees under this division and late | 826 |
| filing fees under division (G) of this section shall be deposited | 827 |
| into the state treasury to the credit of the joint legislative | 828 |
| ethics committee fund created under section 101.34 of the Revised | 829 |
| Code. | 830 |
| An officer or employee of a state agency who actively | 831 |
| advocates in a fiduciary capacity as a representative of that | 832 |
|
state agency need not | 833 |
| 834 | |
| the Revised Code. As used in this division, "state agency" does | 835 |
| not include a state institution of higher education as defined in | 836 |
| section 3345.011 of the Revised Code. | 837 |
| (F) Upon registration pursuant to division (A) of this | 838 |
| section, the legislative agent shall be issued a card by the joint | 839 |
| committee showing that the legislative agent is registered. The | 840 |
| registration card and the legislative agent's registration shall | 841 |
| be valid from the date of their issuance until the next | 842 |
| thirty-first day of December of an even-numbered year. | 843 |
| (G) The executive director of the joint committee shall be | 844 |
| responsible for reviewing each registration statement filed with | 845 |
| the joint committee under this section and for determining whether | 846 |
| the statement contains all of the information required by this | 847 |
| section. If the joint committee determines that the registration | 848 |
| statement does not contain all of the required information or that | 849 |
| a legislative agent or employer has failed to file a registration | 850 |
| statement, the joint committee shall send written notification by | 851 |
| certified mail to the person who filed the registration statement | 852 |
| regarding the deficiency in the statement or to the person who | 853 |
| failed to file the registration statement regarding the failure. | 854 |
| Any person so notified by the joint committee shall, not later | 855 |
| than fifteen days after receiving the notice, file a registration | 856 |
| statement or an amended registration statement that does contain | 857 |
| all of the information required by this section. If any person who | 858 |
| receives a notice under this division fails to file a registration | 859 |
| statement or such an amended registration statement within this | 860 |
| fifteen-day period, the joint committee shall assess a late filing | 861 |
| fee equal to twelve dollars and fifty cents per day, up to a | 862 |
| maximum of one hundred dollars, upon that person. The joint | 863 |
| committee may waive the late filing fee for good cause shown. | 864 |
| (H) On or before the fifteenth day of March of each year, the | 865 |
| joint committee shall, in the manner and form that it determines, | 866 |
| publish a report containing statistical information on the | 867 |
| registration statements filed with it under this section during | 868 |
| the preceding year. | 869 |
| Sec. 102.02. (A) Except as otherwise provided in division | 870 |
| (H) of this section, all of the following shall file with the | 871 |
| appropriate ethics commission the disclosure statement described | 872 |
| in this division on a form prescribed by the appropriate | 873 |
| commission: every person who is elected to or is a candidate for a | 874 |
| state, county, or city office and every person who is appointed to | 875 |
| fill a vacancy for an unexpired term in such an elective office; | 876 |
| all members of the state board of education; the director, | 877 |
| assistant directors, deputy directors, division chiefs, or persons | 878 |
| of equivalent rank of any administrative department of the state; | 879 |
| the president or other chief administrative officer of every state | 880 |
| institution of higher education as defined in section 3345.011 of | 881 |
| the Revised Code; the executive director and the members of the | 882 |
| capitol square review and advisory board appointed or employed | 883 |
| pursuant to section 105.41 of the Revised Code; the chief | 884 |
| executive officer and the members of the board of each state | 885 |
| retirement system; each employee of a state retirement board who | 886 |
| is a state retirement system investment officer licensed pursuant | 887 |
| to section 1707.163 of the Revised Code; the members of the Ohio | 888 |
| retirement study council appointed pursuant to division (C) of | 889 |
| section 171.01 of the Revised Code; employees of the Ohio | 890 |
| retirement study council, other than employees who perform purely | 891 |
| administrative or clerical functions; the administrator of | 892 |
| workers' compensation and each member of the bureau of workers' | 893 |
| compensation board of directors; the bureau of workers' | 894 |
| compensation director of investments; the chief investment officer | 895 |
| of the bureau of workers' compensation; the director appointed by | 896 |
| the workers' compensation council; all members of the board of | 897 |
| commissioners on grievances and discipline of the supreme court | 898 |
| and the ethics commission created under section 102.05 of the | 899 |
| Revised Code; every business manager, treasurer, or superintendent | 900 |
| of a city, local, exempted village, joint vocational, or | 901 |
| cooperative education school district or an educational service | 902 |
| center; every person who is elected to or is a candidate for the | 903 |
| office of member of a board of education of a city, local, | 904 |
| exempted village, joint vocational, or cooperative education | 905 |
| school district or of a governing board of an educational service | 906 |
| center that has a total student count of twelve thousand or more | 907 |
| as most recently determined by the department of education | 908 |
| pursuant to section 3317.03 of the Revised Code; every person who | 909 |
| is appointed to the board of education of a municipal school | 910 |
| district pursuant to division (B) or (F) of section 3311.71 of the | 911 |
| Revised Code; all members of the board of directors of a sanitary | 912 |
| district that is established under Chapter 6115. of the Revised | 913 |
| Code and organized wholly for the purpose of providing a water | 914 |
| supply for domestic, municipal, and public use, and that includes | 915 |
| two municipal corporations in two counties; every public official | 916 |
| or employee who is paid a salary or wage in accordance with | 917 |
| schedule C of section 124.15 or schedule E-2 of section 124.152 of | 918 |
| the Revised Code; members of the board of trustees and the | 919 |
| executive director of the southern Ohio agricultural and community | 920 |
| development foundation; and every other public official or | 921 |
| employee who is designated by the appropriate ethics commission | 922 |
| pursuant to division (B) of this section. | 923 |
| The disclosure statement shall include all of the following: | 924 |
| (1) The name of the person filing the statement and each | 925 |
| member of the person's immediate family and all names under which | 926 |
| the person or members of the person's immediate family do | 927 |
| business; | 928 |
| (2)(a) Subject to divisions (A)(2)(b) and (c) of this section | 929 |
| and except as otherwise provided in section 102.022 of the Revised | 930 |
| Code, identification of every source of income, other than income | 931 |
| from a legislative agent identified in division (A)(2)(b) of this | 932 |
| section, received during the preceding calendar year, in the | 933 |
| person's own name or by any other person for the person's use or | 934 |
| benefit, by the person filing the statement, and a brief | 935 |
| description of the nature of the services for which the income was | 936 |
| received. If the person filing the statement is a member of the | 937 |
| general assembly, the statement shall identify the amount of every | 938 |
| source of income received in accordance with the following ranges | 939 |
| of amounts: zero or more, but less than one thousand dollars; one | 940 |
| thousand dollars or more, but less than ten thousand dollars; ten | 941 |
| thousand dollars or more, but less than twenty-five thousand | 942 |
| dollars; twenty-five thousand dollars or more, but less than fifty | 943 |
| thousand dollars; fifty thousand dollars or more, but less than | 944 |
| one hundred thousand dollars; and one hundred thousand dollars or | 945 |
| more. Division (A)(2)(a) of this section shall not be construed to | 946 |
| require a person filing the statement who derives income from a | 947 |
| business or profession to disclose the individual items of income | 948 |
| that constitute the gross income of that business or profession, | 949 |
| except for those individual items of income that are attributable | 950 |
| to the person's or, if the income is shared with the person, the | 951 |
| partner's, solicitation of services or goods or performance, | 952 |
| arrangement, or facilitation of services or provision of goods on | 953 |
| behalf of the business or profession of clients, including | 954 |
| corporate clients, who are legislative agents. A person who files | 955 |
| the statement under this section shall disclose the identity of | 956 |
| and the amount of income received from a person who the public | 957 |
| official or employee knows or has reason to know is doing or | 958 |
| seeking to do business of any kind with the public official's or | 959 |
| employee's agency. | 960 |
| (b) If the person filing the statement is a member of the | 961 |
| general assembly, the statement shall identify every source of | 962 |
| income and the amount of that income that was received from a | 963 |
| legislative agent during the preceding calendar year, in the | 964 |
| person's own name or by any other person for the person's use or | 965 |
| benefit, by the person filing the statement, and a brief | 966 |
| description of the nature of the services for which the income was | 967 |
| received. Division (A)(2)(b) of this section requires the | 968 |
| disclosure of clients of attorneys or persons licensed under | 969 |
| section 4732.12 of the Revised Code, or patients of persons | 970 |
| certified under section 4731.14 of the Revised Code, if those | 971 |
| clients or patients are legislative agents. Division (A)(2)(b) of | 972 |
| this section requires a person filing the statement who derives | 973 |
| income from a business or profession to disclose those individual | 974 |
| items of income that constitute the gross income of that business | 975 |
| or profession that are received from legislative agents. | 976 |
| (c) Except as otherwise provided in division (A)(2)(c) of | 977 |
| this section, division (A)(2)(a) of this section applies to | 978 |
| attorneys, physicians, and other persons who engage in the | 979 |
| practice of a profession and who, pursuant to a section of the | 980 |
| Revised Code, the common law of this state, a code of ethics | 981 |
| applicable to the profession, or otherwise, generally are required | 982 |
| not to reveal, disclose, or use confidences of clients, patients, | 983 |
| or other recipients of professional services except under | 984 |
| specified circumstances or generally are required to maintain | 985 |
| those types of confidences as privileged communications except | 986 |
| under specified circumstances. Division (A)(2)(a) of this section | 987 |
| does not require an attorney, physician, or other professional | 988 |
| subject to a confidentiality requirement as described in division | 989 |
| (A)(2)(c) of this section to disclose the name, other identity, or | 990 |
| address of a client, patient, or other recipient of professional | 991 |
| services if the disclosure would threaten the client, patient, or | 992 |
| other recipient of professional services, would reveal details of | 993 |
| the subject matter for which legal, medical, or professional | 994 |
| advice or other services were sought, or would reveal an otherwise | 995 |
| privileged communication involving the client, patient, or other | 996 |
| recipient of professional services. Division (A)(2)(a) of this | 997 |
| section does not require an attorney, physician, or other | 998 |
| professional subject to a confidentiality requirement as described | 999 |
| in division (A)(2)(c) of this section to disclose in the brief | 1000 |
| description of the nature of services required by division | 1001 |
| (A)(2)(a) of this section any information pertaining to specific | 1002 |
| professional services rendered for a client, patient, or other | 1003 |
| recipient of professional services that would reveal details of | 1004 |
| the subject matter for which legal, medical, or professional | 1005 |
| advice was sought or would reveal an otherwise privileged | 1006 |
| communication involving the client, patient, or other recipient of | 1007 |
| professional services. | 1008 |
| (3) The name of every corporation on file with the secretary | 1009 |
| of state that is incorporated in this state or holds a certificate | 1010 |
| of compliance authorizing it to do business in this state, trust, | 1011 |
| business trust, partnership, or association that transacts | 1012 |
| business in this state in which the person filing the statement or | 1013 |
| any other person for the person's use and benefit had during the | 1014 |
| preceding calendar year an investment of over one thousand dollars | 1015 |
| at fair market value as of the thirty-first day of December of the | 1016 |
| preceding calendar year, or the date of disposition, whichever is | 1017 |
| earlier, or in which the person holds any office or has a | 1018 |
| fiduciary relationship, and a description of the nature of the | 1019 |
| investment, office, or relationship. Division (A)(3) of this | 1020 |
| section does not require disclosure of the name of any bank, | 1021 |
| savings and loan association, credit union, or building and loan | 1022 |
| association with which the person filing the statement has a | 1023 |
| deposit or a withdrawable share account. | 1024 |
| (4) All fee simple and leasehold interests to which the | 1025 |
| person filing the statement holds legal title to or a beneficial | 1026 |
| interest in real property located within the state, excluding the | 1027 |
| person's residence and property used primarily for personal | 1028 |
| recreation; | 1029 |
| (5) The names of all persons residing or transacting business | 1030 |
| in the state to whom the person filing the statement owes, in the | 1031 |
| person's own name or in the name of any other person, more than | 1032 |
| one thousand dollars. Division (A)(5) of this section shall not be | 1033 |
| construed to require the disclosure of debts owed by the person | 1034 |
| resulting from the ordinary conduct of a business or profession or | 1035 |
| debts on the person's residence or real property used primarily | 1036 |
| for personal recreation, except that the superintendent of | 1037 |
| financial institutions shall disclose the names of all | 1038 |
| state-chartered savings and loan associations and of all service | 1039 |
| corporations subject to regulation under division (E)(2) of | 1040 |
| section 1151.34 of the Revised Code to whom the superintendent in | 1041 |
| the superintendent's own name or in the name of any other person | 1042 |
| owes any money, and that the superintendent and any deputy | 1043 |
| superintendent of banks shall disclose the names of all | 1044 |
| state-chartered banks and all bank subsidiary corporations subject | 1045 |
| to regulation under section 1109.44 of the Revised Code to whom | 1046 |
| the superintendent or deputy superintendent owes any money. | 1047 |
| (6) The names of all persons residing or transacting business | 1048 |
| in the state, other than a depository excluded under division | 1049 |
| (A)(3) of this section, who owe more than one thousand dollars to | 1050 |
| the person filing the statement, either in the person's own name | 1051 |
| or to any person for the person's use or benefit. Division (A)(6) | 1052 |
| of this section shall not be construed to require the disclosure | 1053 |
| of clients of attorneys or persons licensed under section 4732.12 | 1054 |
| or 4732.15 of the Revised Code, or patients of persons certified | 1055 |
| under section 4731.14 of the Revised Code, nor the disclosure of | 1056 |
| debts owed to the person resulting from the ordinary conduct of a | 1057 |
| business or profession. | 1058 |
| (7) Except as otherwise provided in section 102.022 of the | 1059 |
| Revised Code, the source of each gift of over seventy-five | 1060 |
| dollars, or of each gift of over twenty-five dollars received by a | 1061 |
| member of the general assembly from a legislative agent, received | 1062 |
| by the person in the person's own name or by any other person for | 1063 |
| the person's use or benefit during the preceding calendar year, | 1064 |
| except gifts received by will or by virtue of section 2105.06 of | 1065 |
| the Revised Code, or received from spouses, parents, grandparents, | 1066 |
| children, grandchildren, siblings, nephews, nieces, uncles, aunts, | 1067 |
| brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, | 1068 |
| fathers-in-law, mothers-in-law, or any person to whom the person | 1069 |
| filing the statement stands in loco parentis, or received by way | 1070 |
| of distribution from any inter vivos or testamentary trust | 1071 |
| established by a spouse or by an ancestor; | 1072 |
| (8) Except as otherwise provided in section 102.022 of the | 1073 |
| Revised Code, identification of the source and amount of every | 1074 |
| payment of expenses incurred for travel to destinations inside or | 1075 |
| outside this state that is received by the person in the person's | 1076 |
| own name or by any other person for the person's use or benefit | 1077 |
| and that is incurred in connection with the person's official | 1078 |
| duties, except for expenses for travel to meetings or conventions | 1079 |
| of a national or state organization to which any state agency, | 1080 |
| including, but not limited to, any legislative agency or state | 1081 |
| institution of higher education as defined in section 3345.011 of | 1082 |
| the Revised Code, pays membership dues, or any political | 1083 |
| subdivision or any office or agency of a political subdivision | 1084 |
| pays membership dues; | 1085 |
| (9) Except as otherwise provided in section 102.022 of the | 1086 |
| Revised Code, identification of the source of payment of expenses | 1087 |
| for meals and other food and beverages, other than for meals and | 1088 |
| other food and beverages provided at a meeting at which the person | 1089 |
| participated in a panel, seminar, or speaking engagement or at a | 1090 |
| meeting or convention of a national or state organization to which | 1091 |
| any state agency, including, but not limited to, any legislative | 1092 |
| agency or state institution of higher education as defined in | 1093 |
| section 3345.011 of the Revised Code, pays membership dues, or any | 1094 |
| political subdivision or any office or agency of a political | 1095 |
| subdivision pays membership dues, that are incurred in connection | 1096 |
| with the person's official duties and that exceed one hundred | 1097 |
| dollars aggregated per calendar year; | 1098 |
| (10) If the disclosure statement is filed by a public | 1099 |
| official or employee described in division (B)(2) of section | 1100 |
| 101.73 of the Revised Code or division (B)(2) of section 121.63 of | 1101 |
| the Revised Code who receives a statement from a legislative | 1102 |
| agent, executive agency lobbyist, or employer that contains the | 1103 |
| information described in division (F)(2) of section 101.73 of the | 1104 |
| Revised Code or division (G)(2) of section 121.63 of the Revised | 1105 |
| Code, all of the nondisputed information contained in the | 1106 |
| statement delivered to that public official or employee by the | 1107 |
| legislative agent, executive agency lobbyist, or employer under | 1108 |
| division (F)(2) of section 101.73 or (G)(2) of section 121.63 of | 1109 |
| the Revised Code. | 1110 |
| A person may file a statement required by this section in | 1111 |
| person or by mail. A person who is a candidate for elective office | 1112 |
| shall file the statement no later than the thirtieth day before | 1113 |
| the primary, special, or general election at which the candidacy | 1114 |
| is to be voted on, whichever election occurs soonest, except that | 1115 |
| a person who is a write-in candidate shall file the statement no | 1116 |
| later than the twentieth day before the earliest election at which | 1117 |
| the person's candidacy is to be voted on. A person who holds | 1118 |
| elective office shall file the statement on or before the | 1119 |
| fifteenth day of April of each year unless the person is a | 1120 |
| candidate for office. A person who is appointed to fill a vacancy | 1121 |
| for an unexpired term in an elective office shall file the | 1122 |
| statement within fifteen days after the person qualifies for | 1123 |
| office. Other persons shall file an annual statement on or before | 1124 |
| the fifteenth day of April or, if appointed or employed after that | 1125 |
| date, within ninety days after appointment or employment. No | 1126 |
| person shall be required to file with the appropriate ethics | 1127 |
| commission more than one statement or pay more than one filing fee | 1128 |
| for any one calendar year. | 1129 |
| The appropriate ethics commission, for good cause, may extend | 1130 |
| for a reasonable time the deadline for filing a statement under | 1131 |
| this section. | 1132 |
| A statement filed under this section is subject to public | 1133 |
| inspection at locations designated by the appropriate ethics | 1134 |
| commission except as otherwise provided in this section. | 1135 |
| (B) The Ohio ethics commission, the joint legislative ethics | 1136 |
| committee, and the board of commissioners on grievances and | 1137 |
| discipline of the supreme court, using the rule-making procedures | 1138 |
| of Chapter 119. of the Revised Code, may require any class of | 1139 |
| public officials or employees under its jurisdiction and not | 1140 |
| specifically excluded by this section whose positions involve a | 1141 |
| substantial and material exercise of administrative discretion in | 1142 |
| the formulation of public policy, expenditure of public funds, | 1143 |
| enforcement of laws and rules of the state or a county or city, or | 1144 |
| the execution of other public trusts, to file an annual statement | 1145 |
| on or before the fifteenth day of April under division (A) of this | 1146 |
| section. The appropriate ethics commission shall send the public | 1147 |
| officials or employees written notice of the requirement by the | 1148 |
| fifteenth day of February of each year the filing is required | 1149 |
| unless the public official or employee is appointed after that | 1150 |
| date, in which case the notice shall be sent within thirty days | 1151 |
| after appointment, and the filing shall be made not later than | 1152 |
| ninety days after appointment. | 1153 |
| Except for disclosure statements filed by members of the | 1154 |
| board of trustees and the executive director of the southern Ohio | 1155 |
| agricultural and community development foundation, disclosure | 1156 |
| statements filed under this division with the Ohio ethics | 1157 |
| commission by members of boards, commissions, or bureaus of the | 1158 |
| state for which no compensation is received other than reasonable | 1159 |
| and necessary expenses shall be kept confidential. Disclosure | 1160 |
| statements filed with the Ohio ethics commission under division | 1161 |
| (A) of this section by business managers, treasurers, and | 1162 |
| superintendents of city, local, exempted village, joint | 1163 |
| vocational, or cooperative education school districts or | 1164 |
| educational service centers shall be kept confidential, except | 1165 |
| that any person conducting an audit of any such school district or | 1166 |
| educational service center pursuant to section 115.56 or Chapter | 1167 |
| 117. of the Revised Code may examine the disclosure statement of | 1168 |
| any business manager, treasurer, or superintendent of that school | 1169 |
| district or educational service center. The Ohio ethics commission | 1170 |
| shall examine each disclosure statement required to be kept | 1171 |
| confidential to determine whether a potential conflict of interest | 1172 |
| exists for the person who filed the disclosure statement. A | 1173 |
| potential conflict of interest exists if the private interests of | 1174 |
| the person, as indicated by the person's disclosure statement, | 1175 |
| might interfere with the public interests the person is required | 1176 |
| to serve in the exercise of the person's authority and duties in | 1177 |
| the person's office or position of employment. If the commission | 1178 |
| determines that a potential conflict of interest exists, it shall | 1179 |
| notify the person who filed the disclosure statement and shall | 1180 |
| make the portions of the disclosure statement that indicate a | 1181 |
| potential conflict of interest subject to public inspection in the | 1182 |
| same manner as is provided for other disclosure statements. Any | 1183 |
| portion of the disclosure statement that the commission determines | 1184 |
| does not indicate a potential conflict of interest shall be kept | 1185 |
| confidential by the commission and shall not be made subject to | 1186 |
| public inspection, except as is necessary for the enforcement of | 1187 |
| Chapters 102. and 2921. of the Revised Code and except as | 1188 |
| otherwise provided in this division. | 1189 |
| (C) No person shall knowingly fail to file, on or before the | 1190 |
| applicable filing deadline established under this section, a | 1191 |
| statement that is required by this section. | 1192 |
| (D) No person shall knowingly file a false statement that is | 1193 |
| required to be filed under this section. | 1194 |
| (E)(1) Except as provided in divisions (E)(2) and (3) of this | 1195 |
| section, the statement required by division (A) or (B) of this | 1196 |
| section shall be accompanied by a filing fee of forty dollars. | 1197 |
| (2) The statement required by division (A) of this section | 1198 |
| shall be accompanied by the following filing fee to be paid by the | 1199 |
| person who is elected or appointed to, or is a candidate for, any | 1200 |
| of the following offices: | 1201 |
| For state office, except member of the | 1202 | ||||
| state board of education | $65 | 1203 | |||
| For office of member of general assembly | $40 | 1204 | |||
| For county office | $40 | 1205 | |||
| For city office | $25 | 1206 | |||
| For office of member of the state board | 1207 | ||||
| of education | $25 | 1208 | |||
| For office of member of a city, local, | 1209 | ||||
| exempted village, or cooperative | 1210 | ||||
| education board of | 1211 | ||||
| education or educational service | 1212 | ||||
| center governing board | $20 | 1213 | |||
| For position of business manager, | 1214 | ||||
| treasurer, or superintendent of a | 1215 | ||||
| city, local, exempted village, joint | 1216 | ||||
| vocational, or cooperative education | 1217 | ||||
| school district or | 1218 | ||||
| educational service center | $20 | 1219 |
| (3) No judge of a court of record or candidate for judge of a | 1220 |
| court of record, and no referee or magistrate serving a court of | 1221 |
| record, shall be required to pay the fee required under division | 1222 |
| (E)(1) or (2) or (F) of this section. | 1223 |
| (4) For any public official who is appointed to a nonelective | 1224 |
| office of the state and for any employee who holds a nonelective | 1225 |
| position in a public agency of the state, the state agency that is | 1226 |
| the primary employer of the state official or employee shall pay | 1227 |
| the fee required under division (E)(1) or (F) of this section. | 1228 |
| (F) If a statement required to be filed under this section is | 1229 |
| not filed by the date on which it is required to be filed, the | 1230 |
| appropriate ethics commission shall assess the person required to | 1231 |
| file the statement a late filing fee of ten dollars for each day | 1232 |
| the statement is not filed, except that the total amount of the | 1233 |
| late filing fee shall not exceed two hundred fifty dollars. | 1234 |
| (G)(1) The appropriate ethics commission other than the Ohio | 1235 |
| ethics commission and the joint legislative ethics committee shall | 1236 |
| deposit all fees it receives under divisions (E) and (F) of this | 1237 |
| section into the general revenue fund of the state. | 1238 |
| (2) The Ohio ethics commission shall deposit all receipts, | 1239 |
| including, but not limited to, fees it receives under divisions | 1240 |
| (E) and (F) of this section and all moneys it receives from | 1241 |
| settlements under division (G) of section 102.06 of the Revised | 1242 |
| Code, into the Ohio ethics commission fund, which is hereby | 1243 |
| created in the state treasury. All moneys credited to the fund | 1244 |
| shall be used solely for expenses related to the operation and | 1245 |
| statutory functions of the commission. | 1246 |
| (3) The joint legislative ethics committee shall deposit all | 1247 |
| receipts it receives from the payment of financial disclosure | 1248 |
| statement filing fees under divisions (E) and (F) of this section | 1249 |
| into the joint legislative ethics committee investigative fund. | 1250 |
| (H) Division (A) of this section does not apply to a person | 1251 |
| elected or appointed to the office of precinct, ward, or district | 1252 |
| committee member under Chapter 3517. of the Revised Code; a | 1253 |
| presidential elector; a delegate to a national convention; village | 1254 |
| or township officials and employees; any physician or psychiatrist | 1255 |
| who is paid a salary or wage in accordance with schedule C of | 1256 |
| section 124.15 or schedule E-2 of section 124.152 of the Revised | 1257 |
| Code and whose primary duties do not require the exercise of | 1258 |
| administrative discretion; or any member of a board, commission, | 1259 |
| or bureau of any county or city who receives less than one | 1260 |
| thousand dollars per year for serving in that position. | 1261 |
| Sec. 103.0511. The director of the legislative service | 1262 |
| commission shall establish and maintain, and enhance and improve, | 1263 |
| an electronic rule-filing system connecting: | 1264 |
| (A) The legislative service commission, the joint committee | 1265 |
| on agency rule review, the secretary of state, the small business | 1266 |
|
regulatory review board, and the
| 1267 |
| ombudsperson; | 1268 |
| (B) The governor, the senate and house of representatives, | 1269 |
| and the clerks of the senate and house of representatives; | 1270 |
| (C) Each agency that files rules and other rule-making and | 1271 |
| rule-related documents with the legislative service commission, | 1272 |
| the joint committee on agency rule review, the governor, the | 1273 |
|
secretary of state, the | 1274 |
| ombudsperson, the general assembly, or a committee of the senate | 1275 |
| or house of representatives under section 111.15, 117.20, 119.03, | 1276 |
| 1277 | |
| 127.18, 4141.14, 5117.02, or 5703.14 of the Revised Code or any | 1278 |
| other statute; | 1279 |
| (D) The several publishers of the Administrative Code; and | 1280 |
| (E) Any other person or governmental officer or entity whose | 1281 |
| inclusion in the system is required for the system to be a | 1282 |
| complete electronic rule-filing system. | 1283 |
| The electronic rule-filing system is to enable rules and | 1284 |
| rule-making and rule-related documents to be filed, and official | 1285 |
| responses to these filings to be made, exclusively by electronic | 1286 |
| means. | 1287 |
| Sec. 103.24. There is hereby created in the state treasury | 1288 |
| the legislative agency telephone usage fund. Money collected from | 1289 |
| the house of representatives, senate, and joint legislative ethics | 1290 |
| committee shall be credited to the fund, along with money | 1291 |
| collected from any other legislative agency that the legislative | 1292 |
| service commission determines should account for calls made from | 1293 |
| the agency's telephones through the fund. The fund shall be used | 1294 |
| to pay the telephone carriers for all such telephone calls. | 1295 |
| Sec. 105.41. (A) There is hereby created in the legislative | 1296 |
| branch of government the capitol square review and advisory board, | 1297 |
| consisting of thirteen members as follows: | 1298 |
| (1) Two members of the senate, appointed by the president of | 1299 |
| the senate, both of whom shall not be members of the same | 1300 |
| political party; | 1301 |
| (2) Two members of the house of representatives, appointed by | 1302 |
| the speaker of the house of representatives, both of whom shall | 1303 |
| not be members of the same political party; | 1304 |
| (3) Five members appointed by the governor, with the advice | 1305 |
| and consent of the senate, not more than three of whom shall be | 1306 |
| members of the same political party, one of whom shall be the | 1307 |
| chief of staff of the governor's office, one of whom shall | 1308 |
| represent the Ohio arts council, one of whom shall represent the | 1309 |
| Ohio historical society, one of whom shall represent the Ohio | 1310 |
| building authority, and one of whom shall represent the public at | 1311 |
| large; | 1312 |
| (4) One member, who shall be a former president of the | 1313 |
| senate, appointed by the current president of the senate. If the | 1314 |
| current president of the senate, in the current president's | 1315 |
| discretion, decides for any reason not to make the appointment or | 1316 |
| if no person is eligible or available to serve, the seat shall | 1317 |
| remain vacant. | 1318 |
| (5) One member, who shall be a former speaker of the house of | 1319 |
| representatives, appointed by the current speaker of the house of | 1320 |
| representatives. If the current speaker of the house of | 1321 |
| representatives, in the current speaker's discretion, decides for | 1322 |
| any reason not to make the appointment or if no person is eligible | 1323 |
| or available to serve, the seat shall remain vacant. | 1324 |
| (6) The clerk of the senate and the clerk of the house of | 1325 |
| representatives. | 1326 |
| (B) Terms of office of each appointed member of the board | 1327 |
| shall be for three years, except that members of the general | 1328 |
| assembly appointed to the board shall be members of the board only | 1329 |
| so long as they are members of the general assembly and the chief | 1330 |
| of staff of the governor's office shall be a member of the board | 1331 |
| only so long as the appointing governor remains in office. Each | 1332 |
| member shall hold office from the date of the member's appointment | 1333 |
| until the end of the term for which the member was appointed. In | 1334 |
| case of a vacancy occurring on the board, the president of the | 1335 |
| senate, the speaker of the house of representatives, or the | 1336 |
| governor, as the case may be, shall in the same manner prescribed | 1337 |
| for the regular appointment to the commission, fill the vacancy | 1338 |
| by appointing a member. Any member appointed to fill a vacancy | 1339 |
| occurring prior to the expiration of the term for which the | 1340 |
| member's predecessor was appointed shall hold office for the | 1341 |
| remainder of the term. Any appointed member shall continue in | 1342 |
| office subsequent to the expiration date of the member's term | 1343 |
| until the member's successor takes office, or until a period of | 1344 |
| sixty days has elapsed, whichever occurs first. | 1345 |
| (C) The board shall hold meetings in a manner and at times | 1346 |
| prescribed by the rules adopted by the board. A majority of the | 1347 |
| board constitutes a quorum, and no action shall be taken by the | 1348 |
| board unless approved by at least six members or by at least seven | 1349 |
| members if a person is appointed under division (A)(4) or (5) of | 1350 |
| this section. At its first meeting, the board shall adopt rules | 1351 |
| for the conduct of its business and the election of its officers, | 1352 |
| and shall organize by selecting a chairperson and other officers | 1353 |
| as it considers necessary. Board members shall serve without | 1354 |
| compensation but shall be reimbursed for actual and necessary | 1355 |
| expenses incurred in the performance of their duties. | 1356 |
| (D) The board may do any of the following: | 1357 |
| (1) Employ or hire on a consulting basis professional, | 1358 |
| technical, and clerical employees as are necessary for the | 1359 |
|
performance of its duties | 1360 |
| unclassified civil service and serve at the pleasure of the board. | 1361 |
| For the purposes of sections 718.04 and 4117.01 of the Revised | 1362 |
| Code, employees of the board shall be considered employees of the | 1363 |
| general assembly. | 1364 |
| (2) Hold public hearings at times and places as determined by | 1365 |
| the board; | 1366 |
| (3) Adopt, amend, or rescind rules necessary to accomplish | 1367 |
| the duties of the board as set forth in this section; | 1368 |
| (4) Sponsor, conduct, and support such social events as the | 1369 |
| board may authorize and consider appropriate for the employees of | 1370 |
| the board, employees and members of the general assembly, | 1371 |
| employees of persons under contract with the board or otherwise | 1372 |
| engaged to perform services on the premises of capitol square, or | 1373 |
| other persons as the board may consider appropriate. Subject to | 1374 |
| the requirements of Chapter 4303. of the Revised Code, the board | 1375 |
| may provide beer, wine, and intoxicating liquor, with or without | 1376 |
| charge, for those events and may use funds only from the sale of | 1377 |
| goods and services fund to purchase the beer, wine, and | 1378 |
| intoxicating liquor the board provides; | 1379 |
| (5) Purchase a warehouse in which to store items of the | 1380 |
| capitol collection trust and, whenever necessary, equipment or | 1381 |
| other property of the board. | 1382 |
| (E) The board shall do all of the following: | 1383 |
| (1) Have sole authority to coordinate and approve any | 1384 |
| improvements, additions, and renovations that are made to the | 1385 |
| capitol square. The improvements shall include, but not be limited | 1386 |
| to, the placement of monuments and sculpture on the capitol | 1387 |
| grounds. | 1388 |
| (2) Subject to section 3353.07 of the Revised Code, operate | 1389 |
| the capitol square, and have sole authority to regulate all uses | 1390 |
| of the capitol square. The uses shall include, but not be limited | 1391 |
| to, the casual and recreational use of the capitol square. | 1392 |
| (3) Employ, fix the compensation of, and prescribe the duties | 1393 |
| of the executive director of the board and other employees the | 1394 |
| board considers necessary for the performance of its powers and | 1395 |
| duties; | 1396 |
| (4) Establish and maintain the capitol collection trust. The | 1397 |
| capitol collection trust shall consist of furniture, antiques, and | 1398 |
| other items of personal property that the board shall store in | 1399 |
| suitable facilities until they are ready to be displayed in the | 1400 |
| capitol square. | 1401 |
| (5) Perform repair, construction, contracting, purchasing, | 1402 |
| maintenance, supervisory, and operating activities the board | 1403 |
| determines are necessary for the operation and maintenance of the | 1404 |
| capitol square; | 1405 |
| (6) Maintain and preserve the capitol square, in accordance | 1406 |
| with guidelines issued by the United States secretary of the | 1407 |
| interior for application of the secretary's standards for | 1408 |
| rehabilitation adopted in 36 C.F.R. part 67; | 1409 |
| (7) Plan and develop a center at the capitol building for the | 1410 |
| purpose of educating visitors about the history of Ohio, including | 1411 |
| its political, economic, and social development and the design and | 1412 |
| erection of the capitol building and its grounds. | 1413 |
| (F)(1) The board shall lease capital facilities improved or | 1414 |
| financed by the Ohio building authority pursuant to Chapter 152. | 1415 |
| of the Revised Code for the use of the board, and may enter into | 1416 |
| any other agreements with the authority ancillary to improvement, | 1417 |
| financing, or leasing of those capital facilities, including, but | 1418 |
| not limited to, any agreement required by the applicable bond | 1419 |
| proceedings authorized by Chapter 152. of the Revised Code. Any | 1420 |
| lease of capital facilities authorized by this section shall be | 1421 |
| governed by division (D) of section 152.24 of the Revised Code. | 1422 |
| (2) Fees, receipts, and revenues received by the board from | 1423 |
| the state underground parking garage constitute available receipts | 1424 |
| as defined in section 152.09 of the Revised Code, and may be | 1425 |
| pledged to the payment of bond service charges on obligations | 1426 |
| issued by the Ohio building authority pursuant to Chapter 152. of | 1427 |
| the Revised Code to improve, finance, or purchase capital | 1428 |
| facilities useful to the board. The authority may, with the | 1429 |
| consent of the board, provide in the bond proceedings for a pledge | 1430 |
| of all or a portion of those fees, receipts, and revenues as the | 1431 |
| authority determines. The authority may provide in the bond | 1432 |
| proceedings or by separate agreement with the board for the | 1433 |
| transfer of those fees, receipts, and revenues to the appropriate | 1434 |
| bond service fund or bond service reserve fund as required to pay | 1435 |
| the bond service charges when due, and any such provision for the | 1436 |
| transfer of those fees, receipts, and revenues shall be | 1437 |
| controlling notwithstanding any other provision of law pertaining | 1438 |
| to those fees, receipts, and revenues. | 1439 |
| (3) All moneys received by the treasurer of state on account | 1440 |
| of the board and required by the applicable bond proceedings or by | 1441 |
| separate agreement with the board to be deposited, transferred, or | 1442 |
| credited to the bond service fund or bond service reserve fund | 1443 |
| established by the bond proceedings shall be transferred by the | 1444 |
| treasurer of state to such fund, whether or not it is in the | 1445 |
| custody of the treasurer of state, without necessity for further | 1446 |
| appropriation, upon receipt of notice from the Ohio building | 1447 |
| authority as prescribed in the bond proceedings. | 1448 |
| (G) All fees, receipts, and revenues received by the board | 1449 |
| from the state underground parking garage shall be deposited into | 1450 |
| the state treasury to the credit of the underground parking garage | 1451 |
| operating fund, which is hereby created, to be used for the | 1452 |
| purposes specified in division (F) of this section and for the | 1453 |
| operation and maintenance of the garage. All investment earnings | 1454 |
| of the fund shall be credited to the fund. | 1455 |
| (H) All donations received by the board shall be deposited | 1456 |
| into the state treasury to the credit of the capitol square | 1457 |
| renovation gift fund, which is hereby created. The fund shall be | 1458 |
| used by the board as follows: | 1459 |
| (1) To provide part or all of the funding related to | 1460 |
| construction, goods, or services for the renovation of the capitol | 1461 |
| square; | 1462 |
| (2) To purchase art, antiques, and artifacts for display at | 1463 |
| the capitol square; | 1464 |
| (3) To award contracts or make grants to organizations for | 1465 |
| educating the public regarding the historical background and | 1466 |
| governmental functions of the capitol square. Chapters 125., 127., | 1467 |
| and 153. and section 3517.13 of the Revised Code do not apply to | 1468 |
| purchases made exclusively from the fund, notwithstanding anything | 1469 |
| to the contrary in those chapters or that section. All investment | 1470 |
| earnings of the fund shall be credited to the fund. | 1471 |
| (I) Except as provided in divisions (G), (H), and (J) of this | 1472 |
| section, all fees, receipts, and revenues received by the board | 1473 |
| shall be deposited into the state treasury to the credit of the | 1474 |
| sale of goods and services fund, which is hereby created. Money | 1475 |
| credited to the fund shall be used solely to pay costs of the | 1476 |
| board other than those specified in divisions (F) and (G) of this | 1477 |
| section. All investment earnings of the fund shall be credited to | 1478 |
| the fund. | 1479 |
| (J) There is hereby created in the state treasury the capitol | 1480 |
| square improvement fund, to be used by the board to pay | 1481 |
| construction, renovation, and other costs related to the capitol | 1482 |
| square for which money is not otherwise available to the board. | 1483 |
| Whenever the board determines that there is a need to incur those | 1484 |
| costs and that the unencumbered, unobligated balance to the credit | 1485 |
| of the underground parking garage operating fund exceeds the | 1486 |
| amount needed for the purposes specified in division (F) of this | 1487 |
| section and for the operation and maintenance of the garage, the | 1488 |
| board may request the director of budget and management to | 1489 |
| transfer from the underground parking garage operating fund to the | 1490 |
| capitol square improvement fund the amount needed to pay such | 1491 |
| construction, renovation, or other costs. The director then shall | 1492 |
| transfer the amount needed from the excess balance of the | 1493 |
| underground parking garage operating fund. | 1494 |
| (K) As the operation and maintenance of the capitol square | 1495 |
| constitute essential government functions of a public purpose, the | 1496 |
| board shall not be required to pay taxes or assessments upon the | 1497 |
| square, upon any property acquired or used by the board under this | 1498 |
| section, or upon any income generated by the operation of the | 1499 |
| square. | 1500 |
| (L) Section 125.18 of the Revised Code does not apply to the | 1501 |
| board. | 1502 |
| (M) As used in this section, "capitol square" means the | 1503 |
| capitol building, senate building, capitol atrium, capitol | 1504 |
| grounds, the state underground parking garage, and the warehouse | 1505 |
| owned by the board. | 1506 |
| | 1507 |
| building. | 1508 |
| Sec. 107.19. The governor shall have no power to issue any | 1509 |
| executive order that has previously been issued and that the | 1510 |
| federal trade commission, office of policy planning, bureau of | 1511 |
| economics, and bureau of competition has opined is | 1512 |
| anti-competitive and is in violation of anti-trust laws. Any such | 1513 |
| executive order shall be considered invalid and unenforceable. | 1514 |
| Sec. 107.21. (A) As used in this section, "Appalachian | 1515 |
|
region" means the following counties in this state | 1516 |
| been designated as part of Appalachia by the federal Appalachian | 1517 |
|
regional commission and | 1518 |
| isolated and economically depressed: Adams, Ashtabula, Athens, | 1519 |
| Belmont, Brown, Carroll, Clermont, Columbiana, Coshocton, Gallia, | 1520 |
| Guernsey, Harrison, Highland, Hocking, Holmes, Jackson, Jefferson, | 1521 |
| Lawrence, Mahoning, Meigs, Monroe, Morgan, Muskingum, Noble, | 1522 |
| Perry, Pike, Ross, Scioto, Trumbull, Tuscarawas, Vinton, and | 1523 |
| Washington. | 1524 |
| (B) There is hereby created in the department of development | 1525 |
| the governor's office of Appalachian Ohio. The governor shall | 1526 |
| designate the director of the governor's office of Appalachian | 1527 |
| Ohio. The director shall report directly to the office of the | 1528 |
| governor. On January 1, 1987, the governor shall designate the | 1529 |
| director to represent this state on the federal Appalachian | 1530 |
| regional commission. The director may appoint such employees as | 1531 |
| are necessary to exercise the powers and duties of this office. | 1532 |
| The director shall maintain local development districts as | 1533 |
| established within the Appalachian region for the purpose of | 1534 |
| regional planning for the distribution of funds from the | 1535 |
| Appalachian regional commission within the Appalachian region. | 1536 |
| (C) The governor's office of Appalachian Ohio shall represent | 1537 |
| the interests of the Appalachian region in the government of this | 1538 |
| state. The duties of the director of the office shall include, but | 1539 |
| are not limited to, the following: | 1540 |
| (1) To identify residents of the Appalachian region qualified | 1541 |
| to serve on state boards, commissions, and bodies and in state | 1542 |
| offices, and to bring these persons to the attention of the | 1543 |
| governor; | 1544 |
| (2) To represent the interests of the Appalachian region in | 1545 |
| the general assembly and before state boards, commissions, bodies, | 1546 |
| and agencies; | 1547 |
| (3) To assist in forming a consensus on public issues and | 1548 |
| policies among institutions and organizations that serve the | 1549 |
| Appalachian region; | 1550 |
| (4) To act as an | 1551 |
| resolving differences between state or federal agencies and the | 1552 |
| officials of political subdivisions or private, nonprofit | 1553 |
| organizations located within the Appalachian region; | 1554 |
| (5) To assist planning commissions, agencies, and | 1555 |
| organizations within the Appalachian region in distributing | 1556 |
| planning information and documents to the appropriate state and | 1557 |
| federal agencies and to assist in focusing attention on any | 1558 |
| findings and recommendations of these commissions, agencies, and | 1559 |
| organizations; | 1560 |
| (6) To issue reports on the Appalachian region | 1561 |
| describe progress achieved and the needs that still exist in the | 1562 |
| region; | 1563 |
| (7) To assist the governor's office in resolving the problems | 1564 |
| of residents of the Appalachian region that come to the governor's | 1565 |
| attention. | 1566 |
| (D) The amount of money from appropriated state funds | 1567 |
| allocated each year to pay administrative costs of a local | 1568 |
| development district existing on the effective date of this | 1569 |
| amendment shall not be decreased due to the creation and funding | 1570 |
| of additional local development districts. The amount of money | 1571 |
| allocated to each district shall be increased each year by the | 1572 |
| average percentage of increase in the consumer price index for the | 1573 |
| prior year. | 1574 |
| As used in this division, "consumer price index" means the | 1575 |
| consumer price index for all urban consumers (United States city | 1576 |
| average, all items), prepared by the United States department of | 1577 |
| labor, bureau of labor statistics. | 1578 |
| Sec. 107.40. (A) There is hereby created the governor's | 1579 |
| residence advisory commission. The commission shall provide for | 1580 |
| the preservation, restoration, acquisition, and conservation of | 1581 |
| all decorations, objects of art, chandeliers, china, silver, | 1582 |
| statues, paintings, furnishings, accouterments, and other | 1583 |
| aesthetic materials that have been acquired, donated, loaned, or | 1584 |
| otherwise obtained by the state for the governor's residence and | 1585 |
| that have been approved by the commission. In addition, the | 1586 |
| commission shall provide for the maintenance of plants that have | 1587 |
| been acquired, donated, loaned, or otherwise obtained by the state | 1588 |
| for the governor's residence and that have been approved by the | 1589 |
| commission. | 1590 |
| (B) The commission shall be responsible for the care, | 1591 |
| provision, repair, and placement of furnishings and other objects | 1592 |
| and accessories of the grounds and public areas of the first story | 1593 |
| of the governor's residence and for the care and placement of | 1594 |
| plants on the grounds. The commission shall not exercise its | 1595 |
| responsibility under this division by using prison labor. In | 1596 |
|
exercising | 1597 |
| commission shall preserve and seek to further establish all of the | 1598 |
| following: | 1599 |
| (1) The authentic ambiance and decor of the historic era | 1600 |
| during which the governor's residence was constructed; | 1601 |
| (2) The grounds as a representation of Ohio's natural | 1602 |
| ecosystems; | 1603 |
| (3) The heritage garden for all of the following purposes: | 1604 |
| (a) To preserve, sustain, and encourage the use of native | 1605 |
| flora throughout the state; | 1606 |
| (b) To replicate the state's physiographic regions, plant | 1607 |
| communities, and natural landscapes; | 1608 |
| (c) To serve as an educational garden that demonstrates the | 1609 |
| artistic, industrial, political, horticultural, and geologic | 1610 |
| history of the state through the use of plants; | 1611 |
| (d) To serve as a reservoir of rare species of plants from | 1612 |
| the physiographic regions of the state. | 1613 |
| These duties shall not affect the obligation of the | 1614 |
| department of administrative services to provide for and adopt | 1615 |
| policies and procedures regarding the use, general maintenance, | 1616 |
| and operating expenses of the governor's residence. The department | 1617 |
| shall not use prison labor in providing for the general | 1618 |
| maintenance of the governor's residence. | 1619 |
| (C) The commission shall consist of eleven members. One | 1620 |
| member shall be the director of administrative services or the | 1621 |
| director's designee, who shall serve during the director's term of | 1622 |
| office and shall serve as chairperson. One member shall be the | 1623 |
| director of the Ohio historical society or the director's | 1624 |
| designee, who shall serve during the director's term of office and | 1625 |
| shall serve as vice-chairperson. One member shall represent the | 1626 |
| Columbus landmarks foundation. One member shall represent the | 1627 |
| Bexley historical society. One member shall be the mayor of the | 1628 |
| city of Bexley, who shall serve during the mayor's term of office. | 1629 |
| One member shall be the chief executive officer of the Franklin | 1630 |
| park conservatory joint recreation district, who shall serve | 1631 |
| during the term of employment as chief executive officer. The | 1632 |
| remaining five members shall be appointed by the governor with the | 1633 |
| advice and consent of the senate. The five members appointed by | 1634 |
| the governor shall be persons with knowledge of Ohio history, | 1635 |
| architecture, decorative arts, or historic preservation, and one | 1636 |
| of those members shall have knowledge of landscape architecture, | 1637 |
| garden design, horticulture, and plants native to this state. | 1638 |
| (D) Of the initial appointees, the representative of the | 1639 |
| Columbus landmarks foundation shall serve for a term expiring | 1640 |
| December 31, 1996, and the representative of the Bexley historical | 1641 |
| society shall serve for a term expiring December 31, 1997. Of the | 1642 |
| five members appointed by the governor, three shall serve for | 1643 |
| terms ending December 31, 1998, and two shall serve for terms | 1644 |
| ending December 31, 1999. Thereafter, each term shall be for four | 1645 |
| years, commencing on the first day of January and ending on the | 1646 |
| last day of December. The member having knowledge of landscape | 1647 |
| architecture, garden design, horticulture, and plants native to | 1648 |
| this state initially shall be appointed upon the first vacancy on | 1649 |
| the commission occurring on or after June 30, 2006. | 1650 |
| Each member shall hold office from the date of the member's | 1651 |
| appointment until the end of the term for which the member was | 1652 |
| appointed. Any member appointed to fill a vacancy occurring prior | 1653 |
| to the end of the term for which the member's predecessor was | 1654 |
| appointed shall hold office for the remainder of the term. Any | 1655 |
| member shall continue in office subsequent to the expiration of | 1656 |
| the term until the member's successor takes office. | 1657 |
| (E) Six members of the commission constitute a quorum, and | 1658 |
| the affirmative vote of six members is required for approval of | 1659 |
| any action by the commission. | 1660 |
| (F) After each initial member of the commission has been | 1661 |
| appointed, the commission shall meet and select one member as | 1662 |
| secretary and another as treasurer. Organizational meetings of the | 1663 |
| commission shall be held at the time and place designated by call | 1664 |
| of the chairperson. Meetings of the commission may be held | 1665 |
| anywhere in the state and shall be in compliance with Chapters | 1666 |
| 121. and 149. of the Revised Code. The commission may adopt, | 1667 |
| pursuant to section 111.15 of the Revised Code, rules necessary to | 1668 |
| carry out the purposes of this section. | 1669 |
| (G) Members of the commission shall serve without | 1670 |
| remuneration, but shall be compensated for actual and necessary | 1671 |
| expenses incurred in the performance of their official duties. | 1672 |
| (H) All expenses incurred in carrying out this section are | 1673 |
| payable solely from money accrued under this section or | 1674 |
| appropriated for these purposes by the general assembly, and the | 1675 |
| commission shall incur no liability or obligation beyond such | 1676 |
| money. | 1677 |
| (I) Except as otherwise provided in this division, the | 1678 |
| commission may accept any payment for the use of the governor's | 1679 |
| residence or may accept any donation, gift, bequest, or devise for | 1680 |
| the governor's residence or as an endowment for the maintenance | 1681 |
| and care of the garden on the grounds of the governor's residence | 1682 |
| in furtherance of its duties. The commission shall not accept any | 1683 |
| donation, gift, bequest, or devise from a person, individual, or | 1684 |
| member of an individual's immediate family if the person or | 1685 |
| individual is receiving payments under a contract with the state | 1686 |
| or a state agency for the purchase of supplies, services, or | 1687 |
| equipment or for the construction, reconstruction, improvement, | 1688 |
| enlargement, alteration, repair, painting, or decoration of a | 1689 |
| public improvement, except for payments received under an | 1690 |
| employment contract or a collective bargaining agreement. Any | 1691 |
| revenue received by the commission shall be deposited into the | 1692 |
| governor's residence fund, which is hereby established in the | 1693 |
| state treasury, for use by the commission in accordance with the | 1694 |
| performance of its duties. All investment earnings of the fund | 1695 |
| shall be credited to the fund. Title to all property acquired by | 1696 |
| the commission shall be taken in the name of the state and shall | 1697 |
| be held for the use and benefit of the commission. | 1698 |
| (J) Nothing in this section limits the ability of a person or | 1699 |
| other entity to purchase decorations, objects of art, chandeliers, | 1700 |
| china, silver, statues, paintings, furnishings, accouterments, | 1701 |
| plants, or other aesthetic materials for placement in the | 1702 |
| governor's residence or on the grounds of the governor's residence | 1703 |
| or donation to the commission. No such object or plant, however, | 1704 |
| shall be placed on the grounds or public areas of the first story | 1705 |
| of the governor's residence without the consent of the commission. | 1706 |
| (K) The heritage garden established under this section shall | 1707 |
| be officially known as "the heritage garden at the Ohio governor's | 1708 |
| residence." | 1709 |
| (L) As used in this section, "heritage garden" means the | 1710 |
| botanical garden of native plants established at the governor's | 1711 |
| residence. | 1712 |
| Sec. 109.57. (A)(1) The superintendent of the bureau of | 1713 |
| criminal identification and investigation shall procure from | 1714 |
| wherever procurable and file for record photographs, pictures, | 1715 |
| descriptions, fingerprints, measurements, and other information | 1716 |
| that may be pertinent of all persons who have been convicted of | 1717 |
| committing within this state a felony, any crime constituting a | 1718 |
| misdemeanor on the first offense and a felony on subsequent | 1719 |
| offenses, or any misdemeanor described in division (A)(1)(a), | 1720 |
| (A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code, | 1721 |
| of all children under eighteen years of age who have been | 1722 |
| adjudicated delinquent children for committing within this state | 1723 |
| an act that would be a felony or an offense of violence if | 1724 |
| committed by an adult or who have been convicted of or pleaded | 1725 |
| guilty to committing within this state a felony or an offense of | 1726 |
| violence, and of all well-known and habitual criminals. The | 1727 |
| person in charge of any county, multicounty, municipal, | 1728 |
| municipal-county, or multicounty-municipal jail or workhouse, | 1729 |
| community-based correctional facility, halfway house, alternative | 1730 |
| residential facility, or state correctional institution and the | 1731 |
| person in charge of any state institution having custody of a | 1732 |
| person suspected of having committed a felony, any crime | 1733 |
| constituting a misdemeanor on the first offense and a felony on | 1734 |
| subsequent offenses, or any misdemeanor described in division | 1735 |
| (A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the | 1736 |
| Revised Code or having custody of a child under eighteen years of | 1737 |
| age with respect to whom there is probable cause to believe that | 1738 |
| the child may have committed an act that would be a felony or an | 1739 |
| offense of violence if committed by an adult shall furnish such | 1740 |
| material to the superintendent of the bureau. Fingerprints, | 1741 |
| photographs, or other descriptive information of a child who is | 1742 |
| under eighteen years of age, has not been arrested or otherwise | 1743 |
| taken into custody for committing an act that would be a felony | 1744 |
| or an offense of violence who is not in any other category of | 1745 |
| child specified in this division, if committed by an adult, has | 1746 |
| not been adjudicated a delinquent child for committing an act | 1747 |
| that would be a felony or an offense of violence if committed by | 1748 |
| an adult, has not been convicted of or pleaded guilty to | 1749 |
| committing a felony or an offense of violence, and is not a child | 1750 |
| with respect to whom there is probable cause to believe that the | 1751 |
| child may have committed an act that would be a felony or an | 1752 |
| offense of violence if committed by an adult shall not be | 1753 |
| procured by the superintendent or furnished by any person in | 1754 |
| charge of any county, multicounty, municipal, municipal-county, | 1755 |
| or multicounty-municipal jail or workhouse, community-based | 1756 |
| correctional facility, halfway house, alternative residential | 1757 |
| facility, or state correctional institution, except as authorized | 1758 |
| in section 2151.313 of the Revised Code. | 1759 |
| (2) Every clerk of a court of record in this state, other | 1760 |
| than the supreme court or a court of appeals, shall send to the | 1761 |
| superintendent of the bureau a weekly report containing a summary | 1762 |
| of each case involving a felony, involving any crime constituting | 1763 |
| a misdemeanor on the first offense and a felony on subsequent | 1764 |
| offenses, involving a misdemeanor described in division (A)(1)(a), | 1765 |
| (A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code, | 1766 |
| or involving an adjudication in a case in which a child under | 1767 |
| eighteen years of age was alleged to be a delinquent child for | 1768 |
| committing an act that would be a felony or an offense of | 1769 |
| violence if committed by an adult. The clerk of the court of | 1770 |
| common pleas shall include in the report and summary the clerk | 1771 |
| sends under this division all information described in divisions | 1772 |
| (A)(2)(a) to (f) of this section regarding a case before the | 1773 |
| court of appeals that is served by that clerk. The summary shall | 1774 |
| be written on the standard forms furnished by the superintendent | 1775 |
| pursuant to division (B) of this section and shall include the | 1776 |
| following information: | 1777 |
| (a) The incident tracking number contained on the standard | 1778 |
| forms furnished by the superintendent pursuant to division (B) of | 1779 |
| this section; | 1780 |
| (b) The style and number of the case; | 1781 |
| (c) The date of arrest, offense, summons, or arraignment; | 1782 |
| (d) The date that the person was convicted of or pleaded | 1783 |
| guilty to the offense, adjudicated a delinquent child for | 1784 |
| committing the act that would be a felony or an offense of | 1785 |
| violence if committed by an adult, found not guilty of the | 1786 |
| offense, or found not to be a delinquent child for committing an | 1787 |
| act that would be a felony or an offense of violence if committed | 1788 |
| by an adult, the date of an entry dismissing the charge, an entry | 1789 |
| declaring a mistrial of the offense in which the person is | 1790 |
| discharged, an entry finding that the person or child is not | 1791 |
| competent to stand trial, or an entry of a nolle prosequi, or the | 1792 |
| date of any other determination that constitutes final resolution | 1793 |
| of the case; | 1794 |
| (e) A statement of the original charge with the section of | 1795 |
| the Revised Code that was alleged to be violated; | 1796 |
| (f) If the person or child was convicted, pleaded guilty, or | 1797 |
| was adjudicated a delinquent child, the sentence or terms of | 1798 |
| probation imposed or any other disposition of the offender or the | 1799 |
| delinquent child. | 1800 |
| If the offense involved the disarming of a law enforcement | 1801 |
| officer or an attempt to disarm a law enforcement officer, the | 1802 |
| clerk shall clearly state that fact in the summary, and the | 1803 |
| superintendent shall ensure that a clear statement of that fact is | 1804 |
| placed in the bureau's records. | 1805 |
| (3) The superintendent shall cooperate with and assist | 1806 |
| sheriffs, chiefs of police, and other law enforcement officers in | 1807 |
| the establishment of a complete system of criminal identification | 1808 |
| and in obtaining fingerprints and other means of identification of | 1809 |
| all persons arrested on a charge of a felony, any crime | 1810 |
| constituting a misdemeanor on the first offense and a felony on | 1811 |
| subsequent offenses, or a misdemeanor described in division | 1812 |
| (A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the | 1813 |
| Revised Code and of all children under eighteen years of age | 1814 |
| arrested or otherwise taken into custody for committing an act | 1815 |
| that would be a felony or an offense of violence if committed by | 1816 |
| an adult. The superintendent also shall file for record the | 1817 |
| fingerprint impressions of all persons confined in a county, | 1818 |
| multicounty, municipal, municipal-county, or multicounty-municipal | 1819 |
| jail or workhouse, community-based correctional facility, halfway | 1820 |
| house, alternative residential facility, or state correctional | 1821 |
| institution for the violation of state laws and of all children | 1822 |
| under eighteen years of age who are confined in a county, | 1823 |
| multicounty, municipal, municipal-county, or multicounty-municipal | 1824 |
| jail or workhouse, community-based correctional facility, halfway | 1825 |
| house, alternative residential facility, or state correctional | 1826 |
| institution or in any facility for delinquent children for | 1827 |
| committing an act that would be a felony or an offense of violence | 1828 |
| if committed by an adult, and any other information that the | 1829 |
| superintendent may receive from law enforcement officials of the | 1830 |
| state and its political subdivisions. | 1831 |
| (4) The superintendent shall carry out Chapter 2950. of the | 1832 |
| Revised Code with respect to the registration of persons who are | 1833 |
| convicted of or plead guilty to a sexually oriented offense or a | 1834 |
| child-victim oriented offense and with respect to all other duties | 1835 |
| imposed on the bureau under that chapter. | 1836 |
| (5) The bureau shall perform centralized recordkeeping | 1837 |
| functions for criminal history records and services in this state | 1838 |
| for purposes of the national crime prevention and privacy compact | 1839 |
| set forth in section 109.571 of the Revised Code and is the | 1840 |
| criminal history record repository as defined in that section for | 1841 |
| purposes of that compact. The superintendent or the | 1842 |
| superintendent's designee is the compact officer for purposes of | 1843 |
| that compact and shall carry out the responsibilities of the | 1844 |
| compact officer specified in that compact. | 1845 |
| (B) The superintendent shall prepare and furnish to every | 1846 |
| county, multicounty, municipal, municipal-county, or | 1847 |
| multicounty-municipal jail or workhouse, community-based | 1848 |
| correctional facility, halfway house, alternative residential | 1849 |
| facility, or state correctional institution and to every clerk of | 1850 |
| a court in this state specified in division (A)(2) of this section | 1851 |
| standard forms for reporting the information required under | 1852 |
| division (A) of this section. The standard forms that the | 1853 |
| superintendent prepares pursuant to this division may be in a | 1854 |
| tangible format, in an electronic format, or in both tangible | 1855 |
| formats and electronic formats. | 1856 |
| (C)(1) The superintendent may operate a center for | 1857 |
| electronic, automated, or other data processing for the storage | 1858 |
| and retrieval of information, data, and statistics pertaining to | 1859 |
| criminals and to children under eighteen years of age who are | 1860 |
| adjudicated delinquent children for committing an act that would | 1861 |
| be a felony or an offense of violence if committed by an adult, | 1862 |
| criminal activity, crime prevention, law enforcement, and criminal | 1863 |
| justice, and may establish and operate a statewide communications | 1864 |
| network to gather and disseminate information, data, and | 1865 |
| statistics for the use of law enforcement agencies and for other | 1866 |
| uses specified in this division. The superintendent may gather, | 1867 |
| store, retrieve, and disseminate information, data, and statistics | 1868 |
| that pertain to children who are under eighteen years of age and | 1869 |
| that are gathered pursuant to sections 109.57 to 109.61 of the | 1870 |
| Revised Code together with information, data, and statistics that | 1871 |
| pertain to adults and that are gathered pursuant to those | 1872 |
| sections. | 1873 |
| (2) The superintendent or the superintendent's designee shall | 1874 |
| gather information of the nature described in division (C)(1) of | 1875 |
| this section that pertains to the offense and delinquency history | 1876 |
| of a person who has been convicted of, pleaded guilty to, or been | 1877 |
| adjudicated a delinquent child for committing a sexually oriented | 1878 |
| offense or a child-victim oriented offense for inclusion in the | 1879 |
| state registry of sex offenders and child-victim offenders | 1880 |
| maintained pursuant to division (A)(1) of section 2950.13 of the | 1881 |
| Revised Code and in the internet database operated pursuant to | 1882 |
| division (A)(13) of that section and for possible inclusion in the | 1883 |
| internet database operated pursuant to division (A)(11) of that | 1884 |
| section. | 1885 |
| (3) In addition to any other authorized use of information, | 1886 |
| data, and statistics of the nature described in division (C)(1) | 1887 |
| of this section, the superintendent or the superintendent's | 1888 |
| designee may provide and exchange the information, data, and | 1889 |
| statistics pursuant to the national crime prevention and privacy | 1890 |
| compact as described in division (A)(5) of this section. | 1891 |
| (D) The information and materials furnished to the | 1892 |
| superintendent pursuant to division (A) of this section and | 1893 |
| information and materials furnished to any board or person under | 1894 |
| division (F) or (G) of this section are not public records under | 1895 |
| section 149.43 of the Revised Code. The superintendent or the | 1896 |
| superintendent's designee shall gather and retain information so | 1897 |
| furnished under division (A) of this section that pertains to the | 1898 |
| offense and delinquency history of a person who has been convicted | 1899 |
| of, pleaded guilty to, or been adjudicated a delinquent child for | 1900 |
| committing a sexually oriented offense or a child-victim oriented | 1901 |
| offense for the purposes described in division (C)(2) of this | 1902 |
| section. | 1903 |
| (E) The attorney general shall adopt rules, in accordance | 1904 |
| with Chapter 119. of the Revised Code, setting forth the procedure | 1905 |
| by which a person may receive or release information gathered by | 1906 |
| the superintendent pursuant to division (A) of this section. A | 1907 |
| reasonable fee may be charged for this service. If a temporary | 1908 |
| employment service submits a request for a determination of | 1909 |
| whether a person the service plans to refer to an employment | 1910 |
| position has been convicted of or pleaded guilty to an offense | 1911 |
| listed in division (A)(1), (3), (4), (5), or (6) of section | 1912 |
| 109.572 of the Revised Code, the request shall be treated as a | 1913 |
| single request and only one fee shall be charged. | 1914 |
| (F)(1) As used in division (F)(2) of this section, "head | 1915 |
| start agency" means an entity in this state that has been approved | 1916 |
| to be an agency for purposes of subchapter II of the "Community | 1917 |
| Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, | 1918 |
| as amended. | 1919 |
| (2)(a) In addition to or in conjunction with any request that | 1920 |
| is required to be made under section 109.572, 2151.86, 3301.32, or | 1921 |
| 3301.541, division (C) of section 3310.58, or section 3319.39, | 1922 |
| 3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081, | 1923 |
| 5126.28, 5126.281, or 5153.111 of the Revised Code or that is | 1924 |
| made under section 3314.41, 3319.392, or 3326.25 of the Revised | 1925 |
| Code, the board of education of any school district; the | 1926 |
| director of mental retardation and developmental disabilities; | 1927 |
| any county board of mental retardation and developmental | 1928 |
| disabilities; any entity under contract with a county board of | 1929 |
| mental retardation and developmental disabilities; the chief | 1930 |
| administrator of any chartered nonpublic school; the chief | 1931 |
| administrator of a registered private provider that is not also a | 1932 |
| chartered nonpublic school; the chief administrator of any home | 1933 |
| health agency; the chief administrator of or person operating any | 1934 |
| child day-care center, type A family day-care home, or type B | 1935 |
| family day-care home licensed or certified under Chapter 5104. of | 1936 |
| the Revised Code; the administrator of any type C family day-care | 1937 |
| home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st | 1938 |
| general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st | 1939 |
| general assembly; the chief administrator of any head start | 1940 |
| agency; the executive director of a public children services | 1941 |
| agency; a private company described in section 3314.41, 3319.392, | 1942 |
| or 3326.25 of the Revised Code; or an employer described in | 1943 |
| division (J)(2) of section 3327.10 of the Revised Code may | 1944 |
| request that the superintendent of the bureau investigate and | 1945 |
| determine, with respect to any individual who has applied for | 1946 |
| employment in any position after October 2, 1989, or any | 1947 |
| individual wishing to apply for employment with a board of | 1948 |
| education may request, with regard to the individual, whether the | 1949 |
| bureau has any information gathered under division (A) of this | 1950 |
| section that pertains to that individual. On receipt of the | 1951 |
| request, the superintendent shall determine whether that | 1952 |
| information exists and, upon request of the person, board, or | 1953 |
| entity requesting information, also shall request from the | 1954 |
| federal bureau of investigation any criminal records it has | 1955 |
| pertaining to that individual. The superintendent or the | 1956 |
| superintendent's designee also may request criminal history | 1957 |
| records from other states or the federal government pursuant to | 1958 |
| the national crime prevention and privacy compact set forth in | 1959 |
| section 109.571 of the Revised Code. Within thirty days of the | 1960 |
| date that the superintendent receives a request, the | 1961 |
| superintendent shall send to the board, entity, or person a | 1962 |
| report of any information that the superintendent determines | 1963 |
| exists, including information contained in records that have been | 1964 |
| sealed under section 2953.32 of the Revised Code, and, within | 1965 |
| thirty days of its receipt, shall send the board, entity, or | 1966 |
| person a report of any information received from the federal | 1967 |
| bureau of investigation, other than information the dissemination | 1968 |
| of which is prohibited by federal law. | 1969 |
| (b) When a board of education or a registered private | 1970 |
| provider is required to receive information under this section as | 1971 |
| a prerequisite to employment of an individual pursuant to | 1972 |
| division (C) of section 3310.58 or section 3319.39 of the Revised | 1973 |
| Code, it may accept a certified copy of records that were issued | 1974 |
| by the bureau of criminal identification and investigation and | 1975 |
| that are presented by an individual applying for employment with | 1976 |
| the district in lieu of requesting that information itself. In | 1977 |
| such a case, the board or provider shall accept the certified | 1978 |
| copy issued by the bureau in order to make a photocopy of it for | 1979 |
| that individual's employment application documents and shall | 1980 |
| return the certified copy to the individual. In a case of that | 1981 |
| nature, a district or provider only shall accept a certified copy | 1982 |
| of records of that nature within one year after the date of their | 1983 |
| issuance by the bureau. | 1984 |
| (c) Notwithstanding division (F)(2)(a) of this section, in | 1985 |
| the case of a request under section 3319.39, 3319.391, or 3327.10 | 1986 |
| of the Revised Code only for criminal records maintained by the | 1987 |
| federal bureau of investigation, the superintendent shall not | 1988 |
| determine whether any information gathered under division (A) of | 1989 |
| this section exists on the person for whom the request is made. | 1990 |
| (3) The state board of education may request, with respect to | 1991 |
| any individual who has applied for employment after October 2, | 1992 |
| 1989, in any position with the state board or the department of | 1993 |
| education, any information that a school district board of | 1994 |
| education is authorized to request under division (F)(2) of this | 1995 |
| section, and the superintendent of the bureau shall proceed as if | 1996 |
| the request has been received from a school district board of | 1997 |
|
education | 1998 |
| and (c) of this section. | 1999 |
| (4) When the superintendent of the bureau receives a request | 2000 |
| for information under section 3319.291 of the Revised Code, the | 2001 |
| superintendent shall proceed as if the request has been received | 2002 |
| from a school district board of education under division (F)(2) of | 2003 |
| this section. | 2004 |
| (5) When a recipient of a classroom reading improvement | 2005 |
| grant paid under section 3301.86 of the Revised Code requests, | 2006 |
| with respect to any individual who applies to participate in | 2007 |
| providing any program or service funded in whole or in part by | 2008 |
| the grant, the information that a school district board of | 2009 |
| education is authorized to request under division (F)(2)(a) of | 2010 |
| this section, the superintendent of the bureau shall proceed as | 2011 |
| if the request has been received from a school district board of | 2012 |
| education under division (F)(2)(a) of this section. | 2013 |
| (G) In addition to or in conjunction with any request that is | 2014 |
| required to be made under section 3701.881, 3712.09, 3721.121, or | 2015 |
| 3722.151 of the Revised Code with respect to an individual who has | 2016 |
| applied for employment in a position that involves providing | 2017 |
| direct care to an older adult, the chief administrator of a home | 2018 |
| health agency, hospice care program, home licensed under Chapter | 2019 |
| 3721. of the Revised Code, adult day-care program operated | 2020 |
| pursuant to rules adopted under section 3721.04 of the Revised | 2021 |
| Code, or adult care facility may request that the superintendent | 2022 |
| of the bureau investigate and determine, with respect to any | 2023 |
| individual who has applied after January 27, 1997, for employment | 2024 |
| in a position that does not involve providing direct care to an | 2025 |
| older adult, whether the bureau has any information gathered | 2026 |
| under division (A) of this section that pertains to that | 2027 |
| individual. | 2028 |
| In addition to or in conjunction with any request that is | 2029 |
| required to be made under section 173.27 of the Revised Code with | 2030 |
| respect to an individual who has applied for employment in a | 2031 |
| position that involves providing ombudsperson services to | 2032 |
| residents of long-term care facilities or recipients of | 2033 |
| community-based long-term care services, the state long-term care | 2034 |
| ombudsperson, ombudsperson's designee, or director of health may | 2035 |
| request that the superintendent investigate and determine, with | 2036 |
| respect to any individual who has applied for employment in a | 2037 |
| position that does not involve providing such ombudsperson | 2038 |
| services, whether the bureau has any information gathered under | 2039 |
| division (A) of this section that pertains to that applicant. | 2040 |
| In addition to or in conjunction with any request that is | 2041 |
| required to be made under section 173.394 of the Revised Code with | 2042 |
| respect to an individual who has applied for employment in a | 2043 |
| position that involves providing direct care to an individual, the | 2044 |
| chief administrator of a community-based long-term care agency may | 2045 |
| request that the superintendent investigate and determine, with | 2046 |
| respect to any individual who has applied for employment in a | 2047 |
| position that does not involve providing direct care, whether the | 2048 |
| bureau has any information gathered under division (A) of this | 2049 |
| section that pertains to that applicant. | 2050 |
| On receipt of a request under this division, the | 2051 |
| superintendent shall determine whether that information exists | 2052 |
| and, on request of the individual requesting information, shall | 2053 |
| also request from the federal bureau of investigation any criminal | 2054 |
| records it has pertaining to the applicant. The superintendent or | 2055 |
| the superintendent's designee also may request criminal history | 2056 |
| records from other states or the federal government pursuant to | 2057 |
| the national crime prevention and privacy compact set forth in | 2058 |
| section 109.571 of the Revised Code. Within thirty days of the | 2059 |
| date a request is received, the superintendent shall send to the | 2060 |
| requester a report of any information determined to exist, | 2061 |
| including information contained in records that have been sealed | 2062 |
| under section 2953.32 of the Revised Code, and, within thirty days | 2063 |
| of its receipt, shall send the requester a report of any | 2064 |
| information received from the federal bureau of investigation, | 2065 |
| other than information the dissemination of which is prohibited by | 2066 |
| federal law. | 2067 |
| (H) Information obtained by a government entity or person | 2068 |
| under this section is confidential and shall not be released or | 2069 |
| disseminated. | 2070 |
| (I) The superintendent may charge a reasonable fee for | 2071 |
| providing information or criminal records under division (F)(2) or | 2072 |
| (G) of this section. | 2073 |
| (J) As used in this section | 2074 |
| (1) "Sexually oriented offense" and "child-victim oriented | 2075 |
| offense" have the same meanings as in section 2950.01 of the | 2076 |
| Revised Code. | 2077 |
| (2) "Registered private provider" means a nonpublic school | 2078 |
| or entity registered with the superintendent of public | 2079 |
| instruction under section 3310.41 of the Revised Code to | 2080 |
| participate in the autism scholarship program or section 3310.58 | 2081 |
| of the Revised Code to participate in the special education | 2082 |
| scholarship pilot program. | 2083 |
| Sec. 109.572. (A)(1) Upon receipt of a request pursuant to | 2084 |
| section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised | 2085 |
| Code, a completed form prescribed pursuant to division (C)(1) of | 2086 |
| this section, and a set of fingerprint impressions obtained in | 2087 |
| the manner described in division (C)(2) of this section, the | 2088 |
| superintendent of the bureau of criminal identification and | 2089 |
| investigation shall conduct a criminal records check in the | 2090 |
| manner described in division (B) of this section to determine | 2091 |
| whether any information exists that indicates that the person who | 2092 |
| is the subject of the request previously has been convicted of or | 2093 |
| pleaded guilty to any of the following: | 2094 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 2095 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 2096 |
| 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 2097 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 2098 |
| 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, | 2099 |
| 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, | 2100 |
| 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, | 2101 |
| 2925.06, or 3716.11 of the Revised Code, felonious sexual | 2102 |
| penetration in violation of former section 2907.12 of the Revised | 2103 |
| Code, a violation of section 2905.04 of the Revised Code as it | 2104 |
| existed prior to July 1, 1996, a violation of section 2919.23 of | 2105 |
| the Revised Code that would have been a violation of section | 2106 |
| 2905.04 of the Revised Code as it existed prior to July 1, 1996, | 2107 |
| had the violation been committed prior to that date, or a | 2108 |
| violation of section 2925.11 of the Revised Code that is not a | 2109 |
| minor drug possession offense; | 2110 |
| (b) A violation of an existing or former law of this state, | 2111 |
| any other state, or the United States that is substantially | 2112 |
| equivalent to any of the offenses listed in division (A)(1)(a) of | 2113 |
| this section. | 2114 |
| (2) On receipt of a request pursuant to section 5123.081 of | 2115 |
| the Revised Code with respect to an applicant for employment in | 2116 |
| any position with the department of mental retardation and | 2117 |
| developmental disabilities, pursuant to section 5126.28 of the | 2118 |
| Revised Code with respect to an applicant for employment in any | 2119 |
| position with a county board of mental retardation and | 2120 |
| developmental disabilities, or pursuant to section 5126.281 of the | 2121 |
| Revised Code with respect to an applicant for employment in a | 2122 |
| direct services position with an entity contracting with a county | 2123 |
| board for employment, a completed form prescribed pursuant to | 2124 |
| division (C)(1) of this section, and a set of fingerprint | 2125 |
| impressions obtained in the manner described in division (C)(2) of | 2126 |
| this section, the superintendent of the bureau of criminal | 2127 |
| identification and investigation shall conduct a criminal records | 2128 |
| check. The superintendent shall conduct the criminal records check | 2129 |
| in the manner described in division (B) of this section to | 2130 |
| determine whether any information exists that indicates that the | 2131 |
| person who is the subject of the request has been convicted of or | 2132 |
| pleaded guilty to any of the following: | 2133 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 2134 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 2135 |
| 2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, | 2136 |
| 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, | 2137 |
| 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, | 2138 |
| 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, | 2139 |
| 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, | 2140 |
| 2925.03, or 3716.11 of the Revised Code; | 2141 |
| (b) An existing or former municipal ordinance or law of this | 2142 |
| state, any other state, or the United States that is substantially | 2143 |
| equivalent to any of the offenses listed in division (A)(2)(a) of | 2144 |
| this section. | 2145 |
| (3) On receipt of a request pursuant to section 173.27, | 2146 |
| 173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a | 2147 |
| completed form prescribed pursuant to division (C)(1) of this | 2148 |
| section, and a set of fingerprint impressions obtained in the | 2149 |
| manner described in division (C)(2) of this section, the | 2150 |
| superintendent of the bureau of criminal identification and | 2151 |
| investigation shall conduct a criminal records check with respect | 2152 |
| to any person who has applied for employment in a position for | 2153 |
| which a criminal records check is required by those sections. The | 2154 |
| superintendent shall conduct the criminal records check in the | 2155 |
| manner described in division (B) of this section to determine | 2156 |
| whether any information exists that indicates that the person who | 2157 |
| is the subject of the request previously has been convicted of or | 2158 |
| pleaded guilty to any of the following: | 2159 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 2160 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 2161 |
| 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 2162 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 2163 |
| 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 2164 |
| 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 2165 |
| 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 2166 |
| 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 2167 |
| 2925.22, 2925.23, or 3716.11 of the Revised Code; | 2168 |
| (b) An existing or former law of this state, any other state, | 2169 |
| or the United States that is substantially equivalent to any of | 2170 |
| the offenses listed in division (A)(3)(a) of this section. | 2171 |
| (4) On receipt of a request pursuant to section 3701.881 of | 2172 |
| the Revised Code with respect to an applicant for employment with | 2173 |
| a home health agency as a person responsible for the care, | 2174 |
| custody, or control of a child, a completed form prescribed | 2175 |
| pursuant to division (C)(1) of this section, and a set of | 2176 |
| fingerprint impressions obtained in the manner described in | 2177 |
| division (C)(2) of this section, the superintendent of the bureau | 2178 |
| of criminal identification and investigation shall conduct a | 2179 |
| criminal records check. The superintendent shall conduct the | 2180 |
| criminal records check in the manner described in division (B) of | 2181 |
| this section to determine whether any information exists that | 2182 |
| indicates that the person who is the subject of the request | 2183 |
| previously has been convicted of or pleaded guilty to any of the | 2184 |
| following: | 2185 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 2186 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 2187 |
| 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, | 2188 |
| 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, | 2189 |
| 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, | 2190 |
| 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 2191 |
| 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 2192 |
| 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a | 2193 |
| violation of section 2925.11 of the Revised Code that is not a | 2194 |
| minor drug possession offense; | 2195 |
| (b) An existing or former law of this state, any other state, | 2196 |
| or the United States that is substantially equivalent to any of | 2197 |
| the offenses listed in division (A)(4)(a) of this section. | 2198 |
| (5) On receipt of a request pursuant to section 5111.032, | 2199 |
| 5111.033, or 5111.034 of the Revised Code, a completed form | 2200 |
| prescribed pursuant to division (C)(1) of this section, and a set | 2201 |
| of fingerprint impressions obtained in the manner described in | 2202 |
| division (C)(2) of this section, the superintendent of the bureau | 2203 |
| of criminal identification and investigation shall conduct a | 2204 |
| criminal records check. The superintendent shall conduct the | 2205 |
| criminal records check in the manner described in division (B) of | 2206 |
| this section to determine whether any information exists that | 2207 |
| indicates that the person who is the subject of the request | 2208 |
| previously has been convicted of, has pleaded guilty to, or has | 2209 |
| been found eligible for intervention in lieu of conviction for | 2210 |
| any of the following, regardless of the date of the conviction, | 2211 |
| the date of entry of the guilty plea, or the date the person was | 2212 |
| found eligible for intervention in lieu of conviction: | 2213 |
| (a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, | 2214 |
| 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, | 2215 |
| 2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, | 2216 |
| 2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, | 2217 |
| 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24, | 2218 |
| 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 2219 |
| 2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01, | 2220 |
| 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, | 2221 |
| 2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41, | 2222 |
| 2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, | 2223 |
| 2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11, | 2224 |
| 2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03, | 2225 |
| 2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02, | 2226 |
| 2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, | 2227 |
| 2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, | 2228 |
| 2925.23, 2927.12, or 3716.11 of the Revised Code, felonious | 2229 |
| sexual penetration in violation of former section 2907.12 of the | 2230 |
| Revised Code, a violation of section 2905.04 of the Revised Code | 2231 |
| as it existed prior to July 1, 1996, a violation of section | 2232 |
| 2919.23 of the Revised Code that would have been a violation of | 2233 |
| section 2905.04 of the Revised Code as it existed prior to July | 2234 |
| 1, 1996, had the violation been committed prior to that date; | 2235 |
| (b) | 2236 |
| ordinance or law of this state, any other state, or the United | 2237 |
| States that is substantially equivalent to any of the offenses | 2238 |
| listed in division (A)(5)(a) of this section. | 2239 |
| (6) On receipt of a request pursuant to section 3701.881 of | 2240 |
| the Revised Code with respect to an applicant for employment with | 2241 |
| a home health agency in a position that involves providing direct | 2242 |
| care to an older adult, a completed form prescribed pursuant to | 2243 |
| division (C)(1) of this section, and a set of fingerprint | 2244 |
| impressions obtained in the manner described in division (C)(2) of | 2245 |
| this section, the superintendent of the bureau of criminal | 2246 |
| identification and investigation shall conduct a criminal records | 2247 |
| check. The superintendent shall conduct the criminal records check | 2248 |
| in the manner described in division (B) of this section to | 2249 |
| determine whether any information exists that indicates that the | 2250 |
| person who is the subject of the request previously has been | 2251 |
| convicted of or pleaded guilty to any of the following: | 2252 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 2253 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 2254 |
| 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 2255 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 2256 |
| 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 2257 |
| 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 2258 |
| 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 2259 |
| 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 2260 |
| 2925.22, 2925.23, or 3716.11 of the Revised Code; | 2261 |
| (b) An existing or former law of this state, any other state, | 2262 |
| or the United States that is substantially equivalent to any of | 2263 |
| the offenses listed in division (A)(6)(a) of this section. | 2264 |
| (7) When conducting a criminal records check upon a request | 2265 |
| pursuant to section 3319.39 of the Revised Code for an applicant | 2266 |
| who is a teacher, in addition to the determination made under | 2267 |
| division (A)(1) of this section, the superintendent shall | 2268 |
| determine whether any information exists that indicates that the | 2269 |
| person who is the subject of the request previously has been | 2270 |
| convicted of or pleaded guilty to any offense specified in section | 2271 |
| 3319.31 of the Revised Code. | 2272 |
| (8) On receipt of a request pursuant to section 2151.86 of | 2273 |
| the Revised Code, a completed form prescribed pursuant to | 2274 |
| division (C)(1) of this section, and a set of fingerprint | 2275 |
| impressions obtained in the manner described in division (C)(2) | 2276 |
| of this section, the superintendent of the bureau of criminal | 2277 |
| identification and investigation shall conduct a criminal records | 2278 |
| check in the manner described in division (B) of this section to | 2279 |
| determine whether any information exists that indicates that the | 2280 |
| person who is the subject of the request previously has been | 2281 |
| convicted of or pleaded guilty to any of the following: | 2282 |
| (a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, | 2283 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, | 2284 |
| 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, | 2285 |
| 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, | 2286 |
| 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, | 2287 |
| 2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24, | 2288 |
| 2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02, | 2289 |
| 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, | 2290 |
| 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11 | 2291 |
| of the Revised Code, a violation of section 2905.04 of the | 2292 |
| Revised Code as it existed prior to July 1, 1996, a violation of | 2293 |
| section 2919.23 of the Revised Code that would have been a | 2294 |
| violation of section 2905.04 of the Revised Code as it existed | 2295 |
| prior to July 1, 1996, had the violation been committed prior to | 2296 |
| that date, a violation of section 2925.11 of the Revised Code | 2297 |
| that is not a minor drug possession offense, two or more OVI or | 2298 |
| OVUAC violations committed within the three years immediately | 2299 |
| preceding the submission of the application or petition that is | 2300 |
| the basis of the request, or felonious sexual penetration in | 2301 |
| violation of former section 2907.12 of the Revised Code; | 2302 |
| (b) A violation of an existing or former law of this state, | 2303 |
| any other state, or the United States that is substantially | 2304 |
| equivalent to any of the offenses listed in division (A)(8)(a) of | 2305 |
| this section. | 2306 |
| (9) Upon receipt of a request pursuant to section 5104.012 | 2307 |
| or 5104.013 of the Revised Code, a completed form prescribed | 2308 |
| pursuant to division (C)(1) of this section, and a set of | 2309 |
| fingerprint impressions obtained in the manner described in | 2310 |
| division (C)(2) of this section, the superintendent of the bureau | 2311 |
| of criminal identification and investigation shall conduct a | 2312 |
| criminal records check in the manner described in division (B) of | 2313 |
| this section to determine whether any information exists that | 2314 |
| indicates that the person who is the subject of the request has | 2315 |
| been convicted of or pleaded guilty to any of the following: | 2316 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 2317 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22, | 2318 |
| 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, | 2319 |
| 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, | 2320 |
| 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, | 2321 |
| 2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04, | 2322 |
| 2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, | 2323 |
| 2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, | 2324 |
| 2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12, | 2325 |
| 2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12, | 2326 |
| 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or | 2327 |
| 3716.11 of the Revised Code, felonious sexual penetration in | 2328 |
| violation of former section 2907.12 of the Revised Code, a | 2329 |
| violation of section 2905.04 of the Revised Code as it existed | 2330 |
| prior to July 1, 1996, a violation of section 2919.23 of the | 2331 |
| Revised Code that would have been a violation of section 2905.04 | 2332 |
| of the Revised Code as it existed prior to July 1, 1996, had the | 2333 |
| violation been committed prior to that date, a violation of | 2334 |
| section 2925.11 of the Revised Code that is not a minor drug | 2335 |
| possession offense, a violation of section 2923.02 or 2923.03 of | 2336 |
| the Revised Code that relates to a crime specified in this | 2337 |
| division, or a second violation of section 4511.19 of the | 2338 |
| Revised Code within five years of the date of application for | 2339 |
| licensure or certification. | 2340 |
| (b) A violation of an existing or former law of this state, | 2341 |
| any other state, or the United States that is substantially | 2342 |
| equivalent to any of the offenses or violations described in | 2343 |
| division (A)(9)(a) of this section. | 2344 |
| (10) Upon receipt of a request pursuant to section 5153.111 | 2345 |
| of the Revised Code, a completed form prescribed pursuant to | 2346 |
| division (C)(1) of this section, and a set of fingerprint | 2347 |
| impressions obtained in the manner described in division (C)(2) of | 2348 |
| this section, the superintendent of the bureau of criminal | 2349 |
| identification and investigation shall conduct a criminal records | 2350 |
| check in the manner described in division (B) of this section to | 2351 |
| determine whether any information exists that indicates that the | 2352 |
| person who is the subject of the request previously has been | 2353 |
| convicted of or pleaded guilty to any of the following: | 2354 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 2355 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 2356 |
| 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 2357 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 2358 |
| 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 2359 |
| 2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 2360 |
| 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 2361 |
| 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, | 2362 |
| felonious sexual penetration in violation of former section | 2363 |
| 2907.12 of the Revised Code, a violation of section 2905.04 of the | 2364 |
| Revised Code as it existed prior to July 1, 1996, a violation of | 2365 |
| section 2919.23 of the Revised Code that would have been a | 2366 |
| violation of section 2905.04 of the Revised Code as it existed | 2367 |
| prior to July 1, 1996, had the violation been committed prior to | 2368 |
| that date, or a violation of section 2925.11 of the Revised Code | 2369 |
| that is not a minor drug possession offense; | 2370 |
| (b) A violation of an existing or former law of this state, | 2371 |
| any other state, or the United States that is substantially | 2372 |
| equivalent to any of the offenses listed in division (A)(10)(a) of | 2373 |
| this section. | 2374 |
| (11) On receipt of a request for a criminal records check | 2375 |
| from an individual pursuant to section 4749.03 or 4749.06 of the | 2376 |
| Revised Code, accompanied by a completed copy of the form | 2377 |
| prescribed in division (C)(1) of this section and a set of | 2378 |
| fingerprint impressions obtained in a manner described in division | 2379 |
| (C)(2) of this section, the superintendent of the bureau of | 2380 |
| criminal identification and investigation shall conduct a criminal | 2381 |
| records check in the manner described in division (B) of this | 2382 |
| section to determine whether any information exists indicating | 2383 |
| that the person who is the subject of the request has been | 2384 |
| convicted of or pleaded guilty to a felony in this state or in any | 2385 |
| other state. If the individual indicates that a firearm will be | 2386 |
| carried in the course of business, the superintendent shall | 2387 |
| require information from the federal bureau of investigation as | 2388 |
| described in division (B)(2) of this section. The superintendent | 2389 |
| shall report the findings of the criminal records check and any | 2390 |
| information the federal bureau of investigation provides to the | 2391 |
| director of public safety. | 2392 |
| (12) On receipt of a request pursuant to section 1321.37, | 2393 |
| 1322.03, 1322.031, or 4763.05 of the Revised Code, a completed | 2394 |
| form prescribed pursuant to division (C)(1) of this section, and | 2395 |
| a set of fingerprint impressions obtained in the manner | 2396 |
| described in division (C)(2) of this section, the | 2397 |
| superintendent of the bureau of criminal identification and | 2398 |
| investigation shall conduct a criminal records check with | 2399 |
| respect to any person who has applied for a license, permit, or | 2400 |
| certification from the department of commerce or a division in | 2401 |
| the department. The superintendent shall conduct the criminal | 2402 |
| records check in the manner described in division (B) of this | 2403 |
| section to determine whether any information exists that | 2404 |
| indicates that the person who is the subject of the request | 2405 |
| previously has been convicted of or pleaded guilty to any of the | 2406 |
| following: a violation of section 2913.02, 2913.11, 2913.31, | 2407 |
| 2913.51, or 2925.03 of the Revised Code; any other criminal | 2408 |
| offense involving theft, receiving stolen property, | 2409 |
| embezzlement, forgery, fraud, passing bad checks, money | 2410 |
| laundering, or drug trafficking, or any criminal offense | 2411 |
| involving money or securities, as set forth in Chapters 2909., | 2412 |
| 2911., 2913., 2915., 2921., 2923., and 2925. of the Revised | 2413 |
| Code; or any existing or former law of this state, any other | 2414 |
| state, or the United States that is substantially equivalent to | 2415 |
| those offenses. | 2416 |
| (13) On receipt of a request for a criminal records check | 2417 |
| from the treasurer of state under section 113.041 of the Revised | 2418 |
| Code or from an individual under section 4701.08, 4715.101, | 2419 |
| 4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14, | 2420 |
| 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, | 2421 |
| 4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, | 2422 |
| 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051, | 2423 |
| 4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied | 2424 |
| by a completed form prescribed under division (C)(1) of this | 2425 |
| section and a set of fingerprint impressions obtained in the | 2426 |
| manner described in division (C)(2) of this section, the | 2427 |
| superintendent of the bureau of criminal identification and | 2428 |
| investigation shall conduct a criminal records check in the | 2429 |
| manner described in division (B) of this section to determine | 2430 |
| whether any information exists that indicates that the person who | 2431 |
| is the subject of the request has been convicted of or pleaded | 2432 |
| guilty to any criminal offense in this state or any other state. | 2433 |
| The superintendent shall send the results of a check requested | 2434 |
| under section 113.041 of the Revised Code to the treasurer of | 2435 |
| state and shall send the results of a check requested under any of | 2436 |
| the other listed sections to the licensing board specified by the | 2437 |
| individual in the request. | 2438 |
| (14) On receipt of a request pursuant to section 1121.23, | 2439 |
| 1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised | 2440 |
| Code, a completed form prescribed pursuant to division (C)(1) of | 2441 |
| this section, and a set of fingerprint impressions obtained in the | 2442 |
| manner described in division (C)(2) of this section, the | 2443 |
| superintendent of the bureau of criminal identification and | 2444 |
| investigation shall conduct a criminal records check in the manner | 2445 |
| described in division (B) of this section to determine whether any | 2446 |
| information exists that indicates that the person who is the | 2447 |
| subject of the request previously has been convicted of or pleaded | 2448 |
| guilty to any criminal offense under any existing or former law of | 2449 |
| this state, any other state, or the United States. | 2450 |
| (15) Not later than thirty days after the date the | 2451 |
| superintendent receives a request of a type described in division | 2452 |
| (A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), | 2453 |
| (12), or (14) of this section, the completed form, and the | 2454 |
| fingerprint impressions, the superintendent shall send the | 2455 |
| person, board, or entity that made the request any information, | 2456 |
| other than information the dissemination of which is prohibited | 2457 |
| by federal law, the superintendent determines exists with respect | 2458 |
| to the person who is the subject of the request that indicates | 2459 |
| that the person previously has been convicted of or pleaded | 2460 |
| guilty to any offense listed or described in division (A)(1), | 2461 |
| (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), or | 2462 |
| (14) of this section, as appropriate. The superintendent shall | 2463 |
| send the person, board, or entity that made the request a copy of | 2464 |
| the list of offenses specified in division (A)(1), (2), (3), (4), | 2465 |
| (5), (6), (7), (8), (9), (10), (11), (12), or (14) of this | 2466 |
| section, as appropriate. If the request was made under section | 2467 |
| 3701.881 of the Revised Code with regard to an applicant who may | 2468 |
| be both responsible for the care, custody, or control of a child | 2469 |
| and involved in providing direct care to an older adult, the | 2470 |
| superintendent shall provide a list of the offenses specified in | 2471 |
| divisions (A)(4) and (6) of this section. | 2472 |
| Not later than thirty days after the superintendent receives | 2473 |
| a request for a criminal records check pursuant to section 113.041 | 2474 |
| of the Revised Code, the completed form, and the fingerprint | 2475 |
| impressions, the superintendent shall send the treasurer of state | 2476 |
| any information, other than information the dissemination of which | 2477 |
| is prohibited by federal law, the superintendent determines exist | 2478 |
| with respect to the person who is the subject of the request that | 2479 |
| indicates that the person previously has been convicted of or | 2480 |
| pleaded guilty to any criminal offense in this state or any other | 2481 |
| state. | 2482 |
| (B) The superintendent shall conduct any criminal records | 2483 |
| check requested under section 113.041, 121.08, 173.27, 173.394, | 2484 |
| 1121.23, 1155.03, 1163.05, 1315.141, 1322.03, 1322.031, 1733.47, | 2485 |
| 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, | 2486 |
| 3721.121, 3722.151, 4701.08, 4715.101, 4717.061, 4725.121, | 2487 |
| 4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081, | 2488 |
| 4731.15, 4731.171, 4731.222, 4731.281, 4731.296, 4731.531, | 2489 |
| 4732.091, 4734.202, 4740.061, 4741.10, 4749.03, 4749.06, | 2490 |
| 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051, | 2491 |
| 4762.031, 4762.06, 4763.05, 4779.091, 5104.012, 5104.013, | 2492 |
| 5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or | 2493 |
| 5153.111 of the Revised Code as follows: | 2494 |
| (1) The superintendent shall review or cause to be reviewed | 2495 |
| any relevant information gathered and compiled by the bureau under | 2496 |
| division (A) of section 109.57 of the Revised Code that relates to | 2497 |
| the person who is the subject of the request, including, if the | 2498 |
| criminal records check was requested under section 113.041, | 2499 |
| 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, | 2500 |
| 1321.37, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, | 2501 |
| 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, | 2502 |
| 4749.03, 4749.06, 4763.05, 5104.012, 5104.013, 5111.032, | 2503 |
| 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of | 2504 |
| the Revised Code, any relevant information contained in records | 2505 |
| that have been sealed under section 2953.32 of the Revised Code; | 2506 |
| (2) If the request received by the superintendent asks for | 2507 |
| information from the federal bureau of investigation, the | 2508 |
| superintendent shall request from the federal bureau of | 2509 |
| investigation any information it has with respect to the person | 2510 |
| who is the subject of the request, including fingerprint-based | 2511 |
| checks of national crime information databases as described in 42 | 2512 |
| U.S.C. 671 if the request is made pursuant to section 2151.86, | 2513 |
| 5104.012, or 5104.013 of the Revised Code or if any other Revised | 2514 |
| Code section requires fingerprint-based checks of that nature, and | 2515 |
| shall review or cause to be reviewed any information the | 2516 |
| superintendent receives from that bureau. If a request under | 2517 |
| section 3319.39 of the Revised Code asks only for information from | 2518 |
| the federal bureau of investigation, the superintendent shall not | 2519 |
| conduct the review prescribed by division (B)(1) of this section. | 2520 |
| (3) The superintendent or the superintendent's designee may | 2521 |
| request criminal history records from other states or the federal | 2522 |
| government pursuant to the national crime prevention and privacy | 2523 |
| compact set forth in section 109.571 of the Revised Code. | 2524 |
| (C)(1) The superintendent shall prescribe a form to obtain | 2525 |
| the information necessary to conduct a criminal records check from | 2526 |
| any person for whom a criminal records check is requested under | 2527 |
| section 113.041 of the Revised Code or required by section | 2528 |
| 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, | 2529 |
| 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, | 2530 |
| 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4701.08, | 2531 |
| 4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101, | 2532 |
| 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, | 2533 |
| 4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 4740.061, | 2534 |
| 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, | 2535 |
| 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, | 2536 |
| 4779.091, 5104.012, 5104.013, 5111.032, 5111.033, 5111.034, | 2537 |
| 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. | 2538 |
| The form that the superintendent prescribes pursuant to this | 2539 |
| division may be in a tangible format, in an electronic format, | 2540 |
| or in both tangible and electronic formats. | 2541 |
| (2) The superintendent shall prescribe standard impression | 2542 |
| sheets to obtain the fingerprint impressions of any person for | 2543 |
| whom a criminal records check is requested under section 113.041 | 2544 |
| of the Revised Code or required by section 121.08, 173.27, | 2545 |
| 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1322.03, 1322.031, | 2546 |
| 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, | 2547 |
| 3712.09, 3721.121, 3722.151, 4701.08, 4715.101, 4717.061, | 2548 |
| 4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28, | 2549 |
| 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296, | 2550 |
| 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4749.03, | 2551 |
| 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, | 2552 |
| 4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012, | 2553 |
| 5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28, | 2554 |
| 5126.281, or 5153.111 of the Revised Code. Any person for whom | 2555 |
| a records check is requested under or required by any of those | 2556 |
| sections shall obtain the fingerprint impressions at a county | 2557 |
| sheriff's office, municipal police department, or any other | 2558 |
| entity with the ability to make fingerprint impressions on the | 2559 |
| standard impression sheets prescribed by the superintendent. The | 2560 |
| office, department, or entity may charge the person a reasonable | 2561 |
| fee for making the impressions. The standard impression sheets | 2562 |
| the superintendent prescribes pursuant to this division may be | 2563 |
| in a tangible format, in an electronic format, or in both | 2564 |
| tangible and electronic formats. | 2565 |
| (3) Subject to division (D) of this section, the | 2566 |
| superintendent shall prescribe and charge a reasonable fee for | 2567 |
| providing a criminal records check requested under section | 2568 |
| 113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, | 2569 |
| 1315.141, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, | 2570 |
| 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, | 2571 |
| 4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071, | 2572 |
| 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, | 2573 |
| 4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202, | 2574 |
| 4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, | 2575 |
| 4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, | 2576 |
| 4763.05, 4779.091, 5104.012, 5104.013, 5111.032, 5111.033, | 2577 |
| 5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of the | 2578 |
| Revised Code. The person making a criminal records request | 2579 |
| under any of those sections shall pay the fee prescribed | 2580 |
| pursuant to this division. A person making a request under | 2581 |
| section 3701.881 of the Revised Code for a criminal records | 2582 |
| check for an applicant who may be both responsible for the care, | 2583 |
| custody, or control of a child and involved in providing direct | 2584 |
| care to an older adult shall pay one fee for the request. In | 2585 |
| the case of a request under section 1121.23, 1155.03, 1163.05, | 2586 |
| 1315.141, 1733.47, 1761.26, or 5111.032 of the Revised Code, | 2587 |
| the fee shall be paid in the manner specified in that section. | 2588 |
| (4) The superintendent of the bureau of criminal | 2589 |
| identification and investigation may prescribe methods of | 2590 |
| forwarding fingerprint impressions and information necessary to | 2591 |
| conduct a criminal records check, which methods shall include, but | 2592 |
| not be limited to, an electronic method. | 2593 |
| (D) A determination whether any information exists that | 2594 |
| indicates that a person previously has been convicted of or | 2595 |
| pleaded guilty to any offense listed or described in division | 2596 |
| (A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or | 2597 |
| (b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or | 2598 |
| (b), (A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), or (A)(14) of | 2599 |
| this section, or that indicates that a person previously has | 2600 |
| been convicted of or pleaded guilty to any criminal offense in | 2601 |
| this state or any other state regarding a criminal records check | 2602 |
| of a type described in division (A)(13) of this section, and | 2603 |
| that is made by the superintendent with respect to information | 2604 |
| considered in a criminal records check in accordance with this | 2605 |
| section is valid for the person who is the subject of the | 2606 |
| criminal records check for a period of one year from the date | 2607 |
| upon which the superintendent makes the determination. During the | 2608 |
| period in which the determination in regard to a person is valid, | 2609 |
| if another request under this section is made for a criminal | 2610 |
| records check for that person, the superintendent shall provide | 2611 |
| the information that is the basis for the superintendent's | 2612 |
| initial determination at a lower fee than the fee prescribed for | 2613 |
| the initial criminal records check. | 2614 |
| (E) When the superintendent receives a request for | 2615 |
| information from a registered private provider, the | 2616 |
| superintendent shall proceed as if the request was received from | 2617 |
| a school district board of education under section 3319.39 of | 2618 |
| the Revised Code. The superintendent shall apply division (A)(7) | 2619 |
| of this section to any such request for an applicant who is a | 2620 |
| teacher. | 2621 |
| (F) As used in this section: | 2622 |
| (1) "Criminal records check" means any criminal records check | 2623 |
| conducted by the superintendent of the bureau of criminal | 2624 |
| identification and investigation in accordance with division (B) | 2625 |
| of this section. | 2626 |
| (2) "Minor drug possession offense" has the same meaning as | 2627 |
| in section 2925.01 of the Revised Code. | 2628 |
| (3) "Older adult" means a person age sixty or older. | 2629 |
| (4) "OVI or OVUAC violation" means a violation of section | 2630 |
| 4511.19 of the Revised Code or a violation of an existing or | 2631 |
| former law of this state, any other state, or the United States | 2632 |
| that is substantially equivalent to section 4511.19 of the Revised | 2633 |
| Code. | 2634 |
| (5) "Registered private provider" means a nonpublic school | 2635 |
| or entity registered with the superintendent of public instruction | 2636 |
| under section 3310.41 of the Revised Code to participate in the | 2637 |
| autism scholarship program or section 3310.58 of the Revised Code | 2638 |
| to participate in the special education scholarship pilot | 2639 |
| program. | 2640 |
| Sec. 109.73. (A) The Ohio peace officer training commission | 2641 |
| shall recommend rules to the attorney general with respect to all | 2642 |
| of the following: | 2643 |
| (1) The approval, or revocation of approval, of peace officer | 2644 |
| training schools administered by the state, counties, municipal | 2645 |
| corporations, public school districts, technical college | 2646 |
| districts, and the department of natural resources; | 2647 |
| (2) Minimum courses of study, attendance requirements, and | 2648 |
| equipment and facilities to be required at approved state, county, | 2649 |
| municipal, and department of natural resources peace officer | 2650 |
| training schools; | 2651 |
| (3) Minimum qualifications for instructors at approved state, | 2652 |
| county, municipal, and department of natural resources peace | 2653 |
| officer training schools; | 2654 |
| (4) The requirements of minimum basic training that peace | 2655 |
| officers appointed to probationary terms shall complete before | 2656 |
| being eligible for permanent appointment, which requirements shall | 2657 |
|
include | 2658 |
| the offense of domestic violence, other types of domestic | 2659 |
| violence-related offenses and incidents, and protection orders and | 2660 |
| consent agreements issued or approved under section 2919.26 or | 2661 |
|
3113.31 of the Revised Code; | 2662 |
|
intervention training; and | 2663 |
| handling of missing children and child abuse and neglect cases; | 2664 |
| and the time within which such basic training shall be completed | 2665 |
| following appointment to a probationary term; | 2666 |
| (5) The requirements of minimum basic training that peace | 2667 |
| officers not appointed for probationary terms but appointed on | 2668 |
| other than a permanent basis shall complete in order to be | 2669 |
| eligible for continued employment or permanent appointment, which | 2670 |
|
requirements shall include | 2671 |
| in the handling of the offense of domestic violence, other types | 2672 |
| of domestic violence-related offenses and incidents, and | 2673 |
| protection orders and consent agreements issued or approved under | 2674 |
|
section 2919.26 or 3113.31 of the Revised Code, | 2675 |
| 2676 | |
| training in the handling of missing children and child abuse and | 2677 |
| neglect cases, and the time within which such basic training shall | 2678 |
| be completed following appointment on other than a permanent | 2679 |
| basis; | 2680 |
| (6) Categories or classifications of advanced in-service | 2681 |
| training programs for peace officers, including programs in the | 2682 |
| handling of the offense of domestic violence, other types of | 2683 |
| domestic violence-related offenses and incidents, and protection | 2684 |
| orders and consent agreements issued or approved under section | 2685 |
| 2919.26 or 3113.31 of the Revised Code, in crisis intervention, | 2686 |
| and in the handling of missing children and child abuse and | 2687 |
| neglect cases, and minimum courses of study and attendance | 2688 |
| requirements with respect to such categories or classifications; | 2689 |
| (7) Permitting persons, who are employed as members of a | 2690 |
| campus police department appointed under section 1713.50 of the | 2691 |
| Revised Code; who are employed as police officers by a qualified | 2692 |
| nonprofit corporation police department pursuant to section | 2693 |
| 1702.80 of the Revised Code; who are appointed and commissioned as | 2694 |
| bank, savings and loan association, savings bank, credit union, or | 2695 |
| association of banks, savings and loan associations, savings | 2696 |
| banks, or credit unions police officers, as railroad police | 2697 |
| officers, or as hospital police officers pursuant to sections | 2698 |
| 4973.17 to 4973.22 of the Revised Code; or who are appointed and | 2699 |
| commissioned as amusement park police officers pursuant to section | 2700 |
| 4973.17 of the Revised Code, to attend approved peace officer | 2701 |
| training schools, including the Ohio peace officer training | 2702 |
| academy, and to receive certificates of satisfactory completion of | 2703 |
| basic training programs, if the private college or university that | 2704 |
| established the campus police department; qualified nonprofit | 2705 |
| corporation police department; bank, savings and loan association, | 2706 |
| savings bank, credit union, or association of banks, savings and | 2707 |
| loan associations, savings banks, or credit unions; railroad | 2708 |
| company; hospital; or amusement park sponsoring the police | 2709 |
| officers pays the entire cost of the training and certification | 2710 |
| and if trainee vacancies are available; | 2711 |
| (8) Permitting undercover drug agents to attend approved | 2712 |
| peace officer training schools, other than the Ohio peace officer | 2713 |
| training academy, and to receive certificates of satisfactory | 2714 |
| completion of basic training programs, if, for each undercover | 2715 |
| drug agent, the county, township, or municipal corporation that | 2716 |
| employs that undercover drug agent pays the entire cost of the | 2717 |
| training and certification; | 2718 |
| (9)(a) The requirements for basic training programs for | 2719 |
| bailiffs and deputy bailiffs of courts of record of this state and | 2720 |
| for criminal investigators employed by the state public defender | 2721 |
| that those persons shall complete before they may carry a firearm | 2722 |
| while on duty; | 2723 |
| (b) The requirements for any training received by a bailiff | 2724 |
| or deputy bailiff of a court of record of this state or by a | 2725 |
| criminal investigator employed by the state public defender prior | 2726 |
| to June 6, 1986, that is to be considered equivalent to the | 2727 |
| training described in division (A)(9)(a) of this section. | 2728 |
| (10) Establishing minimum qualifications and requirements for | 2729 |
| certification for dogs utilized by law enforcement agencies; | 2730 |
| (11) Establishing minimum requirements for certification of | 2731 |
| persons who are employed as correction officers in a full-service | 2732 |
| jail, five-day facility, or eight-hour holding facility or who | 2733 |
| provide correction services in such a jail or facility; | 2734 |
| (12) Establishing requirements for the training of agents of | 2735 |
| a county humane society under section 1717.06 of the Revised Code, | 2736 |
| including, without limitation, a requirement that the agents | 2737 |
| receive instruction on traditional animal husbandry methods and | 2738 |
| training techniques, including customary owner-performed | 2739 |
| practices. | 2740 |
| (B) The commission shall appoint an executive director, with | 2741 |
| the approval of the attorney general, who shall hold office during | 2742 |
| the pleasure of the commission. The executive director shall | 2743 |
| perform such duties assigned by the commission. The executive | 2744 |
| director shall receive a salary fixed pursuant to Chapter 124. of | 2745 |
| the Revised Code and reimbursement for expenses within the amounts | 2746 |
| available by appropriation. The executive director may appoint | 2747 |
| officers, employees, agents, and consultants as the executive | 2748 |
| director considers necessary, prescribe their duties, and provide | 2749 |
| for reimbursement of their expenses within the amounts available | 2750 |
| for reimbursement by appropriation and with the approval of the | 2751 |
| commission. | 2752 |
| (C) The commission may do all of the following: | 2753 |
| (1) Recommend studies, surveys, and reports to be made by the | 2754 |
| executive director regarding the carrying out of the objectives | 2755 |
| and purposes of sections 109.71 to 109.77 of the Revised Code; | 2756 |
| (2) Visit and inspect any peace officer training school that | 2757 |
| has been approved by the executive director or for which | 2758 |
| application for approval has been made; | 2759 |
| (3) Make recommendations, from time to time, to the executive | 2760 |
| director, the attorney general, and the general assembly regarding | 2761 |
| the carrying out of the purposes of sections 109.71 to 109.77 of | 2762 |
| the Revised Code; | 2763 |
| (4) Report to the attorney general from time to time, and to | 2764 |
| the governor and the general assembly at least annually, | 2765 |
| concerning the activities of the commission; | 2766 |
| (5) Establish fees for the services the commission offers | 2767 |
| under sections 109.71 to 109.79 of the Revised Code, including, | 2768 |
| but not limited to, fees for training, certification, and testing; | 2769 |
| (6) Perform such other acts as are necessary or appropriate | 2770 |
| to carry out the powers and duties of the commission as set forth | 2771 |
| in sections 109.71 to 109.77 of the Revised Code. | 2772 |
| (D) In establishing the requirements, under division (A)(12) | 2773 |
| of this section, the commission may consider any portions of the | 2774 |
| curriculum for instruction on the topic of animal husbandry | 2775 |
| practices, if any, of the Ohio state university college of | 2776 |
| veterinary medicine. No person or entity that fails to provide | 2777 |
| instruction on traditional animal husbandry methods and training | 2778 |
| techniques, including customary owner-performed practices, shall | 2779 |
| qualify to train a humane agent for appointment under section | 2780 |
| 1717.06 of the Revised Code. | 2781 |
| Sec. 109.731. (A) The Ohio peace officer training commission | 2782 |
| shall prescribe, and shall make available to sheriffs, all of the | 2783 |
| following: | 2784 |
| (1) An application form that is to be used under section | 2785 |
| 2923.125 of the Revised Code by a person who applies for a license | 2786 |
| to carry a concealed handgun or for the renewal of a license of | 2787 |
| that nature and that conforms substantially to the form prescribed | 2788 |
| in section 2923.1210 of the Revised Code; | 2789 |
| (2) A form for the license to carry a concealed handgun that | 2790 |
| is to be issued by sheriffs to persons who qualify for a license | 2791 |
| to carry a concealed handgun under section 2923.125 of the Revised | 2792 |
| Code and that conforms to the following requirements: | 2793 |
| (a) It has space for the licensee's full name, residence | 2794 |
| address, and date of birth and for a color photograph of the | 2795 |
| licensee. | 2796 |
| (b) It has space for the date of issuance of the license, its | 2797 |
| expiration date, its county of issuance, the name of the sheriff | 2798 |
| who issues the license, and the unique combination of letters and | 2799 |
| numbers that identify the county of issuance and the license given | 2800 |
| to the licensee by the sheriff in accordance with division (A)(4) | 2801 |
| of this section. | 2802 |
| (c) It has space for the signature of the licensee and the | 2803 |
| signature or a facsimile signature of the sheriff who issues the | 2804 |
| license. | 2805 |
| (d) It does not require the licensee to include serial | 2806 |
| numbers of handguns, other identification related to handguns, or | 2807 |
| similar data that is not pertinent or relevant to obtaining the | 2808 |
| license and that could be used as a de facto means of registration | 2809 |
| of handguns owned by the licensee. | 2810 |
| (3) A series of three-letter county codes that identify each | 2811 |
| county in this state; | 2812 |
| (4) A procedure by which a sheriff shall give each license, | 2813 |
| replacement license, or renewal license to carry a concealed | 2814 |
| handgun and each temporary emergency license or replacement | 2815 |
| temporary emergency license to carry a concealed handgun the | 2816 |
| sheriff issues under section 2923.125 or 2923.1213 of the Revised | 2817 |
| Code a unique combination of letters and numbers that identifies | 2818 |
| the county in which the license or temporary emergency license was | 2819 |
| issued and that uses the county code and a unique number for each | 2820 |
| license and each temporary emergency license the sheriff of that | 2821 |
| county issues; | 2822 |
| (5) A form for the temporary emergency license to carry a | 2823 |
| concealed handgun that is to be issued by sheriffs to persons who | 2824 |
| qualify for a temporary emergency license under section 2923.1213 | 2825 |
| of the Revised Code, which form shall conform to all the | 2826 |
| requirements set forth in divisions (A)(2)(a) to (d) of this | 2827 |
| section and shall additionally conspicuously specify that the | 2828 |
| license is a temporary emergency license and the date of its | 2829 |
| issuance. | 2830 |
| (B)(1) The Ohio peace officer training commission, in | 2831 |
| consultation with the attorney general, shall prepare a pamphlet | 2832 |
| that does all of the following, in everyday language: | 2833 |
| (a) Explains the firearms laws of this state; | 2834 |
| (b) Instructs the reader in dispute resolution and explains | 2835 |
| the laws of this state related to that matter; | 2836 |
| (c) Provides information to the reader regarding all aspects | 2837 |
| of the use of deadly force with a firearm, including, but not | 2838 |
| limited to, the steps that should be taken before contemplating | 2839 |
| the use of, or using, deadly force with a firearm, possible | 2840 |
| alternatives to using deadly force with a firearm, and the law | 2841 |
| governing the use of deadly force with a firearm. | 2842 |
| (2) The attorney general shall consult with and assist the | 2843 |
| commission in the preparation of the pamphlet described in | 2844 |
| division (B)(1) of this section and, as necessary, shall recommend | 2845 |
| to the commission changes in the pamphlet to reflect changes in | 2846 |
| the law that are relevant to it. The commission shall make copies | 2847 |
| of the pamphlet available to any person, public entity, or private | 2848 |
| entity that operates or teaches a training course, class, or | 2849 |
| program described in division (B)(3)(a), (b), (c), and (e) of | 2850 |
| section 2923.125 of the Revised Code and requests copies for | 2851 |
| distribution to persons who take the course, class, or program, | 2852 |
| and to sheriffs for distribution to applicants under section | 2853 |
| 2923.125 of the Revised Code for a license to carry a concealed | 2854 |
| handgun and applicants under that section for the renewal of a | 2855 |
| license to carry a concealed handgun. | 2856 |
| (C) | 2857 |
|
consultation with the attorney general, shall
prescribe | 2858 |
| administrative fee of not more than five dollars and not less than | 2859 |
| three dollars to be paid by an applicant under section 2923.125 of | 2860 |
| the Revised Code for a license to carry a concealed handgun or for | 2861 |
|
the renewal of a license to carry a concealed handgun | 2862 |
| | 2863 |
| 2864 | |
| 2865 | |
| 2866 | |
| 2867 |
| | 2868 |
| 2869 |
| | 2870 |
| 2871 |
| | 2872 |
| 2873 | |
| 2874 | |
| 2875 | |
| 2876 | |
| 2877 | |
| 2878 |
| | 2879 |
| 2880 |
| | 2881 |
| 2882 |
| | 2883 |
| 2884 | |
| 2885 | |
| 2886 | |
| deposit all administrative fees prescribed pursuant to this | 2887 |
| division and paid by an applicant under section 2923.125 of the | 2888 |
| Revised Code into the sheriff's concealed handgun license issuance | 2889 |
| expense fund established pursuant to section 311.42 of the Revised | 2890 |
| Code. | 2891 |
| (D) The Ohio peace officer training commission shall maintain | 2892 |
| statistics with respect to the issuance, renewal, suspension, | 2893 |
| revocation, and denial of licenses to carry a concealed handgun | 2894 |
| and the suspension of processing of applications for those | 2895 |
| licenses, and with respect to the issuance, suspension, | 2896 |
| revocation, and denial of temporary emergency licenses to carry a | 2897 |
| concealed handgun, as reported by the sheriffs pursuant to | 2898 |
| division (C) of section 2923.129 of the Revised Code. Not later | 2899 |
| than the first day of March in each year, the commission shall | 2900 |
| submit a statistical report to the governor, the president of the | 2901 |
| senate, and the speaker of the house of representatives indicating | 2902 |
| the number of licenses to carry a concealed handgun that were | 2903 |
| issued, renewed, suspended, revoked, and denied in the previous | 2904 |
| calendar year, the number of applications for those licenses for | 2905 |
| which processing was suspended in accordance with division (D)(3) | 2906 |
| of section 2923.125 of the Revised Code in the previous calendar | 2907 |
| year, and the number of temporary emergency licenses to carry a | 2908 |
| concealed handgun that were issued, suspended, revoked, or denied | 2909 |
| in the previous calendar year. Nothing in the statistics or the | 2910 |
| statistical report shall identify, or enable the identification | 2911 |
| of, any individual who was issued or denied a license, for whom a | 2912 |
| license was renewed, whose license was suspended or revoked, or | 2913 |
| for whom application processing was suspended. The statistics and | 2914 |
| the statistical report are public records for the purpose of | 2915 |
| section 149.43 of the Revised Code. | 2916 |
| (E) As used in this section, "handgun" has the same meaning | 2917 |
| as in section 2923.11 of the Revised Code. | 2918 |
| Sec. 109.742. The attorney general shall adopt, in | 2919 |
| accordance with Chapter 119. or pursuant to section 109.74 of the | 2920 |
| Revised Code, rules governing the training of peace officers in | 2921 |
|
crisis intervention. The rules shall specify
| 2922 |
| 2923 | |
| completion of basic training programs at approved peace officer | 2924 |
| training schools, other than the Ohio peace officer training | 2925 |
| academy. | 2926 |
| Sec. 109.744. The attorney general shall adopt, in | 2927 |
| accordance with Chapter 119. of the Revised Code or pursuant to | 2928 |
| section 109.74 of the Revised Code, rules governing the training | 2929 |
| of peace officers in the handling of the offense of domestic | 2930 |
| violence, other types of domestic violence-related offenses and | 2931 |
| incidents, and protection orders and consent agreements issued or | 2932 |
| approved under section 2919.26 or 3113.31 of the Revised Code. The | 2933 |
| provisions of the rules shall include, but shall not be limited | 2934 |
| to, all of the following: | 2935 |
| (A) A | 2936 |
|
amount of | 2937 |
| satisfactory completion of basic training programs at approved | 2938 |
| peace officer training schools, other than the Ohio peace officer | 2939 |
| training academy; | 2940 |
| (B) A requirement that the training include, but not be | 2941 |
| limited to, training in all of the following: | 2942 |
| (1) All recent amendments to domestic violence-related laws; | 2943 |
| (2) Notifying a victim of domestic violence of | 2944 |
| victim's rights; | 2945 |
| (3) Processing protection orders and consent agreements | 2946 |
| issued or approved under section 2919.26 or 3113.31 of the Revised | 2947 |
| Code. | 2948 |
| Sec. 109.751. (A) The executive director of the Ohio peace | 2949 |
| officer training commission shall neither approve nor issue a | 2950 |
| certificate of approval to a peace officer training school | 2951 |
| pursuant to section 109.75 of the Revised Code unless the school | 2952 |
| agrees to permit, in accordance with rules adopted by the attorney | 2953 |
| general pursuant to division (C) of this section, undercover drug | 2954 |
| agents to attend its basic training programs. The executive | 2955 |
| director shall revoke approval, and the certificate of approval | 2956 |
| of, a peace officer training school that does not permit, in | 2957 |
| accordance with rules adopted by the attorney general pursuant to | 2958 |
| division (C) of this section, undercover drug agents to attend its | 2959 |
| basic training programs. | 2960 |
| This division does not apply to peace officer training | 2961 |
| schools for employees of conservancy districts who are designated | 2962 |
| pursuant to section 6101.75 of the Revised Code or for a natural | 2963 |
| resources law enforcement staff officer, park officers, forest | 2964 |
| officers, preserve officers, wildlife officers, or state | 2965 |
| watercraft officers of the department of natural resources. | 2966 |
| (B)(1) A peace officer training school is not required to | 2967 |
| permit an undercover drug agent, a bailiff or deputy bailiff of a | 2968 |
| court of record of this state, or a criminal investigator employed | 2969 |
| by the state public defender to attend its basic training programs | 2970 |
| if either of the following applies: | 2971 |
| (a) In the case of the Ohio peace officer training academy, | 2972 |
| the employer county, township, municipal corporation, court, or | 2973 |
| state public defender or the particular undercover drug agent, | 2974 |
| bailiff, deputy bailiff, or criminal investigator has not paid the | 2975 |
| tuition costs of training in accordance with section 109.79 of the | 2976 |
| Revised Code; | 2977 |
| (b) In the case of other peace officer training schools, the | 2978 |
| 2979 | |
| or state public defender fails to pay the entire cost of the | 2980 |
| training and certification. | 2981 |
| (2) A training school shall not permit a bailiff or deputy | 2982 |
| bailiff of a court of record of this state or a criminal | 2983 |
| investigator employed by the state public defender to attend its | 2984 |
| basic training programs unless the employing court of the bailiff | 2985 |
| or deputy bailiff or the state public defender, whichever is | 2986 |
| applicable, has authorized the bailiff, deputy bailiff, or | 2987 |
| investigator to attend the school. | 2988 |
| (C) The attorney general shall adopt, in accordance with | 2989 |
| Chapter 119. or pursuant to section 109.74 of the Revised Code, | 2990 |
| rules governing the attendance of undercover drug agents at | 2991 |
| approved peace officer training schools, other than the Ohio peace | 2992 |
| officer training academy, and the certification of the agents upon | 2993 |
| their satisfactory completion of basic training programs. | 2994 |
| Sec. 109.761. (A)(1) Each agency or entity that appoints or | 2995 |
| employs one or more peace officers shall report to the Ohio peace | 2996 |
| officer training commission all of the following that occur on or | 2997 |
| after February 20, 2002: | 2998 |
| (a) The appointment or employment of any person to serve the | 2999 |
| agency or entity as a peace officer in any full-time, part-time, | 3000 |
| reserve, auxiliary, or other capacity; | 3001 |
| (b) The termination, resignation, felony conviction, | 3002 |
| death, or guilty plea as specified in division (F) of section | 3003 |
| 109.77 of the Revised Code of any person who has been appointed to | 3004 |
| or employed by the agency or entity as a peace officer in any | 3005 |
| full-time, part-time, reserve, auxiliary, or other capacity and is | 3006 |
| serving the agency or entity in any of those peace officer | 3007 |
| capacities. | 3008 |
| (2) An agency or entity shall make each report required by | 3009 |
| this division not later than ten days after the occurrence of the | 3010 |
| event being reported. The agency or entity shall make the report | 3011 |
| in the manner and format prescribed by the executive director of | 3012 |
| the Ohio peace officer training commission. | 3013 |
| (B) Each agency or entity that appoints or employs one or | 3014 |
| more peace officers or state highway patrol troopers shall | 3015 |
| annually provide to the Ohio peace officer training commission a | 3016 |
| roster of all persons who have been appointed to or employed by | 3017 |
| the agency or entity as peace officers or troopers in any | 3018 |
| full-time, part-time, reserve, auxiliary, or other capacity and | 3019 |
| are serving, or during the year covered by the report have served, | 3020 |
| the agency or entity in any of those peace officer or trooper | 3021 |
| capacities. The agency or entity shall provide the roster in the | 3022 |
| manner and format, and by the date, prescribed by the executive | 3023 |
| director of the Ohio peace officer training commission. | 3024 |
| (C) The Ohio peace officer training commission shall | 3025 |
| prescribe the manner and format of making reports under division | 3026 |
| (A) of this section and providing annual rosters under division | 3027 |
| (B) of this section and shall prescribe the date by which the | 3028 |
| annual rosters must be provided. | 3029 |
| Sec. 109.77. (A) As used in this section, "felony" has the | 3030 |
| same meaning as in section 109.511 of the Revised Code. | 3031 |
| (B)(1) Notwithstanding any general, special, or local law or | 3032 |
| charter to the contrary, and except as otherwise provided in this | 3033 |
| section, no person shall receive an original appointment on a | 3034 |
| permanent basis as any of the following unless the person | 3035 |
| previously has been awarded a certificate by the executive | 3036 |
| director of the Ohio peace officer training commission attesting | 3037 |
| to the person's satisfactory completion of an approved state, | 3038 |
| county, municipal, or department of natural resources peace | 3039 |
| officer basic training program: | 3040 |
| (a) A peace officer of any county, township, municipal | 3041 |
| corporation, regional transit authority, or metropolitan housing | 3042 |
| authority; | 3043 |
| (b) A natural resources law enforcement staff officer, park | 3044 |
| officer, forest officer, preserve officer, wildlife officer, or | 3045 |
| state watercraft officer of the department of natural resources; | 3046 |
| (c) An employee of a park district under section 511.232 or | 3047 |
| 1545.13 of the Revised Code; | 3048 |
| (d) An employee of a conservancy district who is designated | 3049 |
| pursuant to section 6101.75 of the Revised Code; | 3050 |
| (e) A state university law enforcement officer; | 3051 |
| (f) A special police officer employed by the department of | 3052 |
| mental health pursuant to section 5119.14 of the Revised Code or | 3053 |
| the department of mental retardation and developmental | 3054 |
| disabilities pursuant to section 5123.13 of the Revised Code; | 3055 |
| (g) An enforcement agent of the department of public safety | 3056 |
| whom the director of public safety designates under section | 3057 |
| 5502.14 of the Revised Code; | 3058 |
| (h) A special police officer employed by a port authority | 3059 |
| under section 4582.04 or 4582.28 of the Revised Code; | 3060 |
| (i) A special police officer employed by a municipal | 3061 |
| corporation at a municipal airport, or other municipal air | 3062 |
| navigation facility, that has scheduled operations, as defined in | 3063 |
| section 119.3 of Title 14 of the Code of Federal Regulations, 14 | 3064 |
| C.F.R. 119.3, as amended, and that is required to be under a | 3065 |
| security program and is governed by aviation security rules of the | 3066 |
| transportation security administration of the United States | 3067 |
| department of transportation as provided in Parts 1542. and 1544. | 3068 |
| of Title 49 of the Code of Federal Regulations, as amended. | 3069 |
| (2) Every person who is appointed on a temporary basis or for | 3070 |
| a probationary term or on other than a permanent basis as any of | 3071 |
| the following shall forfeit the appointed position unless the | 3072 |
| person previously has completed satisfactorily or, within the time | 3073 |
| prescribed by rules adopted by the attorney general pursuant to | 3074 |
| section 109.74 of the Revised Code, satisfactorily completes a | 3075 |
| state, county, municipal, or department of natural resources peace | 3076 |
| officer basic training program for temporary or probationary | 3077 |
| officers and is awarded a certificate by the director attesting to | 3078 |
| the satisfactory completion of the program: | 3079 |
| (a) A peace officer of any county, township, municipal | 3080 |
| corporation, regional transit authority, or metropolitan housing | 3081 |
| authority; | 3082 |
| (b) A natural resources law enforcement staff officer, park | 3083 |
| officer, forest officer, preserve officer, wildlife officer, or | 3084 |
| state watercraft officer of the department of natural resources; | 3085 |
| (c) An employee of a park district under section 511.232 or | 3086 |
| 1545.13 of the Revised Code; | 3087 |
| (d) An employee of a conservancy district who is designated | 3088 |
| pursuant to section 6101.75 of the Revised Code; | 3089 |
| (e) A special police officer employed by the department of | 3090 |
| mental health pursuant to section 5119.14 of the Revised Code or | 3091 |
| the department of mental retardation and developmental | 3092 |
| disabilities pursuant to section 5123.13 of the Revised Code; | 3093 |
| (f) An enforcement agent of the department of public safety | 3094 |
| whom the director of public safety designates under section | 3095 |
| 5502.14 of the Revised Code; | 3096 |
| (g) A special police officer employed by a port authority | 3097 |
| under section 4582.04 or 4582.28 of the Revised Code; | 3098 |
| (h) A special police officer employed by a municipal | 3099 |
| corporation at a municipal airport, or other municipal air | 3100 |
| navigation facility, that has scheduled operations, as defined in | 3101 |
| section 119.3 of Title 14 of the Code of Federal Regulations, 14 | 3102 |
| C.F.R. 119.3, as amended, and that is required to be under a | 3103 |
| security program and is governed by aviation security rules of the | 3104 |
| transportation security administration of the United States | 3105 |
| department of transportation as provided in Parts 1542. and 1544. | 3106 |
| of Title 49 of the Code of Federal Regulations, as amended. | 3107 |
| (3) For purposes of division (B) of this section, a state, | 3108 |
| county, municipal, or department of natural resources peace | 3109 |
| officer basic training program, regardless of whether the program | 3110 |
| is to be completed by peace officers appointed on a permanent or | 3111 |
| temporary, probationary, or other nonpermanent basis, shall | 3112 |
|
include | 3113 |
| offense of domestic violence, other types of domestic | 3114 |
| violence-related offenses and incidents, and protection orders and | 3115 |
| consent agreements issued or approved under section 2919.26 or | 3116 |
|
3113.31 of the Revised Code and | 3117 |
|
intervention training. The requirement to complete | 3118 |
| 3119 | |
| other types of domestic violence-related offenses and incidents, | 3120 |
| and protection orders and consent agreements issued or approved | 3121 |
| under section 2919.26 or 3113.31 of the Revised Code does not | 3122 |
| apply to any person serving as a peace officer on March 27, 1979, | 3123 |
|
and the requirement to complete | 3124 |
| intervention does not apply to any person serving as a peace | 3125 |
| officer on April 4, 1985. Any person who is serving as a peace | 3126 |
| officer on April 4, 1985, who terminates that employment after | 3127 |
| that date, and who subsequently is hired as a peace officer by the | 3128 |
|
same or another law enforcement agency shall complete | 3129 |
| 3130 | |
| prescribed by rules adopted by the attorney general pursuant to | 3131 |
| section 109.742 of the Revised Code. No peace officer shall have | 3132 |
| employment as a peace officer terminated and then be reinstated | 3133 |
| with intent to circumvent this section. | 3134 |
| (4) Division (B) of this section does not apply to any person | 3135 |
| serving on a permanent basis on March 28, 1985, as a park officer, | 3136 |
| forest officer, preserve officer, wildlife officer, or state | 3137 |
| watercraft officer of the department of natural resources or as an | 3138 |
| employee of a park district under section 511.232 or 1545.13 of | 3139 |
| the Revised Code, to any person serving on a permanent basis on | 3140 |
| March 6, 1986, as an employee of a conservancy district designated | 3141 |
| pursuant to section 6101.75 of the Revised Code, to any person | 3142 |
| serving on a permanent basis on January 10, 1991, as a preserve | 3143 |
| officer of the department of natural resources, to any person | 3144 |
| employed on a permanent basis on July 2, 1992, as a special police | 3145 |
| officer by the department of mental health pursuant to section | 3146 |
| 5119.14 of the Revised Code or by the department of mental | 3147 |
| retardation and developmental disabilities pursuant to section | 3148 |
| 5123.13 of the Revised Code, to any person serving on a permanent | 3149 |
| basis on May 17, 2000, as a special police officer employed by a | 3150 |
| port authority under section 4582.04 or 4582.28 of the Revised | 3151 |
|
Code,
to any person serving on a
permanent basis on | 3152 |
| 3153 | |
| employed by a municipal corporation at a municipal airport or | 3154 |
| other municipal air navigation facility described in division | 3155 |
| (A)(19) of section 109.71 of the Revised Code, to any person | 3156 |
| serving on a permanent basis on June 19, 1978, as a state | 3157 |
| university law enforcement officer pursuant to section 3345.04 of | 3158 |
| the Revised Code and who, immediately prior to June 19, 1978, was | 3159 |
| serving as a special police officer designated under authority of | 3160 |
| that section, or to any person serving on a permanent basis on | 3161 |
| September 20, 1984, as a liquor control investigator, known after | 3162 |
| June 30, 1999, as an enforcement agent of the department of public | 3163 |
| safety, engaged in the enforcement of Chapters 4301. and 4303. of | 3164 |
| the Revised Code. | 3165 |
| (5) Division (B) of this section does not apply to any person | 3166 |
| who is appointed as a regional transit authority police officer | 3167 |
| pursuant to division (Y) of section 306.35 of the Revised Code if, | 3168 |
| on or before July 1, 1996, the person has completed satisfactorily | 3169 |
| an approved state, county, municipal, or department of natural | 3170 |
| resources peace officer basic training program and has been | 3171 |
| awarded a certificate by the executive director of the Ohio peace | 3172 |
| officer training commission attesting to the person's satisfactory | 3173 |
| completion of such an approved program and if, on July 1, 1996, | 3174 |
| the person is performing peace officer functions for a regional | 3175 |
| transit authority. | 3176 |
| (C) No person, after September 20, 1984, shall receive an | 3177 |
| original appointment on a permanent basis as a veterans' home | 3178 |
| police officer designated under section 5907.02 of the Revised | 3179 |
| Code unless the person previously has been awarded a certificate | 3180 |
| by the executive director of the Ohio peace officer training | 3181 |
| commission attesting to the person's satisfactory completion of an | 3182 |
| approved police officer basic training program. Every person who | 3183 |
| is appointed on a temporary basis or for a probationary term or on | 3184 |
| other than a permanent basis as a veterans' home police officer | 3185 |
| designated under section 5907.02 of the Revised Code shall forfeit | 3186 |
| that position unless the person previously has completed | 3187 |
| satisfactorily or, within one year from the time of appointment, | 3188 |
| satisfactorily completes an approved police officer basic training | 3189 |
| program. | 3190 |
| (D) No bailiff or deputy bailiff of a court of record of this | 3191 |
| state and no criminal investigator who is employed by the state | 3192 |
| public defender shall carry a firearm, as defined in section | 3193 |
| 2923.11 of the Revised Code, while on duty unless the bailiff, | 3194 |
| deputy bailiff, or criminal investigator has done or received one | 3195 |
| of the following: | 3196 |
| (1) Has been awarded a certificate by the executive director | 3197 |
| of the Ohio peace officer training commission, which certificate | 3198 |
| attests to satisfactory completion of an approved state, county, | 3199 |
| or municipal basic training program for bailiffs and deputy | 3200 |
| bailiffs of courts of record and for criminal investigators | 3201 |
| employed by the state public defender that has been recommended by | 3202 |
| the Ohio peace officer training commission; | 3203 |
| (2) Has successfully completed a firearms training program | 3204 |
| approved by the Ohio peace officer training commission prior to | 3205 |
| employment as a bailiff, deputy bailiff, or criminal investigator; | 3206 |
| (3) Prior to June 6, 1986, was authorized to carry a firearm | 3207 |
| by the court that employed the bailiff or deputy bailiff or, in | 3208 |
| the case of a criminal investigator, by the state public defender | 3209 |
| and has received training in the use of firearms that the Ohio | 3210 |
| peace officer training commission determines is equivalent to the | 3211 |
| training that otherwise is required by division (D) of this | 3212 |
| section. | 3213 |
| (E)(1) Before a person seeking a certificate completes an | 3214 |
| approved peace officer basic training program, the executive | 3215 |
| director of the Ohio peace officer training commission shall | 3216 |
| request the person to disclose, and the person shall disclose, any | 3217 |
| previous criminal conviction of or plea of guilty of that person | 3218 |
| to a felony. | 3219 |
| (2) Before a person seeking a certificate completes an | 3220 |
| approved peace officer basic training program, the executive | 3221 |
| director shall request a criminal history records check on the | 3222 |
| person. The executive director shall submit the person's | 3223 |
| fingerprints to the bureau of criminal identification and | 3224 |
| investigation, which shall submit the fingerprints to the federal | 3225 |
| bureau of investigation for a national criminal history records | 3226 |
| check. | 3227 |
| Upon receipt of the executive director's request, the bureau | 3228 |
| of criminal identification and investigation and the federal | 3229 |
| bureau of investigation shall conduct a criminal history records | 3230 |
| check on the person and, upon completion of the check, shall | 3231 |
| provide a copy of the criminal history records check to the | 3232 |
| executive director. The executive director shall not award any | 3233 |
| certificate prescribed in this section unless the executive | 3234 |
| director has received a copy of the criminal history records check | 3235 |
| on the person to whom the certificate is to be awarded. | 3236 |
| (3) The executive director of the commission shall not award | 3237 |
| a certificate prescribed in this section to a person who has been | 3238 |
| convicted of or has pleaded guilty to a felony or who fails to | 3239 |
| disclose any previous criminal conviction of or plea of guilty to | 3240 |
| a felony as required under division (E)(1) of this section. | 3241 |
| (4) The executive director of the commission shall revoke the | 3242 |
| certificate awarded to a person as prescribed in this section, and | 3243 |
| that person shall forfeit all of the benefits derived from being | 3244 |
| certified as a peace officer under this section, if the person, | 3245 |
| before completion of an approved peace officer basic training | 3246 |
| program, failed to disclose any previous criminal conviction of or | 3247 |
| plea of guilty to a felony as required under division (E)(1) of | 3248 |
| this section. | 3249 |
| (F)(1) Regardless of whether the person has been awarded the | 3250 |
| certificate or has been classified as a peace officer prior to, | 3251 |
| on, or after October 16, 1996, the executive director of the Ohio | 3252 |
| peace officer training commission shall revoke any certificate | 3253 |
| that has been awarded to a person as prescribed in this section if | 3254 |
| the person does either of the following: | 3255 |
| (a) Pleads guilty to a felony committed on or after January | 3256 |
| 1, 1997; | 3257 |
| (b) Pleads guilty to a misdemeanor committed on or after | 3258 |
| January 1, 1997, pursuant to a negotiated plea agreement as | 3259 |
| provided in division (D) of section 2929.43 of the Revised Code in | 3260 |
| which the person agrees to surrender the certificate awarded to | 3261 |
| the person under this section. | 3262 |
| (2) The executive director of the commission shall suspend | 3263 |
| any certificate that has been awarded to a person as prescribed in | 3264 |
| this section if the person is convicted, after trial, of a felony | 3265 |
| committed on or after January 1, 1997. The executive director | 3266 |
| shall suspend the certificate pursuant to division (F)(2) of this | 3267 |
| section pending the outcome of an appeal by the person from that | 3268 |
| conviction to the highest court to which the appeal is taken or | 3269 |
| until the expiration of the period in which an appeal is required | 3270 |
| to be filed. If the person files an appeal that results in that | 3271 |
| person's acquittal of the felony or conviction of a misdemeanor, | 3272 |
| or in the dismissal of the felony charge against that person, the | 3273 |
| executive director shall reinstate the certificate awarded to the | 3274 |
| person under this section. If the person files an appeal from that | 3275 |
| person's conviction of the felony and the conviction is upheld by | 3276 |
| the highest court to which the appeal is taken or if the person | 3277 |
| does not file a timely appeal, the executive director shall revoke | 3278 |
| the certificate awarded to the person under this section. | 3279 |
| (G)(1) If a person is awarded a certificate under this | 3280 |
| section and the certificate is revoked pursuant to division (E)(4) | 3281 |
| or (F) of this section, the person shall not be eligible to | 3282 |
| receive, at any time, a certificate attesting to the person's | 3283 |
| satisfactory completion of a peace officer basic training program. | 3284 |
| (2) The revocation or suspension of a certificate under | 3285 |
| division (E)(4) or (F) of this section shall be in accordance with | 3286 |
| Chapter 119. of the Revised Code. | 3287 |
| (H)(1) A person who was employed as a peace officer of a | 3288 |
| county, township, or municipal corporation of the state on January | 3289 |
| 1, 1966, and who has completed at least sixteen years of full-time | 3290 |
| active service as such a peace officer, or equivalent service as | 3291 |
| determined by the executive director of the Ohio peace officer | 3292 |
| training commission, may receive an original appointment on a | 3293 |
| permanent basis and serve as a peace officer of a county, | 3294 |
| township, or municipal corporation, or as a state university law | 3295 |
| enforcement officer, without complying with the requirements of | 3296 |
| division (B) of this section. | 3297 |
| (2) Any person who held an appointment as a state highway | 3298 |
| trooper on January 1, 1966, may receive an original appointment on | 3299 |
| a permanent basis and serve as a peace officer of a county, | 3300 |
| township, or municipal corporation, or as a state university law | 3301 |
| enforcement officer, without complying with the requirements of | 3302 |
| division (B) of this section. | 3303 |
| (I) No person who is appointed as a peace officer of a | 3304 |
| county, township, or municipal corporation on or after April 9, | 3305 |
| 1985, shall serve as a peace officer of that county, township, or | 3306 |
| municipal corporation unless the person has received training in | 3307 |
| the handling of missing children and child abuse and neglect cases | 3308 |
| from an approved state, county, township, or municipal police | 3309 |
| officer basic training program or receives the training within the | 3310 |
| time prescribed by rules adopted by the attorney general pursuant | 3311 |
| to section 109.741 of the Revised Code. | 3312 |
| (J) No part of any approved state, county, or municipal basic | 3313 |
| training program for bailiffs and deputy bailiffs of courts of | 3314 |
| record and no part of any approved state, county, or municipal | 3315 |
| basic training program for criminal investigators employed by the | 3316 |
| state public defender shall be used as credit toward the | 3317 |
| completion by a peace officer of any part of the approved state, | 3318 |
| county, or municipal peace officer basic training program that the | 3319 |
| peace officer is required by this section to complete | 3320 |
| satisfactorily. | 3321 |
| (K) This section does not apply to any member of the police | 3322 |
| department of a municipal corporation in an adjoining state | 3323 |
| serving in this state under a contract pursuant to section 737.04 | 3324 |
| of the Revised Code. | 3325 |
| Sec. 109.802. (A) There is hereby created in the state | 3326 |
|
treasury the law enforcement assistance fund. The | 3327 |
|
general shall | 3328 |
| continuing professional training programs for peace officers and | 3329 |
| troopers as provided in this section and section 109.803 of the | 3330 |
|
Revised Code,
| 3331 |
| general required to administer those sections, and any other | 3332 |
| administrative costs incurred by the attorney general to | 3333 |
| administer those sections. | 3334 |
| (B) The attorney general shall adopt rules in accordance with | 3335 |
| Chapter 119. of the Revised Code establishing application | 3336 |
| procedures, standards, and guidelines, and prescribing an | 3337 |
| application form, for the reimbursement of public appointing | 3338 |
| authorities for the cost of continuing professional training | 3339 |
| programs for their peace officers and troopers. The rules shall | 3340 |
| include, but are not limited to, all of the following: | 3341 |
| (1) A requirement that applications for reimbursement be | 3342 |
| submitted on a calendar-year basis; | 3343 |
| (2) The documentation required to substantiate any costs for | 3344 |
| which the applicant seeks reimbursement; | 3345 |
| (3) Procedures for submitting applications for reimbursement | 3346 |
| for the cost of continuing professional training programs | 3347 |
| completed by a peace officer or trooper for whom the executive | 3348 |
| director of the Ohio peace officer training commission granted | 3349 |
| pursuant to division (A)(2) of section 109.803 of the Revised Code | 3350 |
| an extension of the time for compliance with the continuing | 3351 |
| professional training requirement specified in division (A) of | 3352 |
| that section and who complied with the requirement prior to the | 3353 |
| date on which the extension ends; | 3354 |
| (4) Any other requirements necessary for the proper | 3355 |
| administration of the reimbursement program. | 3356 |
| (C) The Ohio peace officer training commission shall | 3357 |
| administer a program for reimbursing public appointing authorities | 3358 |
| for the costs of continuing professional training programs that | 3359 |
| are successfully completed by the appointing authority's peace | 3360 |
| officers or troopers. The commission shall administer the | 3361 |
| reimbursement program in accordance with rules adopted by the | 3362 |
| attorney general pursuant to division (B) of this section. | 3363 |
| (D) Each public appointing authority may apply each calendar | 3364 |
| year to the peace officer training commission for reimbursement | 3365 |
| for the costs of continuing professional training programs that | 3366 |
| are successfully completed by the appointing authority's peace | 3367 |
| officers or troopers. Each application shall be made in accordance | 3368 |
| with, on an application form prescribed in, and be supported by | 3369 |
| the documentation required by, the rules adopted by the attorney | 3370 |
| general pursuant to division (B) of this section. | 3371 |
| (E)(1) The Ohio peace officer training commission, in | 3372 |
| accordance with rules of the attorney general adopted under | 3373 |
| division (B) of this section, shall review each application for | 3374 |
| reimbursement made under division (D) of this section to determine | 3375 |
| if the applicant is entitled to reimbursement for the training | 3376 |
| programs for which the applicant seeks reimbursement. Except as | 3377 |
| provided in division (E)(2) of this section, a public appointing | 3378 |
| authority that complies with division (B) of section 109.761 of | 3379 |
| the Revised Code and applies under division (D) of this section | 3380 |
|
for reimbursement is entitled to reimbursement | 3381 |
| each of the appointing authority's peace officers or troopers | 3382 |
| 3383 | |
| training requirement specified in division (A)(1) of section | 3384 |
| 109.803 of the Revised Code by completing the minimum number of | 3385 |
| hours of training directed by the Ohio peace officer training | 3386 |
| commission under that division and with the other requirements | 3387 |
| described in that division. | 3388 |
| (2) | 3389 |
| 3390 | |
| 3391 | |
| 3392 | |
| 3393 | |
| 3394 | |
| 3395 | |
| 3396 | |
| 3397 | |
| 3398 | |
| 3399 | |
| 3400 | |
| 3401 |
| | 3402 |
| 3403 | |
| 3404 | |
| 3405 | |
| 3406 | |
| 3407 | |
| 3408 | |
| 3409 | |
| 3410 | |
| 3411 |
| | 3412 |
| authority for whom the executive director of the commission | 3413 |
| granted an extension pursuant to division (A)(2) of section | 3414 |
| 109.803 of the Revised Code complies prior to the date on which | 3415 |
| the extension ends with the continuing professional training | 3416 |
| requirement, and if the peace officer or trooper also has complied | 3417 |
| with the other requirements described in division (A)(1) of | 3418 |
| section 109.803 of the Revised Code, the public appointing | 3419 |
| authority is entitled to reimbursement for the training programs | 3420 |
| completed by that peace officer or trooper. An application for | 3421 |
| reimbursement of the type described in this division shall be made | 3422 |
| in accordance with rules adopted by the attorney general pursuant | 3423 |
| to division (B) of section 109.802 of the Revised Code. | 3424 |
| (3) If a public appointing authority that applies under | 3425 |
| division (D) of this section for reimbursement is entitled to | 3426 |
| reimbursement under division (E)(1) or (2) of this section for | 3427 |
| each peace officer and trooper who successfully completes a | 3428 |
| training program, the commission shall approve reimbursing the | 3429 |
| appointing authority for the cost of that program. The actual | 3430 |
| amount of reimbursement for each authorized training program shall | 3431 |
| be determined by rules adopted by the attorney general under | 3432 |
| division (B) of this section. | 3433 |
| If the public appointing authority is entitled to | 3434 |
|
reimbursement under division (E)(2) | 3435 |
| the reimbursement shall not be withheld during the period of the | 3436 |
| extension granted to the other peace officers or troopers of the | 3437 |
| authority pursuant to division (A)(2) of section 109.803 of the | 3438 |
| Revised Code, pending their compliance with the requirement. If | 3439 |
| the public appointing authority is entitled to reimbursement under | 3440 |
|
division (E)(2) | 3441 |
| officers or troopers who were granted an extension pursuant to | 3442 |
| division (A)(2) of section 109.803 of the Revised Code fails to | 3443 |
| complete prior to the date on which the extension ends the | 3444 |
| required minimum number of hours of continuing professional | 3445 |
| training set by the commission under division (A)(1) of section | 3446 |
| 109.803 of the Revised Code, the failure does not affect the | 3447 |
| reimbursement made to the public appointing authority, and the | 3448 |
| public appointing authority is not required to return the | 3449 |
| reimbursement or any portion of it. | 3450 |
| (F) Each public appointing authority that receives funds | 3451 |
| under this section shall keep those funds separate from any other | 3452 |
| funds of the appointing authority and shall use those funds only | 3453 |
| for paying the cost of continuing professional training programs. | 3454 |
| (G) As used in this section and section 109.803 of the | 3455 |
| Revised Code: | 3456 |
| (1) "Peace officer" has the same meaning as in section 109.71 | 3457 |
| of the Revised Code. | 3458 |
| (2) "Trooper" means an individual appointed as a state | 3459 |
| highway patrol trooper under section 5503.01 of the Revised Code. | 3460 |
| (3) "Appointing authority" means any agency or entity that | 3461 |
| appoints a peace officer or trooper. | 3462 |
| Sec. 109.803. (A)(1) Subject to division (A)(2) of this | 3463 |
| section, every appointing authority shall require each of its | 3464 |
| appointed peace officers and troopers to complete up to | 3465 |
| twenty-four hours of continuing professional training each | 3466 |
| calendar year, as directed by the Ohio peace officer training | 3467 |
| commission. The number of hours directed by the commission, up to | 3468 |
| twenty-four hours, is intended to be a minimum requirement, and | 3469 |
| appointing authorities are encouraged to exceed the number of | 3470 |
| hours the commission directs as the minimum. The commission shall | 3471 |
| set the required minimum number of hours based upon available | 3472 |
| funding for reimbursement as described in this division. If no | 3473 |
| funding for the reimbursement is available, no continuing | 3474 |
| professional training will be required. | 3475 |
| (2) An appointing authority may submit a written request to | 3476 |
| the peace officer training commission that requests for a calendar | 3477 |
| year because of emergency circumstances an extension of the time | 3478 |
| within which one or more of its appointed peace officers or | 3479 |
| troopers must complete the required minimum number of hours of | 3480 |
| continuing professional training set by the commission, as | 3481 |
| described in division (A)(1) of this section. A request made under | 3482 |
| this division shall set forth the name of each of the appointing | 3483 |
| authority's peace officers or troopers for whom an extension is | 3484 |
| requested, identify the emergency circumstances related to that | 3485 |
| peace officer or trooper, include documentation of those emergency | 3486 |
| circumstances, and set forth the date on which the request is | 3487 |
| submitted to the commission. A request shall be made under this | 3488 |
| division not later than the fifteenth day of December in the | 3489 |
| calendar year for which the extension is requested. | 3490 |
| Upon receipt of a written request made under this division, | 3491 |
| the executive director of the commission shall review the request | 3492 |
| and the submitted documentation. If the executive director of the | 3493 |
| commission is satisfied that emergency circumstances exist for any | 3494 |
| peace officer or trooper for whom a request was made under this | 3495 |
| division, the executive director may approve the request for that | 3496 |
| peace officer or trooper and grant an extension of the time within | 3497 |
| which that peace officer or trooper must complete the required | 3498 |
| minimum number of hours of continuing professional training set by | 3499 |
| the commission. An extension granted under this division may be | 3500 |
| for any period of time the executive director believes to be | 3501 |
| appropriate, and the executive director shall specify in the | 3502 |
| notice granting the extension the date on which the extension | 3503 |
| ends. Not later than thirty days after the date on which a request | 3504 |
| is submitted to the commission, for each peace officer and trooper | 3505 |
| for whom an extension is requested, the executive director either | 3506 |
| shall approve the request and grant an extension or deny the | 3507 |
| request and deny an extension and shall send to the appointing | 3508 |
| authority that submitted the request written notice of the | 3509 |
| executive director's decision. | 3510 |
| If the executive director grants an extension of the time | 3511 |
| within which a particular appointed peace officer or trooper of an | 3512 |
| appointing authority must complete the required minimum number of | 3513 |
| hours of continuing professional training set by the commission, | 3514 |
| the appointing authority shall require that peace officer or | 3515 |
| trooper to complete the required minimum number of hours of | 3516 |
| training not later than the date on which the extension ends. | 3517 |
| | 3518 |
| 3519 | |
| 3520 | |
| 3521 | |
| 3522 | |
| 3523 | |
| 3524 | |
| 3525 | |
| 3526 | |
| 3527 | |
| 3528 | |
| 3529 | |
| 3530 |
| | 3531 |
| 3532 | |
| 3533 | |
| 3534 | |
| 3535 | |
| 3536 | |
| 3537 | |
| 3538 | |
| 3539 | |
| 3540 | |
| 3541 | |
| 3542 | |
| 3543 | |
| 3544 |
| | 3545 |
| 3546 | |
| 3547 | |
| 3548 | |
| 3549 | |
| 3550 | |
| 3551 | |
| 3552 | |
| 3553 | |
| 3554 | |
| 3555 | |
| 3556 | |
| 3557 |
| | 3558 |
| 3559 | |
| 3560 | |
| 3561 | |
| 3562 | |
| 3563 | |
| 3564 | |
| 3565 | |
| 3566 | |
| 3567 | |
| 3568 | |
| 3569 |
| | 3570 |
| 3571 | |
| 3572 | |
| 3573 | |
| 3574 | |
| 3575 | |
| 3576 | |
| 3577 | |
| 3578 | |
| 3579 | |
| 3580 | |
| 3581 | |
| 3582 | |
| 3583 | |
| 3584 | |
| 3585 | |
| 3586 |
| | 3587 |
| commission, the attorney general shall adopt in accordance with | 3588 |
| Chapter 119. of the Revised Code rules setting forth minimum | 3589 |
| standards for continuing professional training for peace officers | 3590 |
| and troopers and governing the administration of continuing | 3591 |
| professional training programs for peace officers and troopers. | 3592 |
| The attorney general shall transmit a certified copy of any rule | 3593 |
| adopted under this section to the secretary of state. | 3594 |
| Sec. 111.15. (A) As used in this section: | 3595 |
| (1) "Rule" includes any rule, regulation, bylaw, or standard | 3596 |
| having a general and uniform operation adopted by an agency under | 3597 |
| the authority of the laws governing the agency; any appendix to a | 3598 |
| rule; and any internal management rule. "Rule" does not include | 3599 |
| any guideline adopted pursuant to section 3301.0714 of the Revised | 3600 |
| Code, any order respecting the duties of employees, any finding, | 3601 |
| any determination of a question of law or fact in a matter | 3602 |
| presented to an agency, or any rule promulgated pursuant to | 3603 |
| Chapter 119., section 4141.14, division (C)(1) or (2) of section | 3604 |
| 5117.02, or section 5703.14 of the Revised Code. "Rule" includes | 3605 |
| any amendment or rescission of a rule. | 3606 |
| (2) "Agency" means any governmental entity of the state and | 3607 |
| includes, but is not limited to, any board, department, division, | 3608 |
| commission, bureau, society, council, institution, state college | 3609 |
| or university, community college district, technical college | 3610 |
| district, or state community college. "Agency" does not include | 3611 |
| the general assembly, the controlling board, the adjutant | 3612 |
| general's department, or any court. | 3613 |
| (3) "Internal management rule" means any rule, regulation, | 3614 |
| bylaw, or standard governing the day-to-day staff procedures and | 3615 |
| operations within an agency. | 3616 |
| (4) "Substantive revision" has the same meaning as in | 3617 |
| division (J) of section 119.01 of the Revised Code. | 3618 |
| (B)(1) Any rule, other than a rule of an emergency nature, | 3619 |
| adopted by any agency pursuant to this section shall be effective | 3620 |
| on the tenth day after the day on which the rule in final form and | 3621 |
| in compliance with division (B)(3) of this section is filed as | 3622 |
| follows: | 3623 |
| (a) The rule shall be filed in electronic form with both the | 3624 |
| secretary of state and the director of the legislative service | 3625 |
| commission; | 3626 |
| (b) The rule shall be filed in electronic form with the joint | 3627 |
| committee on agency rule review. Division (B)(1)(b) of this | 3628 |
| section does not apply to any rule to which division (D) of this | 3629 |
| section does not apply. | 3630 |
| An agency that adopts or amends a rule that is subject to | 3631 |
| division (D) of this section shall assign a review date to the | 3632 |
| rule that is not later than five years after its effective date. | 3633 |
| If no review date is assigned to a rule, or if a review date | 3634 |
| assigned to a rule exceeds the five-year maximum, the review date | 3635 |
| for the rule is five years after its effective date. A rule with a | 3636 |
| review date is subject to review under section 119.032 of the | 3637 |
| Revised Code. This paragraph does not apply to a rule of a state | 3638 |
| college or university, community college district, technical | 3639 |
| college district, or state community college. | 3640 |
| If all filings are not completed on the same day, the rule | 3641 |
| shall be effective on the tenth day after the day on which the | 3642 |
| latest filing is completed. If an agency in adopting a rule | 3643 |
| designates an effective date that is later than the effective date | 3644 |
| provided for by division (B)(1) of this section, the rule if filed | 3645 |
| as required by such division shall become effective on the later | 3646 |
| date designated by the agency. | 3647 |
| Any rule that is required to be filed under division (B)(1) | 3648 |
| of this section is also subject to division (D) of this section if | 3649 |
| not exempted by division (D)(1), (2), (3), (4), (5), (6), (7), or | 3650 |
| (8) of this section. | 3651 |
| If a rule incorporates a text or other material by reference, | 3652 |
| the agency shall comply with sections 121.71 to 121.76 of the | 3653 |
| Revised Code. | 3654 |
| (2) A rule of an emergency nature necessary for the immediate | 3655 |
| preservation of the public peace, health, or safety shall state | 3656 |
| the reasons for the necessity. The emergency rule, in final form | 3657 |
| and in compliance with division (B)(3) of this section, shall be | 3658 |
| filed in electronic form with the secretary of state, the director | 3659 |
| of the legislative service commission, and the joint committee on | 3660 |
| agency rule review. The emergency rule is effective immediately | 3661 |
| upon completion of the latest filing, except that if the agency in | 3662 |
| adopting the emergency rule designates an effective date, or date | 3663 |
| and time of day, that is later than the effective date and time | 3664 |
| provided for by division (B)(2) of this section, the emergency | 3665 |
| rule if filed as required by such division shall become effective | 3666 |
| at the later date, or later date and time of day, designated by | 3667 |
| the agency. | 3668 |
| An emergency rule becomes invalid at the end of the ninetieth | 3669 |
| day it is in effect. Prior to that date, the agency may file the | 3670 |
| emergency rule as a nonemergency rule in compliance with division | 3671 |
| (B)(1) of this section. The agency may not refile the emergency | 3672 |
| rule in compliance with division (B)(2) of this section so that, | 3673 |
| upon the emergency rule becoming invalid under such division, the | 3674 |
| emergency rule will continue in effect without interruption for | 3675 |
| another ninety-day period. | 3676 |
| (3) An agency shall file a rule under division (B)(1) or (2) | 3677 |
| of this section in compliance with the following standards and | 3678 |
| procedures: | 3679 |
| (a) The rule shall be numbered in accordance with the | 3680 |
| numbering system devised by the director for the Ohio | 3681 |
| administrative code. | 3682 |
| (b) The rule shall be prepared and submitted in compliance | 3683 |
| with the rules of the legislative service commission. | 3684 |
| (c) The rule shall clearly state the date on which it is to | 3685 |
| be effective and the date on which it will expire, if known. | 3686 |
| (d) Each rule that amends or rescinds another rule shall | 3687 |
| clearly refer to the rule that is amended or rescinded. Each | 3688 |
| amendment shall fully restate the rule as amended. | 3689 |
| If the director of the legislative service commission or the | 3690 |
| director's designee gives an agency notice pursuant to section | 3691 |
| 103.05 of the Revised Code that a rule filed by the agency is not | 3692 |
| in compliance with the rules of the legislative service | 3693 |
| commission, the agency shall within thirty days after receipt of | 3694 |
| the notice conform the rule to the rules of the commission as | 3695 |
| directed in the notice. | 3696 |
| (C) All rules filed pursuant to divisions (B)(1)(a) and (2) | 3697 |
| of this section shall be recorded by the secretary of state and | 3698 |
| the director under the title of the agency adopting the rule and | 3699 |
| shall be numbered according to the numbering system devised by the | 3700 |
| director. The secretary of state and the director shall preserve | 3701 |
| the rules in an accessible manner. Each such rule shall be a | 3702 |
| public record open to public inspection and may be transmitted to | 3703 |
| any law publishing company that wishes to reproduce it. | 3704 |
| (D) At least sixty-five days before a board, commission, | 3705 |
| department, division, or bureau of the government of the state | 3706 |
| files a rule under division (B)(1) of this section, it shall file | 3707 |
| the full text of the proposed rule in electronic form with the | 3708 |
| joint committee on agency rule review, and the proposed rule is | 3709 |
| subject to legislative review and invalidation under division (I) | 3710 |
| of section 119.03 of the Revised Code. If a state board, | 3711 |
| commission, department, division, or bureau makes a substantive | 3712 |
| revision in a proposed rule after it is filed with the joint | 3713 |
| committee, the state board, commission, department, division, or | 3714 |
| bureau shall promptly file the full text of the proposed rule in | 3715 |
| its revised form in electronic form with the joint committee. The | 3716 |
| latest version of a proposed rule as filed with the joint | 3717 |
| committee supersedes each earlier version of the text of the same | 3718 |
| proposed rule. Except as provided in division (F) of this section, | 3719 |
| a state board, commission, department, division, or bureau shall | 3720 |
| also file the rule summary and fiscal analysis prepared under | 3721 |
|
section | 3722 |
| electronic form along with a proposed rule, and along with a | 3723 |
| proposed rule in revised form, that is filed under this division. | 3724 |
| The joint committee shall promptly file a notice in | 3725 |
| electronic form with the Ohio small business ombudsperson of the | 3726 |
| filing under this division of a proposed rule, or of a proposed | 3727 |
| rule in revised form, that previously was filed with the | 3728 |
| ombudsperson under section 121.254 of the Revised Code. | 3729 |
| As used in this division, "commission" includes the public | 3730 |
| utilities commission when adopting rules under a federal or state | 3731 |
| statute. | 3732 |
| This division does not apply to any of the following: | 3733 |
| (1) A proposed rule of an emergency nature; | 3734 |
| (2) A rule proposed under section 1121.05, 1121.06, 1155.18, | 3735 |
| 1163.22, 1349.33, 1707.201, 1733.412, 4123.29, 4123.34, 4123.341, | 3736 |
| 4123.342, 4123.40, 4123.411, 4123.44, or 4123.442 of the Revised | 3737 |
| Code; | 3738 |
| (3) A rule proposed by an agency other than a board, | 3739 |
| commission, department, division, or bureau of the government of | 3740 |
| the state; | 3741 |
| (4) A proposed internal management rule of a board, | 3742 |
| commission, department, division, or bureau of the government of | 3743 |
| the state; | 3744 |
| (5) Any proposed rule that must be adopted verbatim by an | 3745 |
| agency pursuant to federal law or rule, to become effective within | 3746 |
| sixty days of adoption, in order to continue the operation of a | 3747 |
| federally reimbursed program in this state, so long as the | 3748 |
| proposed rule contains both of the following: | 3749 |
| (a) A statement that it is proposed for the purpose of | 3750 |
| complying with a federal law or rule; | 3751 |
| (b) A citation to the federal law or rule that requires | 3752 |
| verbatim compliance. | 3753 |
| (6) An initial rule proposed by the director of health to | 3754 |
| impose safety standards and quality-of-care standards with respect | 3755 |
| to a health service specified in section 3702.11 of the Revised | 3756 |
| Code, or an initial rule proposed by the director to impose | 3757 |
| quality standards on a facility listed in division (A)(4) of | 3758 |
| section 3702.30 of the Revised Code, if section 3702.12 of the | 3759 |
| Revised Code requires that the rule be adopted under this section; | 3760 |
| (7) A rule of the state lottery commission pertaining to | 3761 |
| instant game rules. | 3762 |
| If a rule is exempt from legislative review under division | 3763 |
| (D)(5) of this section, and if the federal law or rule pursuant to | 3764 |
| which the rule was adopted expires, is repealed or rescinded, or | 3765 |
| otherwise terminates, the rule is thereafter subject to | 3766 |
| legislative review under division (D) of this section. | 3767 |
| (E) Whenever a state board, commission, department, division, | 3768 |
| or bureau files a proposed rule or a proposed rule in revised form | 3769 |
| under division (D) of this section, it shall also file the full | 3770 |
| text of the same proposed rule or proposed rule in revised form in | 3771 |
| electronic form with the secretary of state and the director of | 3772 |
| the legislative service commission. Except as provided in division | 3773 |
| (F) of this section, a state board, commission, department, | 3774 |
| division, or bureau shall file the rule summary and fiscal | 3775 |
|
analysis prepared
under section | 3776 |
|
Code | 3777 |
| proposed rule in revised form that is filed with the secretary of | 3778 |
| state or the director of the legislative service commission. | 3779 |
| (F) Except as otherwise provided in this division, the | 3780 |
| auditor of state or the auditor of state's designee is not | 3781 |
| required to file a rule summary and fiscal analysis along with a | 3782 |
| proposed rule, or proposed rule in revised form, that the auditor | 3783 |
| of state proposes under section 117.12, 117.19, 117.38, or 117.43 | 3784 |
| of the Revised Code and files under division (D) or (E) of this | 3785 |
|
section. | 3786 |
| 3787 | |
| 3788 | |
| 3789 | |
| 3790 | |
| 3791 | |
| 3792 |
| Sec. 111.26. (A) It is hereby declared to be a public | 3793 |
| purpose and function of the state to facilitate the conduct of | 3794 |
| elections by assisting boards of elections in acquiring state | 3795 |
| capital facilities consisting of voting machines, marking devices, | 3796 |
| and automatic tabulating equipment certified for use in this | 3797 |
| state under section 3506.05 of the Revised Code. Those voting | 3798 |
| machines, marking devices, and automatic tabulating equipment are | 3799 |
| designated as capital facilities under sections 152.09 to 152.33 | 3800 |
| of the Revised Code. The Ohio building authority is authorized to | 3801 |
| issue revenue obligations under sections 152.09 to 152.33 of the | 3802 |
| Revised Code to pay all or part of the cost of those state | 3803 |
| capital facilities as are designated by law. | 3804 |
| Boards of elections, due to their responsibilities related to | 3805 |
| the proper conduct of elections under state law, are designated as | 3806 |
| state agencies having jurisdiction over those state capital | 3807 |
| facilities financed in part pursuant to this section and Chapter | 3808 |
| 152. of the Revised Code. It is hereby determined and declared | 3809 |
| that voting machines, marking devices, and automatic tabulating | 3810 |
| equipment financed in part under this section are for the purpose | 3811 |
| of housing agencies of state government, their functions and | 3812 |
| equipment. | 3813 |
| (B) A county shall contribute to the cost of capital | 3814 |
| facilities authorized under this section as provided below. | 3815 |
| (C) Any lease of capital facilities authorized by this | 3816 |
| section, the rentals of which are payable in whole or in part from | 3817 |
| appropriations made by the general assembly, is governed by | 3818 |
| division (D) of section 152.24 of the Revised Code. Such rentals | 3819 |
| constitute available receipts as defined in section 152.09 of the | 3820 |
| Revised Code and may be pledged for the payment of bond service | 3821 |
| charges as provided in section 152.10 of the Revised Code. | 3822 |
| (D) The county voting machine revolving lease/loan fund is | 3823 |
| hereby created in the state treasury. The fund shall consist of | 3824 |
| the net proceeds of obligations issued under sections 152.09 to | 3825 |
| 152.33 of the Revised Code to finance a portion of those state | 3826 |
| capital facilities described in division (A) of this section, as | 3827 |
| needed to ensure sufficient moneys to support appropriations from | 3828 |
| the fund. Lease payments from counties made for those capital | 3829 |
| facilities financed in part from the fund and interest earnings | 3830 |
| on the balance in the fund shall be credited to the fund. The | 3831 |
| fund shall also receive any other authorized transfers of cash. | 3832 |
| Moneys in the fund shall be used for the purpose of acquiring a | 3833 |
| portion of additional capital facilities described in division | 3834 |
| (A) of this section at the request of the applicable board of | 3835 |
| elections. | 3836 |
| Participation in the fund by a board of county commissioners | 3837 |
| shall be voluntary. | 3838 |
| The secretary of state shall administer the county voting | 3839 |
| machine revolving lease/loan fund in accordance with this section | 3840 |
| and shall enter into any lease or other agreement with the | 3841 |
| department of administrative services, the Ohio building | 3842 |
| authority, or any board of elections necessary or appropriate to | 3843 |
| accomplish the purposes of this section. | 3844 |
| (E) Acquisitions made under this section shall provide not | 3845 |
| more than fifty per cent of the estimated total cost of a board of | 3846 |
| county commissioners' purchase of voting machines, marking | 3847 |
| devices, and automatic tabulating equipment. | 3848 |
| The secretary of state shall adopt rules for the | 3849 |
| implementation of the acquisition and revolving lease/loan program | 3850 |
| established under this section, which rules shall require that | 3851 |
| the secretary of state approve any acquisition of voting | 3852 |
| machines, marking devices, and automatic tabulating equipment | 3853 |
| using money made available under this section. An acquisition for | 3854 |
| any one board of county commissioners shall not exceed five | 3855 |
| million dollars and shall be made only for equipment purchased on | 3856 |
| or after March 31, 2008.Any costs incurred on or after January | 3857 |
| 1, 2008, may be considered as the county cost percentage for the | 3858 |
| purpose of an acquisition made under this section. | 3859 |
| Counties shall lease from the secretary of state the capital | 3860 |
| facilities financed in part from the county voting machine | 3861 |
| revolving lease/loan fund and may enter into any agreements | 3862 |
| required under the applicable bond proceedings. All voting | 3863 |
| machines, marking devices, and automatic tabulating equipment | 3864 |
| purchased through this fund shall remain the property of the | 3865 |
| state until all payments under the applicable county lease have | 3866 |
| been made at which time ownership shall transfer to the county. | 3867 |
| Costs associated with the maintenance, repair, and operation of | 3868 |
| the voting machines, marking devices, and automatic tabulating | 3869 |
| equipment purchased under this section shall be the | 3870 |
| responsibility of the participating boards of elections and | 3871 |
| boards of county commissioners. | 3872 |
| Such lease may obligate the counties, as using state agencies | 3873 |
| under Chapter 152. of the Revised Code, to operate the capital | 3874 |
| facilities for such period of time as may be specified by law and | 3875 |
| to pay such rent as the secretary of state determines to be | 3876 |
| appropriate. Notwithstanding any other provision of the Revised | 3877 |
| Code to the contrary, any county may enter into such a lease, and | 3878 |
| any such lease is legally sufficient to obligate the county for | 3879 |
| the term stated in the lease. Any such lease constitutes an | 3880 |
| agreement described in division (E) of section 152.24 of the | 3881 |
| Revised Code. | 3882 |
| (F) As used in this section: | 3883 |
| (1) "Automatic tabulating equipment," "marking device," and | 3884 |
| "voting machine" have the same meanings as in section 3506.01 of | 3885 |
| the Revised Code. | 3886 |
| (2) "Equipment" has the same meaning as in section 3506.05 | 3887 |
| of the Revised Code. | 3888 |
| Sec. 111.27. There is hereby established in the state | 3889 |
| treasury the board of elections reimbursement and education fund. | 3890 |
| The fund shall be used by the secretary of state to reimburse | 3891 |
| boards of elections for various purposes, including reimbursements | 3892 |
| made under sections 3513.301, 3513.312, 3515.071, and 3521.03 of | 3893 |
| the Revised Code, and to provide training and educational programs | 3894 |
| for members and employees of boards of elections. The fund shall | 3895 |
| receive transfers of cash pursuant to controlling board action and | 3896 |
| also shall receive revenues from fees, gifts, grants, donations, | 3897 |
| and other similar receipts. | 3898 |
| Sec. 117.13. (A) The costs of audits of state agencies shall | 3899 |
| be recovered by the auditor of state in the following manner: | 3900 |
| (1) The costs of all audits of state agencies shall be paid | 3901 |
| to the auditor of state on statements rendered by the auditor of | 3902 |
| state. Money so received by the auditor of state shall be paid | 3903 |
| into the state treasury to the credit of the public audit expense | 3904 |
| fund--intrastate, which is hereby created, and shall be used to | 3905 |
| pay costs related to such audits. The costs of all annual and | 3906 |
| special audits of a state agency shall be charged to the state | 3907 |
| agency being audited. The costs of all biennial audits of a state | 3908 |
| agency shall be paid from money appropriated to the department of | 3909 |
| administrative services for that purpose. The costs of any | 3910 |
| assistant auditor, employee, or expert employed pursuant to | 3911 |
| section 117.09 of the Revised Code called upon to testify in any | 3912 |
| legal proceedings in regard to any audit, or called upon to review | 3913 |
| or discuss any matter related to any audit, may be charged to the | 3914 |
| state agency to which the audit relates. | 3915 |
| (2) The auditor of state shall establish by rule rates to be | 3916 |
| charged to state agencies or to the department of administrative | 3917 |
| services for recovering the costs of audits of state agencies. | 3918 |
| (B) As used in this division, "government auditing standards" | 3919 |
| means the government auditing standards published by the | 3920 |
| comptroller general of the United States general accounting | 3921 |
| office. | 3922 |
| (1) Except as provided in divisions (B)(2) and (3) of this | 3923 |
| section, any costs of an audit of a private institution, | 3924 |
| association, board, or corporation receiving public money for its | 3925 |
| use shall be charged to the public office providing the public | 3926 |
| money in the same manner as costs of an audit of the public | 3927 |
| office. | 3928 |
| (2) If an audit of a private child placing agency or private | 3929 |
| noncustodial agency receiving public money from a public children | 3930 |
| services agency for providing child welfare or child protection | 3931 |
| services sets forth that money has been illegally expended, | 3932 |
| converted, misappropriated, or is unaccounted for, the costs of | 3933 |
| the audit shall be charged to the agency being audited in the same | 3934 |
| manner as costs of an audit of a public office, unless the | 3935 |
| findings are inconsequential, as defined by government auditing | 3936 |
| standards. | 3937 |
| (3) If such an audit does not set forth that money has been | 3938 |
| illegally expended, converted, misappropriated, or is unaccounted | 3939 |
| for or sets forth findings that are inconsequential, as defined by | 3940 |
| government auditing standards, the costs of the audit shall be | 3941 |
| charged as follows: | 3942 |
| (a) One-third of the costs to the agency being audited; | 3943 |
| (b) One-third of the costs to the public children services | 3944 |
| agency that provided the public money to the agency being audited; | 3945 |
| (c) One-third of the costs to the department of job and | 3946 |
| family services. | 3947 |
| (C) The costs of audits of local public offices shall be | 3948 |
| recovered by the auditor of state in the following manner: | 3949 |
| (1) The total amount of compensation paid assistant auditors | 3950 |
| of state, their expenses, the cost of employees assigned to assist | 3951 |
| the assistant auditors of state, the cost of experts employed | 3952 |
| pursuant to section 117.09 of the Revised Code, and the cost of | 3953 |
| typing, reviewing, and copying reports shall be borne by the | 3954 |
| public office to which such assistant auditors of state are so | 3955 |
| assigned, except that annual vacation and sick leave of assistant | 3956 |
| auditors of state, employees, and typists shall be financed from | 3957 |
| the general revenue fund. The necessary traveling and hotel | 3958 |
| expenses of the deputy inspectors and supervisors of public | 3959 |
| offices shall be paid from the state treasury. Assistant auditors | 3960 |
| of state shall be compensated by the taxing district or other | 3961 |
| public office audited for activities undertaken pursuant to | 3962 |
| division (B) of section 117.18 and section 117.24 of the Revised | 3963 |
| Code. The costs of any assistant auditor, employee, or expert | 3964 |
| employed pursuant to section 117.09 of the Revised Code called | 3965 |
| upon to testify in any legal proceedings in regard to any audit, | 3966 |
| or called upon to review or discuss any matter related to any | 3967 |
| audit, may be charged to the public office to which the audit | 3968 |
| relates. | 3969 |
| (2) The auditor of state shall certify the amount of such | 3970 |
| compensation, expenses, cost of experts, reviewing, copying, and | 3971 |
| typing to the fiscal officer of the local public office audited. | 3972 |
| The fiscal officer of the local public office shall forthwith draw | 3973 |
| a warrant upon the general fund or other appropriate funds of the | 3974 |
| local public office to the order of the auditor of state; | 3975 |
| provided, that the auditor of state is authorized to negotiate | 3976 |
| with any local public office and, upon agreement between the | 3977 |
| auditor of state and the local public office, may adopt a schedule | 3978 |
| for payment of the amount due under this section. Money so | 3979 |
| received by the auditor of state shall be paid into the state | 3980 |
| treasury to the credit of the public audit expense fund--local | 3981 |
| government, which is hereby created, and shall be used to pay the | 3982 |
| compensation, expense, cost of experts and employees, reviewing, | 3983 |
| copying, and typing of reports. | 3984 |
| (3) At the conclusion of each audit, or analysis and report | 3985 |
| made pursuant to section 117.24 of the Revised Code, the auditor | 3986 |
| of state shall furnish the fiscal officer of the local public | 3987 |
| office audited a statement showing the total cost of the audit, or | 3988 |
| of the audit and the analysis and report, and the percentage of | 3989 |
| the total cost chargeable to each fund audited. The fiscal officer | 3990 |
| may distribute such total cost to each fund audited in accordance | 3991 |
| with its percentage of the total cost. | 3992 |
| (4) The auditor of state shall provide each local public | 3993 |
| office a statement or certification of the amount due from the | 3994 |
| public office for services performed by the auditor of state under | 3995 |
| this or any other section of the Revised Code, as well as the date | 3996 |
| upon which payment is due to the auditor of state. Any local | 3997 |
| public office that does not pay the amount due to the auditor of | 3998 |
| state by that date may be assessed by the auditor of state for | 3999 |
| interest from the date upon which the payment is due at the rate | 4000 |
| per annum prescribed by section 5703.47 of the Revised Code. All | 4001 |
| interest charges assessed by the auditor of state may be collected | 4002 |
| in the same manner as audit costs pursuant to division (D) of this | 4003 |
| section. | 4004 |
| (D) If the auditor of state fails to receive payment for any | 4005 |
| amount due, including, but not limited to, fines, fees, and costs, | 4006 |
| from a public office for services performed under this or any | 4007 |
| other section of the Revised Code, the auditor of state may seek | 4008 |
| payment through the office of budget and management. (Amounts due | 4009 |
| include any amount due to an independent public accountant with | 4010 |
| whom the auditor has contracted to perform services, all costs and | 4011 |
| fees associated with participation in the uniform accounting | 4012 |
| network, and all costs associated with the auditor's provision of | 4013 |
| local government services.) Upon certification by the auditor of | 4014 |
| state to the director of budget and management of any such amount | 4015 |
| due, the director shall withhold from the public office any amount | 4016 |
| available, up to and including the amount certified as due, from | 4017 |
| any funds under the director's control that belong to or are | 4018 |
| lawfully payable or due to the public office. The director shall | 4019 |
| promptly pay the amount withheld to the auditor of state. If the | 4020 |
| director determines that no funds due and payable to the public | 4021 |
| office are available or that insufficient amounts of such funds | 4022 |
| are available to cover the amount due, the director shall withhold | 4023 |
| and pay to the auditor of state the amounts available and, in the | 4024 |
| case of a local public office, certify the remaining amount to the | 4025 |
| county auditor of the county in which the local public office is | 4026 |
| located. The county auditor shall withhold from the local public | 4027 |
| office any amount available, up to and including the amount | 4028 |
| certified as due, from any funds under the county auditor's | 4029 |
| control and belonging to or lawfully payable or due to the local | 4030 |
| public office. The county auditor shall promptly pay any such | 4031 |
| amount withheld to the auditor of state. | 4032 |
| (E)(1) The auditor of state shall certify to the director of | 4033 |
| budget and management the amounts due or necessary for state | 4034 |
| agency audit costs and the director shall transfer the certified | 4035 |
| amounts from the general revenue fund to the public audit expense | 4036 |
| fund - intrastate if either of the following apply: | 4037 |
| (a) A state agency that has ceased operation has not paid | 4038 |
| audit costs pursuant to this section. | 4039 |
| (b) In the judgment of the auditor of state, the money | 4040 |
| appropriated for the cost of biennial audits of state agencies is | 4041 |
| not sufficient to conduct an appropriate audit program. | 4042 |
| (2) If a local public office ceases operation and has not | 4043 |
| paid audit costs pursuant to this section, one of the following | 4044 |
| shall occur: | 4045 |
| (a) In the case of costs due for an audit performed by the | 4046 |
| auditor or state, the auditor of state shall certify to the | 4047 |
| director the amounts due for these costs, and the director shall | 4048 |
| transfer the certified amounts from the general revenue fund to | 4049 |
| the public audit expense fund-local government. | 4050 |
| (b) In the case of costs due for an audit performed by an | 4051 |
| independent auditor, the independent auditor shall notify the | 4052 |
| auditor of state of the amounts due for these costs. The auditor | 4053 |
| of state shall certify the amounts to the director, and the | 4054 |
| director shall transfer the certified amounts from the general | 4055 |
| revenue fund to the credit of the public audit expense | 4056 |
| fund-independent auditors, which is hereby created in the state | 4057 |
| treasury for the purpose of reimbursing independent auditors for | 4058 |
| unpaid audit costs pursuant to this section. | 4059 |
| Sec. 117.20. (A) In adopting rules pursuant to Chapter 117. | 4060 |
| of the Revised Code, the auditor of state or the auditor of | 4061 |
| state's designee shall do both of the following: | 4062 |
| (1) Before adopting any such rule, except a rule of an | 4063 |
| emergency nature, do each of the following: | 4064 |
| (a) At least thirty-five days before any public hearing on | 4065 |
| the proposed rule-making action, mail notice of the hearing to | 4066 |
| each public office and to each statewide organization that the | 4067 |
| auditor of state or designee determines will be affected or | 4068 |
| represents persons who will be affected by the proposed | 4069 |
| rule-making action; | 4070 |
| (b) Mail a copy of the proposed rule to any person or | 4071 |
| organization that requests a copy within five days after receipt | 4072 |
| of the request; | 4073 |
| (c) Consult with appropriate state and local government | 4074 |
| agencies, or with persons representative of their interests, | 4075 |
| including statewide organizations of local government officials, | 4076 |
| and consult with accounting professionals and other interested | 4077 |
| persons; | 4078 |
| (d) Conduct, on the date and at the time and place designated | 4079 |
| in the notice, a public hearing at which any person affected by | 4080 |
| the proposed rule, including statewide organizations of local | 4081 |
| government officials, may appear and be heard in person, by | 4082 |
| attorney, or both, and may present the person's or organization's | 4083 |
| position or contentions orally or in writing. | 4084 |
| (2) Except as otherwise provided in division (A)(2) of this | 4085 |
| section, comply with divisions (B) to (E) of section 111.15 of the | 4086 |
| Revised Code. The auditor of state is not required to file a rule | 4087 |
| summary and fiscal analysis along with any copy of a proposed | 4088 |
| rule, or proposed rule in revised form, that is filed with the | 4089 |
| joint committee on agency rule review, the secretary of state, or | 4090 |
| the director of the legislative service commission under division | 4091 |
|
(D) or (E) of section 111.15 of the Revised Code | 4092 |
| 4093 | |
| 4094 | |
| 4095 | |
| 4096 | |
| 4097 | |
| 4098 | |
| 4099 |
| (B) The auditor of state shall diligently discharge the | 4100 |
| duties imposed by divisions (A)(1)(a), (b), and (c) of this | 4101 |
| section, but failure to mail any notice or copy of a proposed | 4102 |
| rule, or to consult with any person or organization, shall not | 4103 |
| invalidate any rule. | 4104 |
| (C) Notwithstanding any contrary provision of the Revised | 4105 |
| Code, the auditor of state may prepare and disseminate, to public | 4106 |
| offices and other interested persons and organizations, advisory | 4107 |
| bulletins, directives, and instructions relating to accounting and | 4108 |
| financial reporting systems, budgeting procedures, fiscal | 4109 |
| controls, and the constructions by the auditor of state of | 4110 |
| constitutional and statutory provisions, court decisions, and | 4111 |
| opinions of the attorney general. The bulletins, directives, and | 4112 |
| instructions shall be of an advisory nature only. | 4113 |
| (D) As used in this section, "rule" includes the adoption, | 4114 |
| amendment, or rescission of a rule. | 4115 |
| Sec. 118.05. (A) Pursuant to the powers of the general | 4116 |
| assembly and for the purposes of this chapter, upon the occurrence | 4117 |
| of a fiscal emergency in any municipal corporation, county, or | 4118 |
| township, as determined pursuant to section 118.04 of the Revised | 4119 |
| Code, there is established, with respect to that municipal | 4120 |
| corporation, county, or township, a body both corporate and | 4121 |
| politic constituting an agency and instrumentality of the state | 4122 |
| and performing essential governmental functions of the state to be | 4123 |
| known as the "financial planning and supervision commission for | 4124 |
| ............... (name of municipal corporation, county, or | 4125 |
| township)," which, in that name, may exercise all authority vested | 4126 |
| in such a commission by this chapter. A separate commission is | 4127 |
| established with respect to each municipal corporation, county, or | 4128 |
| township as to which there is a fiscal emergency as determined | 4129 |
| under this chapter. | 4130 |
| (B) A commission shall consist of the following | 4131 |
| members: | 4132 |
| (1) Four ex officio members: the treasurer of state; the | 4133 |
| director of budget and management; in the case of a municipal | 4134 |
| corporation, the mayor of the municipal corporation and the | 4135 |
| presiding officer of the legislative authority of the municipal | 4136 |
| corporation; in the case of a county, the president of the board | 4137 |
| of county commissioners and the county auditor; and in the case of | 4138 |
| a township, a member of the board of township trustees and the | 4139 |
| county auditor. | 4140 |
| The treasurer of state may designate a deputy treasurer or | 4141 |
| director within the office of the treasurer of state or any other | 4142 |
| appropriate person who is not an employee of the treasurer of | 4143 |
| state's office; the director of budget and management may | 4144 |
| designate an individual within the office of budget and management | 4145 |
| or any other appropriate person who is not an employee of the | 4146 |
| office of budget and management; the mayor may designate a | 4147 |
| responsible official within the mayor's office or the fiscal | 4148 |
| officer of the municipal corporation; the presiding officer of the | 4149 |
| legislative authority of the municipal corporation may designate | 4150 |
| any other member of the legislative authority; the board of county | 4151 |
| commissioners may designate any other member of the board or the | 4152 |
| fiscal officer of the county; and the board of township trustees | 4153 |
| may designate any other member of the board or the fiscal officer | 4154 |
| of the township to attend the meetings of the commission when the | 4155 |
| ex officio member is absent or unable for any reason to attend. A | 4156 |
| designee, when present, shall be counted in determining whether a | 4157 |
| quorum is present at any meeting of the commission and may vote | 4158 |
| and participate in all proceedings and actions of the commission. | 4159 |
| The designations shall be in writing, executed by the ex officio | 4160 |
| member or entity making the designation, and filed with the | 4161 |
| secretary of the commission. The designations may be changed from | 4162 |
| time to time in like manner, but due regard shall be given to the | 4163 |
| need for continuity. | 4164 |
| (2) | 4165 |
| has a population of at least one thousand, three members nominated | 4166 |
| and appointed as follows: | 4167 |
| The mayor and presiding officer of the legislative authority | 4168 |
| of the municipal corporation, the board of county commissioners, | 4169 |
| or the board of township trustees shall, within ten days after the | 4170 |
| determination of the fiscal emergency by the auditor of state | 4171 |
| under section 118.04 of the Revised Code, submit in writing to the | 4172 |
| governor the nomination of five persons agreed to by them and | 4173 |
| meeting the qualifications set forth in this division. If the | 4174 |
| governor is not satisfied that at least three of the nominees are | 4175 |
| well qualified, the governor shall notify the mayor and presiding | 4176 |
| officer, or the board of county commissioners, or the board of | 4177 |
| township trustees to submit in writing, within five days, | 4178 |
| additional nominees agreed upon by them, not exceeding three. The | 4179 |
| governor shall appoint three members from all the agreed-upon | 4180 |
| nominees so submitted or a lesser number that the governor | 4181 |
| considers well qualified within thirty days after receipt of the | 4182 |
| nominations, and shall fill any remaining positions on the | 4183 |
| commission by appointment of any other persons meeting the | 4184 |
| qualifications set forth in this division. All appointments by | 4185 |
| the governor shall be made with the advice and consent of the | 4186 |
| senate. Each of the three appointed members shall serve during the | 4187 |
| life of the commission, subject to removal by the governor for | 4188 |
| misfeasance, nonfeasance, or malfeasance in office. In the event | 4189 |
| of the death, resignation, incapacity, removal, or ineligibility | 4190 |
| to serve of an appointed member, the governor, pursuant to the | 4191 |
| process for original appointment, shall appoint a successor. | 4192 |
| (3) If a municipal corporation, county, or township has a | 4193 |
| population of less than one thousand, one member nominated and | 4194 |
| appointed as follows: | 4195 |
| The mayor and presiding officer of the legislative authority | 4196 |
| of the municipal corporation, the board of county commissioners, | 4197 |
| or the board of township trustees shall, within ten days after the | 4198 |
| determination of the fiscal emergency by the auditor of state | 4199 |
| under section 118.04 of the Revised Code, submit in writing to the | 4200 |
| governor the nomination of three persons agreed to by them and | 4201 |
| meeting the qualifications set forth in this division. If the | 4202 |
| governor is not satisfied that at least one of the nominees is | 4203 |
| well qualified, the governor shall notify the mayor and presiding | 4204 |
| officer, or the board of county commissioners, or the board of | 4205 |
| township trustees to submit in writing, within five days, | 4206 |
| additional nominees agreed upon by them, not exceeding three. The | 4207 |
| governor shall appoint one member from all the agreed-upon | 4208 |
| nominees so submitted or shall fill the position on the commission | 4209 |
| by appointment of any other person meeting the qualifications set | 4210 |
| forth in this division. All appointments by the governor shall be | 4211 |
| made with the advice and consent of the senate. The appointed | 4212 |
| member shall serve during the life of the commission, subject to | 4213 |
| removal by the governor for misfeasance, nonfeasance, or | 4214 |
| malfeasance in office. In the event of the death, resignation, | 4215 |
| incapacity, removal, or ineligibility to serve of the appointed | 4216 |
| member, the governor, pursuant to the process for original | 4217 |
| appointment, shall appoint a successor. | 4218 |
| Each | 4219 |
| individual: | 4220 |
| (a) Who has knowledge and experience in financial matters, | 4221 |
|
financial management, or business organization or operations | 4222 |
| 4223 | |
| 4224 | |
| 4225 | |
| 4226 |
| (b) Whose residency, office, or principal place of | 4227 |
| professional or business activity is situated within the municipal | 4228 |
| corporation, county, or township; | 4229 |
| (c) Who | 4230 |
| 4231 | |
| 4232 | |
| for elected public office while serving as a member of the | 4233 |
| commission. | 4234 |
| (C) Immediately after appointment of the initial | 4235 |
| appointed member or members of the commission, the governor shall | 4236 |
| call the first meeting of the commission and shall cause written | 4237 |
| notice of the time, date, and place of the first meeting to be | 4238 |
| given to each member of the commission at least forty-eight hours | 4239 |
| in advance of the meeting. | 4240 |
| (D) The director of budget and management shall serve as | 4241 |
| chairperson of the commission. The commission shall elect one of | 4242 |
| its members to serve as vice-chairperson and may appoint a | 4243 |
| secretary and any other officers, who need not be members of the | 4244 |
| commission, it considers necessary. | 4245 |
| (E) The commission may adopt and alter bylaws and rules, | 4246 |
| which shall not be subject to section 111.15 or Chapter 119. of | 4247 |
| the Revised Code, for the conduct of its affairs and for the | 4248 |
| manner, subject to this chapter, in which its powers and functions | 4249 |
| shall be exercised and embodied. | 4250 |
| (F) | 4251 |
| pursuant to divisions (B)(1) and (2) of this section constitute a | 4252 |
|
quorum of
the commission.
The affirmative vote of | 4253 |
|
of the
members of | 4254 |
| action taken by vote of the commission. Three members of a | 4255 |
| commission established pursuant to divisions (B)(1) and (3) of | 4256 |
| this section constitute a quorum of the commission. The | 4257 |
| affirmative vote of a majority of the members of such a | 4258 |
| commission is necessary for any action taken by vote of the | 4259 |
| commission. No vacancy in the membership of the commission | 4260 |
| shall impair the rights of a quorum by such vote to exercise all | 4261 |
| the rights and perform all the duties of the commission. Members | 4262 |
| of the commission, and their designees, are not disqualified | 4263 |
| from voting by reason of the functions of the other office they | 4264 |
| hold and are not disqualified from exercising the functions of | 4265 |
| the other office with respect to the municipal corporation, | 4266 |
| county, or township, its officers, or the commission. | 4267 |
| (G) The auditor of state shall serve as the "financial | 4268 |
| supervisor" to the commission unless the auditor of state elects | 4269 |
| to contract for that service. As used in this chapter, "financial | 4270 |
| supervisor" means the auditor of state. | 4271 |
| (H) At the request of the commission, the auditor of state | 4272 |
| shall designate employees of the auditor of state's office to | 4273 |
| assist the commission and the financial supervisor and to | 4274 |
| coordinate the work of the auditor of state's office and the | 4275 |
| financial supervisor. Upon the determination of a fiscal emergency | 4276 |
| in any municipal corporation, county, or township, the municipal | 4277 |
| corporation, county, or township shall provide the commission with | 4278 |
| such reasonable office space in the principal building housing | 4279 |
| city, county, or township government, where feasible, as it | 4280 |
| determines is necessary to carry out its duties under this | 4281 |
| chapter. | 4282 |
| (I) The financial supervisor, the members of the commission, | 4283 |
| the auditor of state, and any person authorized to act on behalf | 4284 |
| of or assist them shall not be personally liable or subject to any | 4285 |
| suit, judgment, or claim for damages resulting from the exercise | 4286 |
| of or failure to exercise the powers, duties, and functions | 4287 |
| granted to them in regard to their functioning under this chapter, | 4288 |
| but the commission, the financial supervisor, the auditor of | 4289 |
| state, and those other persons shall be subject to mandamus | 4290 |
| proceedings to compel performance of their duties under this | 4291 |
| chapter and with respect to any debt obligations issued pursuant | 4292 |
| or subject to this chapter. | 4293 |
| (J) At the request of the commission, the administrative head | 4294 |
| of any state agency shall temporarily assign personnel skilled in | 4295 |
| accounting and budgeting procedures to assist the commission or | 4296 |
| the financial supervisor in its duties as financial supervisor. | 4297 |
| (K) The appointed members of the commission are not subject | 4298 |
| to section 102.02 of the Revised Code. Each appointed member of | 4299 |
| the commission shall file with the commission a signed written | 4300 |
| statement setting forth the general nature of sales of goods, | 4301 |
| property, or services or of loans to the municipal corporation, | 4302 |
| county, or township with respect to which that commission is | 4303 |
| established, in which the appointed member has a pecuniary | 4304 |
| interest or in which any member of the appointed member's | 4305 |
| immediate family, as defined in section 102.01 of the Revised | 4306 |
| Code, or any corporation, partnership, or enterprise of which the | 4307 |
| appointed member is an officer, director, or partner, or of which | 4308 |
| the appointed member or a member of the appointed member's | 4309 |
| immediate family, as so defined, owns more than a five per cent | 4310 |
| interest, has a pecuniary interest, and of which sale, loan, or | 4311 |
| interest such member has knowledge. The statement shall be | 4312 |
| supplemented from time to time to reflect changes in the general | 4313 |
| nature of any such sales or loans. | 4314 |
| Sec. 119.03. In the adoption, amendment, or rescission of | 4315 |
| any rule, an agency shall comply with the following procedure: | 4316 |
| (A) Reasonable public notice shall be given in the register | 4317 |
| of Ohio at least thirty days prior to the date set for a hearing, | 4318 |
| in the form the agency determines. The agency shall file copies of | 4319 |
| the public notice under division (B) of this section. (The agency | 4320 |
| gives public notice in the register of Ohio when the public notice | 4321 |
| is published in the register under that division.) | 4322 |
| The public notice shall include: | 4323 |
| (1) A statement of the agency's intention to consider | 4324 |
| adopting, amending, or rescinding a rule; | 4325 |
| (2) A synopsis of the proposed rule, amendment, or rule to be | 4326 |
| rescinded or a general statement of the subject matter to which | 4327 |
| the proposed rule, amendment, or rescission relates; | 4328 |
| (3) A statement of the reason or purpose for adopting, | 4329 |
| amending, or rescinding the rule; | 4330 |
| (4) The date, time, and place of a hearing on the proposed | 4331 |
| action, which shall be not earlier than the thirty-first nor later | 4332 |
| than the fortieth day after the proposed rule, amendment, or | 4333 |
| rescission is filed under division (B) of this section. | 4334 |
| In addition to public notice given in the register of Ohio, | 4335 |
| the agency may give whatever other notice it reasonably considers | 4336 |
| necessary to ensure notice constructively is given to all persons | 4337 |
| who are subject to or affected by the proposed rule, amendment, or | 4338 |
| rescission. | 4339 |
| The agency shall provide a copy of the public notice required | 4340 |
| under division (A) of this section to any person who requests it | 4341 |
| and pays a reasonable fee, not to exceed the cost of copying and | 4342 |
| mailing. | 4343 |
| (B) The full text of the proposed rule, amendment, or rule to | 4344 |
| be rescinded, accompanied by the public notice required under | 4345 |
| division (A) of this section, shall be filed in electronic form | 4346 |
| with the secretary of state and with the director of the | 4347 |
| legislative service commission. (If in compliance with this | 4348 |
| division an agency files more than one proposed rule, amendment, | 4349 |
| or rescission at the same time, and has prepared a public notice | 4350 |
| under division (A) of this section that applies to more than one | 4351 |
| of the proposed rules, amendments, or rescissions, the agency | 4352 |
| shall file only one notice with the secretary of state and with | 4353 |
| the director for all of the proposed rules, amendments, or | 4354 |
| rescissions to which the notice applies.) The proposed rule, | 4355 |
| amendment, or rescission and public notice shall be filed as | 4356 |
| required by this division at least sixty-five days prior to the | 4357 |
| date on which the agency, in accordance with division (D) of this | 4358 |
| section, issues an order adopting the proposed rule, amendment, or | 4359 |
| rescission. | 4360 |
| If the proposed rule, amendment, or rescission incorporates a | 4361 |
| text or other material by reference, the agency shall comply with | 4362 |
| sections 121.71 to 121.76 of the Revised Code. | 4363 |
| The proposed rule, amendment, or rescission shall be | 4364 |
| available for at least thirty days prior to the date of the | 4365 |
| hearing at the office of the agency in printed or other legible | 4366 |
| form without charge to any person affected by the proposal. | 4367 |
| Failure to furnish such text to any person requesting it shall not | 4368 |
| invalidate any action of the agency in connection therewith. | 4369 |
| If the agency files a substantive revision in the text of the | 4370 |
| proposed rule, amendment, or rescission under division (H) of this | 4371 |
| section, it shall also promptly file the full text of the proposed | 4372 |
| rule, amendment, or rescission in its revised form in electronic | 4373 |
| form with the secretary of state and with the director of the | 4374 |
| legislative service commission. | 4375 |
| The agency shall file the rule summary and fiscal analysis | 4376 |
|
prepared under section | 4377 |
| 4378 | |
| rescission or proposed rule, amendment, or rescission in revised | 4379 |
| form that is filed with the secretary of state or the director of | 4380 |
| the legislative service commission. | 4381 |
| The director of the legislative service commission shall | 4382 |
| publish in the register of Ohio the full text of the original and | 4383 |
| each revised version of a proposed rule, amendment, or rescission; | 4384 |
| the full text of a public notice; and the full text of a rule | 4385 |
| summary and fiscal analysis that is filed with the director under | 4386 |
| this division. | 4387 |
| (C) On the date and at the time and place designated in the | 4388 |
| notice, the agency shall conduct a public hearing at which any | 4389 |
| person affected by the proposed action of the agency may appear | 4390 |
| and be heard in person, by the person's attorney, or both, may | 4391 |
| present the person's position, arguments, or contentions, orally | 4392 |
| or in writing, offer and examine witnesses, and present evidence | 4393 |
| tending to show that the proposed rule, amendment, or rescission, | 4394 |
| if adopted or effectuated, will be unreasonable or unlawful. An | 4395 |
| agency may permit persons affected by the proposed rule, | 4396 |
| amendment, or rescission to present their positions, arguments, or | 4397 |
| contentions in writing, not only at the hearing, but also for a | 4398 |
| reasonable period before, after, or both before and after the | 4399 |
| hearing. A person who presents a position or arguments or | 4400 |
| contentions in writing before or after the hearing is not required | 4401 |
| to appear at the hearing. | 4402 |
| At the hearing, the testimony shall be recorded. Such record | 4403 |
| shall be made at the expense of the agency. The agency is | 4404 |
| required to transcribe a record that is not sight readable only if | 4405 |
| a person requests transcription of all or part of the record and | 4406 |
| agrees to reimburse the agency for the costs of the transcription. | 4407 |
| An agency may require the person to pay in advance all or part of | 4408 |
| the cost of the transcription. | 4409 |
| In any hearing under this section the agency may administer | 4410 |
| oaths or affirmations. | 4411 |
| (D) After complying with divisions (A), (B), (C), and (H) of | 4412 |
| this section, and when the time for legislative review and | 4413 |
| invalidation under division (I) of this section has expired, the | 4414 |
| agency may issue an order adopting the proposed rule or the | 4415 |
| proposed amendment or rescission of the rule, consistent with the | 4416 |
| synopsis or general statement included in the public notice. At | 4417 |
| that time the agency shall designate the effective date of the | 4418 |
| rule, amendment, or rescission, which shall not be earlier than | 4419 |
| the tenth day after the rule, amendment, or rescission has been | 4420 |
| filed in its final form as provided in section 119.04 of the | 4421 |
| Revised Code. | 4422 |
| (E) Prior to the effective date of a rule, amendment, or | 4423 |
| rescission, the agency shall make a reasonable effort to inform | 4424 |
| those affected by the rule, amendment, or rescission and to have | 4425 |
| available for distribution to those requesting it the full text of | 4426 |
| the rule as adopted or as amended. | 4427 |
| (F) If the governor, upon the request of an agency, | 4428 |
| determines that an emergency requires the immediate adoption, | 4429 |
| amendment, or rescission of a rule, the governor shall issue an | 4430 |
| order, the text of which shall be filed in electronic form with | 4431 |
| the agency, the secretary of state, the director of the | 4432 |
| legislative service commission, and the joint committee on agency | 4433 |
| rule review, that the procedure prescribed by this section with | 4434 |
| respect to the adoption, amendment, or rescission of a specified | 4435 |
| rule is suspended. The agency may then adopt immediately the | 4436 |
| emergency rule, amendment, or rescission and it becomes effective | 4437 |
| on the date the rule, amendment, or rescission, in final form and | 4438 |
| in compliance with division (A)(2) of section 119.04 of the | 4439 |
|
Revised Code, | 4440 |
| of state, the director of the legislative service commission, and | 4441 |
| the joint committee on agency rule review. If all filings are not | 4442 |
| completed on the same day, the emergency rule, amendment, or | 4443 |
| rescission shall be effective on the day on which the latest | 4444 |
| filing is completed. The director shall publish the full text of | 4445 |
| the emergency rule, amendment, or rescission in the register of | 4446 |
| Ohio. | 4447 |
| The emergency rule, amendment, or rescission shall become | 4448 |
| invalid at the end of the ninetieth day it is in effect. Prior to | 4449 |
| that date the agency may adopt the emergency rule, amendment, or | 4450 |
| rescission as a nonemergency rule, amendment, or rescission by | 4451 |
| complying with the procedure prescribed by this section for the | 4452 |
| adoption, amendment, and rescission of nonemergency rules. The | 4453 |
| agency shall not use the procedure of this division to readopt the | 4454 |
| emergency rule, amendment, or rescission so that, upon the | 4455 |
| emergency rule, amendment, or rescission becoming invalid under | 4456 |
| this division, the emergency rule, amendment, or rescission will | 4457 |
| continue in effect without interruption for another ninety-day | 4458 |
| period, except when division (I)(2)(a) of this section prevents | 4459 |
| the agency from adopting the emergency rule, amendment, or | 4460 |
| rescission as a nonemergency rule, amendment, or rescission within | 4461 |
| the ninety-day period. | 4462 |
| This division does not apply to the adoption of any emergency | 4463 |
| rule, amendment, or rescission by the tax commissioner under | 4464 |
| division (C)(2) of section 5117.02 of the Revised Code. | 4465 |
| (G) Rules adopted by an authority within the department of | 4466 |
| job and family services for the administration or enforcement of | 4467 |
| Chapter 4141. of the Revised Code or of the department of taxation | 4468 |
| shall be effective without a hearing as provided by this section | 4469 |
| if the statutes pertaining to such agency specifically give a | 4470 |
| right of appeal to the board of tax appeals or to a higher | 4471 |
| authority within the agency or to a court, and also give the | 4472 |
| appellant a right to a hearing on such appeal. This division does | 4473 |
| not apply to the adoption of any rule, amendment, or rescission by | 4474 |
| the tax commissioner under division (C)(1) or (2) of section | 4475 |
| 5117.02 of the Revised Code, or deny the right to file an action | 4476 |
| for declaratory judgment as provided in Chapter 2721. of the | 4477 |
| Revised Code from the decision of the board of tax appeals or of | 4478 |
| the higher authority within such agency. | 4479 |
| (H) When any agency files a proposed rule, amendment, or | 4480 |
| rescission under division (B) of this section, it shall also file | 4481 |
| in electronic form with the joint committee on agency rule review | 4482 |
| the full text of the proposed rule, amendment, or rule to be | 4483 |
| rescinded in the same form and the public notice required under | 4484 |
| division (A) of this section. (If in compliance with this division | 4485 |
| an agency files more than one proposed rule, amendment, or | 4486 |
| rescission at the same time, and has given a public notice under | 4487 |
| division (A) of this section that applies to more than one of the | 4488 |
| proposed rules, amendments, or rescissions, the agency shall file | 4489 |
| only one notice with the joint committee for all of the proposed | 4490 |
| rules, amendments, or rescissions to which the notice applies.) If | 4491 |
| the agency makes a substantive revision in a proposed rule, | 4492 |
| amendment, or rescission after it is filed with the joint | 4493 |
| committee, the agency shall promptly file the full text of the | 4494 |
| proposed rule, amendment, or rescission in its revised form in | 4495 |
| electronic form with the joint committee. The latest version of a | 4496 |
| proposed rule, amendment, or rescission as filed with the joint | 4497 |
| committee supersedes each earlier version of the text of the same | 4498 |
| proposed rule, amendment, or rescission. An agency shall file the | 4499 |
|
rule
summary and fiscal analysis prepared under section | 4500 |
|
127.18 of the Revised Code | 4501 |
| a proposed rule, amendment, or rescission, and along with a | 4502 |
| proposed rule, amendment, or rescission in revised form, that is | 4503 |
| filed under this division. | 4504 |
| The joint committee shall promptly file a notice in | 4505 |
| electronic form with the Ohio small business ombudsperson of the | 4506 |
| filing under this division of a proposed rule, amendment, or | 4507 |
| rescission, or of a proposed rule, amendment, or rescission in | 4508 |
| revised form, that previously was filed with the ombudsperson | 4509 |
| under section 121.254 of the Revised Code. | 4510 |
| This division does not apply to: | 4511 |
| (1) An emergency rule, amendment, or rescission; | 4512 |
| (2) Any proposed rule, amendment, or rescission that must be | 4513 |
| adopted verbatim by an agency pursuant to federal law or rule, to | 4514 |
| become effective within sixty days of adoption, in order to | 4515 |
| continue the operation of a federally reimbursed program in this | 4516 |
| state, so long as the proposed rule contains both of the | 4517 |
| following: | 4518 |
| (a) A statement that it is proposed for the purpose of | 4519 |
| complying with a federal law or rule; | 4520 |
| (b) A citation to the federal law or rule that requires | 4521 |
| verbatim compliance. | 4522 |
| If a rule or amendment is exempt from legislative review | 4523 |
| under division (H)(2) of this section, and if the federal law or | 4524 |
| rule pursuant to which the rule or amendment was adopted expires, | 4525 |
| is repealed or rescinded, or otherwise terminates, the rule or | 4526 |
| amendment, or its rescission, is thereafter subject to legislative | 4527 |
| review under division (H) of this section. | 4528 |
| (I)(1) The joint committee on agency rule review may | 4529 |
| recommend the adoption of a concurrent resolution invalidating a | 4530 |
| proposed rule, amendment, rescission, or part thereof if it finds | 4531 |
| any of the following: | 4532 |
| (a) That the rule-making agency has exceeded the scope of its | 4533 |
| statutory authority in proposing the rule, amendment, or | 4534 |
| rescission; | 4535 |
| (b) That the proposed rule, amendment, or rescission | 4536 |
| conflicts with another rule, amendment, or rescission adopted by | 4537 |
| the same or a different rule-making agency; | 4538 |
| (c) That the proposed rule, amendment, or rescission | 4539 |
| conflicts with the legislative intent in enacting the statute | 4540 |
| under which the rule-making agency proposed the rule, amendment, | 4541 |
| or rescission; | 4542 |
| (d) That the rule-making agency has failed to prepare a | 4543 |
| complete and accurate rule summary and fiscal analysis of the | 4544 |
| proposed rule, amendment, or rescission as required by section | 4545 |
| 4546 |
| (e) That the proposed rule, amendment, or rescission | 4547 |
| incorporates a text or other material by reference and either the | 4548 |
| rule-making agency has failed to file the text or other material | 4549 |
| incorporated by reference as required by section 121.73 of the | 4550 |
| Revised Code or, in the case of a proposed rule or amendment, the | 4551 |
| incorporation by reference fails to meet the standards stated in | 4552 |
| section 121.72, 121.75, or 121.76 of the Revised Code; or | 4553 |
| (f) That the rule-making agency has failed to comply with | 4554 |
| section 121.252, 121.253, or 121.254 of the Revised Code. | 4555 |
| The joint committee shall not hold its public hearing on a | 4556 |
| proposed rule, amendment, or rescission earlier than the | 4557 |
| forty-first day after the original version of the proposed rule, | 4558 |
| amendment, or rescission was filed with the joint committee. | 4559 |
| The house of representatives and senate may adopt a | 4560 |
| concurrent resolution invalidating a proposed rule, amendment, | 4561 |
| rescission, or part thereof. The concurrent resolution shall state | 4562 |
| which of the specific rules, amendments, rescissions, or parts | 4563 |
| thereof are invalidated. A concurrent resolution invalidating a | 4564 |
| proposed rule, amendment, or rescission shall be adopted not later | 4565 |
| than the sixty-fifth day after the original version of the text of | 4566 |
| the proposed rule, amendment, or rescission is filed with the | 4567 |
| joint committee, except that if more than thirty-five days after | 4568 |
| the original version is filed the rule-making agency either files | 4569 |
| a revised version of the text of the proposed rule, amendment, or | 4570 |
| rescission, or revises the rule summary and fiscal analysis in | 4571 |
| accordance with division (I)(4) of this section, a concurrent | 4572 |
| resolution invalidating the proposed rule, amendment, or | 4573 |
| rescission shall be adopted not later than the thirtieth day after | 4574 |
| the revised version of the proposed rule or rule summary and | 4575 |
| fiscal analysis is filed. If, after the joint committee on agency | 4576 |
| rule review recommends the adoption of a concurrent resolution | 4577 |
| invalidating a proposed rule, amendment, rescission, or part | 4578 |
| thereof, the house of representatives or senate does not, within | 4579 |
| the time remaining for adoption of the concurrent resolution, hold | 4580 |
| five floor sessions at which its journal records a roll call vote | 4581 |
| disclosing a sufficient number of members in attendance to pass a | 4582 |
| bill, the time within which that house may adopt the concurrent | 4583 |
| resolution is extended until it has held five such floor sessions. | 4584 |
| Within five days after the adoption of a concurrent | 4585 |
| resolution invalidating a proposed rule, amendment, rescission, or | 4586 |
| part thereof, the clerk of the senate shall send the rule-making | 4587 |
| agency, the secretary of state, and the director of the | 4588 |
| legislative service commission in electronic form a certified text | 4589 |
| of the resolution together with a certification stating the date | 4590 |
| on which the resolution takes effect. The secretary of state and | 4591 |
| the director of the legislative service commission shall each note | 4592 |
| the invalidity of the proposed rule, amendment, rescission, or | 4593 |
| part thereof, and shall each remove the invalid proposed rule, | 4594 |
| amendment, rescission, or part thereof from the file of proposed | 4595 |
| rules. The rule-making agency shall not proceed to adopt in | 4596 |
| accordance with division (D) of this section, or to file in | 4597 |
| accordance with division (B)(1) of section 111.15 of the Revised | 4598 |
| Code, any version of a proposed rule, amendment, rescission, or | 4599 |
| part thereof that has been invalidated by concurrent resolution. | 4600 |
| Unless the house of representatives and senate adopt a | 4601 |
| concurrent resolution invalidating a proposed rule, amendment, | 4602 |
| rescission, or part thereof within the time specified by this | 4603 |
| division, the rule-making agency may proceed to adopt in | 4604 |
| accordance with division (D) of this section, or to file in | 4605 |
| accordance with division (B)(1) of section 111.15 of the Revised | 4606 |
| Code, the latest version of the proposed rule, amendment, or | 4607 |
| rescission as filed with the joint committee. If by concurrent | 4608 |
| resolution certain of the rules, amendments, rescissions, or parts | 4609 |
| thereof are specifically invalidated, the rule-making agency may | 4610 |
| proceed to adopt, in accordance with division (D) of this section, | 4611 |
| or to file in accordance with division (B)(1) of section 111.15 of | 4612 |
| the Revised Code, the latest version of the proposed rules, | 4613 |
| amendments, rescissions, or parts thereof as filed with the joint | 4614 |
| committee that are not specifically invalidated. The rule-making | 4615 |
| agency may not revise or amend any proposed rule, amendment, | 4616 |
| rescission, or part thereof that has not been invalidated except | 4617 |
| as provided in this chapter or in section 111.15 of the Revised | 4618 |
| Code. | 4619 |
| (2)(a) A proposed rule, amendment, or rescission that is | 4620 |
| filed with the joint committee under division (H) of this section | 4621 |
| or division (D) of section 111.15 of the Revised Code shall be | 4622 |
| carried over for legislative review to the next succeeding regular | 4623 |
| session of the general assembly if the original or any revised | 4624 |
| version of the proposed rule, amendment, or rescission is filed | 4625 |
| with the joint committee on or after the first day of December of | 4626 |
| any year. | 4627 |
| (b) The latest version of any proposed rule, amendment, or | 4628 |
| rescission that is subject to division (I)(2)(a) of this section, | 4629 |
| as filed with the joint committee, is subject to legislative | 4630 |
| review and invalidation in the next succeeding regular session of | 4631 |
| the general assembly in the same manner as if it were the original | 4632 |
| version of a proposed rule, amendment, or rescission that had been | 4633 |
| filed with the joint committee for the first time on the first day | 4634 |
| of the session. A rule-making agency shall not adopt in accordance | 4635 |
| with division (D) of this section, or file in accordance with | 4636 |
| division (B)(1) of section 111.15 of the Revised Code, any version | 4637 |
| of a proposed rule, amendment, or rescission that is subject to | 4638 |
| division (I)(2)(a) of this section until the time for legislative | 4639 |
| review and invalidation, as contemplated by division (I)(2)(b) of | 4640 |
| this section, has expired. | 4641 |
| (3) Invalidation of any version of a proposed rule, | 4642 |
| amendment, rescission, or part thereof by concurrent resolution | 4643 |
| shall prevent the rule-making agency from instituting or | 4644 |
| continuing proceedings to adopt any version of the same proposed | 4645 |
| rule, amendment, rescission, or part thereof for the duration of | 4646 |
| the general assembly that invalidated the proposed rule, | 4647 |
| amendment, rescission, or part thereof unless the same general | 4648 |
| assembly adopts a concurrent resolution permitting the rule-making | 4649 |
| agency to institute or continue such proceedings. | 4650 |
| The failure of the general assembly to invalidate a proposed | 4651 |
| rule, amendment, rescission, or part thereof under this section | 4652 |
| shall not be construed as a ratification of the lawfulness or | 4653 |
| reasonableness of the proposed rule, amendment, rescission, or any | 4654 |
| part thereof or of the validity of the procedure by which the | 4655 |
| proposed rule, amendment, rescission, or any part thereof was | 4656 |
| proposed or adopted. | 4657 |
| (4) In lieu of recommending a concurrent resolution to | 4658 |
| invalidate a proposed rule, amendment, rescission, or part thereof | 4659 |
| because the rule-making agency has failed to prepare a complete | 4660 |
| and accurate fiscal analysis, the joint committee on agency rule | 4661 |
| review may issue, on a one-time basis, for rules, amendments, | 4662 |
| rescissions, or parts thereof that have a fiscal effect on school | 4663 |
| districts, counties, townships, or municipal corporations, a | 4664 |
| finding that the rule summary and fiscal analysis is incomplete or | 4665 |
| inaccurate and order the rule-making agency to revise the rule | 4666 |
| summary and fiscal analysis and refile it with the proposed rule, | 4667 |
| amendment, rescission, or part thereof. If an emergency rule is | 4668 |
| filed as a nonemergency rule before the end of the ninetieth day | 4669 |
| of the emergency rule's effectiveness, and the joint committee | 4670 |
| issues a finding and orders the rule-making agency to refile under | 4671 |
| division (I)(4) of this section, the governor may also issue an | 4672 |
| order stating that the emergency rule shall remain in effect for | 4673 |
| an additional sixty days after the ninetieth day of the emergency | 4674 |
| rule's effectiveness. The governor's orders shall be filed in | 4675 |
| accordance with division (F) of this section. The joint committee | 4676 |
| shall send in electronic form to the rule-making agency, the | 4677 |
| secretary of state, and the director of the legislative service | 4678 |
| commission a certified text of the finding and order to revise the | 4679 |
| rule summary and fiscal analysis, which shall take immediate | 4680 |
| effect. | 4681 |
| An order issued under division (I)(4) of this section shall | 4682 |
| prevent the rule-making agency from instituting or continuing | 4683 |
| proceedings to adopt any version of the proposed rule, amendment, | 4684 |
| rescission, or part thereof until the rule-making agency revises | 4685 |
| the rule summary and fiscal analysis and refiles it in electronic | 4686 |
| form with the joint committee along with the proposed rule, | 4687 |
| amendment, rescission, or part thereof. If the joint committee | 4688 |
| finds the rule summary and fiscal analysis to be complete and | 4689 |
| accurate, the joint committee shall issue a new order noting that | 4690 |
| the rule-making agency has revised and refiled a complete and | 4691 |
| accurate rule summary and fiscal analysis. The joint committee | 4692 |
| shall send in electronic form to the rule-making agency, the | 4693 |
| secretary of state, and the director of the legislative service | 4694 |
| commission a certified text of this new order. The secretary of | 4695 |
| state and the director of the legislative service commission shall | 4696 |
| each link this order to the proposed rule, amendment, rescission, | 4697 |
| or part thereof. The rule-making agency may then proceed to adopt | 4698 |
| in accordance with division (D) of this section, or to file in | 4699 |
| accordance with division (B)(1) of section 111.15 of the Revised | 4700 |
| Code, the proposed rule, amendment, rescission, or part thereof | 4701 |
| that was subject to the finding and order under division (I)(4) of | 4702 |
| this section. If the joint committee determines that the revised | 4703 |
| rule summary and fiscal analysis is still inaccurate or | 4704 |
| incomplete, the joint committee shall recommend the adoption of a | 4705 |
| concurrent resolution in accordance with division (I)(1) of this | 4706 |
| section. | 4707 |
| Sec. 120.03. (A) The Ohio public defender commission shall | 4708 |
| appoint the state public defender, who shall serve at the pleasure | 4709 |
| of the commission. | 4710 |
| (B) The Ohio public defender commission shall establish rules | 4711 |
| for the conduct of the offices of the county and joint county | 4712 |
| public defenders and for the conduct of county appointed counsel | 4713 |
| systems in the state. These rules shall include, but are not | 4714 |
| limited to, the following: | 4715 |
| (1) Standards of indigency and minimum qualifications for | 4716 |
| legal representation by a public defender or appointed counsel. In | 4717 |
| establishing standards of indigency and determining who is | 4718 |
| eligible for legal representation by a public defender or | 4719 |
| appointed counsel, the commission shall consider an indigent | 4720 |
|
person to be an individual who at the time | 4721 |
| is determined is unable to provide for the payment of an attorney | 4722 |
| and all other necessary expenses of representation. Release on | 4723 |
| bail shall not prevent a person from being determined to be | 4724 |
| indigent. | 4725 |
| (2) Standards for the hiring of outside counsel; | 4726 |
| (3) Standards for contracts by a public defender with law | 4727 |
| schools, legal aid societies, and nonprofit organizations for | 4728 |
| providing counsel; | 4729 |
| (4) Standards for the qualifications, training, and size of | 4730 |
| the legal and supporting staff for a public defender, facilities, | 4731 |
| and other requirements needed to maintain and operate an office of | 4732 |
| a public defender; | 4733 |
| (5) Minimum caseload standards; | 4734 |
| (6) Procedures for the assessment and collection of the costs | 4735 |
| of legal representation that is provided by public defenders or | 4736 |
| appointed counsel; | 4737 |
| (7) Standards and guidelines for determining whether a client | 4738 |
|
is able to make an up-front contribution toward the cost
of | 4739 |
| the client's legal representation; | 4740 |
| (8) Procedures for the collection of up-front contributions | 4741 |
| from clients who are able to contribute toward the cost of their | 4742 |
| legal representation, as determined pursuant to the standards and | 4743 |
| guidelines developed under division (B)(7) of this section. All of | 4744 |
| such up-front contributions shall be paid into the appropriate | 4745 |
| county fund. | 4746 |
| (9) Standards for contracts between a board of county | 4747 |
| commissioners, a county public defender commission, or a joint | 4748 |
| county public defender commission and a municipal corporation for | 4749 |
| the legal representation of indigent persons charged with | 4750 |
| violations of the ordinances of the municipal corporation. | 4751 |
| (C) The Ohio public defender commission shall adopt rules | 4752 |
| prescribing minimum qualifications of counsel appointed pursuant | 4753 |
| to this chapter or appointed by the courts. Without limiting its | 4754 |
| general authority to prescribe different qualifications for | 4755 |
| different categories of appointed counsel, the commission shall | 4756 |
| prescribe, by rule, special qualifications for counsel and | 4757 |
| co-counsel appointed in capital cases. | 4758 |
| (D) In administering the office of the Ohio public defender | 4759 |
| commission: | 4760 |
| (1) The commission shall do the following: | 4761 |
| (a) Approve an annual operating budget; | 4762 |
| (b) Make an annual report to the governor, the general | 4763 |
| assembly, and the supreme court of Ohio on the operation of the | 4764 |
| state public defender's office, the county appointed counsel | 4765 |
| systems, and the county and joint county public defenders' | 4766 |
| offices. | 4767 |
| (2) The commission may do the following: | 4768 |
| (a) Accept the services of volunteer workers and consultants | 4769 |
| at no compensation other than reimbursement of actual and | 4770 |
| necessary expenses; | 4771 |
| (b) Prepare and publish statistical and case studies and | 4772 |
| other data pertinent to the legal representation of indigent | 4773 |
| persons; | 4774 |
| (c) Conduct programs having a general objective of training | 4775 |
| and educating attorneys and others in the legal representation of | 4776 |
| indigent persons. | 4777 |
| (E) There is hereby established in the state treasury the | 4778 |
| public defender training fund for the deposit of fees received by | 4779 |
| the Ohio public defender commission from educational seminars, and | 4780 |
| the sale of publications, on topics concerning criminal law and | 4781 |
| procedure. Expenditures from this fund shall be made only for the | 4782 |
| operation of activities authorized by division (D)(2)(c) of this | 4783 |
| section. | 4784 |
| (F)(1) In accordance with sections 109.02, 109.07, and | 4785 |
| 109.361 to 109.366 of the Revised Code, but subject to division | 4786 |
| (E) of section 120.06 of the Revised Code, the attorney general | 4787 |
| shall represent or provide for the representation of the Ohio | 4788 |
| public defender commission, the state public defender, assistant | 4789 |
| state public defenders, and other employees of the commission or | 4790 |
| the state public defender. | 4791 |
| (2) Subject to division (E) of section 120.06 of the Revised | 4792 |
| Code, the attorney general shall represent or provide for the | 4793 |
| representation of attorneys described in division (C) of section | 4794 |
| 120.41 of the Revised Code in malpractice or other civil actions | 4795 |
| or proceedings that arise from alleged actions or omissions | 4796 |
| related to responsibilities derived pursuant to this chapter, or | 4797 |
| in civil actions that are based upon alleged violations of the | 4798 |
| constitution or statutes of the United States, including section | 4799 |
| 1983 of Title 42 of the United States Code, 93 Stat. 1284 (1979), | 4800 |
| 42 U.S.C.A. 1983, as amended, and that arise from alleged actions | 4801 |
| or omissions related to responsibilities derived pursuant to this | 4802 |
| chapter. For purposes of the representation, sections 109.361 to | 4803 |
| 109.366 of the Revised Code shall apply to an attorney described | 4804 |
|
in division (C) of section
120.41 of the Revised Code as if | 4805 |
| attorney were an officer or employee, as defined in section 109.36 | 4806 |
| of the Revised Code, and the Ohio public defender commission or | 4807 |
| the state public defender, whichever contracted with the attorney, | 4808 |
|
shall be considered | 4809 |
| (G) The commission shall adopt rules governing the | 4810 |
| reimbursement of counties under division (B)(14) of section 120.04 | 4811 |
| of the Revised Code, including rules governing costs that are | 4812 |
| appropriate for reimbursement and standards and guidelines for | 4813 |
| providing such reimbursement. | 4814 |
| Sec. 120.04. (A) The state public defender shall serve at | 4815 |
| the pleasure of the Ohio public defender commission and shall be | 4816 |
| an attorney with a minimum of four years of experience in the | 4817 |
| practice of law and be admitted to the practice of law in this | 4818 |
| state at least one year prior to appointment. | 4819 |
| (B) The state public defender shall do all of the following: | 4820 |
| (1) Maintain a central office in Columbus. The central office | 4821 |
| shall be provided with a library of adequate size, considering the | 4822 |
| needs of the office and the accessibility of other libraries, and | 4823 |
| other necessary facilities and equipment. | 4824 |
| (2) Appoint assistant state public defenders, all of whom | 4825 |
| shall be attorneys admitted to the practice of law in this state, | 4826 |
| and other personnel necessary for the operation of the state | 4827 |
| public defender office. Assistant state public defenders shall be | 4828 |
| appointed on a full-time basis. The state public defender, | 4829 |
| assistant state public defenders, and employees appointed by the | 4830 |
| state public defender shall not engage in the private practice of | 4831 |
| law. | 4832 |
| (3) Supervise the compliance of county public defender | 4833 |
| offices, joint county public defender offices, and county | 4834 |
| appointed counsel systems with standards established by rules of | 4835 |
| the Ohio public defender commission pursuant to division (B) of | 4836 |
| section 120.03 of the Revised Code; | 4837 |
| (4) Keep and maintain financial records of all cases handled | 4838 |
| and develop records for use in the calculation of direct and | 4839 |
| indirect costs, in the operation of the office, and report | 4840 |
| periodically, but not less than annually, to the commission on all | 4841 |
| relevant data on the operations of the office, costs, projected | 4842 |
| needs, and recommendations for legislation or amendments to court | 4843 |
| rules, as may be appropriate to improve the criminal justice | 4844 |
| system; | 4845 |
| (5) Collect all moneys due the state for reimbursement for | 4846 |
| legal services under this chapter and under section 2941.51 of the | 4847 |
| Revised Code and institute any actions in court on behalf of the | 4848 |
| state for the collection of such sums that the state public | 4849 |
| defender considers advisable. Except as provided otherwise in | 4850 |
| division (D) of section 120.06 of the Revised Code, all moneys | 4851 |
| collected by the state public defender under this chapter and | 4852 |
| section 2941.51 of the Revised Code shall be deposited in the | 4853 |
| state treasury to the credit of the client payment fund, which is | 4854 |
| hereby created. All moneys credited to the fund shall be used by | 4855 |
| the state public defender to appoint assistant state public | 4856 |
| defenders and to provide other personnel, equipment, and | 4857 |
| facilities necessary for the operation of the state public | 4858 |
| defender office, to reimburse counties for the operation of county | 4859 |
| public defender offices, joint county public defender offices, and | 4860 |
| county appointed counsel systems pursuant to sections 120.18, | 4861 |
| 120.28, and 120.33 of the Revised Code, or to provide assistance | 4862 |
| to counties in the operation of county indigent defense systems. | 4863 |
| (6) With respect to funds appropriated to the commission to | 4864 |
| pay criminal costs, perform the duties imposed by sections 2949.19 | 4865 |
| and 2949.201 of the Revised Code; | 4866 |
| (7) Establish standards and guidelines for the reimbursement, | 4867 |
| pursuant to sections 120.18, 120.28, 120.33, 2941.51, and 2949.19 | 4868 |
| of the Revised Code, of counties for the operation of county | 4869 |
| public defender offices, joint county public defender offices, and | 4870 |
| county appointed counsel systems and for other costs related to | 4871 |
| felony prosecutions; | 4872 |
| (8) Establish maximum amounts that the state will reimburse | 4873 |
| the counties pursuant to sections 120.18, 120.28, 120.33, and | 4874 |
| 2941.51 of the Revised Code; | 4875 |
| (9) Establish maximum amounts that the state will reimburse | 4876 |
| the counties pursuant to section 120.33 of the Revised Code for | 4877 |
| each specific type of legal service performed by a county | 4878 |
| appointed counsel system; | 4879 |
| (10) Administer sections 120.18, 120.28, 120.33, 2941.51, and | 4880 |
| 2949.19 of the Revised Code and make reimbursements pursuant to | 4881 |
| those sections; | 4882 |
| (11) Administer the program established pursuant to sections | 4883 |
| 120.51 to 120.55 of the Revised Code for the charitable public | 4884 |
| purpose of providing financial assistance to legal aid societies. | 4885 |
| Neither the state public defender nor any of the state public | 4886 |
| defender's employees who is responsible in any way for the | 4887 |
| administration of that program and who performs those | 4888 |
| administrative responsibilities in good faith is in any manner | 4889 |
| liable if a legal aid society that is provided financial | 4890 |
| assistance under the program uses the financial assistance other | 4891 |
| than in accordance with sections 120.51 to 120.55 of the Revised | 4892 |
| Code or fails to comply with the requirements of those sections. | 4893 |
| (12) Establish an office for the handling of appeal and | 4894 |
| postconviction matters; | 4895 |
| (13) Provide technical aid and assistance to county public | 4896 |
| defender offices, joint county public defender offices, and other | 4897 |
| local counsel providing legal representation to indigent persons, | 4898 |
| including representation and assistance on appeals; | 4899 |
| (14) Provide reimbursement to counties for costs associated | 4900 |
| with programs governing persons serving as qualified volunteer | 4901 |
| guardians ad litem and court appointed special advocates pursuant | 4902 |
| to section 2151.281 of the Revised Code. The reimbursement shall | 4903 |
| be provided from money deposited in the indigent defense support | 4904 |
| fund created in section 120.08 of the Revised Code and from other | 4905 |
| moneys appropriated to the office of the Ohio public defender | 4906 |
| commission. The reimbursement required under division (B)(14) of | 4907 |
| this section shall be provided in accordance with rules adopted by | 4908 |
| the Ohio public defender commission under section 120.03 of the | 4909 |
| Revised Code. | 4910 |
| (C) The state public defender may do any of the following: | 4911 |
| (1) In providing legal representation, conduct | 4912 |
| investigations, obtain expert testimony, take depositions, use | 4913 |
| other discovery methods, order transcripts, and make all other | 4914 |
| preparations which are appropriate and necessary to an adequate | 4915 |
| defense or the prosecution of appeals and other legal proceedings; | 4916 |
| (2) Seek, solicit, and apply for grants for the operation of | 4917 |
| programs for the defense of indigent persons from any public or | 4918 |
| private source, and may receive donations, grants, awards, and | 4919 |
| similar funds from any lawful source. Such funds shall be | 4920 |
| deposited in the state treasury to the credit of the public | 4921 |
| defender gifts and grants fund, which is hereby created. | 4922 |
| (3) Make all the necessary arrangements to coordinate the | 4923 |
| services of the office with any federal, county, or private | 4924 |
| programs established to provide legal representation to indigent | 4925 |
| persons and others, and to obtain and provide all funds allowable | 4926 |
| under any such programs; | 4927 |
| (4) Consult and cooperate with professional groups concerned | 4928 |
| with the causes of criminal conduct, the reduction of crime, the | 4929 |
| rehabilitation and correction of persons convicted of crime, the | 4930 |
| administration of criminal justice, and the administration and | 4931 |
| operation of the state public defender's office; | 4932 |
| (5) Accept the services of volunteer workers and consultants | 4933 |
| at no compensation other than reimbursement for actual and | 4934 |
| necessary expenses; | 4935 |
| (6) Prescribe any forms that are necessary for the uniform | 4936 |
| operation of this chapter; | 4937 |
| (7) Contract with a county public defender commission or a | 4938 |
| joint county public defender commission to provide all or any part | 4939 |
| of the services that a county public defender or joint county | 4940 |
| public defender is required or permitted to provide by this | 4941 |
| chapter, or contract with a board of county commissioners of a | 4942 |
| county that is not served by a county public defender commission | 4943 |
| or a joint county public defender commission for the provision of | 4944 |
| services in accordance with section 120.33 of the Revised Code. | 4945 |
| All money received by the state public defender pursuant to such a | 4946 |
| contract shall be credited to either the multi-county: county | 4947 |
| share fund or, if received as a result of a contract with Trumbull | 4948 |
| county, the Trumbull county: county share fund. | 4949 |
| (8) Authorize persons employed as criminal investigators to | 4950 |
| attend the Ohio peace officer training academy or any other peace | 4951 |
| officer training school for training; | 4952 |
| (9) Procure a policy or policies of malpractice insurance | 4953 |
| that provide coverage for the state public defender and assistant | 4954 |
| state public defenders in connection with malpractice claims that | 4955 |
| may arise from their actions or omissions related to | 4956 |
| responsibilities derived pursuant to this chapter. | 4957 |
| (D) No person employed by the state public defender as a | 4958 |
| criminal investigator shall attend the Ohio peace officer training | 4959 |
| academy or any other peace officer training school unless | 4960 |
| authorized to do so by the state public defender. | 4961 |
| Sec. 120.08. There is hereby created in the state treasury | 4962 |
| the indigent defense support fund, consisting of money paid into | 4963 |
|
the fund pursuant to | 4964 |
|
and 4511.19 of the
Revised Code and
pursuant to | 4965 |
| 2937.22, 2949.091, and 2949.094 of the Revised Code out of the | 4966 |
|
additional court costs imposed under | 4967 |
| The state public defender shall use at least ninety per cent of | 4968 |
| the money in the fund for the purpose of reimbursing county | 4969 |
| governments for expenses incurred pursuant to sections 120.18, | 4970 |
| 120.28, and 120.33 of the Revised Code. Disbursements from the | 4971 |
|
fund to county governments
shall be
made
| 4972 |
| at least once per year and shall be allocated proportionately | 4973 |
| so that each county receives an equal percentage of its total | 4974 |
| cost for operating its county public defender system, its joint | 4975 |
|
county public defender
system, | 4976 |
| system, or its system operated under division (C)(7) of section | 4977 |
| 120.04 of the Revised Code and division (B) of section 120.33 of | 4978 |
| the Revised Code. The state public defender may use not more than | 4979 |
| ten per cent of the money in the fund for the purposes of | 4980 |
| appointing assistant state public defenders or for providing | 4981 |
| other personnel, equipment, and facilities necessary for the | 4982 |
| operation of the state public defender office. | 4983 |
| Sec. 120.52. (A) There is hereby established in the state | 4984 |
|
treasury the legal aid fund | 4985 |
| charitable public purpose of providing financial assistance to | 4986 |
| legal aid societies that provide civil legal services to | 4987 |
| indigents. The fund shall contain all funds credited to it by the | 4988 |
| treasurer of state pursuant to sections 1901.26, 1907.24, | 4989 |
| 2303.201, 2315.50, 3953.231, 4705.09, and 4705.10 of the Revised | 4990 |
| Code. | 4991 |
| (B) The treasurer of state may invest moneys contained in the | 4992 |
| legal aid fund in any manner authorized by the Revised Code for | 4993 |
| the investment of state moneys. However, no such investment shall | 4994 |
| interfere with any apportionment, allocation, or payment of moneys | 4995 |
| as required by section 120.53 of the Revised Code. | 4996 |
| (C) The state public defender, through the Ohio legal | 4997 |
| assistance foundation, shall administer the payment of moneys out | 4998 |
| of the fund. Four and one-half per cent of the moneys in the fund | 4999 |
| shall be reserved for the actual, reasonable costs of | 5000 |
| administering sections 120.51 to 120.55 and sections 1901.26, | 5001 |
| 1907.24, 2303.201, 2315.50, 3953.231, 4705.09, and 4705.10 of | 5002 |
| the Revised Code. Moneys that are reserved for administrative | 5003 |
| costs but that are not used for actual, reasonable administrative | 5004 |
| costs shall be set aside for use in the manner described in | 5005 |
| division (A) of section 120.521 of the Revised Code. The | 5006 |
| remainder of the moneys in the legal aid fund shall be distributed | 5007 |
| in accordance with section 120.53 of the Revised Code. The Ohio | 5008 |
| legal assistance foundation shall establish, in accordance with | 5009 |
| Chapter 119. of the Revised Code, rules governing the | 5010 |
| administration of the legal aid fund, including the programs | 5011 |
| established under sections 1901.26, 1907.24, 2303.201, 2315.50, | 5012 |
|
3953.231,
4705.09, and
4705.10 of the
Revised Code | 5013 |
| 5014 | |
| 5015 |
| Sec. 120.53. (A) A legal aid society that operates within | 5016 |
| the state may apply to the Ohio legal assistance foundation for | 5017 |
| financial assistance from the legal aid fund established by | 5018 |
| section 120.52 of the Revised Code to be used for the funding of | 5019 |
| the society during the calendar year following the calendar year | 5020 |
| in which application is made. | 5021 |
| (B) An application for financial assistance made under | 5022 |
| division (A) of this section shall be submitted by the first day | 5023 |
| of November of the calendar year preceding the calendar year for | 5024 |
| which financial assistance is desired and shall include all of the | 5025 |
| following: | 5026 |
| (1) Evidence that the applicant is incorporated in this state | 5027 |
| as a nonprofit corporation; | 5028 |
| (2) A list of the trustees of the applicant; | 5029 |
| (3) The proposed budget of the applicant for these funds for | 5030 |
| the following calendar year; | 5031 |
| (4) A summary of the services to be offered by the applicant | 5032 |
| in the following calendar year; | 5033 |
| (5) A specific description of the territory or constituency | 5034 |
| served by the applicant; | 5035 |
| (6) An estimate of the number of persons to be served by the | 5036 |
| applicant during the following calendar year; | 5037 |
| (7) A general description of the additional sources of the | 5038 |
| applicant's funding; | 5039 |
| (8) The amount of the applicant's total budget for the | 5040 |
| calendar year in which the application is filed that it will | 5041 |
| expend in that calendar year for legal services in each of the | 5042 |
| counties it serves; | 5043 |
| (9) A specific description of any services, programs, | 5044 |
| training, and legal technical assistance to be delivered by the | 5045 |
| applicant or by another person pursuant to a contract with the | 5046 |
| applicant, including, but not limited to, by private attorneys or | 5047 |
| through reduced fee plans, judicare panels, organized pro bono | 5048 |
| programs, and mediation programs. | 5049 |
| (C) The Ohio legal assistance foundation shall determine | 5050 |
| whether each applicant that filed an application for financial | 5051 |
| assistance under division (A) of this section in a calendar year | 5052 |
| is eligible for financial assistance under this section. To be | 5053 |
| eligible for such financial assistance, an applicant shall satisfy | 5054 |
| the criteria for being a legal aid society and shall be in | 5055 |
| compliance with the provisions of sections 120.51 to 120.55 of the | 5056 |
| Revised Code and with the rules and requirements the foundation | 5057 |
| establishes pursuant to section 120.52 of the Revised Code. The | 5058 |
| Ohio legal assistance foundation then, on or before the fifteenth | 5059 |
| day of December of the calendar year in which the application is | 5060 |
| filed, shall notify each such applicant, in writing, whether it is | 5061 |
| eligible for financial assistance under this section, and if it is | 5062 |
| eligible, estimate the amount that will be available for that | 5063 |
| applicant for each six-month distribution period, as determined | 5064 |
| under division (D) of this section. | 5065 |
| (D) The Ohio legal assistance foundation shall allocate | 5066 |
| moneys contained in the legal aid fund monthly for distribution to | 5067 |
| applicants that filed their applications in the previous calendar | 5068 |
| year and are determined to be eligible applicants. | 5069 |
| All moneys contained in the fund on the first day of each | 5070 |
| month shall be allocated, after deduction of the costs of | 5071 |
| administering sections 120.51 to 120.55 and sections 1901.26, | 5072 |
| 1907.24, 2303.201, 2315.50, 3953.231, 4705.09, and 4705.10 of the | 5073 |
| Revised Code that are authorized by section 120.52 of the Revised | 5074 |
| Code, according to this section and shall be distributed | 5075 |
| accordingly not later than the last day of the month following the | 5076 |
| month the moneys were received. In making the allocations under | 5077 |
| this section, the moneys in the fund that were generated pursuant | 5078 |
| to sections 1901.26, 1907.24, 2303.201, 2315.50, 3953.231, | 5079 |
| 4705.09, and 4705.10 of the Revised Code shall be apportioned as | 5080 |
| follows: | 5081 |
| (1) After deduction of the amount authorized and used for | 5082 |
| actual, reasonable administrative costs under section 120.52 of | 5083 |
| the Revised Code: | 5084 |
| (a) Five per cent of the moneys remaining in the fund shall | 5085 |
| be reserved for use in the manner described in division (A) of | 5086 |
| section 120.521 of the Revised Code or for distribution to legal | 5087 |
| aid societies that provide assistance to special population groups | 5088 |
| of their eligible clients, engage in special projects that have a | 5089 |
| substantial impact on their local service area or on significant | 5090 |
| segments of the state's poverty population, or provide legal | 5091 |
| training or support to other legal aid societies in the state; | 5092 |
| (b) After deduction of the amount described in division | 5093 |
| (D)(1)(a) of this section, one and three-quarters per cent of the | 5094 |
| moneys remaining in the fund shall be apportioned among entities | 5095 |
| that received financial assistance from the legal aid fund prior | 5096 |
|
to | 5097 |
|
and after
| 5098 |
| longer qualify as a legal aid society that is eligible for | 5099 |
| financial assistance under this section. | 5100 |
| (c) After deduction of the amounts described in divisions | 5101 |
| (D)(1)(a) and (b) of this section, fifteen per cent of the moneys | 5102 |
| remaining in the fund shall be placed in the legal assistance | 5103 |
| foundation fund for use in the manner described in division (A) of | 5104 |
| section 120.521 of the Revised Code. | 5105 |
| (2) After deduction of the actual, reasonable administrative | 5106 |
| costs under section 120.52 of the Revised Code and after deduction | 5107 |
| of the amounts identified in divisions (D)(1)(a), (b), and (c) of | 5108 |
| this section, the remaining moneys shall be apportioned among the | 5109 |
| counties that are served by eligible legal aid societies that have | 5110 |
| applied for financial assistance under this section so that each | 5111 |
| such county is apportioned a portion of those moneys, based upon | 5112 |
| the ratio of the number of indigents who reside in that county to | 5113 |
| the total number of indigents who reside in all counties of this | 5114 |
| state that are served by eligible legal aid societies that have | 5115 |
| applied for financial assistance under this section. Subject to | 5116 |
| division (E) of this section, the moneys apportioned to a county | 5117 |
| under this division then shall be allocated to the eligible legal | 5118 |
| aid society that serves the county and that has applied for | 5119 |
| financial assistance under this section. For purposes of this | 5120 |
| division, the source of data identifying the number of indigent | 5121 |
| persons who reside in a county shall be the most recent decennial | 5122 |
| census figures from the United States department of commerce, | 5123 |
| division of census. | 5124 |
| (E) If the Ohio legal assistance foundation, in attempting to | 5125 |
| make an allocation of moneys under division (D)(2) of this | 5126 |
| section, determines that a county that has been apportioned money | 5127 |
| under that division is served by more than one eligible legal aid | 5128 |
| society that has applied for financial assistance under this | 5129 |
| section, the Ohio legal assistance foundation shall allocate the | 5130 |
| moneys that have been apportioned to that county under division | 5131 |
| (D)(2) of this section among all eligible legal aid societies that | 5132 |
| serve that county and that have applied for financial assistance | 5133 |
| under this section on a pro rata basis, so that each such eligible | 5134 |
| society is allocated a portion based upon the amount of its total | 5135 |
| budget expended in the prior calendar year for legal services in | 5136 |
| that county as compared to the total amount expended in the prior | 5137 |
| calendar year for legal services in that county by all eligible | 5138 |
| legal aid societies that serve that county and that have applied | 5139 |
| for financial assistance under this section. | 5140 |
| (F) Moneys allocated to eligible applicants under this | 5141 |
| section shall be paid monthly beginning the calendar year | 5142 |
| following the calendar year in which the application is filed. | 5143 |
| (G)(1) A legal aid society that receives financial assistance | 5144 |
| in any calendar year under this section shall file an annual | 5145 |
| report with the Ohio legal assistance foundation detailing the | 5146 |
| number and types of cases handled, and the amount and types of | 5147 |
| legal training, legal technical assistance, and other service | 5148 |
| provided, by means of that financial assistance. No information | 5149 |
| contained in the report shall identify or enable the | 5150 |
| identification of any person served by the legal aid society or in | 5151 |
| any way breach client confidentiality. | 5152 |
| (2) The Ohio legal assistance foundation shall make an annual | 5153 |
| report to the governor, the general assembly, and the supreme | 5154 |
| court on the distribution and use of the legal aid fund. The | 5155 |
| foundation also shall include in the annual report an audited | 5156 |
| financial statement of all gifts, bequests, donations, | 5157 |
| contributions, and other moneys the foundation receives. No | 5158 |
| information contained in the report shall identify or enable the | 5159 |
| identification of any person served by a legal aid society, or in | 5160 |
| any way breach confidentiality. | 5161 |
| (H) A legal aid society may enter into agreements for the | 5162 |
| provision of services, programs, training, or legal technical | 5163 |
| assistance for the legal aid society or to indigent persons. | 5164 |
| Sec. 121.021. It is the policy of the state to improve | 5165 |
| customer service in state agencies. Each state agency shall | 5166 |
| emphasize improved customer service, efficiency, and productivity | 5167 |
| in employee orientation, personnel training, and employee | 5168 |
| performance reviews. | 5169 |
| Sec. 121.04. Offices are created within the several | 5170 |
| departments as follows: | 5171 |
| In the department of commerce: | 5172 |
| Commissioner of securities; | 5173 | |||
| Superintendent of real estate and professional licensing; | 5174 | |||
| Superintendent of financial institutions; | 5175 | |||
| State fire marshal; | 5176 | |||
| Superintendent of labor and worker safety; | 5177 | |||
| Superintendent of liquor control; | 5178 | |||
| Superintendent of industrial compliance; | 5179 | |||
| Superintendent of unclaimed funds. | 5180 |
| In the department of administrative services: | 5181 |
| State architect and engineer; | 5182 | |||
| Equal employment opportunity coordinator. | 5183 |
| In the department of agriculture: | 5184 |
| Chiefs of divisions as follows: | 5185 |
| Administration; | 5186 | |||
| Animal industry; | 5187 | |||
| Dairy; | 5188 | |||
| Food safety; | 5189 | |||
| Plant industry; | 5190 | |||
| Markets; | 5191 | |||
| Meat inspection; | 5192 | |||
| Consumer analytical laboratory; | 5193 | |||
| Amusement ride safety; | 5194 | |||
| Enforcement; | 5195 | |||
| Weights and measures. | 5196 |
| In the department of natural resources: | 5197 |
| Chiefs of divisions as follows: | 5198 |
| 5199 | ||||
| Mineral resources management; | 5200 | |||
| Forestry; | 5201 | |||
| Natural areas and preserves; | 5202 | |||
| Wildlife; | 5203 | |||
| Geological survey; | 5204 | |||
| Parks and recreation; | 5205 | |||
| Watercraft; | 5206 | |||
| Recycling and litter prevention; | 5207 | |||
| Soil and water |
5208 | |||
| 5209 | ||||
| Engineering. | 5210 |
| In the department of insurance: | 5211 |
| Deputy superintendent of insurance; | 5212 | |||
| Assistant superintendent of insurance, technical; | 5213 | |||
| Assistant superintendent of insurance, administrative; | 5214 | |||
| Assistant superintendent of insurance, research. | 5215 |
| Sec. 121.07. (A) Except as otherwise provided in this | 5216 |
| division, the officers mentioned in sections 121.04 and 121.05 of | 5217 |
| the Revised Code and the offices and divisions they administer | 5218 |
| shall be under the direction, supervision, and control of the | 5219 |
| directors of their respective departments, and shall perform such | 5220 |
| duties as the directors prescribe. In performing or exercising any | 5221 |
| of the examination or regulatory functions, powers, or duties | 5222 |
| vested by Title XI, Chapters 1733. and 1761., and sections 1315.01 | 5223 |
| to 1315.18 of the Revised Code in the superintendent of financial | 5224 |
| institutions, the superintendent of financial institutions and the | 5225 |
| division of financial institutions are independent of and are not | 5226 |
| subject to the control of the department or the director of | 5227 |
| commerce. In the absence of the superintendent of financial | 5228 |
| institutions, a deputy superintendent may, for a limited period of | 5229 |
| time, perform or exercise any of those functions, powers, or | 5230 |
| duties if written authorization is given by the superintendent of | 5231 |
| financial institutions. | 5232 |
| (B) With the approval of the governor, the director of each | 5233 |
| department shall establish divisions within the department, and | 5234 |
| distribute the work of the department among such divisions. Each | 5235 |
| officer created by section 121.04 of the Revised Code shall be the | 5236 |
| head of such a division. | 5237 |
| With the approval of the governor, the director of each | 5238 |
| department may consolidate any two or more of the offices created | 5239 |
| in the department by section 121.04 of the Revised Code, or reduce | 5240 |
| the number of or create new divisions therein. | 5241 |
| The director of each department may prescribe rules for the | 5242 |
| government of the department, the conduct of its employees, the | 5243 |
| performance of its business, and the custody, use, and | 5244 |
| preservation of the records, papers, books, documents, and | 5245 |
| property pertaining thereto. | 5246 |
| Sec. 121.25. As used in this section and in sections | 5247 |
| 121.251, 121.252, 121.253, 121.254, 121.255, 121.256, and 121.257 | 5248 |
| of the Revised Code: | 5249 |
| (A) "Rule" means the intended enactment of a new rule or the | 5250 |
| intended amendment or rescission of an existing rule. | 5251 |
| (B) "Rule-making agency" has the same meaning as in division | 5252 |
| (I) of section 119.01 of the Revised Code. | 5253 |
| (C) "Small business" means an independently owned and | 5254 |
| operated business entity, including its affiliates, having fewer | 5255 |
| than five hundred employees. | 5256 |
| Sec. 121.251. If a rule-making agency intends to adopt a rule | 5257 |
| on or after January 1, 2010, that, if adopted, may have any | 5258 |
| adverse impact on small businesses, the rule-making agency shall | 5259 |
| comply with sections 121.252 to 121.256 of the Revised Code | 5260 |
| before filing the rule under division (D) of section 111.15 or | 5261 |
| divisions (B) and (H) of section 119.03 of the Revised Code. The | 5262 |
| duty defined in this paragraph first applies with regard to the | 5263 |
| original version of a rule and then with regard to each revised | 5264 |
| version of the rule. | 5265 |
| Sections 121.252 to 121.256 of the Revised Code do not apply | 5266 |
| to an emergency rule adopted under division (B)(2) of section | 5267 |
| 111.15 or division (F) of section 119.03 of the Revised Code. But | 5268 |
| sections 121.252 to 121.256 of the Revised Code apply to a | 5269 |
| nonemergency rule that is intended to be filed under division | 5270 |
| (B)(1) of section 111.15 or divisions (B) and (H) of section | 5271 |
| 119.03 of the Revised Code to replace an emergency rule that | 5272 |
| expires under division (B)(2) of section 111.15 or division (F) | 5273 |
| of section 119.03 of the Revised Code. | 5274 |
| Sec. 121.252. The rule-making agency shall prepare a full | 5275 |
| text of the rule and shall do both of the following: | 5276 |
| (A) Conduct a cost-benefit analysis, weighing the following | 5277 |
| factors, to determine whether the effect of the rule on small | 5278 |
| businesses outweighs the benefits of the rule: | 5279 |
| (1) An identification and estimate of the number of small | 5280 |
| businesses that may be subject to the rule; | 5281 |
| (2) The projected reporting, recordkeeping, and other | 5282 |
| administrative costs required for compliance with the rule, | 5283 |
| including the type of technical or professional skills necessary | 5284 |
| for preparation of any report or record required by the rule; | 5285 |
| (3) A statement of the probable effect of the rule on the | 5286 |
| impacted small businesses identified under division (A)(1) of | 5287 |
| this section; | 5288 |
| (4) A description of any less intrusive or less costly | 5289 |
| alternative methods of achieving the purpose of the rule; and | 5290 |
| (5) Any other information the rule-making agency considers | 5291 |
| necessary to fully explain its cost-benefit analysis regarding the | 5292 |
| rule. | 5293 |
| (B) Conduct a regulatory flexibility analysis of how each of | 5294 |
| the following methods might reduce any adverse impact the rule | 5295 |
| may have on small businesses: | 5296 |
| (1) The establishment of less stringent compliance or | 5297 |
| reporting requirements for small businesses; | 5298 |
| (2) The establishment of less stringent schedules or | 5299 |
| deadlines for compliance or reporting requirements for small | 5300 |
| businesses; | 5301 |
| (3) The consolidation or simplification of compliance or | 5302 |
| reporting requirements for small businesses; | 5303 |
| (4) The establishment of performance standards for small | 5304 |
| businesses to replace design or operational standards required in | 5305 |
| the rule; and | 5306 |
| (5) The exemption of small businesses from any or all of the | 5307 |
| rule's requirements. | 5308 |
| Sec. 121.253. (A) The rule-making agency shall incorporate | 5309 |
| into the rule features the cost-benefit analysis indicates will | 5310 |
| reduce the cost and increase the benefit of the rule to small | 5311 |
| businesses, and features the regulatory flexibility analysis | 5312 |
| indicates will reduce any adverse impact the rule may have on | 5313 |
| small businesses. In both cases, the rule-making agency shall | 5314 |
| incorporate features into the rule only if they are feasible and | 5315 |
| not if doing so would be contrary to the statutory objectives that | 5316 |
| are the basis for the rule. | 5317 |
| (B) The rule-making agency shall prepare two reports as | 5318 |
| follows: | 5319 |
| (1) A cost-benefit report that describes the results of the | 5320 |
| cost-benefit analysis, that describes any features incorporated | 5321 |
| into the rule as a result of the cost-benefit analysis, and that | 5322 |
| explains how those features reduce the cost and increase the | 5323 |
| benefit of the rule to small businesses. | 5324 |
| (2) A regulatory flexibility report that describes the | 5325 |
| results of the regulatory flexibility analysis, that describes any | 5326 |
| features incorporated into the rule as a result of the regulatory | 5327 |
| flexibility analysis, and that explains how those features reduce | 5328 |
| any adverse impact the rule may have on small businesses. | 5329 |
| The rule-making agency shall include any supporting | 5330 |
| documentation for either analysis in an appendix to its report of | 5331 |
| the analysis unless the documentation is otherwise incorporated | 5332 |
| into the report. | 5333 |
| Sec. 121.254. The rule-making agency shall file all of the | 5334 |
| following in electronic form with the Ohio small business | 5335 |
| ombudsperson: | 5336 |
| (A) The full text of the rule; | 5337 |
| (B) The cost-benefit report; and | 5338 |
| (C) The regulatory flexibility report. | 5339 |
| Sec. 121.255. (A) Within seven days after receipt of a filing | 5340 |
| under section 121.254 of the Revised Code, the Ohio small | 5341 |
| business ombudsperson shall cause all of the following to be | 5342 |
| published in the register of Ohio for a period of thirty days: | 5343 |
| (1) The full text of the rule filed under that section; | 5344 |
| (2) The cost-benefit report; | 5345 |
| (3) The regulatory flexibility report; and | 5346 |
| (4) A notice informing persons that, during the thirty-day | 5347 |
| period, they may comment to the ombudsperson concerning any | 5348 |
| adverse impact the rule may have on small businesses. The notice | 5349 |
| shall explain how persons may communicate comments to the | 5350 |
| ombudsperson. | 5351 |
| (B) During the period beginning on the day notice of the | 5352 |
| right to comment is first published in the register of Ohio and | 5353 |
| ending thirty days thereafter, any person may comment to the | 5354 |
| ombudsperson concerning any adverse impact the rule may have on | 5355 |
| small businesses. The ombudsperson shall establish and maintain, | 5356 |
| or participate in, a web site having features that enable persons | 5357 |
| to comment electronically. And the ombudsperson shall establish a | 5358 |
| toll-free telephone number persons may call to make comments. The | 5359 |
| telephone answering point shall be equipped to record comments | 5360 |
| that are called in. | 5361 |
| (C)(1) Not later than three days after the day the comment | 5362 |
| period closes, the ombudsperson shall collate and review comments | 5363 |
| that are received with regard to a rule, and shall compile them | 5364 |
| in a report that describes in detail the substance of the | 5365 |
| comments and, in particular, any objections to the rule. | 5366 |
| (2) The ombudsperson shall forthwith cause the report to be | 5367 |
| published in the register of Ohio and shall file the report in | 5368 |
| electronic form with the rule-making agency that filed the rule | 5369 |
| and with the small business regulatory review board. At the same | 5370 |
| time, the ombudsperson shall file in electronic form with the | 5371 |
| board the full text of the rule, the cost-benefit report, and | 5372 |
| the regulatory flexibility report. | 5373 |
| (3) The ombudsperson may appear before the joint committee on | 5374 |
| agency rule review and testify concerning a rule-making agency's | 5375 |
| compliance with sections 121.252, 121.253, and 121.254 of the | 5376 |
| Revised Code. | 5377 |
| Sec. 121.256. (A)(1) Within thirty days after receiving a | 5378 |
| report from the Ohio small business ombudsperson, the small | 5379 |
| business regulatory review board may hold a meeting at which it | 5380 |
| shall review the report, the rule that is the subject of the | 5381 |
| report, the cost-benefit report, and the regulatory flexibility | 5382 |
| report, and shall determine whether the rule-making agency that | 5383 |
| filed the rule has complied with sections 121.252, 121.253, and | 5384 |
| 121.254 of the Revised Code. | 5385 |
| (2) The board may conduct a public hearing on the rule, at | 5386 |
| which any person having an interest in the rule may appear and | 5387 |
| offer comments on, or objections to, the rule insofar as it may | 5388 |
| have any adverse impact on small businesses. The board shall | 5389 |
| cause notice of such a public hearing to be published in the | 5390 |
| register of Ohio at least seven days before the date set for | 5391 |
| the hearing. In the notice, the board shall state the date and | 5392 |
| time when, and the place where, the public hearing will be | 5393 |
| held. | 5394 |
| (B)(1) If the board finds that a rule-making agency, in | 5395 |
| regard to a rule, has failed to comply with section 121.252, | 5396 |
| 121.253, or 121.254 of the Revised Code, the board shall issue in | 5397 |
| writing a determination of noncompliance that states the | 5398 |
| determination and explains why the rule fails to comply with | 5399 |
| those sections. The board may include in the determination of | 5400 |
| noncompliance suggested changes in the rule that will bring the | 5401 |
| rule into compliance with sections 121.252 and 121.253 of the | 5402 |
| Revised Code. | 5403 |
| (2) If the board finds that a rule-making agency, in regard | 5404 |
| to a rule, complied with sections 121.252, 121.253, and 121.254 of | 5405 |
| the Revised Code, the board shall issue in writing a | 5406 |
| determination of compliance that states such determination. | 5407 |
| (C)(1) The board shall file its determination in electronic | 5408 |
| form with the rule-making agency and shall cause its | 5409 |
| determination to be published in the register of Ohio. | 5410 |
| (2) If the rule-making agency proceeds to file the rule under | 5411 |
| division (B)(1) of section 111.15 or divisions (B) and (H) of | 5412 |
| section 119.03 of the Revised Code, the rule-making agency shall | 5413 |
| file with the joint committee on agency rule review the board's | 5414 |
| determination, the full text of the rule, the ombudsperson's | 5415 |
| report, the cost-benefit report, and the regulatory flexibility | 5416 |
| report. | 5417 |
| (D) If the board, within thirty days after receiving the | 5418 |
| ombudsperson's report, does not issue a determination to the | 5419 |
| rule-making agency, the board, in electronic form, shall return | 5420 |
| to the rule-making agency the full text of the rule, the | 5421 |
| cost-benefit report, and the regulatory flexibility report. The | 5422 |
| board shall note on the rule that it has not issued a | 5423 |
| determination with regard to the rule. The rule-making agency then | 5424 |
| may proceed to file the rule under division (B)(1) of section | 5425 |
| 111.15 or divisions (B) and (H) of section 119.03 of the Revised | 5426 |
| Code, but only if the rule that is so filed is substantially | 5427 |
| similar to the rule that was filed with the ombudsperson. | 5428 |
| Sec. 121.257. There is hereby created the small business | 5429 |
| regulatory review board, consisting of five members appointed by | 5430 |
| the governor, two members appointed by the president of the | 5431 |
| senate, and two members appointed by the speaker of the house of | 5432 |
| representatives. Each member shall represent small business. | 5433 |
| The terms of office of all members of the board shall be for | 5434 |
| three years, beginning on the first day of January and ending at | 5435 |
| the close of business on the thirty-first day of December. A | 5436 |
| vacancy on the board shall be filled in the same manner as the | 5437 |
| initial appointment. Any member appointed to fill a vacancy | 5438 |
| occurring prior to the expiration of the term for which the | 5439 |
| member's predecessor was appointed shall hold office for the | 5440 |
| remainder of the term. | 5441 |
| The governor shall designate the chairperson of the board | 5442 |
| from among the members appointed by the governor. The chairperson | 5443 |
| shall appoint a secretary from among the board's members. | 5444 |
| Five members of the board constitute a quorum, and the | 5445 |
| affirmative vote of five members is necessary for any action taken | 5446 |
| by the board. | 5447 |
| Members of the board shall serve without compensation, but | 5448 |
| shall be reimbursed for their necessary and actual expenses | 5449 |
| incurred in the performance of their board duties. | 5450 |
| Sec. 121.37. (A)(1) There is hereby created the Ohio family | 5451 |
| and children first cabinet council. The council shall be composed | 5452 |
| of the superintendent of public instruction and the directors of | 5453 |
| youth services, job and family services, mental health, health, | 5454 |
| alcohol and drug addiction services, mental retardation and | 5455 |
| developmental disabilities, aging, rehabilitation and correction, | 5456 |
| and budget and management. The chairperson of the council shall be | 5457 |
| the governor or the governor's designee and shall establish | 5458 |
| procedures for the council's internal control and management. | 5459 |
| The purpose of the cabinet council is to help families | 5460 |
| seeking government services. This section shall not be interpreted | 5461 |
| or applied to usurp the role of parents, but solely to streamline | 5462 |
| and coordinate existing government services for families seeking | 5463 |
| assistance for their children. | 5464 |
| (2) In seeking to fulfill its purpose, the council may do any | 5465 |
| of the following: | 5466 |
| (a) Advise and make recommendations to the governor and | 5467 |
| general assembly regarding the provision of services to children; | 5468 |
| (b) Advise and assess local governments on the coordination | 5469 |
| of service delivery to children; | 5470 |
| (c) Hold meetings at such times and places as may be | 5471 |
| prescribed by the council's procedures and maintain records of the | 5472 |
| meetings, except that records identifying individual children are | 5473 |
| confidential and shall be disclosed only as provided by law; | 5474 |
| (d) Develop programs and projects, including pilot projects, | 5475 |
| to encourage coordinated efforts at the state and local level to | 5476 |
| improve the state's social service delivery system; | 5477 |
| (e) Enter into contracts with and administer grants to county | 5478 |
| family and children first councils, as well as other county or | 5479 |
| multicounty organizations to plan and coordinate service delivery | 5480 |
| between state agencies and local service providers for families | 5481 |
| and children; | 5482 |
| (f) Enter into contracts with and apply for grants from | 5483 |
| federal agencies or private organizations; | 5484 |
| (g) Enter into interagency agreements to encourage | 5485 |
| coordinated efforts at the state and local level to improve the | 5486 |
| state's social service delivery system. The agreements may include | 5487 |
| provisions regarding the receipt, transfer, and expenditure of | 5488 |
| funds; | 5489 |
| (h) Identify public and private funding sources for services | 5490 |
| provided to alleged or adjudicated unruly children and children | 5491 |
| who are at risk of being alleged or adjudicated unruly children, | 5492 |
| including regulations governing access to and use of the services; | 5493 |
| (i) Collect information provided by local communities | 5494 |
| regarding successful programs for prevention, intervention, and | 5495 |
| treatment of unruly behavior, including evaluations of the | 5496 |
| programs; | 5497 |
| (j) Identify and disseminate publications regarding alleged | 5498 |
| or adjudicated unruly children and children who are at risk of | 5499 |
| being alleged or adjudicated unruly children and regarding | 5500 |
| programs serving those types of children; | 5501 |
| (k) Maintain an inventory of strategic planning facilitators | 5502 |
| for use by government or nonprofit entities that serve alleged or | 5503 |
| adjudicated unruly children or children who are at risk of being | 5504 |
| alleged or adjudicated unruly children. | 5505 |
| (3) The cabinet council shall provide for the following: | 5506 |
| (a) Reviews of service and treatment plans for children for | 5507 |
| which such reviews are requested; | 5508 |
| (b) Assistance as the council determines to be necessary to | 5509 |
| meet the needs of children referred by county family and children | 5510 |
| first councils; | 5511 |
| (c) Monitoring and supervision of a statewide, comprehensive, | 5512 |
| coordinated, multi-disciplinary, interagency system for infants | 5513 |
| and toddlers with developmental disabilities or delays and their | 5514 |
| families, as established pursuant to federal grants received and | 5515 |
| administered by the department of health for early intervention | 5516 |
| services under the "Individuals with Disabilities Education Act of | 5517 |
| 2004," 20 U.S.C.A. 1400, as amended. | 5518 |
| (4) The cabinet council shall develop and implement the | 5519 |
| following: | 5520 |
| (a) An interagency process to select the indicators that will | 5521 |
| be used to measure progress toward increasing child well-being in | 5522 |
| the state and to update the indicators on an annual basis. The | 5523 |
| indicators shall focus on expectant parents and newborns thriving; | 5524 |
| infants and toddlers thriving; children being ready for school; | 5525 |
| children and youth succeeding in school; youth choosing healthy | 5526 |
| behaviors; and youth successfully transitioning into adulthood. | 5527 |
| (b) An interagency system to offer guidance and monitor | 5528 |
| progress toward increasing child well-being in the state and in | 5529 |
| each county; | 5530 |
| (c) An annual plan that identifies state-level agency efforts | 5531 |
| taken to ensure progress towards increasing child well-being in | 5532 |
| the state. | 5533 |
| On an annual basis, the cabinet council shall submit to the | 5534 |
| governor and the general assembly a report on the status of | 5535 |
| efforts to increase child well-being in the state. This report | 5536 |
| shall be made available to any other person on request. | 5537 |
| (B)(1) Each board of county commissioners shall establish a | 5538 |
| county family and children first council. The board may invite any | 5539 |
| local public or private agency or group that funds, advocates, or | 5540 |
| provides services to children and families to have a | 5541 |
| representative become a permanent or temporary member of its | 5542 |
| county council. Each county council must include the following | 5543 |
| individuals: | 5544 |
| (a) At least three individuals who are not employed by an | 5545 |
| agency represented on the council and whose families are or have | 5546 |
| received services from an agency represented on the council or | 5547 |
| another county's council. Where possible, the number of members | 5548 |
| representing families shall be equal to twenty per cent of the | 5549 |
| council's membership. | 5550 |
| (b) The director of the board of alcohol, drug addiction, and | 5551 |
| mental health services that serves the county, or, in the case of | 5552 |
| a county that has a board of alcohol and drug addiction services | 5553 |
| and a community mental health board, the directors of both boards. | 5554 |
| If a board of alcohol, drug addiction, and mental health services | 5555 |
| covers more than one county, the director may designate a person | 5556 |
| to participate on the county's council. | 5557 |
| (c) The health commissioner, or the commissioner's designee, | 5558 |
| of the board of health of each city and general health district in | 5559 |
| the county. If the county has two or more health districts, the | 5560 |
| health commissioner membership may be limited to the commissioners | 5561 |
| of the two districts with the largest populations. | 5562 |
| (d) The director of the county department of job and family | 5563 |
| services; | 5564 |
| (e) The executive director of the public children services | 5565 |
| agency; | 5566 |
| (f) The superintendent of the county board of mental | 5567 |
| retardation and developmental disabilities; | 5568 |
| (g) The superintendent of the city, exempted village, or | 5569 |
| local school district with the largest number of pupils residing | 5570 |
| in the county, as determined by the department of education, which | 5571 |
| shall notify each board of county commissioners of its | 5572 |
| determination at least biennially; | 5573 |
| (h) A school superintendent representing all other school | 5574 |
| districts with territory in the county, as designated at a | 5575 |
| biennial meeting of the superintendents of those districts; | 5576 |
| (i) A representative of the municipal corporation with the | 5577 |
| largest population in the county; | 5578 |
| (j) The president of the board of county commissioners or an | 5579 |
| individual designated by the board; | 5580 |
| (k) A representative of the regional office of the department | 5581 |
| of youth services; | 5582 |
| (l) A representative of the county's head start agencies, as | 5583 |
| defined in section 3301.32 of the Revised Code; | 5584 |
| (m) A representative of the county's early intervention | 5585 |
| collaborative established pursuant to the federal early | 5586 |
| intervention program operated under the "Individuals with | 5587 |
| Disabilities Education Act of 2004"; | 5588 |
| (n) A representative of a local nonprofit entity that funds, | 5589 |
| advocates, or provides services to children and families. | 5590 |
| Notwithstanding any other provision of law, the public | 5591 |
| members of a county council are not prohibited from serving on the | 5592 |
| council and making decisions regarding the duties of the council, | 5593 |
| including those involving the funding of joint projects and those | 5594 |
| outlined in the county's service coordination mechanism | 5595 |
| implemented pursuant to division (C) of this section. | 5596 |
| The cabinet council shall establish a state appeals process | 5597 |
| to resolve disputes among the members of a county council | 5598 |
| concerning whether reasonable responsibilities as members are | 5599 |
| being shared. The appeals process may be accessed only by a | 5600 |
| majority vote of the council members who are required to serve on | 5601 |
| the council. Upon appeal, the cabinet council may order that state | 5602 |
| funds for services to children and families be redirected to a | 5603 |
| county's board of county commissioners. | 5604 |
| The county's juvenile court judge senior in service or | 5605 |
| another judge of the juvenile court designated by the | 5606 |
| administrative judge or, where there is no administrative judge, | 5607 |
| by the judge senior in service shall serve as the judicial advisor | 5608 |
| to the county family and children first council. The judge may | 5609 |
| advise the county council on the court's utilization of resources, | 5610 |
| services, or programs provided by the entities represented by the | 5611 |
| members of the county council and how those resources, services, | 5612 |
| or programs assist the court in its administration of justice. | 5613 |
| Service of a judge as a judicial advisor pursuant to this section | 5614 |
| is a judicial function. | 5615 |
| (2) The purpose of the county council is to streamline and | 5616 |
| coordinate existing government services for families seeking | 5617 |
| services for their children. In seeking to fulfill its purpose, a | 5618 |
| county council shall provide for the following: | 5619 |
| (a) Referrals to the cabinet council of those children for | 5620 |
| whom the county council cannot provide adequate services; | 5621 |
| (b) Development and implementation of a process that annually | 5622 |
| evaluates and prioritizes services, fills service gaps where | 5623 |
| possible, and invents new approaches to achieve better results for | 5624 |
| families and children; | 5625 |
| (c) Participation in the development of a countywide, | 5626 |
| comprehensive, coordinated, multi-disciplinary, interagency system | 5627 |
| for infants and toddlers with developmental disabilities or delays | 5628 |
| and their families, as established pursuant to federal grants | 5629 |
| received and administered by the department of health for early | 5630 |
| intervention services under the "Individuals with Disabilities | 5631 |
| Education Act of 2004"; | 5632 |
| (d) Maintenance of an accountability system to monitor the | 5633 |
| county council's progress in achieving results for families and | 5634 |
| children; | 5635 |
| (e) Establishment of a mechanism to ensure ongoing input from | 5636 |
| a broad representation of families who are receiving services | 5637 |
| within the county system. | 5638 |
| (3) A county council shall develop and implement the | 5639 |
| following: | 5640 |
| (a) An interagency process to establish local indicators and | 5641 |
| monitor the county's progress toward increasing child well-being | 5642 |
| in the county; | 5643 |
| (b) An interagency process to identify local priorities to | 5644 |
| increase child well-being. The local priorities shall focus on | 5645 |
| expectant parents and newborns thriving; infants and toddlers | 5646 |
| thriving; children being ready for school; children and youth | 5647 |
| succeeding in school; youth choosing healthy behaviors; and youth | 5648 |
| successfully transitioning into adulthood and take into account | 5649 |
| the indicators established by the cabinet council under division | 5650 |
| (A)(4)(a) of this section. | 5651 |
| (c) An annual plan that identifies the county's interagency | 5652 |
| efforts to increase child well-being in the county. | 5653 |
| On an annual basis, the county council shall submit a report | 5654 |
| on the status of efforts by the county to increase child | 5655 |
| well-being in the county to the county's board of county | 5656 |
| commissioners and the cabinet council. This report shall be made | 5657 |
| available to any other person on request. | 5658 |
| (4)(a) Except as provided in division (B)(4)(b) of this | 5659 |
| section, a county council shall comply with the policies, | 5660 |
| procedures, and activities prescribed by the rules or interagency | 5661 |
| agreements of a state department participating on the cabinet | 5662 |
| council whenever the county council performs a function subject to | 5663 |
| those rules or agreements. | 5664 |
| (b) On application of a county council, the cabinet council | 5665 |
| may grant an exemption from any rules or interagency agreements of | 5666 |
| a state department participating on the council if an exemption is | 5667 |
| necessary for the council to implement an alternative program or | 5668 |
| approach for service delivery to families and children. The | 5669 |
| application shall describe the proposed program or approach and | 5670 |
| specify the rules or interagency agreements from which an | 5671 |
| exemption is necessary. The cabinet council shall approve or | 5672 |
| disapprove the application in accordance with standards and | 5673 |
| procedures it shall adopt. If an application is approved, the | 5674 |
| exemption is effective only while the program or approach is being | 5675 |
| implemented, including a reasonable period during which the | 5676 |
| program or approach is being evaluated for effectiveness. | 5677 |
| (5)(a) Each county council shall designate an administrative | 5678 |
| agent for the council from among the following public entities: | 5679 |
| the board of alcohol, drug addiction, and mental health services, | 5680 |
| including a board of alcohol and drug addiction or a community | 5681 |
| mental health board if the county is served by separate boards; | 5682 |
| the board of county commissioners; any board of health of the | 5683 |
| county's city and general health districts; the county department | 5684 |
| of job and family services; the county agency responsible for the | 5685 |
| administration of children services pursuant to section 5153.15 of | 5686 |
| the Revised Code; the county board of mental retardation and | 5687 |
| developmental disabilities; any of the county's boards of | 5688 |
| education or governing boards of educational service centers; or | 5689 |
| the county's juvenile court. Any of the foregoing public entities, | 5690 |
| other than the board of county commissioners, may decline to serve | 5691 |
| as the council's administrative agent. | 5692 |
| A county council's administrative agent shall serve as the | 5693 |
| council's appointing authority for any employees of the council. | 5694 |
| The council shall file an annual budget with its administrative | 5695 |
| agent, with copies filed with the county auditor and with the | 5696 |
| board of county commissioners, unless the board is serving as the | 5697 |
| council's administrative agent. The council's administrative agent | 5698 |
| shall ensure that all expenditures are handled in accordance with | 5699 |
| policies, procedures, and activities prescribed by state | 5700 |
| departments in rules or interagency agreements that are applicable | 5701 |
| to the council's functions. | 5702 |
| The administrative agent of a county council shall send | 5703 |
| notice of a member's absence if a member listed in division (B)(1) | 5704 |
| of this section has been absent from either three consecutive | 5705 |
| meetings of the county council or a county council subcommittee, | 5706 |
| or from one-quarter of such meetings in a calendar year, whichever | 5707 |
| is less. The notice shall be sent to the board of county | 5708 |
| commissioners that establishes the county council and, for the | 5709 |
| members listed in divisions (B)(1)(b), (c), (e), and (l) of this | 5710 |
| section, to the governing board overseeing the respective entity; | 5711 |
| for the member listed in division (B)(1)(f) of this section, to | 5712 |
| the county board of mental retardation and developmental | 5713 |
| disabilities that employs the superintendent; for a member listed | 5714 |
| in division (B)(1)(g) or (h) of this section, to the school board | 5715 |
| that employs the superintendent; for the member listed in division | 5716 |
| (B)(1)(i) of this section, to the mayor of the municipal | 5717 |
| corporation; for the member listed in division (B)(1)(k) of this | 5718 |
| section, to the director of youth services; and for the member | 5719 |
| listed in division (B)(1)(n), to that member's board of trustees. | 5720 |
| The administrative agent for a county council may do any of | 5721 |
| the following on behalf of the council: | 5722 |
| (i) Enter into agreements or administer contracts with public | 5723 |
| or private entities to fulfill specific council business. Such | 5724 |
| agreements and contracts are exempt from the competitive bidding | 5725 |
| requirements of section 307.86 of the Revised Code if they have | 5726 |
| been approved by the county council and they are for the purchase | 5727 |
| of family and child welfare or child protection services or other | 5728 |
| social or job and family services for families and children. The | 5729 |
| approval of the county council is not required to exempt | 5730 |
| agreements or contracts entered into under section 5139.34, | 5731 |
| 5139.41, or 5139.43 of the Revised Code from the competitive | 5732 |
| bidding requirements of section 307.86 of the Revised Code. | 5733 |
| (ii) As determined by the council, provide financial | 5734 |
| stipends, reimbursements, or both, to family representatives for | 5735 |
| expenses related to council activity; | 5736 |
| (iii) Receive by gift, grant, devise, or bequest any moneys, | 5737 |
| lands, or other property for the purposes for which the council is | 5738 |
| established. The agent shall hold, apply, and dispose of the | 5739 |
| moneys, lands, or other property according to the terms of the | 5740 |
| gift, grant, devise, or bequest. Any interest or earnings shall be | 5741 |
| treated in the same manner and are subject to the same terms as | 5742 |
| the gift, grant, devise, or bequest from which it accrues. | 5743 |
| (b)(i) If the county council designates the board of county | 5744 |
| commissioners as its administrative agent, the board may, by | 5745 |
| resolution, delegate any of its powers and duties as | 5746 |
| administrative agent to an executive committee the board | 5747 |
| establishes from the membership of the county council. The board | 5748 |
| shall name to the executive committee at least the individuals | 5749 |
| described in divisions (B)(1)(b) to (h) of this section and may | 5750 |
| appoint the president of the board or another individual as the | 5751 |
| chair of the executive committee. The executive committee must | 5752 |
| include at least one family county council representative who does | 5753 |
| not have a family member employed by an agency represented on the | 5754 |
| council. | 5755 |
| (ii) The executive committee may, with the approval of the | 5756 |
| board, hire an executive director to assist the county council in | 5757 |
| administering its powers and duties. The executive director shall | 5758 |
| serve in the unclassified civil service at the pleasure of the | 5759 |
| executive committee. The executive director may, with the approval | 5760 |
| of the executive committee, hire other employees as necessary to | 5761 |
| properly conduct the county council's business. | 5762 |
| (iii) The board may require the executive committee to submit | 5763 |
| an annual budget to the board for approval and may amend or repeal | 5764 |
| the resolution that delegated to the executive committee its | 5765 |
| authority as the county council's administrative agent. | 5766 |
| (6) Two or more county councils may enter into an agreement | 5767 |
| to administer their county councils jointly by creating a regional | 5768 |
| family and children first council. A regional council possesses | 5769 |
| the same duties and authority possessed by a county council, | 5770 |
| except that the duties and authority apply regionally rather than | 5771 |
| to individual counties. Prior to entering into an agreement to | 5772 |
| create a regional council, the members of each county council to | 5773 |
| be part of the regional council shall meet to determine whether | 5774 |
| all or part of the members of each county council will serve as | 5775 |
| members of the regional council. | 5776 |
| (7) A board of county commissioners may approve a resolution | 5777 |
| by a majority vote of the board's members that requires the county | 5778 |
| council to submit a statement to the board each time the council | 5779 |
| proposes to enter into an agreement, adopt a plan, or make a | 5780 |
| decision, other than a decision pursuant to section 121.38 of the | 5781 |
| Revised Code, that requires the expenditure of funds for two or | 5782 |
| more families. The statement shall describe the proposed | 5783 |
| agreement, plan, or decision. | 5784 |
| Not later than fifteen days after the board receives the | 5785 |
| statement, it shall, by resolution approved by a majority of its | 5786 |
| members, approve or disapprove the agreement, plan, or decision. | 5787 |
| Failure of the board to pass a resolution during that time period | 5788 |
| shall be considered approval of the agreement, plan, or decision. | 5789 |
| An agreement, plan, or decision for which a statement is | 5790 |
| required to be submitted to the board shall be implemented only if | 5791 |
| it is approved by the board. | 5792 |
| (C) Each county shall develop a county service coordination | 5793 |
| mechanism. The county service coordination mechanism shall serve | 5794 |
| as the guiding document for coordination of services in the | 5795 |
| county. For children who also receive services under the help me | 5796 |
| grow program, the service coordination mechanism shall be | 5797 |
| consistent with rules adopted by the department of health under | 5798 |
| section 3701.61 of the Revised Code. All family service | 5799 |
| coordination plans shall be developed in accordance with the | 5800 |
| county service coordination mechanism. The mechanism shall be | 5801 |
| developed and approved with the participation of the county | 5802 |
| entities representing child welfare; mental retardation and | 5803 |
| developmental disabilities; alcohol, drug addiction, and mental | 5804 |
| health services; health; juvenile judges; education; the county | 5805 |
| family and children first council; and the county early | 5806 |
| intervention collaborative established pursuant to the federal | 5807 |
| early intervention program operated under the "Individuals with | 5808 |
| Disabilities Education Act of 2004." The county shall establish an | 5809 |
| implementation schedule for the mechanism. The cabinet council may | 5810 |
| monitor the implementation and administration of each county's | 5811 |
| service coordination mechanism. | 5812 |
| Each mechanism shall include all of the following: | 5813 |
| (1) A procedure for an agency, including a juvenile court, or | 5814 |
| a family voluntarily seeking service coordination, to refer the | 5815 |
| child and family to the county council for service coordination in | 5816 |
| accordance with the mechanism; | 5817 |
| (2) A procedure ensuring that a family and all appropriate | 5818 |
| staff from involved agencies, including a representative from the | 5819 |
| appropriate school district, are notified of and invited to | 5820 |
| participate in all family service coordination plan meetings; | 5821 |
| (3) A procedure that permits a family to initiate a meeting | 5822 |
| to develop or review the family's service coordination plan and | 5823 |
| allows the family to invite a family advocate, mentor, or support | 5824 |
| person of the family's choice to participate in any such meeting; | 5825 |
| (4) A procedure for ensuring that a family service | 5826 |
| coordination plan meeting is conducted for each child who receives | 5827 |
| service coordination under the mechanism and for whom an emergency | 5828 |
| out-of-home placement has been made or for whom a nonemergency | 5829 |
| out-of-home placement is being considered. The meeting shall be | 5830 |
| conducted within ten days of an emergency out-of-home placement. | 5831 |
| The meeting shall be conducted before a nonemergency out-of-home | 5832 |
| placement. The family service coordination plan shall outline how | 5833 |
| the county council members will jointly pay for services, where | 5834 |
| applicable, and provide services in the least restrictive | 5835 |
| environment. | 5836 |
| (5) A procedure for monitoring the progress and tracking the | 5837 |
| outcomes of each service coordination plan requested in the county | 5838 |
| including monitoring and tracking children in out-of-home | 5839 |
| placements to assure continued progress, appropriateness of | 5840 |
| placement, and continuity of care after discharge from placement | 5841 |
| with appropriate arrangements for housing, treatment, and | 5842 |
| education. | 5843 |
| (6) A procedure for protecting the confidentiality of all | 5844 |
| personal family information disclosed during service coordination | 5845 |
| meetings or contained in the comprehensive family service | 5846 |
| coordination plan. | 5847 |
| (7) A procedure for assessing the needs and strengths of any | 5848 |
| child or family that has been referred to the council for service | 5849 |
| coordination, including a child whose parent or custodian is | 5850 |
| voluntarily seeking services, and for ensuring that parents and | 5851 |
| custodians are afforded the opportunity to participate; | 5852 |
| (8) A procedure for development of a family service | 5853 |
| coordination plan described in division (D) of this section; | 5854 |
| (9) A local dispute resolution process to serve as the | 5855 |
| process that must be used first to resolve disputes among the | 5856 |
| agencies represented on the county council concerning the | 5857 |
| provision of services to children, including children who are | 5858 |
| abused, neglected, dependent, unruly, alleged unruly, or | 5859 |
| delinquent children and under the jurisdiction of the juvenile | 5860 |
| court and children whose parents or custodians are voluntarily | 5861 |
| seeking services. The local dispute resolution process shall | 5862 |
| comply with sections 121.38, 121.381, and 121.382 of the Revised | 5863 |
| Code. The local dispute resolution process shall be used to | 5864 |
| resolve disputes between a child's parents or custodians and the | 5865 |
| county council regarding service coordination. The county council | 5866 |
| shall inform the parents or custodians of their right to use the | 5867 |
| dispute resolution process. Parents or custodians shall use | 5868 |
| existing local agency grievance procedures to address disputes not | 5869 |
| involving service coordination. The dispute resolution process is | 5870 |
| in addition to and does not replace other rights or procedures | 5871 |
| that parents or custodians may have under other sections of the | 5872 |
| Revised Code. | 5873 |
| The cabinet council shall adopt rules in accordance with | 5874 |
| Chapter 119. of the Revised Code establishing an administrative | 5875 |
| review process to address problems that arise concerning the | 5876 |
| operation of a local dispute resolution process. | 5877 |
| Nothing in division (C)(4) of this section shall be | 5878 |
| interpreted as overriding or affecting decisions of a juvenile | 5879 |
| court regarding an out-of-home placement, long-term placement, or | 5880 |
| emergency out-of-home placement. | 5881 |
| (D) Each county shall develop a family service coordination | 5882 |
| plan that does all of the following: | 5883 |
| (1) Designates service responsibilities among the various | 5884 |
| state and local agencies that provide services to children and | 5885 |
| their families, including children who are abused, neglected, | 5886 |
| dependent, unruly, or delinquent children and under the | 5887 |
| jurisdiction of the juvenile court and children whose parents or | 5888 |
| custodians are voluntarily seeking services; | 5889 |
| (2) Designates an individual, approved by the family, to | 5890 |
| track the progress of the family service coordination plan, | 5891 |
| schedule reviews as necessary, and facilitate the family service | 5892 |
| coordination plan meeting process; | 5893 |
| (3) Ensures that assistance and services to be provided are | 5894 |
| responsive to the strengths and needs of the family, as well as | 5895 |
| the family's culture, race, and ethnic group, by allowing the | 5896 |
| family to offer information and suggestions and participate in | 5897 |
| decisions. Identified assistance and services shall be provided in | 5898 |
| the least restrictive environment possible. | 5899 |
| (4) Includes a process for dealing with a child who is | 5900 |
| alleged to be an unruly child. The process shall include methods | 5901 |
| to divert the child from the juvenile court system; | 5902 |
| (5) Includes timelines for completion of goals specified in | 5903 |
| the plan with regular reviews scheduled to monitor progress toward | 5904 |
| those goals; | 5905 |
| (6) Includes a plan for dealing with short-term crisis | 5906 |
| situations and safety concerns. | 5907 |
| (E)(1) The process provided for under division (D)(4) of this | 5908 |
| section may include, but is not limited to, the following: | 5909 |
| (a) Designation of the person or agency to conduct the | 5910 |
| assessment of the child and the child's family as described in | 5911 |
| division (C)(7) of this section and designation of the instrument | 5912 |
| or instruments to be used to conduct the assessment; | 5913 |
| (b) An emphasis on the personal responsibilities of the child | 5914 |
| and the parental responsibilities of the parents, guardian, or | 5915 |
| custodian of the child; | 5916 |
| (c) Involvement of local law enforcement agencies and | 5917 |
| officials. | 5918 |
| (2) The method to divert a child from the juvenile court | 5919 |
| system that must be included in the service coordination process | 5920 |
| may include, but is not limited to, the following: | 5921 |
| (a) The preparation of a complaint under section 2151.27 of | 5922 |
| the Revised Code alleging that the child is an unruly child and | 5923 |
| notifying the child and the parents, guardian, or custodian that | 5924 |
| the complaint has been prepared to encourage the child and the | 5925 |
| parents, guardian, or custodian to comply with other methods to | 5926 |
| divert the child from the juvenile court system; | 5927 |
| (b) Conducting a meeting with the child, the parents, | 5928 |
| guardian, or custodian, and other interested parties to determine | 5929 |
| the appropriate methods to divert the child from the juvenile | 5930 |
| court system; | 5931 |
| (c) A method to provide to the child and the child's family a | 5932 |
| short-term respite from a short-term crisis situation involving a | 5933 |
| confrontation between the child and the parents, guardian, or | 5934 |
| custodian; | 5935 |
| (d) A program to provide a mentor to the child or the | 5936 |
| parents, guardian, or custodian; | 5937 |
| (e) A program to provide parenting education to the parents, | 5938 |
| guardian, or custodian; | 5939 |
| (f) An alternative school program for children who are truant | 5940 |
| from school, repeatedly disruptive in school, or suspended or | 5941 |
| expelled from school; | 5942 |
| (g) Other appropriate measures, including, but not limited | 5943 |
| to, any alternative methods to divert a child from the juvenile | 5944 |
| court system that are identified by the Ohio family and children | 5945 |
| first cabinet council. | 5946 |
| (F) Each county may review and revise the service | 5947 |
| coordination process described in division (D) of this section | 5948 |
| based on the availability of funds under Title IV-A of the "Social | 5949 |
| Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended, | 5950 |
| or to the extent resources are available from any other federal, | 5951 |
| state, or local funds. | 5952 |
| Sec. 121.375. (A) A care coordination agency may provide the | 5953 |
| following information to the Ohio family and children first | 5954 |
| cabinet council: | 5955 |
| (1) The types of individuals the agency identifies as being | 5956 |
| at-risk individuals; | 5957 |
| (2) The total per-individual cost to the agency for care | 5958 |
| coordination services provided to at-risk individuals; | 5959 |
| (3) The administrative cost per individual for care | 5960 |
| coordination services provided to at-risk individuals; | 5961 |
| (4) The specific work products the agency purchased to | 5962 |
| provide care coordination services to at-risk individuals; | 5963 |
| (5) The strategies the agency uses to help at-risk | 5964 |
| individuals access available health and social services; | 5965 |
| (6) The agency's success in helping at-risk individuals | 5966 |
| access available health and social services; | 5967 |
| (7) The mechanisms the agency uses to identify and eliminate | 5968 |
| duplicate care coordination services. | 5969 |
| (B) The Ohio family and children first cabinet council may | 5970 |
| do either or both of the following: | 5971 |
| (1) Give incentives to encourage care coordination agencies | 5972 |
| to provide information to the council under this section; | 5973 |
| (2) Use the information provided to it under this section to | 5974 |
| help improve care coordination for at-risk individuals throughout | 5975 |
| the state. | 5976 |
| (C) The Ohio family and children first cabinet council shall | 5977 |
| adopt rules in accordance with Chapter 119. of the Revised Code to | 5978 |
| define the terms "at-risk individual" and "care coordination | 5979 |
| agency" for the purpose of this section. | 5980 |
| Sec. 121.376. (A) Not later than January 31 of each year, | 5981 |
| each public children services agency shall report to the Ohio | 5982 |
| family and children first cabinet council the number of times | 5983 |
| during the previous calendar year that a parent, guardian, or | 5984 |
| other person having custody of a child who has a mental illness as | 5985 |
| defined in section 5122.01 of the Revised Code voluntarily | 5986 |
| surrendered custody of the child to the agency pursuant to section | 5987 |
| 5103.15 of the Revised Code for the sole purpose of qualifying the | 5988 |
| child for government funded mental health services. | 5989 |
| (B) Not later than March 1 of each year, the cabinet council | 5990 |
| shall submit to the president of the senate and the speaker of the | 5991 |
| house of representatives a report of the results obtained pursuant | 5992 |
| to division (A) of this section. | 5993 |
| Sec. 121.39. (A) As used in this section, "environmental | 5994 |
| protection" means any of the following: | 5995 |
| (1) Protection of human health or safety, biological | 5996 |
| resources, or natural resources by preventing, reducing, or | 5997 |
| remediating the pollution or degradation of air, land, or water | 5998 |
| resources or by preventing or limiting the exposure of humans, | 5999 |
| animals, or plants to pollution; | 6000 |
| (2) Appropriation or regulation of privately owned property | 6001 |
| to preserve air, land, or water resources in a natural state or to | 6002 |
| wholly or partially restore them to a natural state; | 6003 |
| (3) Regulation of the collection, management, treatment, | 6004 |
| reduction, storage, or disposal of solid, hazardous, radioactive, | 6005 |
| or other wastes; | 6006 |
| (4) Plans or programs to promote or regulate the | 6007 |
| conservation, recycling, or reuse of energy, materials, or wastes. | 6008 |
| (B) Except as otherwise provided in division (E) of this | 6009 |
| section, when proposed legislation dealing with environmental | 6010 |
| protection or containing a component dealing with environmental | 6011 |
| protection is referred to a committee of the general assembly, | 6012 |
| other than a committee on rules or reference, the sponsor of the | 6013 |
| legislation, at the time of the first hearing of the legislation | 6014 |
| before the committee, shall submit to the members of the committee | 6015 |
| a written statement identifying either the documentation that is | 6016 |
| the basis of the legislation or the federal requirement or | 6017 |
| requirements with which the legislation is intended to comply. If | 6018 |
| the legislation is not based on documentation or has not been | 6019 |
| introduced to comply with a federal requirement or requirements, | 6020 |
| the written statement from the sponsor shall so indicate. | 6021 |
| Also at the time of the first hearing of the legislation | 6022 |
| before the committee, a statewide organization that represents | 6023 |
| businesses in this state and that elects its board of directors | 6024 |
| may submit to the members of the committee a written estimate of | 6025 |
| the costs to the regulated community in this state of complying | 6026 |
| with the legislation if it is enacted. | 6027 |
| At any hearing of the legislation before the committee, a | 6028 |
| representative of any state agency, environmental advocacy | 6029 |
| organization, or consumer advocacy organization or any private | 6030 |
| citizen may present documentation containing an estimate of the | 6031 |
| monetary and other costs to public health and safety and the | 6032 |
| environment and to consumers and residential utility customers, | 6033 |
| and the effects on property values, if the legislation is not | 6034 |
| enacted. | 6035 |
| (C) Until such time as the statement required under division | 6036 |
| (B) of this section is submitted to the committee to which | 6037 |
| proposed legislation dealing with environmental protection or | 6038 |
| containing a component dealing with environmental protection was | 6039 |
| referred, the legislation shall not be reported by that committee. | 6040 |
| This requirement does not apply if the component dealing with | 6041 |
| environmental protection is removed from the legislation or if | 6042 |
| two-thirds of the members of the committee vote in favor of a | 6043 |
| motion to report the proposed legislation. | 6044 |
| (D) Except as otherwise provided in division (E) of this | 6045 |
| section, prior to adopting a rule or an amendment proposed to a | 6046 |
| rule dealing with environmental protection or containing a | 6047 |
| component dealing with environmental protection, a state agency | 6048 |
| shall do all of the following: | 6049 |
| (1) Consult with organizations that represent political | 6050 |
| subdivisions, environmental interests, business interests, and | 6051 |
| other persons affected by the proposed rule or amendment; | 6052 |
| (2) Consider documentation relevant to the need for, the | 6053 |
| environmental benefits or consequences of, other benefits of, and | 6054 |
| the technological feasibility of the proposed rule or amendment; | 6055 |
| (3) Specifically identify whether the proposed rule or | 6056 |
| amendment is being adopted or amended to enable the state to | 6057 |
| obtain or maintain approval to administer and enforce a federal | 6058 |
| environmental law or to participate in a federal environmental | 6059 |
| program, whether the proposed rule or amendment is more stringent | 6060 |
| than its federal counterpart, and, if the proposed rule or | 6061 |
| amendment is more stringent, the rationale for not incorporating | 6062 |
| its federal counterpart; | 6063 |
| (4) Include with the proposed rule or amendment and the rule | 6064 |
|
summary and
fiscal
analysis required under | 6065 |
| section 127.18 of the Revised Code, when they are filed with the | 6066 |
| joint committee on agency rule review in accordance with division | 6067 |
| (D) of section 111.15 or division (H) of section 119.03 of the | 6068 |
| Revised Code, one of the following in electronic form, as | 6069 |
| applicable: | 6070 |
| (a) The information identified under division (D)(3) of this | 6071 |
| section and, if the proposed rule or amendment is more stringent | 6072 |
| than its federal counterpart, as identified in that division, the | 6073 |
| documentation considered under division (D)(2) of this section; | 6074 |
| (b) If an amendment proposed to a rule is being adopted or | 6075 |
| amended under a state statute that establishes standards with | 6076 |
| which the amendment shall comply, and the proposed amendment is | 6077 |
| more stringent than the rule that it is proposing to amend, the | 6078 |
| documentation considered under division (D)(2) of this section; | 6079 |
| (c) If division (D)(4)(a) or (b) of this section is not | 6080 |
| applicable, the documentation considered under division (D)(2) of | 6081 |
| this section. | 6082 |
| If the agency subsequently files a revision of such a | 6083 |
| proposed rule or amendment in accordance with division (D) of | 6084 |
| section 111.15 or division (H) of section 119.03 of the Revised | 6085 |
| Code, the revision shall be accompanied in electronic form by the | 6086 |
| applicable information or documentation. | 6087 |
| Division (D) of this section does not apply to any emergency | 6088 |
| rule adopted under division (B)(2) of section 111.15 or division | 6089 |
| (F) of section 119.03 of the Revised Code, but does apply to any | 6090 |
| such rule that subsequently is adopted as a nonemergency rule | 6091 |
| under either of those divisions. | 6092 |
| The information or documentation submitted under division | 6093 |
| (D)(4) of this section may be in the form of a summary or index of | 6094 |
| available knowledge or information and shall consist of or be | 6095 |
| based upon the best available generally accepted knowledge or | 6096 |
| information in the appropriate fields, as determined by the agency | 6097 |
| that prepared the documentation. | 6098 |
| (E) The statement required under division (B) and the | 6099 |
| information or documentation required under division (D) of this | 6100 |
| section need not be prepared or submitted with regard to a | 6101 |
| proposed statute or rule, or an amendment to a rule, if the | 6102 |
| statute, rule, or amendment is procedural or budgetary in nature, | 6103 |
| or governs the organization or operation of a state agency, and | 6104 |
| will not affect the substantive rights or obligations of any | 6105 |
| person other than a state agency or an employee or contractor of a | 6106 |
| state agency. | 6107 |
| (F) The insufficiency, incompleteness, or inadequacy of a | 6108 |
| statement, information, documentation, or a summary of information | 6109 |
| or documentation provided in accordance with division (B) or (D) | 6110 |
| of this section shall not be grounds for invalidation of any | 6111 |
| statute, rule, or amendment to a rule. | 6112 |
| (G) This section applies only to the following: | 6113 |
| (1) Legislation and components of legislation dealing with | 6114 |
| environmental protection that are introduced in the general | 6115 |
| assembly after March 5, 1996; | 6116 |
| (2) Rules and rule amendments dealing with environmental | 6117 |
| protection that are filed with the joint committee on agency rule | 6118 |
| review in accordance with division (D) of section 111.15 or | 6119 |
| division (H) of section 119.03 of the Revised Code after March 5, | 6120 |
| 1996. | 6121 |
| Sec. 121.40. (A) There is hereby created the Ohio community | 6122 |
| service council consisting of twenty-one voting members including | 6123 |
| the superintendent of public instruction or the superintendent's | 6124 |
| designee, the chancellor of the Ohio board of regents or the | 6125 |
| chancellor's designee, the director of youth services or the | 6126 |
| director's designee, the director of aging or the director's | 6127 |
| designee, the chairperson of the committee of the house of | 6128 |
| representatives dealing with education or the chairperson's | 6129 |
| designee, the chairperson of the committee of the senate dealing | 6130 |
| with education or the chairperson's designee, and fifteen members | 6131 |
| who shall be appointed by the governor with the advice and | 6132 |
| consent of the senate and who shall serve terms of office of three | 6133 |
| years. The appointees shall include educators, including teachers | 6134 |
| and administrators; representatives of youth organizations; | 6135 |
| students and parents; representatives of organizations engaged in | 6136 |
| volunteer program development and management throughout the state, | 6137 |
| including youth and conservation programs; and representatives of | 6138 |
| business, government, nonprofit organizations, social service | 6139 |
| agencies, veterans organizations, religious organizations, or | 6140 |
| philanthropies that support or encourage volunteerism within the | 6141 |
| state. The director of the governor's office of faith-based and | 6142 |
| community initiatives shall serve as a nonvoting ex officio member | 6143 |
| of the council. Members of the council shall receive no | 6144 |
| compensation, but shall be reimbursed for actual and necessary | 6145 |
| expenses incurred in the performance of their official duties. | 6146 |
| (B) The council shall appoint an executive director for the | 6147 |
| council, who shall be in the unclassified civil service. The | 6148 |
| executive director shall supervise the council's activities and | 6149 |
| report to the council on the progress of those activities. The | 6150 |
| executive director shall do all things necessary for the | 6151 |
| efficient and effective implementation of the duties of the | 6152 |
| council. | 6153 |
| The responsibilities assigned to the executive director do | 6154 |
| not relieve the members of the council from final responsibility | 6155 |
| for the proper performance of the requirements of this section. | 6156 |
| (C) The council or its designee shall do all of the | 6157 |
| following: | 6158 |
| (1) Employ, promote, supervise, and remove all employees as | 6159 |
| needed in connection with the performance of its duties under this | 6160 |
| section and may assign duties to those employees as necessary to | 6161 |
| achieve the most efficient performance of its functions, and to | 6162 |
| that end may establish, change, or abolish positions, and assign | 6163 |
| and reassign duties and responsibilities of any employee of the | 6164 |
| council. Personnel employed by the council who are subject to | 6165 |
| Chapter 4117. of the Revised Code shall retain all of their rights | 6166 |
| and benefits conferred pursuant to that chapter. Nothing in this | 6167 |
| chapter shall be construed as eliminating or interfering with | 6168 |
| Chapter 4117. of the Revised Code or the rights and benefits | 6169 |
| conferred under that chapter to public employees or to any | 6170 |
| bargaining unit. | 6171 |
| (2) Maintain its office in Columbus, and may hold sessions at | 6172 |
| any place within the state; | 6173 |
| (3) Acquire facilities, equipment, and supplies necessary to | 6174 |
| house the council, its employees, and files and records under its | 6175 |
| control, and to discharge any duty imposed upon it by law. The | 6176 |
| expense of these acquisitions shall be audited and paid for in the | 6177 |
| same manner as other state expenses. For that purpose, the council | 6178 |
| shall prepare and submit to the office of budget and management a | 6179 |
| budget for each biennium according to sections 101.532 and 107.03 | 6180 |
| of the Revised Code. The budget submitted shall cover the costs of | 6181 |
| the council and its staff in the discharge of any duty imposed | 6182 |
| upon the council by law. The council shall not delegate any | 6183 |
| authority to obligate funds. | 6184 |
| (4) Pay its own payroll and other operating expenses from | 6185 |
| line items designated by the general assembly; | 6186 |
| (5) Retain its fiduciary responsibility as appointing | 6187 |
| authority. Any transaction instructions shall be certified by the | 6188 |
| appointing authority or its designee. | 6189 |
| (6) Establish the overall policy and management of the | 6190 |
| council in accordance with this chapter; | 6191 |
| (7) Assist in coordinating and preparing the state | 6192 |
| application for funds under sections 101 to 184 of the "National | 6193 |
| and Community Service Act of 1990," 104 Stat. 3127 (1990), 42 | 6194 |
| U.S.C.A. 12411 to 12544, as amended, assist in administering and | 6195 |
| overseeing the "National and Community Service Trust Act of 1993," | 6196 |
| P.L. 103-82, 107 Stat. 785, and the americorps program in this | 6197 |
| state, and assist in developing objectives for a comprehensive | 6198 |
| strategy to encourage and expand community service programs | 6199 |
| throughout the state; | 6200 |
| (8) Assist the state board of education, school districts, | 6201 |
| the chancellor of the board of regents, and institutions of higher | 6202 |
| education in coordinating community service education programs | 6203 |
| through cooperative efforts between institutions and organizations | 6204 |
| in the public and private sectors; | 6205 |
| (9) Assist the departments of natural resources, youth | 6206 |
| services, aging, and job and family services in coordinating | 6207 |
| community service programs through cooperative efforts between | 6208 |
| institutions and organizations in the public and private sectors; | 6209 |
| (10) Suggest individuals and organizations that are available | 6210 |
| to assist school districts, institutions of higher education, and | 6211 |
| the departments of natural resources, youth services, aging, and | 6212 |
| job and family services in the establishment of community service | 6213 |
| programs and assist in investigating sources of funding for | 6214 |
| implementing these programs; | 6215 |
| (11) Assist in evaluating the state's efforts in providing | 6216 |
| community service programs using standards and methods that are | 6217 |
| consistent with any statewide objectives for these programs and | 6218 |
| provide information to the state board of education, school | 6219 |
| districts, the chancellor of the board of regents, institutions of | 6220 |
| higher education, and the departments of natural resources, youth | 6221 |
| services, aging, and job and family services to guide them in | 6222 |
| making decisions about these programs; | 6223 |
| (12) Assist the state board of education in complying with | 6224 |
| section 3301.70 of the Revised Code and the chancellor of the | 6225 |
| board of regents in complying with division (B)(2) of section | 6226 |
| 3333.043 of the Revised Code; | 6227 |
| (13) Advise, assist, consult with, and cooperate with, by | 6228 |
| contract or otherwise, agencies and political subdivisions of this | 6229 |
| state in establishing a statewide system for volunteers pursuant | 6230 |
| to section 121.404 of the Revised Code. | 6231 |
| (D) The | 6232 |
| into an agreement with another state agency to serve as the | 6233 |
|
council's
fiscal agent.
| 6234 |
| 6235 | |
| 6236 | |
| 6237 | |
| 6238 | |
| 6239 | |
| 6240 | |
| 6241 |
| | 6242 |
| 6243 | |
| fiscal agent shall be responsible for all the council's fiscal | 6244 |
| matters and financial transactions, as specified in the agreement. | 6245 |
| Services to be provided by the fiscal agent include, but are not | 6246 |
| limited to, the following: | 6247 |
| (1) Preparing and processing payroll and other personnel | 6248 |
|
documents that the
council executes as the appointing authority | 6249 |
| 6250 | |
| 6251 |
| (2) Maintaining ledgers of accounts and reports of account | 6252 |
| balances, and monitoring budgets and allotment plans in | 6253 |
|
consultation with the council | 6254 |
| 6255 | |
| 6256 |
| (3) Performing other routine support services that the | 6257 |
| 6258 | |
| 6259 | |
| achieve efficiency. | 6260 |
| (E)(1) The council | 6261 |
| consultation with the fiscal agent, has the following authority | 6262 |
| and responsibility relative to fiscal matters: | 6263 |
| (a) Sole authority to draw funds for any and all federal | 6264 |
| programs in which the council is authorized to participate; | 6265 |
| (b) Sole authority to expend funds from their accounts for | 6266 |
| programs and any other necessary expenses the council may incur | 6267 |
| and its subgrantees may incur; and | 6268 |
| (c) Responsibility to cooperate with and inform the | 6269 |
| 6270 | |
| 6271 |
| (2) The council shall follow all state procurement, fiscal, | 6272 |
| human resources, statutory, and administrative rule requirements. | 6273 |
| (3) The | 6274 |
| to be charged to the council, which shall be in proportion to the | 6275 |
| services performed for the council. | 6276 |
| (4) The council shall pay fees owed to the | 6277 |
| 6278 | |
| from any other fund from which the operating expenses of the | 6279 |
| council are paid. Any amounts set aside for a fiscal year for the | 6280 |
| payment of these fees shall be used only for the services | 6281 |
|
performed for the
council
by
the | 6282 |
| in that fiscal year. | 6283 |
| (F) The council may accept and administer grants from any | 6284 |
| source, public or private, to carry out any of the council's | 6285 |
| functions this section establishes. | 6286 |
| Sec. 121.401. (A) As used in this section and section | 6287 |
| 121.402 of the Revised Code, "organization or entity" and | 6288 |
| "unsupervised access to a child" have the same meanings as in | 6289 |
| section 109.574 of the Revised Code. | 6290 |
| (B) The | 6291 |
| a set of "recommended best practices" for organizations or | 6292 |
| entities to follow when one or more volunteers of the organization | 6293 |
| or entity have unsupervised access to one or more children or | 6294 |
| otherwise interact with one or more children. The "recommended | 6295 |
| best practices" shall focus on, but shall not be limited to, the | 6296 |
| issue of the safety of the children and, in addition, the | 6297 |
| screening and supervision of volunteers. The "recommended best | 6298 |
| practices" shall include as a recommended best practice that the | 6299 |
| organization or entity subject to a criminal records check | 6300 |
| performed by the bureau of criminal identification and | 6301 |
| investigation pursuant to section 109.57, section 109.572, or | 6302 |
| rules adopted under division (E) of section 109.57 of the Revised | 6303 |
| Code, all of the following: | 6304 |
| (1) All persons who apply to serve as a volunteer in a | 6305 |
| position in which the person will have unsupervised access to a | 6306 |
| child on a regular basis. | 6307 |
| (2) All volunteers who are in a position in which the person | 6308 |
| will have unsupervised access to a child on a regular basis and | 6309 |
| who the organization or entity has not previously subjected to a | 6310 |
| criminal records check performed by the bureau of criminal | 6311 |
| identification and investigation. | 6312 |
| (C) The set of "recommended best practices" required to be | 6313 |
| adopted by this section are in addition to the educational program | 6314 |
| required to be adopted under section 121.402 of the Revised Code. | 6315 |
| Sec. 121.402. (A) The | 6316 |
| council shall establish and maintain an educational program that | 6317 |
| does all of the following: | 6318 |
| (1) Makes available to parents and guardians of children | 6319 |
| notice about the provisions of sections 109.574 to 109.577, | 6320 |
| section 121.401, and section 121.402 of the Revised Code and | 6321 |
| information about how to keep children safe when they are under | 6322 |
| the care, custody, or control of a person other than the parent or | 6323 |
| guardian; | 6324 |
| (2) Makes available to organizations and entities information | 6325 |
| regarding the best methods of screening and supervising | 6326 |
| volunteers, how to obtain a criminal records check of a volunteer, | 6327 |
| confidentiality issues relating to reports of criminal records | 6328 |
| checks, and record keeping regarding the reports; | 6329 |
| (3) Makes available to volunteers information regarding the | 6330 |
| possibility of being subjected to a criminal records check and | 6331 |
| displaying appropriate behavior to minors; | 6332 |
| (4) Makes available to children advice on personal safety and | 6333 |
| information on what action to take if someone takes inappropriate | 6334 |
| action towards a child. | 6335 |
| (B) The program shall begin making the materials described in | 6336 |
|
this section available not later than | 6337 |
| 6338 |
| Sec. 122.05. (A) The director of development may, to carry | 6339 |
| out the purposes of division (E) of section 122.04 of the Revised | 6340 |
| Code: | 6341 |
| (1) Establish offices in foreign countries as the director | 6342 |
| considers appropriate and enter into leases of real property, | 6343 |
| buildings, and office space that are appropriate for these | 6344 |
| offices; | 6345 |
| (2) Appoint personnel, who shall be in the unclassified civil | 6346 |
| services, necessary to operate such offices and fix their | 6347 |
| compensation. The director may enter into contracts with foreign | 6348 |
| nationals to staff the foreign offices established under this | 6349 |
| section. | 6350 |
| (3) The director may establish United States dollar and | 6351 |
| foreign currency accounts for the payment of expenses related to | 6352 |
| the operation and maintenance of the offices established under | 6353 |
| this section. The director shall establish procedures acceptable | 6354 |
| to the director of budget and management for the conversion, | 6355 |
| transfer, and control of United States dollars and foreign | 6356 |
| currency. | 6357 |
| (4) Provide export promotion assistance to Ohio businesses | 6358 |
| and organize or support missions to foreign countries to promote | 6359 |
| export of Ohio products and services and to encourage foreign | 6360 |
| direct investment in Ohio. The director may charge fees to | 6361 |
| businesses receiving export assistance and to participants in | 6362 |
| foreign missions sufficient to recover the direct costs of those | 6363 |
| activities. The director shall adopt, as an internal management | 6364 |
| rule under section 111.15 of the Revised Code, a procedure for | 6365 |
| setting the fees and a schedule of fees for services commonly | 6366 |
| provided by the department. The procedure shall require the | 6367 |
| director to annually review the established fees. | 6368 |
| (5) Do all things necessary and appropriate for the operation | 6369 |
| of the state's foreign offices. | 6370 |
| (B) All contracts entered into under division (A)(2) of this | 6371 |
| section and any payments of expenses under division (A)(3) of this | 6372 |
| section related to the operation and maintenance of foreign | 6373 |
| offices established under this section may be paid in the | 6374 |
| appropriate foreign currency and are exempt from sections 127.16 | 6375 |
| and 5147.07 and Chapters 124., 125., and 153. of the Revised Code. | 6376 |
| Sec. 122.051. There is hereby created in the state treasury | 6377 |
| the international trade cooperative projects fund. The fund shall | 6378 |
|
consist of | 6379 |
| (A) Moneys received from private and nonprofit organizations | 6380 |
| involved in cooperative agreements related to import/export and | 6381 |
|
direct foreign investment activities | 6382 |
| (B) Cash transfers from other state agencies or any state or | 6383 |
| local government to encourage, promote, and assist trade and | 6384 |
| commerce between this state and foreign nations, pursuant to | 6385 |
| section 122.05 and division (E) of section 122.04 of the Revised | 6386 |
| Code; and | 6387 |
| (C) Fees charged to businesses receiving export assistance | 6388 |
| and to participants in foreign missions to recover direct costs of | 6389 |
| those activities under division (A)(4) of section 122.05 of the | 6390 |
| Revised Code. | 6391 |
| Sec. 122.075. (A) As used in this section: | 6392 |
| (1) "Alternative fuel" means blended biodiesel | 6393 |
| gasoline, or compressed air used in air-compression driven | 6394 |
| engines. | 6395 |
| (2) "Biodiesel" means a mono-alkyl ester combustible liquid | 6396 |
| fuel that is derived from vegetable oils or animal fats, or any | 6397 |
| combination of those reagents, and that meets American society for | 6398 |
| testing and materials specification D6751-03a for biodiesel fuel | 6399 |
| (B100) blend stock distillate fuels. | 6400 |
| (3) "Diesel fuel" and "gasoline" have the same meanings as in | 6401 |
| section 5735.01 of the Revised Code. | 6402 |
| (4) "Ethanol" has the same meaning as in section 5733.46 of | 6403 |
| the Revised Code. | 6404 |
| (5) "Blended biodiesel" means diesel fuel containing at least | 6405 |
| twenty per cent biodiesel by volume. | 6406 |
| (6) "Blended gasoline" means gasoline containing at least | 6407 |
| eighty-five per cent ethanol by volume. | 6408 |
| (7) "Incremental cost" means either of the following: | 6409 |
| (a) The difference in cost between blended gasoline and | 6410 |
| gasoline containing ten per cent or less ethanol at the time that | 6411 |
| the blended gasoline is purchased; | 6412 |
| (b) The difference in cost between blended biodiesel and | 6413 |
| diesel fuel containing two per cent or less biodiesel at the time | 6414 |
| that the blended biodiesel is purchased. | 6415 |
| (B) For the purpose of improving the air quality in this | 6416 |
| state, the director of development shall establish an alternative | 6417 |
| fuel transportation grant program under which the director may | 6418 |
| make grants to businesses, nonprofit organizations, public school | 6419 |
| systems, or local governments for the purchase and installation of | 6420 |
| alternative fuel refueling or distribution facilities and | 6421 |
| terminals, for the purchase and use of alternative fuel, and to | 6422 |
| pay the costs of educational and promotional materials and | 6423 |
| activities intended for prospective alternative fuel consumers, | 6424 |
| fuel marketers, and others in order to increase the availability | 6425 |
| and use of alternative fuel. | 6426 |
| (C) The director, in consultation with the director of | 6427 |
| agriculture, shall adopt rules in accordance with Chapter 119. of | 6428 |
| the Revised Code that are necessary for the administration of the | 6429 |
| alternative fuel transportation grant program. The rules shall | 6430 |
| establish at least all of the following: | 6431 |
| (1) An application form and procedures governing the | 6432 |
| application process for a grant under the program; | 6433 |
| (2) A procedure for prioritizing the award of grants under | 6434 |
| the program. The procedures shall give preference to all of the | 6435 |
| following: | 6436 |
| (a) Publicly accessible refueling facilities; | 6437 |
| (b) Entities seeking grants that have secured funding from | 6438 |
| other sources, including, but not limited to, private or federal | 6439 |
| grants; | 6440 |
| (c) Entities that have presented compelling evidence of | 6441 |
| demand in the market in which the facilities or terminals will be | 6442 |
| located; | 6443 |
| (d) Entities that have committed to utilizing purchased or | 6444 |
| installed facilities or terminals for the greatest number of | 6445 |
| years; | 6446 |
| (e) Entities that will be purchasing or installing facilities | 6447 |
| or terminals for both blended biodiesel and blended gasoline. | 6448 |
| (3) A requirement that the maximum grant for the purchase and | 6449 |
| installation of an alternative fuel refueling or distribution | 6450 |
| facility or terminal be eighty per cent of the cost of the | 6451 |
| facility or terminal, except that at least twenty per cent of the | 6452 |
| total net cost of the facility or terminal shall be incurred by | 6453 |
| the grant recipient and not compensated for by any other source; | 6454 |
| (4) A requirement that the maximum grant for the purchase of | 6455 |
| alternative fuel be eighty per cent of the incremental cost of the | 6456 |
| fuel; | 6457 |
| (5) Any other criteria, procedures, or guidelines that the | 6458 |
| director determines are necessary to administer the program. | 6459 |
| (D) An applicant for a grant under this section that sells | 6460 |
| motor vehicle fuel at retail shall agree that if the applicant | 6461 |
| receives a grant, the applicant will report to the director the | 6462 |
| gallon amounts of blended gasoline and blended biodiesel the | 6463 |
| applicant sells at retail in this state for a period of three | 6464 |
| years after the grant is awarded. | 6465 |
| The director shall enter into a written confidentiality | 6466 |
| agreement with the applicant regarding the gallon amounts sold as | 6467 |
| described in this division, and upon execution of the agreement | 6468 |
| this information is not a public record. | 6469 |
| (E) There is hereby created in the state treasury the | 6470 |
| alternative fuel transportation grant fund. The fund shall consist | 6471 |
| of money transferred to the fund under division (C) of section | 6472 |
| 125.836 of the Revised Code, money that is appropriated to it by | 6473 |
| the general assembly, and money as may be specified by the general | 6474 |
| assembly from the advanced energy fund created by section 4928.61 | 6475 |
| of the Revised Code. Money in the fund shall be used to make | 6476 |
| grants under the alternative fuel transportation grant program and | 6477 |
| by the director in the administration of that program. | 6478 |
| Sec. 122.08. (A) There is hereby created within the | 6479 |
| department of development an office to be known as the office of | 6480 |
| small business. The office shall be under the supervision of a | 6481 |
| manager appointed by the director of development. The manager | 6482 |
| shall be known as the Ohio small business ombudsperson. | 6483 |
| (B) The office and ombudsperson shall do all of the | 6484 |
| following: | 6485 |
| (1) Act as liaison between the small business community and | 6486 |
| state governmental agencies; | 6487 |
| (2) Furnish information and technical assistance to persons | 6488 |
| and small businesses concerning the establishment and maintenance | 6489 |
| of a small business, and concerning state laws and rules relevant | 6490 |
| to the operation of a small business. In conjunction with these | 6491 |
| duties, the office shall keep a record of all state agency rules | 6492 |
|
affecting | 6493 |
|
as defined in section | 6494 |
| ombudsperson may testify before the joint committee on agency | 6495 |
|
rule review
concerning any proposed rule affecting
| 6496 |
|
small
businesses | 6497 |
| (3) Prepare and publish the small business register under | 6498 |
| section 122.081 of the Revised Code; | 6499 |
| (4) Receive complaints from small businesses concerning | 6500 |
| governmental activity, compile and analyze those complaints, and | 6501 |
| periodically make recommendations to the governor and the general | 6502 |
| assembly on changes in state laws or agency rules needed to | 6503 |
| eliminate burdensome and unproductive governmental regulation to | 6504 |
| improve the economic climate within which small businesses | 6505 |
| operate; | 6506 |
| (5) Receive complaints or questions from small businesses and | 6507 |
| direct those businesses to the appropriate governmental agency. | 6508 |
| If, within a reasonable period of time, a complaint is not | 6509 |
| satisfactorily resolved or a question is not satisfactorily | 6510 |
| answered, the office shall, on behalf of the small business, make | 6511 |
| every effort to secure a satisfactory result. For this purpose, | 6512 |
| the office may consult with any state governmental agency and may | 6513 |
| make any suggestion or request that seems appropriate. | 6514 |
| (6) Utilize, to the maximum extent possible, the printed and | 6515 |
| electronic media to disseminate information of current concern and | 6516 |
| interest to the small business community and to make known to | 6517 |
| small businesses the services available through the office. The | 6518 |
| office shall publish such books, pamphlets, and other printed | 6519 |
| materials, and shall participate in such trade association | 6520 |
| meetings, conventions, fairs, and other meetings involving the | 6521 |
|
small business community, as the | 6522 |
| appropriate. | 6523 |
| (7) Prepare for inclusion in the department of development's | 6524 |
| annual report to the governor and general assembly, a description | 6525 |
| of the activities of the office and a report of the number of | 6526 |
|
rules affecting | 6527 |
| 6528 | |
| 6529 | |
| during the preceding calendar year; | 6530 |
| (8) Operate the Ohio first-stop business connection to assist | 6531 |
| individuals in identifying and preparing applications for business | 6532 |
| licenses, permits, and certificates and to serve as the central | 6533 |
| public distributor for all forms, applications, and other | 6534 |
| information related to business licensing. Each state agency, | 6535 |
| board, and commission shall cooperate in providing assistance, | 6536 |
| information, and materials to enable the connection to perform its | 6537 |
| duties under this division. | 6538 |
| (9) Comply with section 121.255 of the Revised Code; | 6539 |
| (10) Maintain and publicize a toll-free telephone number Ohio | 6540 |
| small businesses may call to reach the ombudsperson, who shall | 6541 |
| assist those small businesses in complying with state regulatory | 6542 |
| requirements; | 6543 |
| (11) Interface with other agencies to facilitate the | 6544 |
| resolution of small business regulatory issues; | 6545 |
| (12) Provide all necessary staff and support for the small | 6546 |
| business regulatory review board; | 6547 |
| (13) Interface with small businesses in an effort to create | 6548 |
| and retain jobs in this state; | 6549 |
| (14) Conduct an annual regulatory compliance audit to | 6550 |
| determine which, if any, rules pertaining to small businesses | 6551 |
| require duplicative reporting or recordkeeping of the same or | 6552 |
| substantially similar information for multiple regulatory | 6553 |
| entities; | 6554 |
| (15) Conduct an annual assessment that identifies which rules | 6555 |
| have any adverse impact on small businesses; and | 6556 |
| (16) Prepare an annual report and submit it to the governor | 6557 |
| and the general assembly on or before the first day of January | 6558 |
| each year. | 6559 |
| The report shall contain the results of the audit conducted | 6560 |
| under division (B)(14) of this section, and shall make | 6561 |
| recommendations on how to minimize any adverse impact of rules | 6562 |
| identified under division (B)(15) of this section. | 6563 |
| (C) The office | 6564 |
| assist the agency with the preparation of any rule that will | 6565 |
|
affect | 6566 |
| office shall train rule-making agency personnel on methods to be | 6567 |
| used under sections 121.252 and 121.253 of the Revised Code to | 6568 |
| conduct a cost-benefit analysis and prepare a cost-benefit | 6569 |
| report, and to conduct a regulatory flexibility analysis and | 6570 |
| prepare a regulatory flexibility report. | 6571 |
| (D) The director of development shall assign employees and | 6572 |
| furnish equipment and supplies to the office as the director | 6573 |
| considers necessary for the proper performance of the duties | 6574 |
| assigned to the office. | 6575 |
| Sec. 122.081. (A) The office of small business in the | 6576 |
| department of development shall prepare and publish a "small | 6577 |
| business register" or contract with any person as provided in this | 6578 |
| section to prepare and publish the register. The small business | 6579 |
| register shall contain the following information regarding each | 6580 |
| 6581 | |
|
business ombudsperson under
| 6582 |
| 121.253 of the Revised Code: | 6583 |
| (1) The proposed title and administrative code rule number of | 6584 |
|
the
| 6585 |
| (2) A brief summary of the | 6586 |
| (3) The date on which the | 6587 |
| 6588 | |
| 6589 |
| (4) The name, address, and telephone number of the individual | 6590 |
|
or office within the agency that | 6591 |
| 6592 | |
| 6593 | |
| 6594 |
| (B) The small business register shall be published on a | 6595 |
| weekly basis. The information required under division (A) of this | 6596 |
| section shall be published in the register no later than two weeks | 6597 |
|
after the | 6598 |
|
with the | 6599 |
| 6600 | |
| of small business shall furnish the small business register, on a | 6601 |
| single copy or subscription basis, to any person who requests it | 6602 |
| and pays a single copy price or subscription rate fixed by the | 6603 |
|
office. | 6604 |
| 6605 | |
| 6606 | |
| 6607 | |
| 6608 |
| (C) Upon the request of the office of small business, the | 6609 |
| director of administrative services shall, in accordance with the | 6610 |
| competitive selection procedure of Chapter 125. of the Revised | 6611 |
| Code, let a contract for the compilation, printing, and | 6612 |
| distribution of the small business register. | 6613 |
| (D) The office of small business shall adopt, and may amend | 6614 |
| or rescind, in accordance with Chapter 119. of the Revised Code, | 6615 |
| such rules as are necessary to enable it to properly carry out | 6616 |
| this section. | 6617 |
| Sec. 122.151. (A) An investor who proposes to make an | 6618 |
| investment of money in an Ohio entity may apply to an Edison | 6619 |
| center for a tax credit under this section. The Edison center | 6620 |
| shall prescribe the form of the application and any information | 6621 |
| that the investor must submit with the application. The investor | 6622 |
| shall include with the application a fee of two hundred dollars. | 6623 |
| The center, within three weeks after receiving the application, | 6624 |
| shall review it, determine whether the investor should be | 6625 |
| recommended for the tax credit, and send written notice of its | 6626 |
| initial determination to the industrial technology and enterprise | 6627 |
| advisory council and to the investor. If the center determines the | 6628 |
| investor should not be recommended for the tax credit, it shall | 6629 |
| include in the notice the reasons for the determination. Subject | 6630 |
| to divisions (C) and (D) of this section, an investor is eligible | 6631 |
| for a tax credit if all of the following requirements are met: | 6632 |
| (1) The investor's investment of money is in an Ohio entity | 6633 |
| engaged in a qualified trade or business. | 6634 |
| (2) The Ohio entity had less than two million five hundred | 6635 |
| thousand dollars of gross revenue during its most recently | 6636 |
| completed fiscal year or had a net book value of less than two | 6637 |
| million five hundred thousand dollars at the end of that fiscal | 6638 |
| year. | 6639 |
| (3) The investment takes the form of the purchase of common | 6640 |
| or preferred stock, a membership interest, a partnership interest, | 6641 |
| or any other ownership interest. | 6642 |
| (4) The amount of the investment for which the credit is | 6643 |
| being claimed does not exceed three hundred thousand dollars in | 6644 |
| the case of an investment in an EDGE business enterprise or in an | 6645 |
| Ohio entity located in a distressed area, or two hundred fifty | 6646 |
| thousand dollars in the case of an investment in any other Ohio | 6647 |
| entity. | 6648 |
| (5) The money invested is entirely at risk of loss, where | 6649 |
| repayment depends upon the success of the business operations of | 6650 |
| the Ohio entity. | 6651 |
| (6) No repayment of principal invested will be made for at | 6652 |
| least three years from the date the investment is made. | 6653 |
| (7) The annual combined amount of any dividend and interest | 6654 |
| payments to be made to the investor will not exceed ten per cent | 6655 |
| of the amount of the investment for at least three years from the | 6656 |
| date the investment is made. | 6657 |
| (8) The investor is not an employee with proprietary | 6658 |
| decision-making authority of the Ohio entity in which the | 6659 |
| investment of money is proposed, or related to such an individual. | 6660 |
| The Ohio entity is not an individual related to the investor. For | 6661 |
| purposes of this division, the industrial technology and | 6662 |
| enterprise advisory council shall define "an employee with | 6663 |
| proprietary decision-making authority." | 6664 |
| (9) The investor is not an insider. | 6665 |
| For the purposes of determining the net book value of an Ohio | 6666 |
| entity under division (A)(1) or (2) of this section, if the entity | 6667 |
| is a member of an affiliated group, the combined net book values | 6668 |
| of all of the members of that affiliated group shall be used. | 6669 |
| Nothing in division (A)(6) or (7) of this section limits or | 6670 |
| disallows the distribution to an investor in a pass-through entity | 6671 |
| of a portion of the entity's profits equal to the investor's | 6672 |
| federal, state, and local income tax obligations attributable to | 6673 |
| the investor's allocable share of the entity's profits. Nothing in | 6674 |
| division (A)(6) or (7) of this section limits or disallows the | 6675 |
| sale by an investor of part or all of the investor's interests in | 6676 |
| an Ohio entity by way of a public offering of shares in the Ohio | 6677 |
| entity. | 6678 |
| (B) A group of two but not more than twenty investors, each | 6679 |
| of whom proposes to make an investment of money in the same Ohio | 6680 |
| entity, may submit an application for tax credits under division | 6681 |
| (A) of this section. The group shall include with the application | 6682 |
| a fee of eight hundred dollars. The application shall identify | 6683 |
| each investor in the group and the amount of money each investor | 6684 |
| proposes to invest in the Ohio entity, and shall name a contact | 6685 |
| person for the group. The Edison center, within three weeks after | 6686 |
| receiving the application, shall review it, determine whether each | 6687 |
| investor of the group should be recommended for a tax credit under | 6688 |
| the conditions set forth in division (A) of this section, and send | 6689 |
| written notice of its determination to the industrial technology | 6690 |
| and enterprise advisory council and to the contact person. The | 6691 |
| center shall not recommend that a group of investors receive a tax | 6692 |
| credit unless each investor is eligible under those conditions. | 6693 |
| The center may disqualify from a group any investor who is not | 6694 |
| eligible under the conditions and recommend that the remaining | 6695 |
| group of investors receive the tax credit. If the center | 6696 |
| determines the group should not be recommended for the tax credit, | 6697 |
| it shall include in the notice the reasons for the determination. | 6698 |
| (C) The industrial technology and enterprise advisory council | 6699 |
| shall establish from among its members a three-person committee. | 6700 |
| Within four weeks after the council receives a notice of | 6701 |
| recommendation from an Edison center, the committee shall review | 6702 |
| the recommendation and issue a final determination of whether the | 6703 |
| investor or group is eligible for a tax credit under the | 6704 |
| conditions set forth in division (A) of this section. The | 6705 |
| committee may require the investor or group to submit additional | 6706 |
| information to support the application. The vote of at least two | 6707 |
| members of the committee is necessary for the issuance of a final | 6708 |
| determination or any other action of the committee. Upon making | 6709 |
| the final determination, the committee shall send written notice | 6710 |
| of approval or disapproval of the tax credit to the investor or | 6711 |
| group contact person, the director of development, and the Edison | 6712 |
| center. If the committee disapproves the tax credit, it shall | 6713 |
| include in the notice the reasons for the disapproval. | 6714 |
| (D)(1) The industrial technology and enterprise advisory | 6715 |
| council committee shall not approve more than one million five | 6716 |
| hundred thousand dollars of investments in any one Ohio entity. | 6717 |
| However, if a proposed investment of money in an Ohio entity has | 6718 |
| been approved but the investor does not actually make the | 6719 |
| investment, the committee may reassign the amount of that | 6720 |
| investment to another investor, as long as the total amount | 6721 |
| invested in the entity under this section does not exceed one | 6722 |
| million five hundred thousand dollars. | 6723 |
| If the one-million-five-hundred-thousand-dollar limit for an | 6724 |
| Ohio entity has not yet been reached and an application proposes | 6725 |
| an investment of money that would exceed the limit for that | 6726 |
| entity, the committee shall send written notice to the investor, | 6727 |
| or for a group, the contact person, that the investment cannot be | 6728 |
| approved as requested. Upon receipt of the notice, the investor | 6729 |
| or group may amend the application to propose an investment of | 6730 |
| money that does not exceed the limit. | 6731 |
| (2) Not more than | 6732 |
| credits shall be issued under sections 122.15 to 122.154 of the | 6733 |
| Revised Code. | 6734 |
| (E) If an investor makes an approved investment of less than | 6735 |
| two hundred fifty thousand dollars in any Ohio entity other than | 6736 |
| an EDGE business enterprise or in an Ohio entity located in a | 6737 |
| distressed area, the investor may apply for approval of another | 6738 |
| investment of money in that entity, as long as the total amount | 6739 |
| invested in that entity by the investor under this section does | 6740 |
| not exceed two hundred fifty thousand dollars. If an investor | 6741 |
| makes an approved investment of less than three hundred thousand | 6742 |
| dollars in an EDGE business enterprise or in an Ohio entity | 6743 |
| located in a distressed area, the investor may apply for approval | 6744 |
| of another investment of money in that entity, as long as the | 6745 |
| total amount invested in that entity by the investor under this | 6746 |
| section does not exceed three hundred thousand dollars. An | 6747 |
| investor who receives approval of an investment of money as part | 6748 |
| of a group may subsequently apply on an individual basis for | 6749 |
| approval of an additional investment of money in the Ohio entity. | 6750 |
| (F) The industrial technology and enterprise advisory council | 6751 |
| committee shall approve or disapprove tax credit applications | 6752 |
| under this section in the order in which they are received by the | 6753 |
| council. | 6754 |
| (G) The director of development may disapprove any | 6755 |
| application recommended by an Edison center and approved by the | 6756 |
| industrial technology and enterprise advisory council committee, | 6757 |
| or may disapprove a credit for which a tax credit certificate has | 6758 |
| been issued under section 122.152 of the Revised Code, if the | 6759 |
| director determines that the entity in which the applicant | 6760 |
| proposes to invest or has invested is not an Ohio entity eligible | 6761 |
| to receive investments that qualify for the credit. If the | 6762 |
| director disapproves an application, the director shall certify | 6763 |
| the action to the investor, the Edison center that recommended the | 6764 |
| application, the industrial technology and enterprise advisory | 6765 |
| council, and the tax commissioner, together with a written | 6766 |
| explanation of the reasons for the disapproval. If the director | 6767 |
| disapproves a tax credit after a tax credit certificate is issued, | 6768 |
| the investor shall not claim the credit for the taxable year that | 6769 |
| includes the day the director disapproves the credit, or for any | 6770 |
| subsequent taxable year. | 6771 |
| The director of development, in accordance with section | 6772 |
| 111.15 of the Revised Code and with the advice of the industrial | 6773 |
| technology and enterprise advisory council, may adopt, amend, and | 6774 |
| rescind rules necessary to implement sections 122.15 to 122.154 of | 6775 |
| the Revised Code. | 6776 |
| (H) An Edison center shall use application fees received | 6777 |
| under this section only for the costs of administering sections | 6778 |
| 122.15 to 122.154 of the Revised Code. | 6779 |
| Sec. 122.17. (A) As used in this section: | 6780 |
| (1) | 6781 |
| 6782 | |
| 6783 | |
| 6784 | |
| 6785 | |
| 6786 | |
| 6787 | |
| 6788 | |
| 6789 |
| | 6790 |
| | 6791 |
| 6792 | |
| 6793 | |
| 6794 |
| | 6795 |
| 6796 | |
| 6797 | |
| 6798 | |
| 6799 | |
| 6800 | |
| 6801 | |
| 6802 | |
| 6803 | |
| 6804 | |
| 6805 | |
| 6806 |
| | 6807 |
| 6808 |
| | 6809 |
| 6810 | |
| 6811 | |
| 6812 | |
| 6813 | |
| 6814 |
| | 6815 |
| 6816 |
| | 6817 |
| 6818 | |
| 6819 | |
| 6820 | |
| 6821 | |
| 6822 | |
| 6823 | |
| 6824 | |
| 6825 | |
| 6826 | |
| 6827 | |
| 6828 | |
| 6829 | |
| 6830 | |
| 6831 | |
| 6832 | |
| 6833 | |
| 6834 | |
| 6835 | |
| 6836 | |
| 6837 | |
| 6838 | |
| 6839 | |
| 6840 | |
| 6841 | |
| 6842 | |
| 6843 | |
| 6844 | |
| 6845 | |
| 6846 | |
| 6847 | |
| 6848 | |
| 6849 | |
| 6850 | |
| 6851 |
| | 6852 |
| withheld under section 5747.06 of the Revised Code by the | 6853 |
| taxpayer during the taxable year, or during the calendar year | 6854 |
|
that includes the
tax period, from the compensation of | 6855 |
| 6856 | |
| 6857 |
| | 6858 |
| 6859 | |
| 6860 | |
| to the extent the employee's withholdings are not used to | 6861 |
| determine the credit under section 122.171 of the Revised Code. | 6862 |
| "Income tax revenue" excludes amounts withheld before the day the | 6863 |
| taxpayer becomes eligible for the credit. | 6864 |
| (2) "Baseline income tax revenue" means income tax revenue | 6865 |
| except that the applicable withholding period is the twelve months | 6866 |
| immediately preceding the date the tax credit authority approves | 6867 |
| the taxpayer's application multiplied by the sum of one plus an | 6868 |
| annual pay increase factor to be determined by the tax credit | 6869 |
| authority. If the taxpayer becomes eligible for the credit after | 6870 |
| the first day of the taxpayer's taxable year or after the first | 6871 |
| day of the calendar year that includes the tax period, the | 6872 |
| taxpayer's baseline income tax revenue for the first such | 6873 |
| taxable or calendar year of credit eligibility shall be reduced in | 6874 |
| proportion to the number of days during the taxable or calendar | 6875 |
| year for which the taxpayer was not eligible for the credit. For | 6876 |
| subsequent taxable or calendar years, "baseline income tax | 6877 |
| revenue" equals the unreduced baseline income tax revenue for the | 6878 |
| preceding taxable or calendar year multiplied by the sum of one | 6879 |
| plus the pay increase factor. | 6880 |
| (3) "Excess income tax revenue" means income tax revenue | 6881 |
| minus baseline income tax revenue. | 6882 |
| (B) The tax credit authority may make grants under this | 6883 |
| section to foster job creation in this state. Such a grant shall | 6884 |
| take the form of a refundable credit allowed against the tax | 6885 |
| imposed by section 5725.18, 5729.03, 5733.06, or 5747.02 or levied | 6886 |
| under Chapter 5751. of the Revised Code. The credit shall be | 6887 |
| claimed for the taxable years or tax periods specified in the | 6888 |
| taxpayer's agreement with the tax credit authority under division | 6889 |
| (D) of this section. With respect to taxes imposed under section | 6890 |
| 5733.06 or 5747.02 or Chapter 5751. of the Revised Code, the | 6891 |
| credit shall be claimed in the order required under section | 6892 |
| 5733.98, 5747.98, or 5751.98 of the Revised Code. The amount of | 6893 |
| the credit available for a taxable year or for a calendar year | 6894 |
|
that includes a tax period equals the | 6895 |
| revenue for that year multiplied by the percentage specified in | 6896 |
| the agreement with the tax credit authority. Any credit granted | 6897 |
| under this section against the tax imposed by section 5733.06 or | 6898 |
| 5747.02 of the Revised Code, to the extent not fully utilized | 6899 |
| against such tax for taxable years ending prior to 2008, shall | 6900 |
| automatically be converted without any action taken by the tax | 6901 |
| credit authority to a credit against the tax levied under Chapter | 6902 |
| 5751. of the Revised Code for tax periods beginning on or after | 6903 |
| July 1, 2008, provided that the person to whom the credit was | 6904 |
| granted is subject to such tax. The converted credit shall apply | 6905 |
| to those calendar years in which the remaining taxable years | 6906 |
| specified in the agreement end. | 6907 |
| (C) A taxpayer or potential taxpayer who proposes a project | 6908 |
| to create new jobs in this state may apply to the tax credit | 6909 |
| authority to enter into an agreement for a tax credit under this | 6910 |
| section. The director of development shall prescribe the form of | 6911 |
| the application. After receipt of an application, the authority | 6912 |
| may enter into an agreement with the taxpayer for a credit under | 6913 |
| this section if it determines all of the following: | 6914 |
| (1) The taxpayer's project will | 6915 |
| increase payroll and income tax revenue; | 6916 |
| (2) The taxpayer's project is economically sound and will | 6917 |
| benefit the people of this state by increasing opportunities for | 6918 |
| employment and strengthening the economy of this state; | 6919 |
| (3) Receiving the tax credit is a major factor in the | 6920 |
| taxpayer's decision to go forward with the project. | 6921 |
| (D) An agreement under this section shall include all of the | 6922 |
| following: | 6923 |
| (1) A detailed description of the project that is the subject | 6924 |
| of the agreement; | 6925 |
| (2) The term of the tax credit, which shall not exceed | 6926 |
| fifteen years, and the first taxable year, or first calendar year | 6927 |
| that includes a tax period, for which the credit may be claimed; | 6928 |
| (3) A requirement that the taxpayer shall maintain operations | 6929 |
|
at the project location for at least | 6930 |
| 6931 | |
| of the credit plus three years; | 6932 |
| (4) The percentage, as determined by the tax credit | 6933 |
|
authority, of | 6934 |
| as the amount of the credit for each taxable year or for each | 6935 |
| calendar year that includes a tax period; | 6936 |
| (5) | 6937 |
| 6938 | |
| 6939 | |
| taxpayer's baseline income tax revenue; | 6940 |
| (6) A requirement that the taxpayer annually shall report to | 6941 |
|
the director of development | 6942 |
| 6943 | |
| 6944 | |
| information the director needs to perform the director's duties | 6945 |
| under this section; | 6946 |
| (7) A requirement that the director of development annually | 6947 |
| 6948 | |
|
division (D)(6)
of this
section | 6949 |
| 6950 | |
| 6951 | |
| is in compliance, a requirement that the director issue a | 6952 |
| certificate to the taxpayer stating that the information has been | 6953 |
| verified and identifying the amount of the credit that may be | 6954 |
| claimed for the taxable or calendar year; | 6955 |
| (8) | 6956 |
| 6957 | |
| 6958 | |
| 6959 | |
| 6960 | |
| 6961 | |
| 6962 |
| | 6963 |
| 6964 | |
| 6965 | |
| 6966 |
| | 6967 |
| 6968 | |
| 6969 | |
| 6970 |
| | 6971 |
| relocate a substantial number of employment positions from | 6972 |
| elsewhere in this state to the project location unless the | 6973 |
| director of development determines that the legislative authority | 6974 |
| of the county, township, or municipal corporation from which the | 6975 |
| employment positions would be relocated has been notified by the | 6976 |
| taxpayer of the relocation. | 6977 |
| For purposes of this section, the movement of an employment | 6978 |
| position from one political subdivision to another political | 6979 |
| subdivision shall be considered a relocation of an employment | 6980 |
|
position | 6981 |
| 6982 | |
| 6983 | |
| 6984 | |
| 6985 | |
| first political subdivision is replaced. | 6986 |
| (E) If a taxpayer fails to meet or comply with any condition | 6987 |
| or requirement set forth in a tax credit agreement, the tax credit | 6988 |
| authority may amend the agreement to reduce the percentage or term | 6989 |
|
of the tax credit. The reduction of the
percentage or term | 6990 |
| 6991 | |
| 6992 | |
| 6993 | |
| 6994 | |
| 6995 | |
| 6996 | |
| 6997 | |
| 6998 | |
| 6999 | |
| 7000 | |
| 7001 | |
| 7002 | |
| 7003 | |
| 7004 | |
| 7005 | |
| 7006 | |
| 7007 | |
| 7008 | |
| 7009 | |
| 7010 | |
| 7011 | |
| in the current taxable or calendar year. | 7012 |
| (F) Projects that consist solely of point-of-final-purchase | 7013 |
| retail facilities are not eligible for a tax credit under this | 7014 |
| section. If a project consists of both point-of-final-purchase | 7015 |
| retail facilities and nonretail facilities, only the portion of | 7016 |
| the project consisting of the nonretail facilities is eligible for | 7017 |
|
a tax credit and only the
| 7018 |
| 7019 | |
| computing the amount of the tax credit. If a warehouse facility is | 7020 |
| part of a point-of-final-purchase retail facility and supplies | 7021 |
| only that facility, the warehouse facility is not eligible for a | 7022 |
| tax credit. Catalog distribution centers are not considered | 7023 |
| point-of-final-purchase retail facilities for the purposes of this | 7024 |
| division, and are eligible for tax credits under this section. | 7025 |
| (G) Financial statements and other information submitted to | 7026 |
| the department of development or the tax credit authority by an | 7027 |
| applicant or recipient of a tax credit under this section, and any | 7028 |
| information taken for any purpose from such statements or | 7029 |
| information, are not public records subject to section 149.43 of | 7030 |
| the Revised Code. However, the chairperson of the authority may | 7031 |
| make use of the statements and other information for purposes of | 7032 |
| issuing public reports or in connection with court proceedings | 7033 |
| concerning tax credit agreements under this section. Upon the | 7034 |
| request of the tax commissioner or, if the applicant or recipient | 7035 |
| is an insurance company, upon the request of the superintendent of | 7036 |
| insurance, the chairperson of the authority shall provide to the | 7037 |
| commissioner or superintendent any statement or information | 7038 |
| submitted by an applicant or recipient of a tax credit in | 7039 |
| connection with the credit. The commissioner or superintendent | 7040 |
| shall preserve the confidentiality of the statement or | 7041 |
| information. | 7042 |
| (H) A taxpayer claiming a credit under this section shall | 7043 |
| submit to the tax commissioner or, if the taxpayer is an insurance | 7044 |
| company, to the superintendent of insurance, a copy of the | 7045 |
| director of development's certificate of verification under | 7046 |
| division (D)(7) of this section with the taxpayer's tax report or | 7047 |
| return for the taxable year or for the calendar year that includes | 7048 |
| the tax period. Failure to submit a copy of the certificate with | 7049 |
| the report or return does not invalidate a claim for a credit if | 7050 |
| the taxpayer submits a copy of the certificate to the commissioner | 7051 |
| or superintendent within sixty days after the commissioner or | 7052 |
| superintendent requests it. | 7053 |
| (I) The director of development, after consultation with the | 7054 |
| tax commissioner and the superintendent of insurance and in | 7055 |
| accordance with Chapter 119. of the Revised Code, shall adopt | 7056 |
| rules necessary to implement this section. The rules may provide | 7057 |
| for recipients of tax credits under this section to be charged | 7058 |
| fees to cover administrative costs of the tax credit program. The | 7059 |
| fees collected shall be credited to the tax incentive programs | 7060 |
| operating fund created in section 122.174 of the Revised Code. At | 7061 |
| the time the director gives public notice under division (A) of | 7062 |
| section 119.03 of the Revised Code of the adoption of the rules, | 7063 |
| the director shall submit copies of the proposed rules to the | 7064 |
| chairpersons of the standing committees on economic development in | 7065 |
| the senate and the house of representatives. | 7066 |
| (J) For the purposes of this section, a taxpayer may include | 7067 |
| a partnership, a corporation that has made an election under | 7068 |
| subchapter S of chapter one of subtitle A of the Internal Revenue | 7069 |
| Code, or any other business entity through which income flows as a | 7070 |
| distributive share to its owners. A partnership, S-corporation, or | 7071 |
| other such business entity may elect to pass the credit received | 7072 |
| under this section through to the persons to whom the income or | 7073 |
| profit of the partnership, S-corporation, or other entity is | 7074 |
| distributed. The election shall be made on the annual report | 7075 |
| required under division (D)(6) of this section. The election | 7076 |
| applies to and is irrevocable for the credit for which the report | 7077 |
| is submitted. If the election is made, the credit shall be | 7078 |
| apportioned among those persons in the same proportions as those | 7079 |
| in which the income or profit is distributed. | 7080 |
| (K) If the director of development determines that a taxpayer | 7081 |
| who has received a credit under this section is not complying with | 7082 |
| the requirement under division (D)(3) of this section, the | 7083 |
| director shall notify the tax credit authority of the | 7084 |
| noncompliance. After receiving such a notice, and after giving the | 7085 |
| taxpayer an opportunity to explain the noncompliance, the tax | 7086 |
| credit authority may require the taxpayer to refund to this state | 7087 |
| a portion of the credit in accordance with the following: | 7088 |
| (1) If the taxpayer maintained operations at the project | 7089 |
|
location for | 7090 |
| 7091 | |
| 7092 | |
| 7093 |
| | 7094 |
| 7095 | |
| 7096 | |
| 7097 |
| | 7098 |
| 7099 | |
| 7100 | |
| 7101 | |
| than or equal to the term of the credit, an amount not exceeding | 7102 |
| one hundred per cent of the sum of any credits allowed and | 7103 |
| received under this section; | 7104 |
| (2) If the taxpayer maintained operations at the project | 7105 |
| location for a period longer than the term of the credit, but less | 7106 |
| than the greater of seven years or the term of the credit plus | 7107 |
| three years, an amount not exceeding seventy-five per cent of the | 7108 |
| sum of any credits allowed and received under this section. | 7109 |
| In determining the portion of the tax credit to be refunded | 7110 |
| to this state, the tax credit authority shall consider the effect | 7111 |
| of market conditions on the taxpayer's project and whether the | 7112 |
| taxpayer continues to maintain other operations in this state. | 7113 |
| After making the determination, the authority shall certify the | 7114 |
| amount to be refunded to the tax commissioner or superintendent of | 7115 |
| insurance, as appropriate. If the amount is certified to the | 7116 |
| commissioner, the commissioner shall make an assessment for that | 7117 |
| amount against the taxpayer under Chapter 5733., 5747., or 5751. | 7118 |
| of the Revised Code. If the amount is certified to the | 7119 |
| superintendent, the superintendent shall make an assessment for | 7120 |
| that amount against the taxpayer under Chapter 5725. or 5729. of | 7121 |
| the Revised Code. The time limitations on assessments under those | 7122 |
| chapters do not apply to an assessment under this division, but | 7123 |
| the commissioner or superintendent, as appropriate, shall make the | 7124 |
| assessment within one year after the date the authority certifies | 7125 |
| to the commissioner or superintendent the amount to be refunded. | 7126 |
| (L) On or before the | 7127 |
| each year, the director of development shall submit a report to | 7128 |
| the governor, the president of the senate, and the speaker of the | 7129 |
| house of representatives on the tax credit program under this | 7130 |
| section. The report shall include information on the number of | 7131 |
| agreements that were entered into under this section during the | 7132 |
| preceding calendar year, a description of the project that is the | 7133 |
| subject of each such agreement, and an update on the status of | 7134 |
| projects under agreements entered into before the preceding | 7135 |
| calendar year. | 7136 |
| (M) There is hereby created the tax credit authority, which | 7137 |
| consists of the director of development and four other members | 7138 |
| appointed as follows: the governor, the president of the senate, | 7139 |
| and the speaker of the house of representatives each shall appoint | 7140 |
| one member who shall be a specialist in economic development; the | 7141 |
| governor also shall appoint a member who is a specialist in | 7142 |
| taxation. Of the initial appointees, the members appointed by the | 7143 |
| governor shall serve a term of two years; the members appointed by | 7144 |
| the president of the senate and the speaker of the house of | 7145 |
| representatives shall serve a term of four years. Thereafter, | 7146 |
| terms of office shall be for four years. Initial appointments to | 7147 |
| the authority shall be made within thirty days after January 13, | 7148 |
| 1993. Each member shall serve on the authority until the end of | 7149 |
| the term for which the member was appointed. Vacancies shall be | 7150 |
| filled in the same manner provided for original appointments. Any | 7151 |
| member appointed to fill a vacancy occurring prior to the | 7152 |
| expiration of the term for which the member's predecessor was | 7153 |
| appointed shall hold office for the remainder of that term. | 7154 |
| Members may be reappointed to the authority. Members of the | 7155 |
| authority shall receive their necessary and actual expenses while | 7156 |
| engaged in the business of the authority. The director of | 7157 |
| development shall serve as chairperson of the authority, and the | 7158 |
| members annually shall elect a vice-chairperson from among | 7159 |
| themselves. Three members of the authority constitute a quorum to | 7160 |
| transact and vote on the business of the authority. The majority | 7161 |
| vote of the membership of the authority is necessary to approve | 7162 |
| any such business, including the election of the vice-chairperson. | 7163 |
| The director of development may appoint a professional | 7164 |
| employee of the department of development to serve as the | 7165 |
| director's substitute at a meeting of the authority. The director | 7166 |
| shall make the appointment in writing. In the absence of the | 7167 |
| director from a meeting of the authority, the appointed substitute | 7168 |
| shall serve as chairperson. In the absence of both the director | 7169 |
| and the director's substitute from a meeting, the vice-chairperson | 7170 |
| shall serve as chairperson. | 7171 |
| (N) For purposes of the credits granted by this section | 7172 |
| against the taxes imposed under sections 5725.18 and 5729.03 of | 7173 |
| the Revised Code, "taxable year" means the period covered by the | 7174 |
| taxpayer's annual statement to the superintendent of insurance. | 7175 |
| Sec. 122.171. (A) As used in this section: | 7176 |
| (1) "Capital investment project" means a plan of investment | 7177 |
| at a project site for the acquisition, construction, renovation, | 7178 |
| or repair of buildings, machinery, or equipment, or for | 7179 |
| capitalized costs of basic research and new product development | 7180 |
| determined in accordance with generally accepted accounting | 7181 |
| principles, but does not include any of the following: | 7182 |
| (a) Payments made for the acquisition of personal property | 7183 |
| through operating leases; | 7184 |
| (b) Project costs paid before January 1, 2002; | 7185 |
| (c) Payments made to a related member as defined in section | 7186 |
|
5733.042 of the Revised Code or to | 7187 |
| elected taxpayer or a combined taxpayer as defined in section | 7188 |
| 5751.01 of the Revised Code. | 7189 |
| (2) "Eligible business" means a | 7190 |
| related members with Ohio operations satisfying all of the | 7191 |
| following: | 7192 |
| (a) | 7193 |
| 7194 | |
| 7195 | |
| 7196 |
| | 7197 |
| 7198 | |
| 7199 | |
| 7200 | |
| 7201 |
| | 7202 |
| hundred full-time equivalent employees at the time the tax credit | 7203 |
| authority grants the tax credit under this section; | 7204 |
| (b) The taxpayer makes or causes to be made payments for the | 7205 |
| capital investment project of either of the following: | 7206 |
| (i) If the taxpayer is engaged at the project site primarily | 7207 |
| as a manufacturer, at least fifty million dollars in the aggregate | 7208 |
| at the project site during a period of three consecutive calendar | 7209 |
| years, including the calendar year that includes a day of the | 7210 |
| taxpayer's taxable year or tax period with respect to which the | 7211 |
| credit is granted; | 7212 |
| (ii) If the | 7213 |
| 7214 | |
| 7215 | |
| engaged at the project site primarily in significant corporate | 7216 |
| administrative functions, as defined by the director of | 7217 |
| development by rule, at least twenty million dollars in the | 7218 |
| aggregate at the project site during a period of three | 7219 |
| consecutive calendar years including the calendar year that | 7220 |
| includes a day of the taxpayer's taxable year or tax period with | 7221 |
| respect to which the credit is granted. | 7222 |
| (c)
| 7223 |
| 7224 | |
| 7225 | |
| 7226 | |
| 7227 | |
| 7228 | |
| 7229 | |
| 7230 |
| | 7231 |
| reviewed and approved by the tax credit authority as provided in | 7232 |
| divisions (C), (D), and (E) of this section. | 7233 |
| (3) "Full-time | 7234 |
| 7235 | |
| 7236 | |
| 7237 | |
| 7238 | |
| 7239 | |
| 7240 | |
| 7241 | |
| 7242 | |
| employees" means the quotient obtained by dividing the total | 7243 |
| number of hours for which employees were compensated for | 7244 |
| employment in the project by two thousand eighty. "Full-time | 7245 |
| equivalent employees" shall exclude hours that are counted for a | 7246 |
| credit under section 122.17 of the Revised Code. | 7247 |
| (4) "Income tax revenue" means the total amount withheld | 7248 |
| under section 5747.06 of the Revised Code by the taxpayer during | 7249 |
| the taxable year, or during the calendar year that includes the | 7250 |
| tax period, from the compensation of all employees employed in the | 7251 |
| project whose hours of compensation are included in calculating | 7252 |
| the number of full-time equivalent employees. | 7253 |
| | 7254 |
| 5739.011 of the Revised Code. | 7255 |
| | 7256 |
| facilities in this state, as specified by the tax credit authority | 7257 |
| under this section, within a fifteen-mile radius where a taxpayer | 7258 |
| is primarily operating as an eligible business. | 7259 |
| | 7260 |
| 7261 |
| | 7262 |
| 7263 | |
| 7264 | |
| 7265 | |
| 7266 |
| | 7267 |
| 7268 | |
| 7269 | |
| 7270 | |
| 7271 |
| | 7272 |
| 7273 | |
| 7274 | |
| 7275 | |
| 7276 | |
| 7277 | |
| 7278 | |
| 7279 |
| | 7280 |
| 7281 |
| (7) "Related member" has the same meaning as in section | 7282 |
| 5733.042 of the Revised Code as that section existed on the | 7283 |
| effective date of its amendment by Am. Sub. H.B. 215 of the 122nd | 7284 |
| general assembly, September 29, 1997. | 7285 |
| (8) | 7286 |
| 7287 | |
| 7288 | |
| 7289 |
| | 7290 |
| 7291 | |
| 7292 | |
| 7293 |
| | 7294 |
| 7295 | |
| 7296 | |
| 7297 | |
| 7298 | |
| 7299 | |
| 7300 |
| | 7301 |
| 7302 | |
| 7303 | |
| 7304 | |
| 7305 | |
| 7306 | |
| 7307 |
| | 7308 |
| 7309 | |
| includes, in the case of a domestic or foreign insurance company, | 7310 |
| the calendar year ending on the thirty-first day of December | 7311 |
| preceding the day the superintendent of insurance is required to | 7312 |
| certify to the treasurer of state under section 5725.20 or 5729.05 | 7313 |
| of the Revised Code the amount of taxes due from insurance | 7314 |
| companies. | 7315 |
| (B) The tax credit authority created under section 122.17 of | 7316 |
| the Revised Code may grant tax credits under this section for the | 7317 |
| purpose of fostering job retention in this state. Upon application | 7318 |
| by an eligible business and upon consideration of the | 7319 |
| recommendation of the director of budget and management, tax | 7320 |
| commissioner, the superintendent of insurance in the case of an | 7321 |
| insurance company, and director of development under division (C) | 7322 |
| of this section, the tax credit authority may grant to an eligible | 7323 |
| business a nonrefundable credit against the tax imposed by section | 7324 |
| 5725.18, 5729.03, 5733.06, or 5747.02 of the Revised Code for a | 7325 |
| period up to fifteen taxable years and against the tax levied by | 7326 |
| Chapter 5751. of the Revised Code for a period of up to fifteen | 7327 |
|
calendar years
| 7328 |
| 7329 | |
| 7330 | |
| 7331 | |
| 7332 | |
| 7333 | |
| 7334 | |
| 7335 | |
| 7336 | |
| 7337 | |
| 7338 | |
| 7339 | |
| 7340 | |
| The credit amount for a taxable year or a calendar year that | 7341 |
| includes the tax period for which a credit may be claimed equals | 7342 |
| the income tax revenue for that year multiplied by the percentage | 7343 |
| specified in the agreement with the tax credit authority. The | 7344 |
| percentage may not exceed seventy-five per cent. The credit shall | 7345 |
| be claimed in the order required under section 5725.98, 5729.98, | 7346 |
| 5733.98, or 5747.98 of the Revised Code. In determining the | 7347 |
| percentage and term of the credit, the tax credit authority shall | 7348 |
| consider both the number of full-time equivalent employees and the | 7349 |
| value of the capital investment project. The credit amount may not | 7350 |
| be based on the income tax revenue for a calendar year before the | 7351 |
| calendar year in which the tax credit authority specifies the tax | 7352 |
| credit is to begin, and the credit shall be claimed only for the | 7353 |
| taxable years or tax periods specified in the eligible business' | 7354 |
|
agreement with the tax credit authority
| 7355 |
| 7356 | |
| taxable year or tax period terminating before the date specified | 7357 |
| in the agreement. Any credit granted under this section against | 7358 |
| the tax imposed by section 5733.06 or 5747.02 of the Revised | 7359 |
| Code, to the extent not fully utilized against such tax for | 7360 |
| taxable years ending prior to 2008, shall automatically be | 7361 |
| converted without any action taken by the tax credit authority to | 7362 |
| a credit against the tax levied under Chapter 5751. of the | 7363 |
| Revised Code for tax periods beginning on or after July 1, 2008, | 7364 |
| provided that the person to whom the credit was granted is | 7365 |
| subject to such tax. The converted credit shall apply to those | 7366 |
| calendar years in which the remaining taxable years specified in | 7367 |
| the agreement end. | 7368 |
| | 7369 |
| 7370 | |
| 7371 |
| Any unused portion of a tax credit may be carried forward for | 7372 |
| not more than three additional years after the year for which the | 7373 |
| credit is granted. | 7374 |
| (C) A taxpayer that proposes a capital investment project to | 7375 |
| retain jobs in this state may apply to the tax credit authority to | 7376 |
| enter into an agreement for a tax credit under this section. The | 7377 |
| director of development shall prescribe the form of the | 7378 |
| application. After receipt of an application, the authority shall | 7379 |
| forward copies of the application to the director of budget and | 7380 |
| management, the tax commissioner, the superintendent of insurance | 7381 |
| in the case of an insurance company, and the director of | 7382 |
| development, each of whom shall review the application to | 7383 |
| determine the economic impact the proposed project would have on | 7384 |
| the state and the affected political subdivisions and shall submit | 7385 |
| a summary of their determinations and recommendations to the | 7386 |
| authority. | 7387 |
| (D) Upon review of the determinations and recommendations | 7388 |
| described in division (C) of this section, the tax credit | 7389 |
| authority may enter into an agreement with the taxpayer for a | 7390 |
| credit under this section if the authority determines all of the | 7391 |
| following: | 7392 |
| (1) The taxpayer's capital investment project will result in | 7393 |
|
the retention of | 7394 |
| (2) The taxpayer is economically sound and has the ability to | 7395 |
| complete the proposed capital investment project. | 7396 |
| (3) The taxpayer intends to and has the ability to maintain | 7397 |
| operations at the project site for at least the greater of (a) | 7398 |
| the term of the credit plus three years, or (b) seven years. | 7399 |
| (4) Receiving the credit is a major factor in the taxpayer's | 7400 |
| decision to begin, continue with, or complete the project. | 7401 |
| | 7402 |
| 7403 | |
| 7404 |
| (E) An agreement under this section shall include all of the | 7405 |
| following: | 7406 |
| (1) A detailed description of the project that is the subject | 7407 |
| of the agreement, including the amount of the investment, the | 7408 |
|
period over which the investment has been or is being made,
| 7409 |
|
the number of full-time | 7410 |
|
at the project
site | 7411 |
| | 7412 |
| 7413 | |
| 7414 |
| | 7415 |
| 7416 |
| | 7417 |
| (2) The term of the credit, the percentage of the tax credit, | 7418 |
| the maximum annual value of tax credits that may be allowed each | 7419 |
| year, and the first year for which the credit may be claimed. | 7420 |
| (3) A requirement that the taxpayer maintain operations at | 7421 |
| the project site for at least the greater of (a) the term of the | 7422 |
| credit plus three years, or (b) seven years. | 7423 |
| | 7424 |
|
number
of | 7425 |
| employees at the project site and within this state for the term | 7426 |
| of the credit, including a requirement that the taxpayer continue | 7427 |
|
to employ at least | 7428 |
| 7429 | |
| 7430 |
| | 7431 |
| entire term of the agreement. | 7432 |
| (5) A requirement that the taxpayer annually report to the | 7433 |
|
director of development | 7434 |
| 7435 | |
| 7436 | |
| 7437 | |
| 7438 | |
| duties under this section. | 7439 |
| | 7440 |
| annually review the annual reports of the taxpayer to verify the | 7441 |
|
information reported under division (E) | 7442 |
| compliance with the agreement. Upon verification, the director | 7443 |
| shall issue a certificate to the taxpayer stating that the | 7444 |
| information has been verified and identifying the amount of the | 7445 |
| credit for the taxable year or calendar year that includes the tax | 7446 |
|
period. | 7447 |
| 7448 | |
| 7449 | |
| 7450 | |
| 7451 | |
| 7452 | |
| 7453 | |
|
number of full-time
| 7454 |
| position shall be counted that is filled by an employee who is | 7455 |
| included in the calculation of a tax credit under section 122.17 | 7456 |
| of the Revised Code. | 7457 |
| | 7458 |
| 7459 | |
| 7460 | |
| 7461 | |
| 7462 | |
| 7463 | |
| 7464 |
| | 7465 |
| 7466 | |
| 7467 | |
| 7468 |
| | 7469 |
| 7470 | |
| 7471 | |
| 7472 |
| | 7473 |
| relocate a substantial number of employment positions from | 7474 |
| elsewhere in this state to the project site unless the director | 7475 |
| of development determines that the taxpayer notified the | 7476 |
| legislative authority of the county, township, or municipal | 7477 |
| corporation from which the employment positions would be | 7478 |
|
relocated | 7479 |
| For purposes of this section, the movement of an employment | 7480 |
| position from one political subdivision to another political | 7481 |
| subdivision shall be considered a relocation of an employment | 7482 |
| position unless the movement is confined to the project site. The | 7483 |
|
transfer of an | 7484 |
| political subdivision to another political subdivision shall not | 7485 |
|
be
considered a
relocation of an employment position | 7486 |
| 7487 | |
| 7488 |
| | 7489 |
| subdivision is replaced by another employment position. | 7490 |
| (8) A waiver by the taxpayer of any limitations periods | 7491 |
| relating to assessments or adjustments resulting from the | 7492 |
| taxpayer's failure to comply with the agreement. | 7493 |
| (F) If a taxpayer fails to meet or comply with any condition | 7494 |
| or requirement set forth in a tax credit agreement, the tax credit | 7495 |
| authority may amend the agreement to reduce the percentage or term | 7496 |
|
of the credit. The reduction of the percentage or term | 7497 |
| 7498 | |
| 7499 | |
| 7500 | |
| 7501 | |
| 7502 | |
| 7503 | |
| 7504 | |
| 7505 | |
| 7506 | |
| 7507 | |
| 7508 | |
| 7509 | |
| 7510 | |
| 7511 | |
| 7512 | |
| 7513 | |
| 7514 | |
| 7515 | |
| 7516 | |
| 7517 | |
| 7518 |
| (G) Financial statements and other information submitted to | 7519 |
| the department of development or the tax credit authority by an | 7520 |
| applicant for or recipient of a tax credit under this section, and | 7521 |
| any information taken for any purpose from such statements or | 7522 |
| information, are not public records subject to section 149.43 of | 7523 |
| the Revised Code. However, the chairperson of the authority may | 7524 |
| make use of the statements and other information for purposes of | 7525 |
| issuing public reports or in connection with court proceedings | 7526 |
| concerning tax credit agreements under this section. Upon the | 7527 |
| request of the tax commissioner, or the superintendent of | 7528 |
| insurance in the case of an insurance company, the chairperson of | 7529 |
| the authority shall provide to the commissioner or superintendent | 7530 |
| any statement or other information submitted by an applicant for | 7531 |
| or recipient of a tax credit in connection with the credit. The | 7532 |
| commissioner or superintendent shall preserve the confidentiality | 7533 |
| of the statement or other information. | 7534 |
| (H) A taxpayer claiming a tax credit under this section shall | 7535 |
| submit to the tax commissioner or, in the case of an insurance | 7536 |
| company, to the superintendent of insurance, a copy of the | 7537 |
| director of development's certificate of verification under | 7538 |
|
division (E) | 7539 |
| or return for the taxable year or for the calendar year that | 7540 |
| includes the tax period. Failure to submit a copy of the | 7541 |
| certificate with the report or return does not invalidate a claim | 7542 |
| for a credit if the taxpayer submits a copy of the certificate to | 7543 |
| the commissioner or superintendent within sixty days after the | 7544 |
| commissioner or superintendent requests it. | 7545 |
| (I) For the purposes of this section, a taxpayer may include | 7546 |
| a partnership, a corporation that has made an election under | 7547 |
| subchapter S of chapter one of subtitle A of the Internal Revenue | 7548 |
| Code, or any other business entity through which income flows as a | 7549 |
| distributive share to its owners. A partnership, S-corporation, or | 7550 |
| other such business entity may elect to pass the credit received | 7551 |
| under this section through to the persons to whom the income or | 7552 |
| profit of the partnership, S-corporation, or other entity is | 7553 |
| distributed. The election shall be made on the annual report | 7554 |
|
required under division (E) | 7555 |
| applies to and is irrevocable for the credit for which the report | 7556 |
| is submitted. If the election is made, the credit shall be | 7557 |
| apportioned among those persons in the same proportions as those | 7558 |
| in which the income or profit is distributed. | 7559 |
| (J) If the director of development determines that a taxpayer | 7560 |
| that received a tax credit under this section is not complying | 7561 |
|
with the requirement under division (E) | 7562 |
| director shall notify the tax credit authority of the | 7563 |
| noncompliance. After receiving such a notice, and after giving the | 7564 |
| taxpayer an opportunity to explain the noncompliance, the | 7565 |
| authority may terminate the agreement and require the taxpayer to | 7566 |
| refund to the state all or a portion of the credit claimed in | 7567 |
| previous years, as follows: | 7568 |
| (1) If the taxpayer maintained operations at the project site | 7569 |
|
for less than or equal to the term of the credit, | 7570 |
| 7571 | |
| to exceed one hundred per cent of the sum of any tax credits | 7572 |
| 7573 |
| (2) If the taxpayer maintained operations at the project site | 7574 |
| longer than the term of the credit, but less than the greater of | 7575 |
| (a) the term of the credit plus three years, or (b) seven years, | 7576 |
|
the
amount required to be
refunded
shall not exceed | 7577 |
| seventy-five per
cent of
the sum of any tax
credits
| 7578 |
| allowed and received under this section. | 7579 |
| In determining the portion of the credit to be refunded to | 7580 |
| this state, the authority shall consider the effect of market | 7581 |
| conditions on the taxpayer's project and whether the taxpayer | 7582 |
| continues to maintain other operations in this state. After making | 7583 |
| the determination, the authority shall certify the amount to be | 7584 |
|
refunded to the tax commissioner | 7585 |
| insurance. If the taxpayer is not an insurance company, the | 7586 |
| commissioner shall make an assessment for that amount against the | 7587 |
| taxpayer under Chapter 5733., 5747., or 5751. of the Revised | 7588 |
| Code. If the taxpayer is an insurance company, the superintendent | 7589 |
| of insurance shall make an assessment under section 5725.222 or | 7590 |
| 5729.102 of the Revised Code. The time limitations on assessments | 7591 |
| under those chapters and sections do not apply to an assessment | 7592 |
| under this division, but the commissioner or superintendent shall | 7593 |
| make the assessment within one year after the date the authority | 7594 |
| certifies to the commissioner or superintendent the amount to be | 7595 |
| refunded. | 7596 |
| | 7597 |
| 7598 | |
| 7599 | |
| 7600 | |
| 7601 | |
| 7602 | |
| 7603 | |
| 7604 | |
| 7605 | |
| 7606 | |
| 7607 |
| (K) The director of development, after consultation with the | 7608 |
| tax commissioner and the superintendent of insurance and in | 7609 |
| accordance with Chapter 119. of the Revised Code, shall adopt | 7610 |
| rules necessary to implement this section. The rules may provide | 7611 |
| for recipients of tax credits under this section to be charged | 7612 |
| fees to cover administrative costs of the tax credit program. The | 7613 |
| fees collected shall be credited to the tax incentive programs | 7614 |
| operating fund created in section 122.174 of the Revised Code. At | 7615 |
| the time the director gives public notice under division (A) of | 7616 |
| section 119.03 of the Revised Code of the adoption of the rules, | 7617 |
| the director shall submit copies of the proposed rules to the | 7618 |
| chairpersons of the standing committees on economic development | 7619 |
| in the senate and the house of representatives. | 7620 |
| (L) On or before the | 7621 |
| of each year, the director of development shall submit a report to | 7622 |
| the governor, the president of the senate, and the speaker of the | 7623 |
| house of representatives on the tax credit program under this | 7624 |
| section. The report shall include information on the number of | 7625 |
| agreements that were entered into under this section during the | 7626 |
| preceding calendar year, a description of the project that is the | 7627 |
| subject of each such agreement, and an update on the status of | 7628 |
| projects under agreements entered into before the preceding | 7629 |
| calendar year. | 7630 |
| (M) | 7631 |
| 7632 | |
| 7633 | |
| 7634 | |
| 7635 | |
| 7636 |
| | 7637 |
| 7638 | |
| 7639 | |
| 7640 | |
| 7641 | |
| 7642 | |
| 7643 | |
| 7644 | |
| 7645 | |
| 7646 | |
| of tax credits issued under this section during any calendar year | 7647 |
| for capital investment projects reviewed and approved by the tax | 7648 |
| credit authority may not exceed the following amounts: | 7649 |
| (1) For 2010, thirteen million dollars; | 7650 |
| (2) For 2011 through 2023, the amount of the limit for the | 7651 |
| preceding calendar year plus thirteen million dollars; | 7652 |
| (3) For 2024 and each year thereafter, one hundred | 7653 |
| ninety-five million dollars. | 7654 |
| The foregoing annual limitations do not apply to credits for | 7655 |
| capital investment projects approved by the tax credit authority | 7656 |
| before July 1, 2009. | 7657 |
| Sec. 122.40. (A) There is hereby created the development | 7658 |
| financing advisory council to assist in carrying out the programs | 7659 |
| created pursuant to sections 122.39 to 122.62 and Chapter 166. of | 7660 |
| the Revised Code. | 7661 |
| (B) The council shall consist of | 7662 |
| appointed by the governor, with the advice and consent of the | 7663 |
| senate, who are selected for their knowledge of and experience in | 7664 |
| economic development financing, one member of the senate appointed | 7665 |
| by the president of the senate, one member of the house of | 7666 |
| representatives appointed by the speaker of the house of | 7667 |
| representatives, and the director of development or the director's | 7668 |
| designee. With respect to the council: | 7669 |
| (1) No more than four members of the council appointed by the | 7670 |
| governor shall be members of the same political party. | 7671 |
| (2) Each member shall hold office from the date of the | 7672 |
| member's appointment until the end of the term for which the | 7673 |
| member was appointed. | 7674 |
| (3) The terms of office for the | 7675 |
| by the governor shall be for five years commencing on the first | 7676 |
| day of January and ending on the thirty-first day of December. The | 7677 |
| 7678 | |
| office of seven years on December 30, 2004, shall continue to | 7679 |
| serve those terms, but their successors in office, including the | 7680 |
| filling of a vacancy occurring prior to the expiration of those | 7681 |
| terms, shall be appointed for terms of five years in accordance | 7682 |
| with this division. | 7683 |
| (4) Any member of the council is eligible for reappointment. | 7684 |
| (5) As a term of a member of the council appointed by the | 7685 |
| governor expires, the governor shall appoint a successor with the | 7686 |
| advice and consent of the senate. | 7687 |
| (6) Except as otherwise provided in division (B)(3) of this | 7688 |
| section, any member appointed to fill a vacancy occurring prior to | 7689 |
| the expiration of the term for which the member's predecessor was | 7690 |
| appointed shall hold office for the remainder of the predecessor's | 7691 |
| term. | 7692 |
| (7) Any member shall continue in office subsequent to the | 7693 |
| expiration date of the member's term until the member's successor | 7694 |
| takes office, or until a period of sixty days has elapsed, | 7695 |
| whichever occurs first. | 7696 |
| (8) Before entering upon duties as a member of the council, | 7697 |
| each member shall take an oath provided by Section 7 of Article | 7698 |
| XV, Ohio Constitution. | 7699 |
| (9) The governor may, at any time, remove any nonlegislative | 7700 |
| member pursuant to section 3.04 of the Revised Code. | 7701 |
| (10) Members of the council, notwithstanding section 101.26 | 7702 |
| of the Revised Code with respect to members who are members of the | 7703 |
| general assembly, shall receive their necessary and actual | 7704 |
| expenses while engaged in the business of the council and shall be | 7705 |
| paid at the per diem rate of step 1, pay range 31, of section | 7706 |
| 124.15 of the Revised Code. | 7707 |
| (11) Six members of the council constitute a quorum and the | 7708 |
| affirmative vote of six members is necessary for any action taken | 7709 |
| by the council. | 7710 |
| (12) In the event of the absence of a member appointed by the | 7711 |
| president of the senate or by the speaker of the house of | 7712 |
| representatives, the following persons may serve in the member's | 7713 |
| absence: the president of the senate or the speaker of the house, | 7714 |
| as the case may be, or a member of the senate or of the house of | 7715 |
| representatives, of the same political party as the development | 7716 |
| financing advisory council member, designated by the president of | 7717 |
| the senate or the speaker of the house. | 7718 |
| Sec. 122.603. (A)(1) Upon approval by the director of | 7719 |
| development and after entering into a participation agreement with | 7720 |
| the department of development, a participating financial | 7721 |
| institution making a capital access loan shall establish a program | 7722 |
| reserve account. The account shall be an interest-bearing account | 7723 |
| and shall contain only moneys deposited into it under the program | 7724 |
| and the interest payable on the moneys in the account. | 7725 |
| (2) All interest payable on the moneys in the program reserve | 7726 |
| account shall be added to the moneys and held as an additional | 7727 |
| loss reserve. The director may require that a portion or all of | 7728 |
| the accrued interest so held in the account be released to the | 7729 |
| department. If the director causes a release of accrued interest, | 7730 |
| the director shall deposit the released amount into the capital | 7731 |
| access loan program fund created in section 122.601 of the Revised | 7732 |
| Code. The director shall not require the release of that accrued | 7733 |
| interest more than twice in a fiscal year. | 7734 |
| (B) When a participating financial institution makes a | 7735 |
| capital access loan, it shall require the eligible business to pay | 7736 |
| to the participating financial institution a fee in an amount that | 7737 |
| is not less than one and one-half per cent, and not more than | 7738 |
| three per cent, of the principal amount of the loan. The | 7739 |
| participating financial institution shall deposit the fee into its | 7740 |
| program reserve account, and it also shall deposit into the | 7741 |
| account an amount of its own funds equal to the amount of the fee. | 7742 |
| The participating financial institution may recover from the | 7743 |
| eligible business all or part of the amount that the participating | 7744 |
| financial institution is required to deposit into the account | 7745 |
| under this division in any manner agreed to by the participating | 7746 |
| financial institution and the eligible business. | 7747 |
| (C) For each capital access loan made by a participating | 7748 |
| financial institution, the participating financial institution | 7749 |
| shall certify to the director, within a period specified by the | 7750 |
| director, that the participating financial institution has made | 7751 |
| the loan. The certification shall include the amount of the loan, | 7752 |
| the amount of the fee received from the eligible business, the | 7753 |
| amount of its own funds that the participating financial | 7754 |
| institution deposited into its program reserve account to reflect | 7755 |
| that fee, and any other information specified by the director. The | 7756 |
| certification also shall indicate if the eligible business | 7757 |
| receiving the capital access loan is a minority business | 7758 |
| enterprise as defined in section 122.71 of the Revised Code. | 7759 |
| (D)(1)(a) Upon receipt of each of the first three | 7760 |
| certifications from a participating financial institution made | 7761 |
| under division (C) of this section and subject to section 122.602 | 7762 |
| of the Revised Code, the director shall disburse to the | 7763 |
| participating financial institution from the capital access loan | 7764 |
| program fund an amount equal to fifty per cent of the principal | 7765 |
| amount of the particular capital access loan for deposit into the | 7766 |
| participating financial institution's program reserve account. | 7767 |
| Thereafter, upon receipt of a certification from that | 7768 |
| participating financial institution made under division (C) of | 7769 |
| this section and subject to section 122.602 of the Revised Code, | 7770 |
| the director shall disburse to the participating financial | 7771 |
| institution from the capital access loan program fund an amount | 7772 |
| equal to ten per cent of the principal amount of the particular | 7773 |
| capital access loan for deposit into the participating financial | 7774 |
|
institution's program reserve
account. | 7775 |
| (b) Notwithstanding division (D)(1)(a) of this section, and | 7776 |
| subject to section 122.602 of the Revised Code, upon receipt of | 7777 |
| any certification from a participating financial institution made | 7778 |
| under division (C) of this section with respect to a capital | 7779 |
| access loan made to an eligible business that is a minority | 7780 |
| business enterprise, the director shall disburse to the | 7781 |
| participating financial institution from the capital access loan | 7782 |
| program fund an amount equal to eighty per cent of the principal | 7783 |
| amount of the particular capital access loan for deposit into the | 7784 |
| participating financial institution's program reserve account. | 7785 |
| (2) The disbursement of moneys from the fund to a | 7786 |
| participating financial institution does not require approval from | 7787 |
| the controlling board. | 7788 |
| (E) If the amount in a program reserve account exceeds an | 7789 |
| amount equal to thirty-three per cent of a participating financial | 7790 |
| institution's outstanding capital access loans, the department may | 7791 |
| cause the withdrawal of the excess amount and the deposit of the | 7792 |
| withdrawn amount into the capital access loan program fund. | 7793 |
| (F)(1) The department may cause the withdrawal of the total | 7794 |
| amount in a participating financial institution's program reserve | 7795 |
| account if any of the following applies: | 7796 |
| (a) The financial institution is no longer eligible to | 7797 |
| participate in the program. | 7798 |
| (b) The participation agreement expires without renewal by | 7799 |
| the department or the financial institution. | 7800 |
| (c) The financial institution has no outstanding capital | 7801 |
| access loans. | 7802 |
| (d) The financial institution has not made a capital access | 7803 |
| loan within the preceding twenty-four months. | 7804 |
| (2) If the department causes a withdrawal under division | 7805 |
| (F)(1) of this section, the department shall deposit the withdrawn | 7806 |
| amount into the capital access loan program fund. | 7807 |
| Sec. 122.71. As used in sections 122.71 to 122.83 of the | 7808 |
| Revised Code: | 7809 |
| (A) "Financial institution" means any banking corporation, | 7810 |
| trust company, insurance company, savings and loan association, | 7811 |
| building and loan association, or corporation, partnership, | 7812 |
| federal lending agency, foundation, or other institution engaged | 7813 |
| in lending or investing funds for industrial or business purposes. | 7814 |
| (B) "Project" means any real or personal property connected | 7815 |
| with or being a part of an industrial, distribution, commercial, | 7816 |
| or research facility to be acquired, constructed, reconstructed, | 7817 |
| enlarged, improved, furnished, or equipped, or any combination | 7818 |
| thereof, with the aid provided under sections 122.71 to 122.83 of | 7819 |
| the Revised Code, for industrial, commercial, distribution, and | 7820 |
| research development of the state. | 7821 |
| (C) "Mortgage" means the lien imposed on a project by a | 7822 |
| mortgage on real property, or by financing statements on personal | 7823 |
| property, or a combination of a mortgage and financing statements | 7824 |
| when a project consists of both real and personal property. | 7825 |
| (D) "Mortgagor" means the principal user of a project or the | 7826 |
| person, corporation, partnership, or association unconditionally | 7827 |
| guaranteeing performance by the principal user of its obligations | 7828 |
| under the mortgage. | 7829 |
| (E)(1) "Minority business enterprise" means an individual who | 7830 |
| is a United States citizen and owns and controls a business, or a | 7831 |
| partnership, corporation, or joint venture of any kind that is | 7832 |
| owned and controlled by United States citizens, which citizen or | 7833 |
| citizens are residents of this state and are members of one of the | 7834 |
| following economically disadvantaged groups: Blacks or African | 7835 |
| Americans, American Indians, Hispanics or Latinos, and Asians. | 7836 |
| (2) "Owned and controlled" means that at least fifty-one per | 7837 |
| cent of the business, including corporate stock if a corporation, | 7838 |
| is owned by persons who belong to one or more of the groups set | 7839 |
| forth in division (E)(1) of this section, and that those owners | 7840 |
| have control over the management and day-to-day operations of the | 7841 |
| business and an interest in the capital, assets, and profits and | 7842 |
| losses of the business proportionate to their percentage of | 7843 |
| ownership. In order to qualify as a minority business enterprise, | 7844 |
| a business shall have been owned and controlled by those persons | 7845 |
| at least one year prior to being awarded a contract pursuant to | 7846 |
| this section. | 7847 |
| (F) "Community improvement corporation" means a corporation | 7848 |
| organized under Chapter 1724. of the Revised Code. | 7849 |
| (G) "Ohio development corporation" means a corporation | 7850 |
| organized under Chapter 1726. of the Revised Code. | 7851 |
| (H) "Minority contractors business assistance organization" | 7852 |
| means an entity engaged in the provision of management and | 7853 |
| technical business assistance to minority business enterprise | 7854 |
| entrepreneurs. | 7855 |
| (I) "Minority business supplier development council" means a | 7856 |
| nonprofit organization established as an affiliate of the national | 7857 |
| minority supplier development council. | 7858 |
| (J) "Regional economic development entity" means an entity | 7859 |
| that is under contract with the director of development to | 7860 |
| administer a loan program under this chapter in a particular area | 7861 |
| of the state. | 7862 |
| (K) "Community development corporation" means a corporation | 7863 |
| organized under Chapter 1702. of the Revised Code that consists of | 7864 |
| residents of the community and business and civic leaders and that | 7865 |
| has as a principal purpose one or more of the following: the | 7866 |
| revitalization and development of a low- to moderate-income | 7867 |
| neighborhood or community; the creation of jobs for low- to | 7868 |
| moderate-income residents; the development of commercial | 7869 |
| facilities and services; providing training, technical assistance, | 7870 |
| and financial assistance to small businesses; and planning, | 7871 |
| developing, or managing low-income housing or other community | 7872 |
| development activities. | 7873 |
| Sec. 122.751. The minority development financing advisory | 7874 |
| board or a regional economic development entity shall only | 7875 |
| consider an application for a loan from any applicant after a | 7876 |
| determination that the applicant is a community development | 7877 |
| corporation, or after a certification by the equal employment | 7878 |
| opportunity coordinator of the department of administrative | 7879 |
| services under division (B)(1) of section 123.151 of the Revised | 7880 |
| Code that the applicant is a minority business enterprise, or | 7881 |
| after a certification by the minority business supplier | 7882 |
| development council that the applicant is a minority business, and | 7883 |
| that the applicant satisfies all criteria regarding eligibility | 7884 |
| for assistance pursuant to section 122.76 of the Revised Code. | 7885 |
| Sec. 122.76. (A) The director of development, with | 7886 |
| controlling board approval, may lend funds to minority business | 7887 |
| enterprises and to community improvement corporations, Ohio | 7888 |
| development corporations, minority contractors business assistance | 7889 |
| organizations, and minority business supplier development councils | 7890 |
| for the purpose of loaning funds to minority business enterprises | 7891 |
| and for the purpose of procuring or improving real or personal | 7892 |
| property, or both, for the establishment, location, or expansion | 7893 |
| of industrial, distribution, commercial, or research facilities in | 7894 |
| the state, and to community development corporations that | 7895 |
| predominantly benefit minority business enterprises or are located | 7896 |
| in a census tract that has a population that is sixty per cent or | 7897 |
| more minority if the director determines, in the director's sole | 7898 |
| discretion, that all of the following apply: | 7899 |
| (1) The project is economically sound and will benefit the | 7900 |
| people of the state by increasing opportunities for employment, by | 7901 |
| strengthening the economy of the state, or expanding minority | 7902 |
| business enterprises. | 7903 |
| (2) The proposed minority business enterprise borrower is | 7904 |
| unable to finance the proposed project through ordinary financial | 7905 |
| channels at comparable terms. | 7906 |
| (3) The value of the project is or, upon completion, will be | 7907 |
| at least equal to the total amount of the money expended in the | 7908 |
| procurement or improvement of the project, and one or more | 7909 |
| financial institutions or other governmental entities have loaned | 7910 |
| not less than thirty per cent of that amount. | 7911 |
| (4) The amount to be loaned by the director will not exceed | 7912 |
| sixty per cent of the total amount expended in the procurement or | 7913 |
| improvement of the project. | 7914 |
| (5) The amount to be loaned by the director will be | 7915 |
| adequately secured by a first or second mortgage upon the project | 7916 |
| or by mortgages, leases, liens, assignments, or pledges on or of | 7917 |
| other property or contracts as the director requires, and such | 7918 |
| mortgage will not be subordinate to any other liens or mortgages | 7919 |
| except the liens securing loans or investments made by financial | 7920 |
| institutions referred to in division (A)(3) of this section, and | 7921 |
| the liens securing loans previously made by any financial | 7922 |
| institution in connection with the procurement or expansion of all | 7923 |
| or part of a project. | 7924 |
| (B) Any proposed minority business enterprise borrower | 7925 |
| submitting an application for assistance under this section shall | 7926 |
| not have defaulted on a previous loan from the director, and no | 7927 |
| full or limited partner, major shareholder, or holder of an equity | 7928 |
| interest of the proposed minority business enterprise borrower | 7929 |
| shall have defaulted on a loan from the director. | 7930 |
| (C) The proposed minority business enterprise borrower shall | 7931 |
| demonstrate to the satisfaction of the director that it is able to | 7932 |
| successfully compete in the private sector if it obtains the | 7933 |
| necessary financial, technical, or managerial support and that | 7934 |
| support is available through the director, the minority business | 7935 |
| development office of the department of development, or other | 7936 |
| identified and acceptable sources. In determining whether a | 7937 |
| minority business enterprise borrower will be able to successfully | 7938 |
| compete, the director may give consideration to such factors as | 7939 |
| the successful completion of or participation in courses of study, | 7940 |
| recognized by the board of regents as providing financial, | 7941 |
| technical, or managerial skills related to the operation of the | 7942 |
| business, by the economically disadvantaged individual, owner, or | 7943 |
| partner, and the prior success of the individual, owner, or | 7944 |
| partner in personal, career, or business activities, as well as to | 7945 |
| other factors identified by the director. | 7946 |
| (D) The director shall not lend funds for the purpose of | 7947 |
| procuring or improving motor vehicles or accounts receivable. | 7948 |
| Sec. 122.85. (A) As used in this section and in section | 7949 |
| 5747.66 of the Revised Code: | 7950 |
| (1) "Allocated share" means the share of a qualifying | 7951 |
| investor's credit amount allocated as described in division (E) of | 7952 |
| this section. | 7953 |
| (2) "Base investment" means the amount of money invested by a | 7954 |
| qualifying investor in a tax credit-eligible production | 7955 |
| multiplied by the percentage that anticipated eligible production | 7956 |
| expenditures are of the total production budget that is expended, | 7957 |
| as determined under division (H) of this section. If the amount | 7958 |
| invested is three hundred thousand dollars or less, the base | 7959 |
| investment equals zero. | 7960 |
| (3) "Certificate owner" means a qualifying investor to which | 7961 |
| a tax credit certificate is issued or any other person to which a | 7962 |
| credit amount is allocated or transferred under this section. | 7963 |
| (4) "Company" means a corporation, partnership, limited | 7964 |
| liability company, or other form of business association. | 7965 |
| (5) "Eligible production expenditures" means expenditures | 7966 |
| made in or after 2009 for goods or services consumed in this | 7967 |
| state, by a motion picture production company directly for the | 7968 |
| production of a tax credit-eligible production. "Eligible | 7969 |
| production expenditures" includes, but is not limited to, | 7970 |
| expenditures for resident and nonresident cast and crew wages and | 7971 |
| fringe benefits, accommodations, travel, costs of set | 7972 |
| construction and operations, editing and related services, | 7973 |
| photography, sound synchronization, lighting, wardrobe, makeup | 7974 |
| and accessories, film processing, transfer, sound mixing, special | 7975 |
| and visual effects, music, location fees, the purchase or rental | 7976 |
| of facilities and equipment, and out-of-state goods purchased or | 7977 |
| leased and ultimately consumed in full or on a pro rata basis in | 7978 |
| this state. | 7979 |
| (6) "Qualifying investor" means an individual or a | 7980 |
| partnership or other pass-through entity, as defined in section | 7981 |
| 5733.04 of the Revised Code, that invests money in a tax | 7982 |
| credit-eligible production. | 7983 |
| (7) "Motion picture" means entertainment content created in | 7984 |
| whole or in part within this state, including feature-length | 7985 |
| films; documentaries; long-form, specials, miniseries, series, and | 7986 |
| interstitial television programming; sound recordings, videos, and | 7987 |
| music videos; interactive television; interactive games; | 7988 |
| videogames; commercials; infomercials; any format of digital | 7989 |
| media, including an interactive web site, created for distribution | 7990 |
| or exhibition to the general public; and any trailer, pilot, video | 7991 |
| teaser, or demo created primarily to stimulate the sale, | 7992 |
| marketing, promotion, or exploitation of future investment in | 7993 |
| either a product or a motion picture by any means and media in any | 7994 |
| digital media format, film or videotape, provided the motion | 7995 |
| picture qualifies as a motion picture. "Motion picture" does not | 7996 |
| include any television program created primarily as news, weather, | 7997 |
| or financial market reports, a production featuring current events | 7998 |
| or sporting events, an awards show or other gala event, a | 7999 |
| production whose sole purpose is fundraising, a long-form | 8000 |
| production that primarily markets a product or service, a | 8001 |
| production used for corporate training or in-house corporate | 8002 |
| advertising or other similar productions, any production for | 8003 |
| purposes of political advocacy, or any production for which | 8004 |
| records are required to be maintained under 18 U.S.C. 2257 with | 8005 |
| respect to sexually explicit content. | 8006 |
| (8) "Motion picture production company" means a company | 8007 |
| engaged in the business of producing motion pictures, but does not | 8008 |
| include any company that is in default on a loan made by the state | 8009 |
| or guaranteed by the state or that is owned, affiliated, or | 8010 |
| controlled, in whole or in part, by any company or person that | 8011 |
| is in default on a loan made by the state or a loan guaranteed | 8012 |
| by the state. | 8013 |
| (9) "Tax credit-eligible production" means a motion picture | 8014 |
| production, investment in which qualifies for tax credits under | 8015 |
| section 5747.66 of the Revised Code as certified by the director | 8016 |
| of development under division (B) of this section. | 8017 |
| (10) "Transfer agent" means a motion picture production | 8018 |
| company or another person designated by such a company under | 8019 |
| division (G) of this section. | 8020 |
| (B) For the purpose of encouraging the development of a | 8021 |
| strong capital base for motion picture productions in this state, | 8022 |
| the director of development, on or after January 1, 2009, but | 8023 |
| before January 1, 2014, may certify a motion picture produced by | 8024 |
| a motion picture production company as a tax credit-eligible | 8025 |
| production. In the case of a television series, the director may | 8026 |
| certify the production of each episode of the series as a | 8027 |
| separate tax credit-eligible production. If the director | 8028 |
| determines that the production of two or more commercials or | 8029 |
| videos are related parts of a distinct advertising, promotional, | 8030 |
| informational, or entertainment series or undertaking, the | 8031 |
| director may certify the productions as a single tax | 8032 |
| credit-eligible production for the purpose of computing the | 8033 |
| credit amounts under division (D) of this section. | 8034 |
| The director of development shall not certify a motion | 8035 |
| picture production as a tax credit-eligible production unless the | 8036 |
| motion picture production company and a financially responsible | 8037 |
| affiliate of the company formally agree to reimburse this state | 8038 |
| for the amount of tax credits allowed and claimed under section | 8039 |
| 5747.66 of the Revised Code on the basis of expenditures that are | 8040 |
| certified under division (H) of this section but thereafter are | 8041 |
| determined not to qualify as eligible production expenditures. The | 8042 |
| reimbursement shall be in a form and amount acceptable to the | 8043 |
| director of development. For the purposes of this division, a | 8044 |
| financially responsible affiliate of a motion picture production | 8045 |
| company is a person related to the motion picture production | 8046 |
| company by direct or indirect ownership or control of a majority | 8047 |
| of the capital stock or other equity interests and that the | 8048 |
| director of development determines to be financially capable of | 8049 |
| reimbursing this state as required by this division. | 8050 |
| (C) A motion picture production company shall apply for | 8051 |
| certification of a motion picture as a tax credit-eligible | 8052 |
| production on a form and in the manner prescribed by the | 8053 |
| director. Every application shall include, at a minimum, all of | 8054 |
| the following information: | 8055 |
| (1) The name, address, and telephone number of the motion | 8056 |
| picture production company; | 8057 |
| (2) The name and telephone number of the company's contact | 8058 |
| person; | 8059 |
| (3) A list of the scheduled first preproduction date through | 8060 |
| the scheduled last production date in Ohio; | 8061 |
| (4) The total production budget of the motion picture; | 8062 |
| (5) The amount expended in this state by the company directly | 8063 |
| for the production and the percentage that amount is of the total | 8064 |
| production budget of the motion picture; | 8065 |
| (6) The total percentage of principal photography of the | 8066 |
| motion picture being shot in Ohio; | 8067 |
| (7) The level of employment of cast and crew who reside in | 8068 |
| Ohio; | 8069 |
| (8) A synopsis of the script; | 8070 |
| (9) A creative elements list that includes the names of the | 8071 |
| principal cast and crew, and the producer and director. | 8072 |
| (D) Upon application by a qualifying investor, the director | 8073 |
| of development shall determine the qualifying investor's base | 8074 |
| investment, and shall issue a tax credit certificate to the | 8075 |
| qualifying investor. The director shall prescribe the form and | 8076 |
| manner of the application; the information or documentation | 8077 |
| required to be submitted with the application; and the form and | 8078 |
| manner of issuing the certificate. The director shall assign a | 8079 |
| unique identifying number to each tax credit certificate and shall | 8080 |
| record the certificate in a register devised and maintained by the | 8081 |
| director for that purpose. The certificate shall state the amount | 8082 |
| of the qualifying investor's base investment and the total amount | 8083 |
| of the credit allowed, which shall equal twenty-five per cent of | 8084 |
| the qualifying investor's base investment. Not more than one | 8085 |
| hundred million dollars in tax credit certificates may be issued | 8086 |
| per year, and not more than twenty-five million dollars in tax | 8087 |
| credit certificates may be issued per tax credit-eligible | 8088 |
| production. | 8089 |
| The credit amount shall be determined under this division on | 8090 |
| the basis of the base investment and on the basis of the eligible | 8091 |
| production expenditures as finally determined under division (H) | 8092 |
| of this section. Once the eligible production expenditures are | 8093 |
| finally determined under that division, the credit amount is not | 8094 |
| subject to adjustment unless the base investment amount is | 8095 |
| adjusted or unless an error was committed in the computation of | 8096 |
| the credit amount. | 8097 |
| (E) If a qualifying investor is a pass-through entity as | 8098 |
| defined in section 5733.04 of the Revised Code, the pass-through | 8099 |
| entity may allocate the credit amount among persons with an equity | 8100 |
| interest in the entity in any proportion or manner provided in the | 8101 |
| partnership agreement or other governing instrument of the entity, | 8102 |
| notwithstanding any application of the principles of section 704 | 8103 |
| of the Internal Revenue Code. Upon allocation, the persons to | 8104 |
| which the credit is allocated become the certificate owners of | 8105 |
| their respective allocated shares of the credit. The pass-through | 8106 |
| entity shall certify to the transfer agent the allocated share | 8107 |
| allocated to each such person and provide such information as is | 8108 |
| necessary to allow the transfer agent to provide the statements | 8109 |
| and certifications required under division (G) of this section. | 8110 |
| (F) Any certificate owner may transfer to any other person | 8111 |
| all or a portion of the credit amount owned by the certificate | 8112 |
| owner. Upon transfer, the transferee becomes the certificate owner | 8113 |
| of the credit amount transferred. The transferor shall notify the | 8114 |
| transfer agent of each transfer made by the transferor in | 8115 |
| accordance with rules prescribed by the director of development. | 8116 |
| The rules shall require the transferor to provide to the transfer | 8117 |
| agent the identity of the transferee and the unique identifying | 8118 |
| number assigned to the tax credit certificate that corresponds | 8119 |
| with the credit amount transferred. | 8120 |
| (G) Each motion picture production company that has a motion | 8121 |
| picture production certified as a tax credit-eligible production | 8122 |
| shall designate itself or another person as the transfer agent for | 8123 |
| the purpose of providing the statements and certifications | 8124 |
| required under this division. Upon making the designation, the | 8125 |
| motion picture production company shall provide notice of the | 8126 |
| designation to each certificate owner of a certificate issued with | 8127 |
| respect to investments made in the company's motion picture | 8128 |
| production. Before claiming a credit under section 5747.66 of the | 8129 |
| Revised Code, a certificate owner shall request from the transfer | 8130 |
| agent a statement certifying the certificate owner's share of the | 8131 |
| credit amount, and the transfer agent shall provide the statement | 8132 |
| to the certificate owner. The statement shall be in a form | 8133 |
| prescribed by the director of development. The transfer agent also | 8134 |
| shall provide a statement to the tax commissioner showing the | 8135 |
| identity of the certificate owner and the certificate owner's | 8136 |
| share of the credit amount. The statement shall be in a form | 8137 |
| prescribed by the tax commissioner. A tax credit may not be | 8138 |
| claimed by a certificate owner unless the transfer agent issues | 8139 |
| the statement to the certificate owner. | 8140 |
| (H) Each motion picture production company that has a motion | 8141 |
| picture production certified as a tax credit-eligible production | 8142 |
| shall engage, at the company's expense, an independent certified | 8143 |
| public accountant to examine the company's production expenditures | 8144 |
| to identify the expenditures that qualify as eligible production | 8145 |
| expenditures. The certified public accountant shall issue a report | 8146 |
| to the company and to the director of development certifying the | 8147 |
| company's eligible production expenditures and any other | 8148 |
| information required by the director. Upon receiving and examining | 8149 |
| the report, the director may disallow any expenditure the director | 8150 |
| determines is not an eligible production expense. If the director | 8151 |
| disallows an expenditure, the director, not later than thirty days | 8152 |
| after receiving the report, shall issue a written notice to the | 8153 |
| motion picture production company stating that the expenditure is | 8154 |
| disallowed, the reason for the disallowance, and the manner in | 8155 |
| which an appeal of the disallowance may be made. If the director | 8156 |
| does not issue the notice within the prescribed time, the eligible | 8157 |
| production expenditures certified by the certified public | 8158 |
| accountant's report are conclusively determined to be the eligible | 8159 |
| production expenditures on the basis of which base investments are | 8160 |
| determined and the credit is allowed under section 5747.66 of the | 8161 |
| Revised Code. | 8162 |
| The company, not later than thirty days after issuance of the | 8163 |
| notice, may appeal the disallowance by filing a notice of appeal | 8164 |
| with the director. If a notice of appeal is properly and timely | 8165 |
| filed, the director shall schedule a hearing on the appeal. The | 8166 |
| company shall be given the opportunity to present evidence and | 8167 |
| testimony at the hearing regarding the disallowed expenditures. | 8168 |
| The hearing may be continued from time to time as necessary. On | 8169 |
| the basis of evidence or testimony presented by the company, the | 8170 |
| director, within thirty days after the conclusion of the hearing, | 8171 |
| may revise or affirm the initial notice of disallowance of | 8172 |
| expenditures and issue a final notice to the company stating the | 8173 |
| revision or affirmation. The director's final notice is not | 8174 |
| appealable. | 8175 |
| (I)(1) No credit shall be allowed under section 5747.66 of | 8176 |
| the Revised Code on the basis of any expenditure unless the | 8177 |
| expenditure has been certified by a certified public accountant | 8178 |
| under division (H) of this section and has not been disallowed by | 8179 |
| the director of development under that division. | 8180 |
| (2) A credit shall not be disallowed under section 5747.66 of | 8181 |
| the Revised Code if, after the director of development issues the | 8182 |
| final notice under division (H) of this section, it is discovered | 8183 |
| that the credit is claimed on the basis of expenditures that do | 8184 |
| not qualify as eligible production expenditures but that were | 8185 |
| certified as eligible production expenditures by the certified | 8186 |
| public accountant and not disallowed by the director. | 8187 |
| (J) This state reserves the right to refuse the use of this | 8188 |
| state's name in the credits of any tax credit-eligible motion | 8189 |
| picture production. | 8190 |
| (K) The director of development shall adopt rules for the | 8191 |
| administration of this section, including rules governing the | 8192 |
| criteria for determining whether a motion picture production is a | 8193 |
| tax credit eligible production, which criteria shall be developed | 8194 |
| by the director in consultation with the tax commissioner; | 8195 |
| expenditures that qualify as eligible production expenditures; the | 8196 |
| form and manner of certifications by transfer agents; | 8197 |
| reimbursement requirements under division (B) of this section; | 8198 |
| and the appeal procedure under division (H) of this section. The | 8199 |
| rules shall be adopted under Chapter 119. of the Revised Code. | 8200 |
| Sec. 122.89. (A) The director of development may execute | 8201 |
| bonds as surety for minority businesses as principals, on | 8202 |
| contracts with the state, any political subdivision or | 8203 |
| instrumentality thereof, or any person as the obligee. The | 8204 |
| director as surety may exercise all the rights and powers of a | 8205 |
| company authorized by the department of insurance to execute bonds | 8206 |
| as surety but shall not be subject to any requirements of a surety | 8207 |
| company under Title XXXIX of the Revised Code nor to any rules of | 8208 |
| the department of insurance. | 8209 |
| (B) The director, with the advice of the minority development | 8210 |
| financing advisory board, shall adopt rules under Chapter 119. of | 8211 |
| the Revised Code establishing procedures for application for | 8212 |
| surety bonds by minority businesses and for review and approval of | 8213 |
| applications. The board shall review each application in | 8214 |
| accordance with the rules and, based on the bond worthiness of | 8215 |
| each applicant, shall refer all qualified applicants to the | 8216 |
| director. Based on the recommendation of the board, the director | 8217 |
| shall determine whether or not the applicant shall receive | 8218 |
| bonding. | 8219 |
| (C) | 8220 |
| 8221 | |
| 8222 | |
| 8223 | |
| 8224 | |
| 8225 | |
| 8226 | |
| 8227 |
| | 8228 |
| business to pay a premium in advance for the bond to be | 8229 |
| established by the director, with the advice of the board after | 8230 |
| the director receives advice from the superintendent of insurance | 8231 |
| regarding the standard market rates for premiums for similar | 8232 |
| bonds. All premiums paid by minority businesses shall be paid into | 8233 |
| the minority business bonding program administrative and loss | 8234 |
| reserve fund. | 8235 |
| | 8236 |
| by the director shall not exceed the amount of moneys in the | 8237 |
| minority business bonding fund and available to the fund under | 8238 |
| division (B) of section 169.05 of the Revised Code. | 8239 |
| | 8240 |
| technical and professional assistance as is considered necessary | 8241 |
| by the director, including providing advice regarding the standard | 8242 |
|
market
rates for bond premiums as described under division | 8243 |
| of this section. | 8244 |
| Sec. 122.94. The director of the department of development | 8245 |
| shall: | 8246 |
| (A) Promulgate rules in accordance with Chapter 119. of the | 8247 |
| Revised Code for the conduct of the minority business development | 8248 |
| division's business and for carrying out the purposes of sections | 8249 |
| 122.92 to 122.94 of the Revised Code; | 8250 |
| (B) Prepare an annual report to the governor and the general | 8251 |
| assembly on or before the first day of February of its activities | 8252 |
|
for the preceding calendar year. | 8253 |
| 8254 | |
| 8255 | |
| 8256 | |
| 8257 | |
| 8258 | |
| 8259 |
| Sec. 123.01. (A) The department of administrative services, | 8260 |
| in addition to those powers enumerated in Chapters 124. and 125. | 8261 |
| of the Revised Code and provided elsewhere by law, shall exercise | 8262 |
| the following powers: | 8263 |
| (1) To prepare, or contract to be prepared, by licensed | 8264 |
| engineers or architects, surveys, general and detailed plans, | 8265 |
| specifications, bills of materials, and estimates of cost for any | 8266 |
| projects, improvements, or public buildings to be constructed by | 8267 |
| state agencies that may be authorized by legislative | 8268 |
| appropriations or any other funds made available therefor, | 8269 |
| provided that the construction of the projects, improvements, or | 8270 |
| public buildings is a statutory duty of the department. This | 8271 |
| section does not require the independent employment of an | 8272 |
| architect or engineer as provided by section 153.01 of the Revised | 8273 |
| Code in the cases to which that section applies nor affect or | 8274 |
| alter the existing powers of the director of transportation. | 8275 |
| (2) To have general supervision over the construction of any | 8276 |
| projects, improvements, or public buildings constructed for a | 8277 |
| state agency and over the inspection of materials previous to | 8278 |
| their incorporation into those projects, improvements, or | 8279 |
| buildings; | 8280 |
| (3) To make contracts for and supervise the construction of | 8281 |
| any projects and improvements or the construction and repair of | 8282 |
| buildings under the control of a state agency, except contracts | 8283 |
| for the repair of buildings under the management and control of | 8284 |
| the departments of public safety, job and family services, mental | 8285 |
| health, mental retardation and developmental disabilities, | 8286 |
| rehabilitation and correction, and youth services, the bureau of | 8287 |
| workers' compensation, the rehabilitation services commission, and | 8288 |
| boards of trustees of educational and benevolent institutions and | 8289 |
| except contracts for the construction of projects that do not | 8290 |
| require the issuance of a building permit or the issuance of a | 8291 |
| certificate of occupancy and that are necessary to remediate | 8292 |
| conditions at a hazardous waste facility, solid waste facility, or | 8293 |
| other location at which the director of environmental protection | 8294 |
| has reason to believe there is a substantial threat to public | 8295 |
| health or safety or the environment. These contracts shall be made | 8296 |
| and entered into by the directors of public safety, job and family | 8297 |
| services, mental health, mental retardation and developmental | 8298 |
| disabilities, rehabilitation and correction, and youth services, | 8299 |
| the administrator of workers' compensation, the rehabilitation | 8300 |
| services commission, the boards of trustees of such institutions, | 8301 |
| and the director of environmental protection, respectively. All | 8302 |
| such contracts may be in whole or in part on unit price basis of | 8303 |
| maximum estimated cost, with payment computed and made upon actual | 8304 |
| quantities or units. | 8305 |
| (4) To prepare and suggest comprehensive plans for the | 8306 |
| development of grounds and buildings under the control of a state | 8307 |
| agency; | 8308 |
| (5) To acquire, by purchase, gift, devise, lease, or grant, | 8309 |
| all real estate required by a state agency, in the exercise of | 8310 |
| which power the department may exercise the power of eminent | 8311 |
| domain, in the manner provided by sections 163.01 to 163.22 of the | 8312 |
| Revised Code; | 8313 |
| (6) To make and provide all plans, specifications, and models | 8314 |
| for the construction and perfection of all systems of sewerage, | 8315 |
| drainage, and plumbing for the state in connection with buildings | 8316 |
| and grounds under the control of a state agency; | 8317 |
| (7) To erect, supervise, and maintain all public monuments | 8318 |
| and memorials erected by the state, except where the supervision | 8319 |
| and maintenance is otherwise provided by law; | 8320 |
| (8) To procure, by lease, storage accommodations for a state | 8321 |
| agency; | 8322 |
| (9) To lease or grant easements or licenses for unproductive | 8323 |
| and unused lands or other property under the control of a state | 8324 |
| agency. Such leases, easements, or licenses shall be granted for a | 8325 |
| period not to exceed fifteen years and shall be executed for the | 8326 |
| state by the director of administrative services and the governor | 8327 |
| and shall be approved as to form by the attorney general, provided | 8328 |
| that leases, easements, or licenses may be granted to any county, | 8329 |
| township, municipal corporation, port authority, water or sewer | 8330 |
| district, school district, library district, health district, park | 8331 |
| district, soil and water conservation district, conservancy | 8332 |
| district, or other political subdivision or taxing district, or | 8333 |
| any agency of the United States government, for the exclusive use | 8334 |
| of that agency, political subdivision, or taxing district, without | 8335 |
| any right of sublease or assignment, for a period not to exceed | 8336 |
| fifteen years, and provided that the director shall grant leases, | 8337 |
| easements, or licenses of university land for periods not to | 8338 |
| exceed twenty-five years for purposes approved by the respective | 8339 |
| university's board of trustees wherein the uses are compatible | 8340 |
| with the uses and needs of the university and may grant leases of | 8341 |
| university land for periods not to exceed forty years for purposes | 8342 |
| approved by the respective university's board of trustees pursuant | 8343 |
| to section 123.77 of the Revised Code. | 8344 |
| (10) To lease | 8345 |
| state agency; | 8346 |
| (11) To have general supervision and care of the storerooms, | 8347 |
| offices, and buildings leased for the use of a state agency; | 8348 |
| (12) To exercise general custodial care of all real property | 8349 |
| of the state; | 8350 |
| (13) To assign and group together state offices in any city | 8351 |
| in the state and to establish, in cooperation with the state | 8352 |
| agencies involved, rules governing space requirements for office | 8353 |
| or storage use; | 8354 |
| (14) To lease for a period not to exceed forty years, | 8355 |
| pursuant to a contract providing for the construction thereof | 8356 |
| under a lease-purchase plan, buildings, structures, and other | 8357 |
| improvements for any public purpose, and, in conjunction | 8358 |
| therewith, to grant leases, easements, or licenses for lands under | 8359 |
| the control of a state agency for a period not to exceed forty | 8360 |
| years. The lease-purchase plan shall provide that at the end of | 8361 |
| the lease period, the buildings, structures, and related | 8362 |
| improvements, together with the land on which they are situated, | 8363 |
| shall become the property of the state without cost. | 8364 |
| (a) Whenever any building, structure, or other improvement is | 8365 |
| to be so leased by a state agency, the department shall retain | 8366 |
| either basic plans, specifications, bills of materials, and | 8367 |
| estimates of cost with sufficient detail to afford bidders all | 8368 |
| needed information or, alternatively, all of the following plans, | 8369 |
| details, bills of materials, and specifications: | 8370 |
| (i) Full and accurate plans suitable for the use of mechanics | 8371 |
| and other builders in the improvement; | 8372 |
| (ii) Details to scale and full sized, so drawn and | 8373 |
| represented as to be easily understood; | 8374 |
| (iii) Accurate bills showing the exact quantity of different | 8375 |
| kinds of material necessary to the construction; | 8376 |
| (iv) Definite and complete specifications of the work to be | 8377 |
| performed, together with such directions as will enable a | 8378 |
| competent mechanic or other builder to carry them out and afford | 8379 |
| bidders all needed information; | 8380 |
| (v) A full and accurate estimate of each item of expense and | 8381 |
| of the aggregate cost thereof. | 8382 |
| (b) The department shall give public notice, in such | 8383 |
| newspaper, in such form, and with such phraseology as the director | 8384 |
| of administrative services prescribes, published once each week | 8385 |
| for four consecutive weeks, of the time when and place where bids | 8386 |
| will be received for entering into an agreement to lease to a | 8387 |
| state agency a building, structure, or other improvement. The last | 8388 |
| publication shall be at least eight days preceding the day for | 8389 |
| opening the bids. The bids shall contain the terms upon which the | 8390 |
| builder would propose to lease the building, structure, or other | 8391 |
| improvement to the state agency. The form of the bid approved by | 8392 |
| the department shall be used, and a bid is invalid and shall not | 8393 |
| be considered unless that form is used without change, alteration, | 8394 |
| or addition. Before submitting bids pursuant to this section, any | 8395 |
| builder shall comply with Chapter 153. of the Revised Code. | 8396 |
| (c) On the day and at the place named for receiving bids for | 8397 |
| entering into lease agreements with a state agency, the director | 8398 |
| of administrative services shall open the bids and shall publicly | 8399 |
| proceed immediately to tabulate the bids upon duplicate sheets. No | 8400 |
| lease agreement shall be entered into until the bureau of workers' | 8401 |
| compensation has certified that the person to be awarded the lease | 8402 |
| agreement has complied with Chapter 4123. of the Revised Code, | 8403 |
| until, if the builder submitting the lowest and best bid is a | 8404 |
| foreign corporation, the secretary of state has certified that the | 8405 |
| corporation is authorized to do business in this state, until, if | 8406 |
| the builder submitting the lowest and best bid is a person | 8407 |
| nonresident of this state, the person has filed with the secretary | 8408 |
| of state a power of attorney designating the secretary of state as | 8409 |
| its agent for the purpose of accepting service of summons in any | 8410 |
| action brought under Chapter 4123. of the Revised Code, and until | 8411 |
| the agreement is submitted to the attorney general and the | 8412 |
| attorney general's approval is certified thereon. Within thirty | 8413 |
| days after the day on which the bids are received, the department | 8414 |
| shall investigate the bids received and shall determine that the | 8415 |
| bureau and the secretary of state have made the certifications | 8416 |
| required by this section of the builder who has submitted the | 8417 |
| lowest and best bid. Within ten days of the completion of the | 8418 |
| investigation of the bids, the department shall award the lease | 8419 |
| agreement to the builder who has submitted the lowest and best bid | 8420 |
| and who has been certified by the bureau and secretary of state as | 8421 |
| required by this section. If bidding for the lease agreement has | 8422 |
| been conducted upon the basis of basic plans, specifications, | 8423 |
| bills of materials, and estimates of costs, upon the award to the | 8424 |
| builder the department, or the builder with the approval of the | 8425 |
| department, shall appoint an architect or engineer licensed in | 8426 |
| this state to prepare such further detailed plans, specifications, | 8427 |
| and bills of materials as are required to construct the building, | 8428 |
| structure, or improvement. The department shall adopt such rules | 8429 |
| as are necessary to give effect to this section. The department | 8430 |
| may reject any bid. Where there is reason to believe there is | 8431 |
| collusion or combination among bidders, the bids of those | 8432 |
| concerned therein shall be rejected. | 8433 |
| (15) To acquire by purchase, gift, devise, or grant and to | 8434 |
| transfer, lease, or otherwise dispose of all real property | 8435 |
| required to assist in the development of a conversion facility as | 8436 |
| defined in section 5709.30 of the Revised Code as that section | 8437 |
| existed before its repeal by Amended Substitute House Bill 95 of | 8438 |
| the 125th general assembly; | 8439 |
| (16) To lease for a period not to exceed forty years, | 8440 |
| notwithstanding any other division of this section, the | 8441 |
| state-owned property located at 408-450 East Town Street, | 8442 |
| Columbus, Ohio, formerly the state school for the deaf, to a | 8443 |
| developer in accordance with this section. "Developer," as used in | 8444 |
| this section, has the same meaning as in section 123.77 of the | 8445 |
| Revised Code. | 8446 |
| Such a lease shall be for the purpose of development of the | 8447 |
| land for use by senior citizens by constructing, altering, | 8448 |
| renovating, repairing, expanding, and improving the site as it | 8449 |
| existed on June 25, 1982. A developer desiring to lease the land | 8450 |
| shall prepare for submission to the department a plan for | 8451 |
| development. Plans shall include provisions for roads, sewers, | 8452 |
| water lines, waste disposal, water supply, and similar matters to | 8453 |
| meet the requirements of state and local laws. The plans shall | 8454 |
| also include provision for protection of the property by insurance | 8455 |
| or otherwise, and plans for financing the development, and shall | 8456 |
| set forth details of the developer's financial responsibility. | 8457 |
| The department may employ, as employees or consultants, | 8458 |
| persons needed to assist in reviewing the development plans. Those | 8459 |
| persons may include attorneys, financial experts, engineers, and | 8460 |
| other necessary experts. The department shall review the | 8461 |
| development plans and may enter into a lease if it finds all of | 8462 |
| the following: | 8463 |
| (a) The best interests of the state will be promoted by | 8464 |
| entering into a lease with the developer; | 8465 |
| (b) The development plans are satisfactory; | 8466 |
| (c) The developer has established the developer's financial | 8467 |
| responsibility and satisfactory plans for financing the | 8468 |
| development. | 8469 |
| The lease shall contain a provision that construction or | 8470 |
| renovation of the buildings, roads, structures, and other | 8471 |
| necessary facilities shall begin within one year after the date of | 8472 |
| the lease and shall proceed according to a schedule agreed to | 8473 |
| between the department and the developer or the lease will be | 8474 |
| terminated. The lease shall contain such conditions and | 8475 |
| stipulations as the director considers necessary to preserve the | 8476 |
| best interest of the state. Moneys received by the state pursuant | 8477 |
| to this lease shall be paid into the general revenue fund. The | 8478 |
| lease shall provide that at the end of the lease period the | 8479 |
| buildings, structures, and related improvements shall become the | 8480 |
| property of the state without cost. | 8481 |
| (17) To lease to any person any tract of land owned by the | 8482 |
| state and under the control of the department, or any part of such | 8483 |
| a tract, for the purpose of drilling for or the pooling of oil or | 8484 |
| gas. Such a lease shall be granted for a period not exceeding | 8485 |
| forty years, with the full power to contract for, determine the | 8486 |
| conditions governing, and specify the amount the state shall | 8487 |
| receive for the purposes specified in the lease, and shall be | 8488 |
| prepared as in other cases. | 8489 |
| (18) To manage the use of space owned and controlled by the | 8490 |
| department, including space in property under the jurisdiction of | 8491 |
| the Ohio building authority, by doing all of the following: | 8492 |
| (a) Biennially implementing, by state agency location, a | 8493 |
| census of agency employees assigned space; | 8494 |
| (b) Periodically in the discretion of the director of | 8495 |
| administrative services: | 8496 |
| (i) Requiring each state agency to categorize the use of | 8497 |
| space allotted to the agency between office space, common areas, | 8498 |
| storage space, and other uses, and to report its findings to the | 8499 |
| department; | 8500 |
| (ii) Creating and updating a master space utilization plan | 8501 |
| for all space allotted to state agencies. The plan shall | 8502 |
| incorporate space utilization metrics. | 8503 |
| (iii) Conducting a cost-benefit analysis to determine the | 8504 |
| effectiveness of state-owned buildings; | 8505 |
| (iv) Assessing the alternatives associated with consolidating | 8506 |
| the commercial leases for buildings located in Columbus. | 8507 |
| (c) Commissioning a comprehensive space utilization and | 8508 |
| capacity study in order to determine the feasibility of | 8509 |
| consolidating existing commercially leased space used by state | 8510 |
| agencies into a new state-owned facility. | 8511 |
| (B) This section and section 125.02 of the Revised Code shall | 8512 |
| not interfere with any of the following: | 8513 |
| (1) The power of the adjutant general to purchase military | 8514 |
| supplies, or with the custody of the adjutant general of property | 8515 |
| leased, purchased, or constructed by the state and used for | 8516 |
| military purposes, or with the functions of the adjutant general | 8517 |
| as director of state armories; | 8518 |
| (2) The power of the director of transportation in acquiring | 8519 |
| rights-of-way for the state highway system, or the leasing of | 8520 |
| lands for division or resident district offices, or the leasing of | 8521 |
| lands or buildings required in the maintenance operations of the | 8522 |
| department of transportation, or the purchase of real property for | 8523 |
| garage sites or division or resident district offices, or in | 8524 |
| preparing plans and specifications for and constructing such | 8525 |
| buildings as the director may require in the administration of the | 8526 |
| department; | 8527 |
| (3) The power of the director of public safety and the | 8528 |
| registrar of motor vehicles to purchase or lease real property and | 8529 |
| buildings to be used solely as locations to which a deputy | 8530 |
| registrar is assigned pursuant to division (B) of section 4507.011 | 8531 |
| of the Revised Code and from which the deputy registrar is to | 8532 |
| conduct the deputy registrar's business, the power of the director | 8533 |
| of public safety to purchase or lease real property and buildings | 8534 |
| to be used as locations for division or district offices as | 8535 |
| required in the maintenance of operations of the department of | 8536 |
| public safety, and the power of the superintendent of the state | 8537 |
| highway patrol in the purchase or leasing of real property and | 8538 |
| buildings needed by the patrol, to negotiate the sale of real | 8539 |
| property owned by the patrol, to rent or lease real property owned | 8540 |
| or leased by the patrol, and to make or cause to be made repairs | 8541 |
| to all property owned or under the control of the patrol; | 8542 |
| (4) The power of the division of liquor control in the | 8543 |
| leasing or purchasing of retail outlets and warehouse facilities | 8544 |
| for the use of the division; | 8545 |
| (5) The power of the director of development to enter into | 8546 |
| leases of real property, buildings, and office space to be used | 8547 |
| solely as locations for the state's foreign offices to carry out | 8548 |
| the purposes of section 122.05 of the Revised Code; | 8549 |
| (6) The power of the director of environmental protection to | 8550 |
| enter into environmental covenants, to grant and accept easements, | 8551 |
| or to sell property pursuant to division (G) of section 3745.01 of | 8552 |
| the Revised Code. | 8553 |
| (C) Purchases for, and the custody and repair of, buildings | 8554 |
| under the management and control of the capitol square review and | 8555 |
| advisory board, the rehabilitation services commission, the bureau | 8556 |
| of workers' compensation, or the departments of public safety, job | 8557 |
| and family services, mental health, mental retardation and | 8558 |
| developmental disabilities, and rehabilitation and correction, and | 8559 |
| buildings of educational and benevolent institutions under the | 8560 |
| management and control of boards of trustees, are not subject to | 8561 |
| the control and jurisdiction of the department of administrative | 8562 |
| services. | 8563 |
| (D) Any instrument by which real property is acquired | 8564 |
| pursuant to this section shall identify the agency of the state | 8565 |
| that has the use and benefit of the real property as specified in | 8566 |
| section 5301.012 of the Revised Code. | 8567 |
| Sec. 124.03. (A) The state personnel board of review shall | 8568 |
| exercise the following powers and perform the following duties: | 8569 |
| (1) Hear appeals, as provided by law, of employees in the | 8570 |
| classified state service from final decisions of appointing | 8571 |
| authorities or the director of administrative services relative to | 8572 |
| reduction in pay or position, job abolishments, layoff, | 8573 |
| suspension, discharge, assignment or reassignment to a new or | 8574 |
| different position classification, or refusal of the director, or | 8575 |
| anybody authorized to perform the director's functions, to | 8576 |
| reassign an employee to another classification or to reclassify | 8577 |
| the employee's position with or without a job audit under division | 8578 |
| (D) of section 124.14 of the Revised Code. As used in this | 8579 |
| division, "discharge" includes disability separations. | 8580 |
| The state personnel board of review may affirm, disaffirm, or | 8581 |
| modify the decisions of the appointing authorities or the | 8582 |
| director, as the case may be, and its decision is final. The | 8583 |
| 8584 | |
| consistent with the applicable classification specifications. | 8585 |
| The state personnel board of review shall not be deprived of | 8586 |
| jurisdiction to hear any appeal due to the failure of an | 8587 |
| appointing authority to file its decision with the board. Any | 8588 |
| final decision of an appointing authority or of the director not | 8589 |
| filed in the manner provided in this chapter shall be disaffirmed. | 8590 |
| The state personnel board of review may place an exempt | 8591 |
| employee, as defined in section 124.152 of the Revised Code, into | 8592 |
| a bargaining unit classification, if the state personnel board of | 8593 |
| review determines that the bargaining unit classification is the | 8594 |
| proper classification for that employee. Notwithstanding Chapter | 8595 |
| 4117. of the Revised Code or instruments and contracts negotiated | 8596 |
|
under it, such placements are at the
| 8597 |
| state personnel board of review. | 8598 |
| The mere failure of an employee's appointing authority to | 8599 |
| file a statement with the department of administrative services | 8600 |
| indicating that the employee is in the unclassified civil service, | 8601 |
| or the mere late filing of such a statement, does not prevent the | 8602 |
| state personnel board of review from determining that the employee | 8603 |
| is in the unclassified civil service. In determining whether an | 8604 |
| employee is in the unclassified civil service, the state personnel | 8605 |
| board of review shall consider the inherent nature of the duties | 8606 |
| of the employee's classification during the two-year period | 8607 |
| immediately preceding the appointing authority's appealable action | 8608 |
| relating to the employee. | 8609 |
| In any hearing before the state personnel board of review, | 8610 |
| including any hearing at which a record is taken that may be the | 8611 |
| basis of an appeal to a court, an employee may be represented by a | 8612 |
| person permitted to practice before the state personnel board of | 8613 |
| review who is not an attorney at law as long as the person does | 8614 |
| not receive any compensation from the employee for the | 8615 |
| representation. | 8616 |
| (2) Hear appeals, as provided by law, of appointing | 8617 |
| authorities from final decisions of the director relative to the | 8618 |
| classification or reclassification of any position in the | 8619 |
| classified state service under the jurisdiction of that | 8620 |
| appointing authority. The state personnel board of review may | 8621 |
| affirm, disaffirm, or modify the decisions of the director, and | 8622 |
|
its decision is final. The
| 8623 |
| personnel board of review shall be consistent with the applicable | 8624 |
| classification specifications. | 8625 |
| (3) Exercise the authority provided by section 124.40 of the | 8626 |
| Revised Code, for appointment, removal, and supervision of | 8627 |
| municipal and civil service township civil service commissions; | 8628 |
| (4) | 8629 |
| 8630 | |
|
employment relations board in the exercise of | 8631 |
|
performance of | 8632 |
|
personnel board | 8633 |
| 8634 | |
| 8635 | |
| 8636 | |
| 8637 |
| (5) Maintain a journal that shall be open to public | 8638 |
| inspection, in which it shall keep a record of all of its | 8639 |
| proceedings and of the vote of each of its members upon every | 8640 |
| action taken by it; | 8641 |
| (6) Adopt rules in accordance with Chapter 119. of the | 8642 |
| Revised Code relating to the procedure of the state personnel | 8643 |
| board of review in administering the laws it has the authority or | 8644 |
| duty to administer and for the purpose of invoking the | 8645 |
| jurisdiction of the state personnel board of review in hearing | 8646 |
| appeals of appointing authorities and employees in matters set | 8647 |
| forth in divisions (A)(1) and (2) of this section; | 8648 |
| (7) Subpoena and require the attendance and testimony of | 8649 |
| witnesses and the production of books, papers, public records, and | 8650 |
| other documentary evidence pertinent to any matter it has | 8651 |
| authority to investigate, inquire into, or hear in the same manner | 8652 |
| and to the same extent as provided by division (G) of section | 8653 |
| 124.09 of the Revised Code. All witness fees shall be paid in the | 8654 |
| manner set forth in that division. | 8655 |
| (B) The state personnel board of review shall exist as a | 8656 |
| separate entity within the administrative structure of the state | 8657 |
| employment relations board. | 8658 |
| (C) The state personnel board of review shall be funded by | 8659 |
| general revenue fund appropriations. All moneys received by the | 8660 |
| state personnel board of review for copies of documents, rule | 8661 |
| books, and transcriptions shall be paid into the state treasury to | 8662 |
|
the credit of the | 8663 |
|
publications, and grants
fund | 8664 |
| 8665 | |
| 4117.24 of the Revised Code. | 8666 |
| Sec. 124.04. In addition to those powers enumerated in | 8667 |
| Chapters 123. and 125. of the Revised Code and as provided | 8668 |
| elsewhere by law, the powers, duties, and functions of the | 8669 |
| department of administrative services not specifically vested in | 8670 |
| and assigned to, or to be performed by, the state personnel board | 8671 |
| of review are hereby vested in and assigned to, and shall be | 8672 |
| performed by, the director of administrative services. These | 8673 |
| powers, duties, and functions shall include, but shall not be | 8674 |
| limited to, the following powers, duties, and functions: | 8675 |
| (A) To prepare, conduct, and grade all competitive | 8676 |
| examinations for positions in the classified state service; | 8677 |
| (B) To prepare, conduct, and grade all noncompetitive | 8678 |
| examinations for positions in the classified state service; | 8679 |
| (C) To prepare eligible lists containing the names of persons | 8680 |
| qualified for appointment to positions in the classified state | 8681 |
| service; | 8682 |
| (D) To prepare or amend, in accordance with section 124.14 of | 8683 |
| the Revised Code, specifications descriptive of duties, | 8684 |
| responsibilities, requirements, and desirable qualifications of | 8685 |
| the various classifications of positions in the state service; | 8686 |
| (E) To allocate and reallocate, upon the motion of the | 8687 |
| director or upon request of an appointing authority and in | 8688 |
| accordance with section 124.14 of the Revised Code, any position, | 8689 |
| office, or employment in the state service to the appropriate | 8690 |
| classification on the basis of the duties, responsibilities, | 8691 |
| requirements, and qualifications of that position, office, or | 8692 |
| employment; | 8693 |
| (F) To develop and conduct personnel recruitment services for | 8694 |
| positions in the state service; | 8695 |
| (G) To conduct research on specifications, classifications, | 8696 |
| and salaries of positions in the state service; | 8697 |
| (H) To develop and conduct personnel training programs, | 8698 |
| including supervisory training programs and best practices plans, | 8699 |
| and to develop merit hiring processes, in cooperation with | 8700 |
| appointing authorities; | 8701 |
| (I) To include periodically in communications sent to state | 8702 |
| employees both of the following: | 8703 |
| (1) Information developed under section 2108.34 of the | 8704 |
| Revised Code promoting the donation of anatomical gifts under | 8705 |
| Chapter 2108. of the Revised Code; | 8706 |
| (2) Information about the liver or kidney donor and bone | 8707 |
| marrow donor leave granted under section 124.139 of the Revised | 8708 |
| Code. | 8709 |
| (J) To enter into agreements with universities and colleges | 8710 |
| for in-service training of officers and employees in the civil | 8711 |
| service and to assist appointing authorities in recruiting | 8712 |
| qualified applicants; | 8713 |
| (K) To appoint examiners, inspectors, clerks, and other | 8714 |
| assistants necessary in the exercise of the powers and performance | 8715 |
| of the duties and functions which the director is by law | 8716 |
| authorized and required to exercise and perform, and to prescribe | 8717 |
| the duties of all of those employees; | 8718 |
| (L) To maintain a journal, which shall be open to public | 8719 |
| inspection, in which the director shall keep a record of the | 8720 |
| director's final decision pertaining to the classification or | 8721 |
| reclassification of positions in the classified civil service of | 8722 |
| the state and assignment or reassignment of employees in the | 8723 |
| classified civil service of the state to specific position | 8724 |
| classifications; | 8725 |
| (M) To delegate any of the powers, functions, or duties | 8726 |
| granted or assigned to the director under this chapter to any | 8727 |
| other state agency of this state as the director considers | 8728 |
| necessary; | 8729 |
| (N) To delegate any of the powers, functions, or duties | 8730 |
| granted or assigned to the director under this chapter to any | 8731 |
| political subdivision with the concurrence of the legislative | 8732 |
| authority of the political subdivision. | 8733 |
| (O) To administer a state equal employment opportunity | 8734 |
| program. | 8735 |
| (P) To develop customer service performance standards for | 8736 |
| officers and employees of state agencies under section 124.95 of | 8737 |
| the Revised Code. | 8738 |
| Sec. 124.07. (A) The director of administrative services | 8739 |
| shall appoint examiners, inspectors, clerks, and other assistants | 8740 |
| as necessary to carry out sections 124.01 to 124.64 of the Revised | 8741 |
| Code. The director may designate persons in or out of the service | 8742 |
| of the state to serve as examiners or assistants under the | 8743 |
| director's direction. An examiner or assistant shall receive the | 8744 |
| compensation for each day actually and necessarily spent in the | 8745 |
| discharge of duties as an examiner or assistant that the director | 8746 |
| determines; provided that, if the examiner or assistant is in the | 8747 |
| service of the state or any political subdivision of the state, it | 8748 |
| shall be a part of the examiner's or assistant's official duties | 8749 |
| to render those services in connection with an examination without | 8750 |
| extra compensation. | 8751 |
| (B) Each state agency shall pay the cost of the services and | 8752 |
| facilities furnished to it by the department of administrative | 8753 |
| services that are necessary to provide and maintain payroll | 8754 |
| services as prescribed in section 125.21 of the Revised Code and | 8755 |
| state merit standards as prescribed in sections 124.01 to 124.64 | 8756 |
| of the Revised Code for the agency. If a state-supported college | 8757 |
| or university or a municipal corporation chooses to use the | 8758 |
| services and facilities furnished by the department that are | 8759 |
| necessary to provide and maintain the services and standards so | 8760 |
| prescribed, the state-supported college or university or municipal | 8761 |
| corporation shall pay the cost of the services and facilities that | 8762 |
| the department furnishes to it. The charges against a state | 8763 |
| agency, a state-supported college or university, or a municipal | 8764 |
| corporation shall be computed on a reasonable cost basis in | 8765 |
| accordance with procedures prescribed by the director of budget | 8766 |
| and management. Any moneys the department receives from a state | 8767 |
| agency, a state-supported college or university, or a municipal | 8768 |
| corporation under this division that are in excess of the amount | 8769 |
| necessary to pay the cost of furnishing the department's services | 8770 |
| and facilities during any fiscal year shall be either refunded to | 8771 |
| or credited for the ensuing fiscal year to the state agency, the | 8772 |
| state-supported college or university, or the municipal | 8773 |
| corporation. | 8774 |
| (C) The director of administrative services may enter into an | 8775 |
| agreement with any county, municipal corporation, or other | 8776 |
| political subdivision to furnish services and facilities of the | 8777 |
| department in the administration of a merit program or other | 8778 |
| functions related to human resources that include, but are not | 8779 |
| limited to, providing competitive examinations for positions in | 8780 |
| the classified service. The agreement shall provide that the | 8781 |
| department shall be reimbursed for the reasonable costs of those | 8782 |
| services and facilities as determined by the director. | 8783 |
| (D) All moneys received by the department as reimbursement | 8784 |
|
for | 8785 |
| performed and facilities furnished under this section, such as | 8786 |
| competitive examinations administered, shall be paid into the | 8787 |
| state treasury to the credit of the human resources services fund, | 8788 |
| which is hereby created. | 8789 |
| (E) In counties of the state in which are located cities | 8790 |
| having municipal civil service commissions, the director of | 8791 |
| administrative services may designate the municipal civil service | 8792 |
| commission of the largest city within the county as the director's | 8793 |
| agent for the purpose of carrying out the provisions of sections | 8794 |
| 124.01 to 124.64 of the Revised Code, within the county, that the | 8795 |
| director designates. Each municipal civil service commission | 8796 |
| designated as an agent of the director shall render to the | 8797 |
| director, at the end of each month, an itemized statement of the | 8798 |
| cost incurred by the commission for work done as the agent of the | 8799 |
| director, and the director, after approving that statement, shall | 8800 |
| pay the total amount of it to the treasurer of the municipal | 8801 |
| corporation in the same manner as other expenses of the department | 8802 |
| of administrative services. | 8803 |
| (F) The director of administrative services and the | 8804 |
| examiners, inspectors, clerks, and assistants referred to in this | 8805 |
| section shall receive, in addition to their salaries, | 8806 |
| reimbursement for necessary traveling and other expenses incurred | 8807 |
| in the actual discharge of their official duties. The director may | 8808 |
| also incur the necessary expenses for stationery, printing, and | 8809 |
| other supplies incident to the business of the department. | 8810 |
| Sec. 124.11. The civil service of the state and the several | 8811 |
| counties, cities, civil service townships, city health districts, | 8812 |
| general health districts, and city school districts of the state | 8813 |
| shall be divided into the unclassified service and the classified | 8814 |
| service. | 8815 |
| (A) The unclassified service shall comprise the following | 8816 |
| positions, which shall not be included in the classified service, | 8817 |
| and which shall be exempt from all examinations required by this | 8818 |
| chapter: | 8819 |
| (1) All officers elected by popular vote or persons appointed | 8820 |
| to fill vacancies in those offices; | 8821 |
| (2) All election officers as defined in section 3501.01 of | 8822 |
| the Revised Code; | 8823 |
| (3)(a) The members of all boards and commissions, and heads | 8824 |
| of principal departments, boards, and commissions appointed by the | 8825 |
| governor or by and with the governor's consent; | 8826 |
| (b) The heads of all departments appointed by a board of | 8827 |
| county commissioners; | 8828 |
| (c) The members of all boards and commissions and all heads | 8829 |
| of departments appointed by the mayor, or, if there is no mayor, | 8830 |
| such other similar chief appointing authority of any city or city | 8831 |
| school district; | 8832 |
| Except as otherwise provided in division (A)(17) or (C) of | 8833 |
| this section, this chapter does not exempt the chiefs of police | 8834 |
| departments and chiefs of fire departments of cities or civil | 8835 |
| service townships from the competitive classified service. | 8836 |
| (4) The members of county or district licensing boards or | 8837 |
| commissions and boards of revision, and not more than five deputy | 8838 |
| county auditors; | 8839 |
| (5) All officers and employees elected or appointed by either | 8840 |
| or both branches of the general assembly, and employees of the | 8841 |
| city legislative authority engaged in legislative duties; | 8842 |
| (6) All commissioned, warrant, and noncommissioned officers | 8843 |
| and enlisted persons in the Ohio organized militia, including | 8844 |
| military appointees in the adjutant general's department; | 8845 |
| (7)(a) All presidents, business managers, administrative | 8846 |
| officers, superintendents, assistant superintendents, principals, | 8847 |
| deans, assistant deans, instructors, teachers, and such employees | 8848 |
| as are engaged in educational or research duties connected with | 8849 |
| the public school system, colleges, and universities, as | 8850 |
| determined by the governing body of the public school system, | 8851 |
| colleges, and universities; | 8852 |
| (b) The library staff of any library in the state supported | 8853 |
| wholly or in part at public expense. | 8854 |
| (8) Four clerical and administrative support employees for | 8855 |
| each of the elective state officers, four clerical and | 8856 |
| administrative support employees for each board of county | 8857 |
| commissioners and one such employee for each county commissioner, | 8858 |
| and four clerical and administrative support employees for other | 8859 |
| elective officers and each of the principal appointive executive | 8860 |
| officers, boards, or commissions, except for civil service | 8861 |
| commissions, that are authorized to appoint such clerical and | 8862 |
| administrative support employees; | 8863 |
| (9) The deputies and assistants of state agencies authorized | 8864 |
| to act for and on behalf of the agency, or holding a fiduciary or | 8865 |
| administrative relation to that agency and those persons employed | 8866 |
| by and directly responsible to elected county officials or a | 8867 |
| county administrator and holding a fiduciary or administrative | 8868 |
| relationship to such elected county officials or county | 8869 |
| administrator, and the employees of such county officials whose | 8870 |
| fitness would be impracticable to determine by competitive | 8871 |
| examination, provided that division (A)(9) of this section shall | 8872 |
| not affect those persons in county employment in the classified | 8873 |
| service as of September 19, 1961. Nothing in division (A)(9) of | 8874 |
| this section applies to any position in a county department of job | 8875 |
| and family services created pursuant to Chapter 329. of the | 8876 |
| Revised Code. | 8877 |
| (10) Bailiffs, constables, official stenographers, and | 8878 |
| commissioners of courts of record, deputies of clerks of the | 8879 |
| courts of common pleas who supervise or who handle public moneys | 8880 |
| or secured documents, and such officers and employees of courts of | 8881 |
| record and such deputies of clerks of the courts of common pleas | 8882 |
| as the director of administrative services finds it impracticable | 8883 |
| to determine their fitness by competitive examination; | 8884 |
| (11) Assistants to the attorney general, special counsel | 8885 |
| appointed or employed by the attorney general, assistants to | 8886 |
| county prosecuting attorneys, and assistants to city directors of | 8887 |
| law; | 8888 |
| (12) Such teachers and employees in the agricultural | 8889 |
| experiment stations; such students in normal schools, colleges, | 8890 |
| and universities of the state who are employed by the state or a | 8891 |
| political subdivision of the state in student or intern | 8892 |
| classifications; and such unskilled labor positions as the | 8893 |
| director of administrative services or any municipal civil service | 8894 |
| commission may find it impracticable to include in the competitive | 8895 |
| classified service; provided such exemptions shall be by order of | 8896 |
| the commission or the director, duly entered on the record of the | 8897 |
| commission or the director with the reasons for each such | 8898 |
| exemption; | 8899 |
| (13) Any physician or dentist who is a full-time employee of | 8900 |
| the department of mental health, the department of mental | 8901 |
| retardation and developmental disabilities, or an institution | 8902 |
| under the jurisdiction of either department; and physicians who | 8903 |
| are in residency programs at the institutions; | 8904 |
| (14) Up to twenty positions at each institution under the | 8905 |
| jurisdiction of the department of mental health or the department | 8906 |
| of mental retardation and developmental disabilities that the | 8907 |
| department director determines to be primarily administrative or | 8908 |
| managerial; and up to fifteen positions in any division of either | 8909 |
| department, excluding administrative assistants to the director | 8910 |
| and division chiefs, which are within the immediate staff of a | 8911 |
| division chief and which the director determines to be primarily | 8912 |
| and distinctively administrative and managerial; | 8913 |
| (15) Noncitizens of the United States employed by the state, | 8914 |
| or its counties or cities, as physicians or nurses who are duly | 8915 |
| licensed to practice their respective professions under the laws | 8916 |
| of this state, or medical assistants, in mental or chronic disease | 8917 |
| hospitals, or institutions; | 8918 |
| (16) Employees of the governor's office; | 8919 |
| (17) Fire chiefs and chiefs of police in civil service | 8920 |
| townships appointed by boards of township trustees under section | 8921 |
| 505.38 or 505.49 of the Revised Code; | 8922 |
| (18) Executive directors, deputy directors, and program | 8923 |
| directors employed by boards of alcohol, drug addiction, and | 8924 |
| mental health services under Chapter 340. of the Revised Code, and | 8925 |
| secretaries of the executive directors, deputy directors, and | 8926 |
| program directors; | 8927 |
| (19) Superintendents, and management employees as defined in | 8928 |
| section 5126.20 of the Revised Code, of county boards of mental | 8929 |
| retardation and developmental disabilities; | 8930 |
| (20) Physicians, nurses, and other employees of a county | 8931 |
| hospital who are appointed pursuant to sections 339.03 and 339.06 | 8932 |
| of the Revised Code; | 8933 |
| (21) The executive director of the state medical board, who | 8934 |
| is appointed pursuant to division (B) of section 4731.05 of the | 8935 |
| Revised Code; | 8936 |
| (22) County directors of job and family services as provided | 8937 |
| in section 329.02 of the Revised Code and administrators appointed | 8938 |
| under section 329.021 of the Revised Code; | 8939 |
| (23) A director of economic development who is hired pursuant | 8940 |
| to division (A) of section 307.07 of the Revised Code; | 8941 |
| (24) Chiefs of construction and compliance, of operations and | 8942 |
| maintenance, and of licensing and certification in the division | 8943 |
| of industrial compliance in the department of commerce; | 8944 |
| (25) The executive director of a county transit system | 8945 |
| appointed under division (A) of section 306.04 of the Revised | 8946 |
| Code; | 8947 |
| (26) Up to five positions at each of the administrative | 8948 |
| departments listed in section 121.02 of the Revised Code and at | 8949 |
| the department of taxation, department of the adjutant general, | 8950 |
| department of education, Ohio board of regents, bureau of workers' | 8951 |
| compensation, industrial commission, state lottery commission, and | 8952 |
| public utilities commission of Ohio that the head of that | 8953 |
| administrative department or of that other state agency determines | 8954 |
| to be involved in policy development and implementation. The head | 8955 |
| of the administrative department or other state agency shall set | 8956 |
| the compensation for employees in these positions at a rate that | 8957 |
| is not less than the minimum compensation specified in pay range | 8958 |
| 41 but not more than the maximum compensation specified in pay | 8959 |
| range 44 of salary schedule E-2 in section 124.152 of the Revised | 8960 |
| Code. The authority to establish positions in the unclassified | 8961 |
| service under division (A)(26) of this section is in addition to | 8962 |
| and does not limit any other authority that an administrative | 8963 |
| department or state agency has under the Revised Code to establish | 8964 |
| positions, appoint employees, or set compensation. | 8965 |
| (27) Employees of the department of agriculture employed | 8966 |
| under section 901.09 of the Revised Code; | 8967 |
| (28) For cities, counties, civil service townships, city | 8968 |
| health districts, general health districts, and city school | 8969 |
| districts, the deputies and assistants of elective or principal | 8970 |
| executive officers authorized to act for and in the place of their | 8971 |
| principals or holding a fiduciary relation to their principals; | 8972 |
| (29) Employees who receive intermittent or temporary | 8973 |
| appointments under division (B) of section 124.30 of the Revised | 8974 |
| Code; | 8975 |
| (30) Employees appointed to administrative staff positions | 8976 |
| for which an appointing authority is given specific statutory | 8977 |
| authority to set compensation; | 8978 |
| (31) Employees appointed to highway patrol cadet or highway | 8979 |
| patrol cadet candidate classifications; | 8980 |
| (32) Employees placed in the unclassified service by another | 8981 |
| section of the Revised Code. | 8982 |
| (B) The classified service shall comprise all persons in the | 8983 |
| employ of the state and the several counties, cities, city health | 8984 |
| districts, general health districts, and city school districts of | 8985 |
| the state, not specifically included in the unclassified service. | 8986 |
| Upon the creation by the board of trustees of a civil service | 8987 |
| township civil service commission, the classified service shall | 8988 |
| also comprise, except as otherwise provided in division (A)(17) or | 8989 |
| (C) of this section, all persons in the employ of a civil service | 8990 |
| township police or fire department having ten or more full-time | 8991 |
| paid employees. The classified service consists of two classes, | 8992 |
| which shall be designated as the competitive class and the | 8993 |
| unskilled labor class. | 8994 |
| (1) The competitive class shall include all positions and | 8995 |
| employments in the state and the counties, cities, city health | 8996 |
| districts, general health districts, and city school districts of | 8997 |
| the state, and, upon the creation by the board of trustees of a | 8998 |
| civil service township of a township civil service commission, all | 8999 |
| positions in a civil service township police or fire department | 9000 |
| having ten or more full-time paid employees, for which it is | 9001 |
| practicable to determine the merit and fitness of applicants by | 9002 |
| competitive examinations. Appointments shall be made to, or | 9003 |
| employment shall be given in, all positions in the competitive | 9004 |
| class that are not filled by promotion, reinstatement, transfer, | 9005 |
| or reduction, as provided in this chapter, and the rules of the | 9006 |
| director of administrative services, by appointment from those | 9007 |
| certified to the appointing officer in accordance with this | 9008 |
| chapter. | 9009 |
| (2) The unskilled labor class shall include ordinary | 9010 |
| unskilled laborers. Vacancies in the labor class for positions in | 9011 |
| service of the state shall be filled by appointment from lists of | 9012 |
| applicants registered by the director. Vacancies in the labor | 9013 |
| class for all other positions shall be filled by appointment from | 9014 |
| lists of applicants registered by a commission. The director or | 9015 |
| the commission, as applicable, by rule, shall require an applicant | 9016 |
| for registration in the labor class to furnish evidence or take | 9017 |
| tests as the director or commission considers proper with respect | 9018 |
| to age, residence, physical condition, ability to labor, honesty, | 9019 |
| sobriety, industry, capacity, and experience in the work or | 9020 |
| employment for which application is made. Laborers who fulfill the | 9021 |
| requirements shall be placed on the eligible list for the kind of | 9022 |
| labor or employment sought, and preference shall be given in | 9023 |
| employment in accordance with the rating received from that | 9024 |
| evidence or in those tests. Upon the request of an appointing | 9025 |
| officer, stating the kind of labor needed, the pay and probable | 9026 |
| length of employment, and the number to be employed, the director | 9027 |
| or commission, as applicable, shall certify from the highest on | 9028 |
| the list double the number to be employed; from this number, the | 9029 |
| appointing officer shall appoint the number actually needed for | 9030 |
| the particular work. If more than one applicant receives the same | 9031 |
| rating, priority in time of application shall determine the order | 9032 |
| in which their names shall be certified for appointment. | 9033 |
| (C) A municipal or civil service township civil service | 9034 |
| commission may place volunteer firefighters who are paid on a | 9035 |
| fee-for-service basis in either the classified or the unclassified | 9036 |
| civil service. | 9037 |
| (D) This division does not apply to persons in the | 9038 |
| unclassified service who have the right to resume positions in the | 9039 |
| classified service under sections 4121.121, 5119.071, 5120.38, | 9040 |
| 5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the Revised | 9041 |
| Code. | 9042 |
| An appointing authority whose employees are paid directly by | 9043 |
| warrant of the director of budget and management may appoint a | 9044 |
| person who holds a certified position in the classified service | 9045 |
| within the appointing authority's agency to a position in the | 9046 |
| unclassified service within that agency. A person appointed | 9047 |
| pursuant to this division to a position in the unclassified | 9048 |
| service shall retain the right to resume the position and status | 9049 |
| held by the person in the classified service immediately prior to | 9050 |
| the person's appointment to the position in the unclassified | 9051 |
| service, regardless of the number of positions the person held in | 9052 |
| the unclassified service. An employee's right to resume a position | 9053 |
| in the classified service may only be exercised when an appointing | 9054 |
| authority demotes the employee to a pay range lower than the | 9055 |
| employee's current pay range or revokes the employee's appointment | 9056 |
| to the unclassified service. An employee forfeits the right to | 9057 |
| resume a position in the classified service when the employee is | 9058 |
| removed from the position in the unclassified service due to | 9059 |
| incompetence, inefficiency, dishonesty, drunkenness, immoral | 9060 |
| conduct, insubordination, discourteous treatment of the public, | 9061 |
| neglect of duty, violation of this chapter or the rules of the | 9062 |
| director of administrative services, any other failure of good | 9063 |
| behavior, any other acts of misfeasance, malfeasance, or | 9064 |
| nonfeasance in office, or conviction of a felony. An employee also | 9065 |
| forfeits the right to resume a position in the classified service | 9066 |
| upon transfer to a different agency. | 9067 |
| Reinstatement to a position in the classified service shall | 9068 |
| be to a position substantially equal to that position in the | 9069 |
| classified service held previously, as certified by the director | 9070 |
| of administrative services. If the position the person previously | 9071 |
| held in the classified service has been placed in the unclassified | 9072 |
| service or is otherwise unavailable, the person shall be appointed | 9073 |
| to a position in the classified service within the appointing | 9074 |
| authority's agency that the director of administrative services | 9075 |
| certifies is comparable in compensation to the position the person | 9076 |
| previously held in the classified service. Service in the position | 9077 |
| in the unclassified service shall be counted as service in the | 9078 |
| position in the classified service held by the person immediately | 9079 |
| prior to the person's appointment to the position in the | 9080 |
| unclassified service. When a person is reinstated to a position in | 9081 |
| the classified service as provided in this division, the person is | 9082 |
| entitled to all rights, status, and benefits accruing to the | 9083 |
| position in the classified service during the person's time of | 9084 |
| service in the position in the unclassified service. | 9085 |
| Sec. 124.134. (A) Each full-time permanent state employee | 9086 |
| paid in accordance with section 124.152 of the Revised Code and | 9087 |
| those employees listed in divisions (B)(2) and (4) of section | 9088 |
|
124.14 of
the Revised Code | 9089 |
| 9090 | |
| 9091 | |
| 9092 | |
| 9093 | |
| 9094 | |
| 9095 | |
| 9096 | |
| 9097 | |
| 9098 | |
| 9099 | |
| 9100 | |
| 9101 | |
| 9102 | |
| 9103 | |
| 9104 | |
| 9105 | |
| 9106 | |
| 9107 | |
| 9108 | |
| 9109 | |
| 9110 | |
| 9111 | |
| 9112 | |
| 9113 | |
| 9114 | |
| 9115 | |
| 9116 | |
| 9117 | |
| to length of service and accruing at a corresponding rate per | 9118 |
| biweekly pay period, as follows: | 9119 |
| Length of Service | Accrual Rate Per Pay Period | 9120 | |
| Less than 4 years | 3.1 hours | 9121 | |
| 4 but less than 9 years | 4.6 hours | 9122 | |
| 9 but less than 14 years | 6.2 hours | 9123 | |
| 14 but less than 19 years | 6.9 hours | 9124 | |
| 19 but less than 24 years | 7.7 hours | 9125 | |
| 24 years or more | 9.2 hours | 9126 |
| Fifty-two weeks equal one year of service. | 9127 |
| The amount of an employee's service shall be determined in | 9128 |
| accordance with the standard specified in section 9.44 of the | 9129 |
| Revised Code. Credit for prior service, including an increased | 9130 |
| vacation accrual rate and longevity supplement, shall take effect | 9131 |
| during the first pay period that begins immediately following the | 9132 |
| date the director of administrative services approves granting | 9133 |
| credit for that prior service. No employee, other than an employee | 9134 |
| who submits proof of prior service within ninety days after the | 9135 |
| date of the employee's hiring, shall receive any amount of | 9136 |
| vacation leave for the period prior to the date of the director's | 9137 |
| approval of the grant of credit for prior service. | 9138 |
| Part-time permanent employees who are paid in accordance with | 9139 |
| section 124.152 of the Revised Code and full-time permanent | 9140 |
| employees subject to this section who are in active pay status for | 9141 |
| less than eighty hours in a pay period shall earn vacation leave | 9142 |
| on a prorated basis. The ratio between the hours worked and the | 9143 |
| vacation hours earned by these classes of employees shall be the | 9144 |
| same as the ratio between the hours worked and the vacation hours | 9145 |
| earned by a full-time permanent employee with the same amount of | 9146 |
| service as provided for in this section. | 9147 |
| Vacation leave is not available for use until it appears on | 9148 |
| the employee's earning statement and the compensation described in | 9149 |
| the earning statement is available to the employee. An employee | 9150 |
| may begin using accrued vacation leave upon completion of the | 9151 |
| employee's initial probation period. | 9152 |
| (B) Employees granted leave under this section shall forfeit | 9153 |
| their right to take or to be paid for any vacation leave to their | 9154 |
| credit which is in excess of the accrual for three years. Any | 9155 |
| excess leave shall be eliminated from the employees' leave | 9156 |
| balance. If an employee's vacation leave credit is at, or will | 9157 |
| reach in the immediately following pay period, the maximum of the | 9158 |
| accrual for three years and the employee has been denied the use | 9159 |
| of vacation leave during the immediately preceding twelve months, | 9160 |
| the employee, at the employee's request, shall be paid in a pay | 9161 |
| period for the vacation leave the employee was denied, up to the | 9162 |
| maximum amount the employee would be entitled to be paid for in | 9163 |
| any pay period. An employee is not entitled to receive payment for | 9164 |
| vacation leave denied in any pay period in which the employee's | 9165 |
| vacation leave credit is not at, or will not reach in the | 9166 |
| immediately following pay period, the maximum of accrual for three | 9167 |
| years. Any vacation leave for which an employee receives payment | 9168 |
| shall be deducted from the employee's vacation leave balance. | 9169 |
| Payment shall not be made for any leave accrued in the same | 9170 |
| calendar year in which the payment is made. | 9171 |
| (C) Upon separation from state service, an employee granted | 9172 |
| leave under this section is entitled to compensation at the | 9173 |
| employee's current rate of pay for all unused vacation leave | 9174 |
| accrued under this section or section 124.13 of the Revised Code | 9175 |
| to the employee's credit. In case of transfer of an employee from | 9176 |
| one state agency to another, the employee shall retain the accrued | 9177 |
| and unused vacation leave. In case of the death of an employee, | 9178 |
| the unused vacation leave shall be paid in accordance with section | 9179 |
| 2113.04 of the Revised Code, or to the employee's estate. An | 9180 |
| employee serving in a temporary work level who is eligible to | 9181 |
| receive compensation under this division shall be compensated at | 9182 |
| the base rate of pay of the employee's normal classification. | 9183 |
| Sec. 124.14. (A)(1) The director of administrative services | 9184 |
| shall establish, and may modify or rescind, by rule, a job | 9185 |
| classification plan for all positions, offices, and employments | 9186 |
| the salaries of which are paid in whole or in part by the state. | 9187 |
| The director shall group jobs within a classification so that the | 9188 |
| positions are similar enough in duties and responsibilities to be | 9189 |
| described by the same title, to have the same pay assigned with | 9190 |
| equity, and to have the same qualifications for selection applied. | 9191 |
| The director shall, by rule, assign a classification title to each | 9192 |
| classification within the classification plan. However, the | 9193 |
| director shall consider in establishing classifications, including | 9194 |
| classifications with parenthetical titles, and assigning pay | 9195 |
| ranges such factors as duties performed only on one shift, special | 9196 |
| skills in short supply in the labor market, recruitment problems, | 9197 |
| separation rates, comparative salary rates, the amount of training | 9198 |
| required, and other conditions affecting employment. The director | 9199 |
| shall describe the duties and responsibilities of the class, | 9200 |
| establish the qualifications for being employed in each position | 9201 |
| in the class, and file with the secretary of state a copy of | 9202 |
| specifications for all of the classifications. The director shall | 9203 |
| file new, additional, or revised specifications with the secretary | 9204 |
| of state before they are used. | 9205 |
| The director shall, by rule, assign each classification, | 9206 |
| either on a statewide basis or in particular counties or state | 9207 |
| institutions, to a pay range established under section 124.15 or | 9208 |
| section 124.152 of the Revised Code. The director may assign a | 9209 |
| classification to a pay range on a temporary basis for a period of | 9210 |
| six months. The director may establish, by rule adopted under | 9211 |
| Chapter 119. of the Revised Code, experimental classification | 9212 |
| plans for some or all employees paid directly by warrant of the | 9213 |
| director of budget and management. The rule shall include | 9214 |
| specifications for each classification within the plan and shall | 9215 |
| specifically address compensation ranges, and methods for | 9216 |
| advancing within the ranges, for the classifications, which may be | 9217 |
| assigned to pay ranges other than the pay ranges established under | 9218 |
| section 124.15 or 124.152 of the Revised Code. | 9219 |
| (2) The director of administrative services may reassign to a | 9220 |
| proper classification those positions that have been assigned to | 9221 |
| an improper classification. If the compensation of an employee in | 9222 |
| such a reassigned position exceeds the maximum rate of pay for the | 9223 |
| employee's new classification, the employee shall be placed in pay | 9224 |
| step X and shall not receive an increase in compensation until the | 9225 |
| maximum rate of pay for that classification exceeds the employee's | 9226 |
| compensation. | 9227 |
| (3) The director may reassign an exempt employee, as defined | 9228 |
| in section 124.152 of the Revised Code, to a bargaining unit | 9229 |
| classification if the director determines that the bargaining unit | 9230 |
| classification is the proper classification for that employee. | 9231 |
| Notwithstanding Chapter 4117. of the Revised Code or instruments | 9232 |
| and contracts negotiated under it, these placements are at the | 9233 |
| director's discretion. | 9234 |
| (4) The director shall, by rule, assign related | 9235 |
| classifications, which form a career progression, to a | 9236 |
| classification series. The director shall, by rule, assign each | 9237 |
| classification in the classification plan a five-digit number, the | 9238 |
| first four digits of which shall denote the classification series | 9239 |
| to which the classification is assigned. When a career progression | 9240 |
| encompasses more than ten classifications, the director shall, by | 9241 |
| rule, identify the additional classifications belonging to a | 9242 |
| classification series. The additional classifications shall be | 9243 |
| part of the classification series, notwithstanding the fact that | 9244 |
| the first four digits of the number assigned to the additional | 9245 |
| classifications do not correspond to the first four digits of the | 9246 |
| numbers assigned to other classifications in the classification | 9247 |
| series. | 9248 |
| (5) The director | 9249 |
| 9250 | |
| establish, modify, or rescind | 9251 |
| agencies that elect not to use the services and facilities of a | 9252 |
| county personnel department. The director shall establish any such | 9253 |
| classification plan by means of rules adopted under Chapter 119. | 9254 |
| of the Revised Code. The rules shall include a methodology for the | 9255 |
| establishment of titles unique to county agencies, the use of | 9256 |
| state classification titles and classification specifications for | 9257 |
| common positions, the criteria for a county to meet in | 9258 |
| establishing its own classification plan, and the establishment of | 9259 |
| what constitutes a classification series for county agencies. The | 9260 |
| director may assess a county agency that chooses to use the | 9261 |
| classification plan a usage fee the director determines. All usage | 9262 |
| fees the department of administrative services receives shall be | 9263 |
| paid into the state treasury to the credit of the human resources | 9264 |
| fund created in section 124.07 of the Revised Code. | 9265 |
| (B) Division (A) of this section and sections 124.15 and | 9266 |
| 124.152 of the Revised Code do not apply to the following persons, | 9267 |
| positions, offices, and employments: | 9268 |
| (1) Elected officials; | 9269 |
| (2) Legislative employees, employees of the legislative | 9270 |
| service commission, employees in the office of the governor, | 9271 |
| employees who are in the unclassified civil service and exempt | 9272 |
| from collective bargaining coverage in the office of the secretary | 9273 |
| of state, auditor of state, treasurer of state, and attorney | 9274 |
| general, and employees of the supreme court; | 9275 |
| (3) Employees of a county children services board that | 9276 |
| establishes compensation rates under section 5153.12 of the | 9277 |
| Revised Code; | 9278 |
| (4) Any position for which the authority to determine | 9279 |
| compensation is given by law to another individual or entity; | 9280 |
| (5) Employees of the bureau of workers' compensation whose | 9281 |
| compensation the administrator of workers' compensation | 9282 |
| establishes under division (B) of section 4121.121 of the Revised | 9283 |
| Code. | 9284 |
| (C) The director may employ a consulting agency to aid and | 9285 |
| assist the director in carrying out this section. | 9286 |
| (D)(1) When the director proposes to modify a classification | 9287 |
| or the assignment of classes to appropriate pay ranges, the | 9288 |
| director shall send written notice of the proposed rule to the | 9289 |
| appointing authorities of the affected employees thirty days | 9290 |
| before a hearing on the proposed rule. The appointing authorities | 9291 |
| shall notify the affected employees regarding the proposed rule. | 9292 |
| The director also shall send those appointing authorities notice | 9293 |
| of any final rule that is adopted within ten days after adoption. | 9294 |
| (2) When the director proposes to reclassify any employee so | 9295 |
| that the employee is adversely affected, the director shall give | 9296 |
| to the employee affected and to the employee's appointing | 9297 |
| authority a written notice setting forth the proposed new | 9298 |
| classification, pay range, and salary. Upon the request of any | 9299 |
| classified employee who is not serving in a probationary period, | 9300 |
| the director shall perform a job audit to review the | 9301 |
| classification of the employee's position to determine whether the | 9302 |
| position is properly classified. The director shall give to the | 9303 |
| employee affected and to the employee's appointing authority a | 9304 |
| written notice of the director's determination whether or not to | 9305 |
| reclassify the position or to reassign the employee to another | 9306 |
| classification. An employee or appointing authority desiring a | 9307 |
| hearing shall file a written request for the hearing with the | 9308 |
| state personnel board of review within thirty days after receiving | 9309 |
| the notice. The board shall set the matter for a hearing and | 9310 |
| notify the employee and appointing authority of the time and place | 9311 |
| of the hearing. The employee, the appointing authority, or any | 9312 |
| authorized representative of the employee who wishes to submit | 9313 |
| facts for the consideration of the board shall be afforded | 9314 |
| reasonable opportunity to do so. After the hearing, the board | 9315 |
| shall consider anew the reclassification and may order the | 9316 |
| reclassification of the employee and require the director to | 9317 |
| assign the employee to such appropriate classification as the | 9318 |
| facts and evidence warrant. As provided in division (A)(1) of | 9319 |
| section 124.03 of the Revised Code, the board may determine the | 9320 |
| most appropriate classification for the position of any employee | 9321 |
| coming before the board, with or without a job audit. The board | 9322 |
| shall disallow any reclassification or reassignment classification | 9323 |
| of any employee when it finds that changes have been made in the | 9324 |
| duties and responsibilities of any particular employee for | 9325 |
| political, religious, or other unjust reasons. | 9326 |
| (E)(1) Employees of each county department of job and family | 9327 |
| services shall be paid a salary or wage established by the board | 9328 |
| of county commissioners. The provisions of section 124.18 of the | 9329 |
| Revised Code concerning the standard work week apply to employees | 9330 |
| of county departments of job and family services. A board of | 9331 |
| county commissioners may do either of the following: | 9332 |
| (a) Notwithstanding any other section of the Revised Code, | 9333 |
| supplement the sick leave, vacation leave, personal leave, and | 9334 |
| other benefits of any employee of the county department of job and | 9335 |
| family services of that county, if the employee is eligible for | 9336 |
| the supplement under a written policy providing for the | 9337 |
| supplement; | 9338 |
| (b) Notwithstanding any other section of the Revised Code, | 9339 |
| establish alternative schedules of sick leave, vacation leave, | 9340 |
| personal leave, or other benefits for employees not inconsistent | 9341 |
| with the provisions of a collective bargaining agreement covering | 9342 |
| the affected employees. | 9343 |
| (2) Division (E)(1) of this section does not apply to | 9344 |
| employees for whom the state employment relations board | 9345 |
| establishes appropriate bargaining units pursuant to section | 9346 |
| 4117.06 of the Revised Code, except in either of the following | 9347 |
| situations: | 9348 |
| (a) The employees for whom the state employment relations | 9349 |
| board establishes appropriate bargaining units elect no | 9350 |
| representative in a board-conducted representation election. | 9351 |
| (b) After the state employment relations board establishes | 9352 |
| appropriate bargaining units for such employees, all employee | 9353 |
| organizations withdraw from a representation election. | 9354 |
| (F)(1) Notwithstanding any contrary provision of sections | 9355 |
| 124.01 to 124.64 of the Revised Code, the board of trustees of | 9356 |
| each state university or college, as defined in section 3345.12 of | 9357 |
| the Revised Code, shall carry out all matters of governance | 9358 |
| involving the officers and employees of the university or college, | 9359 |
| including, but not limited to, the powers, duties, and functions | 9360 |
| of the department of administrative services and the director of | 9361 |
| administrative services specified in this chapter. Officers and | 9362 |
| employees of a state university or college shall have the right of | 9363 |
| appeal to the state personnel board of review as provided in this | 9364 |
| chapter. | 9365 |
| (2) Each board of trustees shall adopt rules under section | 9366 |
| 111.15 of the Revised Code to carry out the matters of governance | 9367 |
| described in division (F)(1) of this section. Until the board of | 9368 |
| trustees adopts those rules, a state university or college shall | 9369 |
| continue to operate pursuant to the applicable rules adopted by | 9370 |
| the director of administrative services under this chapter. | 9371 |
| (G)(1) Each board of county commissioners may, by a | 9372 |
| resolution adopted by a majority of its members, establish a | 9373 |
| county personnel department to exercise the powers, duties, and | 9374 |
| functions specified in division (G) of this section. As used in | 9375 |
| division (G) of this section, "county personnel department" means | 9376 |
| a county personnel department established by a board of county | 9377 |
| commissioners under division (G)(1) of this section. | 9378 |
| (2)(a) Each board of county commissioners, by a resolution | 9379 |
| adopted by a majority of its members, may designate the county | 9380 |
| personnel department of the county to exercise the powers, duties, | 9381 |
|
and functions | 9382 |
| 9383 | |
| to 124.64 and Chapter 325. of the Revised Code with regard to | 9384 |
| employees in the service of the county, except for the powers and | 9385 |
| duties of the state personnel board of review, which powers and | 9386 |
| duties shall not be construed as having been modified or | 9387 |
| diminished in any manner by division (G)(2) of this section, with | 9388 |
| respect to the employees for whom the board of county | 9389 |
| commissioners is the appointing authority or co-appointing | 9390 |
|
authority. | 9391 |
| 9392 | |
| 9393 | |
| 9394 | |
| 9395 | |
| 9396 |
| (b) | 9397 |
| 9398 | |
| 9399 | |
| 9400 | |
| 9401 | |
| 9402 | |
| 9403 |
| | 9404 |
| construed to limit the right of any employee who possesses the | 9405 |
| right of appeal to the state personnel board of review to continue | 9406 |
| to possess that right of appeal. | 9407 |
| | 9408 |
| a county personnel department may contract with the department of | 9409 |
| administrative services, another political subdivision, or an | 9410 |
| appropriate public or private entity to provide competitive | 9411 |
| testing services or other appropriate services. | 9412 |
| (3) After the county personnel department of a county has | 9413 |
| 9414 | |
| 9415 | |
| 9416 | |
| section, any elected official, board, agency, or other appointing | 9417 |
| authority of that county, upon written notification to the | 9418 |
| 9419 | |
| services and facilities of the county personnel department. Upon | 9420 |
| 9421 | |
| receipt of the notification by the county personnel department, | 9422 |
| the county personnel department shall exercise the powers, duties, | 9423 |
|
and functions | 9424 |
| 9425 | |
| respect to the employees of that elected official, board, agency, | 9426 |
|
or other appointing authority.
| 9427 |
| 9428 | |
| 9429 | |
| 9430 | |
| 9431 | |
| 9432 | |
| 9433 |
| (4) | 9434 |
| 9435 | |
| commissioners, by a resolution adopted by a majority of its | 9436 |
|
members, may disband the county
personnel department | 9437 |
| 9438 | |
| 9439 | |
| 9440 | |
| 9441 | |
| 9442 | |
| 9443 | |
| 9444 | |
| 9445 | |
| 9446 | |
| 9447 |
| (5) | 9448 |
| 9449 | |
| Any elected official, board, agency, or appointing authority of a | 9450 |
|
county may | 9451 |
| 9452 | |
| 9453 | |
| 9454 | |
| 9455 | |
| 9456 | |
| 9457 | |
| 9458 | |
| 9459 | |
| 9460 | |
| 9461 | |
| 9462 | |
| 9463 | |
| 9464 | |
| involvement with a county personnel department upon actual receipt | 9465 |
| by the department of a certified copy of the notification that | 9466 |
| contains the decision to no longer participate. | 9467 |
| (6) The director of administrative services may, by rule | 9468 |
|
adopted in accordance with
Chapter 119. of the Revised Code, | 9469 |
|
prescribe criteria and
procedures for | 9470 |
| 9471 | |
| 9472 | |
| 9473 | |
| 9474 | |
| 9475 | |
| 9476 |
| | 9477 |
| 9478 | |
| 9479 | |
| 9480 |
| | 9481 |
| in carrying out its duties, adhere to merit system principles with | 9482 |
| regard to employees of county departments of job and family | 9483 |
| services, child support enforcement agencies, and public child | 9484 |
| welfare agencies so that there is no threatened loss of federal | 9485 |
| funding for these agencies, and a requirement that the county be | 9486 |
| financially liable to the state for any loss of federal funds due | 9487 |
| to the action or inaction of the county personnel department. The | 9488 |
| costs associated with audits conducted to monitor compliance with | 9489 |
|
division (G)(6) | 9490 |
| reimbursed to
the department of administrative services | 9491 |
| 9492 | |
| receives for these audits shall be paid into the state treasury to | 9493 |
| the credit of the human resources fund created in section 124.07 | 9494 |
| of the Revised Code. | 9495 |
| | 9496 |
| 9497 | |
| 9498 | |
| 9499 |
| | 9500 |
| services to conduct periodic audits and reviews of county | 9501 |
|
personnel departments to guarantee the uniform application of
| 9502 |
| 9503 | |
| pursuant to division (G)(2)(a) of this section. The costs of the | 9504 |
|
audits and reviews shall be | 9505 |
|
department
of administrative services | 9506 |
| director by the county for which the services are performed. All | 9507 |
| money the department receives shall be paid into the state | 9508 |
| treasury to the credit of the human resources fund created in | 9509 |
| section 124.07 of the Revised Code. | 9510 |
| | 9511 |
| 9512 | |
| 9513 | |
| 9514 | |
| 9515 | |
| 9516 | |
| 9517 |
| (H) The director of administrative services shall establish | 9518 |
| the rate and method of compensation for all employees who are paid | 9519 |
| directly by warrant of the director of budget and management and | 9520 |
| who are serving in positions that the director of administrative | 9521 |
| services has determined impracticable to include in the state job | 9522 |
| classification plan. This division does not apply to elected | 9523 |
| officials, legislative employees, employees of the legislative | 9524 |
| service commission, employees who are in the unclassified civil | 9525 |
| service and exempt from collective bargaining coverage in the | 9526 |
| office of the secretary of state, auditor of state, treasurer of | 9527 |
| state, and attorney general, employees of the courts, employees of | 9528 |
| the bureau of workers' compensation whose compensation the | 9529 |
| administrator of workers' compensation establishes under division | 9530 |
| (B) of section 4121.121 of the Revised Code, or employees of an | 9531 |
| appointing authority authorized by law to fix the compensation of | 9532 |
| those employees. | 9533 |
| (I) The director shall set the rate of compensation for all | 9534 |
| intermittent, seasonal, temporary, emergency, and casual employees | 9535 |
| in the service of the state who are not considered public | 9536 |
| employees under section 4117.01 of the Revised Code. Those | 9537 |
| employees are not entitled to receive employee benefits. This rate | 9538 |
| of compensation shall be equitable in terms of the rate of | 9539 |
| employees serving in the same or similar classifications. This | 9540 |
| division does not apply to elected officials, legislative | 9541 |
| employees, employees of the legislative service commission, | 9542 |
| employees who are in the unclassified civil service and exempt | 9543 |
| from collective bargaining coverage in the office of the secretary | 9544 |
| of state, auditor of state, treasurer of state, and attorney | 9545 |
| general, employees of the courts, employees of the bureau of | 9546 |
| workers' compensation whose compensation the administrator | 9547 |
| establishes under division (B) of section 4121.121 of the Revised | 9548 |
| Code, or employees of an appointing authority authorized by law to | 9549 |
| fix the compensation of those employees. | 9550 |
| Sec. 124.15. (A) Board and commission members appointed | 9551 |
| prior to July 1, 1991, shall be paid a salary or wage in | 9552 |
| accordance with the following schedules of rates: | 9553 |
| Schedule B | 9554 |
| 9555 | |
| Range | Step 1 | Step 2 | Step 3 | Step 4 | 9556 | ||
| 23 | Hourly | 5.72 | 5.91 | 6.10 | 6.31 | 9557 | |
| Annually | 11897.60 | 12292.80 | 12688.00 | 13124.80 | 9558 | ||
| Step 5 | Step 6 | 9559 | |||||
| Hourly | 6.52 | 6.75 | 9560 | ||||
| Annually | 13561.60 | 14040.00 | 9561 | ||||
| Step 1 | Step 2 | Step 3 | Step 4 | 9562 | |||
| 24 | Hourly | 6.00 | 6.20 | 6.41 | 6.63 | 9563 | |
| Annually | 12480.00 | 12896.00 | 13332.80 | 13790.40 | 9564 | ||
| Step 5 | Step 6 | 9565 | |||||
| Hourly | 6.87 | 7.10 | 9566 | ||||
| Annually | 14289.60 | 14768.00 | 9567 | ||||
| Step 1 | Step 2 | Step 3 | Step 4 | 9568 | |||
| 25 | Hourly | 6.31 | 6.52 | 6.75 | 6.99 | 9569 | |
| Annually | 13124.80 | 13561.60 | 14040.00 | 14539.20 | 9570 | ||
| Step 5 | Step 6 | 9571 | |||||
| Hourly | 7.23 | 7.41 | 9572 | ||||
| Annually | 15038.40 | 15412.80 | 9573 | ||||
| Step 1 | Step 2 | Step 3 | Step 4 | 9574 | |||
| 26 | Hourly | 6.63 | 6.87 | 7.10 | 7.32 | 9575 | |
| Annually | 13790.40 | 14289.60 | 14768.00 | 15225.60 | 9576 | ||
| Step 5 | Step 6 | 9577 | |||||
| Hourly | 7.53 | 7.77 | 9578 | ||||
| Annually | 15662.40 | 16161.60 | 9579 | ||||
| Step 1 | Step 2 | Step 3 | Step 4 | 9580 | |||
| 27 | Hourly | 6.99 | 7.23 | 7.41 | 7.64 | 9581 | |
| Annually | 14534.20 | 15038.40 | 15412.80 | 15891.20 | 9582 | ||
| Step 5 | Step 6 | Step 7 | 9583 | ||||
| Hourly | 7.88 | 8.15 | 8.46 | 9584 | |||
| Annually | 16390.40 | 16952.00 | 17596.80 | 9585 | |||
| Step 1 | Step 2 | Step 3 | Step 4 | 9586 | |||
| 28 | Hourly | 7.41 | 7.64 | 7.88 | 8.15 | 9587 | |
| Annually | 15412.80 | 15891.20 | 16390.40 | 16952.00 | 9588 | ||
| Step 5 | Step 6 | Step 7 | 9589 | ||||
| Hourly | 8.46 | 8.79 | 9.15 | 9590 | |||
| Annually | 17596.80 | 18283.20 | 19032.00 | 9591 | |||
| Step 1 | Step 2 | Step 3 | Step 4 | 9592 | |||
| 29 | Hourly | 7.88 | 8.15 | 8.46 | 8.79 | 9593 | |
| Annually | 16390.40 | 16952.00 | 17596.80 | 18283.20 | 9594 | ||
| Step 5 | Step 6 | Step 7 | 9595 | ||||
| Hourly | 9.15 | 9.58 | 10.01 | 9596 | |||
| Annually | 19032.00 | 19926.40 | 20820.80 | 9597 | |||
| Step 1 | Step 2 | Step 3 | Step 4 | 9598 | |||
| 30 | Hourly | 8.46 | 8.79 | 9.15 | 9.58 | 9599 | |
| Annually | 17596.80 | 18283.20 | 19032.00 | 19926.40 | 9600 | ||
| Step 5 | Step 6 | Step 7 | 9601 | ||||
| Hourly | 10.01 | 10.46 | 10.99 | 9602 | |||
| Annually | 20820.80 | 21756.80 | 22859.20 | 9603 | |||
| Step 1 | Step 2 | Step 3 | Step 4 | 9604 | |||
| 31 | Hourly | 9.15 | 9.58 | 10.01 | 10.46 | 9605 | |
| Annually | 19032.00 | 19962.40 | 20820.80 | 21756.80 | 9606 | ||
| Step 5 | Step 6 | Step 7 | 9607 | ||||
| Hourly | 10.99 | 11.52 | 12.09 | 9608 | |||
| Annually | 22859.20 | 23961.60 | 25147.20 | 9609 | |||
| Step 1 | Step 2 | Step 3 | Step 4 | 9610 | |||
| 32 | Hourly | 10.01 | 10.46 | 10.99 | 11.52 | 9611 | |
| Annually | 20820.80 | 21756.80 | 22859.20 | 23961.60 | 9612 | ||
| Step 5 | Step 6 | Step 7 | Step 8 | 9613 | |||
| Hourly | 12.09 | 12.68 | 13.29 | 13.94 | 9614 | ||
| Annually | 25147.20 | 26374.40 | 27643.20 | 28995.20 | 9615 | ||
| Step 1 | Step 2 | Step 3 | Step 4 | 9616 | |||
| 33 | Hourly | 10.99 | 11.52 | 12.09 | 12.68 | 9617 | |
| Annually | 22859.20 | 23961.60 | 25147.20 | 26374.40 | 9618 | ||
| Step 5 | Step 6 | Step 7 | Step 8 | 9619 | |||
| Hourly | 13.29 | 13.94 | 14.63 | 15.35 | 9620 | ||
| Annually | 27643.20 | 28995.20 | 30430.40 | 31928.00 | 9621 | ||
| Step 1 | Step 2 | Step 3 | Step 4 | 9622 | |||
| 34 | Hourly | 12.09 | 12.68 | 13.29 | 13.94 | 9623 | |
| Annually | 25147.20 | 26374.40 | 27643.20 | 28995.20 | 9624 | ||
| Step 5 | Step 6 | Step 7 | Step 8 | 9625 | |||
| Hourly | 14.63 | 15.35 | 16.11 | 16.91 | 9626 | ||
| Annually | 30430.40 | 31928.00 | 33508.80 | 35172.80 | 9627 | ||
| Step 1 | Step 2 | Step 3 | Step 4 | 9628 | |||
| 35 | Hourly | 13.29 | 13.94 | 14.63 | 15.35 | 9629 | |
| Annually | 27643.20 | 28995.20 | 30430.40 | 31928.00 | 9630 | ||
| Step 5 | Step 6 | Step 7 | Step 8 | 9631 | |||
| Hourly | 16.11 | 16.91 | 17.73 | 18.62 | 9632 | ||
| Annually | 33508.80 | 35172.80 | 36878.40 | 38729.60 | 9633 | ||
| Step 1 | Step 2 | Step 3 | Step 4 | 9634 | |||
| 36 | Hourly | 14.63 | 15.35 | 16.11 | 16.91 | 9635 | |
| Annually | 30430.40 | 31928.00 | 33508.80 | 35172.80 | 9636 | ||
| Step 5 | Step 6 | Step 7 | Step 8 | 9637 | |||
| Hourly | 17.73 | 18.62 | 19.54 | 20.51 | 9638 | ||
| Annually | 36878.40 | 38729.60 | 40643.20 | 42660.80 | 9639 |
| Schedule C | 9640 |
| 9641 | |
| Range | Minimum | Maximum | 9642 | ||
| 41 Hourly | 10.44 | 15.72 | 9643 | ||
| Annually | 21715.20 | 32697.60 | 9644 | ||
| 42 Hourly | 11.51 | 17.35 | 9645 | ||
| Annually | 23940.80 | 36088.00 | 9646 | ||
| 43 Hourly | 12.68 | 19.12 | 9647 | ||
| Annually | 26374.40 | 39769.60 | 9648 | ||
| 44 Hourly | 13.99 | 20.87 | 9649 | ||
| Annually | 29099.20 | 43409.60 | 9650 | ||
| 45 Hourly | 15.44 | 22.80 | 9651 | ||
| Annually | 32115.20 | 47424.00 | 9652 | ||
| 46 Hourly | 17.01 | 24.90 | 9653 | ||
| Annually | 35380.80 | 51792.00 | 9654 | ||
| 47 Hourly | 18.75 | 27.18 | 9655 | ||
| Annually | 39000.00 | 56534.40 | 9656 | ||
| 48 Hourly | 20.67 | 29.69 | 9657 | ||
| Annually | 42993.60 | 61755.20 | 9658 | ||
| 49 Hourly | 22.80 | 32.06 | 9659 | ||
| Annually | 47424.00 | 66684.80 | 9660 | ||
| (B) The pay schedule of all employees shall be on a biweekly | 9661 |
| basis, with amounts computed on an hourly basis. | 9662 |
| (C) Part-time employees shall be compensated on an hourly | 9663 |
| basis for time worked, at the rates shown in division (A) of this | 9664 |
| section or in section 124.152 of the Revised Code. | 9665 |
| (D) The salary and wage rates in division (A) of this section | 9666 |
| or in section 124.152 of the Revised Code represent base rates of | 9667 |
| compensation and may be augmented by the provisions of section | 9668 |
| 124.181 of the Revised Code. In those cases where lodging, meals, | 9669 |
| laundry, or other personal services are furnished an employee in | 9670 |
| the service of the state, the actual costs or fair market value of | 9671 |
| the personal services shall be paid by the employee in such | 9672 |
| amounts and manner as determined by the director of administrative | 9673 |
| services and approved by the director of budget and management, | 9674 |
| and those personal services shall not be considered as a part of | 9675 |
| the employee's compensation. An appointing authority that appoints | 9676 |
| employees in the service of the state, with the approval of the | 9677 |
| director of administrative services and the director of budget and | 9678 |
| management, may establish payments to employees for uniforms, | 9679 |
| tools, equipment, and other requirements of the department and | 9680 |
| payments for the maintenance of them. | 9681 |
| The director of administrative services may review collective | 9682 |
| bargaining agreements entered into under Chapter 4117. of the | 9683 |
| Revised Code that cover employees in the service of the state and | 9684 |
| determine whether certain benefits or payments provided to the | 9685 |
| employees covered by those agreements should also be provided to | 9686 |
| employees in the service of the state who are exempt from | 9687 |
| collective bargaining coverage and are paid in accordance with | 9688 |
| section 124.152 of the Revised Code or are listed in division | 9689 |
| (B)(2) or (4) of section 124.14 of the Revised Code. On completing | 9690 |
| the review, the director of administrative services, with the | 9691 |
| approval of the director of budget and management, may provide to | 9692 |
| some or all of these employees any payment or benefit, except for | 9693 |
| salary, contained in such a collective bargaining agreement even | 9694 |
| if it is similar to a payment or benefit already provided by law | 9695 |
| to some or all of these employees. Any payment or benefit so | 9696 |
| provided shall not exceed the highest level for that payment or | 9697 |
| benefit specified in such a collective bargaining agreement. The | 9698 |
| director of administrative services shall not provide, and the | 9699 |
| director of budget and management shall not approve, any payment | 9700 |
| or benefit to such an employee under this division unless the | 9701 |
| payment or benefit is provided pursuant to a collective bargaining | 9702 |
| agreement to a state employee who is in a position with similar | 9703 |
| duties as, is supervised by, or is employed by the same appointing | 9704 |
| authority as, the employee to whom the benefit or payment is to be | 9705 |
| provided. | 9706 |
| As used in this division, "payment or benefit already | 9707 |
| provided by law" includes, but is not limited to, bereavement, | 9708 |
| personal, vacation, administrative, and sick leave, disability | 9709 |
| benefits, holiday pay, and pay supplements provided under the | 9710 |
| Revised Code, but does not include wages or salary. | 9711 |
| (E) New employees paid in accordance with schedule B of | 9712 |
| division (A) of this section or schedule E-1 of section 124.152 of | 9713 |
| the Revised Code shall be employed at the minimum rate established | 9714 |
| for the range unless otherwise provided. Employees with | 9715 |
| qualifications that are beyond the minimum normally required for | 9716 |
| the position and that are determined by the director to be | 9717 |
| exceptional may be employed in, or may be transferred or promoted | 9718 |
| to, a position at an advanced step of the range. Further, in time | 9719 |
| of a serious labor market condition when it is relatively | 9720 |
| impossible to recruit employees at the minimum rate for a | 9721 |
| particular classification, the entrance rate may be set at an | 9722 |
| advanced step in the range by the director of administrative | 9723 |
| services. This rate may be limited to geographical regions of the | 9724 |
| state. Appointments made to an advanced step under the provision | 9725 |
| regarding exceptional qualifications shall not affect the step | 9726 |
| assignment of employees already serving. However, anytime the | 9727 |
| hiring rate of an entire classification is advanced to a higher | 9728 |
| step, all incumbents of that classification being paid at a step | 9729 |
| lower than that being used for hiring, shall be advanced beginning | 9730 |
| at the start of the first pay period thereafter to the new hiring | 9731 |
| rate, and any time accrued at the lower step will be used to | 9732 |
| calculate advancement to a succeeding step. If the hiring rate of | 9733 |
| a classification is increased for only a geographical region of | 9734 |
| the state, only incumbents who work in that geographical region | 9735 |
| shall be advanced to a higher step. When an employee in the | 9736 |
| unclassified service changes from one state position to another or | 9737 |
| is appointed to a position in the classified service, or if an | 9738 |
| employee in the classified service is appointed to a position in | 9739 |
| the unclassified service, the employee's salary or wage in the new | 9740 |
| position shall be determined in the same manner as if the employee | 9741 |
| were an employee in the classified service. When an employee in | 9742 |
| the unclassified service who is not eligible for step increases is | 9743 |
| appointed to a classification in the classified service under | 9744 |
| which step increases are provided, future step increases shall be | 9745 |
| based on the date on which the employee last received a pay | 9746 |
| increase. If the employee has not received an increase during the | 9747 |
| previous year, the date of the appointment to the classified | 9748 |
| service shall be used to determine the employee's annual step | 9749 |
| advancement eligibility date. In reassigning any employee to a | 9750 |
| classification resulting in a pay range increase or to a new pay | 9751 |
| range as a result of a promotion, an increase pay range | 9752 |
| adjustment, or other classification change resulting in a pay | 9753 |
| range increase, the director shall assign such employee to the | 9754 |
| step in the new pay range that will provide an increase of | 9755 |
| approximately four per cent if the new pay range can accommodate | 9756 |
| the increase. When an employee is being assigned to a | 9757 |
| classification or new pay range as the result of a class plan | 9758 |
| change, if the employee has completed a probationary period, the | 9759 |
| employee shall be placed in a step no lower than step two of the | 9760 |
| new pay range. If the employee has not completed a probationary | 9761 |
| period, the employee may be placed in step one of the new pay | 9762 |
| range. Such new salary or wage shall become effective on such date | 9763 |
| as the director determines. | 9764 |
| (F) If employment conditions and the urgency of the work | 9765 |
| require such action, the director of administrative services may, | 9766 |
| upon the application of a department head, authorize payment at | 9767 |
| any rate established within the range for the class of work, for | 9768 |
| work of a casual or intermittent nature or on a project basis. | 9769 |
| Payment at such rates shall not be made to the same individual for | 9770 |
| more than three calendar months in any one calendar year. Any such | 9771 |
| action shall be subject to the approval of the director of budget | 9772 |
| and management as to the availability of funds. This section and | 9773 |
| sections 124.14 and 124.152 of the Revised Code do not repeal any | 9774 |
| authority of any department or public official to contract with or | 9775 |
| fix the compensation of professional persons who may be employed | 9776 |
| temporarily for work of a casual nature or for work on a project | 9777 |
| basis. | 9778 |
| (G)(1) Except as provided in | 9779 |
| (3) of this section, each state employee paid in accordance with | 9780 |
| schedule B of this section or schedule E-1 of section 124.152 of | 9781 |
| the Revised Code shall be eligible for advancement to succeeding | 9782 |
| steps in the range for the employee's class or grade according to | 9783 |
| the schedule established in this division. Beginning on the first | 9784 |
| day of the pay period within which the employee completes the | 9785 |
| prescribed probationary period in the employee's classification | 9786 |
| with the state, each employee shall receive an automatic salary | 9787 |
| adjustment equivalent to the next higher step within the pay | 9788 |
| range for the employee's class or grade. | 9789 |
| | 9790 |
| section, each employee paid in accordance with schedule E-1 of | 9791 |
| section 124.152 of the Revised Code shall be eligible to advance | 9792 |
| to the next higher step until the employee reaches the top step | 9793 |
| in the range for the employee's class or grade, if the employee | 9794 |
| has maintained satisfactory performance in accordance with | 9795 |
| criteria established by the employee's appointing authority. Those | 9796 |
| step advancements shall not occur more frequently than once in | 9797 |
| any twelve-month period. | 9798 |
| | 9799 |
| 9800 | |
| 9801 | |
| When an employee is promoted, the step entry date shall be set to | 9802 |
| account for a probationary period. When an employee is reassigned | 9803 |
| to a higher pay range, the step entry date shall be set to allow | 9804 |
| an employee who is not at the highest step of the range to receive | 9805 |
| a step advancement one year from the reassignment date. Step | 9806 |
| advancement shall not be affected by demotion. A promoted | 9807 |
| employee shall advance to the next higher step of the pay range on | 9808 |
| the first day of the pay period in which the required probationary | 9809 |
| period is completed. Step advancement shall become effective at | 9810 |
| the beginning of the pay period within which the employee attains | 9811 |
| the necessary length of service. Time spent on authorized leave of | 9812 |
| absence shall be counted for this purpose. | 9813 |
| If determined to be in the best interest of the state | 9814 |
| service, the director of administrative services may, either | 9815 |
| statewide or in selected agencies, adjust the dates on which | 9816 |
| annual step advancements are received by employees paid in | 9817 |
| accordance with schedule E-1 of section 124.152 of the Revised | 9818 |
| Code. | 9819 |
| (2)(a) | 9820 |
| 9821 | |
|
advancements
under division (G)(1) of this section | 9822 |
| 9823 | |
| 9824 | |
|
shall resume with the pay period beginning
| 9825 |
| 2011. Upon the resumption of step advancements, there shall be no | 9826 |
| retroactive step advancements for the period the moratorium was | 9827 |
| in effect. The moratorium shall not affect an employee's | 9828 |
| performance evaluation schedule. | 9829 |
| | 9830 |
| 9831 | |
| 9832 | |
| 9833 | |
| 9834 | |
| 9835 | |
| probationary period before June 21, 2009, shall advance to the | 9836 |
| next step in the employee's pay range at the end of probation, and | 9837 |
| then become subject to the moratorium. An employee who is hired, | 9838 |
| promoted, or reassigned to a higher pay range between June 21, | 9839 |
| 2009, through June 20, 2011, shall not advance to the next step in | 9840 |
| the employee's pay range until the next anniversary of the | 9841 |
| employee's date of hire, promotion, or reassignment that occurs on | 9842 |
| or after June 21, 2011. | 9843 |
| (b) The moratorium under division (G)(2)(a) | 9844 |
| section shall apply to the employees of the secretary of state, | 9845 |
| the auditor of state, the treasurer of state, and the attorney | 9846 |
| general, who are subject to this section unless the secretary of | 9847 |
| state, the auditor of state, the treasurer of state, or the | 9848 |
| attorney general decides to exempt the office's employees from the | 9849 |
| moratorium and so notifies the director of administrative services | 9850 |
|
in writing on or before | 9851 |
| (3) Employees in intermittent positions shall be employed at | 9852 |
| the minimum rate established for the pay range for their | 9853 |
| classification and are not eligible for step advancements. | 9854 |
| (H) Employees in appointive managerial or professional | 9855 |
| positions paid in accordance with schedule C of this section or | 9856 |
| schedule E-2 of section 124.152 of the Revised Code may be | 9857 |
| appointed at any rate within the appropriate pay range. This rate | 9858 |
| of pay may be adjusted higher or lower within the respective pay | 9859 |
| range at any time the appointing authority so desires as long as | 9860 |
| the adjustment is based on the employee's ability to successfully | 9861 |
| administer those duties assigned to the employee. Salary | 9862 |
| adjustments shall not be made more frequently than once in any | 9863 |
| six-month period under this provision to incumbents holding the | 9864 |
| same position and classification. | 9865 |
| (I) When an employee is assigned to duty outside this state, | 9866 |
| the employee may be compensated, upon request of the department | 9867 |
| head and with the approval of the director of administrative | 9868 |
| services, at a rate not to exceed fifty per cent in excess of the | 9869 |
| employee's current base rate for the period of time spent on that | 9870 |
| duty. | 9871 |
| (J) Unless compensation for members of a board or commission | 9872 |
| is otherwise specifically provided by law, the director of | 9873 |
| administrative services shall establish the rate and method of | 9874 |
| payment for members of boards and commissions pursuant to the pay | 9875 |
| schedules listed in section 124.152 of the Revised Code. | 9876 |
| (K) Regular full-time employees in positions assigned to | 9877 |
| classes within the instruction and education administration series | 9878 |
| under the rules of the director of administrative services, except | 9879 |
| certificated employees on the instructional staff of the state | 9880 |
| school for the blind or the state school for the deaf, whose | 9881 |
| positions are scheduled to work on the basis of an academic year | 9882 |
| rather than a full calendar year, shall be paid according to the | 9883 |
| pay range assigned by such rules but only during those pay periods | 9884 |
| included in the academic year of the school where the employee is | 9885 |
| located. | 9886 |
| (1) Part-time or substitute teachers or those whose period of | 9887 |
| employment is other than the full academic year shall be | 9888 |
| compensated for the actual time worked at the rate established by | 9889 |
| this section. | 9890 |
| (2) Employees governed by this division are exempt from | 9891 |
| sections 124.13 and 124.19 of the Revised Code. | 9892 |
| (3) Length of service for the purpose of determining | 9893 |
| eligibility for step advancements as provided by division (G) of | 9894 |
| this section and for the purpose of determining eligibility for | 9895 |
| longevity pay supplements as provided by division (E) of section | 9896 |
| 124.181 of the Revised Code shall be computed on the basis of one | 9897 |
| full year of service for the completion of each academic year. | 9898 |
| (L) The superintendent of the state school for the deaf and | 9899 |
| the superintendent of the state school for the blind shall, | 9900 |
| subject to the approval of the superintendent of public | 9901 |
| instruction, carry out both of the following: | 9902 |
| (1) Annually, between the first day of April and the last day | 9903 |
| of June, establish for the ensuing fiscal year a schedule of | 9904 |
| hourly rates for the compensation of each certificated employee on | 9905 |
| the instructional staff of that superintendent's respective school | 9906 |
| constructed as follows: | 9907 |
| (a) Determine for each level of training, experience, and | 9908 |
| other professional qualification for which an hourly rate is set | 9909 |
| forth in the current schedule, the per cent that rate is of the | 9910 |
| rate set forth in such schedule for a teacher with a bachelor's | 9911 |
| degree and no experience. If there is more than one such rate for | 9912 |
| such a teacher, the lowest rate shall be used to make the | 9913 |
| computation. | 9914 |
| (b) Determine which six city, local, and exempted village | 9915 |
| school districts with territory in Franklin county have in effect | 9916 |
| on, or have adopted by, the first day of April for the school year | 9917 |
| that begins on the ensuing first day of July, teacher salary | 9918 |
| schedules with the highest minimum salaries for a teacher with a | 9919 |
| bachelor's degree and no experience; | 9920 |
| (c) Divide the sum of such six highest minimum salaries by | 9921 |
| ten thousand five hundred sixty; | 9922 |
| (d) Multiply each per cent determined in division (L)(1)(a) | 9923 |
| of this section by the quotient obtained in division (L)(1)(c) of | 9924 |
| this section; | 9925 |
| (e) One hundred five per cent of each product thus obtained | 9926 |
| shall be the hourly rate for the corresponding level of training, | 9927 |
| experience, or other professional qualification in the schedule | 9928 |
| for the ensuing fiscal year. | 9929 |
| (2) Annually, assign each certificated employee on the | 9930 |
| instructional staff of the superintendent's respective school to | 9931 |
| an hourly rate on the schedule that is commensurate with the | 9932 |
| employee's training, experience, and other professional | 9933 |
| qualifications. | 9934 |
| If an employee is employed on the basis of an academic year, | 9935 |
| the employee's annual salary shall be calculated by multiplying | 9936 |
| the employee's assigned hourly rate times one thousand seven | 9937 |
| hundred sixty. If an employee is not employed on the basis of an | 9938 |
| academic year, the employee's annual salary shall be calculated in | 9939 |
| accordance with the following formula: | 9940 |
| (a) Multiply the number of days the employee is required to | 9941 |
| work pursuant to the employee's contract by eight; | 9942 |
| (b) Multiply the product of division (L)(2)(a) of this | 9943 |
| section by the employee's assigned hourly rate. | 9944 |
| Each employee shall be paid an annual salary in biweekly | 9945 |
| installments. The amount of each installment shall be calculated | 9946 |
| by dividing the employee's annual salary by the number of biweekly | 9947 |
| installments to be paid during the year. | 9948 |
| Sections 124.13 and 124.19 of the Revised Code do not apply | 9949 |
| to an employee who is paid under this division. | 9950 |
| As used in this division, "academic year" means the number of | 9951 |
| days in each school year that the schools are required to be open | 9952 |
| for instruction with pupils in attendance. Upon completing an | 9953 |
| academic year, an employee paid under this division shall be | 9954 |
| deemed to have completed one year of service. An employee paid | 9955 |
| under this division is eligible to receive a pay supplement under | 9956 |
| division (L)(1), (2), or (3) of section 124.181 of the Revised | 9957 |
| Code for which the employee qualifies, but is not eligible to | 9958 |
| receive a pay supplement under division (L)(4) or (5) of that | 9959 |
| section. An employee paid under this division is eligible to | 9960 |
| receive a pay supplement under division (L)(6) of section 124.181 | 9961 |
| of the Revised Code for which the employee qualifies, except that | 9962 |
| the supplement is not limited to a maximum of five per cent of the | 9963 |
| employee's regular base salary in a calendar year. | 9964 |
| (M) Division (A) of this section does not apply to "exempt | 9965 |
| employees," as defined in section 124.152 of the Revised Code, who | 9966 |
| are paid under that section. | 9967 |
| Notwithstanding any other provisions of this chapter, when an | 9968 |
| employee transfers between bargaining units or transfers out of or | 9969 |
| into a bargaining unit, the director of administrative services | 9970 |
| shall establish the employee's compensation and adjust the maximum | 9971 |
| leave accrual schedule as the director deems equitable. | 9972 |
| Sec. 124.152. (A)(1) Except as provided in divisions (A)(2) | 9973 |
| and (3) of this section, each exempt employee shall be paid a | 9974 |
| salary or wage in accordance with schedule E-1 or schedule E-2 of | 9975 |
|
division (B) | 9976 |
| (2) Each exempt employee who holds a position in the | 9977 |
| unclassified civil service pursuant to division (A)(26) or (30) of | 9978 |
| section 124.11 of the Revised Code may be paid a salary or wage in | 9979 |
| accordance with schedule E-1, schedule E-1 for step seven only, or | 9980 |
|
schedule E-2 of division (B) | 9981 |
| this section, as applicable. | 9982 |
| (3)(a) Except as provided in division (A)(3)(b) of this | 9983 |
| section, each exempt employee who was paid a salary or wage at | 9984 |
| step 7 in the employee's pay range on June 28, 2003, in accordance | 9985 |
| with the applicable schedule E-1 of former section 124.152 of the | 9986 |
| Revised Code and who continued to be so paid on June 29, 2003, | 9987 |
| shall be paid a salary or wage in the corresponding pay range in | 9988 |
|
schedule E-1 for step seven only of division | 9989 |
|
of
this section | 9990 |
| remains in the position the employee held as of July 1, 2003. | 9991 |
| (b) Except as provided in division (A)(3)(c) of this section, | 9992 |
| if an exempt employee who is being paid a salary or wage in | 9993 |
|
accordance with schedule E-1 for step seven only of division
| 9994 |
| 9995 | |
| position, the employee shall not receive a salary or wage for | 9996 |
| that position or any other position in the future in accordance | 9997 |
| with that schedule. | 9998 |
| (c) If an exempt employee who is being paid a salary or wage | 9999 |
| in accordance with schedule E-1 for step seven only of division | 10000 |
| 10001 | |
| another position assigned to pay range 12 or above, the | 10002 |
| appointing authority may assign the employee to be paid a salary | 10003 |
| or wage in the appropriate pay range for that position in | 10004 |
|
accordance with
the | 10005 |
| of division (C) of this section, provided that the appointing | 10006 |
| authority so notifies the director of administrative services in | 10007 |
| writing at the time the employee is appointed to that position. | 10008 |
| (B) | 10009 |
| 10010 | |
| 10011 | |
| 10012 | |
| 10013 |
| 10014 | |
| 10015 | |
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| 10017 | |||||||||||
| 10018 | |||||||||||
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| 10022 | |||||||||||
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| 10049 | |||||||||||
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| 10052 | |||||||||||
| 10053 |
| 10054 | |
| 10055 | ||||||||
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| 10064 | ||||||||
| 10065 | ||||||||
| 10066 | ||||||||
| 10067 | ||||||||
| 10068 | ||||||||
| 10069 | ||||||||
| 10070 | ||||||||
| 10071 | ||||||||
| 10072 | ||||||||
| 10073 |
| | 10074 |
| 10075 | |
| 10076 | |
| 10077 | |
| 10078 |
| 10079 | |
| 10080 | |
| 10081 | |||||||||||
| 10082 | |||||||||||
| 10083 | |||||||||||
| 10084 | |||||||||||
| 10085 | |||||||||||
| 10086 | |||||||||||
| 10087 | |||||||||||
| 10088 | |||||||||||
| 10089 | |||||||||||
| 10090 | |||||||||||
| 10091 | |||||||||||
| 10092 | |||||||||||
| 10093 | |||||||||||
| 10094 | |||||||||||
| 10095 | |||||||||||
| 10096 | |||||||||||
| 10097 | |||||||||||
| 10098 | |||||||||||
| 10099 | |||||||||||
| 10100 | |||||||||||
| 10101 | |||||||||||
| 10102 | |||||||||||
| 10103 | |||||||||||
| 10104 | |||||||||||
| 10105 | |||||||||||
| 10106 | |||||||||||
| 10107 | |||||||||||
| 10108 | |||||||||||
| 10109 | |||||||||||
| 10110 | |||||||||||
| 10111 | |||||||||||
| 10112 | |||||||||||
| 10113 | |||||||||||
| 10114 | |||||||||||
| 10115 | |||||||||||
| 10116 | |||||||||||
| 10117 | |||||||||||
| 10118 |
| 10119 | |
| 10120 | ||||||||
| 10121 | ||||||||
| 10122 | ||||||||
| 10123 | ||||||||
| 10124 | ||||||||
| 10125 | ||||||||
| 10126 | ||||||||
| 10127 | ||||||||
| 10128 | ||||||||
| 10129 | ||||||||
| 10130 | ||||||||
| 10131 | ||||||||
| 10132 | ||||||||
| 10133 | ||||||||
| 10134 | ||||||||
| 10135 | ||||||||
| 10136 | ||||||||
| 10137 | ||||||||
| 10138 |
| | 10139 |
| includes July 1, 2008, each exempt employee who must be paid in | 10140 |
| accordance with schedule E-1 or schedule E-2 of this section shall | 10141 |
| be paid a salary or wage in accordance with the following schedule | 10142 |
| of rates: | 10143 |
| Schedule E-1 | 10144 |
| 10145 | |
| Step | Step | Step | Step | Step | Step | 10146 | |||||
| Range | 1 | 2 | 3 | 4 | 5 | 6 | 10147 | ||||
| 1 | Hourly | 10.07 | 10.52 | 10.97 | 11.44 | 10148 | |||||
| Annually | 20946 | 21882 | 22818 | 23795 | 10149 | ||||||
| 2 | Hourly | 12.21 | 12.73 | 13.28 | 13.86 | 10150 | |||||
| Annually | 25397 | 26478 | 27622 | 28829 | 10151 | ||||||
| 3 | Hourly | 12.79 | 13.37 | 13.96 | 14.57 | 10152 | |||||
| Annually | 26603 | 27810 | 29037 | 30306 | 10153 | ||||||
| 4 | Hourly | 13.43 | 14.03 | 14.70 | 15.36 | 10154 | |||||
| Annually | 27934 | 29182 | 30576 | 31949 | 10155 | ||||||
| 5 | Hourly | 14.09 | 14.73 | 15.36 | 16.03 | 10156 | |||||
| Annually | 29307 | 30638 | 31949 | 33342 | 10157 | ||||||
| 6 | Hourly | 14.85 | 15.46 | 16.15 | 16.81 | 10158 | |||||
| Annually | 30888 | 32157 | 33592 | 34965 | 10159 | ||||||
| 7 | Hourly | 15.77 | 16.35 | 17.02 | 17.62 | 18.30 | 10160 | ||||
| Annually | 32802 | 34008 | 35402 | 36650 | 38064 | 10161 | |||||
| 8 | Hourly | 16.66 | 17.40 | 18.15 | 18.97 | 19.78 | 10162 | ||||
| Annually | 34653 | 36192 | 37752 | 39458 | 41142 | 10163 | |||||
| 9 | Hourly | 17.78 | 18.70 | 19.62 | 20.60 | 21.65 | 10164 | ||||
| Annually | 36982 | 38896 | 40810 | 42848 | 45032 | 10165 | |||||
| 10 | Hourly | 19.19 | 20.23 | 21.32 | 22.55 | 23.76 | 10166 | ||||
| Annually | 39915 | 42078 | 44346 | 46904 | 49421 | 10167 | |||||
| 11 | Hourly | 20.89 | 22.11 | 23.39 | 24.71 | 26.11 | 10168 | ||||
| Annually | 43451 | 45989 | 48651 | 51397 | 54309 | 10169 | |||||
| 12 | Hourly | 23.04 | 24.34 | 25.65 | 27.07 | 28.58 | 30.13 | 10170 | |||
| Annually | 47923 | 50627 | 53352 | 56306 | 59446 | 62670 | 10171 | ||||
| 13 | Hourly | 25.40 | 26.80 | 28.27 | 29.78 | 31.45 | 33.16 | 10172 | |||
| Annually | 52832 | 55744 | 58802 | 61942 | 65416 | 68973 | 10173 | ||||
| 14 | Hourly | 27.93 | 29.51 | 31.10 | 32.80 | 34.65 | 36.59 | 10174 | |||
| Annually | 58094 | 61381 | 64688 | 68224 | 72072 | 76107 | 10175 | ||||
| 15 | Hourly | 30.68 | 32.41 | 34.24 | 36.12 | 38.13 | 40.22 | 10176 | |||
| Annually | 63814 | 67413 | 71219 | 75130 | 79310 | 83658 | 10177 | ||||
| 16 | Hourly | 33.83 | 35.71 | 37.67 | 39.79 | 41.98 | 44.38 | 10178 | |||
| Annually | 70366 | 74277 | 78354 | 82763 | 87318 | 92310 | 10179 | ||||
| 17 | Hourly | 37.28 | 39.34 | 41.54 | 43.83 | 46.27 | 48.86 | 10180 | |||
| Annually | 77542 | 81827 | 86403 | 91166 | 96242 | 101629 | 10181 | ||||
| 18 | Hourly | 41.08 | 43.36 | 45.80 | 48.31 | 50.99 | 53.84 | 10182 | |||
| Annually | 85446 | 90189 | 95264 | 100485 | 106059 | 111987 | 10183 |
| Schedule E-2 | 10184 |
| Range | Minimum | Maximum | 10185 | |||||
| 41 | Hourly | 16.23 | 37.25 | 10186 | ||||
| Annually | 33758 | 77480 | 10187 | |||||
| 42 | Hourly | 17.89 | 41.14 | 10188 | ||||
| Annually | 37211 | 85571 | 10189 | |||||
| 43 | Hourly | 19.70 | 45.31 | 10190 | ||||
| Annually | 40976 | 94245 | 10191 | |||||
| 44 | Hourly | 21.73 | 49.50 | 10192 | ||||
| Annually | 45198 | 102960 | 10193 | |||||
| 45 | Hourly | 24.01 | 54.04 | 10194 | ||||
| Annually | 49941 | 112403 | 10195 | |||||
| 46 | Hourly | 26.43 | 59.06 | 10196 | ||||
| Annually | 54974 | 122845 | 10197 | |||||
| 47 | Hourly | 29.14 | 64.45 | 10198 | ||||
| Annually | 60611 | 134056 | 10199 | |||||
| 48 | Hourly | 32.14 | 70.33 | 10200 | ||||
| Annually | 66851 | 146286 | 10201 | |||||
| 49 | Hourly | 35.44 | 75.94 | 10202 | ||||
| Annually | 73715 | 157955 | 10203 |
| | 10204 |
| 10205 | |
| 10206 | |
| 10207 |
| 10208 | |
| 10209 | |
| 10210 | ||||||||
| 10211 | ||||||||
| 10212 | ||||||||
| 10213 | ||||||||
| 10214 | ||||||||
| 10215 | ||||||||
| 10216 | ||||||||
| 10217 | ||||||||
| 10218 | ||||||||
| 10219 | ||||||||
| 10220 | ||||||||
| 10221 | ||||||||
| 10222 | ||||||||
| 10223 | ||||||||
| 10224 |
| | 10225 |
| 10226 | |
| 10227 | |
| 10228 |
| 10229 | |
| 10230 | |
| 10231 | ||||||||
| 10232 | ||||||||
| 10233 | ||||||||
| 10234 | ||||||||
| 10235 | ||||||||
| 10236 | ||||||||
| 10237 | ||||||||
| 10238 | ||||||||
| 10239 | ||||||||
| 10240 | ||||||||
| 10241 | ||||||||
| 10242 | ||||||||
| 10243 | ||||||||
| 10244 | ||||||||
| 10245 |
| | 10246 |
| includes July 1, 2008, each exempt employee who must be paid in | 10247 |
| accordance with salary schedule E-1 for step seven only shall be | 10248 |
| paid a salary or wage in accordance with the following schedule of | 10249 |
| rates: | 10250 |
| Schedule E-1 for Step Seven Only | 10251 |
| 10252 | |
| Range | 10253 | |||||||
| 12 | Hourly | 31.80 | 10254 | |||||
| Annually | 66144 | 10255 | ||||||
| 13 | Hourly | 34.98 | 10256 | |||||
| Annually | 72758 | 10257 | ||||||
| 14 | Hourly | 38.57 | 10258 | |||||
| Annually | 80226 | 10259 | ||||||
| 15 | Hourly | 42.44 | 10260 | |||||
| Annually | 88275 | 10261 | ||||||
| 16 | Hourly | 46.81 | 10262 | |||||
| Annually | 97365 | 10263 | ||||||
| 17 | Hourly | 51.55 | 10264 | |||||
| Annually | 107224 | 10265 | ||||||
| 18 | Hourly | 56.80 | 10266 | |||||
| Annually | 118144 | 10267 |
| | 10268 |
| permanent full-time or permanent part-time employee paid directly | 10269 |
| by warrant of the director of budget and management whose position | 10270 |
| is included in the job classification plan established under | 10271 |
| division (A) of section 124.14 of the Revised Code but who is not | 10272 |
| considered a public employee for the purposes of Chapter 4117. of | 10273 |
| the Revised Code. As used in this section, "exempt employee" also | 10274 |
| includes a permanent full-time or permanent part-time employee of | 10275 |
| the secretary of state, auditor of state, treasurer of state, or | 10276 |
| attorney general who has not been placed in an appropriate | 10277 |
| bargaining unit by the state employment relations board. | 10278 |
| Sec. 124.18. (A) Forty hours shall be the standard work | 10279 |
| week for all employees whose salary or wage is paid in whole or in | 10280 |
| part by the state or by any state-supported college or university. | 10281 |
| When any employee whose salary or wage is paid in whole or in part | 10282 |
| by the state or by any state-supported college or university is | 10283 |
| required by an authorized administrative authority to be in an | 10284 |
| active pay status more than forty hours in any calendar week, the | 10285 |
| employee shall be compensated for such time over forty hours, | 10286 |
| except as otherwise provided in this section, at one and one-half | 10287 |
| times the employee's regular rate of pay. The use of sick leave or | 10288 |
| any leave used in lieu of sick leave shall not be considered to be | 10289 |
| active pay status for the purposes of earning overtime or | 10290 |
| compensatory time by employees whose wages are paid directly by | 10291 |
| warrant of the director of budget and management. A flexible-hours | 10292 |
| employee is not entitled to compensation for overtime work unless | 10293 |
| the employee's authorized administrative authority required the | 10294 |
| employee to be in active pay status for more than forty hours in a | 10295 |
| calendar week, regardless of the number of hours the employee | 10296 |
| works on any day in the same calendar week. | 10297 |
| Such compensation for overtime work shall be paid no later | 10298 |
| than at the conclusion of the next succeeding pay period. | 10299 |
| If the employee elects to take compensatory time off in lieu | 10300 |
| of overtime pay for any overtime worked, such compensatory time | 10301 |
| shall be granted by the employee's administrative superior, on a | 10302 |
| time and one-half basis, at a time mutually convenient to the | 10303 |
| employee and the administrative superior. Compensatory time is not | 10304 |
| available for use until it appears on the employee's earning | 10305 |
| statement and the compensation described in the earning statement | 10306 |
| is available to the employee. | 10307 |
| An employee may accrue compensatory time to a maximum of two | 10308 |
| hundred forty hours, except that public safety employees and other | 10309 |
| employees who meet the criteria established in the "Federal Fair | 10310 |
| Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, | 10311 |
| as amended, may accrue a maximum of four hundred eighty hours of | 10312 |
| compensatory time. An employee shall be paid at the employee's | 10313 |
| regular rate of pay for any hours of compensatory time accrued in | 10314 |
| excess of these maximum amounts if the employee has not used the | 10315 |
|
compensatory time within
| 10316 |
| after it is granted, if the employee transfers to another agency | 10317 |
| of the state, or if a change in the employee's status exempts the | 10318 |
| employee from the payment of overtime compensation. Upon the | 10319 |
| termination of employment, any employee with accrued but unused | 10320 |
| compensatory time shall be paid for that time at a rate that is | 10321 |
| the greater of the employee's final regular rate of pay or the | 10322 |
| employee's average regular rate of pay during the employee's last | 10323 |
| three years of employment with the state. | 10324 |
| No overtime, as described in this section, can be paid unless | 10325 |
| it has been authorized by the authorized administrative authority. | 10326 |
| Employees may be exempted from the payment of compensation as | 10327 |
| required by this section only under the criteria for exemption | 10328 |
| from the payment of overtime compensation established in the | 10329 |
| "Federal Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 | 10330 |
| U.S.C.A. 207, 213, as amended. With the approval of the director | 10331 |
| of administrative services, the appointing authority may establish | 10332 |
| a policy to grant compensatory time or to pay compensation to | 10333 |
| state employees who are exempt from overtime compensation. With | 10334 |
| the approval of the board of county commissioners, a county human | 10335 |
| services department may establish a policy to grant compensatory | 10336 |
| time or to pay compensation to employees of the department who are | 10337 |
| exempt from overtime compensation. | 10338 |
| (B)(1) An employee, whose salary or wage is paid in whole or | 10339 |
| in part by the state, shall be paid for the holidays declared in | 10340 |
| section 124.19 of the Revised Code and shall not be required to | 10341 |
| work on those holidays, unless, in the opinion of the employee's | 10342 |
| responsible administrative authority, failure to work on those | 10343 |
|
holidays would impair the public service. | 10344 |
| (2) An employee paid directly by warrant of the director of | 10345 |
|
budget and management who is scheduled to work on | 10346 |
| first day of January, the commemoration of memorial day, the | 10347 |
| fourth day of July, the fourth Thursday in November, or the | 10348 |
| twenty-fifth day of December and who does not report to work the | 10349 |
| day before, the day of, or the day after the holiday due to an | 10350 |
| illness of the employee or of a member of the employee's immediate | 10351 |
| family shall not receive holiday pay as provided by this division, | 10352 |
| unless the employee can provide documentation of extenuating | 10353 |
| circumstances that prohibited the employee from so reporting to | 10354 |
|
work. | 10355 |
| scheduled shift and the holiday, the employee shall be paid for | 10356 |
| the holiday. | 10357 |
| (3) An employee also shall not be paid for a holiday unless | 10358 |
| the employee was in active pay status on the scheduled work day | 10359 |
| immediately preceding the holiday, except that an employee need | 10360 |
| not be in active pay status on that work day in order to be paid | 10361 |
| for the holiday if the employee is participating in a mandatory or | 10362 |
| voluntary cost savings day under section 124.392 of the Revised | 10363 |
| Code. | 10364 |
| | 10365 |
| the Revised Code falls on Saturday, the Friday immediately | 10366 |
| preceding shall be observed as the holiday. If any of the holidays | 10367 |
| declared in section 124.19 of the Revised Code falls on Sunday, | 10368 |
| the Monday immediately succeeding shall be observed as the | 10369 |
| holiday. Employees whose work schedules are based on the | 10370 |
| requirements of a seven-days-a-week work operation shall observe | 10371 |
| holidays on the actual days specified in section 124.19 of the | 10372 |
| Revised Code. | 10373 |
| | 10374 |
| through Friday, the employee shall be entitled to eight hours of | 10375 |
| holiday pay for holidays observed on the employee's day off | 10376 |
| regardless of the day of the week on which they are observed. | 10377 |
| | 10378 |
| minimum of eight hours of pay for each holiday regardless of the | 10379 |
| employee's work shift and work schedule. A flexible-hours | 10380 |
| employee, who is normally scheduled to work in excess of eight | 10381 |
| hours on a day on which a holiday falls, either shall be required | 10382 |
| to work an alternate schedule for that week or shall receive | 10383 |
| additional holiday pay for the hours the employee is normally | 10384 |
| scheduled to work. Such an alternate schedule may require a | 10385 |
| flexible-hours employee to work five shifts consisting of eight | 10386 |
| hours each during the week including the holiday, and, in that | 10387 |
| case, the employee shall receive eight hours of holiday pay for | 10388 |
| the day the holiday is observed. | 10389 |
| | 10390 |
| the Revised Code, part-time permanent employees shall receive four | 10391 |
|
hours of holiday pay | 10392 |
| 10393 | |
| 10394 | |
| 10395 | |
| 10396 | |
| work shift and work schedule. | 10397 |
| | 10398 |
| under this section is required by the employee's responsible | 10399 |
| administrative authority to work on the day observed as a holiday, | 10400 |
| the employee shall be entitled to pay for such time worked at one | 10401 |
| and one-half times the employee's regular rate of pay in addition | 10402 |
| to the employee's regular pay, or to be granted compensatory time | 10403 |
| off at time and one-half thereafter, at the employee's option. | 10404 |
| Payment at such rate shall be excluded in the calculation of hours | 10405 |
| in active pay status. | 10406 |
| (C) Each appointing authority may designate the number of | 10407 |
| employees in an agency who are flexible-hours employees. The | 10408 |
| appointing authority may establish for each flexible-hours | 10409 |
| employee a specified minimum number of hours to be worked each day | 10410 |
| that is consistent with the "Federal Fair Labor Standards Act of | 10411 |
| 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended. | 10412 |
| (D) This section shall be uniformly administered for | 10413 |
| employees as defined in section 124.01 of the Revised Code and by | 10414 |
| the personnel departments of state-supported colleges and | 10415 |
| universities for employees of state-supported colleges and | 10416 |
| universities. If employees are not paid directly by warrant of the | 10417 |
| director of budget and management, the political subdivision shall | 10418 |
| determine whether the use of sick leave shall be considered to be | 10419 |
| active pay status for purposes of those employees earning overtime | 10420 |
| or compensatory time. | 10421 |
| (E) Policies relating to the payment of overtime pay or the | 10422 |
| granting of compensatory time off shall be adopted by the chief | 10423 |
| administrative officer of the house of representatives for | 10424 |
| employees of the house of representatives, by the clerk of the | 10425 |
| senate for employees of the senate, and by the director of the | 10426 |
| legislative service commission for all other legislative | 10427 |
| employees. | 10428 |
| (F) As used in this section, "regular rate of pay" means the | 10429 |
| base rate of pay an employee receives plus any pay supplements | 10430 |
| received pursuant to section 124.181 of the Revised Code. | 10431 |
| Sec. 124.181. (A) Except as provided in | 10432 |
| (M) and (P) of this section, any employee paid in accordance with | 10433 |
| schedule B of section 124.15 or schedule E-1 or schedule E-1 for | 10434 |
| step seven only of section 124.152 of the Revised Code is | 10435 |
| eligible for the pay supplements provided in this section upon | 10436 |
| application by the appointing authority substantiating the | 10437 |
| employee's qualifications for the supplement and with the | 10438 |
| approval of the director of administrative services except as | 10439 |
| provided in division (E) of this section. | 10440 |
| (B)(1) Except as provided in section 124.183 of the Revised | 10441 |
| Code, in computing any of the pay supplements provided in this | 10442 |
| section for an employee paid in accordance with schedule B of | 10443 |
| section 124.15 of the Revised Code, the classification salary base | 10444 |
| shall be the minimum hourly rate of the pay range, provided in | 10445 |
| that section, in which the employee is assigned at the time of | 10446 |
| computation. | 10447 |
| (2) Except as provided in section 124.183 of the Revised | 10448 |
| Code, in computing any of the pay supplements provided in this | 10449 |
| section for an employee paid in accordance with schedule E-1 of | 10450 |
| section 124.152 of the Revised Code, the classification salary | 10451 |
| base shall be the minimum hourly rate of the pay range, provided | 10452 |
| in that section, in which the employee is assigned at the time of | 10453 |
| computation. | 10454 |
| (3) Except as provided in section 124.183 of the Revised | 10455 |
| Code, in computing any of the pay supplements provided in this | 10456 |
| section for an employee paid in accordance with schedule E-1 for | 10457 |
| step seven only of section 124.152 of the Revised Code, the | 10458 |
| classification salary base shall be the minimum hourly rate in the | 10459 |
| corresponding pay range, provided in schedule E-1 of that section, | 10460 |
| to which the employee is assigned at the time of the computation. | 10461 |
| (C) The effective date of any pay supplement, except as | 10462 |
| provided in section 124.183 of the Revised Code or unless | 10463 |
| otherwise provided in this section, shall be determined by the | 10464 |
| director. | 10465 |
| (D) The director shall, by rule, establish standards | 10466 |
| regarding the administration of this section. | 10467 |
| (E)(1) Except as otherwise provided in this division, | 10468 |
| beginning on the first day of the pay period within which the | 10469 |
| employee completes five years of total service with the state | 10470 |
| government or any of its political subdivisions, each employee in | 10471 |
| positions paid in accordance with schedule B of section 124.15 of | 10472 |
| the Revised Code or in accordance with schedule E-1 or schedule | 10473 |
| E-1 for step seven only of section 124.152 of the Revised Code | 10474 |
| shall receive an automatic salary adjustment equivalent to two and | 10475 |
| one-half per cent of the classification salary base, to the | 10476 |
| nearest whole cent. Each employee shall receive thereafter an | 10477 |
| annual adjustment equivalent to one-half of one per cent of the | 10478 |
| employee's classification salary base, to the nearest whole cent, | 10479 |
| for each additional year of qualified employment until a maximum | 10480 |
| of ten per cent of the employee's classification salary base is | 10481 |
| reached. The granting of longevity adjustments shall not be | 10482 |
| affected by promotion, demotion, or other changes in | 10483 |
| classification held by the employee, nor by any change in pay | 10484 |
| range for the employee's class or grade. Longevity pay adjustments | 10485 |
| shall become effective at the beginning of the pay period within | 10486 |
| which the employee completes the necessary length of service, | 10487 |
| except that when an employee requests credit for prior service, | 10488 |
| the effective date of the prior service credit and of any | 10489 |
| longevity adjustment shall be the first day of the pay period | 10490 |
| following approval of the credit by the director of administrative | 10491 |
| services. No employee, other than an employee who submits proof of | 10492 |
| prior service within ninety days after the date of the employee's | 10493 |
| hiring, shall receive any longevity adjustment for the period | 10494 |
| prior to the director's approval of a prior service credit. Time | 10495 |
| spent on authorized leave of absence shall be counted for this | 10496 |
| purpose. | 10497 |
| (2) An employee who has retired in accordance with the | 10498 |
| provisions of any retirement system offered by the state and who | 10499 |
| is employed by the state or any political subdivision of the state | 10500 |
| on or after June 24, 1987, shall not have prior service with the | 10501 |
| state or any political subdivision of the state counted for the | 10502 |
| purpose of determining the amount of the salary adjustment | 10503 |
| provided under this division. | 10504 |
| (3) There shall be a moratorium on employees' receipt under | 10505 |
| this division of credit for service with the state government or | 10506 |
| any of its political subdivisions during the period from July 1, | 10507 |
| 2003, through June 30, 2005. In calculating the number of years of | 10508 |
| total service under this division, no credit shall be included for | 10509 |
| service during the moratorium. The moratorium shall apply to the | 10510 |
| employees of the secretary of state, the auditor of state, the | 10511 |
| treasurer of state, and the attorney general, who are subject to | 10512 |
| this section unless the secretary of state, the auditor of state, | 10513 |
| the treasurer of state, or the attorney general decides to exempt | 10514 |
| the office's employees from the moratorium and so notifies the | 10515 |
| director of administrative services in writing on or before July | 10516 |
| 1, 2003. | 10517 |
| If an employee is exempt from the moratorium, receives credit | 10518 |
| for a period of service during the moratorium, and takes a | 10519 |
| position with another entity in the state government or any of its | 10520 |
| political subdivisions, either during or after the moratorium, and | 10521 |
| if that entity's employees are or were subject to the moratorium, | 10522 |
| the employee shall continue to retain the credit. However, if the | 10523 |
| moratorium is in effect upon the taking of the new position, the | 10524 |
| employee shall cease receiving additional credit as long as the | 10525 |
| employee is in the position, until the moratorium expires. | 10526 |
| (F) When an exceptional condition exists that creates a | 10527 |
| temporary or a permanent hazard for one or more positions in a | 10528 |
| class paid in accordance with schedule B of section 124.15 of the | 10529 |
| Revised Code or in accordance with schedule E-1 or schedule E-1 | 10530 |
| for step seven only of section 124.152 of the Revised Code, a | 10531 |
| special hazard salary adjustment may be granted for the time the | 10532 |
| employee is subjected to the hazardous condition. All special | 10533 |
| hazard conditions shall be identified for each position and | 10534 |
| incidence from information submitted to the director on an | 10535 |
| appropriate form provided by the director and categorized into | 10536 |
| standard conditions of: some unusual hazard not common to the | 10537 |
| class; considerable unusual hazard not common to the class; and | 10538 |
| exceptional hazard not common to the class. | 10539 |
| (1) A hazardous salary adjustment of five per cent of the | 10540 |
| employee's classification salary base may be applied in the case | 10541 |
| of some unusual hazardous condition not common to the class for | 10542 |
| those hours worked, or a fraction of those hours worked, while the | 10543 |
| employee was subject to the unusual hazard condition. | 10544 |
| (2) A hazardous salary adjustment of seven and one-half per | 10545 |
| cent of the employee's classification salary base may be applied | 10546 |
| in the case of some considerable hazardous condition not common to | 10547 |
| the class for those hours worked, or a fraction of those hours | 10548 |
| worked, while the employee was subject to the considerable hazard | 10549 |
| condition. | 10550 |
| (3) A hazardous salary adjustment of ten per cent of the | 10551 |
| employee's classification salary base may be applied in the case | 10552 |
| of some exceptional hazardous condition not common to the class | 10553 |
| for those hours worked, or a fraction of those hours worked, when | 10554 |
| the employee was subject to the exceptional hazard condition. | 10555 |
| (4) Each claim for temporary hazard pay shall be submitted as | 10556 |
| a separate payment and shall be subject to an administrative audit | 10557 |
| by the director as to the extent and duration of the employee's | 10558 |
| exposure to the hazardous condition. | 10559 |
| (G) When a full-time employee whose salary or wage is paid | 10560 |
| directly by warrant of the director of budget and management and | 10561 |
| who also is eligible for overtime under the "Fair Labor Standards | 10562 |
| Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, is | 10563 |
| ordered by the appointing authority to report back to work after | 10564 |
| termination of the employee's regular work schedule and the | 10565 |
| employee reports, the employee shall be paid for such time. The | 10566 |
| employee shall be entitled to four hours at the employee's total | 10567 |
| rate of pay or overtime compensation for the actual hours worked, | 10568 |
| whichever is greater. This division does not apply to work that is | 10569 |
| a continuation of or immediately preceding an employee's regular | 10570 |
| work schedule. | 10571 |
| (H) When a certain position or positions paid in accordance | 10572 |
| with schedule B of section 124.15 of the Revised Code or in | 10573 |
| accordance with schedule E-1 or schedule E-1 for step seven only | 10574 |
| of section 124.152 of the Revised Code require the ability to | 10575 |
| speak or write a language other than English, a special pay | 10576 |
| supplement may be granted to attract bilingual individuals, to | 10577 |
| encourage present employees to become proficient in other | 10578 |
| languages, or to retain qualified bilingual employees. The | 10579 |
| bilingual pay supplement provided in this division may be granted | 10580 |
| in the amount of five per cent of the employee's classification | 10581 |
| salary base for each required foreign language and shall remain in | 10582 |
| effect as long as the bilingual requirement exists. | 10583 |
| (I) The director of administrative services may establish a | 10584 |
| shift differential for employees. The differential shall be paid | 10585 |
| to employees in positions working in other than the regular or | 10586 |
| first shift. In those divisions or agencies where only one shift | 10587 |
| prevails, no shift differential shall be paid regardless of the | 10588 |
| hours of the day that are worked. The director and the appointing | 10589 |
| authority shall designate which positions shall be covered by this | 10590 |
| division. | 10591 |
| (J) Whenever an employee is assigned to work in a higher | 10592 |
| level position for a continuous period of more than two weeks but | 10593 |
| no more than two years because of a vacancy, the employee's pay | 10594 |
| may be established at a rate that is approximately four per cent | 10595 |
| above the employee's current base rate for the period the employee | 10596 |
| occupies the position, provided that this temporary occupancy is | 10597 |
| approved by the director. Employees paid under this division shall | 10598 |
| continue to receive any of the pay supplements due them under | 10599 |
| other divisions of this section based on the step one base rate | 10600 |
| for their normal classification. | 10601 |
| (K) If a certain position, or positions, within a class paid | 10602 |
| in accordance with schedule B of section 124.15 of the Revised | 10603 |
| Code or in accordance with schedule E-1 or schedule E-1 for step | 10604 |
| seven only of section 124.152 of the Revised Code are mandated by | 10605 |
| state or federal law or regulation or other regulatory agency or | 10606 |
| other certification authority to have special technical | 10607 |
| certification, registration, or licensing to perform the functions | 10608 |
| which are under the mandate, a special professional achievement | 10609 |
| pay supplement may be granted. This special professional | 10610 |
| achievement pay supplement shall not be granted when all | 10611 |
| incumbents in all positions in a class require a license as | 10612 |
| provided in the classification description published by the | 10613 |
| department of administrative services; to licensees where no | 10614 |
| special or extensive training is required; when certification is | 10615 |
| granted upon completion of a stipulated term of in-service | 10616 |
| training; when an appointing authority has required certification; | 10617 |
| or any other condition prescribed by the director. | 10618 |
| (1) Before this supplement may be applied, evidence as to the | 10619 |
| requirement must be provided by the agency for each position | 10620 |
| involved, and certification must be received from the director as | 10621 |
| to the director's concurrence for each of the positions so | 10622 |
| affected. | 10623 |
| (2) The professional achievement pay supplement provided in | 10624 |
| this division shall be granted in an amount up to ten per cent of | 10625 |
| the employee's classification salary base and shall remain in | 10626 |
| effect as long as the mandate exists. | 10627 |
| (L) Those employees assigned to teaching supervisory, | 10628 |
| principal, assistant principal, or superintendent positions who | 10629 |
| have attained a higher educational level than a basic bachelor's | 10630 |
| degree may receive an educational pay supplement to remain in | 10631 |
| effect as long as the employee's assignment and classification | 10632 |
| remain the same. | 10633 |
| (1) An educational pay supplement of two and one-half per | 10634 |
| cent of the employee's classification salary base may be applied | 10635 |
| upon the achievement of a bachelor's degree plus twenty quarter | 10636 |
| hours of postgraduate work. | 10637 |
| (2) An educational pay supplement of an additional five per | 10638 |
| cent of the employee's classification salary base may be applied | 10639 |
| upon achievement of a master's degree. | 10640 |
| (3) An educational pay supplement of an additional two and | 10641 |
| one-half per cent of the employee's classification salary base may | 10642 |
| be applied upon achievement of a master's degree plus thirty | 10643 |
| quarter hours of postgraduate work. | 10644 |
| (4) An educational pay supplement of five per cent of the | 10645 |
| employee's classification salary base may be applied when the | 10646 |
| employee is performing as a master teacher. | 10647 |
| (5) An educational pay supplement of five per cent of the | 10648 |
| employee's classification salary base may be applied when the | 10649 |
| employee is performing as a special education teacher. | 10650 |
| (6) Those employees in teaching supervisory, principal, | 10651 |
| assistant principal, or superintendent positions who are | 10652 |
| responsible for specific extracurricular activity programs shall | 10653 |
| receive overtime pay for those hours worked in excess of their | 10654 |
| normal schedule, at their straight time hourly rate up to a | 10655 |
| maximum of five per cent of their regular base salary in any | 10656 |
| calendar year. | 10657 |
| (M)(1) A state agency, board, or commission may establish a | 10658 |
| supplementary compensation schedule for those licensed physicians | 10659 |
| employed by the agency, board, or commission in positions | 10660 |
| requiring a licensed physician. The supplementary compensation | 10661 |
| schedule, together with the compensation otherwise authorized by | 10662 |
| this chapter, shall provide for the total compensation for these | 10663 |
| employees to range appropriately, but not necessarily uniformly, | 10664 |
| for each classification title requiring a licensed physician, in | 10665 |
| accordance with a schedule approved by the state controlling | 10666 |
| board. The individual salary levels recommended for each such | 10667 |
| physician employed shall be approved by the director. | 10668 |
| Notwithstanding section 124.11 of the Revised Code, such personnel | 10669 |
| are in the unclassified civil service. | 10670 |
| (2) The director of administrative services may approve | 10671 |
| supplementary compensation for the director of health, if the | 10672 |
| director is a licensed physician, in accordance with a | 10673 |
| supplementary compensation schedule approved under division (M)(1) | 10674 |
| of this section or in accordance with another supplementary | 10675 |
| compensation schedule the director of administrative services | 10676 |
| considers appropriate. The supplementary compensation shall not | 10677 |
| exceed twenty per cent of the director of health's base rate of | 10678 |
| pay. | 10679 |
| (N) Notwithstanding sections 117.28, 117.30, 117.33, 117.36, | 10680 |
| 117.42, and 131.02 of the Revised Code, the state shall not | 10681 |
| institute any civil action to recover and shall not seek | 10682 |
| reimbursement for overpayments made in violation of division (E) | 10683 |
| of this section or division (C) of section 9.44 of the Revised | 10684 |
| Code for the period starting after June 24, 1987, and ending on | 10685 |
| October 31, 1993. | 10686 |
| (O) Employees of the office of the treasurer of state who are | 10687 |
| exempt from collective bargaining coverage may be granted a merit | 10688 |
| pay supplement of up to one and one-half per cent of their step | 10689 |
| rate. The rate at which this supplement is granted shall be based | 10690 |
| on performance standards established by the treasurer of state. | 10691 |
| Any supplements granted under this division shall be administered | 10692 |
| on an annual basis. | 10693 |
| (P) Intermittent employees appointed under section 124.30 of | 10694 |
| the Revised Code are not eligible for the pay supplements | 10695 |
| provided by this section. | 10696 |
| Sec. 124.183. (A) As used in this section, "active payroll" | 10697 |
|
means | 10698 |
| 10699 | |
| 10700 | |
| active pay status or eligible to receive pay for an approved leave | 10701 |
| of absence including, but not limited to, occupational injury | 10702 |
| leave, disability leave, or workers' compensation. | 10703 |
| (B) | 10704 |
| 10705 | |
| 10706 | |
| 10707 | |
| 10708 | |
| 10709 | |
| 10710 | |
| 10711 |
| | 10712 |
| 10713 | |
| 10714 | |
| 10715 | |
| 10716 | |
| 10717 | |
| 10718 | |
| 10719 | |
| 10720 |
| | 10721 |
| 10722 | |
| 10723 | |
| 10724 | |
| 10725 | |
| 10726 | |
| 10727 | |
| 10728 |
| | 10729 |
| 10730 | |
| 10731 | |
| 10732 | |
| 10733 | |
| 10734 | |
| 10735 |
| | 10736 |
| 10737 | |
| 10738 | |
| 10739 | |
| 10740 |
| | 10741 |
| 10742 | |
| 10743 | |
| 10744 | |
| 10745 |
| | 10746 |
| 10747 |
| | 10748 |
| to receive personal leave under section 124.386 of the Revised | 10749 |
| Code, except as otherwise provided in division (E) of this | 10750 |
| section. | 10751 |
| (C)(1) Employees who are in active payroll status on July 30, | 10752 |
| 2011, shall receive a one-time pay supplement in the earnings | 10753 |
| statements they receive on August 26, 2011. Full-time employees | 10754 |
| shall receive a one-time pay supplement equivalent to thirty-two | 10755 |
| hours of personal leave or a one-time pay supplement equivalent to | 10756 |
| half the hours of personal leave the employee lost during the | 10757 |
| moratorium under division (A) of section 124.386 of the Revised | 10758 |
| Code, whichever is less. Part-time employees shall receive a | 10759 |
| one-time pay supplement equivalent to sixteen hours of personal | 10760 |
| leave. | 10761 |
| (2) Employees who are not in active payroll status on July | 10762 |
| 30, 2011, due to military leave or an absence taken under the | 10763 |
| federal Family and Medical Leave Act are eligible to receive the | 10764 |
| one-time pay supplement. | 10765 |
| (D) Notwithstanding any provision of law to the contrary, a | 10766 |
| one-time pay supplement under this section shall not be subject to | 10767 |
| withholding for deposit into any state retirement system. | 10768 |
| Notwithstanding any provision of law to the contrary, a one-time | 10769 |
| pay supplement under this section shall not be used for | 10770 |
| calculation purposes in determining an employee's retirement | 10771 |
| benefits in any state retirement system. | 10772 |
| | 10773 |
| 10774 |
| | 10775 |
| supreme court, the general assembly, the legislative service | 10776 |
| commission, the secretary of state, the auditor of state, the | 10777 |
| treasurer of state, or the attorney general unless the supreme | 10778 |
| court, the general assembly, the legislative service commission, | 10779 |
| the secretary of state, the auditor of state, the treasurer of | 10780 |
|
state, or the attorney general | 10781 |
| 10782 | |
| 10783 | |
| (I) of section 124.386 of the Revised Code and notifies the | 10784 |
|
director of administrative services in writing on or
before | 10785 |
| 10786 | |
| one-time pay supplement. Written notice under this division shall | 10787 |
| be signed by the appointing authority for employees of the supreme | 10788 |
| court, general assembly, or legislative service commission, as the | 10789 |
| case may be. | 10790 |
| Sec. 124.23. (A) All applicants for positions and places in | 10791 |
| the classified service shall be subject to examination, except for | 10792 |
| applicants for positions as professional or certified service and | 10793 |
| paraprofessional employees of county boards of mental retardation | 10794 |
| and developmental disabilities, who shall be hired in the manner | 10795 |
| provided in section 124.241 of the Revised Code. | 10796 |
| (B) Any examination administered under this section shall be | 10797 |
| public and be open to all citizens of the United States and those | 10798 |
| persons who have legally declared their intentions of becoming | 10799 |
|
United States citizens | 10800 |
| 10801 | |
| service of the state, the director of administrative services may | 10802 |
| determine certain limitations as to citizenship, age, experience, | 10803 |
|
education, health,
habit,
and moral
character. | 10804 |
| (C) Any person who has completed service in the uniformed | 10805 |
| services, who has been honorably discharged from the uniformed | 10806 |
| services or transferred to the reserve with evidence of | 10807 |
| satisfactory service, and who is a resident of this state and any | 10808 |
| member of the national guard or a reserve component of the armed | 10809 |
| forces of the United States who has completed more than one | 10810 |
| hundred eighty days of active duty service pursuant to an | 10811 |
| executive order of the president of the United States or an act of | 10812 |
| the congress of the United States may file with the director a | 10813 |
| certificate of service or honorable discharge, and, upon this | 10814 |
| filing, the person shall receive additional credit of twenty per | 10815 |
| cent of the person's total grade given in the regular examination | 10816 |
| in which the person receives a passing grade. | 10817 |
| As used in this division, "service in the uniformed services" | 10818 |
| and "uniformed services" have the same meanings as in the | 10819 |
| "Uniformed Services Employment and Reemployment Rights Act of | 10820 |
| 1994," 108 Stat. 3149, 38 U.S.C.A. 4303. | 10821 |
| | 10822 |
| factors as education, training, capacity, knowledge, manual | 10823 |
| dexterity, and physical or psychological fitness. An examination | 10824 |
| shall consist of one or more tests in any combination. Tests may | 10825 |
| be written, oral, physical, demonstration of skill, or an | 10826 |
| evaluation of training and experiences and shall be designed to | 10827 |
| fairly test the relative capacity of the persons examined to | 10828 |
| discharge the particular duties of the position for which | 10829 |
| appointment is sought. Tests may include structured interviews, | 10830 |
| assessment centers, work simulations, examinations of knowledge, | 10831 |
| skills, and abilities, and any other acceptable testing methods. | 10832 |
| If minimum or maximum requirements are established for any | 10833 |
| examination, they shall be specified in the examination | 10834 |
| announcement. | 10835 |
| | 10836 |
| control of all examinations administered for positions in the | 10837 |
| service of the state and all other examinations the director | 10838 |
| administers as provided in section 124.07 of the Revised Code, | 10839 |
| except as otherwise provided in sections 124.01 to 124.64 of the | 10840 |
|
Revised
Code. | 10841 |
| (F) No questions in any examination shall relate to | 10842 |
| political or religious opinions or affiliations. No credit for | 10843 |
| seniority, efficiency, or any other reason shall be added to an | 10844 |
| applicant's examination grade unless the applicant achieves at | 10845 |
| least the minimum passing grade on the examination without | 10846 |
| counting that extra credit. | 10847 |
| | 10848 |
| 124.64 of the Revised Code, the director of administrative | 10849 |
| services shall give reasonable notice of the time, place, and | 10850 |
|
general scope of
every competitive examination for appointment | 10851 |
| 10852 | |
| positions in the service of the state. The director shall send | 10853 |
| written, printed, or electronic notices of every examination to | 10854 |
|
be conducted for positions in
the
| 10855 |
| of the state to each agency of the type the director of job and | 10856 |
| family services specifies and, in the case of a county in which no | 10857 |
| such agency is located, to the clerk of the court of common pleas | 10858 |
| of that county and to the clerk of each city located within that | 10859 |
| county. Those notices shall be posted in conspicuous public places | 10860 |
| in the designated agencies or the courthouse, and city hall of | 10861 |
| the cities, of the counties in which no designated agency is | 10862 |
| located for at least two weeks preceding any examination | 10863 |
| involved, and in a conspicuous place in the office of the director | 10864 |
| of administrative services for at least two weeks preceding any | 10865 |
| examination involved. In case of examinations limited by the | 10866 |
| director to a district, county, city, or department, the director | 10867 |
| shall provide by rule for adequate publicity of an examination in | 10868 |
| the district, county, city, or department within which competition | 10869 |
| is permitted. | 10870 |
| Sec. 124.27. (A) The head of a department, office, or | 10871 |
| institution, in which a position in the classified service is to | 10872 |
| be filled, shall notify the director of administrative services of | 10873 |
| the fact, and the director shall, except as otherwise provided in | 10874 |
| this section and sections 124.30 and 124.31 of the Revised Code, | 10875 |
| certify to the appointing authority the names and addresses of the | 10876 |
| ten candidates standing highest on the eligible list for the class | 10877 |
| or grade to which the position belongs, except that the director | 10878 |
| may certify less than ten names if ten names are not available. | 10879 |
| When less than ten names are certified to an appointing authority, | 10880 |
| appointment from that list shall not be mandatory. When a position | 10881 |
| in the classified service in the department of mental health or | 10882 |
| the department of mental retardation and developmental | 10883 |
| disabilities is to be filled, the director of administrative | 10884 |
| services shall make such certification to the appointing authority | 10885 |
| within seven working days of the date the eligible list is | 10886 |
| requested. | 10887 |
| (B) The appointing authority shall notify the director of a | 10888 |
| position in the classified service to be filled, and the | 10889 |
| appointing authority shall fill the vacant position by appointment | 10890 |
| of one of the ten persons certified by the director. If more than | 10891 |
| one position is to be filled, the director may certify a group of | 10892 |
| names from the eligible list, and the appointing authority shall | 10893 |
| appoint in the following manner: beginning at the top of the list, | 10894 |
| each time a selection is made, it must be from one of the first | 10895 |
| ten candidates remaining on the list who is willing to accept | 10896 |
| consideration for the position. If an eligible list becomes | 10897 |
| exhausted, and until a new list can be created, or when no | 10898 |
| eligible list for a position exists, names may be certified from | 10899 |
| eligible lists most appropriate for the group or class in which | 10900 |
| the position to be filled is classified. A person who is certified | 10901 |
| from an eligible list more than three times to the same appointing | 10902 |
| authority for the same or similar positions may be omitted from | 10903 |
| future certification to that appointing authority, provided that | 10904 |
| certification for a temporary appointment shall not be counted as | 10905 |
| one of those certifications. Every person who qualifies for | 10906 |
| veteran's preference under section 124.23 of the Revised Code, who | 10907 |
| is a resident of this state, and whose name is on the eligible | 10908 |
| list for a position shall be entitled to preference in original | 10909 |
| appointments to any such competitive position in the civil service | 10910 |
| of the state and its civil divisions over all other persons | 10911 |
| eligible for those appointments and standing on the relevant | 10912 |
| eligible list with a rating equal to that of the person qualifying | 10913 |
| for veteran's preference. Appointments to all positions in the | 10914 |
| classified service, that are not filled by promotion, transfer, or | 10915 |
| reduction, as provided in sections 124.01 to 124.64 of the Revised | 10916 |
| Code and the rules of the director prescribed under those | 10917 |
| sections, shall be made only from those persons whose names are | 10918 |
| certified to the appointing authority, and no employment, except | 10919 |
| as provided in those sections, shall be otherwise given in the | 10920 |
| classified service of this state or any political subdivision of | 10921 |
| the state. | 10922 |
| (C) All original and promotional appointments, including | 10923 |
| appointments made pursuant to section 124.30 of the Revised Code, | 10924 |
| but not intermittent appointments, shall be for a probationary | 10925 |
| period, not less than sixty days nor more than one year, to be | 10926 |
| fixed by the rules of the director, except as provided in section | 10927 |
| 124.231 of the Revised Code, and except for original appointments | 10928 |
| to a police department as a police officer or to a fire department | 10929 |
| as a firefighter which shall be for a probationary period of one | 10930 |
| year. No appointment or promotion is final until the appointee | 10931 |
| has satisfactorily served the probationary period. If the service | 10932 |
| of the probationary employee is unsatisfactory, the employee may | 10933 |
| be removed or reduced at any time during the probationary period. | 10934 |
| If the appointing authority decides to remove a probationary | 10935 |
| employee in the service of the state, the appointing authority | 10936 |
| shall communicate to the director the reason for that decision. A | 10937 |
| probationary employee duly removed or reduced in position for | 10938 |
| unsatisfactory service does not have the right to appeal the | 10939 |
| removal or reduction under section 124.34 of the Revised Code. | 10940 |
| Sec. 124.321. (A) Whenever it becomes necessary for an | 10941 |
| appointing authority to reduce its work force, the appointing | 10942 |
| authority shall lay off employees or abolish their positions in | 10943 |
| accordance with sections 124.321 to 124.327 of the Revised Code | 10944 |
| 10945 | |
| the reduction shall also be in compliance with the rules of the | 10946 |
| director of administrative services. | 10947 |
| (B)(1) Employees may be laid off as a result of a lack of | 10948 |
| funds within an appointing authority. For appointing authorities | 10949 |
| that employ persons whose salary or wage is paid by warrant of the | 10950 |
| director of budget and management, the director of budget and | 10951 |
| management shall be responsible for determining, consistent with | 10952 |
| the rules adopted under division (B)(3) of this section, whether a | 10953 |
| lack of funds exists. For appointing authorities that employ | 10954 |
| persons whose salary or wage is paid other than by warrant of the | 10955 |
| director of budget and management, the appointing authority itself | 10956 |
|
shall determine whether a
lack of funds exists | 10957 |
| 10958 | |
| 10959 | |
| 10960 |
| (2) As used in this division, a "lack of funds" means an | 10961 |
| appointing authority has a current or projected deficiency of | 10962 |
| funding to maintain current, or to sustain projected, levels of | 10963 |
| staffing and operations. This section does not require any | 10964 |
| transfer of money between funds in order to offset a deficiency or | 10965 |
| projected deficiency of funding for programs funded by the | 10966 |
| federal government, special revenue accounts, or proprietary | 10967 |
| accounts. Whenever a program receives funding through a grant or | 10968 |
| similar mechanism, a lack of funds shall be presumed for the | 10969 |
| positions assigned to and the employees who work under the grant | 10970 |
| or similar mechanism if, for any reason, the funding is reduced or | 10971 |
| withdrawn. | 10972 |
| (3) The director of budget and management shall adopt rules, | 10973 |
| under Chapter 119. of the Revised Code, for agencies whose | 10974 |
| employees are paid by warrant of the director of budget and | 10975 |
| management, for determining whether a lack of funds exists. | 10976 |
| (C)(1) Employees may be laid off as a result of lack of work | 10977 |
| within an appointing authority. For appointing authorities whose | 10978 |
| employees are paid by warrant of the director of budget and | 10979 |
| management, the director of administrative services shall | 10980 |
| determine, consistent with the rules adopted under division (F) of | 10981 |
| this section, whether a lack of work exists. All other appointing | 10982 |
| authorities shall themselves determine whether a lack of work | 10983 |
|
exists | 10984 |
| 10985 | |
| 10986 |
| (2) As used in this division, a "lack of work" means an | 10987 |
| appointing authority has a current or projected decrease in | 10988 |
| workload that requires a reduction of current or projected | 10989 |
| staffing levels in its organization or structure. The | 10990 |
| determination of a lack of work shall indicate the current or | 10991 |
| projected decrease in workload and whether the current or | 10992 |
| projected staffing levels of the appointing authority will be | 10993 |
| excessive. | 10994 |
| (D)(1) Employees may be laid off as a result of abolishment | 10995 |
| of positions. As used in this division, "abolishment" means the | 10996 |
| deletion of a position or positions from the organization or | 10997 |
| structure of an appointing authority. | 10998 |
| For purposes of this division, an appointing authority may | 10999 |
| abolish positions for any one or any combination of the following | 11000 |
| reasons: as a result of a reorganization for the efficient | 11001 |
| operation of the appointing authority, for reasons of economy, or | 11002 |
| for lack of work. | 11003 |
| (2)(a) Reasons of economy permitting an appointing authority | 11004 |
| to abolish a position and to lay off the holder of that position | 11005 |
| under this division shall be determined at the time the appointing | 11006 |
| authority proposes to abolish the position. The reasons of economy | 11007 |
| shall be based on the appointing authority's estimated amount of | 11008 |
| savings with respect to salary, benefits, and other matters | 11009 |
| associated with the abolishment of the position, except that the | 11010 |
| reasons of economy associated with the position's abolishment | 11011 |
| instead may be based on the appointing authority's estimated | 11012 |
| amount of savings with respect to salary and benefits only, if: | 11013 |
| (i) Either the appointing authority's operating appropriation | 11014 |
| has been reduced by an executive or legislative action, or the | 11015 |
| appointing authority has a current or projected deficiency in | 11016 |
| funding to maintain current or projected levels of staffing and | 11017 |
| operations; and | 11018 |
| (ii) In the case of a position in the service of the state, | 11019 |
| it files a notice of the position's abolishment with the director | 11020 |
| of administrative services within one year of the occurrence of | 11021 |
| the applicable circumstance described in division (D)(2)(a)(i) of | 11022 |
| this section. | 11023 |
| (b) The following principles apply when a circumstance | 11024 |
| described in division (D)(2)(a)(i) of this section would serve to | 11025 |
| authorize an appointing authority to abolish a position and to lay | 11026 |
| off the holder of the position under this division based on the | 11027 |
| appointing authority's estimated amount of savings with respect to | 11028 |
| salary and benefits only: | 11029 |
| (i) The position's abolishment shall be done in good faith | 11030 |
| and not as a subterfuge for discipline. | 11031 |
| (ii) If a circumstance affects a specific program only, the | 11032 |
| appointing authority only may abolish a position within that | 11033 |
| program. | 11034 |
| (iii) If a circumstance does not affect a specific program | 11035 |
| only, the appointing authority may identify a position that it | 11036 |
| considers appropriate for abolishment based on the reasons of | 11037 |
| economy. | 11038 |
| (3) Each appointing authority shall determine itself whether | 11039 |
| any position should be abolished. An appointing authority | 11040 |
| abolishing any position in the service of the state shall file a | 11041 |
| statement of rationale and supporting documentation with the | 11042 |
| director of administrative services prior to sending the notice of | 11043 |
| abolishment. | 11044 |
| If an abolishment results in a reduction of the work force, | 11045 |
| the appointing authority shall follow the procedures for laying | 11046 |
| off employees, subject to the following modifications: | 11047 |
| (a) The employee whose position has been abolished shall have | 11048 |
| the right to fill an available vacancy within the employee's | 11049 |
| classification. | 11050 |
| (b) If the employee whose position has been abolished has | 11051 |
| more retention points than any other employee serving in the same | 11052 |
| classification, the employee with the fewest retention points | 11053 |
| shall be displaced. | 11054 |
| (c) If the employee whose position has been abolished has the | 11055 |
| fewest retention points in the classification, the employee shall | 11056 |
| have the right to fill an available vacancy in a lower | 11057 |
| classification in the classification series. | 11058 |
| (d) If the employee whose position has been abolished has the | 11059 |
| fewest retention points in the classification, the employee shall | 11060 |
| displace the employee with the fewest retention points in the next | 11061 |
| or successively lower classification in the classification series. | 11062 |
| (E) Notwithstanding any contrary provision of the | 11063 |
| displacement procedure described in section 124.324 of the Revised | 11064 |
| Code for employees to displace other employees during a layoff, | 11065 |
| the director of administrative services or a county appointing | 11066 |
| authority may establish a paper lay-off process under which | 11067 |
| employees who are to be laid off or displaced may be required, | 11068 |
| before the date of their paper layoff, to preselect their options | 11069 |
| for displacing other employees. | 11070 |
| (F) The director of administrative services shall adopt rules | 11071 |
| under Chapter 119. of the Revised Code for the determination of | 11072 |
| lack of work within an appointing authority, for the abolishment | 11073 |
| of positions by an appointing authority, and for the | 11074 |
| implementation of this section as it relates to positions in the | 11075 |
| service of the state. | 11076 |
| Sec. 124.324. (A) A laid-off employee has the right to | 11077 |
| displace the employee with the fewest retention points in the | 11078 |
| following order: | 11079 |
| (1) Within the classification from which the employee was | 11080 |
| laid off; | 11081 |
| (2) Within the classification series from which the employee | 11082 |
| was laid off; | 11083 |
| (3) Within the classification the employee held immediately | 11084 |
| prior to holding the classification from which the employee was | 11085 |
| laid off, except that the employee may not displace employees in | 11086 |
| a classification if the employee does not meet the minimum | 11087 |
| qualifications of the classification or if the employee last held | 11088 |
| the classification more than three years prior to the date on | 11089 |
| which the employee was laid off. | 11090 |
| If, after exercising displacement rights, an employee is | 11091 |
| subject to further layoff action, the employee's displacement | 11092 |
| rights shall be in accordance with the classification from which | 11093 |
| the employee was first laid off. | 11094 |
| The director of administrative services shall verify the | 11095 |
| calculation of the retention points of all employees in the | 11096 |
| service of the state in an affected classification in accordance | 11097 |
| with section 124.325 of the Revised Code. | 11098 |
| (B) Following the order of layoff, an employee laid off in | 11099 |
| the classified civil service shall displace another employee | 11100 |
| within the same appointing authority or independent institution | 11101 |
| and layoff jurisdiction in the following manner: | 11102 |
| (1) Each laid-off employee possessing more retention points | 11103 |
| shall displace the employee with the fewest retention points in | 11104 |
| the next lower classification or successively lower classification | 11105 |
| in the same classification series. | 11106 |
| (2) Any employee displaced by an employee possessing more | 11107 |
| retention points shall displace the employee with the fewest | 11108 |
| retention points in the next lower classification or successively | 11109 |
| lower classification in the same classification series. This | 11110 |
| process shall continue, if necessary, until the employee with the | 11111 |
| fewest retention points in the lowest classification of the | 11112 |
| classification series of the same appointing authority or | 11113 |
| independent institution has been reached and, if necessary, laid | 11114 |
| off. | 11115 |
| (C) Employees shall notify the appointing authority of their | 11116 |
| intention to exercise their displacement rights, within five days | 11117 |
| after receiving notice of layoff. This division does not apply if | 11118 |
| the director of administrative services has established a paper | 11119 |
| lay-off process pursuant to division (E) of section 124.321 of the | 11120 |
| Revised Code that includes a different notification requirement | 11121 |
| for employees exercising their displacement rights under that | 11122 |
| process. | 11123 |
| (D) No employee shall displace an employee for whose position | 11124 |
| or classification there are certain position-specific minimum | 11125 |
| qualifications, as established by the appointing authority and | 11126 |
| reviewed for validity by the department of administrative | 11127 |
| services, or as established by bona fide occupational | 11128 |
| qualification, unless the employee desiring to displace another | 11129 |
| employee possesses the requisite position-specific minimum | 11130 |
| qualifications for the position or classification. | 11131 |
| (E) If an employee exercising displacement rights must | 11132 |
| displace an employee in another county within the same layoff | 11133 |
| district, the displacement shall not be construed to be a | 11134 |
| transfer. | 11135 |
| (F) The director of administrative services shall adopt rules | 11136 |
| under Chapter 119. of the Revised Code for the implementation of | 11137 |
| this section as it relates to positions in the service of the | 11138 |
| state. | 11139 |
| Sec. 124.325. (A) Retention points to reflect the length of | 11140 |
| continuous service and efficiency in service for all employees | 11141 |
| affected by a layoff shall be verified by the director of | 11142 |
| administrative services for positions in the service of the state. | 11143 |
| (B) An employee's length of continuous service will be | 11144 |
| carried from one layoff jurisdiction to another so long as no | 11145 |
| break in service occurs between transfers or appointments. | 11146 |
| (C) If two or more employees have an identical number of | 11147 |
| retention points, employees having the shortest period of | 11148 |
| continuous service shall be laid off first. | 11149 |
| (D)(1) As used in this division, "affected employee" means a | 11150 |
| city employee who becomes a county employee, or a county employee | 11151 |
| who becomes a city employee, as the result of any of the | 11152 |
| following: | 11153 |
| (a) The merger of a city and a county office; | 11154 |
| (b) The merger of city and county functions or duties; | 11155 |
| (c) The transfer of functions or duties between a city and | 11156 |
| county. | 11157 |
| (2) For purposes of this section, the new employer of any | 11158 |
| affected employee shall treat the employee's prior service with a | 11159 |
| former employer as if it had been served with the new employer. | 11160 |
| (E) The director of administrative services shall adopt rules | 11161 |
| in accordance with Chapter 119. of the Revised Code to establish a | 11162 |
| system for the assignment of retention points for each employee in | 11163 |
| the service of the state in a classification affected by a layoff | 11164 |
| and for determining, in those instances where employees in the | 11165 |
| service of the state have identical retention points, which | 11166 |
| employee shall be laid off first. | 11167 |
| Sec. 124.34. (A) The tenure of every officer or employee in | 11168 |
| the classified service of the state and the counties, civil | 11169 |
| service townships, cities, city health districts, general health | 11170 |
| districts, and city school districts of the state, holding a | 11171 |
| position under this chapter, shall be during good behavior and | 11172 |
| efficient service. No officer or employee shall be reduced in pay | 11173 |
| or position, fined, suspended, or removed, or have the officer's | 11174 |
| or employee's longevity reduced or eliminated, except as provided | 11175 |
| in section 124.32 of the Revised Code, and for incompetency, | 11176 |
| inefficiency, dishonesty, drunkenness, immoral conduct, | 11177 |
| insubordination, discourteous treatment of the public, neglect of | 11178 |
| duty, violation of any policy or work rule of the officer's or | 11179 |
| employee's appointing authority, violation of this chapter or the | 11180 |
| rules of the director of administrative services or the | 11181 |
| commission, any other failure of good behavior, any other acts of | 11182 |
| misfeasance, malfeasance, or nonfeasance in office, or conviction | 11183 |
| of a felony. The denial of a one-time pay supplement or a bonus to | 11184 |
| an officer or employee is not a reduction in pay for purposes of | 11185 |
| this section. | 11186 |
| This section does not apply to any modifications or | 11187 |
| reductions in pay authorized by section 124.392 of the Revised | 11188 |
| Code. | 11189 |
| An appointing authority may require an employee who is | 11190 |
| suspended to report to work to serve the suspension. An employee | 11191 |
| serving a suspension in this manner shall continue to be | 11192 |
| compensated at the employee's regular rate of pay for hours | 11193 |
| worked. The disciplinary action shall be recorded in the | 11194 |
| employee's personnel file in the same manner as other disciplinary | 11195 |
| actions and has the same effect as a suspension without pay for | 11196 |
| the purpose of recording disciplinary actions. | 11197 |
| A finding by the appropriate ethics commission, based upon a | 11198 |
| preponderance of the evidence, that the facts alleged in a | 11199 |
| complaint under section 102.06 of the Revised Code constitute a | 11200 |
| violation of Chapter 102., section 2921.42, or section 2921.43 of | 11201 |
| the Revised Code may constitute grounds for dismissal. Failure to | 11202 |
| file a statement or falsely filing a statement required by section | 11203 |
| 102.02 of the Revised Code may also constitute grounds for | 11204 |
| dismissal. The tenure of an employee in the career professional | 11205 |
| service of the department of transportation is subject to section | 11206 |
| 5501.20 of the Revised Code. | 11207 |
| Conviction of a felony is a separate basis for reducing in | 11208 |
| pay or position, suspending, or removing an officer or employee, | 11209 |
| even if the officer or employee has already been reduced in pay or | 11210 |
| position, suspended, or removed for the same conduct that is the | 11211 |
| basis of the felony. An officer or employee may not appeal to the | 11212 |
| state personnel board of review or the commission any disciplinary | 11213 |
| action taken by an appointing authority as a result of the | 11214 |
| officer's or employee's conviction of a felony. If an officer or | 11215 |
| employee removed under this section is reinstated as a result of | 11216 |
| an appeal of the removal, any conviction of a felony that occurs | 11217 |
| during the pendency of the appeal is a basis for further | 11218 |
| disciplinary action under this section upon the officer's or | 11219 |
| employee's reinstatement. | 11220 |
| A person convicted of a felony immediately forfeits the | 11221 |
| person's status as a classified employee in any public employment | 11222 |
| on and after the date of the conviction for the felony. If an | 11223 |
| officer or employee is removed under this section as a result of | 11224 |
| being convicted of a felony or is subsequently convicted of a | 11225 |
| felony that involves the same conduct that was the basis for the | 11226 |
| removal, the officer or employee is barred from receiving any | 11227 |
| compensation after the removal notwithstanding any modification or | 11228 |
| disaffirmance of the removal, unless the conviction for the felony | 11229 |
| is subsequently reversed or annulled. | 11230 |
| Any person removed for conviction of a felony is entitled to | 11231 |
| a cash payment for any accrued but unused sick, personal, and | 11232 |
| vacation leave as authorized by law. If subsequently reemployed in | 11233 |
| the public sector, the person shall qualify for and accrue these | 11234 |
| forms of leave in the manner specified by law for a newly | 11235 |
| appointed employee and shall not be credited with prior public | 11236 |
| service for the purpose of receiving these forms of leave. | 11237 |
| As used in this division, "felony" means any of the | 11238 |
| following: | 11239 |
| (1) A felony that is an offense of violence as defined in | 11240 |
| section 2901.01 of the Revised Code; | 11241 |
| (2) A felony that is a felony drug abuse offense as defined | 11242 |
| in section 2925.01 of the Revised Code; | 11243 |
| (3) A felony under the laws of this or any other state or the | 11244 |
| United States that is a crime of moral turpitude; | 11245 |
| (4) A felony involving dishonesty, fraud, or theft; | 11246 |
| (5) A felony that is a violation of section 2921.05, 2921.32, | 11247 |
| or 2921.42 of the Revised Code. | 11248 |
| (B) In case of a reduction, a suspension of forty or more | 11249 |
| work hours in the case of an employee exempt from the payment of | 11250 |
| overtime compensation, a suspension of twenty-four or more work | 11251 |
| hours in the case of an employee required to be paid overtime | 11252 |
| compensation, a fine of forty or more hours' pay in the case of an | 11253 |
| employee exempt from the payment of overtime compensation, a fine | 11254 |
| of twenty-four or more hours' pay in the case of an employee | 11255 |
| required to be paid overtime compensation, or removal, except for | 11256 |
| the reduction or removal of a probationary employee, the | 11257 |
| appointing authority shall serve the employee with a copy of the | 11258 |
| order of reduction, fine, suspension, or removal, which order | 11259 |
| shall state the reasons for the action. | 11260 |
| Within ten days following the date on which the order is | 11261 |
| served or, in the case of an employee in the career professional | 11262 |
| service of the department of transportation, within ten days | 11263 |
| following the filing of a removal order, the employee, except as | 11264 |
| otherwise provided in this section, may file an appeal of the | 11265 |
| order in writing with the state personnel board of review or the | 11266 |
| commission. For purposes of this section, the date on which an | 11267 |
| order is served is the date of hand delivery of the order or the | 11268 |
| date of delivery of the order by certified United States mail, | 11269 |
| whichever occurs first. If an appeal is filed, the board or | 11270 |
| commission shall forthwith notify the appointing authority and | 11271 |
| shall hear, or appoint a trial board to hear, the appeal within | 11272 |
| thirty days from and after its filing with the board or | 11273 |
| commission. The board, commission, or trial board may affirm, | 11274 |
| disaffirm, or modify the judgment of the appointing authority. | 11275 |
| However, in an appeal of a removal order based upon a violation of | 11276 |
| a last chance agreement, the board, commission, or trial board may | 11277 |
| only determine if the employee violated the agreement and thus | 11278 |
| affirm or disaffirm the judgment of the appointing authority. | 11279 |
| In cases of removal or reduction in pay for disciplinary | 11280 |
| reasons, either the appointing authority or the officer or | 11281 |
| employee may appeal from the decision of the state personnel board | 11282 |
| of review or the commission, and any such appeal shall be to the | 11283 |
| court of common pleas of the county in which the appointing | 11284 |
| authority is located, or to the court of common pleas of Franklin | 11285 |
| county, as provided by section 119.12 of the Revised Code. | 11286 |
| (C) In the case of the suspension for any period of time, or | 11287 |
| a fine, demotion, or removal, of a chief of police, a chief of a | 11288 |
| fire department, or any member of the police or fire department of | 11289 |
| a city or civil service township, who is in the classified civil | 11290 |
| service, the appointing authority shall furnish the chief or | 11291 |
| member with a copy of the order of suspension, fine, demotion, or | 11292 |
| removal, which order shall state the reasons for the action. The | 11293 |
| order shall be filed with the municipal or civil service township | 11294 |
| civil service commission. Within ten days following the filing of | 11295 |
| the order, the chief or member may file an appeal, in writing, | 11296 |
| with the commission. If an appeal is filed, the commission shall | 11297 |
| forthwith notify the appointing authority and shall hear, or | 11298 |
| appoint a trial board to hear, the appeal within thirty days from | 11299 |
| and after its filing with the commission, and it may affirm, | 11300 |
| disaffirm, or modify the judgment of the appointing authority. An | 11301 |
| appeal on questions of law and fact may be had from the decision | 11302 |
| of the commission to the court of common pleas in the county in | 11303 |
| which the city or civil service township is situated. The appeal | 11304 |
| shall be taken within thirty days from the finding of the | 11305 |
| commission. | 11306 |
| (D) A violation of division (A)(7) of section 2907.03 of the | 11307 |
| Revised Code is grounds for termination of employment of a | 11308 |
| nonteaching employee under this section. | 11309 |
| (E) As used in this section, "last chance agreement" means an | 11310 |
| agreement signed by both an appointing authority and an officer or | 11311 |
| employee of the appointing authority that describes the type of | 11312 |
| behavior or circumstances that, if it occurs, will automatically | 11313 |
| lead to removal of the officer or employee without the right of | 11314 |
| appeal to the state personnel board of review or the appropriate | 11315 |
| commission. | 11316 |
| Sec. 124.381. | 11317 |
| the state may be eligible to receive salary continuation not to | 11318 |
| exceed four hundred eighty hours at the employee's total rate of | 11319 |
| pay for absence as a result of injury incurred during the | 11320 |
| performance of, or arising out of, state employment. When an | 11321 |
| eligible employee's absence as a result of such an injury extends | 11322 |
| beyond four hundred eighty hours, the employee immediately | 11323 |
| becomes subject to sections 124.382 and 124.385 of the Revised | 11324 |
| Code regarding sick leave and disability leave benefits. | 11325 |
| An employee is ineligible to receive salary continuation | 11326 |
| until the date of implementation is established in the rules | 11327 |
| adopted under division (C)(1) of this section. | 11328 |
| (b) Employees of the secretary of state, auditor of state, | 11329 |
| treasurer of state, attorney general, supreme court, general | 11330 |
| assembly, or legislative service commission are not subject to | 11331 |
| division (A)(1)(a) of this section unless the relevant appointing | 11332 |
| authority notifies the director of administrative services in | 11333 |
| writing of the intent to have all of the appointing authority's | 11334 |
| employees participate in salary continuation. The relevant | 11335 |
| appointing authority also may discontinue salary continuation for | 11336 |
| all of its employees by providing written notice of the | 11337 |
| discontinuation to the director. | 11338 |
| Participation in salary continuation is subject to rules | 11339 |
| adopted under division (C)(1) of this section. | 11340 |
| (2) Each employee of the department of rehabilitation and | 11341 |
| correction, the department of mental health, the department of | 11342 |
|
mental retardation and developmental
disabilities, or the | 11343 |
| 11344 | |
| employee of the department of education who works at the Ohio | 11345 |
| schools for the deaf and blind, and each employee of the | 11346 |
| department of youth services as established in division (A) of | 11347 |
|
section 124.14 of
the Revised Code who | 11348 |
| 11349 | |
| 11350 | |
| ward of these agencies during the time the employee is lawfully | 11351 |
| carrying out the assigned duties of the employee's position shall | 11352 |
| be paid occupational injury leave at the employee's total rate of | 11353 |
| pay during the period the employee is disabled as a result of | 11354 |
|
that | 11355 |
|
exceed | 11356 |
|
lieu of
workers'
compensation. Pay
made according to this | 11357 |
| division shall not be charged to the employee's accumulation of | 11358 |
| sick leave credit. In any case when an employee's disability as a | 11359 |
| result of such a qualifying physical condition extends beyond | 11360 |
| nine hundred sixty hours, the employee immediately becomes | 11361 |
| subject to sections 124.382 and 124.385 of the Revised Code | 11362 |
| regarding sick leave and disability leave benefits. | 11363 |
| (B) An employee who is receiving salary continuation or | 11364 |
| occupational injury leave under division (A)(1) or (2) of this | 11365 |
| section is not eligible for other paid leave, including holiday | 11366 |
| pay, while receiving benefits under either division. While an | 11367 |
| employee is receiving salary continuation or occupational injury | 11368 |
| leave under division (A)(1) or (2) of this section, vacation | 11369 |
| leave credit ceases to accrue to the employee under section | 11370 |
| 124.134 of the Revised Code, but sick leave credit and personal | 11371 |
| leave credit continue to accrue to the employee under sections | 11372 |
| 124.382 and 124.386 of the Revised Code. | 11373 |
| (C)(1) The director of administrative services shall adopt | 11374 |
| rules for the administration of both the salary continuation | 11375 |
| program and the occupational injury leave program. The rules | 11376 |
| shall include, but not be limited to, provisions for determining a | 11377 |
| disability, for filing a claim for leave under this section, and | 11378 |
| for allowing or denying claims for the leave. | 11379 |
| | 11380 |
| 11381 | |
| 11382 | |
| 11383 | |
| 11384 | |
| 11385 |
| | 11386 |
| 11387 | |
| 11388 | |
| 11389 | |
| 11390 |
| (2) The director also may adopt rules for the payment of | 11391 |
| health benefits while an employee is on workers' compensation | 11392 |
| leave. | 11393 |
| (D) An appointing authority may apply to the director of | 11394 |
| administrative services to grant salary continuation under | 11395 |
|
division (A)(1) of this section or occupational injury leave | 11396 |
| 11397 | |
| enforcement personnel employed by the agency. | 11398 |
| Sec. 124.382. (A) As used in this section and sections | 11399 |
| 124.383, 124.386, 124.387, and 124.388 of the Revised Code: | 11400 |
| (1) "Pay period" means the fourteen-day period of time during | 11401 |
| which the payroll is accumulated, as determined by the director of | 11402 |
| administrative services. | 11403 |
| (2) "Active pay status" means the conditions under which an | 11404 |
| employee is eligible to receive pay, and includes, but is not | 11405 |
| limited to, vacation leave, sick leave, personal leave, | 11406 |
| bereavement leave, and administrative leave. | 11407 |
| (3) "No pay status" means the conditions under which an | 11408 |
| employee is ineligible to receive pay and includes, but is not | 11409 |
| limited to, leave without pay, leave of absence, and disability | 11410 |
| leave. | 11411 |
| (4) "Disability leave" means the leave granted pursuant to | 11412 |
| section 124.385 of the Revised Code. | 11413 |
| (5) "Full-time permanent employee" means an employee whose | 11414 |
| regular hours of duty total eighty hours in a pay period in a | 11415 |
| state agency and whose appointment is not for a limited period of | 11416 |
| time. | 11417 |
| (6) "Base rate of pay" means the rate of pay established | 11418 |
| under schedule B or C of section 124.15 of the Revised Code or | 11419 |
| under schedule E-1, schedule E-1 for step seven only, or schedule | 11420 |
| E-2 of section 124.152 of the Revised Code, plus any supplement | 11421 |
| provided under section 124.181 of the Revised Code, plus any | 11422 |
| supplements enacted into law which are added to schedule B or C of | 11423 |
| section 124.15 of the Revised Code or to schedule E-1, schedule | 11424 |
| E-1 for step seven only, or schedule E-2 of section 124.152 of the | 11425 |
| Revised Code. | 11426 |
| (7) "Part-time permanent employee" means an employee whose | 11427 |
| regular hours of duty total less than eighty hours in a pay period | 11428 |
| in a state agency and whose appointment is not for a limited | 11429 |
| period of time. | 11430 |
| (B) Each full-time permanent and part-time permanent employee | 11431 |
| whose salary or wage is paid directly by warrant of the director | 11432 |
| of budget and management shall be credited with sick leave of | 11433 |
| three and one-tenth hours for each completed eighty hours of | 11434 |
| service, excluding overtime hours worked. Sick leave is not | 11435 |
| available for use until it appears on the employee's earning | 11436 |
| statement and the compensation described in the earning statement | 11437 |
| is available to the employee. | 11438 |
| (C) Any sick leave credit provided pursuant to division (B) | 11439 |
| of this section, remaining as of the last day of the pay period | 11440 |
| preceding the first paycheck the employee receives in December, | 11441 |
| shall be converted pursuant to section 124.383 of the Revised | 11442 |
| Code. | 11443 |
| (D) Employees may use sick leave, provided a credit balance | 11444 |
| is available, upon approval of the responsible administrative | 11445 |
| officer of the employing unit, for absence due to personal | 11446 |
| illness, pregnancy, injury, exposure to contagious disease that | 11447 |
| could be communicated to other employees, and illness, injury, or | 11448 |
| death in the employee's immediate family. When sick leave is | 11449 |
| used, it shall be deducted from the employee's credit on the basis | 11450 |
| of absence from previously scheduled work in such increments of an | 11451 |
| hour and at such a compensation rate as the director of | 11452 |
| administrative services determines. The appointing authority of | 11453 |
| each employing unit may require an employee to furnish a | 11454 |
| satisfactory, signed statement to justify the use of sick leave. | 11455 |
| If, after having utilized the credit provided by this | 11456 |
| section, an employee utilizes sick leave that was accumulated | 11457 |
| prior to November 15, 1981, compensation for such sick leave used | 11458 |
| shall be at a rate as the director determines. | 11459 |
| (E)(1) The previously accumulated sick leave balance of an | 11460 |
| employee who has been separated from the public service, for which | 11461 |
| separation payments pursuant to section 124.384 of the Revised | 11462 |
| Code have not been made, shall be placed to the employee's credit | 11463 |
| upon the employee's reemployment in the public service, if the | 11464 |
| reemployment takes place within ten years of the date on which the | 11465 |
| employee was last terminated from public service. | 11466 |
| (2) The previously accumulated sick leave balance of an | 11467 |
| employee who has separated from a school district shall be placed | 11468 |
| to the employee's credit upon the employee's appointment as an | 11469 |
| unclassified employee of the state department of education, if all | 11470 |
| of the following apply: | 11471 |
| (a) The employee accumulated the sick leave balance while | 11472 |
| employed by the school district. | 11473 |
| (b) The employee did not receive any separation payments for | 11474 |
| the sick leave balance. | 11475 |
| (c) The employee's employment with the department takes place | 11476 |
| within ten years after the date on which the employee separated | 11477 |
| from the school district. | 11478 |
| (F) An employee who transfers from one public agency to | 11479 |
| another shall be credited with the unused balance of the | 11480 |
| employee's accumulated sick leave. | 11481 |
| (G) The director of administrative services shall establish | 11482 |
| procedures to uniformly administer this section. No sick leave may | 11483 |
| be granted to a state employee upon or after the employee's | 11484 |
| retirement or termination of employment. | 11485 |
| (H) As used in this division, "active payroll" means | 11486 |
| conditions under which an employee is in active pay status or | 11487 |
| eligible to receive pay for an approved leave of absence, | 11488 |
| including, but not limited to, occupational injury leave, | 11489 |
| disability leave, or workers' compensation. | 11490 |
| (1) Employees who are in active payroll status on June 18, | 11491 |
| 2011, shall receive a one-time credit of additional sick leave in | 11492 |
| the pay period that begins on July 1, 2011. Full-time employees | 11493 |
| shall receive a one-time credit of thirty-two hours of additional | 11494 |
| sick leave or a credit of additional sick leave equivalent to half | 11495 |
| the hours of personal leave the employee lost during the | 11496 |
| moratorium under division (A) of section 124.386 of the Revised | 11497 |
| Code, whichever is less. Part-time employees shall receive a | 11498 |
| one-time credit of sixteen hours of additional sick leave. | 11499 |
| (2) Employees who are not in active payroll status due to | 11500 |
| military leave or an absence taken in accordance with the federal | 11501 |
| "Family and Medical Leave Act" are eligible to receive the | 11502 |
| one-time additional sick leave credit. | 11503 |
| (3) The one-time additional sick leave credit does not apply | 11504 |
| to employees of the supreme court, general assembly, legislative | 11505 |
| service commission, secretary of state, auditor of state, | 11506 |
| treasurer of state, or attorney general unless the supreme court, | 11507 |
| general assembly, legislative service commission, secretary of | 11508 |
| state, auditor of state, treasurer of state, or attorney general | 11509 |
| participated in the moratorium under division (H) or (I) of | 11510 |
| section 124.386 of the Revised Code and notifies in writing the | 11511 |
| director of administrative services on or before June 1, 2011, of | 11512 |
| the decision to participate in the one-time additional sick leave | 11513 |
| credit. Written notice under this division shall be signed by the | 11514 |
| appointing authority for employees of the supreme court, general | 11515 |
| assembly, or legislative service commission, as the case may be. | 11516 |
| Sec. 124.385. (A) An employee is eligible for disability | 11517 |
| leave benefits under this section if the employee has completed | 11518 |
| one year of continuous state service immediately prior to the date | 11519 |
| of the disability and if any of the following applies: | 11520 |
| (1) The employee is a full-time permanent employee and is | 11521 |
| eligible for sick leave credit pursuant to division (B) of section | 11522 |
| 124.382 of the Revised Code. | 11523 |
| (2) The employee is a part-time permanent employee who has | 11524 |
| worked at least fifteen hundred hours within the twelve-month | 11525 |
| period immediately preceding the date of disability and is | 11526 |
| eligible for sick leave credit under division (B) of section | 11527 |
| 124.382 of the Revised Code. | 11528 |
| (3) The employee is a full-time permanent or part-time | 11529 |
| permanent employee, is on disability leave or leave of absence for | 11530 |
| medical reasons, and would be eligible for sick leave credit | 11531 |
| pursuant to division (B) of section 124.382 of the Revised Code | 11532 |
| except that the employee is in no pay status due to the employee's | 11533 |
| medical condition. | 11534 |
| (B) The director of administrative services, by rule adopted | 11535 |
| in accordance with Chapter 119. of the Revised Code, shall | 11536 |
| establish a disability leave program. The rule shall include, but | 11537 |
| shall not be limited to, the following: | 11538 |
| (1) Procedures to be followed for determining disability; | 11539 |
| (2) Provisions for the allowance of disability leave due to | 11540 |
| illness or injury; | 11541 |
| (3) Provisions for the continuation of service credit for | 11542 |
| employees granted disability leave, including service credit | 11543 |
| towards retirement, as provided by the applicable statute; | 11544 |
| (4) The establishment of a minimum level of benefit and of a | 11545 |
| waiting period before benefits begin; | 11546 |
| (5) Provisions setting a maximum length of benefit and | 11547 |
| requiring that employees eligible to apply for disability | 11548 |
| retirement shall do so prior to completing the first six months of | 11549 |
| their period of disability. The director's rules shall indicate | 11550 |
| those employees required to apply for disability retirement. If an | 11551 |
| employee is approved to receive disability retirement, the | 11552 |
| employee shall receive the retirement benefit and a supplement | 11553 |
| payment that equals a percentage of the employee's base rate of | 11554 |
| pay and that, when added to the retirement benefit, equals no more | 11555 |
| than the percentage of pay received by employees after the first | 11556 |
| six months of disability. This supplemental payment shall not be | 11557 |
| considered earnable salary, compensation, or salary, and is not | 11558 |
| subject to contributions, under Chapter 145., 742., 3307., 3309., | 11559 |
| or 5505. of the Revised Code. | 11560 |
| (6) Provisions that allow employees to utilize available sick | 11561 |
| leave, personal leave, compensatory time, or vacation leave | 11562 |
| balances to supplement the benefits payable under this section. | 11563 |
| The balances used to supplement the benefits, plus any amount | 11564 |
| contributed by the state as provided in division (D) of this | 11565 |
| section, shall be paid at the employee's base rate of pay in an | 11566 |
| amount sufficient to give employees up to one hundred per cent of | 11567 |
| pay for time on disability. | 11568 |
| (7) Procedures for appealing denial of payment of a claim, | 11569 |
| including the following: | 11570 |
| (a) A maximum of thirty days to file an appeal by the | 11571 |
| employee; | 11572 |
| (b) A maximum of fifteen days for the parties to select a | 11573 |
| third-party opinion pursuant to division (F) of this section, | 11574 |
| unless an extension is agreed to by the parties; | 11575 |
| (c) A maximum of thirty days for the third party to render an | 11576 |
| opinion. | 11577 |
| (8) Provisions for approving leave of absence for medical | 11578 |
| reasons where an employee is in no pay status because the employee | 11579 |
| has used all the employee's sick leave, personal leave, vacation | 11580 |
| leave, and compensatory time; | 11581 |
| (9) Provisions for precluding the payment of benefits if the | 11582 |
| injury for which the benefits are sought is covered by a workers' | 11583 |
| compensation plan; | 11584 |
| (10) Provisions for precluding the payment of benefits in | 11585 |
| order to ensure that benefits are provided in a consistent manner. | 11586 |
| (C) Except as provided in division (B)(6) of this section, | 11587 |
| time off for an employee granted disability leave is not | 11588 |
| chargeable to any other leave granted by other sections of the | 11589 |
| Revised Code. | 11590 |
| (D) While an employee is on an approved disability leave, the | 11591 |
| employer's and employee's share of health, life, and other | 11592 |
| insurance benefits shall be paid by the state, and the retirement | 11593 |
| contribution shall be paid as follows: | 11594 |
| (1) The employer's share shall be paid by the state. | 11595 |
| (2) For the first three months, the employee's share shall be | 11596 |
| paid by the employee. | 11597 |
| (3) After the first three months, the employee's share shall | 11598 |
| be paid by the state. | 11599 |
| (E) The approval for disability leave shall be made by the | 11600 |
| director, upon recommendation by the appointing authority. The | 11601 |
| director may delegate to any appointing authority the authority to | 11602 |
| approve disability benefits for a standard recovery period. | 11603 |
| (F) If a request for disability leave is denied based on a | 11604 |
| medical determination, the director shall obtain a medical opinion | 11605 |
| from a third party. The decision of the third party is binding. | 11606 |
| (G) The rule adopted by the director under division (B) of | 11607 |
| this section shall not deny disability leave benefits for an | 11608 |
| illness or injury to an employee who is a veteran of the United | 11609 |
| States armed forces because the employee contracted the illness or | 11610 |
| received the injury in the course of or as a result of military | 11611 |
| service and the illness or injury is or may be covered by a | 11612 |
| compensation plan administered by the United States department of | 11613 |
| veterans affairs. | 11614 |
| Sec. 124.386. (A) Each full-time permanent employee paid in | 11615 |
| accordance with section 124.152 of the Revised Code and those | 11616 |
| full-time permanent employees listed in divisions (B)(2) and (4) | 11617 |
| of section 124.14 of the Revised Code shall be credited with | 11618 |
| thirty-two hours of personal leave each year. Each part-time | 11619 |
| permanent employee paid in accordance with section 124.152 of the | 11620 |
| Revised Code and those part-time permanent employees listed in | 11621 |
| divisions (B)(2) and (4) of section 124.14 of the Revised Code | 11622 |
| shall receive a pro-rated personal leave credit as determined by | 11623 |
| rule of the director of administrative services. The credit shall | 11624 |
| be made to each eligible employee in the first pay the employee | 11625 |
| receives in December. Employees, upon giving reasonable notice to | 11626 |
| the responsible administrative officer of the appointing | 11627 |
| authority, may use personal leave for absence due to mandatory | 11628 |
| court appearances, legal or business matters, family emergencies, | 11629 |
| unusual family obligations, medical appointments, weddings, | 11630 |
| religious holidays not listed in section 124.19 of the Revised | 11631 |
| Code, or any other matter of a personal nature. Personal leave may | 11632 |
| not be used on a holiday when an employee is scheduled to work. | 11633 |
| Personal leave is not available for use until it appears on | 11634 |
| the employee's earning statement and the compensation described in | 11635 |
| the earning statement is available to the employee. | 11636 |
| There shall be a moratorium on personal leave accrual | 11637 |
| beginning with the credit employees would have received in | 11638 |
| December 2009, except as otherwise provided in divisions (H)(1) | 11639 |
| and (2) of this section. Personal leave accrual shall resume with | 11640 |
| employees receiving credit in December 2011 and there shall be no | 11641 |
| retroactive grant of credit for the period the moratorium was in | 11642 |
| effect. | 11643 |
| (B) When personal leave is used, it shall be deducted from | 11644 |
| the unused balance of the employee's personal leave on the basis | 11645 |
| of absence in such increments of an hour as the director of | 11646 |
| administrative services determines. Compensation for personal | 11647 |
| leave shall be equal to the employee's base rate of pay. | 11648 |
| (C) A newly appointed full-time permanent employee or a | 11649 |
| 11650 | |
| permanent appointment shall be credited with personal leave of | 11651 |
| thirty-two hours, less one and two-tenths hours for each pay | 11652 |
| period that has elapsed following the first paycheck the employee | 11653 |
| receives in December, until the first day of the pay period | 11654 |
| during which the appointment was effective. | 11655 |
| (D) The director of administrative services shall allow | 11656 |
| employees to elect one of the following options with respect to | 11657 |
| the unused balance of personal leave: | 11658 |
| (1) Carry forward the balance. The maximum credit that shall | 11659 |
| be available to an employee at any one time is forty hours. | 11660 |
| (2) Convert the balance to accumulated sick leave, to be used | 11661 |
| in the manner provided by section 124.382 of the Revised Code; | 11662 |
| (3) Receive a cash benefit. The cash benefit shall equal one | 11663 |
| hour of the employee's base rate of pay for every hour of unused | 11664 |
| credit that is converted. An employee serving in a temporary work | 11665 |
| level who elects to convert unused personal leave to cash shall do | 11666 |
| so at the base rate of pay of the employee's normal | 11667 |
| classification. Such cash benefit shall not be subject to | 11668 |
| contributions to any of the retirement systems, either by the | 11669 |
| employee or the employer. | 11670 |
| There shall be a moratorium on the payment for conversion of | 11671 |
| unused personal leave until December 2011, except as otherwise | 11672 |
| provided in divisions (H)(1) and (2) of this section. | 11673 |
| (E) A full-time permanent employee who separates from state | 11674 |
| service or becomes ineligible to be credited with leave under this | 11675 |
| section shall receive a reduction of personal leave credit of one | 11676 |
| and two-tenths hours for each pay period that remains beginning | 11677 |
| with the first pay period following the date of separation or the | 11678 |
| effective date of the employee's ineligibility until the pay | 11679 |
| period preceding the next base pay period. After calculation of | 11680 |
| the reduction of an employee's personal leave credit, the employee | 11681 |
| is entitled to compensation for any remaining personal leave | 11682 |
| credit at the employee's current base rate of pay. If the | 11683 |
| reduction results in a number of hours less than zero, the cash | 11684 |
| equivalent value of such number of hours shall be deducted from | 11685 |
| any compensation that remains payable to the employee, or from the | 11686 |
| cash conversion value of any vacation or sick leave that remains | 11687 |
| credited to the employee. An employee serving in a temporary work | 11688 |
| level who is eligible to receive compensation under this section | 11689 |
| shall be compensated at the base rate of pay of the employee's | 11690 |
| normal classification. | 11691 |
| (F) An employee who transfers from one public agency to | 11692 |
| another public agency in which the employee is eligible for the | 11693 |
| credit provided under this section shall be credited with the | 11694 |
| unused balance of personal leave. | 11695 |
| (G) The director of administrative services shall establish | 11696 |
| procedures to uniformly administer this section. No personal leave | 11697 |
| may be granted to a state employee upon or after retirement or | 11698 |
| termination of employment. | 11699 |
| (H)(1) The moratoria imposed under divisions (A) and (D)(3) | 11700 |
| of this section shall apply to employees of the secretary of | 11701 |
| state, auditor of state, treasurer of state, and attorney general | 11702 |
| who are subject to this section unless the secretary of state, | 11703 |
| auditor of state, treasurer of state, or attorney general decides | 11704 |
| to exempt the office's employees from the moratoria and so | 11705 |
| notifies the director of administrative services in writing on or | 11706 |
| before July 1, 2009. | 11707 |
| (2) The moratoria imposed under divisions (A) and (D)(3) of | 11708 |
| this section do not apply to employees of the supreme court, the | 11709 |
| general assembly, and the legislative service commission who are | 11710 |
| subject to this section, unless the supreme court, general | 11711 |
| assembly, or legislative service commission decides to include | 11712 |
| those employees in the moratoria and so notifies the director of | 11713 |
| administrative services in writing on or before July 1, 2009. | 11714 |
| Written notice shall be signed by the appointing authority for | 11715 |
| employees of the supreme court, general assembly, or legislative | 11716 |
| service commission as the case may be. | 11717 |
| Sec. 124.392. (A) As used in this section | 11718 |
| (1) "Exempt employee" has the same meaning as in section | 11719 |
| 124.152 of the Revised Code. | 11720 |
| (2) "Fiscal emergency" means a fiscal emergency declared by | 11721 |
| the governor under section 126.05 of the Revised Code. | 11722 |
| (B) The director of administrative services may establish a | 11723 |
|
voluntary cost savings program for exempt employees. | 11724 |
| (C) The director of administrative services shall establish a | 11725 |
| mandatory cost savings program applicable to exempt employees. | 11726 |
| Subject to division (C)(1) of this section, the program may | 11727 |
| include, but is not limited to, a loss of pay or loss of holiday | 11728 |
| pay as determined by the director. The program may be administered | 11729 |
| differently among exempt employees based on their classifications, | 11730 |
| appointment categories, appointing authorities, or other relevant | 11731 |
| distinctions. | 11732 |
| (1) Each full-time exempt employee shall participate in the | 11733 |
| program for a total of eighty hours of mandatory cost savings in | 11734 |
| both fiscal year 2010 and fiscal year 2011. Each part-time exempt | 11735 |
| employee shall participate in the program by not receiving holiday | 11736 |
| pay during both fiscal year 2010 and fiscal year 2011. Each | 11737 |
| employee of the secretary of state, auditor of state, treasurer of | 11738 |
| state, and attorney general shall participate in the program | 11739 |
| unless the secretary of state, auditor of state, treasurer of | 11740 |
| state, or attorney general decides to exempt the officer's | 11741 |
| employees from the program and so notifies the director of | 11742 |
| administrative services in writing on or before July 1, 2009. | 11743 |
| (2) After June 30, 2011, the director of administrative | 11744 |
| services, in consultation with the director of budget and | 11745 |
| management, may implement mandatory cost savings days applicable | 11746 |
| to exempt employees in the event of a fiscal emergency. Each | 11747 |
| employee of the secretary of state, auditor of state, treasurer of | 11748 |
| state, and attorney general shall participate in the mandatory | 11749 |
| cost savings days unless the secretary of state, auditor of state, | 11750 |
| treasurer of state, or attorney general decides to exempt the | 11751 |
| officer's employees from the mandatory cost savings days and so | 11752 |
| notifies the director of administrative services in the manner the | 11753 |
| director of administrative services prescribes by rule adopted | 11754 |
| under this section. | 11755 |
| (D) The director shall adopt rules in accordance with Chapter | 11756 |
| 119. of the Revised Code to provide for the administration of the | 11757 |
| 11758 |
| (E) The cost savings fund is hereby created in the state | 11759 |
| treasury. Savings accrued through employee participation in the | 11760 |
| mandatory cost savings program and in mandatory cost savings days | 11761 |
| shall be allocated to the fund. The fund may be used to pay | 11762 |
| employees who participated in the mandatory cost savings program | 11763 |
| or in mandatory cost savings days. Any investment earnings of the | 11764 |
| fund shall be credited to the fund. | 11765 |
| Sec. 124.393. (A) As used in this section: | 11766 |
| (1) "County exempt employee" means a permanent full-time or | 11767 |
| permanent part-time county employee who is not subject to a | 11768 |
| collective bargaining agreement between a public employer and an | 11769 |
| exclusive representative. | 11770 |
| (2) "Fiscal emergency" means any of the following: | 11771 |
| (a) A fiscal emergency declared by the governor under section | 11772 |
| 126.05 of the Revised Code. | 11773 |
| (b) Lack of funds as defined in section 124.321 of the | 11774 |
| Revised Code. | 11775 |
| (c) Reasons of economy as described in section 124.321 of the | 11776 |
| Revised Code. | 11777 |
| (B)(1) A county appointing authority may establish a | 11778 |
| mandatory cost savings program applicable to its county exempt | 11779 |
| employees. Each county exempt employee shall participate in the | 11780 |
| program of mandatory cost savings for not more than eighty hours, | 11781 |
| as determined by the appointing authority, in each of state fiscal | 11782 |
| years 2010 and 2011. The program may include, but is not limited | 11783 |
| to, a loss of pay or loss of holiday pay. The program may be | 11784 |
| administered differently among employees based on their | 11785 |
| classifications, appointment categories, or other relevant | 11786 |
| distinctions. | 11787 |
| (2) After June 30, 2011, a county appointing authority may | 11788 |
| implement mandatory cost savings days as described in division | 11789 |
| (B)(1) of this section that apply to its county exempt employees | 11790 |
| in the event of a fiscal emergency. | 11791 |
| (C) A county appointing authority shall issue guidelines | 11792 |
| concerning how the appointing authority will implement the cost | 11793 |
| savings program. | 11794 |
| Sec. 124.81. (A) Except as provided in division | 11795 |
| this section, the department of administrative services in | 11796 |
| consultation with the superintendent of insurance shall negotiate | 11797 |
| with and, in accordance with the competitive selection procedures | 11798 |
| of Chapter 125. of the Revised Code, contract with one or more | 11799 |
| insurance companies authorized to do business in this state, for | 11800 |
| the issuance of one of the following: | 11801 |
| (1) A policy of group life insurance covering all state | 11802 |
| employees who are paid directly by warrant of the state auditor, | 11803 |
| including elected state officials; | 11804 |
| (2) A combined policy, or coordinated policies of one or more | 11805 |
| insurance companies or health insuring corporations in combination | 11806 |
| with one or more insurance companies providing group life and | 11807 |
| health, medical, hospital, dental, or surgical insurance, or any | 11808 |
| combination thereof, covering all such employees; | 11809 |
| (3) A policy that may include, but is not limited to, | 11810 |
| hospitalization, surgical, major medical, dental, vision, and | 11811 |
| medical care, disability, hearing aids, prescription drugs, group | 11812 |
| life, life, sickness, and accident insurance, group legal | 11813 |
| services, or a combination of the above benefits for some or all | 11814 |
| of the employees paid in accordance with section 124.152 of the | 11815 |
| Revised Code and for some or all of the employees listed in | 11816 |
| divisions (B)(2) and (4) of section 124.14 of the Revised Code, | 11817 |
| and their immediate dependents. | 11818 |
| (B) The department of administrative services in consultation | 11819 |
| with the superintendent of insurance shall negotiate with and, in | 11820 |
| accordance with the competitive selection procedures of Chapter | 11821 |
| 125. of the Revised Code, contract with one or more insurance | 11822 |
| companies authorized to do business in this state, for the | 11823 |
| issuance of a policy of group life insurance covering all | 11824 |
| municipal and county court judges. The amount of such coverage | 11825 |
| shall be an amount equal to the aggregate salary set forth for | 11826 |
| each municipal court judge in sections 141.04 and 1901.11 of the | 11827 |
| Revised Code, and set forth for each county court judge in | 11828 |
| sections 141.04 and 1907.16 of the Revised Code. On and after the | 11829 |
| effective date of the policy of group life insurance coverage, a | 11830 |
| municipal or county court judge is ineligible for life insurance | 11831 |
| coverage from a county or other political subdivision. | 11832 |
| (C) If a state employee uses all accumulated sick leave and | 11833 |
| then goes on an extended medical disability, the policyholder | 11834 |
| shall continue at no cost to the employee the coverage of the | 11835 |
| group life insurance for such employee for the period of such | 11836 |
| extended leave, but not beyond three years. | 11837 |
| | 11838 |
| insurance policy as provided in division (A) of this section is | 11839 |
| laid off pursuant to section 124.32 of the Revised Code, such | 11840 |
| employee by request to the policyholder, made no later than the | 11841 |
| effective date of the layoff, may elect to continue the employee's | 11842 |
| group life insurance for the one-year period through which the | 11843 |
| employee may be considered to be on laid-off status by paying the | 11844 |
| policyholder through payroll deduction or otherwise twelve times | 11845 |
| the monthly premium computed at the existing average rate for the | 11846 |
| group life case for the amount of the employee's insurance | 11847 |
| thereunder at the time of the employee's layoff. The policyholder | 11848 |
| shall pay the premiums to the insurance company at the time of the | 11849 |
| next regular monthly premium payment for the actively insured | 11850 |
| employees and furnish the company appropriate data as to such | 11851 |
| laid-off employees. At the time an employee receives written | 11852 |
| notice of a layoff, the policyholder shall also give such employee | 11853 |
| written notice of the opportunity to continue group life insurance | 11854 |
| in accordance with this division. When such laid-off employee is | 11855 |
| reinstated for active work before the end of the one-year period, | 11856 |
| the employee shall be reclassified as insured again as an active | 11857 |
| employee under the group and appropriate refunds for the number of | 11858 |
| full months of unearned premium payment shall be made by the | 11859 |
| policyholder. | 11860 |
| | 11861 |
| an insured employee when the employee's group insurance terminates | 11862 |
| under the policy. | 11863 |
| | 11864 |
| department may provide benefits equivalent to those that may be | 11865 |
| paid under a policy issued by an insurance company, or the | 11866 |
| department may, to comply with a collectively bargained contract, | 11867 |
| enter into an agreement with a jointly administered trust fund | 11868 |
| which receives contributions pursuant to a collective bargaining | 11869 |
| agreement entered into between this state, or any of its political | 11870 |
| subdivisions, and any collective bargaining representative of the | 11871 |
| employees of this state or any political subdivision for the | 11872 |
| purpose of providing for self-insurance of all risk in the | 11873 |
| provision of fringe benefits similar to those that may be paid | 11874 |
| pursuant to division (A) of this section, and the jointly | 11875 |
| administered trust fund may provide through the self-insurance | 11876 |
| method specific fringe benefits as authorized by the rules of the | 11877 |
| board of trustees of the jointly administered trust fund. Amounts | 11878 |
| from the fund may be used to pay direct and indirect costs that | 11879 |
| are attributable to consultants or a third-party administrator and | 11880 |
| that are necessary to administer this section. Benefits provided | 11881 |
| under this section include, but are not limited to, | 11882 |
| hospitalization, surgical care, major medical care, disability, | 11883 |
| dental care, vision care, medical care, hearing aids, prescription | 11884 |
| drugs, group life insurance, sickness and accident insurance, | 11885 |
| group legal services, or a combination of the above benefits, for | 11886 |
| the employees and their immediate dependents. | 11887 |
| | 11888 |
| Code, any public employer, including the state, and any of its | 11889 |
| political subdivisions, including, but not limited to, any county, | 11890 |
| county hospital, municipal corporation, township, park district, | 11891 |
| school district, state institution of higher education, public or | 11892 |
| special district, state agency, authority, commission, or board, | 11893 |
| or any other branch of public employment, and any collective | 11894 |
| bargaining representative of employees of the state or any | 11895 |
| political subdivision may agree in a collective bargaining | 11896 |
| agreement that any mutually agreed fringe benefit including, but | 11897 |
| not limited to, hospitalization, surgical care, major medical | 11898 |
| care, disability, dental care, vision care, medical care, hearing | 11899 |
| aids, prescription drugs, group life insurance, sickness and | 11900 |
| accident insurance, group legal services, or a combination | 11901 |
| thereof, for employees and their dependents be provided through a | 11902 |
| mutually agreed upon contribution to a jointly administered trust | 11903 |
| fund. Amounts from the fund may be used to pay direct and indirect | 11904 |
| costs that are attributable to consultants or a third-party | 11905 |
| administrator and that are necessary to administer this section. | 11906 |
| The amount, type, and structure of fringe benefits provided under | 11907 |
| this division is subject to the determination of the board of | 11908 |
| trustees of the jointly administered trust fund. Notwithstanding | 11909 |
| any other provision of the Revised Code, competitive bidding does | 11910 |
| not apply to the purchase of fringe benefits for employees under | 11911 |
| this division through a jointly administered trust fund. | 11912 |
| Sec. 124.821. The health care spending account fund is hereby | 11913 |
| created in the state treasury. The director of administrative | 11914 |
| services shall use money in the fund to make payments with regard | 11915 |
| to the participation of state employees in flexible spending | 11916 |
| accounts for certain nonreimbursed medical and dental expenses | 11917 |
| under section 125 of the Internal Revenue Code. All investment | 11918 |
| earnings on money in the fund shall be credited to the fund. | 11919 |
| Sec. 124.822. The dependent care spending account fund is | 11920 |
| hereby created in the state treasury. The director of | 11921 |
| administrative services shall use money in the fund to make | 11922 |
| payments with regard to the participation of state employees in | 11923 |
| flexible spending accounts for work-related dependent care | 11924 |
| expenses under section 125 of the Internal Revenue Code. All | 11925 |
| investment earnings on money in the fund shall be credited to the | 11926 |
| fund. | 11927 |
| Sec. 124.86. There is hereby created in the state treasury | 11928 |
| the employee educational development fund, to be used to pay the | 11929 |
| state administrative costs of any education program undertaken | 11930 |
| pursuant to specific collective bargaining agreements identified | 11931 |
| in uncodified law governing expenditure of the fund. The director | 11932 |
| of administrative services shall establish, and shall obtain the | 11933 |
| approval of the director of budget and management for, a charge | 11934 |
| for each such program that is sufficient only to recover those | 11935 |
| costs. All money collected from such a charge shall be deposited | 11936 |
| to the credit of the fund, and all interest earned on the fund | 11937 |
| shall accrue to the fund. The director of administrative services | 11938 |
| shall administer the fund in accordance with the respective | 11939 |
| collective bargaining agreements and may adopt rules for the | 11940 |
| purpose of this administration. | 11941 |
| Sec. 124.95. (A) As used in this section, "state agency" has | 11942 |
| the meaning defined in section 1.60 of the Revised Code, but does | 11943 |
| not include any court or judicial agency, the general assembly or | 11944 |
| any legislative agency, or the controlling board. | 11945 |
| (B) On or before January 1, 2010, the director of | 11946 |
| administrative services, under division (A) of section 124.09 of | 11947 |
| the Revised Code, shall develop and adopt rules, and thereafter | 11948 |
| may amend or rescind rules, that establish customer service | 11949 |
| performance standards for officers and employees of state | 11950 |
| agencies, but not for officers who are elected. The performance | 11951 |
| standards shall be specific to the various positions in each state | 11952 |
| agency and shall be based on the duties, responsibilities, | 11953 |
| requirements, and qualifications of the positions. The performance | 11954 |
| standards shall be applied to and used in conducting each | 11955 |
| employee's annual performance review. | 11956 |
| The director shall solicit recommendations concerning | 11957 |
| improving customer service from human resource professionals, and, | 11958 |
| before adopting rules under this section, shall consider the | 11959 |
| recommendations that are submitted. | 11960 |
| Sec. 125.18. (A) There is hereby established the office of | 11961 |
| information technology within the department of administrative | 11962 |
| services. The office shall be under the supervision of a state | 11963 |
| chief information officer to be appointed by the director of | 11964 |
| administrative services and subject to removal at the pleasure | 11965 |
| of the director. The chief information officer is an assistant | 11966 |
| director of administrative services. | 11967 |
| (B) Under the direction of the director of administrative | 11968 |
| services, the state chief information officer shall lead, | 11969 |
| oversee, and direct state agency activities related to | 11970 |
| information technology development and use. In that regard, the | 11971 |
| state chief information officer shall do all of the following: | 11972 |
| (1) Coordinate and superintend statewide efforts to promote | 11973 |
| common use and development of technology by state agencies. The | 11974 |
| office of information technology shall establish policies and | 11975 |
| standards that govern and direct state agency participation in | 11976 |
| statewide programs and initiatives. | 11977 |
| (2) Establish policies and standards for the acquisition and | 11978 |
| use of common information technology by state agencies, including, | 11979 |
| but not limited to, hardware, software, technology services, and | 11980 |
| security, and the extension of the service life of information | 11981 |
| technology systems, with which state agencies shall comply; | 11982 |
| (3) Establish criteria and review processes to identify state | 11983 |
| agency information technology projects or purchases that require | 11984 |
| alignment or oversight. As appropriate, the department of | 11985 |
| administrative services shall provide the governor and the | 11986 |
| director of budget and management with notice and advice | 11987 |
| regarding the appropriate allocation of resources for those | 11988 |
| projects. The state chief information officer may require state | 11989 |
| agencies to provide, and may prescribe the form and manner by | 11990 |
| which they must provide, information to fulfill the state chief | 11991 |
| information officer's alignment and oversight role; | 11992 |
| (4) Establish policies and procedures for the security of | 11993 |
| personal information that is maintained and destroyed by state | 11994 |
| agencies; | 11995 |
| (5) Employ a chief information security officer who is | 11996 |
| responsible for the implementation of the policies and procedures | 11997 |
| described in division (B)(4) of this section and for | 11998 |
| coordinating the implementation of those policies and procedures | 11999 |
| in all of the state agencies; | 12000 |
| (6) Employ a chief privacy officer who is responsible for | 12001 |
| advising state agencies when establishing policies and procedures | 12002 |
| for the security of personal information and developing education | 12003 |
| and training programs regarding the state's security procedures; | 12004 |
| (7) Establish policies on the purchasing, use, and | 12005 |
| reimbursement for use of handheld computing and telecommunications | 12006 |
| devices by state agency employees; | 12007 |
| (8) Establish policies for the reduction of printing and the | 12008 |
| use of electronic records by state agencies; | 12009 |
| (9) Establish policies for the reduction of energy | 12010 |
| consumption by state agencies. | 12011 |
| (C)(1) The chief information security officer shall assist | 12012 |
| each state agency with the development of an information | 12013 |
| technology security strategic plan and review that plan, and each | 12014 |
| state agency shall submit that plan to the state chief | 12015 |
| information officer. The chief information security officer may | 12016 |
| require that each state agency update its information technology | 12017 |
| security strategic plan annually as determined by the state | 12018 |
| chief information officer. | 12019 |
| (2) Prior to the implementation of any information technology | 12020 |
| data system, a state agency shall prepare or have prepared a | 12021 |
| privacy impact statement for that system. | 12022 |
| (D) When a state agency requests a purchase of information | 12023 |
| technology supplies or services under Chapter 125. of the Revised | 12024 |
| Code, the state chief information officer may review and reject | 12025 |
| the requested purchase for noncompliance with information | 12026 |
| technology direction, plans, policies, standards, or | 12027 |
| project-alignment criteria. | 12028 |
| (E) The office of information technology may operate | 12029 |
| technology services for state agencies in accordance with this | 12030 |
| chapter. | 12031 |
| (F) With the approval of the director of administrative | 12032 |
| services, the office of information technology may establish | 12033 |
| cooperative agreements with federal and local government agencies | 12034 |
| and state agencies that are not under the authority of the | 12035 |
| governor for the provision of technology services and the | 12036 |
| development of technology projects. | 12037 |
| (G) As used in this section: | 12038 |
| (1) "Personal information" has the same meaning as in section | 12039 |
| 149.45 of the Revised Code. | 12040 |
| (2) "State agency" means every organized body, office, or | 12041 |
| agency established by the laws of the state for the exercise of | 12042 |
| any function of state government, other than any state-supported | 12043 |
| institution of higher education, the office of the auditor of | 12044 |
| state, treasurer of state, secretary of state, or attorney | 12045 |
| general, the adjutant general's department, the bureau of workers' | 12046 |
| compensation, the industrial commission, the public employees | 12047 |
| retirement system, the Ohio police and fire pension fund, the | 12048 |
| state teachers retirement system, the school employees retirement | 12049 |
| system, the state highway patrol retirement system, the general | 12050 |
| assembly or any legislative agency, or the courts or any judicial | 12051 |
| agency. | 12052 |
| Sec. 125.181. The director of administrative services shall | 12053 |
| establish the state information technology investment board within | 12054 |
| the department of administrative services. The board shall consist | 12055 |
| of representatives from various state elective offices and state | 12056 |
| agencies, including the office of budget and management. The board | 12057 |
| shall identify and recommend to the state chief information | 12058 |
| officer opportunities for consolidation and cost-savings measures | 12059 |
| relating to information technology. Members of the board are not | 12060 |
| entitled to compensation for their services. | 12061 |
| Sec. 125.20. (A) Within one hundred eighty days after the | 12062 |
| effective date of this section, the director of administrative | 12063 |
| services shall establish an electronic site accessible through | 12064 |
| the internet to publish the following: | 12065 |
| (1) A database containing each state employee's year-to-date | 12066 |
| gross pay and pay from the most recent pay period. The database | 12067 |
| shall contain searchable fields including the name of the agency, | 12068 |
| position title, and employee name. | 12069 |
| (2) A database containing agency expenditures for goods and | 12070 |
| services that shall contain searchable fields including the name | 12071 |
| of the agency, expenditure amount, category of good or service for | 12072 |
| which an expenditure is made, and contractor or vendor name; | 12073 |
| (3) A database containing tax credits issued by the director | 12074 |
| of development to business entities that shall contain searchable | 12075 |
| fields, including the name under which the tax credit is known, | 12076 |
| the name of the entity receiving the credit, and the county in | 12077 |
| which the credit recipient's principal place of business in this | 12078 |
| state is located. | 12079 |
| (B) Daily, each executive agency shall provide to the | 12080 |
| department of administrative services information to be published | 12081 |
| in the databases under division (A) of this section. The director | 12082 |
| of administrative services may adopt rules governing the means by | 12083 |
| which information is submitted and databases are updated. | 12084 |
| Sec. 125.831. As used in sections 125.831 to 125.834 of the | 12085 |
| Revised Code: | 12086 |
| (A) "Alternative fuel" means any of the following fuels used | 12087 |
| in a motor vehicle: | 12088 |
| (1) E85 blend fuel; | 12089 |
| (2) Blended biodiesel; | 12090 |
| (3) Natural gas; | 12091 |
| (4) Liquefied petroleum gas; | 12092 |
| (5) Hydrogen; | 12093 |
| (6) Compressed air; | 12094 |
| (7) Any power source, including electricity; | 12095 |
| | 12096 |
| of this section that the United States department of energy | 12097 |
| determines, by final rule, to be substantially not petroleum, and | 12098 |
| that would yield substantial energy security and environmental | 12099 |
| benefits. | 12100 |
| (B) "Biodiesel" means a mono-alkyl ester combustible liquid | 12101 |
| fuel that is derived from vegetable oils or animal fats, or any | 12102 |
| combination of those reagents that meets the American society for | 12103 |
| testing and materials specification for biodiesel fuel (B100) | 12104 |
| blend stock distillate fuels and any other standards that the | 12105 |
| director of administrative services adopts by rule. | 12106 |
| (C) "Blended biodiesel" means a blend of biodiesel with | 12107 |
| petroleum based diesel fuel in which the resultant product | 12108 |
| contains not less than twenty per cent biodiesel that meets the | 12109 |
| American society for testing and materials specification for | 12110 |
| blended diesel fuel and any other standards that the director of | 12111 |
| administrative services adopts by rule. | 12112 |
| (D) "Diesel fuel" means any liquid fuel that is capable of | 12113 |
| use in discrete form or as a blend component in the operation of | 12114 |
| engines of the diesel type. | 12115 |
| (E) "E85 blend fuel" means fuel containing eighty-five per | 12116 |
| cent or more ethanol as defined in section 5733.46 of the Revised | 12117 |
| Code or containing any other percentage of not less than seventy | 12118 |
| per cent ethanol if the United States department of energy | 12119 |
| determines, by rule, that the lower percentage is necessary to | 12120 |
| provide for the requirements of cold start, safety, or vehicle | 12121 |
| functions, and that meets the American society for testing and | 12122 |
| materials specification for E85 blend fuel and any other standards | 12123 |
| that the director of administrative services adopts by rule. | 12124 |
| (F) "Law enforcement officer" means an officer, agent, or | 12125 |
| employee of a state agency upon whom, by statute, a duty to | 12126 |
| conserve the peace or to enforce all or certain laws is imposed | 12127 |
| and the authority to arrest violators is conferred, within the | 12128 |
| limits of that statutory duty and authority, but does not include | 12129 |
| such an officer, agent, or employee if that duty and authority is | 12130 |
| location specific. | 12131 |
| (G)(1) "Motor vehicle" means any automobile, car minivan, | 12132 |
| cargo van, passenger van, sport utility vehicle, or pickup truck | 12133 |
| with a gross vehicle weight of under twelve thousand pounds. | 12134 |
| (2) "Motor vehicle" does not include, except for the purposes | 12135 |
| of division (C) of section 125.832 of the Revised Code, any | 12136 |
| vehicle described in division (G)(1) of this section that is used | 12137 |
| by a law enforcement officer and law enforcement agency or any | 12138 |
| vehicle that is so described and that is equipped with specialized | 12139 |
| equipment that is not normally found in such a vehicle and that is | 12140 |
| used to carry out a state agency's specific and specialized duties | 12141 |
| and responsibilities. | 12142 |
| (H) "Specialized equipment" does not include standard mobile | 12143 |
| radios with no capabilities other than voice communication, | 12144 |
| exterior and interior lights, or roof-mounted caution lights. | 12145 |
| (I) "State agency" means every organized body, office, board, | 12146 |
| authority, commission, or agency established by the laws of the | 12147 |
| state for the exercise of any governmental or quasi-governmental | 12148 |
| function of state government regardless of the funding source for | 12149 |
| that entity, other than any state institution of higher education, | 12150 |
| the office of the governor, lieutenant governor, auditor of state, | 12151 |
| treasurer of state, secretary of state, or attorney general, the | 12152 |
| general assembly or any legislative agency, the courts or any | 12153 |
| judicial agency, or any state retirement system or retirement | 12154 |
| program established by or referenced in the Revised Code. | 12155 |
| (J) "State institution of higher education" has the same | 12156 |
| meaning as in section 3345.011 of the Revised Code. | 12157 |
| Sec. 126.05. On or before the tenth day of each month, the | 12158 |
| director of budget and management shall furnish to the governor | 12159 |
| statements in such form as the governor requires showing the | 12160 |
| condition of the general revenue fund. The statements shall | 12161 |
| provide a summary of the status of appropriations to enable the | 12162 |
| governor to exercise and maintain effective supervision and | 12163 |
| control over the expenditures of the state. The director shall | 12164 |
| also furnish statements the governor requests showing the | 12165 |
| condition of any other fund. | 12166 |
| If the governor ascertains that the available revenue | 12167 |
| receipts and balances for the general revenue fund for the current | 12168 |
| fiscal year will in all probability be less than the | 12169 |
|
appropriations for the year, | 12170 |
| orders to the state agencies as will prevent their expenditures | 12171 |
| and incurred obligations from exceeding such revenue receipts and | 12172 |
| balances. | 12173 |
| If the governor ascertains that the available revenue | 12174 |
| receipts and balances for any fund other than the general revenue | 12175 |
| fund for the current fiscal year will in all probability be less | 12176 |
|
than the appropriations for the year, | 12177 |
| such orders to the state agencies as will prevent their | 12178 |
| expenditures and incurred obligations from exceeding such revenue | 12179 |
| receipts and balances. | 12180 |
| If the governor determines that the available revenue | 12181 |
| receipts and balances in any fund or across funds will likely be | 12182 |
| less than the appropriations for the year, the governor may | 12183 |
| declare a fiscal emergency and may issue such orders as necessary | 12184 |
| to the director of budget and management to reduce expenditures, | 12185 |
| or to the director of administrative services to implement | 12186 |
| personnel actions consistent therewith, including, but not | 12187 |
| limited to, mandatory cost savings days under section 124.392 of | 12188 |
| the Revised Code. | 12189 |
| As used in this section, "expenditures and incurred | 12190 |
| obligations" includes all moneys expended or obligated pursuant to | 12191 |
| appropriations by the general assembly that are calculated and | 12192 |
| distributed pursuant to a distribution formula in law. | 12193 |
| Sec. 126.10. No certificate of participation or any similar | 12194 |
| debt instrument may be obtained or entered into by the state | 12195 |
| without the prior approval of the general assembly. | 12196 |
| Sec. 126.35. (A) The director of budget and management | 12197 |
| shall draw warrants against the treasurer of state pursuant to all | 12198 |
| requests for payment that the director has approved under section | 12199 |
| 126.07 of the Revised Code. | 12200 |
| (B) Unless | 12201 |
| 12202 | |
|
to be made by electronic benefit transfer, | 12203 |
| 12204 | |
| 12205 | |
| participant in the Ohio works first program pursuant to Chapter | 12206 |
|
5107. of the
Revised Code | 12207 |
| assistance pursuant to Chapter 5115. of the Revised Code, or a | 12208 |
| recipient of cash assistance provided under the refugee assistance | 12209 |
| program established under section 5101.49 of the Revised Code | 12210 |
| shall be made by direct deposit to the account of the participant | 12211 |
| or recipient in the financial institution designated under section | 12212 |
| 329.03 of the Revised Code. Payment by the director of budget and | 12213 |
| management to a recipient of benefits distributed through the | 12214 |
| medium of electronic benefit transfer pursuant to section 5101.33 | 12215 |
| of the Revised Code shall be by electronic benefit transfer. | 12216 |
| Payment by the director of budget and management as compensation | 12217 |
| to an employee of the state who has, pursuant to section 124.151 | 12218 |
| of the Revised Code, designated a financial institution and | 12219 |
| account for the direct deposit of such payments shall be made by | 12220 |
| direct deposit to the account of the employee. Payment to any | 12221 |
| other payee who has designated a financial institution and account | 12222 |
| for the direct deposit of such payment may be made by direct | 12223 |
| deposit to the account of the payee in the financial institution | 12224 |
| as provided in section 9.37 of the Revised Code. Accounts | 12225 |
| maintained by the director of budget and management or the | 12226 |
| director's agent in a financial institution for the purpose of | 12227 |
| effectuating payment by direct deposit or electronic benefit | 12228 |
| transfer shall be maintained in accordance with section 135.18 of | 12229 |
| the Revised Code. | 12230 |
| (C) All other payments from the state treasury shall be made | 12231 |
| by paper warrants or by direct deposit payable to the respective | 12232 |
| payees. The director of budget and management may mail the paper | 12233 |
| warrants to the respective payees or distribute them through other | 12234 |
| state agencies, whichever the director determines to be the better | 12235 |
| procedure. | 12236 |
| (D) If the average per transaction cost the director of | 12237 |
| budget and management incurs in making direct deposits for a state | 12238 |
| agency exceeds the average per transaction cost the director | 12239 |
| incurs in drawing paper warrants for all public offices during the | 12240 |
| same period of time, the director may certify the difference in | 12241 |
| cost and the number of direct deposits for the agency to the | 12242 |
| director of administrative services. The director of | 12243 |
| administrative services shall reimburse the director of budget and | 12244 |
| management for such additional costs and add the amount to the | 12245 |
| processing charge assessed upon the state agency. | 12246 |
| Sec. 126.50. As used in sections 126.50, 126.501, 126.502, | 12247 |
| 126.503, 126.504, 126.505, 126.506, and 126.507 of the Revised | 12248 |
| Code: | 12249 |
| (A) "Critical services" means a service provided by the state | 12250 |
| the deferral or cancellation of which would cause at least one of | 12251 |
| the following: | 12252 |
| (1) An immediate risk to the health, safety, or welfare of | 12253 |
| the citizens of the state; | 12254 |
| (2) A undermining of activity aimed at creating or retaining | 12255 |
| jobs in the state; | 12256 |
| (3) An interference with the receipt of revenue to the state | 12257 |
| or the realization of savings to the state. | 12258 |
| "Critical services" does not mean a deferral or cancellation | 12259 |
| of a service provided by the state that would result in | 12260 |
| inconvenience, sustainable delay, or other similar compromise to | 12261 |
| the normal provision of state-provided services. | 12262 |
| (B) "State agency" has the same meaning as in section 1.60 of | 12263 |
| the Revised Code and includes the elected state officers, but does | 12264 |
| not include the general assembly or any legislative agency, a | 12265 |
| court or any judicial agency, or a state institution of higher | 12266 |
| education. | 12267 |
| Sec. 126.501. By November 1, 2009, each state agency shall | 12268 |
| submit to the general assembly and the director of budget and | 12269 |
| management a spending plan that outlines a thirty per cent overall | 12270 |
| reduction in spending on supplies and services for fiscal years | 12271 |
| 2010 and 2011. Each spending plan shall address any potential | 12272 |
| savings, lack of savings, or costs that may be realized by each of | 12273 |
| the following strategies: | 12274 |
| (A) Gaining approval from the state agency's director or the | 12275 |
| director's designee for any purchase of supplies or services | 12276 |
| costing one thousand dollars or more. | 12277 |
| (B) Renegotiating, if not otherwise prohibited, contracts | 12278 |
| entered into before July 1, 2009, and especially those contracts | 12279 |
| in which a vendor is willing to reduce costs by fifteen per cent | 12280 |
| or more while maintaining substantial equivalency on other terms. | 12281 |
| (C) With the approval of the director of administrative | 12282 |
| services, allowing contracts for critical services that are up for | 12283 |
| renewal to expire and be rebid. | 12284 |
| (D) With the approval of the director of budget and | 12285 |
| management, cancelling all contracts entered into before July 1, | 12286 |
| 2009, that are supported by noncapital funds. | 12287 |
| (E) Cooperatively purchasing supplies and services with other | 12288 |
| state agencies. | 12289 |
| (F) Using other state agencies to provide needed services. | 12290 |
| (G) Purchasing equipment and furniture in compliance with any | 12291 |
| control-on-equipment directive issued by the office of budget and | 12292 |
| management. | 12293 |
| (H) Reducing parking expenses, including expenses for | 12294 |
| purchased and leased spaces for state agency employees, spaces for | 12295 |
| fleet vehicles, and spaces and parking reimbursement for state | 12296 |
| agency employees on agency business. The spending plan shall | 12297 |
| include a review of a loss of efficiency or other benefits related | 12298 |
| to the reduction in parking expenses. | 12299 |
| By December 1, 2009, the director of budget and management | 12300 |
| shall issue guidance to each state agency on which spending plan | 12301 |
| strategies the agency is expected to implement for fiscal years | 12302 |
| 2010 and 2011. | 12303 |
| Sec. 126.502. By the first day of February of each | 12304 |
| odd-numbered year, beginning in 2011, the director of each state | 12305 |
| agency shall submit to the general assembly and the director of | 12306 |
| budget and management a spending plan for purchasing supplies and | 12307 |
| services for the following two fiscal years. Each spending plan | 12308 |
| shall address any potential savings, lack of savings, or costs | 12309 |
| that may be realized by each of the strategies enumerated in | 12310 |
| section 126.501 of the Revised Code. | 12311 |
| By the first day of March of each odd-numbered year, | 12312 |
| beginning in 2011, the director of budget and management shall | 12313 |
| issue guidance to each state agency on which spending plan | 12314 |
| strategies the agency is expected to implement for the following | 12315 |
| two fiscal years. | 12316 |
| Sec. 126.503. All state agencies shall control nonessential | 12317 |
| travel expenses by doing all of the following: | 12318 |
| (A) Complying with any travel directives issued by the | 12319 |
| director of budget and management; | 12320 |
| (B) Reducing the mileage reimbursement rate for collective | 12321 |
| bargaining unit employees to ten cents below the rate set for | 12322 |
| state agency employees by rule of the director of budget and | 12323 |
| management under division (B) of section 126.31 of the Revised | 12324 |
| Code; | 12325 |
| (C) Using, when possible, the online travel authorization and | 12326 |
| expense reimbursement process; | 12327 |
| (D) Conducting meetings, whenever possible and in compliance | 12328 |
| with section 121.22 of the Revised Code, using conference calls, | 12329 |
| teleconferences, webinars, or other technology tools; | 12330 |
| (E) Using fleet vehicles for official state travel whenever | 12331 |
| possible; and | 12332 |
| (F) Limiting mileage reimbursement to four thousand miles per | 12333 |
| year for each state agency employee. | 12334 |
| The director of budget and management shall not reimburse any | 12335 |
| state agency employee for unauthorized travel expenses. | 12336 |
| Sec. 126.504. (A) Each state agency shall use the | 12337 |
| interoffice mailing service provided by the department of | 12338 |
| administrative services for all mail deliveries to other state | 12339 |
| agencies located within a reasonable distance. | 12340 |
| (B) By October 1, 2009, each state agency shall direct all | 12341 |
| major printing, copying, mail preparation, and related services | 12342 |
| through the department of administrative services and shall | 12343 |
| eliminate any internal operations providing those services. | 12344 |
| Sec. 126.505. (A) Each state agency shall comply with any | 12345 |
| purchasing standardization and strategic sourcing policy | 12346 |
| directives issued by the director of administrative services. | 12347 |
| (B) Each state agency shall comply with any | 12348 |
| control-on-equipment directives issued by the director of budget | 12349 |
| and management. The director shall issue and revise as necessary | 12350 |
| control-on-equipment directives that apply to all furniture and | 12351 |
| equipment purchases. | 12352 |
| Sec. 126.506. (A) Each state agency shall participate in | 12353 |
| information technology consolidation projects implemented by the | 12354 |
| state chief information officer under section 125.18 of the | 12355 |
| Revised Code. | 12356 |
| (B) At the direction of and in the format specified by the | 12357 |
| director of administrative services, each state agency shall | 12358 |
| maintain a list of information technology assets possessed by the | 12359 |
| agency and associated costs related to those assets. | 12360 |
| Sec. 126.507. In consultation with the director of budget | 12361 |
| and management, the director of administrative services shall | 12362 |
| monitor the implementation of spending plan strategies by state | 12363 |
| agencies and shall report to the governor and the general assembly | 12364 |
| semiannually regarding the effectiveness of the implemented | 12365 |
| strategies and any unintended consequences of implemented | 12366 |
| strategies. The report to the general assembly shall be made under | 12367 |
| section 101.68 of the Revised Code. | 12368 |
| Sec. 127.16. (A) Upon the request of either a state agency | 12369 |
| or the director of budget and management and after the controlling | 12370 |
| board determines that an emergency or a sufficient economic reason | 12371 |
| exists, the controlling board may approve the making of a purchase | 12372 |
| without competitive selection as provided in division (B) of this | 12373 |
| section. | 12374 |
| (B) Except as otherwise provided in this section, no state | 12375 |
| agency, using money that has been appropriated to it directly, | 12376 |
| shall: | 12377 |
| (1) Make any purchase from a particular supplier, that would | 12378 |
| amount to fifty thousand dollars or more when combined with both | 12379 |
| the amount of all disbursements to the supplier during the fiscal | 12380 |
| year for purchases made by the agency and the amount of all | 12381 |
| outstanding encumbrances for purchases made by the agency from the | 12382 |
| supplier, unless the purchase is made by competitive selection or | 12383 |
| with the approval of the controlling board; | 12384 |
| (2) Lease real estate from a particular supplier, if the | 12385 |
| lease would amount to seventy-five thousand dollars or more when | 12386 |
| combined with both the amount of all disbursements to the supplier | 12387 |
| during the fiscal year for real estate leases made by the agency | 12388 |
| and the amount of all outstanding encumbrances for real estate | 12389 |
| leases made by the agency from the supplier, unless the lease is | 12390 |
| made by competitive selection or with the approval of the | 12391 |
| controlling board. | 12392 |
| (C) Any person who authorizes a purchase in violation of | 12393 |
| division (B) of this section shall be liable to the state for any | 12394 |
| state funds spent on the purchase, and the attorney general shall | 12395 |
| collect the amount from the person. | 12396 |
| (D) Nothing in division (B) of this section shall be | 12397 |
| construed as: | 12398 |
| (1) A limitation upon the authority of the director of | 12399 |
| transportation as granted in sections 5501.17, 5517.02, and | 12400 |
| 5525.14 of the Revised Code; | 12401 |
| (2) Applying to medicaid provider agreements under Chapter | 12402 |
| 5111. of the Revised Code or payments or provider agreements under | 12403 |
| the disability medical assistance program established under | 12404 |
| Chapter 5115. of the Revised Code; | 12405 |
| (3) Applying to the purchase of examinations from a sole | 12406 |
| supplier by a state licensing board under Title XLVII of the | 12407 |
| Revised Code; | 12408 |
| (4) Applying to entertainment contracts for the Ohio state | 12409 |
| fair entered into by the Ohio expositions commission, provided | 12410 |
| that the controlling board has given its approval to the | 12411 |
| commission to enter into such contracts and has approved a total | 12412 |
| budget amount for such contracts as agreed upon by commission | 12413 |
| action, and that the commission causes to be kept itemized records | 12414 |
| of the amounts of money spent under each contract and annually | 12415 |
| files those records with the clerk of the house of representatives | 12416 |
| and the clerk of the senate following the close of the fair; | 12417 |
| (5) Limiting the authority of the chief of the division of | 12418 |
| mineral resources management to contract for reclamation work with | 12419 |
| an operator mining adjacent land as provided in section 1513.27 of | 12420 |
| the Revised Code; | 12421 |
| (6) Applying to investment transactions and procedures of any | 12422 |
| state agency, except that the agency shall file with the board the | 12423 |
| name of any person with whom the agency contracts to make, broker, | 12424 |
| service, or otherwise manage its investments, as well as the | 12425 |
| commission, rate, or schedule of charges of such person with | 12426 |
| respect to any investment transactions to be undertaken on behalf | 12427 |
| of the agency. The filing shall be in a form and at such times as | 12428 |
| the board considers appropriate. | 12429 |
| (7) Applying to purchases made with money for the per cent | 12430 |
| for arts program established by section 3379.10 of the Revised | 12431 |
| Code; | 12432 |
| (8) Applying to purchases made by the rehabilitation services | 12433 |
| commission of services, or supplies, that are provided to persons | 12434 |
| with disabilities, or to purchases made by the commission in | 12435 |
| connection with the eligibility determinations it makes for | 12436 |
| applicants of programs administered by the social security | 12437 |
| administration; | 12438 |
| (9) Applying to payments by the department of job and family | 12439 |
| services under section 5111.13 of the Revised Code for group | 12440 |
| health plan premiums, deductibles, coinsurance, and other | 12441 |
| cost-sharing expenses; | 12442 |
| (10) Applying to any agency of the legislative branch of the | 12443 |
| state government; | 12444 |
| (11) Applying to agreements or contracts entered into under | 12445 |
| section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the | 12446 |
| Revised Code; | 12447 |
| (12) Applying to purchases of services by the adult parole | 12448 |
| authority under section 2967.14 of the Revised Code or by the | 12449 |
| department of youth services under section 5139.08 of the Revised | 12450 |
| Code; | 12451 |
| (13) Applying to dues or fees paid for membership in an | 12452 |
| organization or association; | 12453 |
| (14) Applying to purchases of utility services pursuant to | 12454 |
| section 9.30 of the Revised Code; | 12455 |
| (15) Applying to purchases made in accordance with rules | 12456 |
| adopted by the department of administrative services of motor | 12457 |
| vehicle, aviation, or watercraft fuel, or emergency repairs of | 12458 |
| such vehicles; | 12459 |
| (16) Applying to purchases of tickets for passenger air | 12460 |
| transportation; | 12461 |
| (17) Applying to purchases necessary to provide public | 12462 |
| notifications required by law or to provide notifications of job | 12463 |
| openings; | 12464 |
| (18) Applying to the judicial branch of state government; | 12465 |
| (19) Applying to purchases of liquor for resale by the | 12466 |
| division of liquor control; | 12467 |
| (20) Applying to purchases of motor courier and freight | 12468 |
| services made in accordance with department of administrative | 12469 |
| services rules; | 12470 |
| (21) Applying to purchases from the United States postal | 12471 |
| service and purchases of stamps and postal meter replenishment | 12472 |
| from vendors at rates established by the United States postal | 12473 |
| service; | 12474 |
| (22) Applying to purchases of books, periodicals, pamphlets, | 12475 |
| newspapers, maintenance subscriptions, and other published | 12476 |
| materials; | 12477 |
| (23) Applying to purchases from other state agencies, | 12478 |
| including state-assisted institutions of higher education; | 12479 |
| (24) Limiting the authority of the director of environmental | 12480 |
| protection to enter into contracts under division (D) of section | 12481 |
| 3745.14 of the Revised Code to conduct compliance reviews, as | 12482 |
| defined in division (A) of that section; | 12483 |
| (25) Applying to purchases from a qualified nonprofit agency | 12484 |
| pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of | 12485 |
| the Revised Code; | 12486 |
| (26) Applying to payments by the department of job and family | 12487 |
| services to the United States department of health and human | 12488 |
| services for printing and mailing notices pertaining to the tax | 12489 |
| refund offset program of the internal revenue service of the | 12490 |
| United States department of the treasury; | 12491 |
| (27) Applying to contracts entered into by the department of | 12492 |
| mental retardation and developmental disabilities under section | 12493 |
| 5123.18 of the Revised Code; | 12494 |
| (28) Applying to payments made by the department of mental | 12495 |
| health under a physician recruitment program authorized by section | 12496 |
| 5119.101 of the Revised Code; | 12497 |
| (29) Applying to contracts entered into with persons by the | 12498 |
| director of commerce for unclaimed funds collection and remittance | 12499 |
| efforts as provided in division (F) of section 169.03 of the | 12500 |
| Revised Code. The director shall keep an itemized accounting of | 12501 |
| unclaimed funds collected by those persons and amounts paid to | 12502 |
| them for their services. | 12503 |
| (30) Applying to purchases made by a state institution of | 12504 |
| higher education in accordance with the terms of a contract | 12505 |
| between the vendor and an inter-university purchasing group | 12506 |
| comprised of purchasing officers of state institutions of higher | 12507 |
| education; | 12508 |
| (31) Applying to the department of job and family services' | 12509 |
| purchases of health assistance services under the children's | 12510 |
| health insurance program part I provided for under section 5101.50 | 12511 |
| of the Revised Code, the children's health insurance program part | 12512 |
| II provided for under section 5101.51 of the Revised Code, or the | 12513 |
| children's health insurance program part III provided for under | 12514 |
| section 5101.52 of the Revised Code, or the children's buy-in | 12515 |
| program provided for under sections 5101.5211 to 5101.5216 of the | 12516 |
| Revised Code; | 12517 |
| (32) Applying to payments by the attorney general from the | 12518 |
| reparations fund to hospitals and other emergency medical | 12519 |
| facilities for performing medical examinations to collect physical | 12520 |
| evidence pursuant to section 2907.28 of the Revised Code; | 12521 |
| (33) Applying to contracts with a contracting authority or | 12522 |
| administrative receiver under division (B) of section 5126.056 of | 12523 |
| the Revised Code; | 12524 |
| (34) Applying to | 12525 |
| 12526 | |
| 12527 | |
| purchases of goods and services by the department of veterans | 12528 |
| services in accordance with the terms of contracts entered into by | 12529 |
| the United States department of veterans affairs; | 12530 |
| | 12531 |
| 12532 | |
| 12533 |
| | 12534 |
| bureau of criminal identification and investigation to the | 12535 |
| federal bureau of investigation for criminal records checks | 12536 |
| pursuant to section 109.572 of the Revised Code. | 12537 |
| (E) When determining whether a state agency has reached the | 12538 |
| cumulative purchase thresholds established in divisions (B)(1) and | 12539 |
| (2) of this section, all of the following purchases by such agency | 12540 |
| shall not be considered: | 12541 |
| (1) Purchases made through competitive selection or with | 12542 |
| controlling board approval; | 12543 |
| (2) Purchases listed in division (D) of this section; | 12544 |
| (3) For the purposes of the threshold of division (B)(1) of | 12545 |
| this section only, leases of real estate. | 12546 |
| (F) As used in this section, "competitive selection," | 12547 |
| "purchase," "supplies," and "services" have the same meanings as | 12548 |
| in section 125.01 of the Revised Code. | 12549 |
| Sec. 131.33. (A) No state agency shall incur an obligation | 12550 |
| which exceeds the agency's current appropriation authority. | 12551 |
| 12552 | |
| unexpended balances of appropriations shall, at the close of the | 12553 |
| period for which the appropriations are made, revert to the funds | 12554 |
| from which the appropriations were made, except that the director | 12555 |
| of budget and management shall transfer such unexpended balances | 12556 |
| from the first fiscal year to the second fiscal year of an | 12557 |
| agency's appropriations to the extent necessary for voided | 12558 |
| warrants to be reissued pursuant to division (C) of section | 12559 |
| 126.37 of the Revised Code. | 12560 |
| Except as provided in this section, appropriations made to a | 12561 |
| specific fiscal year shall be expended only to pay liabilities | 12562 |
| incurred within that fiscal year. | 12563 |
| (B) All payrolls shall be charged to the allotments of the | 12564 |
| fiscal quarters in which the applicable payroll vouchers are | 12565 |
| certified by the director of budget and management in accordance | 12566 |
|
with section
126.07 of the Revised Code. As used in this
| 12567 |
| division, "payrolls" means any payment made in accordance with | 12568 |
| section 125.21 of the Revised Code. | 12569 |
| (C) Legal liabilities from prior fiscal years for which there | 12570 |
| is no reappropriation authority shall be discharged from the | 12571 |
| unencumbered balances of current appropriations. | 12572 |
| (D)(1) Federal grant funds obligated by the department of job | 12573 |
| and family services for financial allocations to county family | 12574 |
| services agencies and local workforce investment boards may, at | 12575 |
| the discretion of the director of job and family services, be | 12576 |
| available for expenditure for the duration of the federal grant | 12577 |
| period of obligation and liquidation, as follows: | 12578 |
| (a) At the end of the state fiscal year, all unexpended | 12579 |
| county family services agency and local workforce investment board | 12580 |
| financial allocations obligated from federal grant funds may | 12581 |
| continue to be valid for expenditure during subsequent state | 12582 |
| fiscal years. | 12583 |
| (b) The financial allocations described in division (D)(1)(a) | 12584 |
| of this section shall be reconciled at the end of the federal | 12585 |
| grant period of availability or as required by federal law, | 12586 |
| regardless of the state fiscal year of the appropriation. | 12587 |
| (2) The director of job and family services may adopt rules | 12588 |
| in accordance with section 111.15 of the Revised Code, as if they | 12589 |
| were internal management rules, as necessary to implement division | 12590 |
| (D) of this section. | 12591 |
| (3) As used in division (D) of this section: | 12592 |
| (a) "County family services agency" has the same meaning as | 12593 |
| in section 307.981 of the Revised Code. | 12594 |
| (b) "Local workforce investment board" means a local | 12595 |
| workforce investment board established under section 117 of the | 12596 |
| "Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2832, | 12597 |
| as amended. | 12598 |
| Sec. 131.38. (A) As used in this section, "segregated | 12599 |
| custodial fund" means a fund of a state agency that is established | 12600 |
| by law that consists of moneys, claims, bonds, notes, other | 12601 |
| obligations, stocks, and other securities, receipts or other | 12602 |
| evidences of ownership, and other intangible assets that is | 12603 |
| neither required to be kept in the custody of the treasurer of | 12604 |
| state nor required to be part of the state treasury. | 12605 |
| (B) A state agency that possesses, controls, maintains, or | 12606 |
| holds a segregated custodial fund or otherwise evidences ownership | 12607 |
| of the contents of a segregated custodial fund shall provide to | 12608 |
| the director of budget and management a report related to such | 12609 |
| fund by the first day of May of each fiscal year. The report shall | 12610 |
| be in such form and contain such information as the director | 12611 |
| requires. | 12612 |
| Sec. 133.06. (A) A school district shall not incur, without | 12613 |
| a vote of the electors, net indebtedness that exceeds an amount | 12614 |
| equal to one-tenth of one per cent of its tax valuation, except as | 12615 |
| provided in divisions (G) and (H) of this section and in division | 12616 |
| (C) of section 3313.372 of the Revised Code, or as prescribed in | 12617 |
| section 3318.052 or 3318.44 of the Revised Code, or as provided in | 12618 |
| division (J) of this section. | 12619 |
| (B) Except as provided in divisions (E), (F), and (I) of this | 12620 |
| section, a school district shall not incur net indebtedness that | 12621 |
| exceeds an amount equal to nine per cent of its tax valuation. | 12622 |
| (C) A school district shall not submit to a vote of the | 12623 |
| electors the question of the issuance of securities in an amount | 12624 |
| that will make the district's net indebtedness after the issuance | 12625 |
| of the securities exceed an amount equal to four per cent of its | 12626 |
| tax valuation, unless the superintendent of public instruction, | 12627 |
| acting under policies adopted by the state board of education, and | 12628 |
| the tax commissioner, acting under written policies of the | 12629 |
| commissioner, consent to the submission. A request for the | 12630 |
| consents shall be made at least one hundred five days prior to the | 12631 |
| election at which the question is to be submitted. | 12632 |
| The superintendent of public instruction shall certify to the | 12633 |
| district the superintendent's and the tax commissioner's decisions | 12634 |
| within thirty days after receipt of the request for consents. | 12635 |
| If the electors do not approve the issuance of securities at | 12636 |
| the election for which the superintendent of public instruction | 12637 |
| and tax commissioner consented to the submission of the question, | 12638 |
| the school district may submit the same question to the electors | 12639 |
| on the date that the next special election may be held under | 12640 |
| section 3501.01 of the Revised Code without submitting a new | 12641 |
| request for consent. If the school district seeks to submit the | 12642 |
| same question at any other subsequent election, the district shall | 12643 |
| first submit a new request for consent in accordance with this | 12644 |
| division. | 12645 |
| (D) In calculating the net indebtedness of a school district, | 12646 |
| none of the following shall be considered: | 12647 |
| (1) Securities issued to acquire school buses and other | 12648 |
| equipment used in transporting pupils or issued pursuant to | 12649 |
| division (D) of section 133.10 of the Revised Code; | 12650 |
| (2) Securities issued under division (F) of this section, | 12651 |
| under section 133.301 of the Revised Code, and, to the extent in | 12652 |
| excess of the limitation stated in division (B) of this section, | 12653 |
| under division (E) of this section; | 12654 |
| (3) Indebtedness resulting from the dissolution of a joint | 12655 |
| vocational school district under section 3311.217 of the Revised | 12656 |
| Code, evidenced by outstanding securities of that joint vocational | 12657 |
| school district; | 12658 |
| (4) Loans, evidenced by any securities, received under | 12659 |
| sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the | 12660 |
| Revised Code; | 12661 |
| (5) Debt incurred under section 3313.374 of the Revised Code; | 12662 |
| (6) Debt incurred pursuant to division (B)(5) of section | 12663 |
| 3313.37 of the Revised Code to acquire computers and related | 12664 |
| hardware; | 12665 |
| (7) Debt incurred under section 3318.042 of the Revised Code. | 12666 |
| (E) A school district may become a special needs district as | 12667 |
| to certain securities as provided in division (E) of this section. | 12668 |
| (1) A board of education, by resolution, may declare its | 12669 |
| school district to be a special needs district by determining both | 12670 |
| of the following: | 12671 |
| (a) The student population is not being adequately serviced | 12672 |
| by the existing permanent improvements of the district. | 12673 |
| (b) The district cannot obtain sufficient funds by the | 12674 |
| issuance of securities within the limitation of division (B) of | 12675 |
| this section to provide additional or improved needed permanent | 12676 |
| improvements in time to meet the needs. | 12677 |
| (2) The board of education shall certify a copy of that | 12678 |
| resolution to the superintendent of public instruction with a | 12679 |
| statistical report showing all of the following: | 12680 |
| (a) A history of and a projection of the growth of the | 12681 |
| student population; | 12682 |
| (b) The history of and a projection of the growth of the tax | 12683 |
| valuation; | 12684 |
| (c) The projected needs; | 12685 |
| (d) The estimated cost of permanent improvements proposed to | 12686 |
| meet such projected needs. | 12687 |
| (3) The superintendent of public instruction shall certify | 12688 |
| the district as an approved special needs district if the | 12689 |
| superintendent finds both of the following: | 12690 |
| (a) The district does not have available sufficient | 12691 |
| additional funds from state or federal sources to meet the | 12692 |
| projected needs. | 12693 |
| (b) The projection of the potential average growth of tax | 12694 |
| valuation during the next five years, according to the information | 12695 |
| certified to the superintendent and any other information the | 12696 |
| superintendent obtains, indicates a likelihood of potential | 12697 |
| average growth of tax valuation of the district during the next | 12698 |
| five years of an average of not less than three per cent per year. | 12699 |
| The findings and certification of the superintendent shall be | 12700 |
| conclusive. | 12701 |
| (4) An approved special needs district may incur net | 12702 |
| indebtedness by the issuance of securities in accordance with the | 12703 |
| provisions of this chapter in an amount that does not exceed an | 12704 |
| amount equal to the greater of the following: | 12705 |
| (a) Nine per cent of the sum of its tax valuation plus an | 12706 |
| amount that is the product of multiplying that tax valuation by | 12707 |
| the percentage by which the tax valuation has increased over the | 12708 |
| tax valuation on the first day of the sixtieth month preceding the | 12709 |
| month in which its board determines to submit to the electors the | 12710 |
| question of issuing the proposed securities; | 12711 |
| (b) Nine per cent of the sum of its tax valuation plus an | 12712 |
| amount that is the product of multiplying that tax valuation by | 12713 |
| the percentage, determined by the superintendent of public | 12714 |
| instruction, by which that tax valuation is projected to increase | 12715 |
| during the next ten years. | 12716 |
| (F) A school district may issue securities for emergency | 12717 |
| purposes, in a principal amount that does not exceed an amount | 12718 |
| equal to three per cent of its tax valuation, as provided in this | 12719 |
| division. | 12720 |
| (1) A board of education, by resolution, may declare an | 12721 |
| emergency if it determines both of the following: | 12722 |
| (a) School buildings or other necessary school facilities in | 12723 |
| the district have been wholly or partially destroyed, or condemned | 12724 |
| by a constituted public authority, or that such buildings or | 12725 |
| facilities are partially constructed, or so constructed or planned | 12726 |
| as to require additions and improvements to them before the | 12727 |
| buildings or facilities are usable for their intended purpose, or | 12728 |
| that corrections to permanent improvements are necessary to remove | 12729 |
| or prevent health or safety hazards. | 12730 |
| (b) Existing fiscal and net indebtedness limitations make | 12731 |
| adequate replacement, additions, or improvements impossible. | 12732 |
| (2) Upon the declaration of an emergency, the board of | 12733 |
| education may, by resolution, submit to the electors of the | 12734 |
| district pursuant to section 133.18 of the Revised Code the | 12735 |
| question of issuing securities for the purpose of paying the cost, | 12736 |
| in excess of any insurance or condemnation proceeds received by | 12737 |
| the district, of permanent improvements to respond to the | 12738 |
| emergency need. | 12739 |
| (3) The procedures for the election shall be as provided in | 12740 |
| section 133.18 of the Revised Code, except that: | 12741 |
| (a) The form of the ballot shall describe the emergency | 12742 |
| existing, refer to this division as the authority under which the | 12743 |
| emergency is declared, and state that the amount of the proposed | 12744 |
| securities exceeds the limitations prescribed by division (B) of | 12745 |
| this section; | 12746 |
| (b) The resolution required by division (B) of section 133.18 | 12747 |
| of the Revised Code shall be certified to the county auditor and | 12748 |
| the board of elections at least seventy-five days prior to the | 12749 |
| election; | 12750 |
| (c) The county auditor shall advise and, not later than | 12751 |
| sixty-five days before the election, confirm that advice by | 12752 |
| certification to, the board of education of the information | 12753 |
| required by division (C) of section 133.18 of the Revised Code; | 12754 |
| (d) The board of education shall then certify its resolution | 12755 |
| and the information required by division (D) of section 133.18 of | 12756 |
| the Revised Code to the board of elections not less than sixty | 12757 |
| days prior to the election. | 12758 |
| (4) Notwithstanding division (B) of section 133.21 of the | 12759 |
| Revised Code, the first principal payment of securities issued | 12760 |
| under this division may be set at any date not later than sixty | 12761 |
| months after the earliest possible principal payment otherwise | 12762 |
| provided for in that division. | 12763 |
| (G) The board of education may contract with an architect, | 12764 |
| professional engineer, or other person experienced in the design | 12765 |
| and implementation of energy conservation measures for an analysis | 12766 |
| and recommendations pertaining to installations, modifications of | 12767 |
| installations, or remodeling that would significantly reduce | 12768 |
| energy consumption in buildings owned by the district. The report | 12769 |
| shall include estimates of all costs of such installations, | 12770 |
| modifications, or remodeling, including costs of design, | 12771 |
| engineering, installation, maintenance, repairs, and debt service, | 12772 |
| and estimates of the amounts by which energy consumption and | 12773 |
| resultant operational and maintenance costs, as defined by the | 12774 |
| Ohio school facilities commission, would be reduced. | 12775 |
| If the board finds after receiving the report that the amount | 12776 |
| of money the district would spend on such installations, | 12777 |
| modifications, or remodeling is not likely to exceed the amount of | 12778 |
| money it would save in energy and resultant operational and | 12779 |
| maintenance costs over the ensuing fifteen years, the board may | 12780 |
| submit to the commission a copy of its findings and a request for | 12781 |
| approval to incur indebtedness to finance the making or | 12782 |
| modification of installations or the remodeling of buildings for | 12783 |
| the purpose of significantly reducing energy consumption. | 12784 |
| If the commission determines that the board's findings are | 12785 |
| reasonable, it shall approve the board's request. Upon receipt of | 12786 |
| the commission's approval, the district may issue securities | 12787 |
| without a vote of the electors in a principal amount not to exceed | 12788 |
| nine-tenths of one per cent of its tax valuation for the purpose | 12789 |
| of making such installations, modifications, or remodeling, but | 12790 |
| the total net indebtedness of the district without a vote of the | 12791 |
| electors incurred under this and all other sections of the Revised | 12792 |
| Code, except section 3318.052 of the Revised Code, shall not | 12793 |
| exceed one per cent of the district's tax valuation. | 12794 |
| So long as any securities issued under division (G) of this | 12795 |
| section remain outstanding, the board of education shall monitor | 12796 |
| the energy consumption and resultant operational and maintenance | 12797 |
| costs of buildings in which installations or modifications have | 12798 |
| been made or remodeling has been done pursuant to division (G) of | 12799 |
| this section and shall maintain and annually update a report | 12800 |
| documenting the reductions in energy consumption and resultant | 12801 |
| operational and maintenance cost savings attributable to such | 12802 |
| installations, modifications, or remodeling. The report shall be | 12803 |
| certified by an architect or engineer independent of any person | 12804 |
| that provided goods or services to the board in connection with | 12805 |
| the energy conservation measures that are the subject of the | 12806 |
| report. The resultant operational and maintenance cost savings | 12807 |
| shall be certified by the school district treasurer. The report | 12808 |
| shall be made available to the commission upon request. | 12809 |
| (H) With the consent of the superintendent of public | 12810 |
| instruction, a school district may incur without a vote of the | 12811 |
| electors net indebtedness that exceeds the amounts stated in | 12812 |
| divisions (A) and (G) of this section for the purpose of paying | 12813 |
| costs of permanent improvements, if and to the extent that both of | 12814 |
| the following conditions are satisfied: | 12815 |
| (1) The fiscal officer of the school district estimates that | 12816 |
| receipts of the school district from payments made under or | 12817 |
| pursuant to agreements entered into pursuant to section 725.02, | 12818 |
| 1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62, | 12819 |
| 5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised | 12820 |
| Code, or distributions under division (C) of section 5709.43 of | 12821 |
| the Revised Code, or any combination thereof, are, after | 12822 |
| accounting for any appropriate coverage requirements, sufficient | 12823 |
| in time and amount, and are committed by the proceedings, to pay | 12824 |
| the debt charges on the securities issued to evidence that | 12825 |
| indebtedness and payable from those receipts, and the taxing | 12826 |
| authority of the district confirms the fiscal officer's estimate, | 12827 |
| which confirmation is approved by the superintendent of public | 12828 |
| instruction; | 12829 |
| (2) The fiscal officer of the school district certifies, and | 12830 |
| the taxing authority of the district confirms, that the district, | 12831 |
| at the time of the certification and confirmation, reasonably | 12832 |
| expects to have sufficient revenue available for the purpose of | 12833 |
| operating such permanent improvements for their intended purpose | 12834 |
| upon acquisition or completion thereof, and the superintendent of | 12835 |
| public instruction approves the taxing authority's confirmation. | 12836 |
| The maximum maturity of securities issued under division (H) | 12837 |
| of this section shall be the lesser of twenty years or the maximum | 12838 |
| maturity calculated under section 133.20 of the Revised Code. | 12839 |
| (I) A school district may incur net indebtedness by the | 12840 |
| issuance of securities in accordance with the provisions of this | 12841 |
| chapter in excess of the limit specified in division (B) or (C) of | 12842 |
| this section when necessary to raise the school district portion | 12843 |
| of the basic project cost and any additional funds necessary to | 12844 |
| participate in a project under Chapter 3318. of the Revised Code, | 12845 |
| including the cost of items designated by the Ohio school | 12846 |
| facilities commission as required locally funded initiatives and | 12847 |
| the cost for site acquisition. The school facilities commission | 12848 |
| shall notify the superintendent of public instruction whenever a | 12849 |
| school district will exceed either limit pursuant to this | 12850 |
| division. | 12851 |
| (J) A school district whose portion of the basic project cost | 12852 |
| of its classroom facilities project under sections 3318.01 to | 12853 |
| 3318.20 of the Revised Code is greater than or equal to one | 12854 |
| hundred million dollars may incur without a vote of the electors | 12855 |
| net indebtedness in an amount up to two per cent of its tax | 12856 |
| valuation through the issuance of general obligation securities in | 12857 |
| order to generate all or part of the amount of its portion of the | 12858 |
| basic project cost if the controlling board has approved the | 12859 |
| school facilities commission's conditional approval of the project | 12860 |
| under section 3318.04 of the Revised Code. The school district | 12861 |
| board and the Ohio school facilities commission shall include the | 12862 |
| dedication of the proceeds of such securities in the agreement | 12863 |
| entered into under section 3318.08 of the Revised Code. No state | 12864 |
| moneys shall be released for a project to which this section | 12865 |
| applies until the proceeds of any bonds issued under this section | 12866 |
| that are dedicated for the payment of the school district portion | 12867 |
| of the project are first deposited into the school district's | 12868 |
| project construction fund. | 12869 |
| Sec. 133.20. (A) This section applies to bonds that are | 12870 |
| general obligation Chapter 133. securities. If the bonds are | 12871 |
| payable as to principal by provision for annual installments, the | 12872 |
| period of limitations on their last maturity, referred to as their | 12873 |
| maximum maturity, shall be measured from a date twelve months | 12874 |
| prior to the first date on which provision for payment of | 12875 |
| principal is made. If the bonds are payable as to principal by | 12876 |
| provision for semiannual installments, the period of limitations | 12877 |
| on their last maturity shall be measured from a date six months | 12878 |
| prior to the first date on which provision for payment of | 12879 |
| principal is made. | 12880 |
| (B) Bonds issued for the following permanent improvements or | 12881 |
| for permanent improvements for the following purposes shall have | 12882 |
| maximum maturities not exceeding the number of years stated: | 12883 |
| (1) Fifty years: | 12884 |
| (a) The clearance and preparation of real property for | 12885 |
| redevelopment as an urban redevelopment project; | 12886 |
| (b) Acquiring, constructing, widening, relocating, enlarging, | 12887 |
| extending, and improving a publicly owned railroad or line of | 12888 |
| railway or a light or heavy rail rapid transit system, including | 12889 |
| related bridges, overpasses, underpasses, and tunnels, but not | 12890 |
| including rolling stock or equipment; | 12891 |
| (c) Pursuant to section 307.675 of the Revised Code, | 12892 |
| constructing or repairing a bridge using long life expectancy | 12893 |
| material for the bridge deck, and purchasing, installing, and | 12894 |
| maintaining any performance equipment to monitor the physical | 12895 |
| condition of a bridge so constructed or repaired. Additionally, | 12896 |
| the average maturity of the bonds shall not exceed the expected | 12897 |
| useful life of the bridge deck as determined by the county | 12898 |
| engineer under that section. | 12899 |
| (2) Forty years: | 12900 |
| (a) General waterworks or water system permanent | 12901 |
| improvements, including buildings, water mains, or other | 12902 |
| structures and facilities in connection therewith; | 12903 |
| (b) Sewers or sewage treatment or disposal works or | 12904 |
| facilities, including fireproof buildings or other structures in | 12905 |
| connection therewith; | 12906 |
| (c) Storm water drainage, surface water, and flood prevention | 12907 |
| facilities. | 12908 |
| (3) Thirty-five years: | 12909 |
| (a) An arena, a convention center, or a combination of an | 12910 |
| arena and convention center under section 307.695 of the Revised | 12911 |
| Code; | 12912 |
| (b) Sports facilities. | 12913 |
| (4) Thirty years: | 12914 |
| (a) Municipal recreation, excluding recreational equipment; | 12915 |
| (b) Urban redevelopment projects; | 12916 |
| (c) Acquisition of real property, except as provided in | 12917 |
| division (D) of this section; | 12918 |
| (d) Street or alley lighting purposes or relocating overhead | 12919 |
| wires, cables, and appurtenant equipment underground. | 12920 |
| (5) Twenty years: constructing, reconstructing, widening, | 12921 |
| opening, improving, grading, draining, paving, extending, or | 12922 |
| changing the line of roads, highways, expressways, freeways, | 12923 |
| streets, sidewalks, alleys, or curbs and gutters, and related | 12924 |
| bridges, viaducts, overpasses, underpasses, grade crossing | 12925 |
| eliminations, service and access highways, and tunnels. | 12926 |
| (6) Fifteen years: | 12927 |
| (a) Resurfacing roads, highways, streets, or alleys; | 12928 |
| (b) Alarm, telegraph, or other communications systems for | 12929 |
| police or fire departments or other emergency services; | 12930 |
| (c) Passenger buses used for mass transportation; | 12931 |
| (d) Energy conservation measures as authorized by section | 12932 |
| 133.06 of the Revised Code. | 12933 |
| (7) Ten years: | 12934 |
| (a) Water meters; | 12935 |
| (b) Fire department apparatus and equipment; | 12936 |
| (c) Road rollers and other road construction and servicing | 12937 |
| vehicles; | 12938 |
| (d) Furniture, equipment, and furnishings; | 12939 |
| (e) Landscape planting and other site improvements; | 12940 |
| (f) Playground, athletic, and recreational equipment and | 12941 |
| apparatus; | 12942 |
| (g) Energy conservation measures as authorized by section | 12943 |
| 505.264 of the Revised Code. | 12944 |
| (8) Five years: New motor vehicles other than those described | 12945 |
| in any other division of this section and those for which | 12946 |
| provision is made in other provisions of the Revised Code. | 12947 |
| (C) Bonds issued for any permanent improvements not within | 12948 |
| the categories set forth in division (B) of this section shall | 12949 |
| have maximum maturities of from five to thirty years as the fiscal | 12950 |
| officer estimates is the estimated life or period of usefulness of | 12951 |
| those permanent improvements. Bonds issued under section 133.51 of | 12952 |
| the Revised Code for purposes other than permanent improvements | 12953 |
| shall have the maturities, not to exceed forty years, that the | 12954 |
| taxing authority shall specify. Bonds issued for energy | 12955 |
| conservation measures under section 307.041 of the Revised Code | 12956 |
| shall have maximum maturities not exceeding the lesser of the | 12957 |
| average life of the energy conservation measures as detailed in | 12958 |
| the energy conservation report prepared under that section or | 12959 |
| thirty years. | 12960 |
| (D) Securities issued under section 505.265 of the Revised | 12961 |
| Code shall mature not later than December 31, 2035. | 12962 |
| (E) A securities issue for one purpose may include permanent | 12963 |
| improvements within two or more categories under divisions (B) and | 12964 |
| (C) of this section. The maximum maturity of such a bond issue | 12965 |
| shall not exceed the average number of years of life or period of | 12966 |
| usefulness of the permanent improvements as measured by the | 12967 |
| weighted average of the amounts expended or proposed to be | 12968 |
| expended for the categories of permanent improvements. | 12969 |
| (F) Securities issued by a school district to acquire or | 12970 |
| construct real property shall have a maximum maturity longer than | 12971 |
| thirty years, but not longer than forty years, if the school | 12972 |
| district's fiscal officer estimates the real property's useful | 12973 |
| life to be longer than thirty years, and certifies that estimate | 12974 |
| to the board of education. | 12975 |
| Sec. 135.03. Any national bank, any bank doing business | 12976 |
| under authority granted by the superintendent of financial | 12977 |
| institutions, or any bank doing business under authority granted | 12978 |
| by the regulatory authority of another state of the United States, | 12979 |
|
located in this state | 12980 |
| 12981 | |
| 12982 | |
| depository, subject to sections 135.01 to 135.21 of the Revised | 12983 |
| Code. No bank shall receive or have on deposit at any one time | 12984 |
| public moneys, including public moneys as defined in section | 12985 |
| 135.31 of the Revised Code, in an aggregate amount in excess of | 12986 |
| thirty per cent of its total assets, as shown in its latest | 12987 |
|
report to the
| 12988 |
| comptroller of the currency, the superintendent of financial | 12989 |
| institutions, the federal deposit insurance corporation, or the | 12990 |
| board of governors of the federal reserve system. | 12991 |
| Any | 12992 |
| 12993 | |
| 12994 | |
| loan association or savings bank doing business under authority | 12995 |
| granted by the superintendent of financial institutions, or any | 12996 |
| savings and loan association or savings bank doing business under | 12997 |
| authority granted by the regulatory authority of another state of | 12998 |
| the United States, located in this state, and authorized to accept | 12999 |
| deposits is eligible to become a public depository, subject to | 13000 |
|
sections
135.01 to 135.21
of the Revised Code. No
| 13001 |
| savings association, savings and loan association, or savings bank | 13002 |
| shall receive or have on deposit at any one time public moneys, | 13003 |
| including public moneys as defined in section 135.31 of the | 13004 |
| Revised Code, in an aggregate amount in excess of thirty per cent | 13005 |
| of its total assets, as shown in its latest report to the | 13006 |
| 13007 | |
| 13008 | |
| financial institutions, the federal deposit insurance corporation, | 13009 |
| or the board of governors of the federal reserve system. | 13010 |
| Sec. 135.06. Each eligible institution desiring to be a | 13011 |
| public depository of the inactive deposits of the public moneys of | 13012 |
| the state or of the inactive deposits of the public moneys of the | 13013 |
| subdivision shall, not more than thirty days prior to the date | 13014 |
| fixed by section 135.12 of the Revised Code for the designation of | 13015 |
| such public depositories, make application therefor in writing to | 13016 |
| the proper governing board. Such application shall specify the | 13017 |
| maximum amount of such public moneys which the applicant desires | 13018 |
| to receive and have on deposit as an inactive deposit at any one | 13019 |
|
time during the period covered
by the designation, provided that | 13020 |
| 13021 | |
| thirty per cent of its total assets as revealed by its latest | 13022 |
|
report to the
superintendent of | 13023 |
|
the comptroller of the currency, | 13024 |
| 13025 | |
| 13026 | |
| 13027 | |
| 13028 | |
| thrift supervision, the federal deposit insurance corporation, or | 13029 |
| the board of governors of the federal reserve system, and the | 13030 |
|
rate of interest which the
applicant | 13031 |
| 13032 | |
| limitations of sections 135.01 to 135.21 of the Revised Code. | 13033 |
| Each application shall be accompanied by a financial statement of | 13034 |
| the applicant, under oath of its cashier, treasurer, or other | 13035 |
| officer, in such detail as to show the capital funds of the | 13036 |
| applicant, as of the date of its latest report to the | 13037 |
|
superintendent | 13038 |
| 13039 | |
| institutions, the comptroller of the currency, the office of | 13040 |
| thrift supervision, the federal deposit insurance corporation, or | 13041 |
| the board of governors of the federal reserve system, and adjusted | 13042 |
| to show any changes therein made prior to the date of the | 13043 |
| application. Such application may be combined with an application | 13044 |
| for designation as a public depository of active deposits, interim | 13045 |
| deposits, or both. | 13046 |
| Sec. 135.08. Each eligible institution desiring to be a | 13047 |
| public depository of interim deposits of the public moneys of the | 13048 |
| state or of the interim deposits of the public moneys of the | 13049 |
| subdivision shall, not more than thirty days prior to the date | 13050 |
| fixed by section 135.12 of the Revised Code for the designation of | 13051 |
| public depositories, make application therefor in writing to the | 13052 |
| proper governing board. Such application shall specify the maximum | 13053 |
| amount of such public moneys which the applicant desires to | 13054 |
| receive and have on deposit as interim deposits at any one time | 13055 |
|
during the period covered by the designation, provided that | 13056 |
| 13057 | |
| per cent of its total assets as revealed by its latest report to | 13058 |
|
the superintendent of | 13059 |
|
comptroller of the
currency, | 13060 |
| 13061 | |
| 13062 | |
| 13063 | |
| 13064 | |
| thrift supervision, the federal deposit insurance corporation, or | 13065 |
| the board of governors of the federal reserve system, and the rate | 13066 |
|
of interest which the
applicant | 13067 |
| 13068 | |
| limitations of sections 135.01 to 135.21 of the Revised Code. | 13069 |
| Each application shall be accompanied by a financial | 13070 |
| statement of the applicant, under oath of its cashier, treasurer, | 13071 |
| or other officer, in such detail as to show the capital funds of | 13072 |
| the applicant, as of the date of its latest report to the | 13073 |
|
superintendent of | 13074 |
| 13075 | |
| institutions, the comptroller of the currency, the office of | 13076 |
| thrift supervision, the federal deposit insurance corporation, or | 13077 |
| the board of governors of the federal reserve system, and adjusted | 13078 |
| to show any changes therein made prior to the date of the | 13079 |
| application. Such application may be combined with an application | 13080 |
| for designation as a public depository of inactive deposits, | 13081 |
| active deposits, or both. | 13082 |
| Sec. 135.32. (A) Any national bank, any bank doing business | 13083 |
| under authority granted by the superintendent of financial | 13084 |
| institutions, or any bank doing business under authority granted | 13085 |
| by the regulatory authority of another state of the United States, | 13086 |
|
located in this state
| 13087 |
| 13088 | |
| 13089 | |
| depository, subject to sections 135.31 to 135.40 of the Revised | 13090 |
| Code. No bank shall receive or have on deposit at any one time | 13091 |
| public moneys, including public moneys as defined in section | 13092 |
| 135.01 of the Revised Code, in an aggregate amount in excess of | 13093 |
| thirty per cent of its total assets, as shown in its latest | 13094 |
|
report to the
| 13095 |
| comptroller of the currency, the superintendent of financial | 13096 |
| institutions, the federal deposit insurance corporation, or the | 13097 |
| board of governors of the federal reserve system. | 13098 |
| (B) Any | 13099 |
| 13100 | |
| 13101 | |
| savings and loan association or savings bank doing business under | 13102 |
| authority granted by the superintendent of financial institutions, | 13103 |
| or any savings and loan association or savings bank doing business | 13104 |
| under authority granted by the regulatory authority of another | 13105 |
| state of the United States, located in this state, and authorized | 13106 |
| to accept deposits is eligible to become a public depository, | 13107 |
| subject to sections 135.31 to 135.40 of the Revised Code. No | 13108 |
| 13109 | |
| savings bank shall receive or have on deposit at any one time | 13110 |
| public moneys, including public moneys as defined in section | 13111 |
| 135.01 of the Revised Code, in an aggregate amount in excess of | 13112 |
| thirty per cent of its total assets, as shown in its latest | 13113 |
|
report to
| 13114 |
| 13115 | |
| superintendent of financial institutions, the federal deposit | 13116 |
| insurance corporation, or the board of governors of the federal | 13117 |
| reserve system. | 13118 |
| Sec. 141.04. (A) The annual salaries of the chief justice of | 13119 |
| the supreme court and of the justices and judges named in this | 13120 |
| section payable from the state treasury are as follows, rounded to | 13121 |
| the nearest fifty dollars: | 13122 |
| (1) For the chief justice of the supreme court, the following | 13123 |
| amounts effective in the following years: | 13124 |
| (a) Beginning January 1, 2000, one hundred twenty-four | 13125 |
| thousand nine hundred dollars; | 13126 |
| (b) Beginning January 1, 2001, one hundred twenty-eight | 13127 |
| thousand six hundred fifty dollars; | 13128 |
| (c) After 2001, the amount determined under division (E)(1) | 13129 |
| of this section. | 13130 |
| (2) For the justices of the supreme court, the following | 13131 |
| amounts effective in the following years: | 13132 |
| (a) Beginning January 1, 2000, one hundred seventeen thousand | 13133 |
| two hundred fifty dollars; | 13134 |
| (b) Beginning January 1, 2001, one hundred twenty thousand | 13135 |
| seven hundred fifty dollars; | 13136 |
| (c) After 2001, the amount determined under division (E)(1) | 13137 |
| of this section. | 13138 |
| (3) For the judges of the courts of appeals, the following | 13139 |
| amounts effective in the following years: | 13140 |
| (a) Beginning January 1, 2000, one hundred nine thousand two | 13141 |
| hundred fifty dollars; | 13142 |
| (b) Beginning January 1, 2001, one hundred twelve thousand | 13143 |
| five hundred fifty dollars; | 13144 |
| (c) After 2001, the amount determined under division (E)(1) | 13145 |
| of this section. | 13146 |
| (4) For the judges of the courts of common pleas, the | 13147 |
| following amounts effective in the following years: | 13148 |
| (a) Beginning January 1, 2000, one hundred thousand five | 13149 |
| hundred dollars, reduced by an amount equal to the annual | 13150 |
| compensation paid to that judge from the county treasury pursuant | 13151 |
| to section 141.05 of the Revised Code; | 13152 |
| (b) Beginning January 1, 2001, one hundred three thousand | 13153 |
| five hundred dollars, reduced by an amount equal to the annual | 13154 |
| compensation paid to that judge from the county treasury pursuant | 13155 |
| to section 141.05 of the Revised Code; | 13156 |
| (c) After 2001, the aggregate annual salary amount determined | 13157 |
| under division (E)(2) of this section reduced by an amount equal | 13158 |
| to the annual compensation paid to that judge from the county | 13159 |
| treasury pursuant to section 141.05 of the Revised Code. | 13160 |
| (5) For the full-time judges of a municipal court or the | 13161 |
| part-time judges of a municipal court of a territory having a | 13162 |
| population of more than fifty thousand, the following amounts | 13163 |
| effective in the following years, which amounts shall be in | 13164 |
| addition to all amounts received pursuant to divisions (B)(1)(a) | 13165 |
| and (2) of section 1901.11 of the Revised Code from municipal | 13166 |
| corporations and counties: | 13167 |
| (a) Beginning January 1, 2000, thirty-two thousand six | 13168 |
| hundred fifty dollars; | 13169 |
| (b) Beginning January 1, 2001, thirty-five thousand five | 13170 |
| hundred dollars; | 13171 |
| (c) After 2001, the amount determined under division (E)(3) | 13172 |
| of this section. | 13173 |
| (6) For judges of a municipal court designated as part-time | 13174 |
| judges by section 1901.08 of the Revised Code, other than | 13175 |
| part-time judges to whom division (A)(5) of this section applies, | 13176 |
| and for judges of a county court, the following amounts effective | 13177 |
| in the following years, which amounts shall be in addition to any | 13178 |
| amounts received pursuant to division (A) of section 1901.11 of | 13179 |
| the Revised Code from municipal corporations and counties or | 13180 |
| pursuant to division (A) of section 1907.16 of the Revised Code | 13181 |
| from counties: | 13182 |
| (a) Beginning January 1, 2000, eighteen thousand eight | 13183 |
| hundred dollars; | 13184 |
| (b) Beginning January 1, 2001, twenty thousand four hundred | 13185 |
| fifty dollars; | 13186 |
| (c) After 2001, the amount determined under division (E)(4) | 13187 |
| of this section. | 13188 |
| (B) Except as provided in section 1901.121 of the Revised | 13189 |
| Code, except as otherwise provided in this division, and except | 13190 |
| for the compensation to which the judges described in division | 13191 |
| (A)(5) of this section are entitled pursuant to divisions | 13192 |
| (B)(1)(a) and (2) of section 1901.11 of the Revised Code, the | 13193 |
| annual salary of the chief justice of the supreme court and of | 13194 |
| each justice or judge listed in division (A) of this section shall | 13195 |
| be paid in equal monthly installments from the state treasury. If | 13196 |
| the chief justice of the supreme court or any justice or judge | 13197 |
| listed in division (A)(2), (3), or (4) of this section delivers a | 13198 |
| written request to be paid biweekly to the administrative director | 13199 |
| of the supreme court prior to the first day of January of any | 13200 |
| year, the annual salary of the chief justice or the justice or | 13201 |
| judge that is listed in division (A)(2), (3), or (4) of this | 13202 |
| section shall be paid, during the year immediately following the | 13203 |
| year in which the request is delivered to the administrative | 13204 |
| director of the supreme court, biweekly from the state treasury. | 13205 |
| (C) Upon the death of the chief justice or a justice of the | 13206 |
| supreme court during that person's term of office, an amount shall | 13207 |
| be paid in accordance with section 2113.04 of the Revised Code, or | 13208 |
| to that person's estate. The amount shall equal the amount of the | 13209 |
| salary that the chief justice or justice would have received | 13210 |
| during the remainder of the unexpired term or an amount equal to | 13211 |
| the salary of office for two years, whichever is less. | 13212 |
| (D) Neither the chief justice of the supreme court nor any | 13213 |
| justice or judge of the supreme court, the court of appeals, the | 13214 |
| court of common pleas, or the probate court shall hold any other | 13215 |
| office of trust or profit under the authority of this state or the | 13216 |
| United States. | 13217 |
| (E)(1) Each | 13218 |
| salaries of the chief justice of the supreme court and of the | 13219 |
| justices and judges named in divisions (A)(2) and (3) of this | 13220 |
| section shall be increased by an amount equal to the adjustment | 13221 |
| percentage for that year multiplied by the compensation paid the | 13222 |
| preceding year pursuant to division (A)(1), (2), or (3) of this | 13223 |
| section. | 13224 |
| (2) Each | 13225 |
| annual salary payable under division (A)(4) of this section to the | 13226 |
| judges named in that division shall be increased by an amount | 13227 |
| equal to the adjustment percentage for that year multiplied by the | 13228 |
| aggregate compensation paid the preceding year pursuant to | 13229 |
| division (A)(4) of this section and section 141.05 of the Revised | 13230 |
| Code. | 13231 |
| (3) Each | 13232 |
| payable from the state treasury under division (A)(5) of this | 13233 |
| section to the judges named in that division shall be increased by | 13234 |
| an amount equal to the adjustment percentage for that year | 13235 |
| multiplied by the aggregate compensation paid the preceding year | 13236 |
| pursuant to division (A)(5) of this section and division (B)(1)(a) | 13237 |
| of section 1901.11 of the Revised Code. | 13238 |
| (4) Each | 13239 |
| payable from the state treasury under division (A)(6) of this | 13240 |
| section to the judges named in that division shall be increased by | 13241 |
| an amount equal to the adjustment percentage for that year | 13242 |
| multiplied by the aggregate compensation paid the preceding year | 13243 |
| pursuant to division (A)(6) of this section and division (A) of | 13244 |
| section 1901.11 of the Revised Code from municipal corporations | 13245 |
| and counties or division (A) of section 1907.16 of the Revised | 13246 |
| Code from counties. | 13247 |
| (F) In addition to the salaries payable pursuant to this | 13248 |
| section, the chief justice of the supreme court and the justices | 13249 |
| of the supreme court shall be entitled to a vehicle allowance of | 13250 |
| five hundred dollars per month, payable from the state treasury. | 13251 |
| The allowance shall be increased on the first day of January of | 13252 |
| each odd numbered year by an amount equal to the percentage | 13253 |
| increase, if any, in the consumer price index for the immediately | 13254 |
| preceding twenty-four month period for which information is | 13255 |
| available. | 13256 |
| (G) As used in this section: | 13257 |
| (1) The "adjustment percentage" for a year is the lesser of | 13258 |
| the following: | 13259 |
| (a) Three per cent; | 13260 |
| (b) The percentage increase, if any, in the consumer price | 13261 |
| index over the twelve-month period that ends on the thirtieth day | 13262 |
| of September of the immediately preceding year, rounded to the | 13263 |
| nearest one-tenth of one per cent. | 13264 |
| (2) "Consumer price index" has the same meaning as in section | 13265 |
| 101.27 of the Revised Code. | 13266 |
| (3) "Salary" does not include any portion of the cost, | 13267 |
| premium, or charge for health, medical, hospital, dental, or | 13268 |
| surgical benefits, or any combination of those benefits, covering | 13269 |
| the chief justice of the supreme court or a justice or judge named | 13270 |
| in this section and paid on the chief justice's or the justice's | 13271 |
| or judge's behalf by a governmental entity. | 13272 |
| Sec. 145.012. (A) "Public employee," as defined in division | 13273 |
| (A) of section 145.01 of the Revised Code, does not include any | 13274 |
| person: | 13275 |
| (1) Who is employed by a private, temporary-help service and | 13276 |
| performs services under the direction of a public employer or is | 13277 |
| employed on a contractual basis as an independent contractor under | 13278 |
| a personal service contract with a public employer; | 13279 |
| (2) Who is an emergency employee serving on a temporary basis | 13280 |
| in case of fire, snow, earthquake, flood, or other similar | 13281 |
| emergency; | 13282 |
| (3) Who is employed in a program established pursuant to the | 13283 |
| "Job Training Partnership Act," 96 Stat. 1322 (1982), 29 U.S.C.A. | 13284 |
| 1501; | 13285 |
| (4) Who is an appointed member of either the motor vehicle | 13286 |
| salvage dealers board or the motor vehicle dealer's board whose | 13287 |
| rate and method of payment are determined pursuant to division (J) | 13288 |
| of section 124.15 of the Revised Code; | 13289 |
| (5) Who is employed as an election worker and paid less than | 13290 |
| five hundred dollars per calendar year for that service; | 13291 |
| (6) Who is employed as a firefighter in a position requiring | 13292 |
| satisfactory completion of a firefighter training course approved | 13293 |
| under former section 3303.07 or section 4765.55 of the Revised | 13294 |
| Code or conducted under section 3737.33 of the Revised Code except | 13295 |
| for the following: | 13296 |
| (a) Any firefighter who has elected under section 145.013 of | 13297 |
| the Revised Code to remain a contributing member of the public | 13298 |
| employees retirement system; | 13299 |
| (b) Any firefighter who was eligible to transfer from the | 13300 |
| public employees retirement system to the Ohio police and fire | 13301 |
| pension fund under section 742.51 or 742.515 of the Revised Code | 13302 |
| and did not elect to transfer; | 13303 |
| (c) Any firefighter who has elected under section 742.516 of | 13304 |
| the Revised Code to transfer from the Ohio police and fire pension | 13305 |
| fund to the public employees retirement system. | 13306 |
| (7) Who is a member of the board of health of a city or | 13307 |
| general health district, which pursuant to sections 3709.051 and | 13308 |
| 3709.07 of the Revised Code includes a combined health district, | 13309 |
| and whose compensation for attendance at meetings of the board is | 13310 |
| set forth in division (B) of section 3709.02 or division (B) of | 13311 |
| section 3709.05 of the Revised Code, as appropriate; | 13312 |
| (8) Who participates in an alternative retirement plan | 13313 |
| established under Chapter 3305. of the Revised Code; | 13314 |
| (9) Who is a member of the board of directors of a sanitary | 13315 |
| district established under Chapter 6115. of the Revised Code; | 13316 |
| (10) Who is a member of the unemployment compensation | 13317 |
| advisory council. | 13318 |
| (B) No inmate of a correctional institution operated by the | 13319 |
| department of rehabilitation and correction, no patient in a | 13320 |
| hospital for the mentally ill or criminally insane operated by the | 13321 |
| department of mental health, no resident in an institution for the | 13322 |
| mentally retarded operated by the department of mental retardation | 13323 |
| and developmental disabilities, no resident admitted as a patient | 13324 |
| of a veterans' home operated under Chapter 5907. of the Revised | 13325 |
| Code, and no resident of a county home shall be considered as a | 13326 |
| public employee for the purpose of establishing membership or | 13327 |
| calculating service credit or benefits under this chapter. | 13328 |
| Nothing in this division shall be construed to affect any service | 13329 |
| credit attained by any person who was a public employee before | 13330 |
| becoming an inmate, patient, or resident at any institution listed | 13331 |
| in this division, or the payment of any benefit for which such a | 13332 |
| person or such a person's beneficiaries otherwise would be | 13333 |
| eligible. | 13334 |
| Sec. 145.298. (A) As used in this section: | 13335 |
| (1) "State employing unit" means an employing unit described | 13336 |
| in division (A)(2) of section 145.297 of the Revised Code. | 13337 |
| (2) "State institution" means a state correctional facility, | 13338 |
| a state institution for the mentally ill, or a state institution | 13339 |
| for the care, treatment, and training of the mentally retarded. | 13340 |
| (B) | 13341 |
| to close a state institution or lay off, within a six-month | 13342 |
| period, a number of persons employed at an institution that equals | 13343 |
| or exceeds the lesser of fifty or ten per cent of the persons | 13344 |
| employed at the institution, the employing unit responsible for | 13345 |
| the institution's operation shall establish a retirement incentive | 13346 |
| plan for persons employed at the institution. | 13347 |
| (2) On and after July 1, 2009, in the event of a proposal to | 13348 |
| close a state institution or lay off, within a six-month period, a | 13349 |
| number of persons employed at an institution that equals or | 13350 |
| exceeds the lesser of two hundred or thirty per cent of the | 13351 |
| persons employed at the institution, the employing unit | 13352 |
| responsible for the institution's operation shall establish a | 13353 |
| retirement incentive plan for persons employed at the institution. | 13354 |
| (C) | 13355 |
|
other than | 13356 |
| this section, to lay off, within a six-month period, a number of | 13357 |
| employees of a state employing unit that equals or exceeds the | 13358 |
| lesser of fifty or ten per cent of the employing unit's employees, | 13359 |
| the employing unit shall establish a retirement incentive plan for | 13360 |
| employees of the employing unit. | 13361 |
| (2) On and after July 1, 2009, in the event of a proposal, | 13362 |
| other than the proposals described in division (B) of this | 13363 |
| section, to lay off, within a six-month period, a number of | 13364 |
| employees of a state employing unit that equals or exceeds the | 13365 |
| lesser of two hundred or thirty per cent of the employing unit's | 13366 |
| employees, the employing unit shall establish a retirement | 13367 |
| incentive plan for employees of the employing unit. | 13368 |
| (D)(1) A retirement incentive plan established under this | 13369 |
| section shall be consistent with the requirements of section | 13370 |
| 145.297 of the Revised Code, except as provided in division (D)(2) | 13371 |
| of this section and except that the plan shall go into effect at | 13372 |
| the time the layoffs or proposed closings are announced and shall | 13373 |
| remain in effect until the date of the layoffs or closings. | 13374 |
| (2) A retirement incentive plan established under this | 13375 |
| section due to the proposed closing of a state institution by the | 13376 |
| department of mental health prior to July 1, 1997, shall be | 13377 |
| consistent with the requirements of section 145.297 of the Revised | 13378 |
| Code, except as follows: | 13379 |
| (a) The employing unit shall purchase at least three years of | 13380 |
| service credit for each participating employee, except that it | 13381 |
| shall not purchase more service credit than the amount allowed by | 13382 |
| division (D) of section 145.297 of the Revised Code; | 13383 |
| (b) The plan shall go into effect at the time the proposed | 13384 |
| closing is announced and shall remain in effect at least until the | 13385 |
| date of the closing. | 13386 |
| (3) If the employing unit already has a retirement incentive | 13387 |
| plan in effect, the plan shall remain in effect at least until the | 13388 |
| date of the layoffs or closings. The employing unit may revise the | 13389 |
| existing plan to provide greater benefits, but if it revises the | 13390 |
| plan, it shall give written notice of the changes to all employees | 13391 |
| who have elected to participate in the original plan, and it shall | 13392 |
| provide the greater benefits to all employees who participate in | 13393 |
| the plan, whether their elections to participate were made before | 13394 |
| or after the date of the revision. | 13395 |
| Sec. 148.02. The Ohio public employees deferred compensation | 13396 |
| board shall be comprised of a member of the house of | 13397 |
| representatives and a member of the senate, who shall not be of | 13398 |
| the same political party, each to be appointed to serve at the | 13399 |
| pleasure of the member's respective leadership, and the members of | 13400 |
| the public employees retirement board as constituted by section | 13401 |
| 145.04 of the Revised Code, who are hereby created as a separate | 13402 |
| legal entity for the purpose of administering a deferred | 13403 |
| compensation system for all eligible employees. The public | 13404 |
| employees retirement board may utilize its employees and property | 13405 |
| in the administration of the system on behalf of the Ohio public | 13406 |
| employees deferred compensation board, in consideration of a | 13407 |
| reasonable service charge to be applied in a nondiscriminatory | 13408 |
| manner to all amounts of compensation deferred under this system. | 13409 |
| The Ohio public employees deferred compensation board may | 13410 |
| exercise the same powers granted by section 145.09 of the Revised | 13411 |
| Code necessary to its functions. The attorney general shall be the | 13412 |
| legal adviser of the board. The Ohio public employees deferred | 13413 |
| compensation receiving account shall be in the custody of the | 13414 |
| treasurer of state, but shall not be part of the state treasury. | 13415 |
| Sec. 148.04. (A) The Ohio public employees deferred | 13416 |
| compensation board shall initiate, plan, expedite, and, subject to | 13417 |
| an appropriate assurance of the approval of the internal revenue | 13418 |
| service, promulgate and offer to all eligible employees, and | 13419 |
| thereafter administer on behalf of all participating employees and | 13420 |
| continuing members, and alter as required, a program for deferral | 13421 |
| of compensation, including a reasonable number of options to the | 13422 |
|
employee for the investment of deferred
funds, | 13423 |
| 13424 | |
| 13425 | |
| 13426 | |
| treatment of such funds. The members of the board are the trustees | 13427 |
| of any deferred funds and shall discharge their duties with | 13428 |
| respect to the funds solely in the interest of and for the | 13429 |
| exclusive benefit of participating employees, continuing members, | 13430 |
| and their beneficiaries. With respect to such deferred funds, | 13431 |
| section 148.09 of the Revised Code shall apply to claims against | 13432 |
| participating employees or continuing members and their employers. | 13433 |
| (B) The Ohio public employees deferred compensation program | 13434 |
| shall provide informational materials and acknowledgment forms to | 13435 |
| employers required to comply with division (C) of this section. | 13436 |
| (C)(1) Whenever an individual becomes employed in a position | 13437 |
| paid by warrant of the director of budget and management, the | 13438 |
| individual's employer shall do both of the following at the time | 13439 |
| the employee completes the employee's initial employment | 13440 |
| paperwork: | 13441 |
| (a) Provide to the employee materials provided by the Ohio | 13442 |
| public employees deferred compensation program under division (B) | 13443 |
| of this section regarding the benefits of long-term savings | 13444 |
| through deferred compensation; | 13445 |
| (b) Secure, in writing or by electronic means, the employee's | 13446 |
| acknowledgment form regarding the employee's desire to participate | 13447 |
| or not participate in a deferred compensation program offered by | 13448 |
| the board. | 13449 |
| An election regarding participation under this section shall | 13450 |
| be made in such manner and form as is prescribed by the Ohio | 13451 |
| public employees deferred compensation program and shall be filed | 13452 |
| with the program. | 13453 |
| The employer shall forward each acknowledgment form completed | 13454 |
| under this division to the deferred compensation program not | 13455 |
| later than forty-five days after the date on which the employee's | 13456 |
| employment begins. | 13457 |
| (2) Every employer of an eligible employee shall contract | 13458 |
| with the employee upon the employee's application for | 13459 |
| participation in a deferred compensation program offered by the | 13460 |
|
board. | 13461 |
| 13462 | |
| 13463 |
| | 13464 |
| provisions, undertake to obtain as favorable conditions of tax | 13465 |
| treatment as possible, both in the initial programs and any | 13466 |
| permitted alterations of them or additions to them, as to such | 13467 |
| matters as terms of distribution, designation of beneficiaries, | 13468 |
| withdrawal upon disability, financial hardship, or termination of | 13469 |
| public employment, and other optional provisions. | 13470 |
| | 13471 |
| compensation to be set aside under a deferred compensation program | 13472 |
| and the employee's nondeferred income for any year exceed the | 13473 |
| total annual salary or compensation under the existing salary | 13474 |
| schedule or classification plan applicable to the employee in that | 13475 |
| year. | 13476 |
| Such a deferred compensation program shall be in addition to | 13477 |
| any retirement or any other benefit program provided by law for | 13478 |
| employees of this state. The board shall adopt rules pursuant to | 13479 |
| Chapter 119. of the Revised Code to provide any necessary | 13480 |
| standards or conditions for the administration of its programs, | 13481 |
| including any limits on the portion of a participating employee's | 13482 |
| compensation that may be deferred in order to avoid adverse | 13483 |
| treatment of the program by the internal revenue service or the | 13484 |
| occurrence of deferral, withholding, or other deductions in excess | 13485 |
| of the compensation available for any pay period. | 13486 |
| Any income deferred under such a plan shall continue to be | 13487 |
| included as regular compensation for the purpose of computing the | 13488 |
| contributions to and benefits from the retirement system of such | 13489 |
| employee. Any sum so deferred shall not be included in the | 13490 |
| computation of any federal and state income taxes withheld on | 13491 |
| behalf of any such employee. | 13492 |
| | 13493 |
| municipal corporation, county, township, park district, | 13494 |
| conservancy district, sanitary district, health district, public | 13495 |
| library, county law library, public institution of higher | 13496 |
| education, or school district to provide separate authorized plans | 13497 |
| or programs for deferring compensation of their officers and | 13498 |
| employees in addition to the program for the deferral of | 13499 |
| compensation offered by the board. Any municipal corporation, | 13500 |
| township, public institution of higher education, or school | 13501 |
| district that offers such plans or programs shall include a | 13502 |
| reasonable number of options to its officers or employees for the | 13503 |
| investment of the deferred funds, including annuities, variable | 13504 |
| annuities, regulated investment trusts, or other forms of | 13505 |
| investment approved by the municipal corporation, township, public | 13506 |
| institution of higher education, or school district, that will | 13507 |
| assure the desired tax treatment of the funds. | 13508 |
| Sec. 148.05. (A)(1) As used in this division, "personal | 13509 |
| history record" means information maintained by the Ohio public | 13510 |
| employees deferred compensation board on an individual who is a | 13511 |
| participating employee or continuing member that includes the | 13512 |
| address, telephone number, social security number, record of | 13513 |
| contributions, records of benefits, correspondence with the Ohio | 13514 |
| public employees deferred compensation program, or other | 13515 |
| information the board determines to be confidential. | 13516 |
| (2) The records of the board shall be open to public | 13517 |
| inspection, except that the following shall be excluded, except | 13518 |
| with the written authorization of the individual concerned: | 13519 |
| (a) Information pertaining to an individual's participant | 13520 |
| account; | 13521 |
| (b) The individual's personal history record. | 13522 |
| (B)(1) All medical reports, records, and recommendations of a | 13523 |
| participating employee or a continuing member that are in the | 13524 |
| possession of the board are privileged. | 13525 |
| (2) All tax information of a participating employee, | 13526 |
| continuing member, or former participant or member that is in the | 13527 |
| possession of the board shall be confidential to the extent the | 13528 |
| information is confidential under Title LVII or any other | 13529 |
| provision of the Revised Code. | 13530 |
| (C) Notwithstanding the exceptions to public inspection in | 13531 |
| division (A)(2) of this section, the board may furnish the | 13532 |
| following information: | 13533 |
| (1) If a participating employee, continuing member, or former | 13534 |
| participant or member is subject to an order issued under section | 13535 |
| 2907.15 of the Revised Code or is convicted of or pleads guilty | 13536 |
| to a violation of section 2921.41 of the Revised Code, on written | 13537 |
| request of a prosecutor as defined in section 2935.01 of the | 13538 |
| Revised Code, the board shall furnish to the prosecutor the | 13539 |
| information requested from the individual's personal history | 13540 |
| record or participant account. | 13541 |
| (2) Pursuant to a court or administrative order issued | 13542 |
| pursuant to Chapter 3119., 3121., 3123., or 3125. of the Revised | 13543 |
| Code, the board shall furnish to a court or child support | 13544 |
| enforcement agency the information required under that section. | 13545 |
| (3) Pursuant to an administrative subpoena issued by a state | 13546 |
| agency, the board shall furnish the information required by the | 13547 |
| subpoena. | 13548 |
| (4) The board shall comply with orders issued under section | 13549 |
| 3105.87 of the Revised Code. | 13550 |
| (D) A statement that contains information obtained from the | 13551 |
| program's records that is signed by the executive director or the | 13552 |
| director's designee and to which the board's official seal is | 13553 |
| affixed, or copies of the program's records to which the | 13554 |
| signature and seal are attached, shall be received as true copies | 13555 |
| of the board's records in any court or before any officer of this | 13556 |
| state. | 13557 |
| Sec. 149.308. There is hereby created in the state treasury | 13558 |
| the Ohio historical society income tax contribution fund, which | 13559 |
| shall consist of money contributed to it under section 5747.113 of | 13560 |
| the Revised Code and of contributions made directly to it. Any | 13561 |
| person may contribute directly to the fund in addition to or | 13562 |
| independently of the income tax refund contribution system | 13563 |
| established in section 5747.113 of the Revised Code. | 13564 |
| The Ohio historical society shall use money credited to the | 13565 |
| fund in furtherance of the public functions with which the society | 13566 |
| is charged under section 149.30 of the Revised Code. | 13567 |
| Sec. 149.43. (A) As used in this section: | 13568 |
| (1) "Public record" means records kept by any public office, | 13569 |
| including, but not limited to, state, county, city, village, | 13570 |
| township, and school district units, and records pertaining to the | 13571 |
| delivery of educational services by an alternative school in this | 13572 |
| state kept by the nonprofit or for-profit entity operating the | 13573 |
| alternative school pursuant to section 3313.533 of the Revised | 13574 |
| Code. "Public record" does not mean any of the following: | 13575 |
| (a) Medical records; | 13576 |
| (b) Records pertaining to probation and parole proceedings or | 13577 |
| to proceedings related to the imposition of community control | 13578 |
| sanctions and post-release control sanctions; | 13579 |
| (c) Records pertaining to actions under section 2151.85 and | 13580 |
| division (C) of section 2919.121 of the Revised Code and to | 13581 |
| appeals of actions arising under those sections; | 13582 |
| (d) Records pertaining to adoption proceedings, including the | 13583 |
| contents of an adoption file maintained by the department of | 13584 |
| health under section 3705.12 of the Revised Code; | 13585 |
| (e) Information in a record contained in the putative father | 13586 |
| registry established by section 3107.062 of the Revised Code, | 13587 |
| regardless of whether the information is held by the department of | 13588 |
| job and family services or, pursuant to section 3111.69 of the | 13589 |
| Revised Code, the office of child support in the department or a | 13590 |
| child support enforcement agency; | 13591 |
| (f) Records listed in division (A) of section 3107.42 of the | 13592 |
| Revised Code or specified in division (A) of section 3107.52 of | 13593 |
| the Revised Code; | 13594 |
| (g) Trial preparation records; | 13595 |
| (h) Confidential law enforcement investigatory records; | 13596 |
| (i) Records containing information that is confidential under | 13597 |
| section 2710.03 or 4112.05 of the Revised Code; | 13598 |
| (j) DNA records stored in the DNA database pursuant to | 13599 |
| section 109.573 of the Revised Code; | 13600 |
| (k) Inmate records released by the department of | 13601 |
| rehabilitation and correction to the department of youth services | 13602 |
| or a court of record pursuant to division (E) of section 5120.21 | 13603 |
| of the Revised Code; | 13604 |
| (l) Records maintained by the department of youth services | 13605 |
| pertaining to children in its custody released by the department | 13606 |
| of youth services to the department of rehabilitation and | 13607 |
| correction pursuant to section 5139.05 of the Revised Code; | 13608 |
| (m) Intellectual property records; | 13609 |
| (n) Donor profile records; | 13610 |
| (o) Records maintained by the department of job and family | 13611 |
| services pursuant to section 3121.894 of the Revised Code; | 13612 |
| (p) Peace officer, parole officer, prosecuting attorney, | 13613 |
| assistant prosecuting attorney, correctional employee, youth | 13614 |
|
services employee, firefighter, | 13615 |
| bureau of criminal identification and investigation residential | 13616 |
| and familial information; | 13617 |
| (q) In the case of a county hospital operated pursuant to | 13618 |
| Chapter 339. of the Revised Code or a municipal hospital operated | 13619 |
| pursuant to Chapter 749. of the Revised Code, information that | 13620 |
| constitutes a trade secret, as defined in section 1333.61 of the | 13621 |
| Revised Code; | 13622 |
| (r) Information pertaining to the recreational activities of | 13623 |
| a person under the age of eighteen; | 13624 |
| (s) Records provided to, statements made by review board | 13625 |
| members during meetings of, and all work products of a child | 13626 |
| fatality review board acting under sections 307.621 to 307.629 of | 13627 |
| the Revised Code, and child fatality review data submitted by the | 13628 |
| child fatality review board to the department of health or a | 13629 |
| national child death review database, other than the report | 13630 |
| prepared pursuant to division (A) of section 307.626 of the | 13631 |
| Revised Code; | 13632 |
| (t) Records provided to and statements made by the executive | 13633 |
| director of a public children services agency or a prosecuting | 13634 |
| attorney acting pursuant to section 5153.171 of the Revised Code | 13635 |
| other than the information released under that section; | 13636 |
| (u) Test materials, examinations, or evaluation tools used in | 13637 |
| an examination for licensure as a nursing home administrator that | 13638 |
| the board of examiners of nursing home administrators administers | 13639 |
| under section 4751.04 of the Revised Code or contracts under that | 13640 |
| section with a private or government entity to administer; | 13641 |
| (v) Records the release of which is prohibited by state or | 13642 |
| federal law; | 13643 |
| (w) Proprietary information of or relating to any person that | 13644 |
| is submitted to or compiled by the Ohio venture capital authority | 13645 |
| created under section 150.01 of the Revised Code; | 13646 |
| (x) Information reported and evaluations conducted pursuant | 13647 |
| to section 3701.072 of the Revised Code; | 13648 |
| (y) Financial statements and data any person submits for any | 13649 |
| purpose to the Ohio housing finance agency or the controlling | 13650 |
| board in connection with applying for, receiving, or accounting | 13651 |
| for financial assistance from the agency, and information that | 13652 |
| identifies any individual who benefits directly or indirectly from | 13653 |
| financial assistance from the agency; | 13654 |
| (z) Records listed in section 5101.29 of the Revised Code. | 13655 |
| (aa) Discharges recorded with a county recorder under section | 13656 |
| 317.24 of the Revised Code, as specified in division (B)(2) of | 13657 |
| that section. | 13658 |
| (2) "Confidential law enforcement investigatory record" means | 13659 |
| any record that pertains to a law enforcement matter of a | 13660 |
| criminal, quasi-criminal, civil, or administrative nature, but | 13661 |
| only to the extent that the release of the record would create a | 13662 |
| high probability of disclosure of any of the following: | 13663 |
| (a) The identity of a suspect who has not been charged with | 13664 |
| the offense to which the record pertains, or of an information | 13665 |
| source or witness to whom confidentiality has been reasonably | 13666 |
| promised; | 13667 |
| (b) Information provided by an information source or witness | 13668 |
| to whom confidentiality has been reasonably promised, which | 13669 |
| information would reasonably tend to disclose the source's or | 13670 |
| witness's identity; | 13671 |
| (c) Specific confidential investigatory techniques or | 13672 |
| procedures or specific investigatory work product; | 13673 |
| (d) Information that would endanger the life or physical | 13674 |
| safety of law enforcement personnel, a crime victim, a witness, or | 13675 |
| a confidential information source. | 13676 |
| (3) "Medical record" means any document or combination of | 13677 |
| documents, except births, deaths, and the fact of admission to or | 13678 |
| discharge from a hospital, that pertains to the medical history, | 13679 |
| diagnosis, prognosis, or medical condition of a patient and that | 13680 |
| is generated and maintained in the process of medical treatment. | 13681 |
| (4) "Trial preparation record" means any record that contains | 13682 |
| information that is specifically compiled in reasonable | 13683 |
| anticipation of, or in defense of, a civil or criminal action or | 13684 |
| proceeding, including the independent thought processes and | 13685 |
| personal trial preparation of an attorney. | 13686 |
| (5) "Intellectual property record" means a record, other than | 13687 |
| a financial or administrative record, that is produced or | 13688 |
| collected by or for faculty or staff of a state institution of | 13689 |
| higher learning in the conduct of or as a result of study or | 13690 |
| research on an educational, commercial, scientific, artistic, | 13691 |
| technical, or scholarly issue, regardless of whether the study or | 13692 |
| research was sponsored by the institution alone or in conjunction | 13693 |
| with a governmental body or private concern, and that has not been | 13694 |
| publicly released, published, or patented. | 13695 |
| (6) "Donor profile record" means all records about donors or | 13696 |
| potential donors to a public institution of higher education | 13697 |
| except the names and reported addresses of the actual donors and | 13698 |
| the date, amount, and conditions of the actual donation. | 13699 |
| (7) "Peace officer, parole officer, prosecuting attorney, | 13700 |
| assistant prosecuting attorney, correctional employee, youth | 13701 |
|
services employee, firefighter, | 13702 |
| bureau of criminal identification and investigation residential | 13703 |
| and familial information" means any information that discloses any | 13704 |
| of the following about a peace officer, parole officer, | 13705 |
| prosecuting attorney, assistant prosecuting attorney, | 13706 |
|
correctional employee,
youth services employee, firefighter, | 13707 |
| EMT, or investigator of the bureau of criminal identification and | 13708 |
| investigation: | 13709 |
| (a) The address of the actual personal residence of a peace | 13710 |
| officer, parole officer, assistant prosecuting attorney, | 13711 |
|
correctional employee, youth services employee, firefighter, | 13712 |
| EMT, or an investigator of the bureau of criminal identification | 13713 |
| and investigation, except for the state or political subdivision | 13714 |
| in which the peace officer, parole officer, assistant prosecuting | 13715 |
| attorney, correctional employee, youth services employee, | 13716 |
|
firefighter, | 13717 |
| identification and investigation resides; | 13718 |
| (b) Information compiled from referral to or participation in | 13719 |
| an employee assistance program; | 13720 |
| (c) The social security number, the residential telephone | 13721 |
| number, any bank account, debit card, charge card, or credit card | 13722 |
| number, or the emergency telephone number of, or any medical | 13723 |
| information pertaining to, a peace officer, parole officer, | 13724 |
| prosecuting attorney, assistant prosecuting attorney, correctional | 13725 |
|
employee, youth services employee, firefighter, | 13726 |
| investigator of the bureau of criminal identification and | 13727 |
| investigation; | 13728 |
| (d) The name of any beneficiary of employment benefits, | 13729 |
| including, but not limited to, life insurance benefits, provided | 13730 |
| to a peace officer, parole officer, prosecuting attorney, | 13731 |
| assistant prosecuting attorney, correctional employee, youth | 13732 |
|
services employee, firefighter, | 13733 |
| bureau of criminal identification and investigation by the peace | 13734 |
| officer's, parole officer's, prosecuting attorney's, assistant | 13735 |
| prosecuting attorney's, correctional employee's, youth services | 13736 |
|
employee's,
firefighter's, | 13737 |
| of criminal identification and investigation's employer; | 13738 |
| (e) The identity and amount of any charitable or employment | 13739 |
| benefit deduction made by the peace officer's, parole officer's, | 13740 |
| prosecuting attorney's, assistant prosecuting attorney's, | 13741 |
| correctional employee's, youth services employee's, firefighter's, | 13742 |
| 13743 | |
| and investigation's employer from the peace officer's, parole | 13744 |
| officer's, prosecuting attorney's, assistant prosecuting | 13745 |
| attorney's, correctional employee's, youth services employee's, | 13746 |
|
firefighter's,
| 13747 |
| criminal identification and investigation's compensation unless | 13748 |
| the amount of the deduction is required by state or federal law; | 13749 |
| (f) The name, the residential address, the name of the | 13750 |
| employer, the address of the employer, the social security number, | 13751 |
| the residential telephone number, any bank account, debit card, | 13752 |
| charge card, or credit card number, or the emergency telephone | 13753 |
| number of the spouse, a former spouse, or any child of a peace | 13754 |
| officer, parole officer, prosecuting attorney, assistant | 13755 |
| prosecuting attorney, correctional employee, youth services | 13756 |
|
employee, firefighter, | 13757 |
| criminal identification and investigation; | 13758 |
| (g) A photograph of a peace officer who holds a position or | 13759 |
| has an assignment that may include undercover or plain clothes | 13760 |
| positions or assignments as determined by the peace officer's | 13761 |
| appointing authority. | 13762 |
| As used in divisions (A)(7) and (B)(9) of this section, | 13763 |
| "peace officer" has the same meaning as in section 109.71 of the | 13764 |
| Revised Code and also includes the superintendent and troopers of | 13765 |
| the state highway patrol; it does not include the sheriff of a | 13766 |
| county or a supervisory employee who, in the absence of the | 13767 |
| sheriff, is authorized to stand in for, exercise the authority of, | 13768 |
| and perform the duties of the sheriff. | 13769 |
| As used in divisions (A)(7) and (B)(5) of this section, | 13770 |
| "correctional employee" means any employee of the department of | 13771 |
| rehabilitation and correction who in the course of performing the | 13772 |
| employee's job duties has or has had contact with inmates and | 13773 |
| persons under supervision. | 13774 |
| As used in divisions (A)(7) and (B)(5) of this section, | 13775 |
| "youth services employee" means any employee of the department of | 13776 |
| youth services who in the course of performing the employee's job | 13777 |
| duties has or has had contact with children committed to the | 13778 |
| custody of the department of youth services. | 13779 |
| As used in divisions (A)(7) and (B)(9) of this section, | 13780 |
| "firefighter" means any regular, paid or volunteer, member of a | 13781 |
| lawfully constituted fire department of a municipal corporation, | 13782 |
| township, fire district, or village. | 13783 |
| As used in divisions (A)(7) and (B)(9) of this section, "EMT" | 13784 |
| means EMTs-basic, EMTs-I, and paramedics that provide emergency | 13785 |
| medical services for a public emergency medical service | 13786 |
| organization. "Emergency medical service organization," | 13787 |
| "EMT-basic," "EMT-I," and "paramedic" have the same meanings as in | 13788 |
| section 4765.01 of the Revised Code. | 13789 |
| As used in divisions (A)(7) and (B)(9) of this section, | 13790 |
| "investigator of the bureau of criminal identification and | 13791 |
| investigation" has the meaning defined in section 2903.11 of the | 13792 |
| Revised Code. | 13793 |
| (8) "Information pertaining to the recreational activities of | 13794 |
| a person under the age of eighteen" means information that is kept | 13795 |
| in the ordinary course of business by a public office, that | 13796 |
| pertains to the recreational activities of a person under the age | 13797 |
| of eighteen years, and that discloses any of the following: | 13798 |
| (a) The address or telephone number of a person under the age | 13799 |
| of eighteen or the address or telephone number of that person's | 13800 |
| parent, guardian, custodian, or emergency contact person; | 13801 |
| (b) The social security number, birth date, or photographic | 13802 |
| image of a person under the age of eighteen; | 13803 |
| (c) Any medical record, history, or information pertaining to | 13804 |
| a person under the age of eighteen; | 13805 |
| (d) Any additional information sought or required about a | 13806 |
| person under the age of eighteen for the purpose of allowing that | 13807 |
| person to participate in any recreational activity conducted or | 13808 |
| sponsored by a public office or to use or obtain admission | 13809 |
| privileges to any recreational facility owned or operated by a | 13810 |
| public office. | 13811 |
| (9) "Community control sanction" has the same meaning as in | 13812 |
| section 2929.01 of the Revised Code. | 13813 |
| (10) "Post-release control sanction" has the same meaning as | 13814 |
| in section 2967.01 of the Revised Code. | 13815 |
| (11) "Redaction" means obscuring or deleting any information | 13816 |
| that is exempt from the duty to permit public inspection or | 13817 |
| copying from an item that otherwise meets the definition of a | 13818 |
| "record" in section 149.011 of the Revised Code. | 13819 |
| (12) "Designee" and "elected official" have the same meanings | 13820 |
| as in section 109.43 of the Revised Code. | 13821 |
| (B)(1) Upon request and subject to division (B)(8) of this | 13822 |
| section, all public records responsive to the request shall be | 13823 |
| promptly prepared and made available for inspection to any person | 13824 |
| at all reasonable times during regular business hours. Subject to | 13825 |
| division (B)(8) of this section, upon request, a public office or | 13826 |
| person responsible for public records shall make copies of the | 13827 |
| requested public record available at cost and within a reasonable | 13828 |
| period of time. If a public record contains information that is | 13829 |
| exempt from the duty to permit public inspection or to copy the | 13830 |
| public record, the public office or the person responsible for the | 13831 |
| public record shall make available all of the information within | 13832 |
| the public record that is not exempt. When making that public | 13833 |
| record available for public inspection or copying that public | 13834 |
| record, the public office or the person responsible for the public | 13835 |
| record shall notify the requester of any redaction or make the | 13836 |
| redaction plainly visible. A redaction shall be deemed a denial of | 13837 |
| a request to inspect or copy the redacted information, except if | 13838 |
| federal or state law authorizes or requires a public office to | 13839 |
| make the redaction. | 13840 |
| (2) To facilitate broader access to public records, a public | 13841 |
| office or the person responsible for public records shall organize | 13842 |
| and maintain public records in a manner that they can be made | 13843 |
| available for inspection or copying in accordance with division | 13844 |
| (B) of this section. A public office also shall have available a | 13845 |
| copy of its current records retention schedule at a location | 13846 |
| readily available to the public. If a requester makes an ambiguous | 13847 |
| or overly broad request or has difficulty in making a request for | 13848 |
| copies or inspection of public records under this section such | 13849 |
| that the public office or the person responsible for the requested | 13850 |
| public record cannot reasonably identify what public records are | 13851 |
| being requested, the public office or the person responsible for | 13852 |
| the requested public record may deny the request but shall provide | 13853 |
| the requester with an opportunity to revise the request by | 13854 |
| informing the requester of the manner in which records are | 13855 |
| maintained by the public office and accessed in the ordinary | 13856 |
| course of the public office's or person's duties. | 13857 |
| (3) If a request is ultimately denied, in part or in whole, | 13858 |
| the public office or the person responsible for the requested | 13859 |
| public record shall provide the requester with an explanation, | 13860 |
| including legal authority, setting forth why the request was | 13861 |
| denied. If the initial request was provided in writing, the | 13862 |
| explanation also shall be provided to the requester in writing. | 13863 |
| The explanation shall not preclude the public office or the person | 13864 |
| responsible for the requested public record from relying upon | 13865 |
| additional reasons or legal authority in defending an action | 13866 |
| commenced under division (C) of this section. | 13867 |
| (4) Unless specifically required or authorized by state or | 13868 |
| federal law or in accordance with division (B) of this section, no | 13869 |
| public office or person responsible for public records may limit | 13870 |
| or condition the availability of public records by requiring | 13871 |
| disclosure of the requester's identity or the intended use of the | 13872 |
| requested public record. Any requirement that the requester | 13873 |
| disclose the requestor's identity or the intended use of the | 13874 |
| requested public record constitutes a denial of the request. | 13875 |
| (5) A public office or person responsible for public records | 13876 |
| may ask a requester to make the request in writing, may ask for | 13877 |
| the requester's identity, and may inquire about the intended use | 13878 |
| of the information requested, but may do so only after disclosing | 13879 |
| to the requester that a written request is not mandatory and that | 13880 |
| the requester may decline to reveal the requester's identity or | 13881 |
| the intended use and when a written request or disclosure of the | 13882 |
| identity or intended use would benefit the requester by enhancing | 13883 |
| the ability of the public office or person responsible for public | 13884 |
| records to identify, locate, or deliver the public records sought | 13885 |
| by the requester. | 13886 |
| (6) If any person chooses to obtain a copy of a public record | 13887 |
| in accordance with division (B) of this section, the public office | 13888 |
| or person responsible for the public record may require that | 13889 |
| person to pay in advance the cost involved in providing the copy | 13890 |
| of the public record in accordance with the choice made by the | 13891 |
| person seeking the copy under this division. The public office or | 13892 |
| the person responsible for the public record shall permit that | 13893 |
| person to choose to have the public record duplicated upon paper, | 13894 |
| upon the same medium upon which the public office or person | 13895 |
| responsible for the public record keeps it, or upon any other | 13896 |
| medium upon which the public office or person responsible for the | 13897 |
| public record determines that it reasonably can be duplicated as | 13898 |
| an integral part of the normal operations of the public office or | 13899 |
| person responsible for the public record. When the person seeking | 13900 |
| the copy makes a choice under this division, the public office or | 13901 |
| person responsible for the public record shall provide a copy of | 13902 |
| it in accordance with the choice made by the person seeking the | 13903 |
| copy. Nothing in this section requires a public office or person | 13904 |
| responsible for the public record to allow the person seeking a | 13905 |
| copy of the public record to make the copies of the public record. | 13906 |
| (7) Upon a request made in accordance with division (B) of | 13907 |
| this section and subject to division (B)(6) of this section, a | 13908 |
| public office or person responsible for public records shall | 13909 |
| transmit a copy of a public record to any person by United States | 13910 |
| mail or by any other means of delivery or transmission within a | 13911 |
| reasonable period of time after receiving the request for the | 13912 |
| copy. The public office or person responsible for the public | 13913 |
| record may require the person making the request to pay in advance | 13914 |
| the cost of postage if the copy is transmitted by United States | 13915 |
| mail or the cost of delivery if the copy is transmitted other than | 13916 |
| by United States mail, and to pay in advance the costs incurred | 13917 |
| for other supplies used in the mailing, delivery, or transmission. | 13918 |
| Any public office may adopt a policy and procedures that it | 13919 |
| will follow in transmitting, within a reasonable period of time | 13920 |
| after receiving a request, copies of public records by United | 13921 |
| States mail or by any other means of delivery or transmission | 13922 |
| pursuant to this division. A public office that adopts a policy | 13923 |
| and procedures under this division shall comply with them in | 13924 |
| performing its duties under this division. | 13925 |
| In any policy and procedures adopted under this division, a | 13926 |
| public office may limit the number of records requested by a | 13927 |
| person that the office will transmit by United States mail to ten | 13928 |
| per month, unless the person certifies to the office in writing | 13929 |
| that the person does not intend to use or forward the requested | 13930 |
| records, or the information contained in them, for commercial | 13931 |
| purposes. For purposes of this division, "commercial" shall be | 13932 |
| narrowly construed and does not include reporting or gathering | 13933 |
| news, reporting or gathering information to assist citizen | 13934 |
| oversight or understanding of the operation or activities of | 13935 |
| government, or nonprofit educational research. | 13936 |
| (8) A public office or person responsible for public records | 13937 |
| is not required to permit a person who is incarcerated pursuant to | 13938 |
| a criminal conviction or a juvenile adjudication to inspect or to | 13939 |
| obtain a copy of any public record concerning a criminal | 13940 |
| investigation or prosecution or concerning what would be a | 13941 |
| criminal investigation or prosecution if the subject of the | 13942 |
| investigation or prosecution were an adult, unless the request to | 13943 |
| inspect or to obtain a copy of the record is for the purpose of | 13944 |
| acquiring information that is subject to release as a public | 13945 |
| record under this section and the judge who imposed the sentence | 13946 |
| or made the adjudication with respect to the person, or the | 13947 |
| judge's successor in office, finds that the information sought in | 13948 |
| the public record is necessary to support what appears to be a | 13949 |
| justiciable claim of the person. | 13950 |
| (9) Upon written request made and signed by a journalist on | 13951 |
| or after December 16, 1999, a public office, or person responsible | 13952 |
| for public records, having custody of the records of the agency | 13953 |
| employing a specified peace officer, parole officer, prosecuting | 13954 |
| attorney, assistant prosecuting attorney, correctional employee, | 13955 |
|
youth services employee, firefighter, | 13956 |
| the bureau of criminal identification and investigation shall | 13957 |
| disclose to the journalist the address of the actual personal | 13958 |
| residence of the peace officer, parole officer, prosecuting | 13959 |
| attorney, assistant prosecuting attorney, correctional employee, | 13960 |
|
youth services
employee, firefighter, | 13961 |
| the bureau of criminal identification and investigation and, if | 13962 |
| the peace officer's, parole officer's, prosecuting attorney's, | 13963 |
| assistant prosecuting attorney's, correctional employee's, youth | 13964 |
|
services employee's,
firefighter's, | 13965 |
| the bureau of criminal identification and investigation's spouse, | 13966 |
| former spouse, or child is employed by a public office, the name | 13967 |
| and address of the employer of the peace officer's, parole | 13968 |
| officer's, prosecuting attorney's, assistant prosecuting | 13969 |
| attorney's, correctional employee's, youth services employee's, | 13970 |
|
firefighter's, | 13971 |
| criminal identification and investigation's spouse, former | 13972 |
| spouse, or child. The request shall include the journalist's name | 13973 |
| and title and the name and address of the journalist's employer | 13974 |
| and shall state that disclosure of the information sought would be | 13975 |
| in the public interest. | 13976 |
| As used in this division, "journalist" means a person engaged | 13977 |
| in, connected with, or employed by any news medium, including a | 13978 |
| newspaper, magazine, press association, news agency, or wire | 13979 |
| service, a radio or television station, or a similar medium, for | 13980 |
| the purpose of gathering, processing, transmitting, compiling, | 13981 |
| editing, or disseminating information for the general public. | 13982 |
| (C)(1) If a person allegedly is aggrieved by the failure of a | 13983 |
| public office or the person responsible for public records to | 13984 |
| promptly prepare a public record and to make it available to the | 13985 |
| person for inspection in accordance with division (B) of this | 13986 |
| section or by any other failure of a public office or the person | 13987 |
| responsible for public records to comply with an obligation in | 13988 |
| accordance with division (B) of this section, the person allegedly | 13989 |
| aggrieved may commence a mandamus action to obtain a judgment that | 13990 |
| orders the public office or the person responsible for the public | 13991 |
| record to comply with division (B) of this section, that awards | 13992 |
| court costs and reasonable attorney's fees to the person that | 13993 |
| instituted the mandamus action, and, if applicable, that includes | 13994 |
| an order fixing statutory damages under division (C)(1) of this | 13995 |
| section. The mandamus action may be commenced in the court of | 13996 |
| common pleas of the county in which division (B) of this section | 13997 |
| allegedly was not complied with, in the supreme court pursuant to | 13998 |
| its original jurisdiction under Section 2 of Article IV, Ohio | 13999 |
| Constitution, or in the court of appeals for the appellate | 14000 |
| district in which division (B) of this section allegedly was not | 14001 |
| complied with pursuant to its original jurisdiction under Section | 14002 |
| 3 of Article IV, Ohio Constitution. | 14003 |
| If a requestor transmits a written request by hand delivery | 14004 |
| or certified mail to inspect or receive copies of any public | 14005 |
| record in a manner that fairly describes the public record or | 14006 |
| class of public records to the public office or person responsible | 14007 |
| for the requested public records, except as otherwise provided in | 14008 |
| this section, the requestor shall be entitled to recover the | 14009 |
| amount of statutory damages set forth in this division if a court | 14010 |
| determines that the public office or the person responsible for | 14011 |
| public records failed to comply with an obligation in accordance | 14012 |
| with division (B) of this section. | 14013 |
| The amount of statutory damages shall be fixed at one hundred | 14014 |
| dollars for each business day during which the public office or | 14015 |
| person responsible for the requested public records failed to | 14016 |
| comply with an obligation in accordance with division (B) of this | 14017 |
| section, beginning with the day on which the requester files a | 14018 |
| mandamus action to recover statutory damages, up to a maximum of | 14019 |
| one thousand dollars. The award of statutory damages shall not be | 14020 |
| construed as a penalty, but as compensation for injury arising | 14021 |
| from lost use of the requested information. The existence of this | 14022 |
| injury shall be conclusively presumed. The award of statutory | 14023 |
| damages shall be in addition to all other remedies authorized by | 14024 |
| this section. | 14025 |
| The court may reduce an award of statutory damages or not | 14026 |
| award statutory damages if the court determines both of the | 14027 |
| following: | 14028 |
| (a) That, based on the ordinary application of statutory law | 14029 |
| and case law as it existed at the time of the conduct or | 14030 |
| threatened conduct of the public office or person responsible for | 14031 |
| the requested public records that allegedly constitutes a failure | 14032 |
| to comply with an obligation in accordance with division (B) of | 14033 |
| this section and that was the basis of the mandamus action, a | 14034 |
| well-informed public office or person responsible for the | 14035 |
| requested public records reasonably would believe that the conduct | 14036 |
| or threatened conduct of the public office or person responsible | 14037 |
| for the requested public records did not constitute a failure to | 14038 |
| comply with an obligation in accordance with division (B) of this | 14039 |
| section; | 14040 |
| (b) That a well-informed public office or person responsible | 14041 |
| for the requested public records reasonably would believe that the | 14042 |
| conduct or threatened conduct of the public office or person | 14043 |
| responsible for the requested public records would serve the | 14044 |
| public policy that underlies the authority that is asserted as | 14045 |
| permitting that conduct or threatened conduct. | 14046 |
| (2)(a) If the court issues a writ of mandamus that orders the | 14047 |
| public office or the person responsible for the public record to | 14048 |
| comply with division (B) of this section and determines that the | 14049 |
| circumstances described in division (C)(1) of this section exist, | 14050 |
| the court shall determine and award to the relator all court | 14051 |
| costs. | 14052 |
| (b) If the court renders a judgment that orders the public | 14053 |
| office or the person responsible for the public record to comply | 14054 |
| with division (B) of this section, the court may award reasonable | 14055 |
| attorney's fees subject to reduction as described in division | 14056 |
| (C)(2)(c) of this section. The court shall award reasonable | 14057 |
| attorney's fees, subject to reduction as described in division | 14058 |
| (C)(2)(c) of this section when either of the following applies: | 14059 |
| (i) The public office or the person responsible for the | 14060 |
| public records failed to respond affirmatively or negatively to | 14061 |
| the public records request in accordance with the time allowed | 14062 |
| under division (B) of this section. | 14063 |
| (ii) The public office or the person responsible for the | 14064 |
| public records promised to permit the relator to inspect or | 14065 |
| receive copies of the public records requested within a specified | 14066 |
| period of time but failed to fulfill that promise within that | 14067 |
| specified period of time. | 14068 |
| (c) Court costs and reasonable attorney's fees awarded under | 14069 |
| this section shall be construed as remedial and not punitive. | 14070 |
| Reasonable attorney's fees shall include reasonable fees incurred | 14071 |
| to produce proof of the reasonableness and amount of the fees and | 14072 |
| to otherwise litigate entitlement to the fees. The court may | 14073 |
| reduce an award of attorney's fees to the relator or not award | 14074 |
| attorney's fees to the relator if the court determines both of the | 14075 |
| following: | 14076 |
| (i) That, based on the ordinary application of statutory law | 14077 |
| and case law as it existed at the time of the conduct or | 14078 |
| threatened conduct of the public office or person responsible for | 14079 |
| the requested public records that allegedly constitutes a failure | 14080 |
| to comply with an obligation in accordance with division (B) of | 14081 |
| this section and that was the basis of the mandamus action, a | 14082 |
| well-informed public office or person responsible for the | 14083 |
| requested public records reasonably would believe that the conduct | 14084 |
| or threatened conduct of the public office or person responsible | 14085 |
| for the requested public records did not constitute a failure to | 14086 |
| comply with an obligation in accordance with division (B) of this | 14087 |
| section; | 14088 |
| (ii) That a well-informed public office or person responsible | 14089 |
| for the requested public records reasonably would believe that the | 14090 |
| conduct or threatened conduct of the public office or person | 14091 |
| responsible for the requested public records as described in | 14092 |
| division (C)(2)(c)(i) of this section would serve the public | 14093 |
| policy that underlies the authority that is asserted as permitting | 14094 |
| that conduct or threatened conduct. | 14095 |
| (D) Chapter 1347. of the Revised Code does not limit the | 14096 |
| provisions of this section. | 14097 |
| (E)(1) To ensure that all employees of public offices are | 14098 |
| appropriately educated about a public office's obligations under | 14099 |
| division (B) of this section, all elected officials or their | 14100 |
| appropriate designees shall attend training approved by the | 14101 |
| attorney general as provided in section 109.43 of the Revised | 14102 |
| Code. In addition, all public offices shall adopt a public records | 14103 |
| policy in compliance with this section for responding to public | 14104 |
| records requests. In adopting a public records policy under this | 14105 |
| division, a public office may obtain guidance from the model | 14106 |
| public records policy developed and provided to the public office | 14107 |
| by the attorney general under section 109.43 of the Revised Code. | 14108 |
| Except as otherwise provided in this section, the policy may not | 14109 |
| limit the number of public records that the public office will | 14110 |
| make available to a single person, may not limit the number of | 14111 |
| public records that it will make available during a fixed period | 14112 |
| of time, and may not establish a fixed period of time before it | 14113 |
| will respond to a request for inspection or copying of public | 14114 |
| records, unless that period is less than eight hours. | 14115 |
| (2) The public office shall distribute the public records | 14116 |
| policy adopted by the public office under division (E)(1) of this | 14117 |
| section to the employee of the public office who is the records | 14118 |
| custodian or records manager or otherwise has custody of the | 14119 |
| records of that office. The public office shall require that | 14120 |
| employee to acknowledge receipt of the copy of the public records | 14121 |
| policy. The public office shall create a poster that describes its | 14122 |
| public records policy and shall post the poster in a conspicuous | 14123 |
| place in the public office and in all locations where the public | 14124 |
| office has branch offices. The public office may post its public | 14125 |
| records policy on the internet web site of the public office if | 14126 |
| the public office maintains an internet web site. A public office | 14127 |
| that has established a manual or handbook of its general policies | 14128 |
| and procedures for all employees of the public office shall | 14129 |
| include the public records policy of the public office in the | 14130 |
| manual or handbook. | 14131 |
| (F)(1) The bureau of motor vehicles may adopt rules pursuant | 14132 |
| to Chapter 119. of the Revised Code to reasonably limit the number | 14133 |
| of bulk commercial special extraction requests made by a person | 14134 |
| for the same records or for updated records during a calendar | 14135 |
| year. The rules may include provisions for charges to be made for | 14136 |
| bulk commercial special extraction requests for the actual cost of | 14137 |
| the bureau, plus special extraction costs, plus ten per cent. The | 14138 |
| bureau may charge for expenses for redacting information, the | 14139 |
| release of which is prohibited by law. | 14140 |
| (2) As used in division (F)(1) of this section: | 14141 |
| (a) "Actual cost" means the cost of depleted supplies, | 14142 |
| records storage media costs, actual mailing and alternative | 14143 |
| delivery costs, or other transmitting costs, and any direct | 14144 |
| equipment operating and maintenance costs, including actual costs | 14145 |
| paid to private contractors for copying services. | 14146 |
| (b) "Bulk commercial special extraction request" means a | 14147 |
| request for copies of a record for information in a format other | 14148 |
| than the format already available, or information that cannot be | 14149 |
| extracted without examination of all items in a records series, | 14150 |
| class of records, or data base by a person who intends to use or | 14151 |
| forward the copies for surveys, marketing, solicitation, or resale | 14152 |
| for commercial purposes. "Bulk commercial special extraction | 14153 |
| request" does not include a request by a person who gives | 14154 |
| assurance to the bureau that the person making the request does | 14155 |
| not intend to use or forward the requested copies for surveys, | 14156 |
| marketing, solicitation, or resale for commercial purposes. | 14157 |
| (c) "Commercial" means profit-seeking production, buying, or | 14158 |
| selling of any good, service, or other product. | 14159 |
| (d) "Special extraction costs" means the cost of the time | 14160 |
| spent by the lowest paid employee competent to perform the task, | 14161 |
| the actual amount paid to outside private contractors employed by | 14162 |
| the bureau, or the actual cost incurred to create computer | 14163 |
| programs to make the special extraction. "Special extraction | 14164 |
| costs" include any charges paid to a public agency for computer or | 14165 |
| records services. | 14166 |
| (3) For purposes of divisions (F)(1) and (2) of this section, | 14167 |
| "surveys, marketing, solicitation, or resale for commercial | 14168 |
| purposes" shall be narrowly construed and does not include | 14169 |
| reporting or gathering news, reporting or gathering information to | 14170 |
| assist citizen oversight or understanding of the operation or | 14171 |
| activities of government, or nonprofit educational research. | 14172 |
| Sec. 149.45. (A) As used in this section: | 14173 |
| (1) "Personal information" means any of the following: | 14174 |
| (a) An individual's social security number; | 14175 |
| (b) An individual's federal tax identification number; | 14176 |
| (c) An individual's driver's license number or state | 14177 |
| identification number; | 14178 |
| (d) An individual's checking account number, savings account | 14179 |
| number, or credit card number. | 14180 |
| (2) "Public record" and "peace officer, parole officer, | 14181 |
| prosecuting attorney, assistant prosecuting attorney, | 14182 |
|
correctional employee,
youth services employee,
firefighter, | 14183 |
| EMT, or investigator of the bureau of criminal identification and | 14184 |
| investigation residential and familial information" have the same | 14185 |
| meanings as in section 149.43 of the Revised Code. | 14186 |
| (3) "Truncate" means to redact all but the last four digits | 14187 |
| of an individual's social security number. | 14188 |
| (B)(1) No public office or person responsible for a public | 14189 |
| office's public records shall make available to the general public | 14190 |
| on the internet any document that contains an individual's social | 14191 |
| security number without otherwise redacting, encrypting, or | 14192 |
| truncating the social security number. | 14193 |
| (2) A public office or person responsible for a public | 14194 |
| office's public records that prior to the effective date of this | 14195 |
| section made available to the general public on the internet any | 14196 |
| document that contains an individual's social security number | 14197 |
| shall redact, encrypt, or truncate the social security number | 14198 |
| from that document. | 14199 |
| (3) Divisions (B)(1) and (2) of this section do not apply to | 14200 |
| documents that are only accessible through the internet with a | 14201 |
| password. | 14202 |
| (C)(1) An individual may request that a public office or a | 14203 |
| person responsible for a public office's public records redact | 14204 |
| personal information of that individual from any record made | 14205 |
| available to the general public on the internet. An individual who | 14206 |
| makes a request for redaction pursuant to this division shall | 14207 |
| make the request in writing on a form developed by the attorney | 14208 |
| general and shall specify the personal information to be | 14209 |
| redacted and provide any information that identifies the | 14210 |
| location of that personal information within a document that | 14211 |
| contains that personal information. | 14212 |
| (2) Upon receiving a request for a redaction pursuant to | 14213 |
| division (C)(1) of this section, a public office or a person | 14214 |
| responsible for a public office's public records shall act within | 14215 |
| five business days in accordance with the request to redact the | 14216 |
| personal information of the individual from any record made | 14217 |
| available to the general public on the internet, if practicable. | 14218 |
| If a redaction is not practicable, the public office or person | 14219 |
| responsible for the public office's public records shall verbally | 14220 |
| or in writing within five business days after receiving the | 14221 |
| written request explain to the individual why the redaction is | 14222 |
| impracticable. | 14223 |
| (3) The attorney general shall develop a form to be used by | 14224 |
| an individual to request a redaction pursuant to division (C)(1) | 14225 |
| of this section. The form shall include a place to provide any | 14226 |
| information that identifies the location of the personal | 14227 |
| information to be redacted. | 14228 |
| (D)(1) A peace officer, parole officer, prosecuting | 14229 |
| attorney, assistant prosecuting attorney, correctional employee, | 14230 |
|
youth
services employee, firefighter, | 14231 |
| the bureau of criminal identification and investigation may | 14232 |
| request that a public office other than a county auditor or a | 14233 |
| person responsible for the public records of a public office | 14234 |
| other than a county auditor redact the address of the person | 14235 |
| making the request from any record made available to the general | 14236 |
| public on the internet that includes peace officer, parole | 14237 |
| officer, prosecuting attorney, assistant prosecuting attorney, | 14238 |
| correctional employee, youth services employee, firefighter, | 14239 |
| 14240 | |
| and investigation residential and familial information of the | 14241 |
| person making the request. A person who makes a request for a | 14242 |
| redaction pursuant to this division shall make the request in | 14243 |
| writing and on a form developed by the attorney general. | 14244 |
| (2) Upon receiving a written request for a redaction pursuant | 14245 |
| to division (D)(1) of this section, a public office other than a | 14246 |
| county auditor or a person responsible for the public records of a | 14247 |
| public office other than a county auditor shall act within five | 14248 |
| business days in accordance with the request to redact the | 14249 |
| address of the peace officer, parole officer, prosecuting | 14250 |
| attorney, assistant prosecuting attorney, correctional employee, | 14251 |
|
youth services employee, firefighter, | 14252 |
| the bureau of criminal identification and investigation making the | 14253 |
| request from any record made available to the general public on | 14254 |
| the internet that includes peace officer, parole officer, | 14255 |
| prosecuting attorney, assistant prosecuting attorney, | 14256 |
|
correctional employee,
youth services
employee, firefighter, | 14257 |
| EMT, or investigator of the bureau of criminal identification and | 14258 |
| investigation residential and familial information of the person | 14259 |
| making the request, if practicable. If a redaction is not | 14260 |
| practicable, the public office or person responsible for the | 14261 |
| public office's public records shall verbally or in writing | 14262 |
| within five business days after receiving the written request | 14263 |
| explain to the peace officer, parole officer, prosecuting | 14264 |
| attorney, assistant prosecuting attorney, correctional employee, | 14265 |
|
youth services
employee, firefighter, | 14266 |
| the bureau of criminal identification and investigation why the | 14267 |
| redaction is impracticable. | 14268 |
| (3) Except as provided in this section and section 319.28 of | 14269 |
| the Revised Code, a public office other than an employer of a | 14270 |
| peace officer, parole officer, prosecuting attorney, assistant | 14271 |
| prosecuting attorney, correctional employee, youth services | 14272 |
|
employee, firefighter, | 14273 |
| criminal identification and investigation or a person responsible | 14274 |
| for the public records of the employer is not required to redact | 14275 |
| the residential and familial information of the peace officer, | 14276 |
| parole officer, prosecuting attorney, assistant prosecuting | 14277 |
| attorney, correctional employee, youth services employee, | 14278 |
|
firefighter, | 14279 |
| identification and investigation from other records maintained by | 14280 |
| the public office. | 14281 |
| (4) The attorney general shall develop a form to be used by a | 14282 |
| peace officer, parole officer, prosecuting attorney, assistant | 14283 |
| prosecuting attorney, correctional employee, youth services | 14284 |
|
employee, firefighter, | 14285 |
| criminal identification and investigation to request a redaction | 14286 |
| pursuant to division (D)(1) of this section. The form shall | 14287 |
| include a place to provide any information that identifies the | 14288 |
| location of the address of a peace officer, parole officer, | 14289 |
| prosecuting attorney, assistant prosecuting attorney, | 14290 |
|
correctional employee, youth
services employee, firefighter, | 14291 |
| EMT, or investigator of the bureau of criminal identification and | 14292 |
| investigation to be redacted. | 14293 |
| (E)(1) If a public office or a person responsible for a | 14294 |
| public office's public records becomes aware that an electronic | 14295 |
| record of that public office that is made available to the | 14296 |
| general public on the internet contains an individual's social | 14297 |
| security number that was mistakenly not redacted, encrypted, or | 14298 |
| truncated as required by division (B)(1) or (2) of this section, | 14299 |
| the public office or person responsible for the public office's | 14300 |
| public records shall redact, encrypt, or truncate the | 14301 |
| individual's social security number within a reasonable period of | 14302 |
| time. | 14303 |
| (2) A public office or a person responsible for a public | 14304 |
| office's public records is not liable in damages in a civil action | 14305 |
| for any harm an individual allegedly sustains as a result of the | 14306 |
| inclusion of that individual's personal information on any record | 14307 |
| made available to the general public on the internet or any harm a | 14308 |
| peace officer, parole officer, prosecuting attorney, assistant | 14309 |
| prosecuting attorney, correctional employee, youth services | 14310 |
|
employee, firefighter, | 14311 |
| criminal identification and investigation sustains as a result of | 14312 |
| the inclusion of the address of the peace officer, parole | 14313 |
| officer, prosecuting attorney, assistant prosecuting attorney, | 14314 |
|
correctional employee, youth services employee,
firefighter, | 14315 |
| EMT, or investigator of the bureau of criminal identification and | 14316 |
| investigation on any record made available to the general public | 14317 |
| on the internet in violation of this section unless the public | 14318 |
| office or person responsible for the public office's public | 14319 |
| records acted with malicious purpose, in bad faith, or in a | 14320 |
| wanton or reckless manner or division (A)(6)(a) or (c) of | 14321 |
| section 2744.03 of the Revised Code applies. | 14322 |
| Sec. 150.01. (A) As used in this chapter: | 14323 |
| (1) "Authority" means the Ohio venture capital authority | 14324 |
| created under section 150.02 of the Revised Code. | 14325 |
| (2) "Issuer" means a port authority organized and existing | 14326 |
| under applicable provisions of Chapter 4582. of the Revised Code | 14327 |
| that, pursuant to an agreement entered into under division (E) of | 14328 |
| section 150.02 of the Revised Code, issues or issued obligations | 14329 |
| to fund one or more loans to the program fund. | 14330 |
| (3) "Lender" means any person that lends money to the program | 14331 |
| fund as provided in this chapter and includes any lender and any | 14332 |
| trustee. | 14333 |
| | 14334 |
| lender's loan to the program fund. Such a loss is incurred only if | 14335 |
| and to the extent a program administrator fails to satisfy its | 14336 |
| obligations to the lender to make timely payments of principal or | 14337 |
| interest as provided in the loan agreement between the lender and | 14338 |
| the program administrator. "Loss" does not include either of the | 14339 |
| following: | 14340 |
| (a) Any loss incurred by the program fund, including a loss | 14341 |
| attributable to any investment made by a program administrator; | 14342 |
| (b) Any loss of the capital required to be provided by a | 14343 |
| program administrator, or income accruing to that capital, under | 14344 |
| the agreement entered into under division (B) of section 150.05 of | 14345 |
| the Revised Code. | 14346 |
| | 14347 |
| is engaged in business, that employs at least one individual on a | 14348 |
| full-time or part-time basis at a place of business in this state, | 14349 |
| including a person engaged in business if that person is a | 14350 |
| self-employed individual, and that is in the seed or early stage | 14351 |
| of business development requiring initial or early stage funding | 14352 |
| or is an established business enterprise developing new methods or | 14353 |
| technologies. | 14354 |
| | 14355 |
| capital fund having its principal office in this state, where the | 14356 |
| majority of the fund's staff are employed and where at least one | 14357 |
| investment professional is employed who has at least five years of | 14358 |
| experience in venture capital investment. | 14359 |
| | 14360 |
| capital fund managed by the program administrator or a fund | 14361 |
| manager appointed by the program administrator that is capitalized | 14362 |
| exclusively by program fund investments in accordance with the | 14363 |
| investment policy adopted under section 150.03 of the Revised | 14364 |
| Code. | 14365 |
| (8) "Program fund" means the fund created under section | 14366 |
| 150.03 of the Revised Code. | 14367 |
| (9) "Research and development purposes" has the same meaning | 14368 |
| as used in Section 2p of Article VIII, Ohio Constitution, and | 14369 |
| includes the development of sites and facilities in this state for | 14370 |
| and in support of those research and development purposes. | 14371 |
| (10) "Trustee" means a trust company or a bank with corporate | 14372 |
| trust powers, in either case having a place of business in this | 14373 |
| state and acting in its capacity as a trustee pursuant to a trust | 14374 |
| agreement under which an issuer issues obligations to fund loans | 14375 |
| to the program fund. | 14376 |
| (B) The general assembly declares that its purpose in | 14377 |
| enacting Chapter 150. of the Revised Code is to increase the | 14378 |
| amount of private investment capital available in this state for | 14379 |
| Ohio-based business enterprises in the seed or early stages of | 14380 |
| business development and requiring initial or early stage funding, | 14381 |
| as well as established Ohio-based business enterprises developing | 14382 |
| new methods or technologies, including the promotion of research | 14383 |
| and development purposes, thereby increasing employment, creating | 14384 |
| additional wealth, and otherwise benefiting the economic welfare | 14385 |
| of the people of this state. Accordingly, it is the intention of | 14386 |
| the general assembly that the program fund make its investments in | 14387 |
| support of Ohio-based business enterprises and that the Ohio | 14388 |
| venture capital authority focus its investment policy principally | 14389 |
| on venture capital funds investing in such Ohio-based business | 14390 |
| enterprises. The general assembly finds and determines that this | 14391 |
| chapter and the investment policy, and actions taken under and | 14392 |
| consistent therewith, will promote and implement the public | 14393 |
| purposes of Section 2p of Article VIII, Ohio Constitution. | 14394 |
| Sec. 150.02. (A) There is hereby created the Ohio venture | 14395 |
| capital authority, which shall exercise the powers and perform the | 14396 |
| duties prescribed by this chapter. The exercise by the authority | 14397 |
| of its powers and duties is hereby declared to be an essential | 14398 |
| state governmental function. The authority is subject to all laws | 14399 |
| generally applicable to state agencies and public officials, | 14400 |
| including, but not limited to, Chapter 119. and sections 121.22 | 14401 |
| and 149.43 of the Revised Code, to the extent those laws do not | 14402 |
| conflict with this chapter. | 14403 |
| (B) The authority shall consist of nine members. Seven of | 14404 |
| the members shall be appointed by the governor, with the advice | 14405 |
| and consent of the senate, from among the general public. All | 14406 |
| appointed members shall have experience in the field of banking, | 14407 |
| investments, commercial law, or industry relevant to the purpose | 14408 |
| of the Ohio venture capital program as stated in section 150.01 | 14409 |
| of the Revised Code. The director of development and tax | 14410 |
| commissioner or their designees shall be ex officio, nonvoting | 14411 |
| members. | 14412 |
| Initial gubernatorial appointees to the authority shall serve | 14413 |
| staggered terms, with one term expiring on January 31, 2004, two | 14414 |
| terms expiring on January 31, 2005, two terms expiring on January | 14415 |
| 31, 2006, and two terms expiring on January 31, 2007. Thereafter, | 14416 |
| terms of office for all appointees shall be for four years, with | 14417 |
| each term ending on the same day of the same month as did the term | 14418 |
| that it succeeds. A vacancy on the authority shall be filled in | 14419 |
| the same manner as the original appointment, except that a person | 14420 |
| appointed to fill a vacancy shall be appointed to the remainder of | 14421 |
| the unexpired term. Any appointed member of the authority is | 14422 |
| eligible for reappointment. | 14423 |
| A member of the authority may be removed by the member's | 14424 |
| appointing authority for misfeasance, malfeasance, willful neglect | 14425 |
| of duty, or other cause, after notice and a public hearing, unless | 14426 |
| the notice and hearing are waived in writing by the member. | 14427 |
| (C) Members of the authority shall serve without | 14428 |
| compensation, but shall receive their reasonable and necessary | 14429 |
| expenses incurred in the conduct of authority business. The | 14430 |
| governor shall designate a member of the authority to serve as | 14431 |
| chairperson. A majority of the voting members of the authority | 14432 |
| constitutes a quorum, and the affirmative vote of a majority of | 14433 |
| the voting members present is necessary for any action taken by | 14434 |
| the authority. A vacancy in the voting membership of the authority | 14435 |
| does not impair the right of a quorum to exercise all rights and | 14436 |
| perform all duties of the authority. | 14437 |
| (D) The department of development shall provide the authority | 14438 |
| with office space and such technical assistance as the authority | 14439 |
| requires. | 14440 |
| (E) The authority and an issuer may cooperate in promoting | 14441 |
| the public purposes of the Ohio venture capital program as stated | 14442 |
| in section 150.01 of the Revised Code and shall enter into such | 14443 |
| agreements as the authority and the issuer shall deem appropriate, | 14444 |
| with a view to cooperative action and safeguarding of the | 14445 |
| respective interests of the parties thereto. Any agreement shall | 14446 |
| provide for the rights, duties, and responsibilities of the | 14447 |
| parties and any limitations thereon, shall provide for the terms | 14448 |
| on which any tax credits to be issued to the issuer or a trustee | 14449 |
| pursuant to section 150.07 of the Revised Code shall be issued and | 14450 |
| claimed, and shall provide terms as may be mutually satisfactory | 14451 |
| to the parties including, but not limited to, requirements for | 14452 |
| reporting, and a plan, prepared by the program administrator and | 14453 |
| acceptable to the authority and the issuer, designed to evidence | 14454 |
| and ensure compliance with division (D) of section 150.03 of the | 14455 |
| Revised Code and Section 2p of Article VIII, Ohio Constitution. | 14456 |
| Sec. 150.03. Within
ninety days after | 14457 |
| 14458 | |
| subsequently may modify as it considers necessary, a written | 14459 |
| investment policy governing the investment of money from the | 14460 |
| program fund, which is hereby created. The program fund shall | 14461 |
| consist of the proceeds of loans acquired by a program | 14462 |
| administrator. The authority is subject to Chapter 119. of the | 14463 |
| Revised Code with respect to the establishment or modification of | 14464 |
| the policy. The policy shall meet all the following requirements: | 14465 |
| (A) It is consistent with the purpose of the program stated | 14466 |
| in section 150.01 of the Revised Code. | 14467 |
| (B) Subject to divisions (C), (D), and (E) of this section, | 14468 |
| it permits the investment of money from the program fund in | 14469 |
| private, for-profit venture capital funds, including funds of | 14470 |
| funds, that invest in enterprises in the seed or early stage of | 14471 |
| business development or established business enterprises | 14472 |
| developing new methods or technologies, and that demonstrate | 14473 |
| potential to generate high levels of successful investment | 14474 |
| performance. | 14475 |
| (C) It specifies that, exclusive of any program fund money | 14476 |
| invested in an Ohio co-investment fund, a program administrator or | 14477 |
| fund manager employed by the program administrator shall invest | 14478 |
| not less than seventy-five per cent of program fund money under | 14479 |
| its investment authority in Ohio-based venture capital funds. | 14480 |
| (D) It specifies | 14481 |
| (1) That not less than an amount equal to fifty per cent of | 14482 |
|
program fund money invested in any venture capital
fund | 14483 |
| invested by the venture capital fund in Ohio-based business | 14484 |
| enterprises; | 14485 |
| (2) That one hundred per cent of program fund money invested | 14486 |
| in any Ohio co-investment fund is invested by the Ohio | 14487 |
| co-investment fund in Ohio-based business enterprises; and | 14488 |
| (3) That, commencing with the first program fund investment | 14489 |
| in each venture capital fund, the aggregate amount invested in | 14490 |
| Ohio-based business enterprises by all venture capital funds in | 14491 |
| which the program fund has invested is not less than the aggregate | 14492 |
| amount of all program fund money invested in those venture capital | 14493 |
| funds. | 14494 |
| (E) It specifies that a program administrator or fund manager | 14495 |
| employed by the program administrator shall not invest money from | 14496 |
| the program fund in a venture capital fund to the extent that the | 14497 |
| total amount of program fund money invested in the venture capital | 14498 |
|
fund | 14499 |
| 14500 | |
| 14501 |
| (1) In the case of an Ohio co-investment fund, the lesser of | 14502 |
| the following: | 14503 |
| (a) One hundred million dollars; | 14504 |
| (b) Fifty per cent of the total amount of capital committed | 14505 |
| to all venture capital funds by the program fund. | 14506 |
| (2) In the case of any venture capital fund that is not an | 14507 |
| Ohio co-investment fund, the lesser of the following: | 14508 |
| (a) Ten million dollars; | 14509 |
| | 14510 |
| fund, fifty per cent of the total amount of capital committed to | 14511 |
| the fund from all sources, after accounting for capital committed | 14512 |
| from the program fund; | 14513 |
| | 14514 |
| per cent of the total amount of capital committed to the fund | 14515 |
| from all sources, after accounting for capital committed from the | 14516 |
| program fund. | 14517 |
| (F) It specifies that a program administrator or fund manager | 14518 |
| employed by the program administrator shall not commit capital | 14519 |
| from the program fund to a venture capital fund other than an Ohio | 14520 |
| co-investment fund until the venture capital fund receives | 14521 |
| commitment of at least the same amount from other investors in | 14522 |
| the fund, and shall not permit capital from an Ohio co-investment | 14523 |
| fund to be committed to any investment until the Ohio-based | 14524 |
| business enterprise in which the investment is to be made receives | 14525 |
| a commitment of at least the same amount from other investors that | 14526 |
| are independent of and under management independent of the program | 14527 |
| administrator and any fund manager employed by the program | 14528 |
| administrator. | 14529 |
| (G) It specifies the general conditions a private, for-profit | 14530 |
| investment fund must meet to be selected as a program | 14531 |
| administrator under section 150.05 of the Revised Code, including, | 14532 |
| as a significant selection standard, direct experience managing | 14533 |
| external or nonproprietary capital in private equity fund of funds | 14534 |
| formats. | 14535 |
| (H) It specifies the criteria the authority must consider | 14536 |
| when making a determination under division (B)(1) of section | 14537 |
| 150.04 of the Revised Code. | 14538 |
| (I) It includes investment standards and general limitations | 14539 |
| on allowable investments that the authority considers reasonable | 14540 |
| and necessary to achieve the purposes of this chapter as stated in | 14541 |
| division (B) of section 150.01 of the Revised Code, minimize the | 14542 |
| need for the authority to grant tax credits under section 150.07 | 14543 |
| of the Revised Code, ensure compliance of the program | 14544 |
| administrators with all applicable laws of this state and the | 14545 |
| United States, and ensure the safety and soundness of investments | 14546 |
| of money from the program fund. | 14547 |
| (J) It prohibits the investment of money from the program | 14548 |
| fund directly in persons other than venture capital funds, except | 14549 |
| for temporary investment in investment grade debt securities or | 14550 |
| temporary deposit in interest-bearing accounts or funds pending | 14551 |
| permanent investment in venture capital funds. | 14552 |
| Sec. 150.04. (A) The investment policy established or | 14553 |
| modified under section 150.03 of the Revised Code shall specify | 14554 |
| the terms and conditions under which the authority may grant tax | 14555 |
| credits under section 150.07 of the Revised Code, subject to that | 14556 |
| section and division (B) of this section, to provide security | 14557 |
| against lenders' losses. | 14558 |
| (B) Nothing in this chapter authorizes the providing of | 14559 |
| security against losses on any bases other than the following: | 14560 |
| (1) The application first of moneys of the Ohio venture | 14561 |
| capital fund, created under section 150.08 of the Revised Code, | 14562 |
| that the authority, under the criteria in its investment policy, | 14563 |
| determines may be expended without adversely affecting the ability | 14564 |
| of the authority to continue fulfilling the purpose of this | 14565 |
| chapter as stated in section 150.01 of the Revised Code; and then | 14566 |
| (2) The granting of tax credits pursuant to section 150.07 of | 14567 |
| the Revised Code, but only to the extent moneys under division | 14568 |
| (B)(1) of this section are insufficient, including to fund | 14569 |
| reserves maintained by or on behalf of an issuer to the extent | 14570 |
| consistent with an agreement between the authority and the issuer | 14571 |
| entered into under division (E) of section 150.02 of the Revised | 14572 |
| Code. | 14573 |
| Sec. 150.07. (A) For the purpose stated in section 150.01 of | 14574 |
| the Revised Code, the authority may authorize a lender to claim | 14575 |
| one of the refundable tax credits allowed under section 5707.031, | 14576 |
| 5725.19, 5727.241, 5729.08, 5733.49, or 5747.80 of the Revised | 14577 |
| Code. The credits shall be authorized by a written contract with | 14578 |
| the lender. The contract shall specify the terms under which the | 14579 |
| lender may claim the credit, including the amount of loss, if any, | 14580 |
| the lender must incur before the lender may claim the credit; | 14581 |
| specify that the credit shall not exceed the amount of the loss; | 14582 |
| and specify that the lender may claim the credit only for a loss | 14583 |
| certified by a program administrator to the authority under the | 14584 |
| procedures prescribed under division (B)(6) of section 150.05 of | 14585 |
| the Revised Code. | 14586 |
| (B) Tax credits may be authorized at any time after the | 14587 |
| authority establishes the investment policy under section 150.03 | 14588 |
| of the Revised Code, but a tax credit so authorized may not be | 14589 |
| claimed until the beginning of the fifth year after the authority | 14590 |
| establishes the investment policy. A tax credit may not be claimed | 14591 |
|
after June 30, | 14592 |
| (C)(1) Upon receiving certification of a lender's loss from a | 14593 |
| program administrator pursuant to the procedures in the investment | 14594 |
| policy, the authority shall issue a tax credit certificate to the | 14595 |
| lender, except as otherwise provided in division (D) of this | 14596 |
| section. | 14597 |
| (2) If the lender is a pass-through entity, as defined in | 14598 |
| section 5733.04 of the Revised Code, then each equity investor in | 14599 |
| the lender pass-through entity shall be entitled to claim one of | 14600 |
| the tax credits allowed under division (A) of this section for | 14601 |
| that equity investor's taxable year in which or with which ends | 14602 |
| the taxable year of the lender pass-through entity in an amount | 14603 |
| based on the equity investor's distributive or proportionate share | 14604 |
| of the credit amount set forth in the certificate issued by the | 14605 |
| authority. If all equity investors of the lender pass-through | 14606 |
| entity are not eligible to claim a credit against the same tax set | 14607 |
| forth in division (A) of this section, then each equity investor | 14608 |
| may elect to claim a credit against the tax to which the equity | 14609 |
| investor is subject to in an amount based on the equity investor's | 14610 |
| distributive or proportionate share of the credit amount set forth | 14611 |
| in the certificate issued by the authority. | 14612 |
| (3) The certificate shall state the amount of the credit and | 14613 |
| the calendar year under section 5707.031, 5725.19, 5727.241, or | 14614 |
| 5729.08, the tax year under section 5733.49, or the taxable year | 14615 |
| under section 5747.80 of the Revised Code for which the credit may | 14616 |
| be claimed. The authority, in conjunction with the tax | 14617 |
| commissioner, shall develop a system for issuing tax credit | 14618 |
| certificates for the purpose of verifying that any credit claimed | 14619 |
| is a credit issued under this section and is properly taken in the | 14620 |
| year specified in the certificate and in compliance with division | 14621 |
| (B) of this section. | 14622 |
| (D) The authority shall not, in any fiscal year, issue tax | 14623 |
| credit certificates in a total amount exceeding twenty million | 14624 |
| dollars. | 14625 |
| (E) Notwithstanding anything in this section or in any other | 14626 |
| section of this chapter or in Chapter 5707., 5725., 5727., 5729., | 14627 |
| 5733., or 5747. of the Revised Code, an issuer or a trustee on | 14628 |
| behalf of an issuer shall have, subject to the terms of the | 14629 |
| agreement entered into by the issuer and the authority under | 14630 |
| division (E) of section 150.02 of the Revised Code, the right to | 14631 |
| receive and claim the credits authorized under this section and | 14632 |
| solely for those purposes shall be deemed a taxpayer under | 14633 |
| applicable provisions of each such chapter, entitled to file a tax | 14634 |
| return, an amended tax return, or an estimated tax return at such | 14635 |
| times as are permitted or required under the applicable chapter, | 14636 |
| but solely for the purpose of claiming credits issued to the | 14637 |
| issuer or the trustee. Nothing in this section shall require an | 14638 |
| issuer or a trustee to file a tax return under any chapter for any | 14639 |
| purpose other than claiming such credits if the issuer or trustee | 14640 |
| is not otherwise required to make such a filing. | 14641 |
| Sec. 152.09. (A) As used in sections 152.06 and 152.09 to | 14642 |
| 152.33 of the Revised Code: | 14643 |
| (1) "Obligations" means bonds, notes, or other evidences of | 14644 |
| obligation, including interest coupons pertaining thereto, issued | 14645 |
| pursuant to sections 152.09 to 152.33 of the Revised Code. | 14646 |
| (2) "State agencies" means the state of Ohio and branches, | 14647 |
| officers, boards, commissions, authorities, departments, | 14648 |
| divisions, courts, general assembly, or other units or agencies of | 14649 |
| the state. "State agency" also includes counties, municipal | 14650 |
| corporations, and governmental entities of this state that enter | 14651 |
| into leases with the Ohio building authority pursuant to section | 14652 |
| 152.31 of the Revised Code or that are designated by law as state | 14653 |
| agencies for the purpose of performing a state function that is to | 14654 |
| be housed by a capital facility for which the Ohio building | 14655 |
| authority is authorized to issue revenue obligations pursuant to | 14656 |
| sections 152.09 to 152.33 of the Revised Code. | 14657 |
| (3) "Bond service charges" means principal, including | 14658 |
| mandatory sinking fund requirements for retirement of obligations, | 14659 |
| and interest, and redemption premium, if any, required to be paid | 14660 |
| by the Ohio building authority on obligations. | 14661 |
| (4) "Capital facilities" means buildings, structures, and | 14662 |
| other improvements, and equipment, real estate, and interests in | 14663 |
| real estate therefor, within the state, and any one, part of, or | 14664 |
| combination of the foregoing, for housing of branches and agencies | 14665 |
| of state government, including capital facilities for the purpose | 14666 |
| of housing personnel, equipment, or functions, or any combination | 14667 |
| thereof that the state agencies are responsible for housing, for | 14668 |
| which the Ohio building authority is authorized to issue | 14669 |
| obligations pursuant to Chapter 152. of the Revised Code, and | 14670 |
| includes storage and parking facilities related to such capital | 14671 |
| facilities. For purposes of sections 152.10 to 152.15 of the | 14672 |
| Revised Code, "capital facilities" includes community or technical | 14673 |
| college capital facilities. | 14674 |
| (5) "Cost of capital facilities" means the costs of | 14675 |
| assessing, planning, acquiring, constructing, reconstructing, | 14676 |
| rehabilitating, remodeling, renovating, enlarging, improving, | 14677 |
| altering, maintaining, equipping, furnishing, repairing, painting, | 14678 |
| decorating, managing, or operating capital facilities, and the | 14679 |
| financing thereof, including the cost of clearance and preparation | 14680 |
| of the site and of any land to be used in connection with capital | 14681 |
| facilities, the cost of participating in capital facilities | 14682 |
| pursuant to section 152.33 of the Revised Code, the cost of any | 14683 |
| indemnity and surety bonds and premiums on insurance, all related | 14684 |
| direct administrative expenses and allocable portions of direct | 14685 |
| costs of the authority and lessee state agencies, cost of | 14686 |
| engineering and architectural services, designs, plans, | 14687 |
| specifications, surveys, and estimates of cost, legal fees, fees | 14688 |
| and expenses of trustees, depositories, and paying agents for the | 14689 |
| obligations, cost of issuance of the obligations and financing | 14690 |
| charges and fees and expenses of financial advisers and | 14691 |
| consultants in connection therewith, interest on obligations from | 14692 |
| the date thereof to the time when interest is to be covered from | 14693 |
| sources other than proceeds of obligations, amounts that represent | 14694 |
| the portion of investment earnings to be rebated or to be paid to | 14695 |
| the federal government in order to maintain the exclusion from | 14696 |
| gross income for federal income tax purposes of interest on those | 14697 |
| obligations pursuant to section 148(f) of the Internal Revenue | 14698 |
| Code, amounts necessary to establish reserves as required by the | 14699 |
| resolutions or the obligations, trust agreements, or indentures, | 14700 |
| costs of audits, the reimbursement of all moneys advanced or | 14701 |
| applied by or borrowed from any governmental entity, whether to or | 14702 |
| by the authority or others, from whatever source provided, for the | 14703 |
| payment of any item or items of cost of the capital facilities, | 14704 |
| any share of the cost undertaken by the authority pursuant to | 14705 |
| arrangements made with governmental entities under division (J) of | 14706 |
| section 152.21 of the Revised Code, and all other expenses | 14707 |
| necessary or incident to assessing, planning, or determining the | 14708 |
| feasibility or practicability with respect to capital facilities, | 14709 |
| and such other expenses as may be necessary or incident to the | 14710 |
| assessment, planning, acquisition, construction, reconstruction, | 14711 |
| rehabilitation, remodeling, renovation, enlargement, improvement, | 14712 |
| alteration, maintenance, equipment, furnishing, repair, painting, | 14713 |
| decoration, management, or operation of capital facilities, the | 14714 |
| financing thereof and the placing of the same in use and | 14715 |
| operation, including any one, part of, or combination of such | 14716 |
| classes of costs and expenses. | 14717 |
| (6) "Governmental entity" means any state agency, municipal | 14718 |
| corporation, county, township, school district, and any other | 14719 |
| political subdivision or special district in this state | 14720 |
| established pursuant to law, and, except where otherwise | 14721 |
| indicated, also means the United States or any of the states or | 14722 |
| any department, division, or agency thereof, and any agency, | 14723 |
| commission, or authority established pursuant to an interstate | 14724 |
| compact or agreement. | 14725 |
| (7) "Governing body" means: | 14726 |
| (a) In the case of a county, the board of county | 14727 |
| commissioners or other legislative authority; in the case of a | 14728 |
| municipal corporation, the legislative authority; in the case of a | 14729 |
| township, the board of township trustees; in the case of a school | 14730 |
| district, the board of education; | 14731 |
| (b) In the case of any other governmental entity, the | 14732 |
| officer, board, commission, authority, or other body having the | 14733 |
| general management of the entity or having jurisdiction or | 14734 |
| authority in the particular circumstances. | 14735 |
| (8) "Available receipts" means fees, charges, revenues, | 14736 |
| grants, subsidies, income from the investment of moneys, proceeds | 14737 |
| from the sale of goods or services, and all other revenues or | 14738 |
| receipts received by or on behalf of any state agency for which | 14739 |
| capital facilities are financed with obligations issued under | 14740 |
| Chapter 152. of the Revised Code, any state agency participating | 14741 |
| in capital facilities pursuant to section 152.33 of the Revised | 14742 |
| Code, or any state agency by which the capital facilities are | 14743 |
| constructed or financed; revenues or receipts derived by the | 14744 |
| authority from the operation, leasing, or other disposition of | 14745 |
| capital facilities, and the proceeds of obligations issued under | 14746 |
| Chapter 152. of the Revised Code; and also any moneys appropriated | 14747 |
| by a governmental entity, gifts, grants, donations, and pledges, | 14748 |
| and receipts therefrom, available for the payment of bond service | 14749 |
| charges on such obligations. | 14750 |
| (9) "Available community or technical college receipts" means | 14751 |
| all money received by a community or technical college or | 14752 |
| community or technical college district, including income, | 14753 |
| revenues, and receipts from the operation, ownership, or control | 14754 |
| of facilities, grants, gifts, donations, and pledges and receipts | 14755 |
| therefrom, receipts from fees and charges, the allocated state | 14756 |
| share of instruction as defined in section 3333.90 of the Revised | 14757 |
| Code, and the proceeds of the sale of obligations, including | 14758 |
| proceeds of obligations issued to refund obligations previously | 14759 |
| issued, but excluding any special fee, and receipts therefrom, | 14760 |
| charged pursuant to division (D) of section 154.21 of the Revised | 14761 |
| Code. | 14762 |
| (10) "Community or technical college," "college," "community | 14763 |
| or technical college district," and "district" have the same | 14764 |
| meanings as in section 3333.90 of the Revised Code. | 14765 |
| (11) "Community or technical college capital facilities" | 14766 |
| means auxiliary facilities, education facilities, and housing and | 14767 |
| dining facilities, as those terms are defined in section 3345.12 | 14768 |
| of the Revised Code, to the extent permitted to be financed by the | 14769 |
| issuance of obligations under division (A)(2) of section 3357.112 | 14770 |
| of the Revised Code, that are authorized by sections 3354.121, | 14771 |
| 3357.112, and 3358.10 of the Revised Code to be financed by | 14772 |
| obligations issued by a community or technical college district, | 14773 |
| and for which the Ohio building authority is authorized to issue | 14774 |
| obligations pursuant to Chapter 152. of the Revised Code, and | 14775 |
| includes any one, part of, or any combination of the foregoing, | 14776 |
| and further includes site improvements, utilities, machinery, | 14777 |
| furnishings, and any separate or connected buildings, structures, | 14778 |
| improvements, sites, open space and green space areas, utilities, | 14779 |
| or equipment to be used in, or in connection with the operation or | 14780 |
| maintenance of, or supplementing or otherwise related to the | 14781 |
| services or facilities to be provided by, such facilities. | 14782 |
| (12) "Cost of community or technical college capital | 14783 |
| facilities" means the costs of acquiring, constructing, | 14784 |
| reconstructing, rehabilitating, remodeling, renovating, enlarging, | 14785 |
| improving, equipping, or furnishing community or technical college | 14786 |
| capital facilities, and the financing thereof, including the cost | 14787 |
| of clearance and preparation of the site and of any land to be | 14788 |
| used in connection with community or technical college capital | 14789 |
| facilities, the cost of any indemnity and surety bonds and | 14790 |
| premiums on insurance, all related direct administrative expenses | 14791 |
| and allocable portions of direct costs of the authority, community | 14792 |
| or technical college or community or technical college district, | 14793 |
| cost of engineering, architectural services, design, plans, | 14794 |
| specifications and surveys, estimates of cost, legal fees, fees | 14795 |
| and expenses of trustees, depositories, bond registrars, and | 14796 |
| paying agents for the obligations, cost of issuance of the | 14797 |
| obligations and financing costs and fees and expenses of financial | 14798 |
| advisers and consultants in connection therewith, interest on the | 14799 |
| obligations from the date thereof to the time when interest is to | 14800 |
| be covered by available receipts or other sources other than | 14801 |
| proceeds of the obligations, amounts that represent the portion of | 14802 |
| investment earnings to be rebated or to be paid to the federal | 14803 |
| government in order to maintain the exclusion from gross income | 14804 |
| for federal income tax purposes of interest on those obligations | 14805 |
| pursuant to section 148(f) of the Internal Revenue Code, amounts | 14806 |
| necessary to establish reserves as required by the bond | 14807 |
| proceedings, costs of audits, the reimbursements of all moneys | 14808 |
| advanced or applied by or borrowed from the community or technical | 14809 |
| college, community or technical college district, or others, from | 14810 |
| whatever source provided, including any temporary advances from | 14811 |
| state appropriations, for the payment of any item or items of cost | 14812 |
| of community or technical college facilities, and all other | 14813 |
| expenses necessary or incident to planning or determining | 14814 |
| feasibility or practicability with respect to such facilities, and | 14815 |
| such other expenses as may be necessary or incident to the | 14816 |
| acquisition, construction, reconstruction, rehabilitation, | 14817 |
| remodeling, renovation, enlargement, improvement, equipment, and | 14818 |
| furnishing of community or technical college capital facilities, | 14819 |
| the financing thereof and the placing of them in use and | 14820 |
| operation, including any one, part of, or combination of such | 14821 |
| classes of costs and expenses. | 14822 |
| (B) Pursuant to the powers granted to the general assembly | 14823 |
| under Section 2i of Article VIII, Ohio Constitution, to authorize | 14824 |
| the issuance of revenue obligations and other obligations, the | 14825 |
| owners or holders of which are not given the right to have excises | 14826 |
| or taxes levied by the general assembly for the payment of | 14827 |
| principal thereof or interest thereon, the Ohio building authority | 14828 |
| may issue obligations, in accordance with Chapter 152. of the | 14829 |
| Revised Code, and shall cause the net proceeds thereof, after any | 14830 |
| deposits of accrued interest for the payment of bond service | 14831 |
| charges and after any deposit of all or such lesser portion as the | 14832 |
| authority may direct of the premium received upon the sale of | 14833 |
| those obligations for the payment of the bond service charges, to | 14834 |
| be applied to the costs of capital facilities designated by or | 14835 |
| pursuant to act of the general assembly for housing state agencies | 14836 |
| as authorized by Chapter 152. of the Revised Code. The authority | 14837 |
| shall provide by resolution for the issuance of such obligations. | 14838 |
| The bond service charges and all other payments required to be | 14839 |
| made by the trust agreement or indenture securing such obligations | 14840 |
| shall be payable solely from available receipts of the authority | 14841 |
| pledged thereto as provided in such resolution. The available | 14842 |
| receipts pledged and thereafter received by the authority are | 14843 |
| immediately subject to the lien of such pledge without any | 14844 |
| physical delivery thereof or further act, and the lien of any such | 14845 |
| pledge is valid and binding against all parties having claims of | 14846 |
| any kind against the authority, irrespective of whether those | 14847 |
| parties have notice thereof, and creates a perfected security | 14848 |
| interest for all purposes of Chapter 1309. of the Revised Code and | 14849 |
| a perfected lien for purposes of any real property interest, all | 14850 |
| without the necessity for separation or delivery of funds or for | 14851 |
| the filing or recording of the resolution, trust agreement, | 14852 |
| indenture, or other agreement by which such pledge is created or | 14853 |
| any certificate, statement, or other document with respect | 14854 |
| thereto; and the pledge of such available receipts is effective | 14855 |
| and the money therefrom and thereof may be applied to the purposes | 14856 |
| for which pledged. Every pledge, and every covenant and agreement | 14857 |
| made with respect to the pledge, made in the resolution may | 14858 |
| therein be extended to the benefit of the owners and holders of | 14859 |
| obligations authorized by Chapter 152. of the Revised Code, the | 14860 |
| net proceeds of which are to be applied to the costs of capital | 14861 |
| facilities, and to any trustee therefor, for the further securing | 14862 |
| of the payment of the bond service charges, and all or any rights | 14863 |
| under any agreement or lease made under this section may be | 14864 |
| assigned for such purpose. Obligations may be issued at one time | 14865 |
| or from time to time, and each issue shall be dated, shall mature | 14866 |
| at such time or times as determined by the authority not exceeding | 14867 |
| forty years from the date of issue, and may be redeemable before | 14868 |
| maturity at the option of the authority at such price or prices | 14869 |
| and under such terms and conditions as are fixed by the authority | 14870 |
| prior to the issuance of the obligations. The authority shall | 14871 |
| determine the form of the obligations, fix their denominations, | 14872 |
| establish their interest rate or rates, which may be a variable | 14873 |
| rate or rates, or the maximum interest rate, and establish within | 14874 |
| or without this state a place or places of payment of bond service | 14875 |
| charges. | 14876 |
| (C) The obligations shall be signed by the authority | 14877 |
| chairperson, vice-chairperson, and secretary-treasurer, and the | 14878 |
| authority seal shall be affixed. The signatures may be facsimile | 14879 |
| signatures and the seal affixed may be a facsimile seal, as | 14880 |
| provided by resolution of the authority. Any coupons attached may | 14881 |
| bear the facsimile signature of the chairperson. In case any | 14882 |
| officer who has signed any obligations, or caused the officer's | 14883 |
| facsimile signature to be affixed thereto, ceases to be such | 14884 |
| officer before such obligations have been delivered, such | 14885 |
| obligations may, nevertheless, be issued and delivered as though | 14886 |
| the person who had signed the obligations or caused the person's | 14887 |
| facsimile signature to be affixed thereto had not ceased to be | 14888 |
| such officer. | 14889 |
| Any obligations may be executed on behalf of the authority by | 14890 |
| an officer who, on the date of execution, is the proper officer | 14891 |
| although on the date of such obligations such person was not the | 14892 |
| proper officer. | 14893 |
| (D) All obligations issued by the authority shall have all | 14894 |
| the qualities and incidents of negotiable instruments and may be | 14895 |
| issued in coupon or in registered form, or both, as the authority | 14896 |
| determines. Provision may be made for the registration of any | 14897 |
| obligations with coupons attached thereto as to principal alone or | 14898 |
| as to both principal and interest, their exchange for obligations | 14899 |
| so registered, and for the conversion or reconversion into | 14900 |
| obligations with coupons attached thereto of any obligations | 14901 |
| registered as to both principal and interest, and for reasonable | 14902 |
| charges for such registration, exchange, conversion, and | 14903 |
| reconversion. The authority may sell its obligations in any manner | 14904 |
| and for such prices as it determines, except that the authority | 14905 |
| shall sell obligations sold at public or private sale in | 14906 |
| accordance with section 152.091 of the Revised Code. | 14907 |
| (E) The obligations of the authority, principal, interest, | 14908 |
| and any proceeds from their sale or transfer, are exempt from all | 14909 |
| taxation within this state. | 14910 |
| (F) The authority is authorized to issue revenue obligations | 14911 |
| and other obligations under Section 2i of Article VIII, Ohio | 14912 |
| Constitution, for the purpose of paying the cost of capital | 14913 |
| facilities for housing of branches and agencies of state | 14914 |
| government, including capital facilities for the purpose of | 14915 |
| housing personnel, equipment, or functions, or any combination | 14916 |
| thereof that the state agencies are responsible for housing, as | 14917 |
| are authorized by Chapter 152. of the Revised Code, and that are | 14918 |
| authorized by the general assembly by the appropriation of lease | 14919 |
| payments or other moneys for such capital facilities or by any | 14920 |
| other act of the general assembly, but not including the | 14921 |
| appropriation of moneys for feasibility studies for such capital | 14922 |
| facilities. This division does not authorize the authority to | 14923 |
| issue obligations pursuant to Section 2i of Article VIII, Ohio | 14924 |
| Constitution, to pay the cost of capital facilities for mental | 14925 |
| hygiene and retardation, parks and recreation, or state-supported | 14926 |
| or state-assisted institutions of higher education. | 14927 |
| (G) The authority is authorized to issue revenue obligations | 14928 |
| under Section 2i of Article VIII, Ohio Constitution, on behalf of | 14929 |
| a community or technical college district and shall cause the net | 14930 |
| proceeds thereof, after any deposits of accrued interest for the | 14931 |
| payment of bond service charges and after any deposit of all or | 14932 |
| such lesser portion as the authority may direct of the premium | 14933 |
| received upon the sale of those obligations for the payment of the | 14934 |
| bond service charges, to be applied to the cost of community or | 14935 |
| technical college capital facilities, provided that the issuance | 14936 |
| of such obligations is subject to the execution of a written | 14937 |
| agreement in accordance with division (C) of section 3333.90 of | 14938 |
| the Revised Code for the withholding and depositing of funds | 14939 |
| otherwise due the district, or the college it operates, in respect | 14940 |
| of its allocated state share of instruction. | 14941 |
| The authority shall provide by resolution for the issuance of | 14942 |
| such obligations. The bond service charges and all other payments | 14943 |
| required to be made by the trust agreement or indenture securing | 14944 |
| the obligations shall be payable solely from available community | 14945 |
| or technical college receipts pledged thereto as provided in the | 14946 |
| resolution. The available community or technical college receipts | 14947 |
| pledged and thereafter received by the authority are immediately | 14948 |
| subject to the lien of such pledge without any physical delivery | 14949 |
| thereof or further act, and the lien of any such pledge is valid | 14950 |
| and binding against all parties having claims of any kind against | 14951 |
| the authority, irrespective of whether those parties have notice | 14952 |
| thereof, and creates a perfected security interest for all | 14953 |
| purposes of Chapter 1309. of the Revised Code and a perfected lien | 14954 |
| for purposes of any real property interest, all without the | 14955 |
| necessity for separation or delivery of funds or for the filing or | 14956 |
| recording of the resolution, trust agreement, indenture, or other | 14957 |
| agreement by which such pledge is created or any certificate, | 14958 |
| statement, or other document with respect thereto; and the pledge | 14959 |
| of such available community or technical college receipts is | 14960 |
| effective and the money therefrom and thereof may be applied to | 14961 |
| the purposes for which pledged. Every pledge, and every covenant | 14962 |
| and agreement made with respect to the pledge, made in the | 14963 |
| resolution may therein be extended to the benefit of the owners | 14964 |
| and holders of obligations authorized by this division, and to any | 14965 |
| trustee therefor, for the further securing of the payment of the | 14966 |
| bond service charges, and all or any rights under any agreement or | 14967 |
| lease made under this section may be assigned for such purpose. | 14968 |
| Obligations may be issued at one time or from time to time, and | 14969 |
| each issue shall be dated, shall mature at such time or times as | 14970 |
| determined by the authority not exceeding forty years from the | 14971 |
| date of issue, and may be redeemable before maturity at the option | 14972 |
| of the authority at such price or prices and under such terms and | 14973 |
| conditions as are fixed by the authority prior to the issuance of | 14974 |
| the obligations. The authority shall determine the form of the | 14975 |
| obligations, fix their denominations, establish their interest | 14976 |
| rate or rates, which may be a variable rate or rates, or the | 14977 |
| maximum interest rate, and establish within or without this state | 14978 |
| a place or places of payment of bond service charges. | 14979 |
| Sec. 152.10. The resolution of the Ohio building authority | 14980 |
| authorizing the issuance of authority obligations may contain | 14981 |
| provisions which shall be part of the contract with the holders of | 14982 |
| the obligations as to: | 14983 |
| (A) Pledging all or such portion as it determines of the | 14984 |
| available receipts of the authority for the payment of bond | 14985 |
| service charges and all other payments required to be made by the | 14986 |
| trust agreement or indenture securing such obligations, or | 14987 |
| restricting the security for a particular issue of obligations to | 14988 |
| specific revenues or receipts of the authority; | 14989 |
| (B) The acquisition, construction, reconstruction, equipment, | 14990 |
| furnishing, improvement, operation, alteration, enlargement, | 14991 |
| maintenance, insurance, and repair of capital facilities and sites | 14992 |
| therefor, and the duties of the authority with reference thereto; | 14993 |
| (C) Other terms of the obligations; | 14994 |
| (D) Limitations on the purposes to which the proceeds of the | 14995 |
| obligations may be applied; | 14996 |
| (E) The rate of rentals or other charges for the use of | 14997 |
| capital facilities, the revenues from which are pledged to the | 14998 |
| obligations authorized by such resolution, including limitations | 14999 |
| upon the power of the authority to modify such rentals or other | 15000 |
| charges; | 15001 |
| (F) The use of and the expenditures of the revenues of the | 15002 |
| authority in such manner and to such extent as shall be | 15003 |
| determined, which may include provision for the payment of the | 15004 |
| expenses of the operation, maintenance, and repair of capital | 15005 |
| facilities, and the operation and administration of the authority | 15006 |
| so that such expenses shall be paid or provided as a charge prior | 15007 |
| to the payment of bond service charges and all other payments | 15008 |
| required to be made by the trust agreement or indenture securing | 15009 |
| such obligations; | 15010 |
| (G) Limitations on the issuance of additional obligations; | 15011 |
| (H) The terms of any trust agreement or indenture securing | 15012 |
| the obligations or under which the same may be issued; | 15013 |
| (I) Any other or additional agreements with the holders of | 15014 |
| the obligations, or the trustee therefor with respect to the | 15015 |
| operation of the authority and with respect to its property, | 15016 |
| funds, and revenues, and insurance thereof, and of the authority, | 15017 |
| its members, officers, and employees; | 15018 |
| (J) The deposit and application of funds and the safeguarding | 15019 |
| of funds on hand or on deposit without regard to Chapter 131. of | 15020 |
| the Revised Code, including any deposits of accrued interest for | 15021 |
| the payment of bond service charges and any deposits of premium | 15022 |
| for the payment of bond service charges or for the application to | 15023 |
| the payment of costs of capital facilities; | 15024 |
| (K) Municipal bond insurance, letters of credit, and other | 15025 |
| related agreements, the cost of which may be included in the costs | 15026 |
| of issuance of the obligations, and the pledge, holding, and | 15027 |
| disposition of the proceeds thereof; | 15028 |
| (L) A covenant that the state and any using state agency or | 15029 |
| any using community or technical college or community or technical | 15030 |
| college district shall, so long as such obligations are | 15031 |
| outstanding, cause to be charged and collected such revenues and | 15032 |
| receipts of, or from, any such using state agency or any such | 15033 |
| using community or technical college or community or technical | 15034 |
| college district constituting available receipts under the | 15035 |
| resolution sufficient in amount to provide for the payment of bond | 15036 |
| service charges on such obligations and for the establishment and | 15037 |
| maintenance of any reserves, as provided in the resolution for | 15038 |
| such obligations, which covenant shall be controlling | 15039 |
| notwithstanding any other provision of law pertaining to such | 15040 |
| revenues and receipts; provided that no covenant shall require the | 15041 |
| general assembly to appropriate money derived from the levying of | 15042 |
| excises or taxes for the payment of rent or bond service charges. | 15043 |
| Sec. 152.12. (A) As used in this section, "prior community or | 15044 |
| technical college obligations" means bonds or notes previously | 15045 |
| issued by a community or technical college district under section | 15046 |
| 3354.121, 3357.112, or 3358.10 of the Revised Code to pay costs of | 15047 |
| community or technical college capital facilities. | 15048 |
| (B) The Ohio building authority may authorize and issue | 15049 |
| obligations for the refunding of prior obligations or prior | 15050 |
| community or technical college obligations for any of the | 15051 |
| following purposes: | 15052 |
| | 15053 |
| authority or any prior community or technical college obligations, | 15054 |
| when the revenues pledged for the payment of such obligations are | 15055 |
| insufficient to pay obligations or prior community or technical | 15056 |
| college obligations which have matured or are about to mature or | 15057 |
| to maintain reserve or other funds required by the resolution or | 15058 |
| trust agreement or indenture; | 15059 |
| | 15060 |
| authority or any prior community or technical college obligations | 15061 |
| as an incident to providing funds for reconstructing, equipping, | 15062 |
| furnishing, improving, extending, or enlarging any capital | 15063 |
| facilities of the authority or any community or technical college | 15064 |
| district or community or technical college; | 15065 |
| | 15066 |
| community or technical college obligations of any issue, both | 15067 |
| matured and unmatured, when the revenues pledged for the payment | 15068 |
| of such obligations or prior community or technical college | 15069 |
| obligations are insufficient to pay obligations which have matured | 15070 |
| or are about to mature or to maintain reserve or other funds | 15071 |
| required by the resolution or trust agreement or indenture, if | 15072 |
| such outstanding obligations or prior community or technical | 15073 |
| college obligations can be retired by call or at maturity or with | 15074 |
| the consent of the holders, whether from the proceeds of the sale | 15075 |
| of the refunding obligations or by exchange for the refunding | 15076 |
| obligations, provided the principal amount of the refunding | 15077 |
| obligations shall not exceed in amount the aggregate of the par | 15078 |
| value of the obligations or prior community or technical college | 15079 |
| obligations to be retired, any redemption premium, past due and | 15080 |
| future interest to the date of maturity or call that cannot | 15081 |
| otherwise be paid, and funds to reconstruct, equip, furnish, | 15082 |
| improve, enlarge, or extend any capital facilities of the | 15083 |
| authority or any community or technical college district or | 15084 |
| community or technical college; | 15085 |
| | 15086 |
| authority or any prior community or technical college obligations | 15087 |
| when the refunding obligations will bear interest at a lower rate | 15088 |
| than the obligations or prior community or technical college | 15089 |
| obligations to be refunded, or when the interest cost of the | 15090 |
| refunding obligations computed to the absolute maturity will be | 15091 |
| less than the interest cost of the obligations or prior community | 15092 |
| or technical college obligations to be refunded; | 15093 |
| | 15094 |
| 152.23 of the Revised Code. | 15095 |
| (C) Obligations issued pursuant to division | 15096 |
| section shall mature not later than twenty years after their | 15097 |
| issuance and obligations issued pursuant to division (B)(2), | 15098 |
| 15099 | |
| than forty years after their issuance. Except as provided in this | 15100 |
| section, the terms of issuance and sale of obligations issued | 15101 |
|
under this section shall
be as provided in | 15102 |
| 15103 | |
| benefit of state agencies, community or technical colleges, or | 15104 |
| community or technical college districts, as the context requires. | 15105 |
| Obligations authorized under this section shall be deemed to be | 15106 |
| issued for those purposes for which such prior obligations or | 15107 |
| prior community or technical college obligations were issued, and | 15108 |
| may be issued in amounts sufficient for funding and retirement of | 15109 |
| prior obligations or prior community or technical college | 15110 |
| obligations, for establishment of reserves as required by the | 15111 |
| refunding obligations or the resolution authorizing such refunding | 15112 |
| obligations or the trust agreement or indenture securing the | 15113 |
| refunding obligations, and for payment of any fees and expenses | 15114 |
| incurred or to be incurred in connection with such issuance and | 15115 |
| such refunding. | 15116 |
| Sec. 152.15. Obligations issued by the Ohio building | 15117 |
| authority do not, and they shall state that they do not, represent | 15118 |
| or constitute a debt of the state or any political subdivision, | 15119 |
| nor a pledge of the faith and credit of the state or any political | 15120 |
| subdivision. Pursuant to Section 2i of Article VIII, Ohio | 15121 |
| Constitution, such obligations shall not be deemed to be debts or | 15122 |
| bonded indebtedness of the state under other provisions of the | 15123 |
| Ohio Constitution. | 15124 |
| The holders or owners of obligations issued by the authority | 15125 |
| shall have no right to have excises or taxes levied by the general | 15126 |
| assembly for the payment of the bond service charges thereon. The | 15127 |
| right of such holders and owners to payment of such bond service | 15128 |
| charges shall be limited to the available receipts or available | 15129 |
| community or technical college receipts pledged thereto in | 15130 |
|
accordance with | 15131 |
| each such obligation shall bear on its face a statement to that | 15132 |
| effect. Any available receipts or available community or technical | 15133 |
| college receipts may be so pledged only to obligations issued for | 15134 |
| capital facilities which are in whole or in part useful to, | 15135 |
| constructed by, or financed by the department, board, commission, | 15136 |
| authority, community or technical college, community or technical | 15137 |
| college district, or other agency or instrumentality that receives | 15138 |
| the available receipts or available community or technical college | 15139 |
| receipts so pledged. | 15140 |
| Sec. 152.33. (A) The Ohio building authority is authorized | 15141 |
| under Chapter 152. of the Revised Code to issue revenue | 15142 |
| obligations and other obligations to pay the cost of capital | 15143 |
|
facilities described in | 15144 |
| Revised Code and the cost of capital facilities in which one or | 15145 |
| more state agencies are participating with the federal government, | 15146 |
| municipal corporations, counties, or other governmental entities | 15147 |
| or any one or more of them, and in which that portion of the | 15148 |
| facility allocated to the participating state agencies is to be | 15149 |
| used for the purpose stated in division (F) of section 152.09 of | 15150 |
| the Revised Code, when authorized by the general assembly in | 15151 |
| accordance with that division. Such participation may be by | 15152 |
| grants, loans, or contributions to other participating | 15153 |
| governmental entities for any of such capital facilities. Such | 15154 |
| obligations shall be deemed to be issued under sections 152.09 and | 15155 |
| 152.23 of the Revised Code and shall conform to all requirements | 15156 |
| of sections 152.09 to 152.17 and 152.23 of the Revised Code. The | 15157 |
| right of holders and owners of obligations issued under this | 15158 |
| section to payment of bond service charges shall be limited to the | 15159 |
| revenues and receipts of the authority derived from rentals or | 15160 |
| other charges for use of the capital facilities constructed with | 15161 |
| the proceeds of the obligations to which such revenues and | 15162 |
| receipts are pledged, including revenues and receipts from or on | 15163 |
| behalf of any participating governmental entity. | 15164 |
| (B) Any lease of space by a state agency in a capital | 15165 |
| facility described in division (A) of this section shall conform | 15166 |
| to the requirements of division (D) of section 152.24 of the | 15167 |
| Revised Code. | 15168 |
| Sec. 156.01. As used in | 15169 |
| 156.05 of the Revised Code: | 15170 |
| (A) "Avoided capital costs" means a measured reduction in the | 15171 |
| cost of future equipment or other capital purchases that results | 15172 |
| from implementation of one or more energy or water conservation | 15173 |
| measures, when compared to an established baseline for previous | 15174 |
| such cost. | 15175 |
| (B) "Energy conservation measure" means an installation or | 15176 |
| modification of an installation in, or a remodeling of, an | 15177 |
| existing building in order to reduce energy consumption and | 15178 |
| operating costs. The term includes any of the following: | 15179 |
| (1) Installation or modification of insulation in the | 15180 |
| building structure and systems within the building; | 15181 |
| (2) Installation or modification of storm windows and doors, | 15182 |
| multiglazed windows and doors, and heat absorbing or heat | 15183 |
| reflective glazed and coated window and door systems; installation | 15184 |
| of additional glazing; reductions in glass area; and other window | 15185 |
| and door system modifications that reduce energy consumption and | 15186 |
| operating costs; | 15187 |
| (3) Installation or modification of automatic energy control | 15188 |
| systems; | 15189 |
| (4) Replacement or modification of heating, ventilating, or | 15190 |
| air conditioning systems; | 15191 |
| (5) Application of caulking and weather stripping; | 15192 |
| (6) Replacement or modification of lighting fixtures to | 15193 |
| increase the energy efficiency of the lighting system without | 15194 |
| increasing the overall illumination of a building unless the | 15195 |
| increase in illumination is necessary to conform to the applicable | 15196 |
| state or local building code for the proposed lighting system; | 15197 |
| (7) Installation or modification of energy recovery systems; | 15198 |
| (8) Installation or modification of cogeneration systems that | 15199 |
| produce steam or forms of energy such as heat, as well as | 15200 |
| electricity, for use primarily within a building or complex of | 15201 |
| buildings; | 15202 |
| (9) Any other modification, installation, or remodeling | 15203 |
| approved by the director of administrative services as an energy | 15204 |
| conservation measure for one or more buildings owned by the state. | 15205 |
| | 15206 |
| installation, by purchase, lease, lease-purchase, lease with an | 15207 |
| option to buy, or installment purchase, of an energy conservation | 15208 |
| measure and any attendant architectural and engineering consulting | 15209 |
| services. | 15210 |
| (D) "Energy, water, or wastewater cost savings" means a | 15211 |
| measured reduction in, as applicable, the cost of fuel, energy or | 15212 |
| water consumption, wastewater production, or stipulated operation | 15213 |
| or maintenance resulting from the implementation of one or more | 15214 |
| energy or water conservation measures, when compared to an | 15215 |
| established baseline for previous such costs, respectively. | 15216 |
| (E) "Operating cost savings" means a measured reduction in | 15217 |
| the cost of stipulated operation or maintenance created by the | 15218 |
| installation of new equipment or implementation of a new service, | 15219 |
| when compared with an established baseline for previous such | 15220 |
| stipulated costs. | 15221 |
| (F) "Water conservation measure" means an installation or | 15222 |
| modification of an installation in, or a remodeling of, an | 15223 |
| existing building or the surrounding grounds in order to reduce | 15224 |
| water consumption. The term includes any of the following: | 15225 |
| (1) Water-conserving fixture, appliance, or equipment, or the | 15226 |
| substitution of a nonwater-using fixture, appliance, or equipment; | 15227 |
| (2) Water-conserving, landscape irrigation equipment; | 15228 |
| (3) Landscaping measure that reduces storm water runoff | 15229 |
| demand and capture and hold applied water and rainfall, including | 15230 |
| landscape contouring such as the use of a berm, swale, or terrace | 15231 |
| and including the use of a soil amendment, including compost, that | 15232 |
| increases the water-holding capacity of the soil; | 15233 |
| (4) Rainwater harvesting equipment or equipment to make use | 15234 |
| of water collected as part of a storm water system installed for | 15235 |
| water quality control; | 15236 |
| (5) Equipment for recycling or reuse of water originating on | 15237 |
| the premises or from another source, including treated, municipal | 15238 |
| effluent; | 15239 |
| (6) Equipment needed to capture water for nonpotable uses | 15240 |
| from any nonconventional, alternate source, including air | 15241 |
| conditioning condensate or gray water; | 15242 |
| (7) Any other modification, installation, or remodeling | 15243 |
| approved by the board of trustees of a state institution of higher | 15244 |
| education as defined in section 3345.011 of the Revised Code as a | 15245 |
| water conservation measure for one or more buildings or the | 15246 |
| surrounding grounds owned by the institution. | 15247 |
| (G) "Water saving measure" means the acquisition and | 15248 |
| installation, by the purchase, lease, lease-purchase, lease with | 15249 |
| an option to buy, or installment purchases of a water conservation | 15250 |
| measure and any attendant architectural and engineering consulting | 15251 |
| services. | 15252 |
| Sec. 156.02. (A) The director of administrative services | 15253 |
| may contract with an energy services company, contractor, | 15254 |
| architect, professional engineer, or other person experienced in | 15255 |
| the design and implementation of energy conservation measures for | 15256 |
| a report containing an analysis and recommendations pertaining to | 15257 |
| the implementation of energy conservation measures that would | 15258 |
| significantly reduce energy consumption and operating costs in | 15259 |
|
any
buildings owned by the
state | 15260 |
| 15261 | |
| 15262 | |
| 15263 | |
| of such measures, including the costs of design, engineering, | 15264 |
| installation, maintenance, repairs, and debt service, and | 15265 |
| estimates of the amounts by which energy consumption and | 15266 |
| operating costs would be reduced. | 15267 |
| (B) Upon the request of the board of trustees or managing | 15268 |
| authority of a state institution of higher education as defined in | 15269 |
| section 3345.011 of the Revised Code, the director may contract | 15270 |
| with a water services company, architect, professional engineer, | 15271 |
| contractor, or other person experienced in the design and | 15272 |
| implementation of energy or water conservation measures for a | 15273 |
| report containing an analysis and recommendations pertaining to | 15274 |
| the implementation of energy or water conservation measures that | 15275 |
| result in energy, water, or wastewater cost savings, operating | 15276 |
| cost savings, or avoided capital costs for the institution. The | 15277 |
| report shall include estimates of all costs of such installations, | 15278 |
| including the costs of design, engineering, installation, | 15279 |
| maintenance, repairs, and debt service, and estimates of the | 15280 |
| energy, water, or wastewater cost savings, operating cost savings, | 15281 |
| and avoided capital costs created. | 15282 |
| Sec. 156.03. (A) If the director of administrative services | 15283 |
| wishes to enter into an installment payment contract pursuant to | 15284 |
| section 156.04 of the Revised Code or any other contract to | 15285 |
| implement one or more energy saving measures or, in the case of a | 15286 |
| state institution of higher education pursuant to division (B) of | 15287 |
| section 156.02 of the Revised Code, energy or water saving | 15288 |
|
measures, | 15289 |
|
Revised Code, or, alternatively,
| 15290 |
| controlling board to exempt the contract from Chapter 153. of the | 15291 |
| Revised Code. | 15292 |
| If the controlling board by a majority vote approves an | 15293 |
| exemption, that chapter shall not apply to the contract and | 15294 |
| instead the director shall request proposals from at least three | 15295 |
| parties for the implementation of the energy or water saving | 15296 |
| measures. Prior to providing any interested party a copy of any | 15297 |
| such request, the director shall advertise, in a newspaper of | 15298 |
| general circulation in the county where the contract is to be | 15299 |
|
performed, | 15300 |
| implementation of the energy or water saving measures. The notice | 15301 |
| shall invite interested parties to submit proposals for | 15302 |
| consideration and shall be published at least thirty days prior to | 15303 |
| the date for accepting proposals. | 15304 |
| (B) Upon receiving the proposals, the director shall analyze | 15305 |
| them and, after considering the cost estimates of each proposal | 15306 |
| and the availability of funds to pay for each with current | 15307 |
| appropriations or by financing the cost of each through an | 15308 |
| installment payment contract under section 156.04 of the Revised | 15309 |
| Code, may select one or more proposals or reject all proposals. In | 15310 |
| selecting proposals, the director shall select the one or more | 15311 |
| proposals most likely to result in the greatest savings when the | 15312 |
| cost of the proposal is compared to the reduced energy and | 15313 |
| operating costs that will result from implementing the proposal. | 15314 |
| However, in the case of a state institution of higher education | 15315 |
| pursuant to division (B) of section 156.02 of the Revised Code, | 15316 |
| the director shall select the one or more proposals most likely | 15317 |
| to result in the greatest energy, water, or wastewater savings, | 15318 |
| operating costs savings, and avoided capital costs created. | 15319 |
| (C)(1) No contract shall be awarded to implement energy | 15320 |
| saving measures under this section, other than in the case of a | 15321 |
| state institution of higher education, unless the director finds | 15322 |
| that one or both of the following circumstances exists, as | 15323 |
| applicable: | 15324 |
| | 15325 |
| described in division (H) of section 156.01 of the Revised Code, | 15326 |
| the cost of the contract is not likely to exceed the amount of | 15327 |
| money that would be saved in energy and operating costs over no | 15328 |
| more than five years; | 15329 |
| | 15330 |
| measure other than a cogeneration system, the cost of the contract | 15331 |
| is not likely to exceed the amount of money that would be saved in | 15332 |
| energy and operating costs over no more than ten years. | 15333 |
| (2) In the case of a state institution of higher education | 15334 |
| pursuant to division (B) of section 156.02 of the Revised Code, no | 15335 |
| contract shall be awarded to implement energy or water saving | 15336 |
| measures for the institution under this section unless the | 15337 |
| director finds that both of the following circumstances exists: | 15338 |
| (a) Not less than one-fifteenth of the costs of the contract | 15339 |
| shall be paid within two years from the date of purchase; | 15340 |
| (b) The remaining balance of the cost of the contract shall | 15341 |
| be paid within fifteen years from the date of purchase. | 15342 |
| Sec. 156.04. (A) In accordance with this section and section | 15343 |
| 156.03 of the Revised Code, the director of administrative | 15344 |
| services may enter into an installment payment contract for the | 15345 |
| implementation of one or more energy or water saving measures. If | 15346 |
| the director wishes an installment payment contract to be exempted | 15347 |
| from Chapter 153. of the Revised Code, the director shall proceed | 15348 |
| pursuant to section 156.03 of the Revised Code. | 15349 |
| (B)(1) Any installment payment contract under this section, | 15350 |
| other than in the case of a state institution of higher education, | 15351 |
| for one or more energy saving measures shall provide that all | 15352 |
| payments, except payments for repairs and obligations on | 15353 |
| termination of the contract prior to its expiration, are to be a | 15354 |
| stated percentage of calculated savings of energy and operating | 15355 |
| costs attributable to the one or more measures over a defined | 15356 |
| period of time and are to be made only to the extent that those | 15357 |
| savings actually occur. No such contract shall contain any of the | 15358 |
| following: | 15359 |
| | 15360 |
| contribution of funds, other than funds available from state or | 15361 |
| federal grants; | 15362 |
| | 15363 |
| that is a cogeneration system described in division (H) of section | 15364 |
| 156.01 of the Revised Code, a payment term longer than five years; | 15365 |
| | 15366 |
| measure that is not a cogeneration system, a payment term longer | 15367 |
| than ten years. | 15368 |
| (2) Any installment payment contract under this section for | 15369 |
| one or more energy or water saving measures for a state | 15370 |
| institution of higher education pursuant to division (B) of | 15371 |
| section 156.02 of the Revised Code, shall provide that all | 15372 |
| payments, except payments for repairs and obligations on | 15373 |
| termination of the contract prior to its expiration, are to be a | 15374 |
| stated percentage of calculated energy, water, or wastewater cost | 15375 |
| savings, operating costs, and avoided capital costs attributable | 15376 |
| to the one or more measures over a defined period of time and are | 15377 |
| to be made only to the extent that those calculated amounts | 15378 |
| actually occur. No such contract shall contain either of the | 15379 |
| following: | 15380 |
| (a) A requirement of any additional capital investment or | 15381 |
| contribution of funds, other than funds available from state or | 15382 |
| federal grants; | 15383 |
| (b) A payment term longer than fifteen years. | 15384 |
| (C) Any installment payment contract entered into under this | 15385 |
| section shall terminate no later than the last day of the fiscal | 15386 |
| biennium for which funds have been appropriated to the department | 15387 |
| of administrative services by the general assembly and shall be | 15388 |
| renewed in each succeeding fiscal biennium in which any balance of | 15389 |
| the contract remains unpaid, provided that both an appropriation | 15390 |
| for that succeeding fiscal biennium and the certification required | 15391 |
| by section 126.07 of the Revised Code are made. | 15392 |
| Sec. 166.07. (A) The director of development, with the | 15393 |
| approval of the controlling board and subject to the other | 15394 |
| applicable provisions of this chapter, may lend moneys in the | 15395 |
| facilities establishment fund to persons for the purpose of paying | 15396 |
| allowable costs of an eligible project if the director determines | 15397 |
| that: | 15398 |
| (1) The project is an eligible project and is economically | 15399 |
| sound; | 15400 |
| (2) The borrower is unable to finance the necessary allowable | 15401 |
| costs through ordinary financial channels upon comparable terms; | 15402 |
| (3) The amount to be lent from the facilities establishment | 15403 |
| fund will not exceed seventy-five per cent of the total allowable | 15404 |
| costs of the eligible project, except that if any part of the | 15405 |
| amount to be lent from the facilities establishment fund is | 15406 |
| derived from the issuance and sale of project financing | 15407 |
| obligations the amount to be lent will not exceed ninety per cent | 15408 |
| of the total allowable costs of the eligible project; | 15409 |
| (4) The eligible project could not be achieved in the local | 15410 |
| area in which it is to be located if the portion of the project to | 15411 |
| be financed by the loan instead were to be financed by a loan | 15412 |
| guaranteed under section 166.06 of the Revised Code; | 15413 |
| (5) The repayment of the loan from the facilities | 15414 |
| establishment fund will be adequately secured by a mortgage, | 15415 |
| assignment, pledge, or lien provided for under section 9.661 of | 15416 |
| the Revised Code, at such level of priority as the director may | 15417 |
| require; | 15418 |
| (6) The borrower will hold at least a ten per cent equity | 15419 |
| interest in the eligible project at the time the loan is made. | 15420 |
| (B) The determinations of the director under division (A) of | 15421 |
| this section shall be conclusive for purposes of the validity of a | 15422 |
| loan commitment evidenced by a loan agreement signed by the | 15423 |
| director. | 15424 |
| (C) In furtherance of the public policy of this chapter, | 15425 |
| there is hereby established the micro-lending program for the | 15426 |
| purpose of paying the allowable costs of eligible projects of | 15427 |
| eligible small businesses. From any amount of the facilities | 15428 |
| establishment fund that the general assembly designates for the | 15429 |
| purpose of the micro-lending program, the director of development | 15430 |
| shall, either directly or indirectly, make loans under this | 15431 |
| section to eligible small businesses. The director shall | 15432 |
| establish eligibility criteria and loan terms for the program | 15433 |
| that supplement eligibility criteria and loan terms otherwise | 15434 |
| prescribed for loans under this section, and may prescribe | 15435 |
| reduced service charges and fees. For the purpose of lending | 15436 |
| under the micro-lending program, the director of development | 15437 |
| shall give precedence to projects of eligible small businesses | 15438 |
| that foster the development of small entrepreneurial enterprises, | 15439 |
| notwithstanding the considerations prescribed by divisions | 15440 |
| (A)(1)(a) and (b) of section 166.05 of the Revised Code to the | 15441 |
| extent those considerations otherwise may have the effect of | 15442 |
| disqualifying projects of eligible small businesses. The director | 15443 |
| may enter into agreements with for-profit or non-profit | 15444 |
| organizations in this state to originate and administer loans made | 15445 |
| under the micro-lending program. | 15446 |
| (D) Fees, charges, rates of interest, times of payment of | 15447 |
| interest and principal, and other terms, conditions, and | 15448 |
| provisions of and security for loans made from the facilities | 15449 |
| establishment fund pursuant to this section shall be such as the | 15450 |
| director determines to be appropriate and in furtherance of the | 15451 |
| purpose for which the loans are made. The moneys used in making | 15452 |
| such loans shall be disbursed from the facilities establishment | 15453 |
| fund upon order of the director. The director shall give special | 15454 |
| consideration in setting the required job creation ratios and | 15455 |
| interest rates for loans that are for voluntary actions. | 15456 |
| | 15457 |
| to collect or otherwise deal with any loan made under this | 15458 |
| section, including any action authorized by section 9.661 of the | 15459 |
| Revised Code. | 15460 |
| | 15461 |
| a loan. Such charges shall be payable at such times and place and | 15462 |
| in such amounts and manner as may be prescribed by the director. | 15463 |
| Sec. 167.081. If sections 153.50, 153.51, and 153.52 of the | 15464 |
| Revised Code do not apply, the council may enter into a contract | 15465 |
| that establishes a unit price for, and provides upon a per unit | 15466 |
| basis, materials, labor, services, overhead, profit, and | 15467 |
| associated expenses for the repair, enlargement, improvement, or | 15468 |
| demolition of a building or structure if the contract is awarded | 15469 |
| pursuant to a competitive bidding procedure of a county, municipal | 15470 |
| corporation, or township or a special district, school district, | 15471 |
| or other political subdivision that is a council member; a | 15472 |
| statewide consortium of which the council is a member; or a | 15473 |
| multistate consortium of which the council is a member. | 15474 |
| A public notice requirement pertaining to the contract shall | 15475 |
| be considered as having been met if the public notice is given | 15476 |
| once a week for at least two consecutive weeks in a newspaper of | 15477 |
| general circulation within a county in this state in which the | 15478 |
| council has members and if the notice is posted on the council's | 15479 |
| internet web site for at least two consecutive weeks before the | 15480 |
| date specified for receiving bids. | 15481 |
| A county, municipal corporation, or township and a special | 15482 |
| district, school district, or other political subdivision that is | 15483 |
| a council member may participate in a contract entered into under | 15484 |
| this section. Purchases under a contract entered into under this | 15485 |
| section are exempt from any competitive selection or bidding | 15486 |
| requirements otherwise required by law. A county, municipal | 15487 |
| corporation, or township or a special district, school district, | 15488 |
| or other political subdivision that is a member of the council is | 15489 |
| not entitled to participate in a contract entered into under this | 15490 |
| section if it has received bids for the same work under another | 15491 |
| contract, unless participation in a contract under this section | 15492 |
| will enable the member to obtain the same work, upon the same | 15493 |
| terms, conditions, and specifications, at a lower price. | 15494 |
| Sec. 169.08. (A) Any person claiming a property interest in | 15495 |
| unclaimed funds delivered or reported to the state under Chapter | 15496 |
| 169. of the Revised Code, including the office of child support in | 15497 |
| the department of job and family services, pursuant to section | 15498 |
| 3123.88 of the Revised Code, may file a claim thereto on the form | 15499 |
| prescribed by the director of commerce. | 15500 |
| (B) The director shall consider matters relevant to any claim | 15501 |
| filed under division (A) of this section and shall hold a formal | 15502 |
| hearing if requested or considered necessary and receive evidence | 15503 |
| concerning such claim. A finding and decision in writing on each | 15504 |
| claim filed shall be prepared, stating the substance of any | 15505 |
| evidence received or heard and the reasons for allowance or | 15506 |
| disallowance of the claim. The evidence and decision shall be a | 15507 |
| public record. No statute of limitations shall bar the allowance | 15508 |
| of a claim. | 15509 |
| (C) For the purpose of conducting any hearing, the director | 15510 |
| may require the attendance of such witnesses and the production of | 15511 |
| such books, records, and papers as the director desires, and the | 15512 |
| director may take the depositions of witnesses residing within or | 15513 |
| without this state in the same manner as is prescribed by law for | 15514 |
| the taking of depositions in civil actions in the court of common | 15515 |
| pleas, and for that purpose the director may issue a subpoena for | 15516 |
| any witness or a subpoena duces tecum to compel the production of | 15517 |
| any books, records, or papers, directed to the sheriff of the | 15518 |
| county where such witness resides or is found, which shall be | 15519 |
| served and returned. The fees of the sheriff shall be the same as | 15520 |
| that allowed in the court of common pleas in criminal cases. | 15521 |
| Witnesses shall be paid the fees and mileage provided for under | 15522 |
| section 119.094 of the Revised Code. Fees and mileage shall be | 15523 |
| paid from the unclaimed funds trust fund. | 15524 |
| (D) Interest is not payable to claimants of unclaimed funds | 15525 |
| held by the state. Claims shall be paid from the trust fund. If | 15526 |
| the amount available in the trust fund is not sufficient to pay | 15527 |
| pending claims, or other amounts disbursable from the trust fund, | 15528 |
| the treasurer of state shall certify such fact to the director, | 15529 |
| who shall then withdraw such amount of funds from the mortgage | 15530 |
| accounts as the director determines necessary to reestablish the | 15531 |
| trust fund to a level required to pay anticipated claims but not | 15532 |
| more than ten per cent of the net unclaimed funds reported to | 15533 |
| date. | 15534 |
| The director | 15535 |
| 15536 | |
| 15537 | |
| paid to the director by the holders and deposited by the director | 15538 |
| with the treasurer of state or in a financial institution as agent | 15539 |
| for such funds. Whenever these funds are inadequate to meet the | 15540 |
| requirements for the trust fund, the director shall provide for a | 15541 |
| withdrawal of funds, within a reasonable time, in such amount as | 15542 |
| is necessary to meet the requirements, from financial institutions | 15543 |
| in which such funds were retained or placed by a holder and from | 15544 |
| other holders who have retained funds, in an equitable manner as | 15545 |
| prescribed by the director. In the event that the amount to be | 15546 |
| withdrawn from any one such holder is less than five hundred | 15547 |
| dollars, the amount to be withdrawn shall be at the discretion of | 15548 |
| the director. Such funds may be reimbursed in the amounts | 15549 |
| withdrawn when the trust fund has a surplus over the amount | 15550 |
| required to pay anticipated claims. Whenever the trust fund has a | 15551 |
| surplus over the amount required to pay anticipated claims, the | 15552 |
| director may transfer such surplus to the mortgage accounts. | 15553 |
| (E) If a claim which is allowed under this section relates to | 15554 |
| funds which have been retained by the reporting holder, and if the | 15555 |
| funds, on deposit with the treasurer of state pursuant to this | 15556 |
| chapter, are insufficient to pay claims, the director may notify | 15557 |
| such holder in writing of the payment of the claim and such holder | 15558 |
| shall immediately reimburse the state in the amount of such claim. | 15559 |
| The reimbursement shall be credited to the unclaimed funds trust | 15560 |
| fund. | 15561 |
| (F) Any person, including the office of child support, | 15562 |
| adversely affected by a decision of the director may appeal such | 15563 |
| decision in the manner provided in Chapter 119. of the Revised | 15564 |
| Code. | 15565 |
| In the event the claimant prevails, the claimant shall be | 15566 |
| reimbursed for reasonable attorney's fees and costs. | 15567 |
| (G) Notwithstanding anything to the contrary in this chapter, | 15568 |
| any holder who has paid moneys to or entered into an agreement | 15569 |
| with the director pursuant to section 169.05 of the Revised Code | 15570 |
| on certified checks, cashiers' checks, bills of exchange, letters | 15571 |
| of credit, drafts, money orders, or travelers' checks, may make | 15572 |
| payment to any person entitled thereto, including the office of | 15573 |
| child support, and upon surrender of the document, except in the | 15574 |
| case of travelers' checks, and proof of such payment, the director | 15575 |
| shall reimburse the holder for such payment without interest. | 15576 |
| Sec. 173.08. (A) The resident services coordinator program is | 15577 |
| established in the department of aging to fund resident services | 15578 |
| coordinators. The coordinators shall provide information to | 15579 |
| low-income and special-needs tenants, including the elderly, who | 15580 |
| live in financially assisted rental housing complexes, and assist | 15581 |
| those tenants in identifying and obtaining community and program | 15582 |
| services and other benefits for which they are eligible. | 15583 |
| (B) The resident services coordinator program fund is hereby | 15584 |
| created in the state treasury to support the resident services | 15585 |
| coordinator program established pursuant to this section. The fund | 15586 |
| consists of all moneys the department of development sets aside | 15587 |
|
pursuant to division (A) | 15588 |
| Code and moneys the general assembly appropriates to the fund. | 15589 |
| Sec. 173.28. (A)(1) As used in this division, "incident" | 15590 |
| means the occurrence of a violation with respect to a resident or | 15591 |
| recipient, as those terms are defined in section 173.14 of the | 15592 |
| Revised Code. A violation is a separate incident for each day it | 15593 |
| occurs and for each resident who is subject to it. | 15594 |
| In lieu of the fine that may be imposed under division (A) of | 15595 |
| section 173.99 of the Revised Code, the director of aging may, | 15596 |
| under Chapter 119. of the Revised Code, fine a long-term care | 15597 |
| provider or other entity, or a person employed by a long-term care | 15598 |
| provider or other entity, for a violation of division (C) of | 15599 |
| section 173.24 of the Revised Code. The fine shall not exceed one | 15600 |
| thousand dollars per incident. | 15601 |
| (2) In lieu of the fine that may be imposed under division | 15602 |
| (C) of section 173.99 of the Revised Code, the director may, under | 15603 |
| Chapter 119. of the Revised Code, fine a long-term care provider | 15604 |
| or other entity, or a person employed by a long-term care provider | 15605 |
| or other entity, for violating division (E) of section 173.19 of | 15606 |
| the Revised Code by denying a representative of the office of the | 15607 |
| state long-term care ombudsperson program the access required by | 15608 |
| that division. The fine shall not exceed five hundred dollars for | 15609 |
| each day the violation continued. | 15610 |
| (B) On request of the director, the attorney general shall | 15611 |
| bring and prosecute to judgment a civil action to collect any fine | 15612 |
| imposed under division (A)(1) or (2) of this section that remains | 15613 |
| unpaid thirty days after the violator's final appeal is exhausted. | 15614 |
| (C) All fines collected under this section shall be deposited | 15615 |
| into the state treasury to the credit of the state long-term care | 15616 |
| ombudsperson program fund created under section 173.26 of the | 15617 |
| Revised Code. | 15618 |
| Sec. 173.35. (A) As used in this section, "PASSPORT | 15619 |
| administrative agency" means an entity under contract with the | 15620 |
| department of aging to provide administrative services regarding | 15621 |
| the PASSPORT program created under section 173.40 of the Revised | 15622 |
| Code. | 15623 |
| (B) The department of aging shall administer the residential | 15624 |
| state supplement program under which the state supplements the | 15625 |
| supplemental security income payments received by aged, blind, or | 15626 |
| disabled adults under Title XVI of the "Social Security Act," 49 | 15627 |
| Stat. 620 (1935), 42 U.S.C.A., as amended. Residential state | 15628 |
| supplement payments shall be used for the provision of | 15629 |
| accommodations, supervision, and personal care services to | 15630 |
| supplemental security income recipients who the department | 15631 |
| determines are at risk of needing institutional care. | 15632 |
| (C) For an individual to be eligible for residential state | 15633 |
| supplement payments, all of the following must be the case: | 15634 |
| (1) Except as provided by division (G) of this section, the | 15635 |
| individual must reside in one of the following: | 15636 |
| (a) An adult foster home certified under section 173.36 of | 15637 |
| the Revised Code; | 15638 |
| (b) A home or facility, other than a nursing home or nursing | 15639 |
| home unit of a home for the aging, licensed by the department of | 15640 |
| health under Chapter 3721. or 3722. of the Revised Code and | 15641 |
| certified in accordance with standards established by the director | 15642 |
| of aging under division (D)(2) of this section; | 15643 |
| (c) | 15644 |
| 15645 | |
| 15646 | |
| 15647 |
| | 15648 |
| (A)(1)(d)(ii) of section 5119.22 of the Revised Code licensed by | 15649 |
| the department of mental health and certified in accordance with | 15650 |
| standards established by the director of aging under division | 15651 |
| (D)(2) of this section; | 15652 |
| | 15653 |
| health housing services certified by the department of mental | 15654 |
| health under section 5119.611 of the Revised Code and approved by | 15655 |
| a board of alcohol, drug addiction, and mental health services | 15656 |
| under division (A)(14) of section 340.03 of the Revised Code and | 15657 |
| certified in accordance with standards established by the director | 15658 |
| of aging under division (D)(2) of this section. | 15659 |
| (2) Effective July 1, 2000, a PASSPORT administrative agency | 15660 |
| must have determined that the environment in which the individual | 15661 |
| will be living while receiving the payments is appropriate for the | 15662 |
| individual's needs. If the individual is eligible for supplemental | 15663 |
| security income payments or social security disability insurance | 15664 |
| benefits because of a mental disability, the PASSPORT | 15665 |
| administrative agency shall refer the individual to a community | 15666 |
| mental health agency for the community mental health agency to | 15667 |
| issue in accordance with section 340.091 of the Revised Code a | 15668 |
| recommendation on whether the PASSPORT administrative agency | 15669 |
| should determine that the environment in which the individual will | 15670 |
| be living while receiving the payments is appropriate for the | 15671 |
| individual's needs. Division (C)(2) of this section does not apply | 15672 |
| to an individual receiving residential state supplement payments | 15673 |
| on June 30, 2000, until the individual's first eligibility | 15674 |
| redetermination after that date. | 15675 |
| (3) The individual satisfies all eligibility requirements | 15676 |
| established by rules adopted under division (D) of this section. | 15677 |
| (D)(1) The directors of aging and job and family services | 15678 |
| shall adopt rules in accordance with section 111.15 of the Revised | 15679 |
| Code as necessary to implement the residential state supplement | 15680 |
| program. | 15681 |
| To the extent permitted by Title XVI of the "Social Security | 15682 |
| Act," and any other provision of federal law, the director of job | 15683 |
| and family services shall adopt rules establishing standards for | 15684 |
| adjusting the eligibility requirements concerning the level of | 15685 |
| impairment a person must have so that the amount appropriated for | 15686 |
| the program by the general assembly is adequate for the number of | 15687 |
| eligible individuals. The rules shall not limit the eligibility of | 15688 |
| disabled persons solely on a basis classifying disabilities as | 15689 |
| physical or mental. The director of job and family services also | 15690 |
| shall adopt rules that establish eligibility standards for aged, | 15691 |
| blind, or disabled individuals who reside in one of the homes or | 15692 |
| facilities specified in division (C)(1) of this section but who, | 15693 |
| because of their income, do not receive supplemental security | 15694 |
| income payments. The rules may provide that these individuals may | 15695 |
| include individuals who receive other types of benefits, | 15696 |
| including, social security disability insurance benefits provided | 15697 |
| under Title II of the "Social Security Act," 49 Stat. 620 (1935), | 15698 |
| 42 U.S.C.A. 401, as amended. Notwithstanding division (B) of this | 15699 |
| section, such payments may be made if funds are available for | 15700 |
| them. | 15701 |
| The director of aging shall adopt rules establishing the | 15702 |
| method to be used to determine the amount an eligible individual | 15703 |
| will receive under the program. The amount the general assembly | 15704 |
| appropriates for the program shall be a factor included in the | 15705 |
| method that department establishes. | 15706 |
| (2) The director of aging shall adopt rules in accordance | 15707 |
| with Chapter 119. of the Revised Code establishing standards for | 15708 |
| certification of living facilities described in division (C)(1) of | 15709 |
| this section. | 15710 |
| The directors of aging and mental health shall enter into an | 15711 |
| agreement to certify facilities that apply for certification and | 15712 |
| meet the standards established by the director of aging under this | 15713 |
| division. | 15714 |
| (E) The county department of job and family services of the | 15715 |
| county in which an applicant for the residential state supplement | 15716 |
| program resides shall determine whether the applicant meets income | 15717 |
| and resource requirements for the program. | 15718 |
| (F) The department of aging shall maintain a waiting list of | 15719 |
| any individuals eligible for payments under this section but not | 15720 |
| receiving them because moneys appropriated to the department for | 15721 |
| the purposes of this section are insufficient to make payments to | 15722 |
| all eligible individuals. An individual may apply to be placed on | 15723 |
| the waiting list even though the individual does not reside in one | 15724 |
| of the homes or facilities specified in division (C)(1) of this | 15725 |
| section at the time of application. The director of aging, by | 15726 |
| rules adopted in accordance with Chapter 119. of the Revised | 15727 |
| Code, shall specify procedures and requirements for placing an | 15728 |
| individual on the waiting list and priorities for the order in | 15729 |
| which individuals placed on the waiting list are to begin to | 15730 |
| receive residential state supplement payments. The rules | 15731 |
| specifying priorities may give priority to individuals placed on | 15732 |
| the waiting list on or after July 1, 2006, who receive | 15733 |
| supplemental security income benefits under Title XVI of the | 15734 |
| "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C. 1381, as | 15735 |
| amended. The rules shall not affect the place on the waiting list | 15736 |
| of any person who was on the list on July 1, 2006. The rules | 15737 |
| specifying priorities may also set additional priorities based on | 15738 |
| living arrangement, such as whether an individual resides in a | 15739 |
| facility listed in division (C)(1) of this section or has been | 15740 |
| admitted to a nursing facility. | 15741 |
| (G) An individual in a licensed or certified living | 15742 |
| arrangement receiving state supplementation on November 15, 1990, | 15743 |
| under former section 5101.531 of the Revised Code shall not become | 15744 |
| ineligible for payments under this section solely by reason of the | 15745 |
| individual's living arrangement as long as the individual remains | 15746 |
| in the living arrangement in which the individual resided on | 15747 |
| November 15, 1990. | 15748 |
| (H) The department of aging shall notify each person denied | 15749 |
| approval for payments under this section of the person's right to | 15750 |
| a hearing. On request, the hearing shall be provided by the | 15751 |
| department of job and family services in accordance with section | 15752 |
| 5101.35 of the Revised Code. | 15753 |
| Sec. 173.392. (A) The department of aging may pay a person or | 15754 |
| government entity for providing community-based long-term care | 15755 |
| services under a program the department administers, even though | 15756 |
| the person or government entity is not certified under section | 15757 |
| 173.391 of the Revised Code, if all of the following are the case: | 15758 |
| (1) The person or government entity has a contract with the | 15759 |
| department of aging or the department's designee to provide the | 15760 |
| services in accordance with the contract or has received a grant | 15761 |
| from the department or its designee to provide the services in | 15762 |
| accordance with a grant agreement; | 15763 |
| (2) The contract or grant agreement includes detailed | 15764 |
| conditions of participation for providers of services under a | 15765 |
| program the department administers and service standards that the | 15766 |
| person or government entity is required to satisfy; | 15767 |
| (3) The person or government entity complies with the | 15768 |
| contract or grant agreement; | 15769 |
| (4) The contract or grant is not for medicaid-funded | 15770 |
| services, other than services provided under the PACE program | 15771 |
| administered by the department of aging under section 173.50 of | 15772 |
| the Revised Code. | 15773 |
| (B) The director of aging shall adopt rules in accordance | 15774 |
| with Chapter 119. of the Revised Code governing both of the | 15775 |
| following: | 15776 |
| (1) Contracts and grant agreements between the department of | 15777 |
| aging or its designee and persons and government entities | 15778 |
| regarding community-based long-term care services provided under a | 15779 |
| program the department administers; | 15780 |
| (2) The department's payment for community-based long-term | 15781 |
|
care services | 15782 |
| Sec. 173.40. | 15783 |
| the Revised Code, "PASSPORT program" means the program created | 15784 |
| under this section. | 15785 |
| There is hereby created | 15786 |
| 15787 | |
| preadmission screening system providing options and resources | 15788 |
| today program, or PASSPORT. The PASSPORT program shall provide | 15789 |
| home and community-based services as an alternative to nursing | 15790 |
| facility placement for aged and disabled medicaid recipients. The | 15791 |
|
program shall be operated | 15792 |
| as a separate medicaid waiver | 15793 |
| section 5111.85 of the Revised Code, until the United States | 15794 |
| secretary of health and human services approves the consolidated | 15795 |
|
federal medicaid waiver sought under section | 15796 |
| 15797 | |
| 5111.861 of the Revised Code. The program shall be part of the | 15798 |
| consolidated federal medicaid waiver sought under that section if | 15799 |
| the United States secretary approves the waiver. The department of | 15800 |
| aging shall administer the program through a contract entered into | 15801 |
| with the department of job and family services under section | 15802 |
| 5111.91 of the Revised Code. The director of job and family | 15803 |
| services shall adopt rules under section 5111.85 of the Revised | 15804 |
| Code and the director of aging shall adopt rules in accordance | 15805 |
| with Chapter 119. of the Revised Code to implement the program. | 15806 |
| Sec. 173.401. (A) As used in this section: | 15807 |
| "Area agency on aging" has the same meaning as in section | 15808 |
| 173.14 of the Revised Code. | 15809 |
| "Long-term care consultation program" means the program the | 15810 |
| department of aging is required to develop under section 173.42 of | 15811 |
| the Revised Code. | 15812 |
| "Long-term care consultation program administrator" or | 15813 |
| "administrator" means the department of aging or, if the | 15814 |
| department contracts with an area agency on aging or other entity | 15815 |
| to administer the long-term care consultation program for a | 15816 |
| particular area, that agency or entity. | 15817 |
| "Nursing facility" has the same meaning as in section 5111.20 | 15818 |
| of the Revised Code. | 15819 |
| | 15820 |
| 15821 |
| "PASSPORT waiver" means the federal medicaid waiver granted | 15822 |
| by the United States secretary of health and human services that | 15823 |
| authorizes the PASSPORT program. | 15824 |
| (B) The director of job and family services shall submit to | 15825 |
| the United States secretary of health and human services an | 15826 |
| amendment to the PASSPORT waiver that authorizes additional | 15827 |
| enrollments in the PASSPORT program pursuant to this section. | 15828 |
| Beginning with the month following the month in which the United | 15829 |
| States secretary approves the amendment and each month thereafter, | 15830 |
| each area agency on aging shall determine whether individuals who | 15831 |
| reside in the area that the area agency on aging serves and are on | 15832 |
| a waiting list for the PASSPORT program have been admitted to a | 15833 |
| nursing facility. If an area agency on aging determines that such | 15834 |
| an individual has been admitted to a nursing facility, the agency | 15835 |
| shall notify the long-term care consultation program administrator | 15836 |
| serving the area in which the individual resides about the | 15837 |
| determination. The administrator shall determine whether the | 15838 |
| PASSPORT program is appropriate for the individual and whether the | 15839 |
| individual would rather participate in the PASSPORT program than | 15840 |
| continue residing in the nursing facility. If the administrator | 15841 |
| determines that the PASSPORT program is appropriate for the | 15842 |
| individual and the individual would rather participate in the | 15843 |
| PASSPORT program than continue residing in the nursing facility, | 15844 |
| the administrator shall so notify the department of aging. On | 15845 |
| receipt of the notice from the administrator, the department of | 15846 |
| aging shall approve the individual's enrollment in the PASSPORT | 15847 |
| program regardless of the PASSPORT program's waiting list and even | 15848 |
| though the enrollment causes enrollment in the program to exceed | 15849 |
| the limit that would otherwise apply. Each quarter, the department | 15850 |
| of aging shall certify to the director of budget and management | 15851 |
| the estimated increase in costs of the PASSPORT program resulting | 15852 |
| from enrollment of individuals in the PASSPORT program pursuant to | 15853 |
| this section. | 15854 |
| | 15855 |
| 15856 | |
| 15857 | |
| 15858 | |
| 15859 |
| Sec. 173.402. An individual enrolled in the PASSPORT program | 15860 |
| may request that home-delivered meals provided to the individual | 15861 |
| under the PASSPORT program be kosher. If such a request is made, | 15862 |
| the department of aging or the department's designee shall ensure | 15863 |
| that each home-delivered meal provided to the individual under the | 15864 |
| PASSPORT program is kosher. In complying with this requirement, | 15865 |
| the department or department's designee shall require each entity | 15866 |
| that provides home-delivered meals to the individual to provide | 15867 |
| the individual with meals that meet, as much as possible, the | 15868 |
| requirements established in rules adopted under section 173.40 of | 15869 |
| the Revised Code governing the home-delivered meal service while | 15870 |
| complying with kosher practices for meal preparation and dietary | 15871 |
| restrictions. | 15872 |
| An entity that provides a kosher home-delivered meal to a | 15873 |
| PASSPORT program enrollee pursuant to this section shall be | 15874 |
| reimbursed for the meal at a rate equal to the rate for | 15875 |
| home-delivered meals furnished to PASSPORT program enrollees | 15876 |
| requiring a therapeutic diet. | 15877 |
| Sec. 173.403. "Choices program" means the program created | 15878 |
| under this section. | 15879 |
| There is hereby created the choices program. The program | 15880 |
| shall provide home and community-based services. The choices | 15881 |
| program shall be operated as a separate medicaid waiver component, | 15882 |
| as defined in section 5111.85 of the Revised Code, until the | 15883 |
| United States secretary of health and human services approves the | 15884 |
| consolidated federal medicaid waiver sought under section 5111.861 | 15885 |
| of the Revised Code. The program shall be part of the consolidated | 15886 |
| federal medicaid waiver sought under that section if the United | 15887 |
| States secretary approves the waiver. The department of aging | 15888 |
| shall administer the program through a contract entered into with | 15889 |
| the department of job and family services under section 5111.91 of | 15890 |
| the Revised Code. Subject to federal approval, the program shall | 15891 |
| be available statewide. | 15892 |
| Sec. 173.404. As used in this section, "medicaid waiver | 15893 |
| component" has the same meaning as in section 5111.85 of the | 15894 |
| Revised Code. | 15895 |
| An individual enrolled in a medicaid waiver component the | 15896 |
| department of aging administers may not receive any of the | 15897 |
| following medicaid state plan services unless the services are | 15898 |
| provided in conjunction with medicaid case management services | 15899 |
| provided to the individual: | 15900 |
| (A) Home health services; | 15901 |
| (B) Private duty nursing services; | 15902 |
| (C) Durable medical equipment; | 15903 |
| (D) Services of a clinical nurse specialist; | 15904 |
| (E) Services of a certified nurse practitioner. | 15905 |
| Sec. 173.42. (A) As used in | 15906 |
| 173.434 of the Revised Code: | 15907 |
| (1) "Area agency on aging" means a public or private | 15908 |
| nonprofit entity designated under section 173.011 of the Revised | 15909 |
| Code to administer programs on behalf of the department of aging. | 15910 |
| (2) "Department of aging-administered medicaid waiver | 15911 |
| component" means each of the following: | 15912 |
| (a) The PASSPORT program created under section 173.40 of the | 15913 |
| Revised Code; | 15914 |
| (b) The choices program created under section 173.403 of the | 15915 |
| Revised Code; | 15916 |
| (c) The assisted living program created under section 5111.89 | 15917 |
| of the Revised Code; | 15918 |
| (d) Any other medicaid waiver component, as defined in | 15919 |
| section 5111.85 of the Revised Code, that the department of aging | 15920 |
| administers pursuant to an interagency agreement with the | 15921 |
| department of job and family services under section 5111.91 of the | 15922 |
| Revised Code. | 15923 |
| (3) "Home and community-based services covered by medicaid | 15924 |
| components the department of aging administers" means all of the | 15925 |
| following: | 15926 |
| (a) Medicaid waiver services available to a participant in a | 15927 |
| department of aging-administered medicaid waiver component; | 15928 |
| (b) The following medicaid state plan services available to a | 15929 |
| participant in a department of aging-administered medicaid waiver | 15930 |
| component as specified in rules adopted under section 5111.02 of | 15931 |
| the Revised Code: | 15932 |
| (i) Home health services; | 15933 |
| (ii) Private duty nursing services; | 15934 |
| (iii) Durable medical equipment; | 15935 |
| (iv) Services of a clinical nurse specialist; | 15936 |
| (v) Services of a certified nurse practitioner. | 15937 |
| (c) Services available to a participant of the PACE program. | 15938 |
| (4) "Long-term care consultation" or "consultation" means the | 15939 |
| 15940 | |
| available by the department of aging or a program administrator | 15941 |
| through the long-term care consultation program established | 15942 |
|
pursuant to this section | 15943 |
| 15944 | |
| 15945 | |
| 15946 | |
| 15947 | |
| 15948 | |
| 15949 |
| | 15950 |
| established under Chapter 5111. of the Revised Code. | 15951 |
| | 15952 |
| 5111.20 of the Revised Code. | 15953 |
| | 15954 |
| program the department of aging administers pursuant to section | 15955 |
| 173.50 of the Revised Code. | 15956 |
| (8) "Program administrator" means an area agency on aging or | 15957 |
| other entity under contract with the department of aging to | 15958 |
| administer the long-term care consultation program in a geographic | 15959 |
| region specified in the contract. | 15960 |
| (9) "Representative" means a person acting on behalf of an | 15961 |
|
individual | 15962 |
| 15963 | |
| 15964 | |
| representative may be a family member, attorney, hospital social | 15965 |
| worker, or any other person chosen to act on behalf of the | 15966 |
| individual. | 15967 |
| (B) The department of aging shall develop a long-term care | 15968 |
| consultation program whereby individuals or their representatives | 15969 |
| are provided with long-term care consultations and receive through | 15970 |
| these professional consultations information about options | 15971 |
| available to meet long-term care needs and information about | 15972 |
| factors to consider in making long-term care decisions. The | 15973 |
| long-term care consultations provided under the program may be | 15974 |
| provided at any appropriate time, as permitted or required under | 15975 |
| this section and the rules adopted under it, including either | 15976 |
| prior to or after the individual who is the subject of a | 15977 |
| consultation has been admitted to a nursing facility or granted | 15978 |
| assistance in receiving home and community-based services covered | 15979 |
| by medicaid components the department of aging administers. | 15980 |
| (C)(1) The long-term care consultation program shall be | 15981 |
| administered by the department of aging, except that the | 15982 |
|
department may | 15983 |
| 15984 | |
| 15985 | |
| 15986 | |
| administered on a regional basis by one or more program | 15987 |
| administrators. The department and each program administrator | 15988 |
| shall administer the program in such a manner that all of the | 15989 |
| following are included: | 15990 |
| (a) Coordination and collaboration with respect to all | 15991 |
| available funding sources for long-term care services; | 15992 |
| (b) Assessments of individuals regarding their long-term care | 15993 |
| service needs; | 15994 |
| (c) Assessments of individuals regarding their on-going | 15995 |
| eligibility for long-term care services; | 15996 |
| (d) Procedures for assisting individuals in obtaining access | 15997 |
| to, and coordination of, health and supportive services; | 15998 |
| (e) Procedures for monitoring the quality of long-term care | 15999 |
| services and supports and the health and welfare of individuals | 16000 |
| receiving long-term care services and supports; | 16001 |
| (f) Priorities for using available resources efficiently and | 16002 |
| effectively. | 16003 |
| (2) The procedures specified in division (C)(1)(e) of this | 16004 |
| section shall include procedures for assessing the extent to which | 16005 |
| long-term care services and supports are provided in a culturally | 16006 |
| competent manner. | 16007 |
| (D) The program's long-term care consultations | 16008 |
| 16009 | |
|
certified by the
department under section | 16010 |
| Revised Code. | 16011 |
| (E) The information provided through a long-term care | 16012 |
| consultation shall be appropriate to the individual's needs and | 16013 |
| situation and shall address all of the following: | 16014 |
| (1) The availability of any long-term care options open to | 16015 |
| the individual; | 16016 |
| (2) Sources and methods of both public and private payment | 16017 |
| for long-term care services; | 16018 |
| (3) Factors to consider when choosing among the available | 16019 |
| programs, services, and benefits; | 16020 |
| (4) Opportunities and methods for maximizing independence and | 16021 |
| self-reliance, including support services provided by the | 16022 |
| individual's family, friends, and community. | 16023 |
| (F) An individual's long-term care consultation may include | 16024 |
| an assessment of the individual's functional capabilities. The | 16025 |
| consultation may incorporate portions of the determinations | 16026 |
| required under sections 5111.202, 5119.061, and 5123.021 of the | 16027 |
| Revised Code and may be provided concurrently with the assessment | 16028 |
| required under section 5111.204 of the Revised Code. | 16029 |
| (G)(1) Unless an exemption specified in division (I) of this | 16030 |
|
section is applicable, each | 16031 |
| 16032 |
| (a) | 16033 |
| indicates an intention to apply for admission to a nursing | 16034 |
| facility, regardless of the source of payment to be used for | 16035 |
| 16036 |
| (b) | 16037 |
| 16038 |
| | 16039 |
| 16040 | |
| 16041 | |
| 16042 |
| | 16043 |
| long-term care consultation; | 16044 |
| (c) An individual identified by the department or a program | 16045 |
| administrator as being likely to benefit from a long-term care | 16046 |
| consultation. | 16047 |
| (2) In addition to the individuals | 16048 |
| specified in division (G)(1) of this section, a long-term care | 16049 |
| 16050 | |
| 16051 | |
| 16052 | |
| of payment being used for the resident's care in the nursing | 16053 |
|
facility. | 16054 |
| 16055 | |
| 16056 | |
| 16057 |
| (H)(1) | 16058 |
|
this section, a long-term care consultation | 16059 |
|
provided pursuant to division (G) | 16060 |
| 16061 | |
| 16062 |
| (a) If the individual for whom the consultation is being | 16063 |
| provided has applied for medicaid and the consultation is being | 16064 |
| provided concurrently with the assessment required under section | 16065 |
| 5111.204 of the Revised Code, the consultation shall be completed | 16066 |
| in accordance with the applicable time frames specified in that | 16067 |
| section for providing a level of care determination based on the | 16068 |
| assessment. | 16069 |
| (b) In all other cases, the consultation shall be provided | 16070 |
|
not later than five calendar days after the department or | 16071 |
|
program administrator | 16072 |
|
notice of the reason for which the consultation is | 16073 |
|
provided pursuant to division (G) | 16074 |
| (2) An individual or the individual's representative may | 16075 |
| request that a long-term care consultation be provided on a date | 16076 |
| that is later than the date required under division (H)(1)(a) or | 16077 |
| (b) of this section. | 16078 |
| (3) If a long-term care consultation cannot be completed | 16079 |
| within the number of days required by division (H)(1) or (2) of | 16080 |
|
this section, the department or | 16081 |
| 16082 |
| (a) | 16083 |
| (G)(1) of this section, exempt the individual from the | 16084 |
| consultation pursuant to rules that may be adopted under division | 16085 |
| (L) of this section; | 16086 |
| (b) In the case of an applicant for admission to a nursing | 16087 |
| facility, provide the consultation after the individual is | 16088 |
| admitted to the nursing facility; | 16089 |
| (c) In the case of a resident of a nursing facility, provide | 16090 |
| the consultation as soon as practicable. | 16091 |
| (I) An individual is not required to be provided a long-term | 16092 |
| care consultation under division (G)(1) of this section if any of | 16093 |
| the following apply: | 16094 |
| (1) The department or program administrator has attempted to | 16095 |
| provide the consultation, but the individual or the individual's | 16096 |
|
representative | 16097 |
| 16098 | |
| 16099 |
| (2) The individual is to receive care in a nursing facility | 16100 |
| under a contract for continuing care as defined in section 173.13 | 16101 |
| of the Revised Code; | 16102 |
| (3) The individual has a contractual right to admission to a | 16103 |
| nursing facility operated as part of a system of continuing care | 16104 |
| in conjunction with one or more facilities that provide a less | 16105 |
| intensive level of services, including a residential care facility | 16106 |
| licensed under Chapter 3721. of the Revised Code, an adult care | 16107 |
| facility licensed under Chapter 3722. of the Revised Code, or an | 16108 |
| independent living arrangement; | 16109 |
| (4) The individual is to receive continual care in a home for | 16110 |
| the aged exempt from taxation under section 5701.13 of the Revised | 16111 |
| Code; | 16112 |
| (5) The individual is seeking admission to a facility that is | 16113 |
| not a nursing facility with a provider agreement under section | 16114 |
| 5111.22, 5111.671, or 5111.672 of the Revised Code; | 16115 |
| (6) | 16116 |
| 16117 |
| | 16118 |
| 16119 |
| | 16120 |
| consultation requirement by the department or the program | 16121 |
| administrator pursuant to rules that may be adopted under division | 16122 |
| (L) of this section. | 16123 |
| (J) | 16124 |
|
long-term care
consultation program, the department or | 16125 |
|
program administrator | 16126 |
| 16127 | |
| 16128 | |
| 16129 | |
| services that are appropriate for the individual and for which | 16130 |
| the individual is eligible, including all available home and | 16131 |
| community-based services covered by medicaid components the | 16132 |
|
department of aging administers. | 16133 |
| 16134 | |
| 16135 | |
| 16136 | |
| 16137 | |
| 16138 | |
| of assessments or other evaluations and the development of | 16139 |
| individualized plans of care or services under section 173.424 of | 16140 |
| the Revised Code. | 16141 |
| (K) No nursing facility for which an operator has a provider | 16142 |
| agreement under section 5111.22, 5111.671, or 5111.672 of the | 16143 |
|
Revised Code shall
admit
| 16144 |
| unless the nursing facility has received evidence that a | 16145 |
| long-term care consultation has been completed for the individual | 16146 |
| or division (I) of this section is applicable to the individual. | 16147 |
| (L) The director of aging may adopt any rules the director | 16148 |
| considers necessary for the implementation and administration of | 16149 |
| this section. The rules shall be adopted in accordance with | 16150 |
| Chapter 119. of the Revised Code and may specify any or all of | 16151 |
| the following: | 16152 |
| (1) Procedures for providing long-term care consultations | 16153 |
| pursuant to this section; | 16154 |
| (2) Information to be provided through long-term care | 16155 |
| consultations regarding long-term care services that are | 16156 |
| available; | 16157 |
| (3) Criteria | 16158 |
| 16159 | |
| procedures to be used to identify and recommend appropriate | 16160 |
| service options for an individual receiving a long-term care | 16161 |
| consultation; | 16162 |
| (4) Criteria for exempting individuals from the long-term | 16163 |
| care consultation requirement; | 16164 |
| (5) Circumstances under which it may be appropriate to | 16165 |
| provide an individual's long-term care consultation after the | 16166 |
| individual's admission to a nursing facility rather than before | 16167 |
| admission; | 16168 |
| (6) Criteria for identifying nursing facility residents who | 16169 |
| would benefit from the provision of a long-term care | 16170 |
| consultation; | 16171 |
| (7) A description of the types of information from a nursing | 16172 |
| facility that is needed under the long-term care consultation | 16173 |
| program to assist a resident with relocation from the facility; | 16174 |
| (8) Standards to prevent conflicts of interest relative to | 16175 |
| the referrals made by a person who performs a long-term care | 16176 |
| consultation, including standards that prohibit the person from | 16177 |
| being employed by a provider of long-term care services; | 16178 |
| (9) Procedures for providing notice and an opportunity for a | 16179 |
| hearing under division (N) of this section. | 16180 |
| (M) To assist the department and each program administrator | 16181 |
| with identifying individuals who are likely to benefit from a | 16182 |
| long-term care consultation, the department and program | 16183 |
| administrator may ask to be given access to nursing facility | 16184 |
| resident assessment data collected through the use of the resident | 16185 |
| assessment instrument specified in rules adopted under section | 16186 |
| 5111.02 of the Revised Code for purposes of the medicaid program. | 16187 |
| Except when prohibited by state or federal law, the department of | 16188 |
| health, department of job and family services, or nursing facility | 16189 |
| holding the data shall grant access to the data on receipt of the | 16190 |
| request from the department of aging or program administrator. | 16191 |
| | 16192 |
| an opportunity for a hearing, may fine a nursing facility an | 16193 |
| amount determined by rules the director shall adopt in accordance | 16194 |
|
with
Chapter 119. of the Revised Code | 16195 |
| reasons: | 16196 |
| (a) The nursing facility admits | 16197 |
| without evidence that a long-term care consultation has been | 16198 |
| provided, as required by this section; | 16199 |
| (b) The nursing facility denies a person attempting to | 16200 |
| provide a long-term care consultation access to the facility or a | 16201 |
| resident of the facility; | 16202 |
| (c) The nursing facility denies the department of aging or | 16203 |
| program administrator access to the facility or a resident of the | 16204 |
| facility, as the department or administrator considers necessary | 16205 |
| to administer the program. | 16206 |
| (2) In accordance with section 5111.62 of the Revised Code, | 16207 |
|
all fines collected under | 16208 |
| shall be deposited into the state treasury to the credit of the | 16209 |
| residents protection fund. | 16210 |
| Sec. 173.421. As part of the long-term care consultation | 16211 |
| program established under section 173.42 of the Revised Code, the | 16212 |
| department of aging may establish procedures for the conduct of | 16213 |
| periodic or follow-up long-term care consultations for residents | 16214 |
| of nursing facilities, including annual or more frequent | 16215 |
| reassessments of the residents' functional capabilities. If the | 16216 |
| procedures are established, the department or program | 16217 |
| administrator shall assign individuals to nursing facilities to | 16218 |
| serve as care managers within the facilities. The individuals | 16219 |
| assigned shall be individuals who are certified under section | 16220 |
| 173.422 of the Revised Code to provide long-term care | 16221 |
| consultations. | 16222 |
| | 16223 |
| individuals who meet certification requirements established by | 16224 |
| rule to provide long-term care consultations for purposes of | 16225 |
| 16226 | |
| director of aging shall adopt rules in accordance with Chapter | 16227 |
| 119. of the Revised Code governing the certification process and | 16228 |
| requirements. The rules shall specify the education, experience, | 16229 |
| or training in long-term care a person must have to qualify for | 16230 |
| certification. | 16231 |
| Sec. 173.423. If an individual who is the subject of a | 16232 |
| long-term care consultation is eligible for and elects to receive | 16233 |
| home and community-based services covered by medicaid components | 16234 |
| the department of aging administers, the department of aging or | 16235 |
| program administrator shall monitor the individual by doing | 16236 |
| either or both of the following at least once each year: | 16237 |
| (A) Determining whether the services being provided to the | 16238 |
| individual are appropriate; | 16239 |
| (B) Determining whether changes in the types of services | 16240 |
| being provided to the individual should be made. | 16241 |
| Sec. 173.424. If, under federal law, an individual's | 16242 |
| eligibility for the home and community-based services covered by | 16243 |
| medicaid components the department of aging administers is | 16244 |
| dependent on the conduct of an assessment or other evaluation of | 16245 |
| the individual's needs and capabilities and the development of an | 16246 |
| individualized plan of care or services, the department shall | 16247 |
| develop and implement all procedures necessary to comply with the | 16248 |
| federal law. The procedures shall include the use of long-term | 16249 |
| care consultations. | 16250 |
| Sec. 173.425. Annually, the department of aging shall prepare | 16251 |
| a report regarding the individuals who are the subjects of | 16252 |
| long-term care consultations and elect to receive home and | 16253 |
| community-based services covered by medicaid components the | 16254 |
| department of aging administers. The department shall prepare the | 16255 |
| report in consultation with the department of job and family | 16256 |
| services and office of budget and management. Each annual report | 16257 |
| shall include all of the following information: | 16258 |
| (A) The total savings achieved by providing home and | 16259 |
| community-based services covered by medicaid components the | 16260 |
| department of aging administers rather than services that | 16261 |
| otherwise would be provided in a nursing facility; | 16262 |
| (B) The average number of days that individuals receive home | 16263 |
| and community-based services covered by medicaid components the | 16264 |
| department of aging administers before and after receiving | 16265 |
| nursing facility services; | 16266 |
| (C) A categorical analysis of the acuity levels of the | 16267 |
| individuals who receive home and community-based services covered | 16268 |
| by medicaid components the department of aging administers; | 16269 |
| (D) Any other statistical information the department of aging | 16270 |
| considers appropriate for inclusion in the report. | 16271 |
| Sec. 173.43. (A) Subject to section 173.433 of the Revised | 16272 |
| Code, the department of aging shall enter into an interagency | 16273 |
| agreement with the department of job and family services under | 16274 |
| section 5111.91 of the Revised Code under which the department of | 16275 |
| aging is required to establish for each biennium a unified | 16276 |
| long-term care budget for home and community-based services | 16277 |
| covered by medicaid components the department of aging | 16278 |
| administers. The interagency agreement shall require the | 16279 |
| department of aging to do all of the following: | 16280 |
| (1) Administer the unified long-term care budget in | 16281 |
| accordance with sections 173.43 to 173.434 of the Revised Code and | 16282 |
| the general assembly's appropriations for home and community-based | 16283 |
| services covered by medicaid components the department of aging | 16284 |
| administers for the applicable biennium; | 16285 |
| (2) Contract with each area agency on aging for assistance in | 16286 |
| the administration of the unified long-term care budget; | 16287 |
| (3) Provide individuals who are eligible for home and | 16288 |
| community-based services covered by medicaid components the | 16289 |
| department of aging administers a choice of services that meet | 16290 |
| the individuals' needs and improve their quality of life; | 16291 |
| (4) Provide a continuum of services that meet the life-long | 16292 |
| needs of individuals who are eligible for home and community-based | 16293 |
| services covered by medicaid components the department of aging | 16294 |
| administers. | 16295 |
| (B) The director of budget and management shall create new | 16296 |
| appropriation items as necessary for establishment of the unified | 16297 |
| long-term care budget. | 16298 |
| Sec. 173.431. Subject to section 173.433 of the Revised | 16299 |
| Code, the department of aging shall ensure that the unified | 16300 |
| long-term care budget established under section 173.43 of the | 16301 |
| Revised Code is administered in a manner that provides medicaid | 16302 |
| coverage of and expands access to all of the following as | 16303 |
| necessary to meet the needs of individuals receiving home and | 16304 |
| community-based services covered by medicaid components the | 16305 |
| department of aging administers: | 16306 |
| (A) To the extent permitted by the medicaid waivers | 16307 |
| authorizing department of aging-administered medicaid waiver | 16308 |
| components, all of the following medicaid waiver services | 16309 |
| provided under department of aging-administered medicaid waiver | 16310 |
| components: | 16311 |
| (1) Personal care services; | 16312 |
| (2) Home-delivered meals; | 16313 |
| (3) Adult day-care; | 16314 |
| (4) Homemaker services; | 16315 |
| (5) Emergency response services; | 16316 |
| (6) Medical equipment and supplies; | 16317 |
| (7) Chore services; | 16318 |
| (8) Social work counseling; | 16319 |
| (9) Nutritional counseling; | 16320 |
| (10) Independent living assistance; | 16321 |
| (11) Medical transportation; | 16322 |
| (12) Nonmedical transportation; | 16323 |
| (13) Home care attendant services; | 16324 |
| (14) Assisted living services; | 16325 |
| (15) Community transition services; | 16326 |
| (16) Enhanced community living services; | 16327 |
| (17) All other medicaid waiver services provided under | 16328 |
| department of aging-administered medicaid waiver components. | 16329 |
| (B) All of the following state medicaid plan services as | 16330 |
| specified in rules adopted under section 5111.02 of the Revised | 16331 |
| Code: | 16332 |
| (1) Home health services; | 16333 |
| (2) Private duty nursing services; | 16334 |
| (3) Durable medical equipment; | 16335 |
| (4) Services of a clinical nurse specialist; | 16336 |
| (5) Services of a certified nurse practitioner. | 16337 |
| (C) The services that the PACE program provides. | 16338 |
| Sec. 173.432. Subject to section 173.433 of the Revised Code, | 16339 |
| the department of aging or its designee shall provide care | 16340 |
| management and authorization services with regard to the state | 16341 |
| plan services specified in division (B) of section 173.431 of the | 16342 |
| Revised Code that are provided to participants of department of | 16343 |
| aging-administered medicaid waiver components. | 16344 |
| Sec. 173.433. (A) The director of job and family services | 16345 |
| shall do one or more of the following as necessary for the | 16346 |
| implementation of sections 173.43 to 173.432 of the Revised Code: | 16347 |
| (1) Submit one or more state medicaid plan amendments to the | 16348 |
| United States secretary of health and human services; | 16349 |
| (2) Request one or more federal medicaid waivers from the | 16350 |
| United States secretary; | 16351 |
| (3) Submit one or more federal medicaid waiver amendments to | 16352 |
| the United States secretary. | 16353 |
| (B) No provision of sections 173.43 to 173.432 of the Revised | 16354 |
| Code that requires the approval of the United States secretary of | 16355 |
| health and human services shall be implemented until the United | 16356 |
| States secretary provides the approval. | 16357 |
| Sec. 173.434. The director of job and family services shall | 16358 |
| adopt rules under section 5111.85 of the Revised Code to authorize | 16359 |
| the director of aging to adopt rules that are needed to implement | 16360 |
| sections 173.43 to 173.432 of the Revised Code. The director of | 16361 |
| aging's rules shall be adopted in accordance with Chapter 119. of | 16362 |
| the Revised Code." | 16363 |
| Sec. 173.50. (A) Pursuant to a contract entered into with the | 16364 |
| department of job and family services as an interagency agreement | 16365 |
| under section 5111.91 of the Revised Code, the department of aging | 16366 |
| shall carry out the day-to-day administration of the component of | 16367 |
| the medicaid program established under Chapter 5111. of the | 16368 |
| Revised Code known as the program of all-inclusive care for the | 16369 |
| elderly or PACE. The department of aging shall carry out its PACE | 16370 |
| administrative duties in accordance with the provisions of the | 16371 |
| interagency agreement and all applicable federal laws, including | 16372 |
| the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396u-4, | 16373 |
| as amended. | 16374 |
| (B) The department of aging may adopt rules in accordance | 16375 |
| with Chapter 119. of the Revised Code regarding the PACE program, | 16376 |
| including rules establishing priorities for enrolling in the | 16377 |
| program pursuant to section 173.501 of the Revised Code. The | 16378 |
| department's rules are subject to both of the following: | 16379 |
| (1) The rules shall be authorized by rules adopted by the | 16380 |
| department of job and family services. | 16381 |
| (2) The rules shall address only those issues that are not | 16382 |
| addressed in rules adopted by the department of job and family | 16383 |
| services for the PACE program. | 16384 |
| Sec. 173.501. (A) As used in this section: | 16385 |
| "Nursing facility" has the same meaning as in section 5111.20 | 16386 |
| of the Revised Code. | 16387 |
| "PACE provider" has the same meaning as in 42 U.S.C. | 16388 |
| 1396u-4(a)(3). | 16389 |
| (B) Each month, the department of aging shall determine | 16390 |
| whether individuals who are on a waiting list for the PACE program | 16391 |
| have been admitted to a nursing facility. If the department | 16392 |
| determines that such an individual has been admitted to a nursing | 16393 |
| facility, the department shall notify the PACE provider serving | 16394 |
| the area in which the individual resides about the determination. | 16395 |
| The PACE provider shall determine whether the PACE program is | 16396 |
| appropriate for the individual and whether the individual would | 16397 |
| rather participate in the PACE program than continue residing in | 16398 |
| the nursing facility. If the PACE provider determines that the | 16399 |
| PACE program is appropriate for the individual and the individual | 16400 |
| would rather participate in the PACE program than continue | 16401 |
| residing in the nursing facility, the PACE provider shall so | 16402 |
| notify the department of aging. On receipt of the notice from the | 16403 |
| PACE provider, the department of aging shall approve the | 16404 |
| individual's enrollment in the PACE program in accordance with | 16405 |
| priorities established in rules adopted under section 173.50 of | 16406 |
| the Revised Code. Each quarter, the department of aging shall | 16407 |
| certify to the director of budget and management the estimated | 16408 |
| increase in costs of the PACE program resulting from enrollment of | 16409 |
| individuals in the PACE program pursuant to this section. | 16410 |
| Sec. 173.99. (A) A long-term care provider, person employed | 16411 |
| by a long-term care provider, other entity, or employee of such | 16412 |
| other entity that violates division (C) of section 173.24 of the | 16413 |
| Revised Code is subject to a fine not to exceed one thousand | 16414 |
| dollars for each violation. | 16415 |
| (B) Whoever violates division (C) of section 173.23 of the | 16416 |
| Revised Code is guilty of registering a false complaint, a | 16417 |
| misdemeanor of the first degree. | 16418 |
| (C) A long-term care provider, other entity, or person | 16419 |
| employed by a long-term care provider or other entity that | 16420 |
| violates division (E) of section 173.19 of the Revised Code by | 16421 |
| denying a representative of the office of the state long-term care | 16422 |
| ombudsperson program the access required by that division is | 16423 |
| subject to a fine not to exceed five hundred dollars for each | 16424 |
| violation. | 16425 |
| (D) Whoever violates division (C) of section 173.44 of the | 16426 |
| Revised Code is subject to a fine of one hundred dollars. | 16427 |
| | 16428 |
| 16429 |
| Sec. 174.02. (A) The low- and moderate-income housing trust | 16430 |
| fund is hereby created in the state treasury. The fund consists of | 16431 |
| all appropriations made to the fund, housing trust fund fees | 16432 |
| collected by county recorders pursuant to section 317.36 of the | 16433 |
| Revised Code and deposited into the fund pursuant to section | 16434 |
| 319.63 of the Revised Code, and all grants, gifts, loan | 16435 |
| repayments, and contributions of money made from any source to the | 16436 |
| department of development for deposit in the fund. All investment | 16437 |
| earnings of the fund shall be credited to the fund. The director | 16438 |
| of development shall allocate a portion of the money in the fund | 16439 |
| to an account of the Ohio housing finance agency. The department | 16440 |
| shall administer the fund. The agency shall use money allocated to | 16441 |
| it for implementing and administering its programs and duties | 16442 |
| under sections 174.03 and 174.05 of the Revised Code, and the | 16443 |
| department shall use the remaining money in the fund for | 16444 |
| implementing and administering its programs and duties under | 16445 |
| sections 174.03 to 174.06 of the Revised Code. Use of all money | 16446 |
| drawn from the fund is subject to the following restrictions: | 16447 |
| (1) | 16448 |
| 16449 | |
| 16450 | |
| 16451 | |
| 16452 | |
| 16453 | |
| 16454 | |
| 16455 |
| | 16456 |
| appropriation authority for the fund shall be allocated between | 16457 |
| grants to community development corporations for the community | 16458 |
| development corporation grant program and grants and loans to the | 16459 |
| Ohio community development finance fund, a private nonprofit | 16460 |
| corporation. | 16461 |
| (b) In any year in which the amount in the fund exceeds one | 16462 |
| hundred thousand dollars and at least that much is allocated for | 16463 |
| the uses described in this section, not less than one hundred | 16464 |
| thousand dollars shall be used to provide training, technical | 16465 |
| assistance, and capacity building assistance to nonprofit | 16466 |
| development organizations. | 16467 |
| | 16468 |
| appropriation authority for the fund shall be used for the | 16469 |
| emergency shelter housing grants program to make grants to | 16470 |
| private, nonprofit organizations and municipal corporations, | 16471 |
| counties, and townships for emergency shelter housing for the | 16472 |
| homeless. The grants shall be distributed pursuant to rules the | 16473 |
| director adopts and qualify as matching funds for funds obtained | 16474 |
| pursuant to the McKinney Act, 101 Stat. 85 (1987), 42 U.S.C.A. | 16475 |
| 11371 to 11378. | 16476 |
| | 16477 |
|
exceeds the amount awarded pursuant to division (A) | 16478 |
| this section by at least two hundred fifty thousand dollars, at | 16479 |
| least two hundred fifty thousand dollars from the fund shall be | 16480 |
| provided to the department of aging for the resident services | 16481 |
| coordinator program as established in section 173.08 of the | 16482 |
| Revised Code. | 16483 |
| | 16484 |
| fund, not more than five per cent shall be used for | 16485 |
| administration. | 16486 |
| | 16487 |
| during any one fiscal year shall be for grants and loans to | 16488 |
| nonprofit organizations under section 174.03 of the Revised Code. | 16489 |
| | 16490 |
| during any one fiscal year, excluding the amounts awarded pursuant | 16491 |
|
to divisions (A)(1), (2), and | 16492 |
| for grants and loans for activities that provide housing and | 16493 |
| housing assistance to families and individuals in rural areas and | 16494 |
| small cities that are not eligible to participate as a | 16495 |
| participating jurisdiction under the "HOME Investment Partnerships | 16496 |
| Act," 104 Stat. 4094 (1990), 42 U.S.C. 12701 note, 12721. | 16497 |
| | 16498 |
| legal services other than the usual and customary legal services | 16499 |
| associated with the acquisition of housing. | 16500 |
| | 16501 |
| during any one fiscal year shall be for grants and loans for | 16502 |
| activities that provide housing and housing assistance to | 16503 |
| honorably discharged veterans. | 16504 |
| (9) Money in the fund may be used as matching money for | 16505 |
| federal funds received by the state, counties, municipal | 16506 |
| corporations, and townships for the activities listed in section | 16507 |
| 174.03 of the Revised Code. | 16508 |
| (B) If, after the second quarter of any year, it appears to | 16509 |
| the director that the full amount of the money in the fund | 16510 |
| designated in that year for activities that provide housing and | 16511 |
| housing assistance to families and individuals in rural areas and | 16512 |
| small cities under division (A) of this section will not be used | 16513 |
| for that purpose, the director may reallocate all or a portion of | 16514 |
| that amount for other housing activities. In determining whether | 16515 |
| or how to reallocate money under this division, the director may | 16516 |
| consult with and shall receive advice from the housing trust fund | 16517 |
| advisory committee. | 16518 |
| Sec. 174.03. (A) The department of development and the Ohio | 16519 |
| housing finance agency shall each develop programs under which, in | 16520 |
| accordance with rules adopted under this section, they may make | 16521 |
| grants, loans, loan guarantees, and loan subsidies to counties, | 16522 |
| municipal corporations, townships, local housing authorities, and | 16523 |
| nonprofit organizations and may make loans, loan guarantees, and | 16524 |
| loan subsidies to private developers and private lenders to assist | 16525 |
| in activities that provide housing and housing assistance for | 16526 |
| specifically targeted low- and moderate-income families and | 16527 |
| individuals. There is no minimum housing project size for awards | 16528 |
| under this division for any project that is developed for a | 16529 |
| special needs population and that is supported by a social service | 16530 |
| agency where the housing project is located. Activities for which | 16531 |
| grants, loans, loan guarantees, and loan subsidies may be made | 16532 |
| under this section include all of the following: | 16533 |
| (1) Acquiring, financing, constructing, leasing, | 16534 |
| rehabilitating, remodeling, improving, and equipping publicly or | 16535 |
| privately owned housing; | 16536 |
| (2) Providing supportive services related to housing and the | 16537 |
| homeless, including housing counseling. Not more than twenty per | 16538 |
| cent of the current year appropriation authority for the low- and | 16539 |
| moderate-income housing trust fund that remains after the award of | 16540 |
|
funds made pursuant to divisions (A)(1) | 16541 |
| section 174.02 of the Revised Code, shall be awarded in any fiscal | 16542 |
| year for supportive services. | 16543 |
| (3) Providing rental assistance payments or other project | 16544 |
| operating subsidies that lower tenant rents. | 16545 |
| (B) Activities listed under division (A) of this section may | 16546 |
| include emergency shelter care programs for unaccompanied youth | 16547 |
| seventeen years of age and younger. | 16548 |
| (C) Grants, loans, loan guarantees, and loan subsidies may be | 16549 |
| made to counties, municipal corporations, townships, and nonprofit | 16550 |
| organizations for the additional purposes of providing technical | 16551 |
| assistance, design and finance services and consultation, and | 16552 |
| payment of pre-development and administrative costs related to any | 16553 |
| of the activities listed above. | 16554 |
| (D) In developing programs under this section, the department | 16555 |
| and the agency shall invite, accept, and consider public comment, | 16556 |
| and recommendations from the housing trust fund advisory committee | 16557 |
| created under section 174.06 of the Revised Code, on how the | 16558 |
| programs should be designed to most effectively benefit low- and | 16559 |
| moderate-income families and individuals. The programs developed | 16560 |
| under this section shall respond collectively to housing and | 16561 |
| housing assistance needs of low- and moderate-income families and | 16562 |
| individuals statewide. | 16563 |
| (E) The department and the agency, in accordance with Chapter | 16564 |
| 119. of the Revised Code, shall each adopt rules to administer | 16565 |
| programs developed under this section. The rules shall prescribe | 16566 |
| procedures and forms that counties, municipal corporations, | 16567 |
| townships, local housing authorities, and nonprofit organizations | 16568 |
| shall use in applying for grants, loans, loan guarantees, and loan | 16569 |
| subsidies and that private developers and private lenders shall | 16570 |
| use in applying for loans, loan guarantees, and loan subsidies; | 16571 |
| eligibility criteria for the receipt of funds; procedures for | 16572 |
| reviewing and granting or denying applications; procedures for | 16573 |
| paying out funds; conditions on the use of funds; procedures for | 16574 |
| monitoring the use of funds; and procedures under which a | 16575 |
| recipient shall be required to repay funds that are improperly | 16576 |
| used. The rules shall do both of the following: | 16577 |
| (1) Require each recipient of a grant or loan made from the | 16578 |
| low- and moderate-income housing trust fund for activities that | 16579 |
| provide, or assist in providing, a rental housing project, to | 16580 |
| reasonably ensure that the rental housing project will remain | 16581 |
| affordable to those families and individuals targeted for the | 16582 |
| rental housing project for the useful life of the rental housing | 16583 |
| project or for thirty years, whichever is longer; | 16584 |
| (2) Require each recipient of a grant or loan made from the | 16585 |
| low- and moderate-income housing trust fund for activities that | 16586 |
| provide, or assist in providing, a housing project to prepare and | 16587 |
| implement a plan to reasonably assist any families and individuals | 16588 |
| displaced by the housing project in obtaining decent affordable | 16589 |
| housing. | 16590 |
| (F) In prescribing eligibility criteria and conditions for | 16591 |
| the use of funds, neither the department nor the agency is limited | 16592 |
| to the criteria and conditions specified in this section and each | 16593 |
| may prescribe additional eligibility criteria and conditions that | 16594 |
| relate to the purposes for which grants, loans, loan guarantees, | 16595 |
| and loan subsidies may be made. However, the department and agency | 16596 |
| are limited by the following specifically targeted low- and | 16597 |
| moderate-income guidelines: | 16598 |
| (1) Not less than seventy-five per cent of the money granted | 16599 |
| and loaned under this section in any fiscal year shall be for | 16600 |
| activities that provide affordable housing and housing assistance | 16601 |
| to families and individuals whose incomes are equal to or less | 16602 |
| than fifty per cent of the median income for the county in which | 16603 |
| they live, as determined by the department under section 174.04 | 16604 |
| of the Revised Code. | 16605 |
| (2) Any money granted and loaned under this section in any | 16606 |
| fiscal year that is not granted or loaned pursuant to division | 16607 |
| (F)(1) of this section shall be for activities that provide | 16608 |
| affordable housing and housing assistance to families and | 16609 |
| individuals whose incomes are equal to or less than eighty per | 16610 |
| cent of the median income for the county in which they live, as | 16611 |
| determined by the department under section 174.04 of the Revised | 16612 |
| Code. | 16613 |
| (G) In making grants, loans, loan guarantees, and loan | 16614 |
| subsidies under this section, the department and the agency shall | 16615 |
| give preference to viable projects and activities that benefit | 16616 |
| those families and individuals whose incomes are equal to or less | 16617 |
| than thirty-five per cent of the median income for the county in | 16618 |
| which they live, as determined by the department under section | 16619 |
| 174.04 of the Revised Code. | 16620 |
| (H) The department and the agency shall monitor the programs | 16621 |
| developed under this section to ensure that money granted and | 16622 |
| loaned under this section is not used in a manner that violates | 16623 |
| division (H) of section 4112.02 of the Revised Code or | 16624 |
| discriminates against families with children. | 16625 |
| Sec. 174.06. (A) There is hereby created the housing trust | 16626 |
| fund advisory committee. The committee consists of fourteen | 16627 |
| members the governor appoints as follows to represent | 16628 |
| organizations committed to housing and housing assistance for low- | 16629 |
| and moderate-income persons: | 16630 |
| (1) One member to represent lenders. | 16631 |
| (2) One member to represent for-profit builders and | 16632 |
| developers. | 16633 |
| (3) One member to represent the families and individuals | 16634 |
| included in the income groups targeted for housing and housing | 16635 |
| assistance under divisions (F) and (G) of section 174.03 of the | 16636 |
| Revised Code. | 16637 |
| (4) One member to represent religious, civic, or social | 16638 |
| service organizations. | 16639 |
| (5) One member to represent counties. | 16640 |
| (6) One member to represent municipal corporations. | 16641 |
| (7) One member to represent townships. | 16642 |
| (8) One member to represent local housing authorities. | 16643 |
| (9) One member to represent fair housing organizations. | 16644 |
| (10) Three members to represent nonprofit organizations. | 16645 |
| (11) One member to represent real estate brokers licensed | 16646 |
| under Chapter 4735. of the Revised Code. | 16647 |
| (12) One member to represent the for-profit rental housing | 16648 |
| industry. | 16649 |
| (B)(1) Terms of office are for four years, with each term | 16650 |
| ending on the same day of the same month as did the term that it | 16651 |
| succeeds. Each member shall hold office from the date of | 16652 |
| appointment until the end of the term for which the member was | 16653 |
| appointed. Vacancies shall be filled in the manner prescribed for | 16654 |
| the original appointment. A member appointed to fill a vacancy | 16655 |
| occurring prior to the expiration of a term shall hold office for | 16656 |
| the remainder of that term. A member shall continue in office | 16657 |
| subsequent to the expiration of a term until a successor takes | 16658 |
| office or until a period of sixty days has elapsed, whichever | 16659 |
| occurs first. | 16660 |
| (2) The governor may remove a member for misfeasance, | 16661 |
| malfeasance, or willful neglect of duty. | 16662 |
| (C)(1) The committee shall select a chairperson from among | 16663 |
| its members. The committee shall meet at least once each calendar | 16664 |
| year and upon the call of the chair. Members of the committee | 16665 |
| serve without compensation, but shall be reimbursed for reasonable | 16666 |
| and necessary expenses incurred in the discharge of duties. | 16667 |
| (2) The department of development shall provide the committee | 16668 |
| with a meeting place, supplies, and staff assistance as the | 16669 |
| committee requests. | 16670 |
| (D) The committee shall assist the department and the Ohio | 16671 |
| housing finance agency in defining housing needs and priorities, | 16672 |
| recommend to the department and agency at least annually how the | 16673 |
| programs developed under section 174.02 of the Revised Code should | 16674 |
| be designed to most effectively benefit low- and moderate-income | 16675 |
| persons, consider an allocation of funds for projects of fifteen | 16676 |
| units or less, and advise the director of development on whether | 16677 |
| and how to reallocate money in the low- and moderate-income | 16678 |
| housing trust fund under division (B) of section 174.02 of the | 16679 |
| Revised Code. | 16680 |
| Sec. 175.01. As used in | 16681 |
| 175.13 of the Revised Code: | 16682 |
| (A) "Bonds" means bonds, notes, debentures, refunding bonds, | 16683 |
| refunding notes, and other obligations. | 16684 |
| (B) "Financial assistance" means grants, loans, loan | 16685 |
| guarantees, an equity position in a project, and loan subsidies. | 16686 |
| (C) "Grant" means funding for which repayment is not | 16687 |
| required. | 16688 |
| (D) "Homeownership program" means any program for which the | 16689 |
| Ohio housing finance agency provides financing, directly or | 16690 |
| indirectly, for the purchase of housing for owner-occupancy. | 16691 |
| (E) "Housing" means housing for owner-occupancy and | 16692 |
| multifamily rental housing. | 16693 |
| (F) "Housing development fund" means the housing development | 16694 |
| fund created and administered pursuant to section 175.11 of the | 16695 |
| Revised Code. | 16696 |
| (G) "Housing finance agency personal services fund" means the | 16697 |
| housing finance agency personal services fund created and | 16698 |
| administered pursuant to section 175.051 of the Revised Code. | 16699 |
| (H) "Housing for owner-occupancy" means housing that is | 16700 |
| intended for occupancy by an owner as a principal residence. | 16701 |
| "Housing for owner-occupancy" may be any type of structure and may | 16702 |
| be owned in any form of ownership. | 16703 |
| (I) "Housing trust fund" means the low- and moderate-income | 16704 |
| housing trust fund created and administered pursuant to Chapter | 16705 |
| 174. of the Revised Code. | 16706 |
| (J) "Improvement" means any alteration, remodeling, addition, | 16707 |
| or repair that substantially protects or improves the basic | 16708 |
| habitability or energy efficiency of housing. | 16709 |
| (K) "Lending institution" means any financial institution | 16710 |
| qualified to conduct business in this state, a subsidiary | 16711 |
| corporation that is wholly owned by a financial institution | 16712 |
| qualified to conduct business in this state, and a mortgage lender | 16713 |
| whose regular business is originating, servicing, or brokering | 16714 |
| real estate loans and who is qualified to do business in this | 16715 |
| state. | 16716 |
| (L) "Loan" means any extension of credit or other form of | 16717 |
| financing or indebtedness extended directly or indirectly to a | 16718 |
| borrower with the expectation that it will be repaid in accordance | 16719 |
| with the terms of the underlying loan agreement or other pertinent | 16720 |
| document. "Loan" includes financing the Ohio housing finance | 16721 |
| agency extends to lending institutions and indebtedness the agency | 16722 |
| purchases from lending institutions. | 16723 |
| (M) "Loan guarantee" means any agreement in favor of a | 16724 |
| lending institution, bondholder, or other lender in which the | 16725 |
| credit and resources of the housing finance agency or the housing | 16726 |
| trust fund are pledged to secure the payment or collection of | 16727 |
| financing extended to a borrower for the acquisition, | 16728 |
| construction, improvement, rehabilitation, or preservation of | 16729 |
| housing or to refinance any financing previously extended for | 16730 |
| those purposes. | 16731 |
| (N) "Loan subsidy" means any deposit of funds the Ohio | 16732 |
| housing finance agency holds or administers into a lending | 16733 |
| institution with the authorization or direction that the income or | 16734 |
| revenues the deposit earns, or could have earned at competitive | 16735 |
| rates, be applied directly or indirectly to the benefit of housing | 16736 |
| assistance or financial assistance. | 16737 |
| (O) "Low- and moderate-income persons" means individuals and | 16738 |
| families who qualify as low- and moderate-income persons pursuant | 16739 |
| to guidelines the agency establishes. | 16740 |
| (P) "Multifamily rental housing" means multiple unit housing | 16741 |
| intended for rental occupancy. | 16742 |
| (Q) "Nonprofit organization" means a nonprofit organization | 16743 |
| in good standing and qualified to conduct business in this state | 16744 |
| including any corporation whose members are members of a | 16745 |
| metropolitan housing authority. | 16746 |
| (R) "Owner" means any person who, jointly or severally, has | 16747 |
| legal or equitable title to housing together with the right to | 16748 |
| control or possess that housing. "Owner" includes a purchaser of | 16749 |
| housing pursuant to a land installment contract if that contract | 16750 |
| vests possession and maintenance responsibilities in the | 16751 |
| purchaser, and a person who has care or control of housing as | 16752 |
| executor, administrator, assignee, trustee, or guardian of the | 16753 |
| estate of the owner of that housing. | 16754 |
| (S) "Security interest" means any lien, encumbrance, pledge, | 16755 |
| assignment, mortgage, or other form of collateral the Ohio housing | 16756 |
| finance agency holds as security for financial assistance the | 16757 |
| agency extends or a loan the agency acquires. | 16758 |
| Sec. 175.04. (A) The governor shall appoint a chairperson | 16759 |
| from among the members of the Ohio housing finance agency. The | 16760 |
| agency members shall elect a member as vice-chairperson. The | 16761 |
| agency members may appoint other officers, who need not be members | 16762 |
| of the agency, as the agency deems necessary. | 16763 |
| (B) Six members of the agency constitute a quorum and the | 16764 |
| affirmative vote of six members is necessary for any action the | 16765 |
| agency takes. No vacancy in agency membership impairs the right of | 16766 |
| a quorum to exercise all of the agency's rights and perform all | 16767 |
| the agency's duties. Agency meetings may be held at any place | 16768 |
| within the state. Meetings shall comply with section 121.22 of the | 16769 |
| Revised Code. | 16770 |
| (C) The agency shall maintain accounting records in | 16771 |
| accordance with generally accepted accounting principals and other | 16772 |
| required accounting standards. | 16773 |
| (D) The agency shall develop policies and guidelines for the | 16774 |
| administration of its programs and annually shall conduct at least | 16775 |
| one public hearing to obtain input from any interested party | 16776 |
| regarding the administration of its programs. The hearing shall be | 16777 |
| held at a time and place as the agency determines and when a | 16778 |
| quorum of the agency is present. | 16779 |
| (E) The agency shall appoint committees and subcommittees | 16780 |
| comprised of members of the agency to handle matters it deems | 16781 |
| appropriate. | 16782 |
| (1) The agency shall adopt an annual plan to address this | 16783 |
| state's housing needs. The agency shall appoint an annual plan | 16784 |
| committee to develop the plan and present it to the agency for | 16785 |
| consideration. | 16786 |
| (2) The annual plan committee shall select an advisory board | 16787 |
| from a list of interested individuals the executive director | 16788 |
| provides or on its own recommendation. The advisory board shall | 16789 |
| provide input on the plan at committee meetings prior to the | 16790 |
| annual public hearing. At the public hearing, the committee shall | 16791 |
| discuss advisory board comments. The advisory board may include, | 16792 |
| but is not limited to, persons who represent state agencies, local | 16793 |
| governments, public corporations, nonprofit organizations, | 16794 |
| community development corporations, housing advocacy organizations | 16795 |
| for low- and moderate-income persons, realtors, syndicators, | 16796 |
| investors, lending institutions as recommended by a statewide | 16797 |
| banking organization, and other entities participating in the | 16798 |
| agency's programs. | 16799 |
| Each agency program that allows for loans to be made to | 16800 |
| finance housing for owner occupancy that benefits other than low- | 16801 |
| and moderate-income households, or for loans to be made to | 16802 |
| individuals under bonds issued pursuant to division (B) of section | 16803 |
| 175.08 of the Revised Code, shall be presented to the advisory | 16804 |
| board and included in the annual plan as approved by the agency | 16805 |
| before the program's implementation. | 16806 |
| (F) The agency shall prepare an annual financial report | 16807 |
| describing its activities during the reporting year and submit | 16808 |
| that report to the governor, the speaker of the house of | 16809 |
| representatives, and the president of the senate within three | 16810 |
| months after the end of the reporting year. The report shall | 16811 |
| include the agency's audited financial statements, prepared in | 16812 |
| accordance with generally accepted accounting principles and | 16813 |
| appropriate accounting standards. | 16814 |
| (G) The agency shall prepare an annual report of its programs | 16815 |
| describing how the programs have met this state's housing needs. | 16816 |
| The agency shall submit the report to the governor, the speaker of | 16817 |
| the house of representatives, and the president of the senate | 16818 |
| within three months after the end of the reporting year. | 16819 |
| (H) The agency shall prepare an annual report regarding the | 16820 |
| grants for grads program created under section 175.31 of the | 16821 |
| Revised Code describing the number and dollar amount of grants | 16822 |
| awarded, and the activities of the agency under sections 175.30 to | 16823 |
| 175.35 of the Revised Code, during the previous calendar year. The | 16824 |
| agency shall submit the report to the governor, director of | 16825 |
| development, chancellor of the Ohio board of regents, president of | 16826 |
| the senate, and speaker of the house of representatives. | 16827 |
| Sec. 175.30. As used in sections 175.30 to 175.35 of the | 16828 |
| Revised Code: | 16829 |
| (A) "First home" or "home" means the first residential real | 16830 |
| property located in this state to be purchased by a grantee who | 16831 |
| has not owned or had an ownership interest in a principal | 16832 |
| residence in the three years prior to the purchase. | 16833 |
| (B) "Graduate" means an individual who has graduated from an | 16834 |
| institution of higher education and who is eligible under division | 16835 |
| (B) of section 175.31 of the Revised Code to apply for a grant | 16836 |
| awarded under the grants for grads program. | 16837 |
| (C) "Grant" means a cash payment awarded to a grantee by the | 16838 |
| Ohio housing finance agency under section 175.32 of the Revised | 16839 |
| Code. | 16840 |
| (D) "Grantee" means an individual who has been awarded a | 16841 |
| grant under the program. | 16842 |
| (E) "Institution of higher education" means a state | 16843 |
| university or college located in this state, a private college or | 16844 |
| university located in this state that possesses a certificate of | 16845 |
| authorization issued by the Ohio board of regents under Chapter | 16846 |
| 1713. of the Revised Code, or an accredited college or university | 16847 |
| located outside this state that is accredited by an accrediting | 16848 |
| organization or professional accrediting association recognized by | 16849 |
| the Ohio board of regents. | 16850 |
| (F) "Ohio resident" means any of the following: | 16851 |
| (1) An individual who was a resident of this state at the | 16852 |
| time of the individual's graduation from an Ohio public or | 16853 |
| nonpublic high school that is approved by the state board of | 16854 |
| education, and who is a resident of this state at the time of | 16855 |
| applying for the program; | 16856 |
| (2) An individual who was a resident of this state at the | 16857 |
| time of completing, through the twelfth-grade level, a home study | 16858 |
| program approved by the state board of education, and who is a | 16859 |
| resident of this state at the time of applying for the program; | 16860 |
| (3) An individual whose parent was a resident of this state | 16861 |
| at the time of the individual's graduation from high school, and | 16862 |
| who graduated from either of the following: | 16863 |
| (a) An out-of-state high school that was accredited by a | 16864 |
| regional accrediting organization recognized by the United States | 16865 |
| department of education and met standards at least equivalent to | 16866 |
| those adopted by the state board of education for approval of | 16867 |
| nonpublic schools in this state; | 16868 |
| (b) A high school approved by the United States department of | 16869 |
| defense. | 16870 |
| (G) "Program" means the grants for grads program created | 16871 |
| under section 175.31 of the Revised Code. | 16872 |
| Sec. 175.31. (A) There is hereby created the grants for grads | 16873 |
| program for the purpose of providing grants to Ohio residents who | 16874 |
| have received an associate, baccalaureate, master's, doctoral, or | 16875 |
| other postgraduate degree, which grants shall be used by a | 16876 |
| grantee to pay for the down payment or closing costs on the | 16877 |
| purchase of a first home. The program shall be administered by | 16878 |
| the Ohio housing finance agency using moneys available to it. | 16879 |
| Participation in the program shall require a graduate to be | 16880 |
| eligible under division (B) of this section and to file an | 16881 |
| application for the grant in accordance with division (C) of this | 16882 |
| section. | 16883 |
| (B)(1) A graduate is eligible to participate in the program | 16884 |
| if the graduate: | 16885 |
| (a) Is an Ohio resident who has received an associate, | 16886 |
| baccalaureate, master's, doctoral, or other postgraduate degree | 16887 |
| from an institution of higher education; | 16888 |
| (b) Is able to provide to the agency evidence documenting the | 16889 |
| graduate's Ohio residency and documenting graduation from a high | 16890 |
| school and an institution of higher education; | 16891 |
| (c) Intends to live and work in this state for at least five | 16892 |
| years after the graduate's graduation or completion of a degree | 16893 |
| described in division (B)(1)(a) of this section; and | 16894 |
| (d) Intends to purchase a first home in this state. | 16895 |
| (2) Married graduates may both apply for grants under the | 16896 |
| program and both graduates, if eligible, shall be included in the | 16897 |
| lottery pool under section 175.32 of the Revised Code. | 16898 |
| (3) A graduate who is married to an individual who has | 16899 |
| previously received a grant under the program is ineligible to | 16900 |
| apply for a grant under this section. | 16901 |
| (C) A graduate who is eligible under division (B) of this | 16902 |
| section to participate in the program shall file an application | 16903 |
| with the Ohio housing finance agency not later than the sixtieth | 16904 |
| day after the graduate's graduation date or date of completion of | 16905 |
| a degree described in division (B)(1)(a) of this section, except | 16906 |
| that for purposes of the initial lottery conducted under the | 16907 |
| program, a graduate is eligible to file an application if the | 16908 |
| graduate's graduation date or date of completion of a degree | 16909 |
| occurs on or after January 1, 2008. Married graduates who both are | 16910 |
| eligible for a grant under the program shall apply individually. | 16911 |
| The agency shall provide for the content and format of the | 16912 |
| application. A graduate who files an application under this | 16913 |
| division is ineligible to file an application for a grant in any | 16914 |
| other six-month period. | 16915 |
| (D) The application shall include information as determined | 16916 |
| by rule of the Ohio housing finance agency under section 175.34 of | 16917 |
| the Revised Code, but at a minimum shall include evidence of | 16918 |
| meeting the requirements in division (B) of this section. | 16919 |
| (E) A graduate who, at any time during the period from filing | 16920 |
| the application for a grant until a grant is awarded, has been | 16921 |
| found by the state to be delinquent in the payment of individual | 16922 |
| income taxes is ineligible to receive a grant under the program. | 16923 |
| Sec. 175.32. (A) After selecting graduates pursuant to | 16924 |
| division (B) of this section, the Ohio housing finance agency | 16925 |
| shall review each application selected for compliance and | 16926 |
| accuracy, and shall determine whether a graduate is eligible to | 16927 |
| receive a grant and the amount thereof, based on the information | 16928 |
| provided to the agency in the application. An application found | 16929 |
| by the agency to be insufficient may be resubmitted by the | 16930 |
| selected graduate within sixty days. If the application is not | 16931 |
| resubmitted or the resubmitted application is found to be | 16932 |
| insufficient, the selected graduate shall not receive a grant. | 16933 |
| (B)(1) Grants shall be provided from moneys in the grants for | 16934 |
| grads fund. A grant shall be given to a graduate whose application | 16935 |
| has been determined by the agency to meet the requirements of | 16936 |
| section 175.31 of the Revised Code and to be timely and complete, | 16937 |
| and who has been selected as one of one hundred fifty grantees in | 16938 |
| a random lottery conducted by the agency twice a year, by the | 16939 |
| thirty-first day of January and by the thirty-first day of July | 16940 |
| of each year. The lottery pool shall include all graduate | 16941 |
| applicants who have filed applications within the six months | 16942 |
| immediately preceding the date on which the lottery is conducted. | 16943 |
| In addition, fifty alternate grantees shall be selected in the | 16944 |
| random lottery to receive any additional moneys available in the | 16945 |
| grants for grads fund after grants are awarded to the eligible | 16946 |
| grantees first selected for that six-month period. The alternate | 16947 |
| grantees shall receive grants in the order they were selected in | 16948 |
| the lottery until moneys for the six-month period are exhausted. | 16949 |
| (2) If there are less than one hundred fifty applicants for | 16950 |
| grants in a given six-month period, the lottery shall be dispensed | 16951 |
| with and all applicants the agency determines under this section | 16952 |
| to be eligible for grants shall be awarded grants. | 16953 |
| (C) The awarding of a grant shall be evidenced by written | 16954 |
| notification to the grantee, which notification shall clearly | 16955 |
| state the amount of the grant and the starting and ending dates of | 16956 |
| the award period. The agency shall provide the notification to | 16957 |
| selected grantees within sixty days after completion of the | 16958 |
| lottery. The award period shall be from the start date through | 16959 |
| the last day of the twenty-fourth month thereafter. | 16960 |
| (D) The amount of each grant awarded to a grantee who | 16961 |
| received a notification under division (C) of this section shall | 16962 |
| be as follows: | 16963 |
| (1) For a grantee who received an associate degree, two | 16964 |
| thousand five hundred dollars; | 16965 |
| (2) For a grantee who received a baccalaureate degree, five | 16966 |
| thousand dollars; | 16967 |
| (3) For a grantee who received a post-graduate degree, ten | 16968 |
| thousand dollars. | 16969 |
| (E) The grant shall be provided to the grantee as a cash | 16970 |
| payment when the grantee obtains a mortgage loan, and the amount | 16971 |
| of the cash payment shall be applied in full only to pay all or a | 16972 |
| portion of the closing costs or down payment on the purchase of | 16973 |
| the grantee's first home. The grantee shall not receive any cash | 16974 |
| back at the time of the closing. The grantee must take receipt of | 16975 |
| the grant within the award period designated in the notification, | 16976 |
| and must use it within twenty-four months after taking receipt of | 16977 |
| the grant, after which the grant shall expire. | 16978 |
| Sec. 175.33. (A)(1) At the time a first home is purchased | 16979 |
| under the program, the Ohio housing finance agency shall secure | 16980 |
| the amount of the grant by a lien on the home for a period of five | 16981 |
| years. Such lien shall attach, and may be perfected, collected, | 16982 |
| and enforced in the same manner as a mortgage lien on the home, | 16983 |
| and shall otherwise have the same force and effect as a mortgage | 16984 |
| lien, except that it shall be subordinate to a mortgage lien | 16985 |
| securing any money loaned by a financial institution for the | 16986 |
| purchase of the home. | 16987 |
| (2) If the agency finds that a grantee failed to comply | 16988 |
| with the first home ownership criteria in division (A) of | 16989 |
| section 175.30 of the Revised Code, or otherwise applied for a | 16990 |
| grant using fraudulent information, the agency shall enforce the | 16991 |
| lien. | 16992 |
| (B)(1) If a grantee becomes a resident of another state and | 16993 |
| does not reside at least five years in a first home purchased with | 16994 |
| a grant awarded under the program, the amount of the lien created | 16995 |
| in division (A) of this section that may be collected shall be | 16996 |
| determined as follows: | 16997 |
| Months resided in first home | Collectable amount as per cent of grant amount | 16998 | ||
| Less than 12 months | 100% | 16999 | ||
| 12 months and a day to 24 months | 80% | 17000 | ||
| 24 months and a day to 36 months | 60% | 17001 | ||
| 36 months and a day to 48 months | 40% | 17002 | ||
| 48 months and a day to 60 months | 20% | 17003 |
| The lien created under division (A) of this section shall be | 17004 |
| extinguished upon collection pursuant to this division. | 17005 |
| (2) A lien created under division (A)(1) of this section | 17006 |
| shall be extinguished if the grantee, within the five-year | 17007 |
| period, moves to another residence located in this state. | 17008 |
| Sec. 175.34. (A) The Ohio housing finance agency shall adopt | 17009 |
| rules under Chapter 119. of the Revised Code to carry out the | 17010 |
| purposes of the grants for grads program. | 17011 |
| (B) The agency shall internally audit the program and the | 17012 |
| grants for grads fund before the beginning of each calendar year. | 17013 |
| At the end of each calendar year, the agency shall prepare and | 17014 |
| submit an annual report to the advisory board created pursuant to | 17015 |
| section 175.04 of the Revised Code, specifying the internal audit | 17016 |
| work completed by the end of that calendar year and reporting on | 17017 |
| compliance with the annual internal audit program. | 17018 |
| Sec. 175.35. There is hereby created in the state treasury | 17019 |
| the grants for grads fund. The fund shall consist of all | 17020 |
| appropriations made to the fund and grants, gifts, and | 17021 |
| contributions of money made from any source to the Ohio housing | 17022 |
| finance agency for deposit in the fund. The fund shall be | 17023 |
| administered by the agency and is for use in providing grants to | 17024 |
| graduates participating in, and for implementing and | 17025 |
| administering, the program. Moneys in the fund shall be invested | 17026 |
| by the treasurer of state in the same manner as moneys in the | 17027 |
| general revenue fund, and earnings on the investments of the fund | 17028 |
| shall be deposited into the fund. | 17029 |
| Sec. 176.05. (A)(1) Notwithstanding any provision of law to | 17030 |
| the contrary, the rate of wages payable for the various | 17031 |
| occupations covered by sections 4115.03 to 4115.16 of the Revised | 17032 |
| Code to persons employed on a project who are not any of the | 17033 |
| following shall be determined according to this section: | 17034 |
| (a) Qualified volunteers; | 17035 |
| (b) Persons required to participate in a work activity, | 17036 |
| developmental activity, or alternative work activity under | 17037 |
| sections 5107.40 to 5107.69 of the Revised Code except those | 17038 |
| engaged in paid employment or subsidized employment pursuant to | 17039 |
| the activity; | 17040 |
| (c) | 17041 |
| benefit recipients required to participate in employment and | 17042 |
| training activities established by rules adopted under section | 17043 |
| 5101.54 of the Revised Code. | 17044 |
| An association representing the general contractors or | 17045 |
| subcontractors that engage in the business of residential | 17046 |
| construction in a certain locality shall negotiate with the | 17047 |
| applicable building and construction trades council in that | 17048 |
| locality an agreement or understanding that sets forth the | 17049 |
| residential prevailing rate of wages, payable on projects in that | 17050 |
| locality, for each of the occupations employed on those projects. | 17051 |
| (2) Notwithstanding any residential prevailing rate of wages | 17052 |
| established prior to July 1, 1995, if, by October 1, 1995, the | 17053 |
| parties are unable to agree under division (A)(1) of this section | 17054 |
| as to the rate of wages payable for each occupation covered by | 17055 |
| sections 4115.03 to 4115.16 of the Revised Code, the director of | 17056 |
| commerce shall establish the rate of wages payable for each | 17057 |
| occupation. | 17058 |
| (3) The residential prevailing rate of wages established | 17059 |
| under division (A)(1) or (2) of this section shall not be equal to | 17060 |
| or greater than the prevailing rate of wages determined by the | 17061 |
| director pursuant to sections 4115.03 to 4115.16 of the Revised | 17062 |
| Code for any of the occupations covered by those sections. | 17063 |
| (B) Except for the prevailing rate of wages determined by the | 17064 |
| director pursuant to sections 4115.03 to 4115.16 of the Revised | 17065 |
| Code, those sections and section 4115.99 of the Revised Code apply | 17066 |
| to projects. | 17067 |
| (C) The residential prevailing rate of wages established | 17068 |
| under division (A) of this section is not payable to any | 17069 |
| individual or member of that individual's family who provides | 17070 |
| labor in exchange for acquisition of the property for | 17071 |
| homeownership or who provides labor in place of or as a supplement | 17072 |
| to any rental payments for the property. | 17073 |
| (D) For the purposes of this section: | 17074 |
| (1) "Project" means any construction, rehabilitation, | 17075 |
| remodeling, or improvement of residential housing, whether on a | 17076 |
| single or multiple site for which a person, as defined in section | 17077 |
| 1.59 of the Revised Code, or municipal corporation, county, or | 17078 |
| township receives financing, that is financed in whole or in part | 17079 |
| from state moneys or pursuant to this chapter, section 133.51 or | 17080 |
| 307.698 of the Revised Code, or Chapter 174. or 175. of the | 17081 |
| Revised Code, except for any of the following: | 17082 |
| (a) The single-family mortgage revenue bonds homeownership | 17083 |
| program under Chapter 175. of the Revised Code, including | 17084 |
| owner-occupied dwellings of one to four units; | 17085 |
| (b) Projects consisting of fewer than six units developed by | 17086 |
| any entity that is not a nonprofit organization exempt from | 17087 |
| federal income tax under section 501(c)(3) of the Internal Revenue | 17088 |
| Code; | 17089 |
| (c) Projects of fewer than twenty-five units developed by any | 17090 |
| nonprofit organization that is exempt from federal income tax | 17091 |
| under section 501(c)(3) of the Internal Revenue Code; | 17092 |
| (d) Programs undertaken by any municipal corporation, county, | 17093 |
| or township, including lease-purchase programs, using mortgage | 17094 |
| revenue bond financing; | 17095 |
| (e) Any individual project, that is sponsored or developed by | 17096 |
| a nonprofit organization that is exempt from federal income tax | 17097 |
| under section 501(c)(3) of the Internal Revenue Code, for which | 17098 |
| the federal government or any of its agencies furnishes by loan, | 17099 |
| grant, low-income housing tax credit, or insurance more than | 17100 |
| twelve per cent of the costs of the project. For purposes of | 17101 |
| division (D)(2)(e) of this section, the value of the low-income | 17102 |
| housing tax credits shall be calculated as the proceeds from the | 17103 |
| sale of the tax credits, less the costs of the sale. | 17104 |
| As used in division (D)(1)(e) of this section, "sponsored" | 17105 |
| means that a general partner of a limited partnership owning the | 17106 |
| project or a managing member of a limited liability company owning | 17107 |
| the project is either a nonprofit organization that is exempt from | 17108 |
| federal income tax under section 501(c)(3) of the Internal Revenue | 17109 |
| Code or a person, as defined in section 1.59 of the Revised Code, | 17110 |
| or a limited liability company in which such a nonprofit | 17111 |
| organization maintains controlling interest. For purposes of this | 17112 |
| division, a general partner of a limited partnership that is a | 17113 |
| nonprofit organization described under this division is not | 17114 |
| required to be the sole general partner in the limited | 17115 |
| partnership, and a managing member of a limited liability company | 17116 |
| that is a nonprofit organization described under this division is | 17117 |
| not required to be the sole managing member in the limited | 17118 |
| liability company. | 17119 |
| Nothing in division (D)(1)(e) of this section shall be | 17120 |
| construed as permitting unrelated projects to be combined for the | 17121 |
| sole purpose of determining the total percentage of project costs | 17122 |
| furnished by the federal government or any of its agencies. | 17123 |
| (2) A "project" is a "public improvement" and the state or a | 17124 |
| political subdivision that undertakes or participates in the | 17125 |
| financing of a project is a "public authority," as both of the | 17126 |
| last two terms are defined in section 4115.03 of the Revised Code. | 17127 |
| (3) "Qualified volunteers" are volunteers who are working | 17128 |
| without compensation for a nonprofit organization that is exempt | 17129 |
| from federal income tax under section 501(c)(3) of the Internal | 17130 |
| Revenue Code, and that is providing housing or housing assistance | 17131 |
| only to families and individuals in a county whose incomes are not | 17132 |
| greater than one hundred forty per cent of the median income of | 17133 |
| that county as determined under section 174.04 of the Revised | 17134 |
| Code. | 17135 |
| Sec. 303.213. (A) As used in this section, "small wind farm" | 17136 |
|
means wind turbines and associated facilities | 17137 |
| 17138 | |
| 17139 | |
| the electrical grid and designed for, or capable of, operation at | 17140 |
| an aggregate capacity of less than five megawatts. | 17141 |
| (B) Notwithstanding division (A) of section 303.211 of the | 17142 |
| Revised Code, sections 303.01 to 303.25 of the Revised Code confer | 17143 |
| power on a board of county commissioners or board of zoning | 17144 |
| appeals to adopt zoning regulations governing the location, | 17145 |
| erection, construction, reconstruction, change, alteration, | 17146 |
| maintenance, removal, use, or enlargement of any small wind farm, | 17147 |
| whether publicly or privately owned, or the use of land for that | 17148 |
| purpose, which regulations may be more strict than the regulations | 17149 |
| prescribed in rules adopted under division (C)(2) of section | 17150 |
| 4906.20 of the Revised Code. | 17151 |
| (C) The designation under this section of a small wind farm | 17152 |
| as a public utility for purposes of sections 303.01 to 303.25 of | 17153 |
| the Revised Code shall not affect the classification of a small | 17154 |
| wind farm for purposes of state or local taxation. | 17155 |
| (D) Nothing in division (C) of this section shall be | 17156 |
| construed as affecting the classification of a telecommunications | 17157 |
| tower as defined in division (B) or (E) of section 303.211 of the | 17158 |
| Revised Code or any other public utility for purposes of state and | 17159 |
| local taxation. | 17160 |
| Sec. 305.20. For purposes of a statute or regulation that | 17161 |
| requires a county to publish a notice, advertisement, list, or | 17162 |
| other information more than once in a newspaper of general | 17163 |
| circulation, the second and subsequent publications are satisfied | 17164 |
| by posting the notice, advertisement, list, or other information | 17165 |
| on the county's internet web site if the first newspaper | 17166 |
| publication meets all the following conditions: | 17167 |
| (A) It states that the notice, advertisement, list, or other | 17168 |
| information is posted on the county's internet web site; | 17169 |
| (B) It includes the county's internet address on the | 17170 |
| worldwide web; and | 17171 |
| (C) It includes instructions for accessing the notice, | 17172 |
| advertisement, list, or other information on the county's internet | 17173 |
| web site. | 17174 |
| A notice, advertisement, list, or other information posted on | 17175 |
| a county's internet web site shall provide the same information as | 17176 |
| does the newspaper publication of the notice, advertisement, list, | 17177 |
| or other information except that the conditions outlined in | 17178 |
| divisions (A) to (C) of this section do not need to be included. | 17179 |
| If a county does not operate and maintain, or ceases to | 17180 |
| operate and maintain, an internet web site, the county is not | 17181 |
| entitled to publish a notice, advertisement, list, or other | 17182 |
| information under this section and shall comply with the statutory | 17183 |
| publication requirements that otherwise apply to the notice, | 17184 |
| advertisement, list, or other information. | 17185 |
| For purposes of this section, "county" means a board of | 17186 |
| county commissioners, a county elected official, or any | 17187 |
| contracting authority as defined in section 307.92 of the Revised | 17188 |
| Code. | 17189 |
| Sec. 307.12. (A) Except as otherwise provided in divisions | 17190 |
| (D), (E), and (G) of this section or in section 307.121 of the | 17191 |
| Revised Code, when the board of county commissioners finds, by | 17192 |
| resolution, that the county has personal property, including motor | 17193 |
| vehicles acquired for the use of county officers and departments, | 17194 |
| and road machinery, equipment, tools, or supplies, that is not | 17195 |
| needed for public use, is obsolete, or is unfit for the use for | 17196 |
| which it was acquired, and when the fair market value of the | 17197 |
| property to be sold or donated under this division is, in the | 17198 |
| opinion of the board, in excess of two thousand five hundred | 17199 |
| dollars, the board may do either of the following: | 17200 |
| (1) Sell the property at public auction or by sealed bid to | 17201 |
| the highest bidder. Notice of the time, place, and manner of the | 17202 |
| sale shall be published in a newspaper of general circulation in | 17203 |
| the county at least ten days prior to the sale, and a typewritten | 17204 |
| or printed notice of the time, place, and manner of the sale shall | 17205 |
| be posted at least ten days before the sale in the offices of the | 17206 |
| county auditor and the board of county commissioners. | 17207 |
| If a board conducts a sale of property by sealed bid, the | 17208 |
| form of the bid shall be as prescribed by the board, and each bid | 17209 |
| shall contain the name of the person submitting it. Bids received | 17210 |
| shall be opened and tabulated at the time stated in the notice. | 17211 |
| The property shall be sold to the highest bidder, except that the | 17212 |
| board may reject all bids and hold another sale, by public auction | 17213 |
| or sealed bid, in the manner prescribed by this section. | 17214 |
| (2) Donate any motor vehicle that does not exceed four | 17215 |
| thousand five hundred dollars in value to a nonprofit organization | 17216 |
| exempt from federal income taxation pursuant to 26 U.S.C. 501(a) | 17217 |
| and (c)(3) for the purpose of meeting the transportation needs of | 17218 |
| participants in the Ohio works first program established under | 17219 |
| Chapter 5107. of the Revised Code and participants in the | 17220 |
| prevention, retention, and contingency program established under | 17221 |
| Chapter 5108. of the Revised Code. | 17222 |
| (B) When the board of county commissioners finds, by | 17223 |
| resolution, that the county has personal property, including motor | 17224 |
| vehicles acquired for the use of county officers and departments, | 17225 |
| and road machinery, equipment, tools, or supplies, that is not | 17226 |
| needed for public use, is obsolete, or is unfit for the use for | 17227 |
| which it was acquired, and when the fair market value of the | 17228 |
| property to be sold or donated under this division is, in the | 17229 |
| opinion of the board, two thousand five hundred dollars or less, | 17230 |
| the board may do either of the following: | 17231 |
| (1) Sell the property by private sale, without advertisement | 17232 |
| or public notification; | 17233 |
| (2) Donate the property to an eligible nonprofit organization | 17234 |
| that is located in this state and is exempt from federal income | 17235 |
| taxation pursuant to 26 U.S.C. 501(a) and (c)(3). Before donating | 17236 |
| any property under this division, the board shall adopt a | 17237 |
| resolution expressing its intent to make unneeded, obsolete, or | 17238 |
| unfit-for-use county personal property available to these | 17239 |
| organizations. The resolution shall include guidelines and | 17240 |
| procedures the board considers necessary to implement a donation | 17241 |
| program under this division and shall indicate whether the county | 17242 |
| will conduct the donation program or the board will contract with | 17243 |
| a representative to conduct it. If a representative is known when | 17244 |
| the resolution is adopted, the resolution shall provide contact | 17245 |
| information such as the representative's name, address, and | 17246 |
| telephone number. | 17247 |
| The resolution shall include within its procedures a | 17248 |
| requirement that any nonprofit organization desiring to obtain | 17249 |
| donated property under this division shall submit a written notice | 17250 |
| to the board or its representative. The written notice shall | 17251 |
| include evidence that the organization is a nonprofit organization | 17252 |
| that is located in this state and is exempt from federal income | 17253 |
| taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of | 17254 |
| the organization's primary purpose; a description of the type or | 17255 |
| types of property the organization needs; and the name, address, | 17256 |
| and telephone number of a person designated by the organization's | 17257 |
| governing board to receive donated property and to serve as its | 17258 |
| agent. | 17259 |
| After adoption of the resolution, the board shall publish, in | 17260 |
| a newspaper of general circulation in the county, notice of its | 17261 |
| intent to donate unneeded, obsolete, or unfit-for-use county | 17262 |
| personal property to eligible nonprofit organizations. The notice | 17263 |
| shall include a summary of the information provided in the | 17264 |
| resolution and shall be published at least twice. The second and | 17265 |
| any subsequent notice shall be published not less than ten nor | 17266 |
| more than twenty days after the previous notice. A similar notice | 17267 |
| also shall be posted continually in a conspicuous place in the | 17268 |
| offices of the county auditor and the board of county | 17269 |
| commissioners, and, if the county maintains a web site on the | 17270 |
| internet, the notice shall be posted continually at that web site. | 17271 |
| The board or its representative shall maintain a list of all | 17272 |
| nonprofit organizations that notify the board or its | 17273 |
| representative of their desire to obtain donated property under | 17274 |
| this division and that the board or its representative determines | 17275 |
| to be eligible, in accordance with the requirements set forth in | 17276 |
| this section and in the donation program's guidelines and | 17277 |
| procedures, to receive donated property. | 17278 |
| The board or its representatives also shall maintain a list | 17279 |
| of all county personal property the board finds to be unneeded, | 17280 |
| obsolete, or unfit for use and to be available for donation under | 17281 |
| this division. The list shall be posted continually in a | 17282 |
| conspicuous location in the offices of the county auditor and the | 17283 |
| board of county commissioners, and, if the county maintains a web | 17284 |
| site on the internet, the list shall be posted continually at that | 17285 |
| web site. An item of property on the list shall be donated to the | 17286 |
| eligible nonprofit organization that first declares to the board | 17287 |
| or its representative its desire to obtain the item unless the | 17288 |
| board previously has established, by resolution, a list of | 17289 |
| eligible nonprofit organizations that shall be given priority with | 17290 |
| respect to the item's donation. Priority may be given on the basis | 17291 |
| that the purposes of a nonprofit organization have a direct | 17292 |
| relationship to specific public purposes of programs provided or | 17293 |
| administered by the board. A resolution giving priority to certain | 17294 |
| nonprofit organizations with respect to the donation of an item of | 17295 |
| property shall specify the reasons why the organizations are given | 17296 |
| that priority. | 17297 |
| (C) Members of the board of county commissioners shall | 17298 |
| consult with the Ohio ethics commission, and comply with the | 17299 |
| provisions of Chapters 102. and 2921. of the Revised Code, with | 17300 |
| respect to any sale or donation under division (A) or (B) of this | 17301 |
| section to a nonprofit organization of which a county | 17302 |
| commissioner, any member of the county commissioner's family, or | 17303 |
| any business associate of the county commissioner is a trustee, | 17304 |
| officer, board member, or employee. | 17305 |
| (D) Notwithstanding anything to the contrary in division (A), | 17306 |
| (B), or (E) of this section and regardless of the property's | 17307 |
| value, the board of county commissioners may sell or donate county | 17308 |
| personal property, including motor vehicles, to the federal | 17309 |
| government, the state, any political subdivision of the state, | 17310 |
| or a county land reutilization corporation without advertisement | 17311 |
| or public notification. | 17312 |
| (E) Notwithstanding anything to the contrary in division (A), | 17313 |
| (B), or (G) of this section and regardless of the property's | 17314 |
| value, the board of county commissioners may sell personal | 17315 |
| property, including motor vehicles acquired for the use of county | 17316 |
| officers and departments, and road machinery, equipment, tools, or | 17317 |
| supplies, that is not needed for public use, is obsolete, or is | 17318 |
| unfit for the use for which it was acquired, by internet auction. | 17319 |
| The board shall adopt, during each calendar year, a resolution | 17320 |
| expressing its intent to sell that property by internet auction. | 17321 |
| The resolution shall include a description of how the auctions | 17322 |
| will be conducted and shall specify the number of days for | 17323 |
| bidding on the property, which shall be no less than ten days, | 17324 |
| including Saturdays, Sundays, and legal holidays. The resolution | 17325 |
| shall indicate whether the county will conduct the auction or the | 17326 |
| board will contract with a representative to conduct the auction | 17327 |
| and shall establish the general terms and conditions of sale. If a | 17328 |
| representative is known when the resolution is adopted, the | 17329 |
| resolution shall provide contact information such as the | 17330 |
| representative's name, address, and telephone number. | 17331 |
| After adoption of the resolution, the board shall publish, in | 17332 |
| a newspaper of general circulation in the county, notice of its | 17333 |
| intent to sell unneeded, obsolete, or unfit-for-use county | 17334 |
| personal property by internet auction. The notice shall include a | 17335 |
| summary of the information provided in the resolution and shall be | 17336 |
| published at least twice. The second and any subsequent notice | 17337 |
| shall be published not less than ten nor more than twenty days | 17338 |
| after the previous notice. A similar notice also shall be posted | 17339 |
| continually throughout the calendar year in a conspicuous place in | 17340 |
| the offices of the county auditor and the board of county | 17341 |
| commissioners, and, if the county maintains a web site on the | 17342 |
| internet, the notice shall be posted continually throughout the | 17343 |
| calendar year at that web site. | 17344 |
| When property is to be sold by internet auction, the board or | 17345 |
| its representative may establish a minimum price that will be | 17346 |
| accepted for specific items and may establish any other terms and | 17347 |
| conditions for the particular sale, including requirements for | 17348 |
| pick-up or delivery, method of payment, and sales tax. This type | 17349 |
| of information shall be provided on the internet at the time of | 17350 |
| the auction and may be provided before that time upon request | 17351 |
| after the terms and conditions have been determined by the board | 17352 |
| or its representative. | 17353 |
| (F) When a county officer or department head determines that | 17354 |
| county-owned personal property under the jurisdiction of the | 17355 |
| officer or department head, including motor vehicles, road | 17356 |
| machinery, equipment, tools, or supplies, is not of immediate | 17357 |
| need, the county officer or department head may notify the board | 17358 |
| of county commissioners, and the board may lease that personal | 17359 |
| property to any municipal corporation, township, other political | 17360 |
| subdivision of the state, or to a county land reutilization | 17361 |
| corporation. The lease shall require the county to be reimbursed | 17362 |
| under terms, conditions, and fees established by the board, or | 17363 |
| under contracts executed by the board. | 17364 |
| (G) If the board of county commissioners finds, by | 17365 |
| resolution, that the county has vehicles, equipment, or machinery | 17366 |
| that is not needed, or is unfit for public use, and the board | 17367 |
| desires to sell the vehicles, equipment, or machinery to the | 17368 |
| person or firm from which it proposes to purchase other vehicles, | 17369 |
| equipment, or machinery, the board may offer to sell the vehicles, | 17370 |
| equipment, or machinery to that person or firm, and to have the | 17371 |
| selling price credited to the person or firm against the purchase | 17372 |
| price of other vehicles, equipment, or machinery. | 17373 |
| (H) If the board of county commissioners advertises for bids | 17374 |
| for the sale of new vehicles, equipment, or machinery to the | 17375 |
| county, it may include in the same advertisement a notice of the | 17376 |
| willingness of the board to accept bids for the purchase of | 17377 |
| county-owned vehicles, equipment, or machinery that is obsolete | 17378 |
| or not needed for public use, and to have the amount of those bids | 17379 |
| subtracted from the selling price of the other vehicles, | 17380 |
| equipment, or machinery as a means of determining the lowest | 17381 |
| responsible bidder. | 17382 |
| (I) If a board of county commissioners determines that county | 17383 |
| personal property is not needed for public use, or is obsolete or | 17384 |
| unfit for the use for which it was acquired, and that the property | 17385 |
| has no value, the board may discard or salvage that property. | 17386 |
| (J) A county engineer, in the engineer's discretion, may | 17387 |
| dispose of scrap construction materials on such terms as the | 17388 |
| engineer determines reasonable, including disposal without | 17389 |
| recovery of costs, if the total value of the materials does not | 17390 |
| exceed twenty-five thousand dollars. The engineer shall maintain | 17391 |
| records of all dispositions made under this division, including | 17392 |
| identification of the origin of the materials, the final | 17393 |
| disposition, and copies of all receipts resulting from the | 17394 |
| dispositions. | 17395 |
|
As used in division | 17396 |
| construction materials" means construction materials that result | 17397 |
| from a road or bridge improvement, remain after the improvement | 17398 |
| is completed, and are not reusable. Construction material that is | 17399 |
| metal and that results from a road or bridge improvement and | 17400 |
| remains after the improvement is completed is scrap construction | 17401 |
| material only if it cannot be used in any other road or bridge | 17402 |
| improvement or other project in its current state. | 17403 |
| Sec. 307.121. (A) As used in this section: | 17404 |
| (1) "Advertising" means internet advertising, including | 17405 |
| banners and icons that may contain links to commercial internet | 17406 |
| web sites. "Advertising" does not include "spyware," "malware," or | 17407 |
| any viruses or programs considered to be malicious. | 17408 |
| (2) "County official" includes the county auditor, county | 17409 |
| treasurer, county engineer, county recorder, county prosecuting | 17410 |
| attorney, county sheriff, county coroner, board of county | 17411 |
| commissioners, clerk of the probate court, clerk of the juvenile | 17412 |
| court, clerk of court for all divisions of the court of common | 17413 |
| pleas, clerk of a county-operated municipal court, and clerk of a | 17414 |
| county court. | 17415 |
| (3) "County web site" means any web site, internet page, or | 17416 |
| web page of a county office, with respective internet addresses or | 17417 |
| subdomains, that are intended to provide to the public information | 17418 |
| about services offered by the county office, including relevant | 17419 |
| forms and searchable data. | 17420 |
| (B) A board of county commissioners, by resolution adopted by | 17421 |
| a majority of the board's members, may authorize commercial | 17422 |
| advertising on a county web site under this section. The | 17423 |
| resolution shall include all of the following: | 17424 |
| (1) A specification of those county officials who, and of the | 17425 |
| county offices under those officials that, are authorized to place | 17426 |
| commercial advertisements on county web sites; | 17427 |
| (2) Criteria for choosing the advertisers and types of | 17428 |
| advertisements that may be placed on a county web site; | 17429 |
| (3) Requirements and procedures for making requests for | 17430 |
| proposals under this section; | 17431 |
| (4) Any other requirements or limitations necessary to | 17432 |
| authorize under this section commercial advertising on county web | 17433 |
| sites. | 17434 |
| (C) A board of county commissioners that adopts a resolution | 17435 |
| under this section shall send a copy of the resolution to each | 17436 |
| county official who is authorized by the resolution to place | 17437 |
| commercial advertisements on a county web site. After receiving | 17438 |
| the resolution, the county official shall provide written notice | 17439 |
| to the board if the official intends to implement the resolution. | 17440 |
| After providing such a written notice, the county official may | 17441 |
| make requests for proposals in the manner specified by the | 17442 |
| resolution for the purpose of identifying advertisers who, and | 17443 |
| whose advertisements will, meet the criteria, requirements, and | 17444 |
| limitations specified in the resolution. The board of county | 17445 |
| commissioners may enter into a contract with such an advertiser | 17446 |
| whereby the advertiser places an advertisement on the office's web | 17447 |
| site and pays a fee in consideration to the county general fund. | 17448 |
| (D) A county web site on which commercial advertising is | 17449 |
| placed under this section shall be used exclusively to provide | 17450 |
| information from a county office to the public, and shall not be | 17451 |
| used as a public forum. | 17452 |
| Sec. 307.626. (A) By the first day of April of each year, | 17453 |
| the person convening the child fatality review board shall prepare | 17454 |
|
and submit
to the Ohio department of health a report that | 17455 |
| 17456 | |
| the child | 17457 |
| in the previous calendar year: | 17458 |
| (1) The cause of death; | 17459 |
| (2) Factors contributing to death; | 17460 |
| (3) Age; | 17461 |
| (4) Sex; | 17462 |
| (5) Race; | 17463 |
| (6) The geographic location of death; | 17464 |
| (7) The year of death. | 17465 |
| The report shall specify the number of child deaths that | 17466 |
| 17467 | |
| not reviewed during the previous calendar year. | 17468 |
| The report may include recommendations for actions that might | 17469 |
| prevent other deaths, as well as any other information the review | 17470 |
| board determines should be included. | 17471 |
| (B) Reports prepared under division (A) of this section shall | 17472 |
| be considered public records under section 149.43 of the Revised | 17473 |
| Code. | 17474 |
| (C) The child fatality review board shall submit individual | 17475 |
| data with respect to each child death review into the Ohio | 17476 |
| department of health child death review database or the national | 17477 |
| child death review database. The individual data shall include the | 17478 |
| information specified in division (A) of this section and any | 17479 |
| other information the board considers relevant to the review. | 17480 |
| Individual data related to a child death review that is contained | 17481 |
| in the Ohio department of health child death review database is | 17482 |
| not a public record under section 149.43 of the Revised Code. | 17483 |
| Sec. 307.629. (A) Except as provided in sections 5153.171 to | 17484 |
| 5153.173 of the Revised Code, any information, document, or report | 17485 |
| presented to a child fatality review board, all statements made by | 17486 |
|
review
board members
during meetings of the review board, | 17487 |
| work products of the review board, and child fatality review data | 17488 |
| submitted by the child fatality review board to the department of | 17489 |
| health or a national child death review database, other than the | 17490 |
| report prepared pursuant to division (A) of section 307.626 of the | 17491 |
| Revised Code, are confidential and shall be used by the review | 17492 |
|
board | 17493 |
| exercise of the proper functions of the review board and the | 17494 |
| department. | 17495 |
| (B) No person shall permit or encourage the unauthorized | 17496 |
| dissemination of the confidential information described in | 17497 |
| division (A) of this section. | 17498 |
| (C) Whoever violates division (B) of this section is guilty | 17499 |
| of a misdemeanor of the second degree. | 17500 |
| Sec. 307.79. (A) The board of county commissioners may | 17501 |
| adopt, amend, and rescind rules establishing technically feasible | 17502 |
| and economically reasonable standards to achieve a level of | 17503 |
| management and conservation practices that will abate wind or | 17504 |
| water erosion of the soil or abate the degradation of the waters | 17505 |
| of the state by soil sediment in conjunction with land grading, | 17506 |
| excavating, filling, or other soil disturbing activities on land | 17507 |
| used or being developed for nonfarm commercial, industrial, | 17508 |
| residential, or other nonfarm purposes, and establish criteria for | 17509 |
| determination of the acceptability of those management and | 17510 |
| conservation practices. The rules shall be designed to implement | 17511 |
| the applicable areawide waste treatment management plan prepared | 17512 |
| under section 208 of the "Federal Water Pollution Control Act," 86 | 17513 |
| Stat. 816 (1972), 33 U.S.C.A. 1228, as amended, and to implement | 17514 |
| phase II of the storm water program of the national pollutant | 17515 |
| discharge elimination system established in 40 C.F.R. Part 122. | 17516 |
| The rules to implement phase II of the storm water program of the | 17517 |
| national pollutant discharge elimination system shall not be | 17518 |
| inconsistent with, more stringent than, or broader in scope than | 17519 |
| the rules or regulations adopted by the environmental protection | 17520 |
| agency under 40 C.F.R. Part 122. The rules adopted under this | 17521 |
| section shall not apply inside the limits of municipal | 17522 |
| corporations or the limits of townships with a limited home rule | 17523 |
| government that have adopted rules under section 504.21 of the | 17524 |
| Revised Code, to lands being used in a strip mine operation as | 17525 |
| defined in section 1513.01 of the Revised Code, or to land being | 17526 |
| used in a surface mine operation as defined in section 1514.01 of | 17527 |
| the Revised Code. | 17528 |
| The rules adopted under this section may require persons to | 17529 |
| file plans governing erosion control, sediment control, and water | 17530 |
| management before clearing, grading, excavating, filling, or | 17531 |
| otherwise wholly or partially disturbing one or more contiguous | 17532 |
| acres of land owned by one person or operated as one development | 17533 |
| unit for the construction of nonfarm buildings, structures, | 17534 |
| utilities, recreational areas, or other similar nonfarm uses. If | 17535 |
| the rules require plans to be filed, the rules shall do all of the | 17536 |
| following: | 17537 |
| (1) Designate the board itself, its employees, or another | 17538 |
| agency or official to review and approve or disapprove the plans; | 17539 |
| (2) Establish procedures and criteria for the review and | 17540 |
| approval or disapproval of the plans; | 17541 |
| (3) Require the designated entity to issue a permit to a | 17542 |
| person for the clearing, grading, excavating, filling, or other | 17543 |
| project for which plans are approved and to deny a permit to a | 17544 |
| person whose plans have been disapproved; | 17545 |
| (4) Establish procedures for the issuance of the permits; | 17546 |
| (5) Establish procedures under which a person may appeal the | 17547 |
| denial of a permit. | 17548 |
| Areas of less than one contiguous acre shall not be exempt | 17549 |
| from compliance with other provisions of this section or rules | 17550 |
| adopted under this section. The rules adopted under this section | 17551 |
| may impose reasonable filing fees for plan review, permit | 17552 |
| processing, and field inspections. | 17553 |
| No permit or plan shall be required for a public highway, | 17554 |
| transportation, or drainage improvement or maintenance project | 17555 |
| undertaken by a government agency or political subdivision in | 17556 |
| accordance with a statement of its standard sediment control | 17557 |
| policies that is approved by the board or the chief of the | 17558 |
|
division of soil and water
| 17559 |
| department of natural resources. | 17560 |
| (B) Rules or amendments may be adopted under this section | 17561 |
| only after public hearings at not fewer than two regular sessions | 17562 |
| of the board. The board of county commissioners shall cause to be | 17563 |
| published, in a newspaper of general circulation in the county, | 17564 |
| notice of the public hearings, including time, date, and place, | 17565 |
| once a week for two weeks immediately preceding the hearings. The | 17566 |
| proposed rules or amendments shall be made available by the board | 17567 |
| to the public at the board office or other location indicated in | 17568 |
| the notice. The rules or amendments shall take effect on the | 17569 |
| thirty-first day following the date of their adoption. | 17570 |
| (C) The board of county commissioners may employ personnel to | 17571 |
| assist in the administration of this section and the rules adopted | 17572 |
| under it. The board also, if the action does not conflict with the | 17573 |
| rules, may delegate duties to review sediment control and water | 17574 |
| management plans to its employees, and may enter into agreements | 17575 |
| with one or more political subdivisions, other county officials, | 17576 |
| or other government agencies, in any combination, in order to | 17577 |
| obtain reviews and comments on plans governing erosion control, | 17578 |
| sediment control, and water management or to obtain other services | 17579 |
| for the administration of the rules adopted under this section. | 17580 |
| (D) The board of county commissioners or any duly authorized | 17581 |
| representative of the board may, upon identification to the owner | 17582 |
| or person in charge, enter any land upon obtaining agreement with | 17583 |
| the owner, tenant, or manager of the land in order to determine | 17584 |
| whether there is compliance with the rules adopted under this | 17585 |
| section. If the board or its duly authorized representative is | 17586 |
| unable to obtain such an agreement, the board or representative | 17587 |
| may apply for, and a judge of the court of common pleas for the | 17588 |
| county where the land is located may issue, an appropriate | 17589 |
| inspection warrant as necessary to achieve the purposes of this | 17590 |
| chapter. | 17591 |
| (E)(1) If the board of county commissioners or its duly | 17592 |
| authorized representative determines that a violation of the rules | 17593 |
| adopted under this section exists, the board or representative may | 17594 |
| issue an immediate stop work order if the violator failed to | 17595 |
| obtain any federal, state, or local permit necessary for sediment | 17596 |
| and erosion control, earth movement, clearing, or cut and fill | 17597 |
| activity. In addition, if the board or representative determines | 17598 |
| such a rule violation exists, regardless of whether or not the | 17599 |
| violator has obtained the proper permits, the board or | 17600 |
| representative may authorize the issuance of a notice of | 17601 |
| violation. If, after a period of not less than thirty days has | 17602 |
| elapsed following the issuance of the notice of violation, the | 17603 |
| violation continues, the board or its duly authorized | 17604 |
| representative shall issue a second notice of violation. Except as | 17605 |
| provided in division (E)(3) of this section, if, after a period of | 17606 |
| not less than fifteen days has elapsed following the issuance of | 17607 |
| the second notice of violation, the violation continues, the board | 17608 |
| or its duly authorized representative may issue a stop work order | 17609 |
| after first obtaining the written approval of the prosecuting | 17610 |
| attorney of the county if, in the opinion of the prosecuting | 17611 |
| attorney, the violation is egregious. | 17612 |
| Once a stop work order is issued, the board or its duly | 17613 |
| authorize representative shall request, in writing, the | 17614 |
| prosecuting attorney of the county to seek an injunction or other | 17615 |
| appropriate relief in the court of common pleas to abate excessive | 17616 |
| erosion or sedimentation and secure compliance with the rules | 17617 |
| adopted under this section. If the prosecuting attorney seeks an | 17618 |
| injunction or other appropriate relief, then, in granting relief, | 17619 |
| the court of common pleas may order the construction of sediment | 17620 |
| control improvements or implementation of other control measures | 17621 |
| and may assess a civil fine of not less than one hundred or more | 17622 |
| than five hundred dollars. Each day of violation of a rule or stop | 17623 |
| work order issued under this section shall be considered a | 17624 |
| separate violation subject to a civil fine. | 17625 |
| (2) The person to whom a stop work order is issued under this | 17626 |
| section may appeal the order to the court of common pleas of the | 17627 |
| county in which it was issued, seeking any equitable or other | 17628 |
| appropriate relief from that order. | 17629 |
| (3) No stop work order shall be issued under this section | 17630 |
| against any public highway, transportation, or drainage | 17631 |
| improvement or maintenance project undertaken by a government | 17632 |
| agency or political subdivision in accordance with a statement of | 17633 |
| its standard sediment control policies that is approved by the | 17634 |
|
board or the chief of the division of soil and water | 17635 |
| resources in the department of natural resources. | 17636 |
| (F) No person shall violate any rule adopted or order issued | 17637 |
| under this section. Notwithstanding division (E) of this section, | 17638 |
| if the board of county commissioners determines that a violation | 17639 |
| of any rule adopted or administrative order issued under this | 17640 |
| section exists, the board may request, in writing, the prosecuting | 17641 |
| attorney of the county to seek an injunction or other appropriate | 17642 |
| relief in the court of common pleas to abate excessive erosion or | 17643 |
| sedimentation and secure compliance with the rules or order. In | 17644 |
| granting relief, the court of common pleas may order the | 17645 |
| construction of sediment control improvements or implementation of | 17646 |
| other control measures and may assess a civil fine of not less | 17647 |
| than one hundred or more than five hundred dollars. Each day of | 17648 |
| violation of a rule adopted or administrative order issued under | 17649 |
| this section shall be considered a separate violation subject to a | 17650 |
| civil fine. | 17651 |
| Sec. 311.17. Except as provided in a contract entered into | 17652 |
| under division (A) of section 3125.141 of the Revised Code, for | 17653 |
| the services specified in this section, the sheriff shall charge | 17654 |
| the following fees, which the court or its clerk shall tax in the | 17655 |
| bill of costs against the judgment debtor or those legally liable | 17656 |
| therefor for the judgment: | 17657 |
| (A) For the service and return of the following writs and | 17658 |
| orders: | 17659 |
| (1) Execution: | 17660 |
| (a) When money is paid without levy or when no property is | 17661 |
|
found, | 17662 |
| (b) When levy is made on real property, for the first tract, | 17663 |
| twenty-five dollars, and for each additional tract, ten dollars; | 17664 |
| (c) When levy is made on goods and chattels, including | 17665 |
| inventory, fifty dollars. | 17666 |
| (2) Writ of attachment of property, except for purpose of | 17667 |
| garnishment, forty dollars; | 17668 |
| (3) Writ of attachment for the purpose of garnishment, ten | 17669 |
| dollars; | 17670 |
| (4) Writ of replevin, forty dollars; | 17671 |
| (5) Warrant to arrest, for each person named in the writ,
| 17672 |
| twenty dollars; | 17673 |
| (6) Attachment for contempt, for each person named in the | 17674 |
| writ, six dollars; | 17675 |
| (7) Writ of possession or restitution, sixty dollars; | 17676 |
| (8) Subpoena, for each person named in the writ, in either a | 17677 |
|
civil or criminal case, | 17678 |
| (9) Venire, for each person named in the writ, in either a | 17679 |
| civil or criminal case, six dollars; | 17680 |
| (10) Summoning each juror, other than on venire, in either a | 17681 |
| civil or criminal case, six dollars; | 17682 |
| (11) Writ of partition, twenty-five dollars; | 17683 |
| (12) Order of sale on partition, for the first tract, fifty | 17684 |
| dollars, and for each additional tract, twenty-five dollars; | 17685 |
| (13) Other order of sale of real property, for the first | 17686 |
| tract, fifty dollars, and for each additional tract, twenty-five | 17687 |
| dollars; | 17688 |
| (14) Administering oath to appraisers, three dollars each; | 17689 |
| (15) Furnishing copies for advertisements, one dollar for | 17690 |
| each hundred words; | 17691 |
| (16) Copy of indictment, for each defendant, five dollars; | 17692 |
| (17) All summons, writs, orders, or notices, for the first | 17693 |
| name, six dollars, and for each additional name, one dollar. | 17694 |
| (B) In addition to the fee for service and return: | 17695 |
| (1) On each summons, writ, order, or notice, a fee of
| 17696 |
| 17697 | |
| one dollar per mile for each additional mile, going and returning, | 17698 |
| actual mileage to be charged on each additional name; | 17699 |
| (2) Taking bail bond, three dollars; | 17700 |
| (3) Jail fees, as follows: | 17701 |
| (a) For receiving a prisoner, five dollars each time a | 17702 |
| prisoner is received, and for discharging or surrendering a | 17703 |
| prisoner, five dollars each time a prisoner is discharged or | 17704 |
| surrendered. The departure or return of a prisoner from or to a | 17705 |
| jail in connection with a program established under section | 17706 |
| 5147.28 of the Revised Code is not a receipt, discharge, or | 17707 |
| surrender of the prisoner for purposes of this division. | 17708 |
| (b) Taking a prisoner before a judge or court, per day, five | 17709 |
| dollars; | 17710 |
| (c) Calling action, one dollar; | 17711 |
| (d) Calling jury, three dollars; | 17712 |
| (e) Calling each witness, three dollars; | 17713 |
| (f) Bringing prisoner before court on habeas corpus, six | 17714 |
| dollars. | 17715 |
| (4) Poundage on all moneys actually made and paid to the | 17716 |
| sheriff on execution, decree, or sale of real estate, one and | 17717 |
| one-half per cent; | 17718 |
| (5) Making and executing a deed of land sold on execution, | 17719 |
| decree, or order of the court, to be paid by the purchaser, fifty | 17720 |
| dollars. | 17721 |
| When any of the services described in division (A) or (B) of | 17722 |
| this section are rendered by an officer or employee, whose salary | 17723 |
| or per diem compensation is paid by the county, the applicable | 17724 |
| legal fees and any other extraordinary expenses, including | 17725 |
| overtime, provided for the service shall be taxed in the costs in | 17726 |
| the case and, when collected, shall be paid into the general fund | 17727 |
| of the county. | 17728 |
| The sheriff shall charge the same fees for the execution of | 17729 |
| process issued in any other state as the sheriff charges for the | 17730 |
| execution of process of a substantively similar nature that is | 17731 |
| issued in this state. | 17732 |
| Sec. 311.42. (A) Each county shall establish in the county | 17733 |
| treasury a sheriff's concealed handgun license issuance expense | 17734 |
| fund. The sheriff of that county shall deposit into that fund all | 17735 |
| fees paid by applicants for the issuance or renewal of a license | 17736 |
| or duplicate license to carry a concealed handgun under section | 17737 |
| 2923.125 of the Revised Code, including the administrative fee | 17738 |
| prescribed pursuant to division (C) of section 109.731 of the | 17739 |
| Revised Code, and all fees paid by the person seeking a temporary | 17740 |
| emergency license to carry a concealed handgun under section | 17741 |
|
2923.1213 of the Revised Code. The county shall | 17742 |
| 17743 | |
| 17744 | |
| 17745 | |
| bureau of criminal identification and investigation the portion of | 17746 |
| the fund that consists of the administrative fee and the cost of | 17747 |
| any background check performed by the bureau of criminal | 17748 |
| identification and investigation. | 17749 |
| (B) The sheriff, with the approval of the board of county | 17750 |
| commissioners, may expend any county portion of the fees deposited | 17751 |
| into the sheriff's concealed handgun license issuance expense fund | 17752 |
| for any costs incurred by the sheriff in connection with | 17753 |
| performing any administrative functions related to the issuance of | 17754 |
| licenses or temporary emergency licenses to carry a concealed | 17755 |
| handgun under section 2923.125 or 2923.1213 of the Revised Code, | 17756 |
| including, but not limited to, personnel expenses and the costs of | 17757 |
| any handgun safety education program that the sheriff chooses to | 17758 |
| fund. | 17759 |
| Sec. 319.24. A county auditor shall use the information | 17760 |
| received pursuant to section 3705.031 of the Revised Code to | 17761 |
| assist the auditor in verifying whether real property or a | 17762 |
| manufactured or mobile home is eligible for a reduction in | 17763 |
| property taxes under division (A) or (B) of section 323.152 of the | 17764 |
| Revised Code or section 4503.065 of the Revised Code. | 17765 |
| Sec. 319.28. (A) Except as otherwise provided in division | 17766 |
| (B) of this section, on or before the first Monday of August, | 17767 |
| annually, the county auditor shall compile and make up a general | 17768 |
| tax list of real and public utility property in the county, either | 17769 |
| in tabular form and alphabetical order, or, with the consent of | 17770 |
| the county treasurer, by listing all parcels in a permanent parcel | 17771 |
| number sequence to which a separate alphabetical index is keyed, | 17772 |
| containing the names of the several persons, companies, firms, | 17773 |
| partnerships, associations, and corporations in whose names real | 17774 |
| property has been listed in each township, municipal corporation, | 17775 |
| special district, or separate school district, or part of either | 17776 |
| in the auditor's county, placing separately, in appropriate | 17777 |
| columns opposite each name, the description of each tract, lot, or | 17778 |
| parcel of real estate, the value of each tract, lot, or parcel, | 17779 |
| the value of the improvements thereon, and of the names of the | 17780 |
| several public utilities whose property, subject to taxation on | 17781 |
| the general tax list and duplicate, has been apportioned by the | 17782 |
| department of taxation to the county, and the amount so | 17783 |
| apportioned to each township, municipal corporation, special | 17784 |
| district, or separate school district or part of either in the | 17785 |
| auditor's county, as shown by the certificates of apportionment of | 17786 |
| public utility property. If the name of the owner of any tract, | 17787 |
| lot, or parcel of real estate is unknown to the auditor, "unknown" | 17788 |
| shall be entered in the column of names opposite said tract, lot, | 17789 |
| or parcel. Such lists shall be prepared in duplicate. On or before | 17790 |
| the first Monday of September in each year, the auditor shall | 17791 |
| correct such lists in accordance with the additions and deductions | 17792 |
| ordered by the tax commissioner and by the county board of | 17793 |
| revision, and shall certify and on the first day of October | 17794 |
| deliver one copy thereof to the county treasurer. The copies | 17795 |
| prepared by the auditor shall constitute the auditor's general tax | 17796 |
| list and treasurer's general duplicate of real and public utility | 17797 |
| property for the current year. | 17798 |
| Once a permanent parcel numbering system has been established | 17799 |
| in any county as provided by the preceding paragraph, such system | 17800 |
| shall remain in effect until otherwise agreed upon by the county | 17801 |
| auditor and county treasurer. | 17802 |
| (B)(1) A peace officer, parole officer, prosecuting attorney, | 17803 |
| assistant prosecuting attorney, correctional employee, youth | 17804 |
|
services employee, firefighter, | 17805 |
| bureau of criminal identification and investigation may submit a | 17806 |
| written request by affidavit to the county auditor requesting the | 17807 |
| county auditor to remove the name of the peace officer, parole | 17808 |
| officer, prosecuting attorney, assistant prosecuting attorney, | 17809 |
|
correctional employee,
youth services employee, firefighter, | 17810 |
| EMT, or investigator of the bureau of criminal identification and | 17811 |
| investigation from any record made available to the general public | 17812 |
| on the internet or a publicly accessible database and the general | 17813 |
| tax list of real and public utility property and the general | 17814 |
| duplicate of real and public utility property and insert the | 17815 |
| initials of the peace officer, parole officer, prosecuting | 17816 |
| attorney, assistant prosecuting attorney, correctional employee, | 17817 |
|
youth services employee, firefighter, | 17818 |
| the bureau of criminal identification and investigation on any | 17819 |
| record made available to the general public on the internet or a | 17820 |
| publicly accessible database and the general tax list of real and | 17821 |
| public utility property and the general duplicate of real and | 17822 |
|
public utility property as
the name of the peace | 17823 |
| officer, parole officer, prosecuting attorney, assistant | 17824 |
| prosecuting attorney, correctional employee, youth services | 17825 |
|
employee, firefighter, | 17826 |
| criminal identification and investigation that appears on the | 17827 |
| deed. | 17828 |
| (2) Upon receiving a written request by affidavit described | 17829 |
| in division (B)(1) of this section, the county auditor shall act | 17830 |
| within five business days in accordance with the request to | 17831 |
| remove the name of the peace officer, parole officer, prosecuting | 17832 |
| attorney, assistant prosecuting attorney, correctional employee, | 17833 |
|
youth services
employee, firefighter, | 17834 |
| the bureau of criminal identification and investigation from any | 17835 |
| record made available to the general public on the internet or a | 17836 |
| publicly accessible database and the general tax list of real | 17837 |
| and public utility property and the general duplicate of real and | 17838 |
| public utility property and insert initials of the peace | 17839 |
| officer, parole officer, prosecuting attorney, assistant | 17840 |
| prosecuting attorney, correctional employee, youth services | 17841 |
|
employee, firefighter, | 17842 |
| criminal identification and investigation on any record made | 17843 |
| available to the general public on the internet or a publicly | 17844 |
| accessible database and the general tax list of real and public | 17845 |
| utility property and the general duplicate of real and public | 17846 |
| utility property, if practicable. If the removal and insertion | 17847 |
| is not practicable, the county auditor shall verbally or in | 17848 |
| writing within five business days after receiving the written | 17849 |
| request explain to the peace officer, parole officer, prosecuting | 17850 |
| attorney, assistant prosecuting attorney, correctional employee, | 17851 |
|
youth services employee, firefighter, | 17852 |
| the bureau of criminal identification and investigation why the | 17853 |
| removal and insertion is impracticable. | 17854 |
| Sec. 319.301. (A) | 17855 |
|
(D) of this section | 17856 |
| (1) Taxes levied at whatever rate is required to produce a | 17857 |
| specified amount of tax money, including a tax levied under | 17858 |
| section 5705.199 or 5705.211 of the Revised Code, or an amount to | 17859 |
| pay debt charges; | 17860 |
| (2) Taxes levied within the one per cent limitation imposed | 17861 |
| by Section 2 of Article XII, Ohio Constitution; | 17862 |
| (3) Taxes provided for by the charter of a municipal | 17863 |
| corporation. | 17864 |
| (B) As used in this section: | 17865 |
| (1) "Real property" includes real property owned by a | 17866 |
| railroad. | 17867 |
| (2) "Carryover property" means all real property on the | 17868 |
| current year's tax list except: | 17869 |
| (a) Land and improvements that were not taxed by the district | 17870 |
| in both the preceding year and the current year; | 17871 |
| (b) Land and improvements that were not in the same class in | 17872 |
| both the preceding year and the current year. | 17873 |
| (3) "Effective tax rate" means with respect to each class of | 17874 |
| property: | 17875 |
| (a) The sum of the total taxes that would have been charged | 17876 |
| and payable for current expenses against real property in that | 17877 |
| class if each of the district's taxes were reduced for the current | 17878 |
| year under division (D)(1) of this section without regard to the | 17879 |
| application of division (E)(3) of this section divided by | 17880 |
| (b) The taxable value of all real property in that class. | 17881 |
| (4) "Taxes charged and payable" means the taxes charged and | 17882 |
| payable prior to any reduction required by section 319.302 of the | 17883 |
| Revised Code. | 17884 |
| (C) The tax commissioner shall make the determinations | 17885 |
| required by this section each year, without regard to whether a | 17886 |
| taxing district has territory in a county to which section 5715.24 | 17887 |
| of the Revised Code applies for that year. Separate determinations | 17888 |
| shall be made for each of the two classes established pursuant to | 17889 |
| section 5713.041 of the Revised Code. | 17890 |
| (D) With respect to each tax authorized to be levied by each | 17891 |
| taxing district, the tax commissioner, annually, shall do both of | 17892 |
| the following: | 17893 |
| (1) Determine by what percentage, if any, the sums levied by | 17894 |
| such tax against the carryover property in each class would have | 17895 |
| to be reduced for the tax to levy the same number of dollars | 17896 |
| against such property in that class in the current year as were | 17897 |
| charged against such property by such tax in the preceding year | 17898 |
| subsequent to the reduction made under this section but before the | 17899 |
| reduction made under section 319.302 of the Revised Code. In the | 17900 |
| case of a tax levied for the first time that is not a renewal of | 17901 |
| an existing tax, the commissioner shall determine by what | 17902 |
| percentage the sums that would otherwise be levied by such tax | 17903 |
| against carryover property in each class would have to be reduced | 17904 |
| to equal the amount that would have been levied if the full rate | 17905 |
| thereof had been imposed against the total taxable value of such | 17906 |
| property in the preceding tax year. A tax or portion of a tax that | 17907 |
| is designated a replacement levy under section 5705.192 of the | 17908 |
| Revised Code is not a renewal of an existing tax for purposes of | 17909 |
| this division. | 17910 |
| (2) Certify each percentage determined in division (D)(1) of | 17911 |
| this section, as adjusted under division (E) of this section, and | 17912 |
| the class of property to which that percentage applies to the | 17913 |
| auditor of each county in which the district has territory. The | 17914 |
| auditor, after complying with section 319.30 of the Revised Code, | 17915 |
| shall reduce the sum to be levied by such tax against each parcel | 17916 |
| of real property in the district by the percentage so certified | 17917 |
| for its class. Certification shall be made by the first day of | 17918 |
| September except in the case of a tax levied for the first time, | 17919 |
| in which case certification shall be made within fifteen days of | 17920 |
| the date the county auditor submits the information necessary to | 17921 |
| make the required determination. | 17922 |
| (E)(1) As used in division (E)(2) of this section, "pre-1982 | 17923 |
| joint vocational taxes" means, with respect to a class of | 17924 |
| property, the difference between the following amounts: | 17925 |
| (a) The taxes charged and payable in tax year 1981 against | 17926 |
| the property in that class for the current expenses of the joint | 17927 |
| vocational school district of which the school district is a part | 17928 |
| after making all reductions under this section; | 17929 |
| (b) The following percentage of the taxable value of all real | 17930 |
| property in that class: | 17931 |
| (i) In 1987, five one-hundredths of one per cent; | 17932 |
| (ii) In 1988, one-tenth of one per cent; | 17933 |
| (iii) In 1989, fifteen one-hundredths of one per cent; | 17934 |
| (iv) In 1990 and each subsequent year, two-tenths of one per | 17935 |
| cent. | 17936 |
| If the amount in division (E)(1)(b) of this section exceeds | 17937 |
| the amount in division (E)(1)(a) of this section, the pre-1982 | 17938 |
| joint vocational taxes shall be zero. | 17939 |
| As used in divisions (E)(2) and (3) of this section, "taxes | 17940 |
| charged and payable" has the same meaning as in division (B)(4) of | 17941 |
| this section and excludes any tax charged and payable in 1985 or | 17942 |
| thereafter under sections 5705.194 to 5705.197 or section 5705.199 | 17943 |
| 17944 |
| (2) If in the case of a school district other than a joint | 17945 |
| vocational or cooperative education school district any percentage | 17946 |
| required to be used in division (D)(2) of this section for either | 17947 |
| class of property could cause the total taxes charged and payable | 17948 |
| for current expenses to be less than two per cent of the taxable | 17949 |
| value of all real property in that class that is subject to | 17950 |
| taxation by the district, the commissioner shall determine what | 17951 |
| percentages would cause the district's total taxes charged and | 17952 |
| payable for current expenses against that class, after all | 17953 |
| reductions that would otherwise be made under this section, to | 17954 |
| equal, when combined with the pre-1982 joint vocational taxes | 17955 |
| against that class, the lesser of the following: | 17956 |
| (a) The sum of the rates at which those taxes are authorized | 17957 |
| to be levied; | 17958 |
| (b) Two per cent of the taxable value of the property in that | 17959 |
| class. The auditor shall use such percentages in making the | 17960 |
| reduction required by this section for that class. | 17961 |
| (3)(a) If in the case of a joint vocational school district | 17962 |
| any percentage required to be used in division (D)(2) of this | 17963 |
| section for either class of property could cause the total taxes | 17964 |
| charged and payable for current expenses for that class to be less | 17965 |
| than the designated amount, the commissioner shall determine what | 17966 |
| percentages would cause the district's total taxes charged and | 17967 |
| payable for current expenses for that class, after all reductions | 17968 |
| that would otherwise be made under this section, to equal the | 17969 |
| designated amount. The auditor shall use such percentages in | 17970 |
| making the reductions required by this section for that class. | 17971 |
| (b) As used in division (E)(3)(a) of this section, the | 17972 |
| designated amount shall equal the taxable value of all real | 17973 |
| property in the class that is subject to taxation by the district | 17974 |
| times the lesser of the following: | 17975 |
| (i) Two-tenths of one per cent; | 17976 |
| (ii) The district's effective rate plus the following | 17977 |
| percentage for the year indicated: | 17978 |
| WHEN COMPUTING THE | ADD THE FOLLOWING | 17979 | |||
| TAXES CHARGED FOR | PERCENTAGE: | 17980 | |||
| 1987 | 0.025% | 17981 | |||
| 1988 | 0.05% | 17982 | |||
| 1989 | 0.075% | 17983 | |||
| 1990 | 0.1% | 17984 | |||
| 1991 | 0.125% | 17985 | |||
| 1992 | 0.15% | 17986 | |||
| 1993 | 0.175% | 17987 | |||
| 1994 and thereafter | 0.2% | 17988 |
| (F) No reduction shall be made under this section in the rate | 17989 |
| at which any tax is levied. | 17990 |
| (G) The commissioner may order a county auditor to furnish | 17991 |
| any information the commissioner needs to make the determinations | 17992 |
| required under division (D) or (E) of this section, and the | 17993 |
| auditor shall supply the information in the form and by the date | 17994 |
| specified in the order. If the auditor fails to comply with an | 17995 |
| order issued under this division, except for good cause as | 17996 |
| determined by the commissioner, the commissioner shall withhold | 17997 |
| from such county or taxing district therein fifty per cent of | 17998 |
| state revenues to local governments pursuant to section 5747.50 of | 17999 |
| the Revised Code or shall direct the department of education to | 18000 |
| withhold therefrom fifty per cent of state revenues to school | 18001 |
| districts pursuant to Chapter 3317. of the Revised Code. The | 18002 |
| commissioner shall withhold the distribution of such revenues | 18003 |
| until the county auditor has complied with this division, and the | 18004 |
| department shall withhold the distribution of such revenues until | 18005 |
| the commissioner has notified the department that the county | 18006 |
| auditor has complied with this division. | 18007 |
| (H) If the commissioner is unable to certify a tax reduction | 18008 |
| factor for either class of property in a taxing district located | 18009 |
| in more than one county by the last day of November because | 18010 |
| information required under division (G) of this section is | 18011 |
| unavailable, the commissioner may compute and certify an estimated | 18012 |
| tax reduction factor for that district for that class. The | 18013 |
| estimated factor shall be based upon an estimate of the | 18014 |
| unavailable information. Upon receipt of the actual information | 18015 |
| for a taxing district that received an estimated tax reduction | 18016 |
| factor, the commissioner shall compute the actual tax reduction | 18017 |
| factor and use that factor to compute the taxes that should have | 18018 |
| been charged and payable against each parcel of property for the | 18019 |
| year for which the estimated reduction factor was used. The amount | 18020 |
| by which the estimated factor resulted in an overpayment or | 18021 |
| underpayment in taxes on any parcel shall be added to or | 18022 |
| subtracted from the amount due on that parcel in the ensuing tax | 18023 |
| year. | 18024 |
| A percentage or a tax reduction factor determined or computed | 18025 |
| by the commissioner under this section shall be used solely for | 18026 |
| the purpose of reducing the sums to be levied by the tax to which | 18027 |
| it applies for the year for which it was determined or computed. | 18028 |
| It shall not be used in making any tax computations for any | 18029 |
| ensuing tax year. | 18030 |
| (I) In making the determinations under division (D)(1) of | 18031 |
| this section, the tax commissioner shall take account of changes | 18032 |
| in the taxable value of carryover property resulting from | 18033 |
| complaints filed under section 5715.19 of the Revised Code for | 18034 |
| determinations made for the tax year in which such changes are | 18035 |
| reported to the commissioner. Such changes shall be reported to | 18036 |
| the commissioner on the first abstract of real property filed with | 18037 |
| the commissioner under section 5715.23 of the Revised Code | 18038 |
| following the date on which the complaint is finally determined by | 18039 |
| the board of revision or by a court or other authority with | 18040 |
| jurisdiction on appeal. The tax commissioner shall account for | 18041 |
| such changes in making the determinations only for the tax year in | 18042 |
| which the change in valuation is reported. Such a valuation change | 18043 |
| shall not be used to recompute the percentages determined under | 18044 |
| division (D)(1) of this section for any prior tax year. | 18045 |
| Sec. 319.302. (A)(1) Real property that is not intended | 18046 |
| primarily for use in a business activity shall qualify for a | 18047 |
| partial exemption from real property taxation. For purposes of | 18048 |
| this partial exemption, "business activity" includes all uses of | 18049 |
| real property, except farming; leasing property for farming; | 18050 |
| occupying or holding property improved with single-family, | 18051 |
| two-family, or three-family dwellings; leasing property improved | 18052 |
| with single-family, two-family, or three-family dwellings; or | 18053 |
| holding vacant land that the county auditor determines will be | 18054 |
| used for farming or to develop single-family, two-family, or | 18055 |
| three-family dwellings. For purposes of this partial exemption, | 18056 |
| "farming" does not include land used for the commercial production | 18057 |
| of timber that is receiving the tax benefit under section 5713.23 | 18058 |
| or 5713.31 of the Revised Code and all improvements connected with | 18059 |
| such commercial production of timber. | 18060 |
| (2) Each year, the county auditor shall review each parcel of | 18061 |
| real property to determine whether it qualifies for the partial | 18062 |
| exemption provided for by this section as of the first day of | 18063 |
| January of the current tax year. | 18064 |
| (B) After complying with section 319.301 of the Revised Code, | 18065 |
| the county auditor shall reduce the remaining sums to be levied | 18066 |
| against each parcel of real property that is listed on the general | 18067 |
| tax list and duplicate of real and public utility property for the | 18068 |
| current tax year and that qualifies for partial exemption under | 18069 |
| division (A) of this section, and against each manufactured and | 18070 |
| mobile home that is taxed pursuant to division (D)(2) of section | 18071 |
| 4503.06 of the Revised Code and that is on the manufactured home | 18072 |
| tax list for the current tax year, by ten per cent, to provide a | 18073 |
| partial exemption for that parcel or home. Except as otherwise | 18074 |
| provided in sections 323.152, 323.158, 505.06, and 715.263 of the | 18075 |
| Revised Code, the amount of the taxes remaining after any such | 18076 |
| reduction shall be the real and public utility property taxes | 18077 |
| charged and payable on each parcel of real property, including | 18078 |
| property that does not qualify for partial exemption under | 18079 |
| division (A) of this section, and the manufactured home tax | 18080 |
| charged and payable on each manufactured or mobile home, and shall | 18081 |
| be the amounts certified to the county treasurer for collection. | 18082 |
| Upon receipt of the real and public utility property tax | 18083 |
| duplicate, the treasurer shall certify to the tax commissioner the | 18084 |
| total amount by which the real property taxes were reduced under | 18085 |
| this section, as shown on the duplicate. Such reduction shall not | 18086 |
| directly or indirectly affect the determination of the principal | 18087 |
| amount of notes that may be issued in anticipation of any tax | 18088 |
| levies or the amount of bonds or notes for any planned | 18089 |
| improvements. If after application of sections 5705.31 and 5705.32 | 18090 |
| of the Revised Code and other applicable provisions of law, | 18091 |
| including divisions (F) and (I) of section 321.24 of the Revised | 18092 |
| Code, there would be insufficient funds for payment of debt | 18093 |
| charges on bonds or notes payable from taxes reduced by this | 18094 |
| section, the reduction of taxes provided for in this section shall | 18095 |
| be adjusted to the extent necessary to provide funds from such | 18096 |
| taxes. | 18097 |
| (C) The tax commissioner may adopt rules governing the | 18098 |
| administration of the partial exemption provided for by this | 18099 |
| section. | 18100 |
| (D) The determination of whether property qualifies for | 18101 |
| partial exemption under division (A) of this section is solely for | 18102 |
| the purpose of allowing the partial exemption under division (B) | 18103 |
| of this section. | 18104 |
| Sec. 319.54. (A) On all moneys collected by the county | 18105 |
| treasurer on any tax duplicate of the county, other than estate | 18106 |
| tax duplicates, and on all moneys received as advance payments of | 18107 |
| personal property and classified property taxes, the county | 18108 |
| auditor, on settlement with the treasurer and tax commissioner, on | 18109 |
| or before the date prescribed by law for such settlement or any | 18110 |
| lawful extension of such date, shall be allowed as compensation | 18111 |
| for the county auditor's services the following percentages: | 18112 |
| (1) On the first one hundred thousand dollars, two and | 18113 |
| one-half per cent; | 18114 |
| (2) On the next two million dollars, eight thousand three | 18115 |
| hundred eighteen ten-thousandths of one per cent; | 18116 |
| (3) On the next two million dollars, six thousand six hundred | 18117 |
| fifty-five ten-thousandths of one per cent; | 18118 |
| (4) On all further sums, one thousand six hundred sixty-three | 18119 |
| ten-thousandths of one per cent. | 18120 |
| If any settlement is not made on or before the date | 18121 |
| prescribed by law for such settlement or any lawful extension of | 18122 |
| such date, the aggregate compensation allowed to the auditor shall | 18123 |
| be reduced one per cent for each day such settlement is delayed | 18124 |
| after the prescribed date. No penalty shall apply if the auditor | 18125 |
| and treasurer grant all requests for advances up to ninety per | 18126 |
| cent of the settlement pursuant to section 321.34 of the Revised | 18127 |
| Code. The compensation allowed in accordance with this section on | 18128 |
| settlements made before the dates prescribed by law, or the | 18129 |
| reduced compensation allowed in accordance with this section on | 18130 |
| settlements made after the date prescribed by law or any lawful | 18131 |
| extension of such date, shall be apportioned ratably by the | 18132 |
| auditor and deducted from the shares or portions of the revenue | 18133 |
| payable to the state as well as to the county, townships, | 18134 |
| municipal corporations, and school districts. | 18135 |
| (B) For the purpose of reimbursing county auditors for the | 18136 |
| expenses associated with the increased number of applications for | 18137 |
| reductions in real property taxes under sections 323.152 and | 18138 |
|
4503.065 of the Revised Code that | 18139 |
| amendment of those sections by Am. Sub. H.B. 119 of the 127th | 18140 |
|
general assembly,
| 18141 |
| shall be paid from the state's general revenue fund to the county | 18142 |
| treasury, to the credit of the real estate assessment fund | 18143 |
| created by section 325.31 of the Revised Code, an amount equal to | 18144 |
| one per cent of the total annual amount of property tax relief | 18145 |
| reimbursement paid to that county under sections 323.156 and | 18146 |
| 4503.068 of the Revised Code for the preceding tax year. Payments | 18147 |
| made under this division shall be made at the same times and in | 18148 |
| the same manner as payments made under section 323.156 of the | 18149 |
| Revised Code. | 18150 |
| (C) From all moneys collected by the county treasurer on any | 18151 |
| tax duplicate of the county, other than estate tax duplicates, and | 18152 |
| on all moneys received as advance payments of personal property | 18153 |
| and classified property taxes, there shall be paid into the county | 18154 |
| treasury to the credit of the real estate assessment fund created | 18155 |
| by section 325.31 of the Revised Code, an amount to be determined | 18156 |
| by the county auditor, which shall not exceed the percentages | 18157 |
| prescribed in divisions (C)(1) and (2) of this section. | 18158 |
| (1) For payments made after June 30, 2007, and before 2011, | 18159 |
| the following percentages: | 18160 |
| (a) On the first five hundred thousand dollars, four per | 18161 |
| cent; | 18162 |
| (b) On the next five million dollars, two per cent; | 18163 |
| (c) On the next five million dollars, one per cent; | 18164 |
| (d) On all further sums not exceeding one hundred fifty | 18165 |
| million dollars, three-quarters of one per cent; | 18166 |
| (e) On amounts exceeding one hundred fifty million dollars, | 18167 |
| five hundred eighty-five thousandths of one per cent. | 18168 |
| (2) For payments made in or after 2011, the following | 18169 |
| percentages: | 18170 |
| (a) On the first five hundred thousand dollars, four per | 18171 |
| cent; | 18172 |
| (b) On the next ten million dollars, two per cent; | 18173 |
| (c) On amounts exceeding ten million five hundred thousand | 18174 |
| dollars, three-fourths of one per cent. | 18175 |
| Such compensation shall be apportioned ratably by the auditor | 18176 |
| and deducted from the shares or portions of the revenue payable to | 18177 |
| the state as well as to the county, townships, municipal | 18178 |
| corporations, and school districts. | 18179 |
| (D) Each county auditor shall receive four per cent of the | 18180 |
| amount of tax collected and paid into the county treasury, on | 18181 |
| property omitted and placed by the county auditor on the tax | 18182 |
| duplicate. | 18183 |
| (E) On all estate tax moneys collected by the county | 18184 |
| treasurer, the county auditor, on settlement semiannually with the | 18185 |
| tax commissioner, shall be allowed, as compensation for the | 18186 |
| auditor's services under Chapter 5731. of the Revised Code, the | 18187 |
| following percentages: | 18188 |
| (1) Four per cent on the first one hundred thousand dollars; | 18189 |
| (2) One-half of one per cent on all additional sums. | 18190 |
| Such percentages shall be computed upon the amount collected | 18191 |
| and reported at each semiannual settlement, and shall be for the | 18192 |
| use of the general fund of the county. | 18193 |
| (F) On all cigarette license moneys collected by the county | 18194 |
| treasurer, the county auditor, on settlement semiannually with the | 18195 |
| treasurer, shall be allowed as compensation for the auditor's | 18196 |
| services in the issuing of such licenses one-half of one per cent | 18197 |
| of such moneys, to be apportioned ratably and deducted from the | 18198 |
| shares of the revenue payable to the county and subdivisions, for | 18199 |
| the use of the general fund of the county. | 18200 |
| (G) The county auditor shall charge and receive fees as | 18201 |
| follows: | 18202 |
| (1) For deeds of land sold for taxes to be paid by the | 18203 |
| purchaser, five dollars; | 18204 |
| (2) For the transfer or entry of land, lot, or part of lot, | 18205 |
| or the transfer or entry on or after January 1, 2000, of a used | 18206 |
| manufactured home or mobile home as defined in section 5739.0210 | 18207 |
| of the Revised Code, fifty cents for each transfer or entry, to be | 18208 |
| paid by the person requiring it; | 18209 |
| (3) For receiving statements of value and administering | 18210 |
| section 319.202 of the Revised Code, one dollar, or ten cents for | 18211 |
| each one hundred dollars or fraction of one hundred dollars, | 18212 |
| whichever is greater, of the value of the real property | 18213 |
| transferred or, for sales occurring on or after January 1, 2000, | 18214 |
| the value of the used manufactured home or used mobile home, as | 18215 |
| defined in section 5739.0210 of the Revised Code, transferred, | 18216 |
| except no fee shall be charged when the transfer is made: | 18217 |
| (a) To or from the United States, this state, or any | 18218 |
| instrumentality, agency, or political subdivision of the United | 18219 |
| States or this state; | 18220 |
| (b) Solely in order to provide or release security for a debt | 18221 |
| or obligation; | 18222 |
| (c) To confirm or correct a deed previously executed and | 18223 |
| recorded or when a current owner on any record made available to | 18224 |
| the general public on the internet or a publicly accessible | 18225 |
| database and the general tax list of real and public utility | 18226 |
| property and the general duplicate of real and public utility | 18227 |
| property is a peace officer, parole officer, prosecuting | 18228 |
| attorney, assistant prosecuting attorney, correctional employee, | 18229 |
|
youth services employee, firefighter, | 18230 |
| of the bureau of criminal identification and investigation and is | 18231 |
| changing the current owner name listed on any record made | 18232 |
| available to the general public on the internet or a publicly | 18233 |
| accessible database and the general tax list of real and public | 18234 |
| utility property and the general duplicate of real and public | 18235 |
| utility property to the initials of the current owner as | 18236 |
| prescribed in division (B)(1) of section 319.28 of the Revised | 18237 |
| Code; | 18238 |
| (d) To evidence a gift, in trust or otherwise and whether | 18239 |
| revocable or irrevocable, between husband and wife, or parent and | 18240 |
| child or the spouse of either; | 18241 |
| (e) On sale for delinquent taxes or assessments; | 18242 |
| (f) Pursuant to court order, to the extent that such transfer | 18243 |
| is not the result of a sale effected or completed pursuant to such | 18244 |
| order; | 18245 |
| (g) Pursuant to a reorganization of corporations or | 18246 |
| unincorporated associations or pursuant to the dissolution of a | 18247 |
| corporation, to the extent that the corporation conveys the | 18248 |
| property to a stockholder as a distribution in kind of the | 18249 |
| corporation's assets in exchange for the stockholder's shares in | 18250 |
| the dissolved corporation; | 18251 |
| (h) By a subsidiary corporation to its parent corporation for | 18252 |
| no consideration, nominal consideration, or in sole consideration | 18253 |
| of the cancellation or surrender of the subsidiary's stock; | 18254 |
| (i) By lease, whether or not it extends to mineral or mineral | 18255 |
| rights, unless the lease is for a term of years renewable forever; | 18256 |
| (j) When the value of the real property or the manufactured | 18257 |
| or mobile home or the value of the interest that is conveyed does | 18258 |
| not exceed one hundred dollars; | 18259 |
| (k) Of an occupied residential property, including a | 18260 |
| manufactured or mobile home, being transferred to the builder of a | 18261 |
| new residence or to the dealer of a new manufactured or mobile | 18262 |
| home when the former residence is traded as part of the | 18263 |
| consideration for the new residence or new manufactured or mobile | 18264 |
| home; | 18265 |
| (l) To a grantee other than a dealer in real property or in | 18266 |
| manufactured or mobile homes, solely for the purpose of, and as a | 18267 |
| step in, the prompt sale of the real property or manufactured or | 18268 |
| mobile home to others; | 18269 |
| (m) To or from a person when no money or other valuable and | 18270 |
| tangible consideration readily convertible into money is paid or | 18271 |
| to be paid for the real estate or manufactured or mobile home and | 18272 |
| the transaction is not a gift; | 18273 |
| (n) Pursuant to division (B) of section 317.22 of the Revised | 18274 |
| Code, or section 2113.61 of the Revised Code, between spouses or | 18275 |
| to a surviving spouse pursuant to section 5302.17 of the Revised | 18276 |
| Code as it existed prior to April 4, 1985, between persons | 18277 |
| pursuant to section 5302.17 or 5302.18 of the Revised Code on or | 18278 |
| after April 4, 1985, to a person who is a surviving, survivorship | 18279 |
| tenant pursuant to section 5302.17 of the Revised Code on or after | 18280 |
| April 4, 1985, or pursuant to section 5309.45 of the Revised Code; | 18281 |
| (o) To a trustee acting on behalf of minor children of the | 18282 |
| deceased; | 18283 |
| (p) Of an easement or right-of-way when the value of the | 18284 |
| interest conveyed does not exceed one thousand dollars; | 18285 |
| (q) Of property sold to a surviving spouse pursuant to | 18286 |
| section 2106.16 of the Revised Code; | 18287 |
| (r) To or from an organization exempt from federal income | 18288 |
| taxation under section 501(c)(3) of the "Internal Revenue Code of | 18289 |
| 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such | 18290 |
| transfer is without consideration and is in furtherance of the | 18291 |
| charitable or public purposes of such organization; | 18292 |
| (s) Among the heirs at law or devisees, including a surviving | 18293 |
| spouse, of a common decedent, when no consideration in money is | 18294 |
| paid or to be paid for the real property or manufactured or mobile | 18295 |
| home; | 18296 |
| (t) To a trustee of a trust, when the grantor of the trust | 18297 |
| has reserved an unlimited power to revoke the trust; | 18298 |
| (u) To the grantor of a trust by a trustee of the trust, when | 18299 |
| the transfer is made to the grantor pursuant to the exercise of | 18300 |
| the grantor's power to revoke the trust or to withdraw trust | 18301 |
| assets; | 18302 |
| (v) To the beneficiaries of a trust if the fee was paid on | 18303 |
| the transfer from the grantor of the trust to the trustee or if | 18304 |
| the transfer is made pursuant to trust provisions which became | 18305 |
| irrevocable at the death of the grantor; | 18306 |
| (w) To a corporation for incorporation into a sports facility | 18307 |
| constructed pursuant to section 307.696 of the Revised Code; | 18308 |
| (x) Between persons pursuant to section 5302.18 of the | 18309 |
| Revised Code; | 18310 |
| (y) From a county land reutilization corporation organized | 18311 |
| under Chapter 1724. of the Revised Code to a third party. | 18312 |
| The auditor shall compute and collect the fee. The auditor | 18313 |
| shall maintain a numbered receipt system, as prescribed by the tax | 18314 |
| commissioner, and use such receipt system to provide a receipt to | 18315 |
| each person paying a fee. The auditor shall deposit the receipts | 18316 |
| of the fees on conveyances in the county treasury daily to the | 18317 |
| credit of the general fund of the county, except that fees | 18318 |
| charged and received under division (G)(3) of this section for a | 18319 |
| transfer of real property to a county land reutilization | 18320 |
| corporation shall be credited to the county land reutilization | 18321 |
| corporation fund established under section 321.263 of the | 18322 |
| Revised Code. | 18323 |
| The real property transfer fee provided for in division | 18324 |
| (G)(3) of this section shall be applicable to any conveyance of | 18325 |
| real property presented to the auditor on or after January 1, | 18326 |
| 1968, regardless of its time of execution or delivery. | 18327 |
| The transfer fee for a used manufactured home or used mobile | 18328 |
| home shall be computed by and paid to the county auditor of the | 18329 |
| county in which the home is located immediately prior to the | 18330 |
| transfer. | 18331 |
| Sec. 321.24. (A) On or before the fifteenth day of February, | 18332 |
| in each year, the county treasurer shall settle with the county | 18333 |
| auditor for all taxes and assessments that the treasurer has | 18334 |
| collected on the general duplicate of real and public utility | 18335 |
| property at the time of making the settlement. | 18336 |
| (B) On or before the thirtieth day of June, in each year, the | 18337 |
| treasurer shall settle with the auditor for all advance payments | 18338 |
| of general personal and classified property taxes that the | 18339 |
| treasurer has received at the time of making the settlement. | 18340 |
| (C) On or before the tenth day of August, in each year, the | 18341 |
| treasurer shall settle with the auditor for all taxes and | 18342 |
| assessments that the treasurer has collected on the general | 18343 |
| duplicates of real and public utility property at the time of | 18344 |
| making such settlement, not included in the preceding February | 18345 |
| settlement. | 18346 |
| (D) On or before the thirty-first day of October, in each | 18347 |
| year, the treasurer shall settle with the auditor for all taxes | 18348 |
| that the treasurer has collected on the general personal and | 18349 |
| classified property duplicates, and for all advance payments of | 18350 |
| general personal and classified property taxes, not included in | 18351 |
| the preceding June settlement, that the treasurer has received at | 18352 |
| the time of making such settlement. | 18353 |
| (E) In the event the time for the payment of taxes is | 18354 |
| extended, pursuant to section 323.17 of the Revised Code, the date | 18355 |
| on or before which settlement for the taxes so extended must be | 18356 |
| made, as herein prescribed, shall be deemed to be extended for a | 18357 |
| like period of time. At each such settlement, the auditor shall | 18358 |
| allow to the treasurer, on the moneys received or collected and | 18359 |
| accounted for by the treasurer, the treasurer's fees, at the rate | 18360 |
| or percentage allowed by law, at a full settlement of the | 18361 |
| treasurer. | 18362 |
| (F) Within thirty days after the day of each settlement of | 18363 |
| taxes required under divisions (A) and (C) of this section, the | 18364 |
| treasurer shall certify to the tax commissioner any adjustments | 18365 |
| that have been made to the amount certified previously pursuant to | 18366 |
| section 319.302 of the Revised Code and that the settlement has | 18367 |
| been completed. Upon receipt of such certification, the | 18368 |
| commissioner shall provide for payment to the county treasurer | 18369 |
| from the general revenue fund of an amount equal to one-half of | 18370 |
| the amount certified by the treasurer in the preceding tax year | 18371 |
| under section 319.302 of the Revised Code, less one-half of the | 18372 |
| amount computed for all taxing districts in that county for the | 18373 |
| current fiscal year under section 5703.80 of the Revised Code for | 18374 |
| crediting to the property tax administration fund. Such payment | 18375 |
| shall be credited upon receipt to the county's undivided income | 18376 |
| tax fund, and the county auditor shall transfer to the county | 18377 |
| general fund from the amount thereof the total amount of all fees | 18378 |
| and charges which the auditor and treasurer would have been | 18379 |
| authorized to receive had such section not been in effect and that | 18380 |
| amount had been levied and collected as taxes. The county auditor | 18381 |
| shall distribute the amount remaining among the various taxing | 18382 |
| districts in the county as if it had been levied, collected, and | 18383 |
| settled as real property taxes. The amount distributed to each | 18384 |
| taxing district shall be reduced by the total of the amounts | 18385 |
| computed for the district under section 5703.80 of the Revised | 18386 |
| Code, but the reduction shall not exceed the amount that otherwise | 18387 |
| would be distributed to the taxing district under this division. | 18388 |
| The tax commissioner shall make available to taxing districts such | 18389 |
| information as is sufficient for a taxing district to be able to | 18390 |
| determine the amount of the reduction in its distribution under | 18391 |
| this section. | 18392 |
| (G)(1) Within thirty days after the day of the settlement | 18393 |
| required in division (D) of this section, the county treasurer | 18394 |
| shall notify the tax commissioner that the settlement has been | 18395 |
| completed. Upon receipt of that notification, the commissioner | 18396 |
| shall provide for payment to the county treasurer from the general | 18397 |
| revenue fund of an amount equal to the amount certified under | 18398 |
| former section 319.311 of the Revised Code and paid in the state's | 18399 |
| fiscal year 2003 multiplied by the percentage specified in | 18400 |
| division (G)(2) of this section. The payment shall be credited | 18401 |
| upon receipt to the county's undivided income tax fund, and the | 18402 |
| county auditor shall distribute the amount thereof among the | 18403 |
| various taxing districts of the county as if it had been levied, | 18404 |
| collected, and settled as personal property taxes. The amount | 18405 |
| received by a taxing district under this division shall be | 18406 |
| apportioned among its funds in the same proportion as the current | 18407 |
| year's personal property taxes are apportioned. | 18408 |
| (2) Payments required under division (G)(1) of this section | 18409 |
| shall be made at the following percentages of the amount certified | 18410 |
| under former section 319.311 of the Revised Code and paid under | 18411 |
| division (G)(1) of this section in the state's fiscal year 2003: | 18412 |
| (a) In fiscal year 2004, ninety per cent; | 18413 |
| (b) In fiscal year 2005, eighty per cent; | 18414 |
| (c) In fiscal year 2006, sixty-four per cent; | 18415 |
| (d) In fiscal year 2007, forty per cent; | 18416 |
| (e) In fiscal year 2008, thirty-two per cent; | 18417 |
| (f) In fiscal year 2009, sixteen per cent. | 18418 |
| After fiscal year 2009, no payments shall be made under | 18419 |
| division (G)(1) of this section. | 18420 |
| (H)(1) On or before the fifteenth day of April each year, the | 18421 |
| county treasurer shall settle with the county auditor for all | 18422 |
| manufactured home taxes that the county treasurer has collected on | 18423 |
| the manufactured home tax duplicate at the time of making the | 18424 |
| settlement. | 18425 |
| (2) On or before the fifteenth day of September each year, | 18426 |
| the county treasurer shall settle with the county auditor for all | 18427 |
| remaining manufactured home taxes that the county treasurer has | 18428 |
| collected on the manufactured home tax duplicate at the time of | 18429 |
| making the settlement. | 18430 |
| (3) If the time for payment of such taxes is extended under | 18431 |
| section 4503.06 of the Revised Code, the time for making the | 18432 |
| settlement as prescribed by divisions (H)(1) and (2) of this | 18433 |
| section is extended for a like period of time. | 18434 |
| (I) | 18435 |
| 18436 | |
| second Monday in September of each year, the county treasurer | 18437 |
|
shall certify to the tax commissioner | 18438 |
| 18439 | |
| which the manufactured home taxes levied in that year were reduced | 18440 |
|
pursuant to section
319.302 of the Revised Code | 18441 |
| 18442 | |
| receipt of such certification, the commissioner shall provide for | 18443 |
| payment to the county treasurer from the general revenue fund of | 18444 |
|
an amount equal to | 18445 |
|
treasurer | 18446 |
| 18447 | |
| county's undivided income tax fund, and the county auditor shall | 18448 |
| transfer to the county general fund from the amount thereof the | 18449 |
| total amount of all fees and charges that the auditor and | 18450 |
| treasurer would have been authorized to receive had such section | 18451 |
| not been in effect and that amount had been levied and collected | 18452 |
| as manufactured home taxes. The county auditor shall distribute | 18453 |
| the amount remaining among the various taxing districts in the | 18454 |
| county as if it had been levied, collected, and settled as | 18455 |
| manufactured home taxes. | 18456 |
| Sec. 321.261. (A) Five per cent of all delinquent real | 18457 |
| property, personal property, and manufactured and mobile home | 18458 |
| taxes and assessments collected by the county treasurer shall be | 18459 |
| deposited in the delinquent tax and assessment collection fund, | 18460 |
| which shall be created in the county treasury. Except as | 18461 |
| otherwise provided in division (D) of this section, the moneys in | 18462 |
| the fund, one-half of which shall be appropriated by the board of | 18463 |
| county commissioners to the treasurer and one-half of which shall | 18464 |
| be appropriated to the county prosecuting attorney, shall be used | 18465 |
| only for the following purposes: | 18466 |
| (1) By the county treasurer and the county prosecuting | 18467 |
| attorney in connection with the collection of delinquent real | 18468 |
| property, personal property, and manufactured and mobile home | 18469 |
| taxes and assessments including proceedings related to foreclosure | 18470 |
| of the state's lien for such taxes against such property; | 18471 |
| (2) With respect to any portion of the amount appropriated to | 18472 |
| the county treasurer for the benefit of the county land | 18473 |
| reutilization corporation organized under Chapter 1724. of the | 18474 |
| Revised Code, whether by transfer to or other application on | 18475 |
| behalf of, the county land reutilization corporation. Upon the | 18476 |
| deposit of amounts in the delinquent tax and assessment collection | 18477 |
| fund of the county, any amounts allocated at the direction of the | 18478 |
| treasurer to the support of the county land reutilization | 18479 |
| corporation shall be paid out of such fund to the corporation upon | 18480 |
| a warrant of the county auditor. | 18481 |
| (B) During the period of time that a county land | 18482 |
| reutilization corporation is functioning as such on behalf of a | 18483 |
| county, the board of county commissioners, upon the request of | 18484 |
| the county treasurer, may designate by resolution that an | 18485 |
| additional amount, not exceeding five per cent of all collections | 18486 |
| of delinquent real property, personal property, and manufactured | 18487 |
| and mobile home taxes and assessments, shall be deposited in the | 18488 |
| delinquent tax and assessment collection fund and be available | 18489 |
| for appropriation by the board for the use of the corporation. | 18490 |
| Any such amounts so deposited and appropriated under this | 18491 |
| division shall be paid out of the delinquent tax and assessment | 18492 |
| collection fund to the corporation upon a warrant of the county | 18493 |
| auditor. | 18494 |
| (C) Annually by the first day of December, the treasurer and | 18495 |
| the prosecuting attorney each shall submit a report to the board | 18496 |
| regarding the use of the moneys appropriated to their respective | 18497 |
| offices from the delinquent tax and assessment collection fund. | 18498 |
| Each report shall specify the amount appropriated to the office | 18499 |
| during the current calendar year, an estimate of the amount so | 18500 |
| appropriated that will be expended by the end of the year, a | 18501 |
| summary of how the amount appropriated has been expended in | 18502 |
| connection with delinquent tax collection activities or land | 18503 |
| reutilization, and an estimate of the amount that will be credited | 18504 |
| to the fund during the ensuing calendar year. | 18505 |
| The annual report of a county land reutilization corporation | 18506 |
| required by section 1724.05 of the Revised Code shall include | 18507 |
| information regarding the amount and use of the moneys that the | 18508 |
| corporation received from the delinquent tax and assessment | 18509 |
| collection fund of the county. | 18510 |
| | 18511 |
| may, by resolution, authorize the use of money in the county's | 18512 |
| delinquent tax and assessment collection fund to prevent | 18513 |
| residential mortgage foreclosures in the county and to address | 18514 |
| problems associated with other foreclosed real property. The | 18515 |
| amount used for that purpose in any year may not exceed the amount | 18516 |
| that would cause the fund to have a reserve of less than twenty | 18517 |
| per cent of the amount expended in the preceding year for the | 18518 |
| purposes of division (A) of this section. The board may not expend | 18519 |
| any money from the fund for the purpose of land reutilization | 18520 |
| unless the board obtains the approval of the county investment | 18521 |
| advisory committee established under section 135.341 of the | 18522 |
| Revised Code. | 18523 |
| Money authorized to be expended under division (D)(1) of this | 18524 |
| section shall be used to provide financial assistance in the form | 18525 |
| of loans to borrowers in default on their home mortgages, | 18526 |
| including for the payment of late fees, to clear arrearage | 18527 |
| balances, and to augment moneys used in the county's foreclosure | 18528 |
| prevention program. The money also may be used to assist municipal | 18529 |
| corporations or townships in the county, upon their application to | 18530 |
| the board of county commissioners or the county department of | 18531 |
| development, in the nuisance abatement of deteriorated residential | 18532 |
| buildings in foreclosure, or vacant, abandoned, tax-delinquent, or | 18533 |
| blighted real property, including paying the costs of boarding up | 18534 |
| such buildings, lot maintenance, and demolition. | 18535 |
| (2) In a county having a population of more than one hundred | 18536 |
| thousand according to the department of development's 2006 census | 18537 |
| estimate, if the county treasurer or prosecuting attorney | 18538 |
| determines that the amount appropriated to the office from the | 18539 |
| county's delinquent tax and assessment collection fund under | 18540 |
| division (A) of this section exceeds the amount required to be | 18541 |
| used as prescribed by that division, the county treasurer or | 18542 |
| prosecuting attorney may expend the excess to assist townships or | 18543 |
|
municipal
corporations
located in the county as provided in | 18544 |
| division (D)(2) of this section, provided that the combined amount | 18545 |
| so expended each year in a county shall not exceed three million | 18546 |
| dollars. Upon application for the funds by a township or | 18547 |
| municipal corporation, the county treasurer and prosecuting | 18548 |
| attorney may assist the township or municipal corporation in | 18549 |
| abating foreclosed residential nuisances, including paying the | 18550 |
| costs of securing such buildings, lot maintenance, and | 18551 |
| demolition. At the prosecuting attorney's discretion, the | 18552 |
| prosecuting attorney also may apply the funds to costs of | 18553 |
| prosecuting alleged violations of criminal and civil laws | 18554 |
| governing real estate and related transactions, including | 18555 |
| fraud and abuse. | 18556 |
| Sec. 323.156. (A) Within thirty days after a settlement of | 18557 |
|
taxes
under divisions (A) | 18558 |
| the Revised Code, the county treasurer shall certify to the tax | 18559 |
| commissioner one-half of the total amount of taxes on real | 18560 |
| property that were reduced pursuant to section 323.152 of the | 18561 |
|
Revised Code for the
preceding tax year | 18562 |
| 18563 | |
| 18564 | |
| 18565 | |
| the receipt of such certifications, shall provide for payment to | 18566 |
| the county treasurer, from the general revenue fund, of the amount | 18567 |
| certified, which shall be credited upon receipt to the county's | 18568 |
| undivided income tax fund, and an amount equal to two per cent of | 18569 |
| the amount by which taxes were reduced, which shall be credited | 18570 |
| upon receipt to the county general fund as a payment, in addition | 18571 |
| to the fees and charges authorized by sections 319.54 and 321.26 | 18572 |
| of the Revised Code, to the county auditor and treasurer for the | 18573 |
| costs of administering the exemption provided under sections | 18574 |
| 323.151 to 323.159 of the Revised Code. | 18575 |
| (B) On or before the second Monday in September of each year, | 18576 |
| the county treasurer shall certify to the tax commissioner the | 18577 |
| total amount by which the manufactured home taxes levied in that | 18578 |
| year were reduced pursuant to division (B) of section 323.152 of | 18579 |
| the Revised Code, as evidenced by the certificates of reduction | 18580 |
| and the tax duplicate certified to the county treasurer by the | 18581 |
| county auditor. The commissioner, within ninety days after the | 18582 |
| receipt of such certifications, shall provide for payment to the | 18583 |
| county treasurer, from the general revenue fund, of the amount | 18584 |
| certified, which shall be credited upon receipt to the county's | 18585 |
| undivided income tax fund, and an amount equal to two per cent of | 18586 |
| the amount by which taxes were reduced, which shall be credited | 18587 |
| upon receipt to the county general fund as a payment, in addition | 18588 |
| to the fees and charges authorized by sections 319.54 and 321.26 | 18589 |
| of the Revised Code, to the county auditor and treasurer for the | 18590 |
| costs of administering the exemption provided under sections | 18591 |
| 323.151 to 323.159 of the Revised Code. | 18592 |
| (C) Immediately upon receipt of funds into the county | 18593 |
| undivided income tax fund under this section, the auditor shall | 18594 |
| distribute the full amount thereof among the taxing districts in | 18595 |
| the county as though the total had been paid as taxes by each | 18596 |
| person for whom taxes were reduced under sections 323.151 to | 18597 |
| 323.159 of the Revised Code. | 18598 |
| Sec. 329.03. (A) As used in this section | 18599 |
| | 18600 |
| the following: | 18601 |
| (1) An applicant for or participant in the Ohio works first | 18602 |
|
program established under
Chapter 5107. of the
Revised Code | 18603 |
| (2) An applicant for or recipient of disability financial | 18604 |
| assistance under Chapter 5115. of the Revised Code; | 18605 |
| (3) An applicant for or recipient of cash assistance provided | 18606 |
| under the refugee assistance program established under section | 18607 |
| 5101.49 of the Revised Code. | 18608 |
| | 18609 |
| 18610 | |
| 18611 | |
| 18612 | |
| 18613 |
| | 18614 |
| 18615 | |
| 18616 | |
| 18617 | |
| 18618 | |
| 18619 | |
| 18620 |
| (B) | 18621 |
| 18622 | |
| 18623 | |
| 18624 | |
| 18625 | |
| 18626 | |
| 18627 | |
| 18628 | |
| 18629 | |
| 18630 | |
| 18631 | |
| 18632 | |
| 18633 | |
| 18634 | |
| 18635 | |
| 18636 | |
| 18637 | |
| 18638 | |
| 18639 |
| | 18640 |
| 18641 | |
| 18642 | |
| 18643 | |
| 18644 | |
| 18645 | |
| 18646 | |
| 18647 | |
| 18648 | |
| 18649 | |
| 18650 | |
| 18651 | |
| establish a direct deposit system under which cash assistance | 18652 |
| payments to recipients who agree to direct deposit are made by | 18653 |
| electronic transfer to an account in a financial institution | 18654 |
| designated under this section. No financial institution shall | 18655 |
| impose any charge for such an account that the institution does | 18656 |
| not impose on its other customers for the same type of account. | 18657 |
| Direct deposit does not affect the exemption of Ohio works first | 18658 |
| and disability financial assistance from attachment, garnishment, | 18659 |
| or other like process afforded by sections 5107.75 and 5115.06 of | 18660 |
| the Revised Code. | 18661 |
| (C) | 18662 |
|
shall | 18663 |
| 18664 | |
| 18665 |
| | 18666 |
| 18667 |
| (1) Inform each applicant or recipient that the applicant or | 18668 |
| recipient must choose whether to receive cash assistance payments | 18669 |
| under the direct deposit system established under this section or | 18670 |
| under the electronic benefit transfer system established under | 18671 |
| section 5101.33 of the Revised Code; | 18672 |
| (2) Inform each applicant and recipient of the conditions | 18673 |
| under which the applicant or recipient may change the system used | 18674 |
| to receive the cash assistance payments; | 18675 |
| (3) Inform each applicant or recipient of the procedures | 18676 |
|
governing the direct deposit | 18677 |
| 18678 | |
| 18679 |
| | 18680 |
| receive cash assistance payments under the direct deposit system, | 18681 |
|
obtain from | 18682 |
| to designate a financial institution equipped for and authorized | 18683 |
| by law to accept direct deposits by electronic transfer and the | 18684 |
| account into which the applicant or recipient wishes the payments | 18685 |
|
to be made | 18686 |
| 18687 | |
| 18688 |
| (5) If an applicant or recipient chooses to receive cash | 18689 |
| assistance payments under the electronic benefit transfer system | 18690 |
| established under section 5101.33 of the Revised Code, obtain from | 18691 |
| the applicant or recipient a signed form to that effect. | 18692 |
| The department may require a recipient to complete a new | 18693 |
| authorization form whenever the department considers it necessary. | 18694 |
| A recipient's designation of a financial institution and | 18695 |
| account shall remain in effect until withdrawn in writing or | 18696 |
| dishonored by the financial institution, except that no change may | 18697 |
| be made in the authorization form until the next eligibility | 18698 |
| redetermination of the recipient unless the county department | 18699 |
| 18700 | |
| earlier change or the financial institution dishonors the | 18701 |
| recipient's account. | 18702 |
| (D) An applicant or recipient without an account who
| 18703 |
| 18704 | |
| cash assistance payments by direct deposit shall have ten days | 18705 |
| after receiving the authorization form to designate an account | 18706 |
| suitable for direct deposit. If within the required time the | 18707 |
|
applicant or recipient does not make
the designation | 18708 |
| 18709 | |
|
shall | 18710 |
| 18711 | |
| electronic benefit transfer system established under section | 18712 |
| 5101.33 of the Revised Code. | 18713 |
| (E) | 18714 |
| 18715 | |
| 18716 | |
| 18717 | |
| 18718 |
| | 18719 |
| 18720 | |
| 18721 | |
| 18722 |
| | 18723 |
| 18724 |
| | 18725 |
| | 18726 |
| | 18727 |
| 18728 |
| | 18729 |
| 18730 | |
| 18731 |
| | 18732 |
| 18733 | |
| 18734 | |
| 18735 | |
| 18736 | |
| 18737 | |
| 18738 | |
| 18739 | |
| 18740 | |
| 18741 | |
| 18742 | |
| 18743 | |
| 18744 | |
| 18745 | |
| 18746 | |
| adopt rules governing direct deposit systems established under | 18747 |
| this section. | 18748 |
| Sec. 329.042. | 18749 |
| services shall certify eligible public assistance and nonpublic | 18750 |
|
assistance
households | 18751 |
| 18752 | |
| supplemental nutrition assistance program in accordance with | 18753 |
|
federal and state
| 18754 |
|
enable low-income
households to participate in the | 18755 |
| supplemental nutrition assistance program and thereby to purchase | 18756 |
| foods having a greater monetary value than is possible under | 18757 |
| public assistance standard allowances or other low-income budgets. | 18758 |
| | 18759 |
|
administer
the distribution of | 18760 |
| assistance program benefits under the supervision of the | 18761 |
| department of job and family services. The benefits shall be | 18762 |
| distributed by a method approved by the department of job and | 18763 |
|
family services
in accordance with the | 18764 |
|
Act of
| 18765 |
| seq.) and regulations issued thereunder. | 18766 |
| | 18767 |
| 18768 | |
| 18769 | |
| 18770 | |
| 18771 | |
| 18772 | |
| 18773 | |
| 18774 | |
| 18775 | |
| 18776 | |
| 18777 |
| Sec. 329.06. (A) Except as provided in division (C) of this | 18778 |
| section and section 6301.08 of the Revised Code, the board of | 18779 |
| county commissioners shall establish a county family services | 18780 |
| planning committee. The board shall appoint a member to represent | 18781 |
| the county department of job and family services; an employee in | 18782 |
| the classified civil service of the county department of job and | 18783 |
| family services, if there are any such employees; and a member to | 18784 |
| represent the public. The board shall appoint other individuals to | 18785 |
| the committee in such a manner that the committee's membership is | 18786 |
| broadly representative of the groups of individuals and the public | 18787 |
| and private entities that have an interest in the family services | 18788 |
| provided in the county. The board shall make appointments in a | 18789 |
| manner that reflects the ethnic and racial composition of the | 18790 |
| county. The following groups and entities may be represented on | 18791 |
| the committee: | 18792 |
| (1) Consumers of family services; | 18793 |
| (2) The public children services agency; | 18794 |
| (3) The child support enforcement agency; | 18795 |
| (4) The county family and children first council; | 18796 |
| (5) Public and private colleges and universities; | 18797 |
| (6) Public entities that provide family services, including | 18798 |
| boards of health, boards of education, the county board of mental | 18799 |
| retardation and developmental disabilities, and the board of | 18800 |
| alcohol, drug addiction, and mental health services that serves | 18801 |
| the county; | 18802 |
| (7) Private nonprofit and for-profit entities that provide | 18803 |
| family services in the county or that advocate for consumers of | 18804 |
| family services in the county, including entities that provide | 18805 |
| services to or advocate for victims of domestic violence; | 18806 |
| (8) Labor organizations; | 18807 |
| (9) Any other group or entity that has an interest in the | 18808 |
| family services provided in the county, including groups or | 18809 |
| entities that represent any of the county's business, urban, and | 18810 |
| rural sectors. | 18811 |
| (B) The county family services planning committee shall do | 18812 |
| all of the following: | 18813 |
| (1) Serve as an advisory body to the board of county | 18814 |
| commissioners with regard to the family services provided in the | 18815 |
| county, including assistance under Chapters 5107. and 5108. of the | 18816 |
| Revised Code, publicly funded child care under Chapter 5104. of | 18817 |
| the Revised Code, and social services provided under section | 18818 |
| 5101.46 of the Revised Code; | 18819 |
| (2) At least once a year, review and analyze the county | 18820 |
| department of job and family services' implementation of the | 18821 |
| programs established under Chapters 5107. and 5108. of the Revised | 18822 |
| Code. In its review, the committee shall use information available | 18823 |
| to it to examine all of the following: | 18824 |
| (a) Return of assistance groups to participation in either | 18825 |
| program after ceasing to participate; | 18826 |
| (b) Teen pregnancy rates among the programs' participants; | 18827 |
| (c) The other types of assistance the programs' participants | 18828 |
|
receive, including | 18829 |
| of the Revised Code, publicly funded child care under Chapter | 18830 |
|
5104. of the Revised
Code, | 18831 |
| assistance program benefits under section 5101.54 of the Revised | 18832 |
| Code, and energy assistance under Chapter 5117. of the Revised | 18833 |
| Code; | 18834 |
| (d) Other issues the committee considers appropriate. | 18835 |
| The committee shall make recommendations to the board of | 18836 |
| county commissioners and county department of job and family | 18837 |
| services regarding the committee's findings. | 18838 |
| (3) Conduct public hearings on proposed county profiles for | 18839 |
| the provision of social services under section 5101.46 of the | 18840 |
| Revised Code; | 18841 |
| (4) At the request of the board, make recommendations and | 18842 |
| provide assistance regarding the family services provided in the | 18843 |
| county; | 18844 |
| (5) At any other time the committee considers appropriate, | 18845 |
| consult with the board and make recommendations regarding the | 18846 |
| family services provided in the county. The committee's | 18847 |
| recommendations may address the following: | 18848 |
| (a) Implementation and administration of family service | 18849 |
| programs; | 18850 |
| (b) Use of federal, state, and local funds available for | 18851 |
| family service programs; | 18852 |
| (c) Establishment of goals to be achieved by family service | 18853 |
| programs; | 18854 |
| (d) Evaluation of the outcomes of family service programs; | 18855 |
| (e) Any other matter the board considers relevant to the | 18856 |
| provision of family services. | 18857 |
| (C) If there is a committee in existence in a county on | 18858 |
| October 1, 1997, that the board of county commissioners determines | 18859 |
| is capable of fulfilling the responsibilities of a county family | 18860 |
| services planning committee, the board may designate the committee | 18861 |
| as the county's family services planning committee and the | 18862 |
| committee shall serve in that capacity. | 18863 |
| Sec. 340.033. (A) The board of alcohol, drug addiction, and | 18864 |
| mental health services shall serve as the planning agency for | 18865 |
| alcohol and drug addiction services for the county or counties in | 18866 |
| its service district. In accordance with procedures and guidelines | 18867 |
| established by the department of alcohol and drug addiction | 18868 |
| services, the board shall do all of the following: | 18869 |
| (1) Assess alcohol and drug addiction service needs and | 18870 |
| evaluate the need for alcohol and drug addiction programs; | 18871 |
| (2) According to the needs determined under division (A)(1) | 18872 |
| of this section, set priorities and develop plans for the | 18873 |
| operation of alcohol and drug addiction programs in cooperation | 18874 |
| with other local and regional planning and funding bodies and with | 18875 |
| relevant ethnic organizations; | 18876 |
| (3) Submit the plan for alcohol and drug addiction services | 18877 |
| required by section 3793.05 of the Revised Code to the department | 18878 |
| and implement the plan as approved by the department; | 18879 |
| (4) Provide to the department information to be included in | 18880 |
| the information system or systems established by the department | 18881 |
| under section 3793.04 of the Revised Code; | 18882 |
| (5) Enter into contracts with alcohol and drug addiction | 18883 |
| programs for the provision of alcohol and drug addiction services; | 18884 |
| (6) Review and evaluate alcohol and drug addiction programs | 18885 |
| in the district, and conduct program audits; | 18886 |
| (7) Prepare and submit to the department an annual report of | 18887 |
| the alcohol and drug addiction programs in the district; | 18888 |
| (8) Receive, compile, and transmit to the department | 18889 |
| applications for funding; | 18890 |
| (9) Promote, arrange, and implement working agreements with | 18891 |
| public and private social agencies and with judicial agencies; | 18892 |
| (10) Investigate, or request another agency to investigate, | 18893 |
| any complaint alleging abuse or neglect of any person receiving | 18894 |
| services from an alcohol or drug addiction program; | 18895 |
| (11) Establish a mechanism for the involvement of persons | 18896 |
| receiving services in, and obtaining their advice on, matters | 18897 |
| pertaining to alcohol or drug addiction services; | 18898 |
| (12) Recruit and promote local financial support, from | 18899 |
| private and public sources, for alcohol and drug addiction | 18900 |
| programs; | 18901 |
| (13) Approve fee schedules and related charges, adopt a unit | 18902 |
| cost schedule, or adopt other methods of payment for services | 18903 |
| provided by programs under contract pursuant to division (A)(5) of | 18904 |
| this section, in accordance with guidelines established by the | 18905 |
| department under section 3793.04 of the Revised Code. | 18906 |
| (B) In accordance with rules adopted by the auditor of state | 18907 |
| pursuant to section 117.20 of the Revised Code, at least annually | 18908 |
| the board shall audit all alcohol and drug addiction programs | 18909 |
| provided under contract with the board. The board may contract | 18910 |
| with private auditors for the performance of these audits. A copy | 18911 |
| of the fiscal audit report shall be provided to the director of | 18912 |
| alcohol and drug addiction services, the auditor of state, and the | 18913 |
| county auditor of each county in the board's district. | 18914 |
| (C) In contracting with a program under division (A)(5) of | 18915 |
| this section, a board shall consider the cost effectiveness of | 18916 |
| services provided by the program and the program's quality and | 18917 |
| continuity of care. The board may review cost elements, including | 18918 |
| salary costs, of the services provided by the program. | 18919 |
| A utilization review process shall be established as part of | 18920 |
| the contract for services. The board may establish this process in | 18921 |
| any way that it considers to be the most effective and efficient | 18922 |
| in meeting local needs. | 18923 |
| (D) If either the board or a program with which it contracts | 18924 |
| pursuant to division (A)(5) of this section proposes not to renew | 18925 |
| the contract or proposes substantial changes in contract terms on | 18926 |
| renewal of the contract, it shall give the other party to the | 18927 |
| contract written notice at least one hundred twenty days before | 18928 |
| the expiration date of the contract. During the first sixty days | 18929 |
| of this period, both parties shall attempt to resolve any dispute | 18930 |
| through good faith collaboration and negotiation in order that | 18931 |
| services to persons in need will be continued. If the dispute is | 18932 |
| not resolved during this time, either party may notify the | 18933 |
| department of alcohol and drug addiction services. The department | 18934 |
| may require both parties to submit the dispute to a mutually | 18935 |
| agreed upon third party with the cost to be shared by the board | 18936 |
| and the program. At least twenty days before the expiration of the | 18937 |
| contract, unless the board and the program agree to an extension, | 18938 |
| the third party shall issue to the board, program, and department, | 18939 |
| its recommendations for resolution of the dispute. | 18940 |
| The department shall adopt rules pursuant to Chapter 119. of | 18941 |
| the Revised Code establishing procedures for this dispute | 18942 |
| resolution process. | 18943 |
| (E) Section 307.86 of the Revised Code does not apply to | 18944 |
| contracts entered into pursuant to division (A)(5) of this | 18945 |
| section. | 18946 |
| (F)(1) With the prior approval of the department, a board of | 18947 |
| alcohol, drug addiction, and mental health services may operate an | 18948 |
| alcohol or drug addiction program as follows if there is no | 18949 |
| qualified program that is immediately available, willing to | 18950 |
| provide services, and able to obtain certification under Chapter | 18951 |
| 3793. of the Revised Code: | 18952 |
| (a) In an emergency situation, any board may operate a | 18953 |
| program in order to provide essential services for the duration of | 18954 |
| the emergency; | 18955 |
| (b) In a service district with a population of at least one | 18956 |
| hundred thousand but less than five hundred thousand, a board may | 18957 |
| operate a program for no longer than one year; | 18958 |
| (c) In a service district with a population of less than one | 18959 |
| hundred thousand, a board may operate a program for no longer than | 18960 |
| one year, except that such a board may operate a program for | 18961 |
| longer than one year with the prior approval of the department and | 18962 |
| the prior approval of the board of county commissioners, or of a | 18963 |
| majority of the boards of county commissioners if the district is | 18964 |
| a joint-county district. | 18965 |
| (2) The department shall not give a board its approval to | 18966 |
| operate a program under division (F)(1)(c) of this section unless | 18967 |
| it determines that the board's program will provide greater | 18968 |
| administrative efficiency and more or better services than would | 18969 |
| be available if the board contracted with a program for provision | 18970 |
| of the services. | 18971 |
| (3) The department shall not give a board its approval to | 18972 |
| operate a program previously operated by a public or private | 18973 |
| entity unless the board has established to the department's | 18974 |
| satisfaction that the entity cannot effectively operate the | 18975 |
| program, or that the entity has requested the board to take over | 18976 |
| operation of the program. | 18977 |
| (4) The department shall review and evaluate the operation of | 18978 |
| each program operated by a board under this division. | 18979 |
| (5) Nothing in this division authorizes a board to administer | 18980 |
| or direct the daily operation of any program other than a program | 18981 |
| operated by the board under this division, but a program may | 18982 |
| contract with a board to receive administrative services or staff | 18983 |
| direction from the board under the direction of the governing body | 18984 |
| of the program. | 18985 |
| (G) If an investigation conducted pursuant to division | 18986 |
| (A)(10) of this section substantiates a charge of abuse or | 18987 |
| neglect, the board shall take whatever action it determines is | 18988 |
| necessary to correct the situation, including notification of the | 18989 |
| appropriate authorities. On request, the board shall provide | 18990 |
| information about such investigations to the department. | 18991 |
| (H) When the board sets priorities and develops plans for the | 18992 |
| operation of alcohol and drug addiction programs under division | 18993 |
| (A)(2) of this section, the board shall consult with the county | 18994 |
| commissioners of the counties in the board's service district | 18995 |
| regarding the services described in section 340.15 of the Revised | 18996 |
| Code and shall give a priority to those services, except that | 18997 |
| those services shall not have priority over services provided to | 18998 |
| pregnant women under programs developed in relation to the mandate | 18999 |
| established in section 3793.15 of the Revised Code. The plans | 19000 |
| shall identify funds the board and public children services | 19001 |
| agencies in the board's service district have available to fund | 19002 |
| jointly the services described in section 340.15 of the Revised | 19003 |
| Code. | 19004 |
| Sec. 504.21. (A) The board of township trustees of a | 19005 |
| township that has adopted a limited home rule government may, for | 19006 |
| the unincorporated territory in the township, adopt, amend, and | 19007 |
| rescind rules establishing technically feasible and economically | 19008 |
| reasonable standards to achieve a level of management and | 19009 |
| conservation practices that will abate wind or water erosion of | 19010 |
| the soil or abate the degradation of the waters of the state by | 19011 |
| soil sediment in conjunction with land grading, excavating, | 19012 |
| filling, or other soil disturbing activities on land used or being | 19013 |
| developed in the township for nonfarm commercial, industrial, | 19014 |
| residential, or other nonfarm purposes, and establish criteria for | 19015 |
| determination of the acceptability of those management and | 19016 |
| conservation practices. The rules shall be designed to implement | 19017 |
| the applicable areawide waste treatment management plan prepared | 19018 |
| under section 208 of the "Federal Water Pollution Control Act," 86 | 19019 |
| Stat. 816 (1972), 33 U.S.C.A. 1228, as amended, and to implement | 19020 |
| phase II of the storm water program of the national pollutant | 19021 |
| discharge elimination system established in 40 C.F.R. Part 122. | 19022 |
| The rules to implement phase II of the storm water program of the | 19023 |
| national pollutant discharge elimination system shall not be | 19024 |
| inconsistent with, more stringent than, or broader in scope than | 19025 |
| the rules or regulations adopted by the environmental protection | 19026 |
| agency under 40 C.F.R. Part 122. The rules adopted under this | 19027 |
| section shall not apply inside the limits of municipal | 19028 |
| corporations, to lands being used in a strip mine operation as | 19029 |
| defined in section 1513.01 of the Revised Code, or to land being | 19030 |
| used in a surface mine operation as defined in section 1514.01 of | 19031 |
| the Revised Code. | 19032 |
| The rules adopted under this section may require persons to | 19033 |
| file plans governing erosion control, sediment control, and water | 19034 |
| management before clearing, grading, excavating, filling, or | 19035 |
| otherwise wholly or partially disturbing one or more contiguous | 19036 |
| acres of land owned by one person or operated as one development | 19037 |
| unit for the construction of nonfarm buildings, structures, | 19038 |
| utilities, recreational areas, or other similar nonfarm uses. If | 19039 |
| the rules require plans to be filed, the rules shall do all of the | 19040 |
| following: | 19041 |
| (1) Designate the board itself, its employees, or another | 19042 |
| agency or official to review and approve or disapprove the plans; | 19043 |
| (2) Establish procedures and criteria for the review and | 19044 |
| approval or disapproval of the plans; | 19045 |
| (3) Require the designated entity to issue a permit to a | 19046 |
| person for the clearing, grading, excavating, filling, or other | 19047 |
| project for which plans are approved and to deny a permit to a | 19048 |
| person whose plans have been disapproved; | 19049 |
| (4) Establish procedures for the issuance of the permits; | 19050 |
| (5) Establish procedures under which a person may appeal the | 19051 |
| denial of a permit. | 19052 |
| Areas of less than one contiguous acre shall not be exempt | 19053 |
| from compliance with other provisions of this section or rules | 19054 |
| adopted under this section. The rules adopted under this section | 19055 |
| may impose reasonable filing fees for plan review, permit | 19056 |
| processing, and field inspections. | 19057 |
| No permit or plan shall be required for a public highway, | 19058 |
| transportation, or drainage improvement or maintenance project | 19059 |
| undertaken by a government agency or political subdivision in | 19060 |
| accordance with a statement of its standard sediment control | 19061 |
| policies that is approved by the board or the chief of the | 19062 |
|
division of soil and water
| 19063 |
| department of natural resources. | 19064 |
| (B) Rules or amendments may be adopted under this section | 19065 |
| only after public hearings at not fewer than two regular sessions | 19066 |
| of the board of township trustees. The board shall cause to be | 19067 |
| published, in a newspaper of general circulation in the township, | 19068 |
| notice of the public hearings, including time, date, and place, | 19069 |
| once a week for two weeks immediately preceding the hearings. The | 19070 |
| proposed rules or amendments shall be made available by the board | 19071 |
| to the public at the board office or other location indicated in | 19072 |
| the notice. The rules or amendments shall take effect on the | 19073 |
| thirty-first day following the date of their adoption. | 19074 |
| (C) The board of township trustees may employ personnel to | 19075 |
| assist in the administration of this section and the rules adopted | 19076 |
| under it. The board also, if the action does not conflict with the | 19077 |
| rules, may delegate duties to review sediment control and water | 19078 |
| management plans to its employees, and may enter into agreements | 19079 |
| with one or more political subdivisions, other township officials, | 19080 |
| or other government agencies, in any combination, in order to | 19081 |
| obtain reviews and comments on plans governing erosion control, | 19082 |
| sediment control, and water management or to obtain other services | 19083 |
| for the administration of the rules adopted under this section. | 19084 |
| (D) The board of township trustees or any duly authorized | 19085 |
| representative of the board may, upon identification to the owner | 19086 |
| or person in charge, enter any land upon obtaining agreement with | 19087 |
| the owner, tenant, or manager of the land in order to determine | 19088 |
| whether there is compliance with the rules adopted under this | 19089 |
| section. If the board or its duly authorized representative is | 19090 |
| unable to obtain such an agreement, the board or representative | 19091 |
| may apply for, and a judge of the court of common pleas for the | 19092 |
| county where the land is located may issue, an appropriate | 19093 |
| inspection warrant as necessary to achieve the purposes of this | 19094 |
| section. | 19095 |
| (E)(1) If the board of township trustees or its duly | 19096 |
| authorized representative determines that a violation of the rules | 19097 |
| adopted under this section exists, the board or representative may | 19098 |
| issue an immediate stop work order if the violator failed to | 19099 |
| obtain any federal, state, or local permit necessary for sediment | 19100 |
| and erosion control, earth movement, clearing, or cut and fill | 19101 |
| activity. In addition, if the board or representative determines | 19102 |
| such a rule violation exists, regardless of whether or not the | 19103 |
| violator has obtained the proper permits, the board or | 19104 |
| representative may authorize the issuance of a notice of | 19105 |
| violation. If, after a period of not less than thirty days has | 19106 |
| elapsed following the issuance of the notice of violation, the | 19107 |
| violation continues, the board or its duly authorized | 19108 |
| representative shall issue a second notice of violation. Except as | 19109 |
| provided in division (E)(3) of this section, if, after a period of | 19110 |
| not less than fifteen days has elapsed following the issuance of | 19111 |
| the second notice of violation, the violation continues, the board | 19112 |
| or its duly authorized representative may issue a stop work order | 19113 |
| after first obtaining the written approval of the prosecuting | 19114 |
| attorney of the county in which the township is located if, in the | 19115 |
| opinion of the prosecuting attorney, the violation is egregious. | 19116 |
| Once a stop work order is issued, the board or its duly | 19117 |
| authorized representative shall request, in writing, the | 19118 |
| prosecuting attorney to seek an injunction or other appropriate | 19119 |
| relief in the court of common pleas to abate excessive erosion or | 19120 |
| sedimentation and secure compliance with the rules adopted under | 19121 |
| this section. If the prosecuting attorney seeks an injunction or | 19122 |
| other appropriate relief, then, in granting relief, the court of | 19123 |
| common pleas may order the construction of sediment control | 19124 |
| improvements or implementation of other control measures and may | 19125 |
| assess a civil fine of not less than one hundred or more than five | 19126 |
| hundred dollars. Each day of violation of a rule or stop work | 19127 |
| order issued under this section shall be considered a separate | 19128 |
| violation subject to a civil fine. | 19129 |
| (2) The person to whom a stop work order is issued under this | 19130 |
| section may appeal the order to the court of common pleas of the | 19131 |
| county in which it was issued, seeking any equitable or other | 19132 |
| appropriate relief from that order. | 19133 |
| (3) No stop work order shall be issued under this section | 19134 |
| against any public highway, transportation, or drainage | 19135 |
| improvement or maintenance project undertaken by a government | 19136 |
| agency or political subdivision in accordance with a statement of | 19137 |
| its standard sediment control policies that is approved by the | 19138 |
|
board or the chief of the division of soil and water | 19139 |
| resources in the department of natural resources. | 19140 |
| (F) No person shall violate any rule adopted or order issued | 19141 |
| under this section. Notwithstanding division (E) of this section, | 19142 |
| if the board of township trustees determines that a violation of | 19143 |
| any rule adopted or administrative order issued under this section | 19144 |
| exists, the board may request, in writing, the prosecuting | 19145 |
| attorney of the county in which the township is located, to seek | 19146 |
| an injunction or other appropriate relief in the court of common | 19147 |
| pleas to abate excessive erosion or sedimentation and secure | 19148 |
| compliance with the rules or order. In granting relief, the court | 19149 |
| of common pleas may order the construction of sediment control | 19150 |
| improvements or implementation of other control measures and may | 19151 |
| assess a civil fine of not less than one hundred or more than five | 19152 |
| hundred dollars. Each day of violation of a rule adopted or | 19153 |
| administrative order issued under this section shall be considered | 19154 |
| a separate violation subject to a civil fine. | 19155 |
| Sec. 717.25. The legislative authority of a municipal | 19156 |
| corporation may establish a low-cost solar panel revolving loan | 19157 |
| program to assist residents of the municipal corporation to | 19158 |
| install solar panels at their residences. If the legislative | 19159 |
| authority decides to establish such a program, the legislative | 19160 |
| authority shall adopt an ordinance that provides for the | 19161 |
| following: | 19162 |
| (A) Creation in the municipal treasury of a residential solar | 19163 |
| panel revolving loan fund; | 19164 |
| (B) A source of money, such as gifts, bond issues, real | 19165 |
| property assessments, or federal subsidies, to seed the | 19166 |
| residential solar panel revolving loan fund; | 19167 |
| (C) Facilities for making loans from the residential solar | 19168 |
| panel revolving loan fund, including an explanation of how | 19169 |
| residents of the municipal corporation may qualify for loans from | 19170 |
| the fund, a description of the solar panels and related equipment | 19171 |
| for which a loan can be made from the fund, authorization of a | 19172 |
| municipal agency to process applications for loans and otherwise | 19173 |
| to administer the low-cost solar panel revolving loan program, a | 19174 |
| procedure whereby loans can be applied for, criteria for reviewing | 19175 |
| and accepting or denying applications for loans, criteria for | 19176 |
| determining the appropriate amount of a loan, the interest rate to | 19177 |
| be charged, the repayment schedule, and other terms and conditions | 19178 |
| of a loan, and procedures for collecting loans that are not repaid | 19179 |
| according to the repayment schedule; | 19180 |
| (D) A specification that repayments of loans from the | 19181 |
| residential solar panel revolving loan fund are to be credited to | 19182 |
| the fund, that the money in the fund is to be invested pending its | 19183 |
| being lent out, and that investment earnings on the money in the | 19184 |
| fund is to be credited to the fund; and | 19185 |
| (E) Other matters necessary and proper for efficient | 19186 |
| operation of the low-cost solar panel revolving loan program as a | 19187 |
| means of encouraging use of renewable energy. | 19188 |
| The interest rate charged on a loan from the residential | 19189 |
| solar panel revolving loan fund shall be below prevailing market | 19190 |
| rates. The legislative authority may specify the interest rate in | 19191 |
| the ordinance or may, after establishing a standard in the | 19192 |
| ordinance whereby the interest rate can be specified, delegate | 19193 |
| authority to specify the interest rate to the administrator of | 19194 |
| loans from the residential solar panel revolving loan fund. | 19195 |
| The residential solar panel revolving loan fund shall be | 19196 |
| seeded with sufficient money to enable loans to be made until the | 19197 |
| fund accumulates sufficient reserves through investment and | 19198 |
| repayment of loans for revolving operation. | 19199 |
| Sec. 718.04. (A) No municipal corporation other than the | 19200 |
| 19201 | |
| income of any member or employee of the Ohio general assembly | 19202 |
| including the lieutenant governor which income is received as a | 19203 |
| result of services rendered as such member or employee and is paid | 19204 |
| from appropriated funds of this state. | 19205 |
| (B) No municipal corporation other than the municipal | 19206 |
| corporation of residence and the city of Columbus shall levy a | 19207 |
| tax on the income of the chief justice or a justice of the | 19208 |
| supreme court received as a result of services rendered as the | 19209 |
| chief justice or justice. No municipal corporation other than the | 19210 |
| municipal corporation of residence shall levy a tax on the income | 19211 |
| of a judge sitting by assignment of the chief justice or on the | 19212 |
| income of a district court of appeals judge sitting in multiple | 19213 |
| locations within the district, received as a result of services | 19214 |
| rendered as a judge. | 19215 |
| Sec. 721.15. (A) Personal property not needed for municipal | 19216 |
| purposes, the estimated value of which is less than one thousand | 19217 |
| dollars, may be sold by the board or officer having supervision or | 19218 |
| management of that property. If the estimated value of that | 19219 |
| property is one thousand dollars or more, it shall be sold only | 19220 |
| when authorized by an ordinance of the legislative authority of | 19221 |
| the municipal corporation and approved by the board, officer, or | 19222 |
| director having supervision or management of that property. When | 19223 |
| so authorized, the board, officer, or director shall make a | 19224 |
| written contract with the highest and best bidder after | 19225 |
| advertisement for not less than two or more than four consecutive | 19226 |
| weeks in a newspaper of general circulation within the municipal | 19227 |
| corporation, or with a board of county commissioners upon such | 19228 |
| lawful terms as are agreed upon, as provided by division (B)(1) of | 19229 |
| section 721.27 of the Revised Code. | 19230 |
| (B) When the legislative authority finds, by resolution, that | 19231 |
| the municipal corporation has vehicles, equipment, or machinery | 19232 |
| which is obsolete, or is not needed or is unfit for public use, | 19233 |
| that the municipal corporation has need of other vehicles, | 19234 |
| equipment, or machinery of the same type, and that it will be in | 19235 |
| the best interest of the municipal corporation that the sale of | 19236 |
| obsolete, unneeded, or unfit vehicles, equipment, or machinery be | 19237 |
| made simultaneously with the purchase of the new vehicles, | 19238 |
| equipment, or machinery of the same type, the legislative | 19239 |
| authority may offer to sell, or authorize a board, officer, or | 19240 |
| director of the municipal corporation having supervision or | 19241 |
| management of the property to offer to sell, those vehicles, | 19242 |
| equipment, or machinery and to have the selling price credited | 19243 |
| against the purchase price of other vehicles, equipment, or | 19244 |
| machinery and to consummate the sale and purchase by a single | 19245 |
| contract with the lowest and best bidder to be determined by | 19246 |
| subtracting from the selling price of the vehicles, equipment, or | 19247 |
| machinery to be purchased by the municipal corporation the | 19248 |
| purchase price offered for the municipally-owned vehicles, | 19249 |
| equipment, or machinery. When the legislative authority or the | 19250 |
| authorized board, officer, or director of a municipal corporation | 19251 |
| advertises for bids for the sale of new vehicles, equipment, or | 19252 |
| machinery to the municipal corporation, they may include in the | 19253 |
| same advertisement a notice of willingness to accept bids for the | 19254 |
| purchase of municipally-owned vehicles, equipment, or machinery | 19255 |
| which is obsolete, or is not needed or is unfit for public use, | 19256 |
| and to have the amount of those bids subtracted from the selling | 19257 |
| price as a means of determining the lowest and best bidder. | 19258 |
| (C) If the legislative authority of the municipal corporation | 19259 |
| determines that municipal personal property is not needed for | 19260 |
| public use, or is obsolete or unfit for the use for which it was | 19261 |
| acquired, and that the property has no value, the legislative | 19262 |
| authority may discard or salvage that property. | 19263 |
| (D) Notwithstanding anything to the contrary in division (A) | 19264 |
| or (B) of this section and regardless of the property's value, the | 19265 |
| legislative authority of a municipal corporation may sell personal | 19266 |
| property, including motor vehicles acquired for the use of | 19267 |
| municipal officers and departments, and road machinery, equipment, | 19268 |
| tools, or supplies, which is not needed for public use, or is | 19269 |
| obsolete or unfit for the use for which it was acquired, by | 19270 |
| internet auction. The legislative authority shall adopt, during | 19271 |
| each calendar year, a resolution expressing its intent to sell | 19272 |
| that property by internet auction. The resolution shall include a | 19273 |
| description of how the auctions will be conducted and shall | 19274 |
| specify the number of days for bidding on the property, which | 19275 |
|
shall be no less than | 19276 |
| Sundays, and legal holidays. The resolution shall indicate whether | 19277 |
| the municipal corporation will conduct the auction or the | 19278 |
| legislative authority will contract with a representative to | 19279 |
| conduct the auction and shall establish the general terms and | 19280 |
| conditions of sale. If a representative is known when the | 19281 |
| resolution is adopted, the resolution shall provide contact | 19282 |
| information such as the representative's name, address, and | 19283 |
| telephone number. | 19284 |
| After adoption of the resolution, the legislative authority | 19285 |
| shall publish, in a newspaper of general circulation in the | 19286 |
| municipal corporation, notice of its intent to sell unneeded, | 19287 |
| obsolete, or unfit municipal personal property by internet | 19288 |
| auction. The notice shall include a summary of the information | 19289 |
| provided in the resolution and shall be published at least twice. | 19290 |
| The second and any subsequent notice shall be published not less | 19291 |
| than ten nor more than twenty days after the previous notice. A | 19292 |
| similar notice also shall be posted continually throughout the | 19293 |
| calendar year in a conspicuous place in the offices of the village | 19294 |
| clerk or city auditor, and the legislative authority, and, if the | 19295 |
| municipal corporation maintains a website on the internet, the | 19296 |
| notice shall be posted continually throughout the calendar year at | 19297 |
| that website. | 19298 |
| When the property is to be sold by internet auction, the | 19299 |
| legislative authority or its representative may establish a | 19300 |
| minimum price that will be accepted for specific items and may | 19301 |
| establish any other terms and conditions for the particular sale, | 19302 |
| including requirements for pick-up or delivery, method of payment, | 19303 |
| and sales tax. This type of information shall be provided on the | 19304 |
| internet at the time of the auction and may be provided before | 19305 |
| that time upon request after the terms and conditions have been | 19306 |
| determined by the legislative authority or its representative. | 19307 |
| Sec. 901.041. There is hereby created in the state treasury | 19308 |
| the sustainable agriculture program fund. The fund shall consist | 19309 |
| of money credited to it, including, without limitation, federal | 19310 |
| money. The director of agriculture shall use money in the fund to | 19311 |
| support programs and activities that advance sustainable | 19312 |
| agriculture, including administrative costs incurred by the | 19313 |
| department of agriculture in administering the programs and | 19314 |
| activities. | 19315 |
| Sec. 901.20. (A) The director of agriculture may do either | 19316 |
| or both of the following: | 19317 |
| (1) Reserve exhibition space for exhibitors to exhibit their | 19318 |
| goods in trade shows held in this country or in any other country. | 19319 |
| The director may charge and collect fees from any exhibitor who | 19320 |
| uses space reserved by the director under division (A)(1) of this | 19321 |
| section. | 19322 |
| (2) Conduct or cause to be conducted seminars or other | 19323 |
| educational programs for the benefit of farmers and other | 19324 |
| producers in this state who are interested in exporting their | 19325 |
| goods overseas. The director may charge and collect fees from any | 19326 |
| person who attends a seminar or other educational program | 19327 |
| conducted under division (A)(2) of this section. | 19328 |
| (B) There is hereby created in the state treasury the Ohio | 19329 |
| proud, international, and domestic market development fund. Fees | 19330 |
| collected under division (A) of this section shall be deposited | 19331 |
| into the fund. The fund shall be used solely to carry out the | 19332 |
| purposes of that division. | 19333 |
| Sec. 901.32. Funds and the proceeds of the trust assets | 19334 |
| 19335 | |
| of agriculture of the United States under section 901.31 of the | 19336 |
| Revised Code shall be paid to and received by the director of | 19337 |
|
agriculture, and paid by | 19338 |
| to the credit of the Ohio farm loan fund, which is hereby created. | 19339 |
| Money credited to the fund may be expended or obligated by the | 19340 |
|
director for | 19341 |
| 19342 | |
| 19343 | |
| 19344 | |
| 19345 |
| All moneys received from investment of the fund shall be | 19346 |
| credited to the fund. | 19347 |
| All moneys received by the director resulting from the | 19348 |
| operation of the fund shall be credited to the fund. | 19349 |
| Sec. 903.082. (A) The director of agriculture may determine | 19350 |
| that an animal feeding facility that is not a medium concentrated | 19351 |
| animal feeding operation or small concentrated animal feeding | 19352 |
| operation as defined in section 903.01 of the Revised Code | 19353 |
| nevertheless shall be required to be permitted as a medium or | 19354 |
| small concentrated animal feeding operation when all of the | 19355 |
| following apply: | 19356 |
| (1) The director has received from the chief of the division | 19357 |
|
of soil and water | 19358 |
| natural resources a copy of an order issued under section 1511.02 | 19359 |
| of the Revised Code that specifies that the animal feeding | 19360 |
| facility has caused agricultural pollution by failure to comply | 19361 |
| with standards established under that section and that the animal | 19362 |
| feeding facility therefore should be required to be permitted as a | 19363 |
| medium or small concentrated animal feeding operation. | 19364 |
| (2) The director or the director's authorized representative | 19365 |
| has inspected the animal feeding facility. | 19366 |
| (3) The director or the director's authorized representative | 19367 |
| finds that the facility is not being operated in a manner that | 19368 |
| protects the waters of the state. | 19369 |
| (B) If an animal feeding facility is required to be permitted | 19370 |
| in accordance with this section, the owner or operator of the | 19371 |
| facility shall apply to the director for a permit to operate as a | 19372 |
| concentrated animal feeding operation. In a situation in which | 19373 |
| best management practices cannot be implemented without modifying | 19374 |
| the existing animal feeding facility, the owner or operator of the | 19375 |
| facility also shall apply for a permit to install for the | 19376 |
| facility. | 19377 |
| (C) In the case of an animal feeding facility for which a | 19378 |
| permit to operate is required under this section, a permit to | 19379 |
| operate shall not be required after the end of the five-year term | 19380 |
| of the permit if the problems that caused the facility to be | 19381 |
| required to obtain the permit have been corrected to the | 19382 |
| director's satisfaction. | 19383 |
| Sec. 903.11. (A) The director of agriculture may enter into | 19384 |
| contracts or agreements to carry out the purposes of this chapter | 19385 |
| with any public or private person, including the Ohio state | 19386 |
| university extension service, the natural resources conservation | 19387 |
| service in the United States department of agriculture, the | 19388 |
| environmental protection agency, the division of soil and water | 19389 |
| 19390 | |
| soil and water conservation districts established under Chapter | 19391 |
| 1515. of the Revised Code. However, the director shall not enter | 19392 |
| into a contract or agreement with a private person for the review | 19393 |
| of applications for permits to install, permits to operate, NPDES | 19394 |
| permits, or review compliance certificates that are issued under | 19395 |
| this chapter or for the inspection of a facility regulated under | 19396 |
| this chapter or with any person for the issuance of any of those | 19397 |
| permits or certificates or for the enforcement of this chapter and | 19398 |
| rules adopted under it. | 19399 |
| (B) The director may administer grants and loans using moneys | 19400 |
| from the federal government and other sources, public or private, | 19401 |
| for carrying out any of the director's functions. Nothing in this | 19402 |
| chapter shall be construed to limit the eligibility of owners or | 19403 |
| operators of animal feeding facilities or other agricultural | 19404 |
| enterprises to receive moneys from the water pollution control | 19405 |
| loan fund established under section 6111.036 of the Revised Code | 19406 |
| and the nonpoint source pollution management fund established | 19407 |
| under section 6111.037 of the Revised Code. | 19408 |
| The director of agriculture shall provide the director of | 19409 |
| environmental protection with written recommendations for | 19410 |
| providing financial assistance from those funds to agricultural | 19411 |
| enterprises. The director of environmental protection shall | 19412 |
| consider the recommendations in developing priorities for | 19413 |
| providing financial assistance from the funds. | 19414 |
| Sec. 903.25. An owner or operator of an animal feeding | 19415 |
| facility who holds a permit to install, a permit to operate, a | 19416 |
| review compliance certificate, or a NPDES permit or who is | 19417 |
| operating under an operation and management plan, as defined in | 19418 |
| section 1511.01 of the Revised Code, approved by the chief of the | 19419 |
|
division of soil and water | 19420 |
| department of natural resources under section 1511.02 of the | 19421 |
| Revised Code or by the supervisors of the appropriate soil and | 19422 |
| water conservation district under section 1515.08 of the Revised | 19423 |
| Code shall not be required by any political subdivision of the | 19424 |
| state or any officer, employee, agency, board, commission, | 19425 |
| department, or other instrumentality of a political subdivision to | 19426 |
| obtain a license, permit, or other approval pertaining to manure, | 19427 |
| insects or rodents, odor, or siting requirements for installation | 19428 |
| of an animal feeding facility. | 19429 |
| Sec. 905.32. (A) No person shall manufacture or distribute | 19430 |
| in this state any type of fertilizer until a license to | 19431 |
| manufacture or distribute has been obtained by the manufacturer or | 19432 |
| distributor from the department of agriculture upon payment of a | 19433 |
| five dollar fee: | 19434 |
| (1) For each fixed (permanent) location at which fertilizer | 19435 |
| is manufactured in this state; | 19436 |
| (2) For each mobile unit used to manufacture fertilizer in | 19437 |
| this state; | 19438 |
| (3) For each location out of the state from which fertilizer | 19439 |
| is distributed in this state to nonlicensees. | 19440 |
| All licenses shall be valid for one year beginning on the | 19441 |
| first day of December of a calendar year through the thirtieth day | 19442 |
| of November of the following calendar year. A renewal application | 19443 |
| for a license shall be submitted no later than the thirtieth day | 19444 |
| of November each year. A person who submits a renewal application | 19445 |
| for a license after the thirtieth day of November shall include | 19446 |
| with the application a late filing fee of ten dollars. | 19447 |
| (B) An application for license shall include: | 19448 |
| (1) The name and address of the licensee; | 19449 |
| (2) The name and address of each bulk distribution point in | 19450 |
| the state, not licensed for fertilizer manufacture and | 19451 |
| distribution. | 19452 |
| The name and address shown on the license shall be shown on | 19453 |
| all labels, pertinent invoices, and bulk storage for fertilizers | 19454 |
| distributed by the licensee in this state. | 19455 |
| (C) The licensee shall inform the director of agriculture in | 19456 |
| writing of additional distribution points established during the | 19457 |
| period of the license. | 19458 |
| (D) All money collected under this section shall be credited | 19459 |
| to the pesticide, fertilizer, and lime program fund created in | 19460 |
| section 921.22 of the Revised Code. | 19461 |
| Sec. 905.33. (A) Except as provided in division (C) of this | 19462 |
| section, no person shall distribute in this state a specialty | 19463 |
| fertilizer until it is registered by the manufacturer or | 19464 |
| distributor with the department of agriculture. An application, in | 19465 |
| duplicate, for each brand and product name of each grade of | 19466 |
| specialty fertilizer shall be made on a form furnished by the | 19467 |
| director of agriculture and shall be accompanied with a fee of | 19468 |
| fifty dollars for each brand and product name of each grade. | 19469 |
| Labels for each brand and product name of each grade shall | 19470 |
| accompany the application. Upon the approval of an application by | 19471 |
| the director, a copy of the registration shall be furnished the | 19472 |
| applicant. All registrations shall be valid for one year beginning | 19473 |
| on the first day of December of a calendar year through the | 19474 |
| thirtieth day of November of the following calendar year. | 19475 |
| (B) An application for registration shall include the | 19476 |
| following: | 19477 |
| (1) Name and address of the manufacturer or distributor; | 19478 |
| (2) The brand and product name; | 19479 |
| (3) The grade; | 19480 |
| (4) The guaranteed analysis; | 19481 |
| (5) The package sizes for persons that package fertilizers | 19482 |
| only in containers of ten pounds or less. | 19483 |
| (C)(1) No person who engages in the business of applying | 19484 |
| custom mixed fertilizer to lawns, golf courses, recreation areas, | 19485 |
| or other real property that is not used for agricultural | 19486 |
| production shall be required to register the custom mixed | 19487 |
| fertilizer as a specialty fertilizer in accordance with division | 19488 |
| (A) of this section if the fertilizer ingredients of the custom | 19489 |
| mixed fertilizer are registered as specialty fertilizers and the | 19490 |
| inspection fee described in division (A) of section 905.36 of the | 19491 |
| Revised Code is paid. | 19492 |
| (2) No person who engages in the business of blending custom | 19493 |
| mixed fertilizer for use on lawns, golf courses, recreation areas, | 19494 |
| or other real property that is not used for agricultural | 19495 |
| production shall be required to register the custom mixed | 19496 |
| fertilizer as a specialty fertilizer in accordance with division | 19497 |
| (A) of this section if the facility holds a nonagricultural | 19498 |
| production custom mixed fertilizer blender license issued under | 19499 |
| section 905.331 of the Revised Code. | 19500 |
| (D) A person who engages in the business of applying or | 19501 |
| blending custom mixed fertilizer as described in division (C) of | 19502 |
| this section shall maintain an original or a copy of an invoice or | 19503 |
| document of sale for all fertilizer the person applies or | 19504 |
| distributes for one year following the date of the application or | 19505 |
| distribution, and, upon the director's request, shall furnish the | 19506 |
| director with the invoice or document of sale for the director's | 19507 |
| review. | 19508 |
| (E) All money collected under this section shall be credited | 19509 |
| to the pesticide, fertilizer, and lime program fund created in | 19510 |
| section 921.22 of the Revised Code. | 19511 |
| Sec. 905.331. No person who engages in the business of | 19512 |
| blending a custom mixed fertilizer for use on lawns, golf courses, | 19513 |
| recreation areas, or other real property that is not used for | 19514 |
| agricultural production shall fail to register a specialty | 19515 |
| fertilizer in accordance with division (A) of section 905.33 of | 19516 |
| the Revised Code unless the person has obtained an annual | 19517 |
| nonagricultural production custom mixed fertilizer blender license | 19518 |
| from the director of agriculture. | 19519 |
| A license issued under this section shall be valid from the | 19520 |
| first day of December of a calendar year through the thirtieth day | 19521 |
| of November of the following calendar year. A renewal application | 19522 |
| for a nonagricultural production custom mixed fertilizer blender | 19523 |
| license shall be submitted to the director no later than the | 19524 |
| thirtieth day of November each year and shall include the name and | 19525 |
| address of the applicant and of the premises where the blending | 19526 |
| occurs and a one-hundred-dollar fee. A person who submits a | 19527 |
| renewal application for a license after the thirtieth day of | 19528 |
| November shall include with the application a late filing fee of | 19529 |
| ten dollars. All nonagricultural production custom mixed | 19530 |
| fertilizer blender licenses expire on the thirtieth day of | 19531 |
| November each year. | 19532 |
| A person holding a nonagricultural production custom mixed | 19533 |
| fertilizer blender license shall pay the inspection fees described | 19534 |
| in division (A) of section 905.36 of the Revised Code for each | 19535 |
| product being blended. | 19536 |
| All money collected under this section shall be credited to | 19537 |
| the pesticide, fertilizer, and lime program fund created in | 19538 |
| section 921.22 of the Revised Code. | 19539 |
| Sec. 905.36. (A) A licensee or registrant, except | 19540 |
| registrants who package specialty fertilizers only in containers | 19541 |
| of ten pounds or less, shall pay the director of agriculture for | 19542 |
| all fertilizers distributed in this state an inspection fee at the | 19543 |
| rate of twenty-five cents per ton or twenty-eight cents per metric | 19544 |
| ton. Licensees and registrants shall specify on an invoice whether | 19545 |
| the per ton inspection fee has been paid or whether payment of the | 19546 |
| fee is the responsibility of the purchaser of the fertilizer. The | 19547 |
| payment of this inspection fee by a licensee or registrant shall | 19548 |
| exempt all other persons from the payment of this fee. | 19549 |
| (B) Every licensee or registrant shall file with the director | 19550 |
| an annual tonnage report that includes the number of net tons or | 19551 |
| metric tons of fertilizer distributed to nonlicensees or | 19552 |
| nonregistrants in this state by grade; packaged; bulk, dry or | 19553 |
| liquid. The report shall be filed on or before the thirtieth day | 19554 |
| of November of each calendar year and shall include data from the | 19555 |
| period beginning on the first day of November of the year | 19556 |
| preceding the year in which the report is due through the | 19557 |
| thirty-first day of October of the year in which the report is | 19558 |
| due. The licensee or registrant, except registrants who package | 19559 |
| specialty fertilizers only in containers of ten pounds or less, | 19560 |
| shall include with this statement the inspection fee at the rate | 19561 |
| stated in division (A) of this section. For a tonnage report that | 19562 |
| is not filed or payment of inspection fees that is not made on or | 19563 |
| before the thirtieth day of November of the applicable calendar | 19564 |
| year, a penalty of fifty dollars or ten per cent of the amount | 19565 |
| due, whichever is greater, shall be assessed against the licensee | 19566 |
| or registrant. The amount of fees due, plus penalty, shall | 19567 |
| constitute a debt and become the basis of a judgment against the | 19568 |
| licensee or registrant. For tonnage reports found to be | 19569 |
| incorrect, a penalty of fifteen per cent of the amount due shall | 19570 |
| be assessed against the licensee or registrant and shall | 19571 |
| constitute a debt and become the basis of a judgment against the | 19572 |
| licensee or registrant. | 19573 |
| (C) No information furnished under this section shall be | 19574 |
| disclosed by any employee of the department of agriculture in such | 19575 |
| a way as to divulge the operation of any person required to make | 19576 |
| such a report. The filing by a licensee or registrant of a sales | 19577 |
| volume tonnage statement required by division (B) of this section | 19578 |
| thereby grants permission to the director to verify the same with | 19579 |
| the records of the licensee or registrant. | 19580 |
| (D) All money collected under this section shall be credited | 19581 |
| to the pesticide, fertilizer, and lime program fund created in | 19582 |
| section 921.22 of the Revised Code. | 19583 |
| Sec. 905.50. If the director of agriculture has taken an | 19584 |
| official sample of a fertilizer or mixed fertilizer and determined | 19585 |
| that it constitutes mislabeled fertilizer pursuant to rules | 19586 |
| adopted under section 905.40 of the Revised Code, the person who | 19587 |
| labeled the fertilizer or mixed fertilizer shall pay a penalty to | 19588 |
| the consumer of the mislabeled fertilizer or, if the consumer | 19589 |
| cannot be determined with reasonable diligence or is not | 19590 |
|
available, to the director | 19591 |
| 19592 | |
| 19593 | |
| the Revised Code. The amount of the penalty shall be calculated in | 19594 |
| accordance with either division (A) or (B) of this section, | 19595 |
| whichever method of calculation yields the largest amount. | 19596 |
| (A)(1) A penalty required to be paid under this section may | 19597 |
| be calculated as follows: | 19598 |
| (a) Five dollars for each percentage point of total nitrogen | 19599 |
| or phosphorus in the fertilizer that is below the percentage of | 19600 |
| nitrogen or phosphorus guaranteed on the label, multiplied by the | 19601 |
| number of tons of mislabeled fertilizer that have been sold to the | 19602 |
| consumer; | 19603 |
| (b) Three dollars for each percentage point of potash in the | 19604 |
| fertilizer that is below the percentage of potash guaranteed on | 19605 |
| the label, multiplied by the number of tons of mislabeled | 19606 |
| fertilizer that have been sold to the consumer. | 19607 |
| (2) In the case of a fertilizer that contains a quantity of | 19608 |
| nitrogen, phosphorus, or potash that is more than five percentage | 19609 |
| points below the percentages guaranteed on the label, the | 19610 |
| penalties calculated under division (A)(1) of this section shall | 19611 |
| be tripled. | 19612 |
| (3) No penalty calculated under division (A) of this section | 19613 |
| shall be less than twenty-five dollars. | 19614 |
| (B) A penalty required to be paid under this section may be | 19615 |
| calculated by multiplying the market value of one unit of the | 19616 |
| mislabeled fertilizer by the number of units of the mislabeled | 19617 |
| fertilizer that have been sold to the consumer. | 19618 |
| (C) Upon making a determination under this section that a | 19619 |
| person has mislabeled fertilizer or mixed fertilizer, the director | 19620 |
| shall determine the parties to whom the penalty imposed by this | 19621 |
| section is required to be paid and, in accordance with division | 19622 |
| (A) or (B) of this section, as applicable, shall calculate the | 19623 |
| amount of the penalty required to be paid to each such party. | 19624 |
| After completing those determinations and calculations, the | 19625 |
| director shall issue to the person who allegedly mislabeled the | 19626 |
| fertilizer or mixed fertilizer a notice of violation. The notice | 19627 |
| shall be accompanied by an order requiring, and specifying the | 19628 |
| manner of, payment of the penalty imposed by this section to the | 19629 |
| parties in the amounts set forth in the determinations and | 19630 |
| calculations required by this division. The order shall be issued | 19631 |
| in accordance with Chapter 119. of the Revised Code. | 19632 |
| No person shall violate a term or condition of an order | 19633 |
| issued under this division. | 19634 |
| Sec. 905.51. As used in sections 905.51 to | 19635 |
| the Revised Code: | 19636 |
| (A) "Liming material" means all materials, the calcium and | 19637 |
| magnesium content of which is used to neutralize soil acidity, and | 19638 |
| includes the oxide, hydrate, carbonate, and silicate forms, as | 19639 |
| defined by rule, or combinations of those forms. "Liming material" | 19640 |
| includes materials such as the following: | 19641 |
| (1) Limestone; | 19642 |
| (2) Hydrated lime; | 19643 |
| (3) Burnt lime; | 19644 |
| (4) Industrial by-product; | 19645 |
| (5) Marl and shell. | 19646 |
| (B) "Bulk" means in a nonpackaged form. | 19647 |
| (C) "Label" means any written or printed matter on the | 19648 |
| package, or tag attached thereto. | 19649 |
| (D) "Manufacture" means to process, crush, grind, pelletize, | 19650 |
| or blend. | 19651 |
| (E) "Person" means any partnership, association, firm, or | 19652 |
| corporation, company, society, individual or combination of | 19653 |
| individuals, institution, park, or public agency administered by | 19654 |
| the state or any subdivision of the state. | 19655 |
| (F) "Product name" means a coined or specific designation | 19656 |
| applied to an individual liming material. | 19657 |
| (G) "Sale" means an exchange or offer to exchange ownership, | 19658 |
| or a transfer or offer to transfer custody. | 19659 |
| (H) "Ton" means a net weight of two thousand pounds. | 19660 |
| (I) "Metric ton" means a measure of weight equal to one | 19661 |
| thousand kilograms. | 19662 |
| (J) "Pelletized lime" means a finely ground limestone product | 19663 |
| or manufactured material that is held together in a granulated | 19664 |
| form by a water soluble binding agent and that is capable of | 19665 |
| neutralizing soil acidity. | 19666 |
| (K) "Water treatment lime sludge" means lime sludge generated | 19667 |
| during the process of treating water supplies having levels of | 19668 |
| heavy metals at or below the levels permitted in standards adopted | 19669 |
| by the director of environmental protection governing the land | 19670 |
| application of lime sludge so generated. | 19671 |
| (L) "Distribute" means to offer for sale, sell, barter, or | 19672 |
| otherwise supply liming material in this state. | 19673 |
| (M) "Official sample" means any sample of liming material | 19674 |
| taken and designated as "official" by the director of agriculture | 19675 |
| or the director's designee. | 19676 |
| (N) "Effective neutralizing power" means the neutralizing | 19677 |
| value of liming material based on the total neutralizing power and | 19678 |
| fineness that is expressed as a dry weight percentage. | 19679 |
| (O) "Fineness index" means the percentage by weight of a | 19680 |
| liming material that will pass designated sieves, calculated to | 19681 |
| account for particle size distribution by adding the amounts | 19682 |
| arrived at under divisions (O)(1), (2), and (3) of this section as | 19683 |
| follows: | 19684 |
| (1) Two-tenths multiplied by the percentage of material | 19685 |
| passing a number eight United States standard sieve minus the | 19686 |
| percentage of material passing a number twenty United States | 19687 |
| standard sieve. | 19688 |
| (2) Six-tenths multiplied by the percentage of material | 19689 |
| passing a number twenty United States standard sieve minus the | 19690 |
| percentage of material passing a number sixty United States | 19691 |
| standard sieve. | 19692 |
| (3) One multiplied by the percentage of material passing a | 19693 |
| number sixty United States standard sieve. | 19694 |
| Sec. 905.52. (A) Except as provided in section 905.53 of the | 19695 |
| Revised Code, no person shall manufacture, sell, or distribute in | 19696 |
| this state liming material without a license to do so issued by | 19697 |
| the department of agriculture. | 19698 |
| (B) Each such license expires on the thirty-first day of | 19699 |
| December of each year and shall be renewed according to the | 19700 |
| standard renewal procedure of sections 4745.01 to 4745.03 of the | 19701 |
| Revised Code. | 19702 |
| (C) Each application for issuance or renewal of such a | 19703 |
| license shall: | 19704 |
| (1) Include the name and address of the applicant and the | 19705 |
| name and address of each bulk distribution point from which the | 19706 |
| applicant's liming material will be distributed in this state; | 19707 |
| (2) Be accompanied by a license fee of fifty dollars: | 19708 |
| (a) For each location at which liming material is | 19709 |
| manufactured in this state; | 19710 |
| (b) For each location out of the state from which liming | 19711 |
| material is distributed or sold in this state to nonlicensees. | 19712 |
| (3) Be accompanied by a label for each product name and | 19713 |
| grade. | 19714 |
| (D) The name and address of the applicant shown on the | 19715 |
| application shall be shown on all labels, pertinent invoices, and | 19716 |
| bulk storage for liming material distributed or sold by the | 19717 |
| licensee in this state. | 19718 |
| (E) The licensee shall inform the department in writing of | 19719 |
| additional distribution points established during the period of | 19720 |
| the license. | 19721 |
| (F) All money collected under this section shall be credited | 19722 |
| to the pesticide, fertilizer, and lime program fund created in | 19723 |
| section 921.22 of the Revised Code. | 19724 |
| Sec. 905.56. (A) Each licensee shall file with the | 19725 |
| department of agriculture an annual tonnage report that includes | 19726 |
| the number of net tons of liming material sold or distributed to a | 19727 |
| non-licensee in this state, by county, by oxide and hydrate forms, | 19728 |
| and by grade as defined in section 905.54 of the Revised Code, | 19729 |
| within forty days after the thirty-first day of December of each | 19730 |
| calendar year. The inspection fee at the rate stated in division | 19731 |
| (B) of this section shall accompany this report. | 19732 |
| (B) Each licensee who sells or distributes more than | 19733 |
| twenty-five hundred tons of agricultural liming material in this | 19734 |
| state shall pay to the department an inspection fee. The | 19735 |
| inspection fee is one fourth of one cent for each ton in excess of | 19736 |
| twenty-five hundred tons, as reported in the tonnage report | 19737 |
| required by division (A) of this section. The maximum inspection | 19738 |
| fee is three hundred dollars. | 19739 |
| (C) If a tonnage report is not filed, or if the inspection | 19740 |
| fee is not paid within ten days after the due date, a penalty of | 19741 |
| ten per cent of the amount due, with a minimum penalty of ten | 19742 |
| dollars, shall be assessed against the licensee. The amount of fee | 19743 |
| due, plus penalty, shall constitute a debt and shall become the | 19744 |
| basis of a judgment against the licensee. Such remedy is in | 19745 |
| addition to the remedy provided in section 905.62 of the Revised | 19746 |
| Code. | 19747 |
| (D) The director of agriculture may inspect the inventories, | 19748 |
| books, and records of any licensee in order to verify a tonnage | 19749 |
| report. If the director finds that a tonnage report is erroneous, | 19750 |
| the director may adjust the inspection fee, may assess any balance | 19751 |
| due against the licensee, and may impose a penalty not to exceed | 19752 |
| ten per cent of the balance due, or may refund any overpayment. | 19753 |
| (E) All money collected under this section shall be credited | 19754 |
| to the pesticide, fertilizer, and lime program fund created in | 19755 |
| section 921.22 of the Revised Code. | 19756 |
| Sec. 907.13. No person shall label agricultural, vegetable, | 19757 |
| or flower seed that is intended for sale in this state unless the | 19758 |
| person holds a valid seed labeler permit that has been issued by | 19759 |
| the director of agriculture in accordance with this section. | 19760 |
| A person who wishes to obtain a seed labeler permit shall | 19761 |
| file an application with the director on a form that the director | 19762 |
| provides and shall submit a permit fee in the amount of ten | 19763 |
| dollars. Such a person who labels seed under more than one name or | 19764 |
| at more than one address shall obtain a separate seed labeler | 19765 |
| permit and pay a separate permit fee for each name and address. | 19766 |
| The applicant shall include the applicant's full name and | 19767 |
| address on the application together with any additional | 19768 |
| information that the director requires by rules adopted under | 19769 |
| section 907.10 of the Revised Code. If the applicant's address is | 19770 |
| not within this state or it does not represent a location in this | 19771 |
| state where the director can collect samples of the applicant's | 19772 |
| seed for analysis, then the applicant shall include on the | 19773 |
| application an address within this state where samples of the | 19774 |
| applicant's seed may be collected for those purposes or shall | 19775 |
| agree to provide the director or the director's authorized | 19776 |
| representative with seeds for sampling upon request. | 19777 |
| Upon receipt of a complete application accompanied by the | 19778 |
| ten-dollar permit fee, the director shall issue a seed labeler's | 19779 |
| permit to the applicant. All seed labeler permits that are issued | 19780 |
| under this section shall expire on the thirty-first day of | 19781 |
| December of each year regardless of the date on which a permit was | 19782 |
| issued during that year. | 19783 |
| Each person who obtains a seed labeler permit shall label the | 19784 |
| seed that the person intends for sale in this state in accordance | 19785 |
| with the requirements established in sections 907.01 to 907.17 of | 19786 |
| the Revised Code. Each person who holds a valid seed labeler | 19787 |
| permit shall keep the permit posted in a conspicuous place in the | 19788 |
| principal seed room from which the person sells seed and shall | 19789 |
| comply with the reporting and fee requirements that are | 19790 |
| established in section 907.14 of the Revised Code. | 19791 |
| All money collected under this section shall be credited to | 19792 |
| the commercial feed and seed fund created in section 923.46 of the | 19793 |
| Revised Code. | 19794 |
| Sec. 907.14. (A) A person who holds a valid seed labeler | 19795 |
| permit issued under section 907.13 of the Revised Code shall | 19796 |
| report to the director of agriculture concerning the amount of | 19797 |
| seed that the person sells in this state. The report shall be made | 19798 |
| semiannually on a form that the director prescribes and provides. | 19799 |
| One semiannual report shall be filed with the director prior to | 19800 |
| the first day of February of each year with respect to all sales | 19801 |
| that the person made during the period from the first day of July | 19802 |
| to the thirty-first day of December of the preceding year. The | 19803 |
| second semiannual report shall be filed prior to the first day of | 19804 |
| August of each year with respect to all sales that the person made | 19805 |
| during the period from the first day of January to the thirtieth | 19806 |
| day of June of that year. | 19807 |
| (B) A person who holds a valid seed labeler permit shall | 19808 |
| include with each semiannual report a seed fee based on the amount | 19809 |
| of the seed that the person sold during that reporting period as | 19810 |
| follows: | 19811 |
| (1) For soybeans and small grains, including barley, oats, | 19812 |
| rye, wheat, triticale, and spelt, four cents per one hundred | 19813 |
| pounds; | 19814 |
| (2) For corn and grain sorghum, five cents per one hundred | 19815 |
| pounds; | 19816 |
| (3)(a) For any of the following seed sold at wholesale or | 19817 |
| retail or on consignment or commission, two per cent of the | 19818 |
| wholesale value of the containers of seed or, if the seed is not | 19819 |
| sold wholesale, two per cent of the retail value of the containers | 19820 |
| of seed: | 19821 |
| (i) Vegetable and flower seed sold in containers, other than | 19822 |
| hermetically sealed containers, of eight ounces or less; | 19823 |
| (ii) Flower seed sold in hermetically sealed containers that | 19824 |
| contain fewer than three hundred seeds; | 19825 |
| (iii) Vegetable seed sold in hermetically sealed containers | 19826 |
| that contain fewer than one thousand seeds. | 19827 |
| (b) The fees established pursuant to divisions (B)(3)(a)(ii) | 19828 |
| and (iii) of this section apply to both of the following: | 19829 |
| (i) Seed sold in hermetically sealed containers that contain | 19830 |
| the amount of seeds specified in division (B)(3)(a)(ii) or (iii) | 19831 |
| of this section, as applicable; | 19832 |
| (ii) Seed sold in hermetically sealed containers that do not | 19833 |
| clearly state the number of seeds that they contain. | 19834 |
| (c) Except as otherwise provided in division (B)(3)(b)(ii) of | 19835 |
| this section, if the weight of seed in a container, or the | 19836 |
| quantity of seed in a container, exceeds the applicable weight or | 19837 |
| quantity specified in division (B)(3)(a)(i), (ii), or (iii) of | 19838 |
| this section, the fee established in division (B)(4) of this | 19839 |
| section applies. | 19840 |
| (4) For alfalfa, clover, grass, native grass, mixtures | 19841 |
| containing any of these, and all agricultural, vegetable, and | 19842 |
| flower seeds not specified in divisions (B)(1) to (3) of this | 19843 |
| section, ten cents per one hundred pounds. | 19844 |
| If the total amount of the seed fee that is due is less than | 19845 |
| five dollars, the person shall pay the minimum seed fee, which is | 19846 |
| five dollars. | 19847 |
| (C) For each failure to report in full the amount of seed | 19848 |
| sold or to submit the required seed fees in full by the due date, | 19849 |
| a person who holds a valid seed labeler permit shall pay a penalty | 19850 |
| of ten per cent of the amount due or fifty dollars, whichever is | 19851 |
| greater. Failure to pay either the fee or the penalty within | 19852 |
| thirty days after the due date is cause for suspension or | 19853 |
| revocation by the director of the seed labeler permit or refusal, | 19854 |
| without a hearing, to issue a subsequent seed labeler permit for | 19855 |
| which the person applies. | 19856 |
| (D) This section does not apply to governmental entities that | 19857 |
| donate seed for conservation purposes. | 19858 |
| (E) All money collected under this section shall be credited | 19859 |
| to the commercial feed and seed fund created in section 923.46 of | 19860 |
| the Revised Code. | 19861 |
| Sec. 907.30. (A) No person shall apply legume inoculants to | 19862 |
|
seed for sale in | 19863 |
|
order
unless | 19864 |
| director of agriculture a legume inoculator's license for each | 19865 |
| such place of business where seed is inoculated. Application for | 19866 |
| such a license shall be made on a form obtainable from the | 19867 |
|
director and shall be accompanied by a
fee of five dollars. | 19868 |
| The application shall include the name of the brand, or brands of | 19869 |
| legume inoculant to be used together with the name of the | 19870 |
| manufacturer, and the name of the process or technique used to | 19871 |
| apply the inoculant to the seed. All such licenses shall expire | 19872 |
| each year on the thirty-first day of January and shall be renewed | 19873 |
| according to the standard renewal procedure of sections 4745.01 to | 19874 |
|
4745.03 | 19875 |
| (B) The legume inoculator shall keep for a period of eighteen | 19876 |
|
months | 19877 |
| the source and lot number of the inoculant material used, the rate | 19878 |
| and date of application, and the lot identity by owner and lot | 19879 |
| number, if any, of the seed to which the material was applied. | 19880 |
| (C) All money collected under this section shall be credited | 19881 |
| to the commercial feed and seed fund created in section 923.46 of | 19882 |
| the Revised Code. | 19883 |
| Sec. 907.31. Any person who submits an application for the | 19884 |
| registration of a brand of legume inoculant shall pay annually, | 19885 |
| prior to the first day of January, a registration and inspection | 19886 |
| fee in the amount of fifty dollars per brand. | 19887 |
| The registration shall be renewed according to the standard | 19888 |
| renewal procedure established in Chapter 4745. of the Revised | 19889 |
| Code. | 19890 |
| All money collected under this section shall be credited to | 19891 |
| the commercial feed and seed fund created in section 923.46 of the | 19892 |
| Revised Code. | 19893 |
| Sec. 915.24. (A) There is hereby created in the state | 19894 |
| treasury the food safety fund. All of the following moneys shall | 19895 |
| be credited to the fund: | 19896 |
| (1) Bakery registration fees and fines received under | 19897 |
| sections 911.02 to 911.20 of the Revised Code; | 19898 |
| (2) Cannery license fees and renewal fees received under | 19899 |
| sections 913.01 to 913.05 of the Revised Code; | 19900 |
| (3) Moneys received under sections 913.22 to 913.28 of the | 19901 |
| Revised Code; | 19902 |
| (4) License fees, fines, and penalties recovered for the | 19903 |
| violation of sections 915.01 to 915.12 of the Revised Code; | 19904 |
| (5) License fees collected under sections 915.14 to 915.23 of | 19905 |
| the Revised Code; | 19906 |
| (6) | 19907 |
| 19908 | |
| 19909 |
| | 19910 |
| for the issuance of certificates of health and freesale. | 19911 |
| (B) The director of agriculture shall use the moneys | 19912 |
| deposited into the food safety fund to administer and enforce the | 19913 |
| laws pursuant to which the moneys were collected. | 19914 |
| Sec. 921.02. (A) No person shall distribute a pesticide | 19915 |
| within this state unless the pesticide is registered with the | 19916 |
| director of agriculture under this chapter. Registrations shall be | 19917 |
| issued for a period of time established by rule and shall be | 19918 |
| renewed in accordance with deadlines established by rule. | 19919 |
| Registration is not required if a pesticide is shipped from one | 19920 |
| plant or warehouse to another plant or warehouse operated by the | 19921 |
| same person and used solely at that plant or warehouse as a | 19922 |
| constituent part to make a pesticide that is registered under this | 19923 |
| chapter, or if the pesticide is distributed under the provisions | 19924 |
| of an experimental use permit issued under section 921.03 of the | 19925 |
| Revised Code or an experimental use permit issued by the United | 19926 |
| States environmental protection agency. | 19927 |
| (B) The applicant for registration of a pesticide shall file | 19928 |
| a statement with the director on a form provided by the director, | 19929 |
| which shall include all of the following: | 19930 |
| (1) The name and address of the applicant and the name and | 19931 |
| address of the person whose name will appear on the label, if | 19932 |
| other than the applicant's name; | 19933 |
| (2) The brand and product name of the pesticide; | 19934 |
| (3) Any necessary information required for completion of the | 19935 |
| department of agriculture's application for registration, | 19936 |
| including the agency registration number; | 19937 |
| (4) A complete copy of the labeling accompanying the | 19938 |
| pesticide and a statement of all claims to be made for it, | 19939 |
| including the directions for use and the use classification as | 19940 |
| provided for in the federal act. | 19941 |
| (C) The director, when the director considers it necessary in | 19942 |
| the administration of this chapter, may require the submission of | 19943 |
| the complete formula of any pesticide including the active and | 19944 |
| inert ingredients. | 19945 |
| (D) The director may require a full description of the tests | 19946 |
| made and the results thereof upon which the claims are based for | 19947 |
| any pesticide. The director shall not consider any data submitted | 19948 |
| in support of an application, without permission of the applicant, | 19949 |
| in support of any other application for registration unless the | 19950 |
| other applicant first has offered to pay reasonable compensation | 19951 |
| for producing the test data to be relied upon and the data are not | 19952 |
| protected from disclosure by section 921.04 of the Revised Code. | 19953 |
| In the case of a renewal of registration, a statement shall be | 19954 |
| required only with respect to information that is different from | 19955 |
| that furnished when the pesticide was registered or last | 19956 |
| registered. | 19957 |
| (E) The director may require any other information to be | 19958 |
| submitted with an application. | 19959 |
| Any applicant may designate any portion of the required | 19960 |
| registration information as a trade secret or confidential | 19961 |
| business information. Upon receipt of any required registration | 19962 |
| information designated as a trade secret or confidential business | 19963 |
| information, the director shall consider the designated | 19964 |
| information as confidential and shall not reveal or cause to be | 19965 |
| revealed any such designated information without the consent of | 19966 |
| the applicants, except to persons directly involved in the | 19967 |
| registration process described in this section or as required by | 19968 |
| law. | 19969 |
| (F) Beginning January 1, 2007, each applicant shall pay a | 19970 |
| registration and inspection fee of one hundred fifty dollars for | 19971 |
| each product name and brand registered for the company whose name | 19972 |
| appears on the label. If an applicant files for a renewal of | 19973 |
| registration after the deadline established by rule, the applicant | 19974 |
| shall pay a penalty fee of seventy-five dollars for each product | 19975 |
| name and brand registered for the applicant. The penalty fee shall | 19976 |
| be added to the original fee and paid before the renewal | 19977 |
| registration is issued. In addition to any other remedy available | 19978 |
| under this chapter, if a pesticide that is not registered pursuant | 19979 |
| to this section is distributed within this state, the person | 19980 |
| required to register the pesticide shall do so and shall pay a | 19981 |
| penalty fee of seventy-five dollars for each product name and | 19982 |
| brand registered for the applicant. The penalty fee shall be added | 19983 |
| to the original fee of one hundred fifty dollars and paid before | 19984 |
| the registration is issued. | 19985 |
| (G) Provided that the state is authorized by the | 19986 |
| administrator of the United States environmental protection agency | 19987 |
| to register pesticides to meet special local needs, the director | 19988 |
| shall require the information set forth under divisions (B), (C), | 19989 |
| (D), and (E) of this section and shall register any such pesticide | 19990 |
| after determining that all of the following conditions are met: | 19991 |
| (1) Its composition is such as to warrant the proposed claims | 19992 |
| for it. | 19993 |
| (2) Its labeling and other material required to be submitted | 19994 |
| comply with the requirements of the federal act and of this | 19995 |
| chapter, and rules adopted thereunder. | 19996 |
| (3) It will perform its intended function without | 19997 |
| unreasonable adverse effects on the environment. | 19998 |
| (4) When used in accordance with widespread and commonly | 19999 |
| recognized practice, it will not generally cause unreasonable | 20000 |
| adverse effects on the environment. | 20001 |
| (5) The classification for general or restricted use is in | 20002 |
| conformity with the federal act. | 20003 |
| The director shall not make any lack of essentiality a | 20004 |
| criterion for denying the registration of any pesticide. When two | 20005 |
| pesticides meet the requirements of division (G) of this section, | 20006 |
| the director shall not register one in preference to the other. | 20007 |
| (H)(1) The director may refuse to register a pesticide if the | 20008 |
| application for registration fails to comply with this section. | 20009 |
| (2) The director may suspend or revoke a pesticide | 20010 |
| registration after a hearing in accordance with Chapter 119. of | 20011 |
| the Revised Code for a pesticide that fails to meet the claims | 20012 |
| made for it on its label. | 20013 |
| (3) The director may immediately suspend a pesticide | 20014 |
| registration, prior to a hearing, when the director believes that | 20015 |
| the pesticide poses an immediate hazard to human or animal health | 20016 |
| or a hazard to the environment. Not later than fifteen days after | 20017 |
| suspending the registration, the director shall determine whether | 20018 |
| the pesticide poses such a hazard. If the director determines that | 20019 |
| no hazard exists, the director shall lift the suspension of the | 20020 |
| registration. If the director determines that a hazard exists, the | 20021 |
| director shall revoke the registration in accordance with Chapter | 20022 |
| 119. of the Revised Code. | 20023 |
| (I) All money collected under this section shall be credited | 20024 |
| to the pesticide, fertilizer, and lime program fund created in | 20025 |
| section 921.22 of the Revised Code. | 20026 |
| Sec. 921.06. (A)(1) No individual shall do any of the | 20027 |
| following without having a commercial applicator license issued by | 20028 |
| the director of agriculture: | 20029 |
| (a) Apply pesticides for a pesticide business without direct | 20030 |
| supervision; | 20031 |
| (b) Apply pesticides as part of the individual's duties while | 20032 |
| acting as an employee of the United States government, a state, | 20033 |
| county, township, or municipal corporation, or a park district, | 20034 |
| port authority, or sanitary district created under Chapter 1545., | 20035 |
| 4582., or 6115. of the Revised Code, respectively; | 20036 |
| (c) Apply restricted use pesticides. Division (A)(1)(c) of | 20037 |
| this section does not apply to a private applicator or an | 20038 |
| immediate family member or a subordinate employee of a private | 20039 |
| applicator who is acting under the direct supervision of that | 20040 |
| private applicator. | 20041 |
| (d) If the individual is the owner of a business other than a | 20042 |
| pesticide business or an employee of such an owner, apply | 20043 |
| pesticides at any of the following publicly accessible sites that | 20044 |
| are located on the property: | 20045 |
| (i) Food service operations that are licensed under Chapter | 20046 |
| 3717. of the Revised Code; | 20047 |
| (ii) Retail food establishments that are licensed under | 20048 |
| Chapter 3717. of the Revised Code; | 20049 |
| (iii) Golf courses; | 20050 |
| (iv) Rental properties of more than four apartment units at | 20051 |
| one location; | 20052 |
| (v) Hospitals or medical facilities as defined in section | 20053 |
| 3701.01 of the Revised Code; | 20054 |
| (vi) Child day-care centers or school child day-care centers | 20055 |
| as defined in section 5104.01 of the Revised Code; | 20056 |
| (vii) Facilities owned or operated by a school district | 20057 |
| established under Chapter 3311. of the Revised Code, including an | 20058 |
| education service center, a community school established under | 20059 |
| Chapter 3314. of the Revised Code, or a chartered or nonchartered | 20060 |
| nonpublic school that meets minimum standards established by the | 20061 |
| state board of education; | 20062 |
| (viii) Colleges as defined in section 3365.01 of the Revised | 20063 |
| Code; | 20064 |
| (ix) Food processing establishments as defined in section | 20065 |
| 3715.021 of the Revised Code; | 20066 |
| (x) Any other site designated by rule. | 20067 |
| (e) Conduct authorized diagnostic inspections. | 20068 |
| (2) Divisions (A)(1)(a) to (d) of this section do not apply | 20069 |
| to an individual who is acting as a trained serviceperson under | 20070 |
| the direct supervision of a commercial applicator. | 20071 |
| (3) Licenses shall be issued for a period of time established | 20072 |
| by rule and shall be renewed in accordance with deadlines | 20073 |
| established by rule. The fee for each such license shall be | 20074 |
| established by rule. If a license is not issued or renewed, the | 20075 |
| application fee shall be retained by the state as payment for the | 20076 |
| reasonable expense of processing the application. The director | 20077 |
| shall by rule classify by pesticide-use category licenses to be | 20078 |
| issued under this section. A single license may include more than | 20079 |
| one pesticide-use category. No individual shall be required to pay | 20080 |
| an additional license fee if the individual is licensed for more | 20081 |
| than one category. | 20082 |
| The fee for each license or renewal does not apply to an | 20083 |
| applicant who is an employee of the department of agriculture | 20084 |
| whose job duties require licensure as a commercial applicator as a | 20085 |
| condition of employment. | 20086 |
| (B) Application for a commercial applicator license shall be | 20087 |
| made on a form prescribed by the director. Each application for a | 20088 |
| license shall state the pesticide-use category or categories of | 20089 |
| license for which the applicant is applying and other information | 20090 |
| that the director determines essential to the administration of | 20091 |
| this chapter. | 20092 |
| (C) If the director finds that the applicant is competent to | 20093 |
| apply pesticides and conduct diagnostic inspections and that the | 20094 |
| applicant has passed both the general examination and each | 20095 |
| applicable pesticide-use category examination as required under | 20096 |
| division (A) of section 921.12 of the Revised Code, the director | 20097 |
| shall issue a commercial applicator license limited to the | 20098 |
| pesticide-use category or categories for which the applicant is | 20099 |
| found to be competent. If the director rejects an application, the | 20100 |
| director may explain why the application was rejected, describe | 20101 |
| the additional requirements necessary for the applicant to obtain | 20102 |
| a license, and return the application. The applicant may resubmit | 20103 |
| the application without payment of any additional fee. | 20104 |
| (D)(1) A person who is a commercial applicator shall be | 20105 |
| deemed to hold a private applicator's license for purposes of | 20106 |
| applying pesticides on agricultural commodities that are produced | 20107 |
| by the commercial applicator. | 20108 |
| (2) A commercial applicator shall apply pesticides only in | 20109 |
| the pesticide-use category or categories in which the applicator | 20110 |
| is licensed under this chapter. | 20111 |
| (E) All money collected under this section shall be credited | 20112 |
| to the pesticide, fertilizer, and lime program fund created in | 20113 |
| section 921.22 of the Revised Code. | 20114 |
| Sec. 921.09. (A)(1) No person shall own or operate a | 20115 |
| pesticide business without obtaining a license from the director | 20116 |
| of agriculture. Licenses shall be issued for a period of time | 20117 |
| established by rule and shall be renewed in accordance with | 20118 |
| deadlines established by rule. | 20119 |
| (2) A person applying for a pesticide business license shall | 20120 |
| register each location that is owned by the person and used for | 20121 |
| the purpose of engaging in the pesticide business. | 20122 |
| (B) Any person who owns or operates a pesticide business | 20123 |
| outside of this state, but engages in the business of applying | 20124 |
| pesticides to properties of another for hire in this state, shall | 20125 |
| obtain a license for the person's principal out-of-state location | 20126 |
| from the director. In addition, the person shall register each | 20127 |
| location that is owned by the person in this state and used for | 20128 |
| the purpose of engaging in the pesticide business. | 20129 |
| (C)(1) The person applying for a pesticide business license | 20130 |
| shall file a statement with the director, on a form provided by | 20131 |
| the director, that shall include all of the following: | 20132 |
| (a) The address of the principal place of business of the | 20133 |
| pesticide business; | 20134 |
| (b) The address of each location that the person intends to | 20135 |
| register under division (A)(2) or (B) of this section; | 20136 |
| (c) Any other information that the director determines | 20137 |
| necessary and that the director requires by rule. | 20138 |
| (2) Each applicant shall pay a license fee established by | 20139 |
| rule for the pesticide business plus an additional fee established | 20140 |
| by rule for each pesticide business registered location specified | 20141 |
| in the application. The license may be renewed upon payment of a | 20142 |
| renewal fee established by rule plus an additional fee established | 20143 |
| by rule for each pesticide business registered location. A copy of | 20144 |
| the license shall be maintained and conspicuously displayed at | 20145 |
| each such location. | 20146 |
| (3) The issuance of a pesticide business license constitutes | 20147 |
| registration of any pesticide business location identified in the | 20148 |
| application under division (C)(1) of this section. | 20149 |
| (4) The owner or operator of a pesticide business shall | 20150 |
| notify the director not later than fifteen days after any change | 20151 |
| occurs in the information required under division (C)(1)(a) or (b) | 20152 |
| of this section. | 20153 |
| (D) The owner or operator of a pesticide business shall | 20154 |
| employ at least one commercial applicator for each pesticide | 20155 |
| business registered location the owner or operator owns or | 20156 |
| operates. | 20157 |
| (E) The owner or operator of a pesticide business is | 20158 |
| responsible for the acts of each employee in the handling, | 20159 |
| application, and use of pesticides and in the conducting of | 20160 |
| diagnostic inspections. The pesticide business license is subject | 20161 |
| to denial, modification, suspension, or revocation after a hearing | 20162 |
| for any violation of this chapter or any rule adopted or order | 20163 |
| issued under it. The director may levy against the owner or | 20164 |
| operator any civil penalties authorized by division (B) of section | 20165 |
| 921.16 of the Revised Code for any violation of this chapter or | 20166 |
| any rule adopted or order issued under it that is committed by the | 20167 |
| owner or operator or by the owner's or operator's officer, | 20168 |
| employee, or agent. | 20169 |
| (F) The director may modify a license issued under this | 20170 |
| section by one of the following methods: | 20171 |
| (1) Revoking a licensee's authority to operate out of a | 20172 |
| particular pesticide business registered location listed under | 20173 |
| division (C)(1)(b) of this section; | 20174 |
| (2) Preventing a licensee from operating within a specific | 20175 |
| pesticide-use category. | 20176 |
| (G) The director may deny a pesticide business license to any | 20177 |
| person whose pesticide business license has been revoked within | 20178 |
| the previous thirty-six months. | 20179 |
| (H) Each pesticide business registered location that is owned | 20180 |
| by a pesticide business is subject to inspection by the director. | 20181 |
| (I) All money collected under this section shall be credited | 20182 |
| to the pesticide, fertilizer, and lime program fund created in | 20183 |
| section 921.22 of the Revised Code. | 20184 |
| Sec. 921.11. (A)(1) No individual shall apply restricted use | 20185 |
| pesticides unless the individual is one of the following: | 20186 |
| (a) Licensed under section 921.06 of the Revised Code; | 20187 |
| (b) Licensed under division (B) of this section; | 20188 |
| (c) A trained serviceperson who is acting under the direct | 20189 |
| supervision of a commercial applicator; | 20190 |
| (d) An immediate family member or a subordinate employee of a | 20191 |
| private applicator who is acting under the direct supervision of | 20192 |
| that private applicator. | 20193 |
| (2) No individual shall directly supervise the application of | 20194 |
| a restricted use pesticide unless the individual is one of the | 20195 |
| following: | 20196 |
| (a) Licensed under section 921.06 of the Revised Code; | 20197 |
| (b) Licensed under division (B) of this section. | 20198 |
| (B) The director of agriculture shall adopt rules to | 20199 |
| establish standards and procedures for the licensure of private | 20200 |
| applicators. An individual shall apply for a private applicator | 20201 |
| license to the director, on forms prescribed by the director. The | 20202 |
| individual shall include in the application the pesticide-use | 20203 |
| category or categories of the license for which the individual is | 20204 |
| applying and any other information that the director determines is | 20205 |
| essential to the administration of this chapter. The fee for each | 20206 |
| license shall be established by rule. Licenses shall be issued for | 20207 |
| a period of time established by rule and shall be renewed in | 20208 |
| accordance with deadlines established by rule. If a license is not | 20209 |
| issued or renewed, the state shall retain any fee submitted as | 20210 |
| payment for reasonable expenses of processing the application. | 20211 |
| (C) An individual who is licensed under this section shall | 20212 |
| use or directly supervise the use of a restricted use pesticide | 20213 |
| only for the purpose of producing agricultural commodities on | 20214 |
| property that is owned or rented by the individual or the | 20215 |
| individual's employer. | 20216 |
| (D) All money collected under this section shall be credited | 20217 |
| to the pesticide, fertilizer, and lime program fund created in | 20218 |
| section 921.22 of the Revised Code. | 20219 |
| Sec. 921.13. (A) Any person who is acting in the capacity of | 20220 |
| a pesticide dealer or who advertises or assumes to act as a | 20221 |
| pesticide dealer at any time shall obtain a pesticide dealer | 20222 |
| license from the director of agriculture. Licenses shall be | 20223 |
| issued for a period of time established by rule and shall be | 20224 |
| renewed in accordance with deadlines established by rule. A | 20225 |
| license is required for each location or outlet within this state | 20226 |
| from which the person distributes pesticides. | 20227 |
| Any pesticide dealer who has no pesticide dealer outlets in | 20228 |
| this state and who distributes restricted use pesticides directly | 20229 |
| into this state shall obtain a pesticide dealer license from the | 20230 |
| director for the pesticide dealer's principal out-of-state | 20231 |
| location or outlet and for each sales person operating in the | 20232 |
| state. | 20233 |
| The applicant shall include a license fee established by rule | 20234 |
| with the application for a license. The application shall be made | 20235 |
| on a form prescribed by the director. | 20236 |
| Each pesticide dealer shall submit records to the director of | 20237 |
| all of the restricted use pesticides the pesticide dealer has | 20238 |
| distributed, as specified by the director, and duplicate records | 20239 |
| shall be retained by the pesticide dealer for a period of time | 20240 |
| established by rules. | 20241 |
| (B) This section does not apply to any federal, state, | 20242 |
| county, or municipal agency that provides pesticides for its own | 20243 |
| programs. | 20244 |
| (C) Each licensed pesticide dealer is responsible for the | 20245 |
| acts of each employee in the solicitation and sale of pesticides | 20246 |
| and all claims and recommendations for use of pesticides. The | 20247 |
| pesticide dealer's license is subject to denial, suspension, or | 20248 |
| revocation after a hearing for any violation of this chapter | 20249 |
| whether committed by the pesticide dealer or by the pesticide | 20250 |
| dealer's officer, agent, or employee. | 20251 |
| (D) All money collected under this section shall be credited | 20252 |
| to the pesticide, fertilizer, and lime program fund created in | 20253 |
| section 921.22 of the Revised Code. | 20254 |
| Sec. 921.16. (A) The director of agriculture shall adopt | 20255 |
| rules the director determines necessary for the effective | 20256 |
| enforcement and administration of this chapter. The rules may | 20257 |
| relate to, but are not limited to, the time, place, manner, and | 20258 |
| methods of application, materials, and amounts and concentrations | 20259 |
| of application of pesticides, may restrict or prohibit the use of | 20260 |
| pesticides in designated areas during specified periods of time, | 20261 |
| and shall encompass all reasonable factors that the director | 20262 |
| determines necessary to minimize or prevent damage to the | 20263 |
| environment. In addition, the rules shall establish the deadlines | 20264 |
| and time periods for registration, registration renewal, late | 20265 |
| registration renewal, and failure to register under section 921.02 | 20266 |
| of the Revised Code; the fees for registration, registration | 20267 |
| renewal, late registration renewal, and failure to register under | 20268 |
| section 921.02 of the Revised Code that shall apply until the fees | 20269 |
| that are established under that section take effect on January 1, | 20270 |
| 2007; and the fees, deadlines, and time periods for licensure and | 20271 |
| license renewal under sections 921.06, 921.09, 921.11, and 921.13 | 20272 |
| of the Revised Code. | 20273 |
| (B) The director shall adopt rules that establish a schedule | 20274 |
| of civil penalties for violations of this chapter, or any rule or | 20275 |
| order adopted or issued under it, provided that the civil penalty | 20276 |
| for a first violation shall not exceed five thousand dollars and | 20277 |
| the civil penalty for each subsequent violation shall not exceed | 20278 |
| ten thousand dollars. In determining the amount of a civil penalty | 20279 |
| for a violation, the director shall consider factors relevant to | 20280 |
| the severity of the violation, including past violations and the | 20281 |
| amount of actual or potential damage to the environment or to | 20282 |
| human beings. All money collected under this division shall be | 20283 |
| credited to the pesticide, fertilizer, and lime program fund | 20284 |
| created in section 921.22 of the Revised Code. | 20285 |
| (C) The director shall adopt rules that set forth the | 20286 |
| conditions under which the director: | 20287 |
| (1) Requires that notice or posting be given of a proposed | 20288 |
| application of a pesticide; | 20289 |
| (2) Requires inspection, condemnation, or repair of equipment | 20290 |
| used to apply a pesticide; | 20291 |
| (3) Will suspend, revoke, or refuse to issue any pesticide | 20292 |
| registration for a violation of this chapter; | 20293 |
| (4) Requires safe handling, transportation, storage, display, | 20294 |
| distribution, and disposal of pesticides and their containers; | 20295 |
| (5) Ensures the protection of the health and safety of | 20296 |
| agricultural workers storing, handling, or applying pesticides, | 20297 |
| and all residents of agricultural labor camps, as that term is | 20298 |
| defined in section 3733.41 of the Revised Code, who are living or | 20299 |
| working in the vicinity of pesticide-treated areas; | 20300 |
| (6) Requires a record to be kept of all pesticide | 20301 |
| applications made by each commercial applicator and by any trained | 20302 |
| serviceperson acting under the commercial applicator's direct | 20303 |
| supervision and of all restricted use pesticide applications made | 20304 |
| by each private applicator and by any immediate family member or | 20305 |
| subordinate employee of that private applicator who is acting | 20306 |
| under the private applicator's direct supervision as required | 20307 |
| under section 921.14 of the Revised Code; | 20308 |
| (7) Determines the pesticide-use categories of diagnostic | 20309 |
| inspections that must be conducted by a commercial applicator; | 20310 |
| (8) Requires a record to be kept of all diagnostic | 20311 |
| inspections conducted by each commercial applicator and by any | 20312 |
| trained service person. | 20313 |
| (D) The director shall prescribe standards for the licensure | 20314 |
| of applicators of pesticides consistent with those prescribed by | 20315 |
| the federal act and the regulations adopted under it or prescribe | 20316 |
| standards that are more restrictive than those prescribed by the | 20317 |
| federal act and the regulations adopted under it. The standards | 20318 |
| may relate to the use of a pesticide or to an individual's | 20319 |
| pesticide-use category. | 20320 |
| The director shall take into consideration standards of the | 20321 |
| United States environmental protection agency. | 20322 |
| (E) The director may adopt rules setting forth the conditions | 20323 |
| under which the director will: | 20324 |
| (1) Collect and examine samples of pesticides or devices; | 20325 |
| (2) Specify classes of devices that shall be subject to this | 20326 |
| chapter; | 20327 |
| (3) Prescribe other necessary registration information. | 20328 |
| (F) The director may adopt rules that do either or both of | 20329 |
| the following: | 20330 |
| (1) Designate, in addition to those restricted uses so | 20331 |
| classified by the administrator of the United States environmental | 20332 |
| protection agency, restricted uses of pesticides for the state or | 20333 |
| for designated areas within the state and, if the director | 20334 |
| considers it necessary, to further restrict such use; | 20335 |
| (2) Define what constitutes "acting under the instructions | 20336 |
| and control of a commercial applicator" as used in the definition | 20337 |
| of "direct supervision" in division (Q)(1) of section 921.01 of | 20338 |
| the Revised Code. In adopting a rule under division (F)(2) of this | 20339 |
| section, the director shall consider the factors associated with | 20340 |
| the use of pesticide in the various pesticide-use categories. | 20341 |
| Based on consideration of the factors, the director may define | 20342 |
| "acting under the instructions and control of a commercial | 20343 |
| applicator" to include communications between a commercial | 20344 |
| applicator and a trained serviceperson that are conducted via | 20345 |
| landline telephone or a means of wireless communication. Any rules | 20346 |
| adopted under division (F)(2) of this section shall be drafted in | 20347 |
| consultation with representatives of the pesticide industry. | 20348 |
| (G) Except as provided in division (D) of this section, the | 20349 |
| director shall not adopt any rule under this chapter that is | 20350 |
| inconsistent with the requirements of the federal act and | 20351 |
| regulations adopted thereunder. | 20352 |
| (H) The director, after notice and opportunity for hearing, | 20353 |
| may declare as a pest any form of plant or animal life, other than | 20354 |
| human beings and other than bacteria, viruses, and other | 20355 |
| microorganisms on or in living human beings or other living | 20356 |
| animals, that is injurious to health or the environment. | 20357 |
| (I) The director may make reports to the United States | 20358 |
| environmental protection agency, in the form and containing the | 20359 |
| information the agency may require. | 20360 |
| (J) The director shall adopt rules for the application, use, | 20361 |
| storage, and disposal of pesticides if, in the director's | 20362 |
| judgment, existing programs of the United States environmental | 20363 |
| protection agency necessitate such rules or pesticide labels do | 20364 |
| not sufficiently address issues or situations identified by the | 20365 |
| department of agriculture or interested state agencies. | 20366 |
| (K) The director shall adopt rules establishing all of the | 20367 |
| following: | 20368 |
| (1) Standards, requirements, and procedures for the | 20369 |
| examination and re-examination of commercial applicators and | 20370 |
| private applicators; | 20371 |
| (2) With respect to training programs that the director may | 20372 |
| require commercial applicators and private applicators to | 20373 |
| complete: | 20374 |
| (a) Standards and requirements that a training program must | 20375 |
| satisfy in order to be offered by the director or the director's | 20376 |
| representative or in order to be approved by the director if a | 20377 |
| third party wishes to offer it; | 20378 |
| (b) Eligibility standards and requirements that must be | 20379 |
| satisfied by third parties who wish to provide the training | 20380 |
| programs; | 20381 |
| (c) Procedures that third parties must follow in order to | 20382 |
| submit a proposed training program to the director for approval; | 20383 |
| (d) Criteria that the director must consider when determining | 20384 |
| whether to authorize a commercial applicator or private applicator | 20385 |
| to participate in a training program instead of being required to | 20386 |
| pass a re-examination. | 20387 |
| (3) Training requirements for a trained serviceperson. | 20388 |
| (L) The director shall adopt all rules under this chapter in | 20389 |
| accordance with Chapter 119. of the Revised Code. | 20390 |
| Sec. 921.22. The pesticide, fertilizer, and lime program | 20391 |
|
fund is hereby
created in
the state
treasury. | 20392 |
| 20393 | |
| 20394 | |
| 20395 | |
| 20396 | |
| 20397 | |
| 20398 | |
| 20399 | |
| 20400 | |
| 20401 | |
| 20402 | |
| 20403 | |
| 20404 | |
| 20405 | |
|
Chapter 905. of the Revised Code | 20406 |
| all fines, penalties, costs, and damages, except court costs, that | 20407 |
| are collected by either the director of agriculture or the | 20408 |
|
attorney general in consequence of any
violation of
| 20409 |
| those chapters or rules adopted under them. The director shall use | 20410 |
| money in the fund to administer and enforce those chapters and | 20411 |
| rules adopted under them. | 20412 |
| The director shall keep accurate records of all receipts into | 20413 |
| and disbursements from the fund and shall prepare, and provide | 20414 |
| upon request, an annual report classifying the receipts and | 20415 |
| disbursements that pertain to pesticides, fertilizers, or lime. | 20416 |
| Sec. 921.27. (A) If the director of agriculture has | 20417 |
| reasonable cause to believe that a pesticide or device is being | 20418 |
| distributed, stored, transported, or used in violation of this | 20419 |
| chapter or of any rules, it shall be subject to seizure on | 20420 |
| complaint of the director to a court of competent jurisdiction in | 20421 |
| the locality in which the pesticide or device is located. | 20422 |
| (B) If the article is condemned, it shall, after entry or | 20423 |
| decree, be disposed of by destruction or sale as the court may | 20424 |
| direct and the proceeds, if the article is sold, less legal costs, | 20425 |
| shall be paid to the pesticide, fertilizer, and lime program fund | 20426 |
| created in section 921.22 of the Revised Code. The article shall | 20427 |
| not be sold contrary to this section. Upon payment of costs and | 20428 |
| execution and delivery of a good and sufficient bond conditioned | 20429 |
| that the article shall not be disposed of unlawfully, the court | 20430 |
| may direct that the article be delivered to the owner thereof for | 20431 |
| relabeling or reprocessing. | 20432 |
| Sec. 921.29. Fines, penalties, costs, and damages assessed | 20433 |
| against a person in consequence of violations of this chapter, as | 20434 |
| provided in this chapter or any other section of the Revised Code, | 20435 |
| shall be a lien in favor of the state upon the real and personal | 20436 |
| property of the person, upon the filing of a judgment or an order | 20437 |
| of the director of agriculture with the county in which the real | 20438 |
| and personal property is located. The real and personal property | 20439 |
| of the person shall be liable to execution for the fines, | 20440 |
| penalties, costs, and damages by the attorney general, who shall | 20441 |
| deposit any proceeds from an execution upon the property in the | 20442 |
| pesticide, fertilizer, and lime program fund created in section | 20443 |
| 921.22 of the Revised Code. | 20444 |
| Sec. 923.44. (A)(1) Except as otherwise provided in | 20445 |
| divisions (A)(2), (3), and (4) of this section, the first | 20446 |
| distributor of a commercial feed shall pay the director of | 20447 |
| agriculture a semiannual inspection fee at the rate of twenty-five | 20448 |
| cents per ton, with a minimum payment of twenty-five dollars, on | 20449 |
| all commercial feeds distributed by the first distributor in this | 20450 |
| state. | 20451 |
| (2) The semiannual inspection fee required under division | 20452 |
| (A)(1) of this section shall not be paid by the first distributor | 20453 |
| of a commercial feed if the distribution is made to an exempt | 20454 |
| buyer who shall be responsible for the fee. The director shall | 20455 |
| establish an exempt list consisting of those buyers who are | 20456 |
| responsible for the fee. | 20457 |
| (3) The semiannual inspection fee shall not be paid on a | 20458 |
| commercial feed if the fee has been paid by a previous | 20459 |
| distributor. | 20460 |
| (4) The semiannual inspection fee shall not be paid on | 20461 |
| customer-formula feed if the fee has been paid on the commercial | 20462 |
| feeds that are used as components in that customer-formula feed. | 20463 |
| (B) Each distributor or exempt buyer who is required to pay a | 20464 |
| fee under division (A)(1) or (2) of this section shall file a | 20465 |
| semiannual statement with the director that includes the number of | 20466 |
| net tons of commercial feed distributed by the distributor or | 20467 |
| exempt buyer in this state, within thirty days after the thirtieth | 20468 |
| day of June and within thirty days after the thirty-first day of | 20469 |
| December, respectively, of each calendar year. | 20470 |
| The inspection fee at the rate stated in division (A)(1) of | 20471 |
| this section shall accompany the statement. For a tonnage report | 20472 |
| that is not filed or payment of inspection fees that is not made | 20473 |
| within fifteen days after the due date, a penalty of ten per cent | 20474 |
| of the amount due, with a minimum penalty of fifty dollars shall | 20475 |
| be assessed against the distributor or exempt buyer. The amount of | 20476 |
| fees due, plus penalty, shall constitute a debt and become the | 20477 |
| basis of a judgment against the distributor or exempt buyer. | 20478 |
| (C) No information furnished under this section shall be | 20479 |
| disclosed by an employee of the department of agriculture in such | 20480 |
| a way as to divulge the operation of any person required to make | 20481 |
| such a report. | 20482 |
| (D) All money collected under this section shall be credited | 20483 |
| to the commercial feed and seed fund created in section 923.46 of | 20484 |
| the Revised Code. | 20485 |
| Sec. 923.46. | 20486 |
| 20487 | |
| 20488 | |
| The commercial feed | 20489 |
| 20490 | |
| treasury. The fund shall consist of money credited to it under | 20491 |
| this chapter and Chapter 907. of the Revised Code. | 20492 |
| The director shall | 20493 |
| 20494 | |
| keep accurate records of all receipts into and disbursements from | 20495 |
| the fund and shall prepare, and provide upon request, an annual | 20496 |
| report classifying the receipts and disbursements that pertain to | 20497 |
| commercial feed or seed. | 20498 |
| Sec. 927.51. As used in sections 927.51 to | 20499 |
| the Revised Code: | 20500 |
| (A) "Collected plant" means any plant dug or gathered from | 20501 |
| any wood lot, field, forest, or any other location in which such a | 20502 |
| plant is found growing in its native habitat. | 20503 |
| (B) "Collector" means any person who collects, for sale, | 20504 |
| plants from wood lots, fields, forests, or other native habitat. | 20505 |
| (C) "Dealer" means any person other than a nurseryman who | 20506 |
| offers for sale, sells, or distributes nursery stock, either | 20507 |
| exclusively or in connection with other merchandise, in or from | 20508 |
| any nursery, store, sales ground, stand, lot, truck, railway car, | 20509 |
| or other vehicle. "Dealer" includes any landscaper who sells or | 20510 |
| offers for sale nursery stock as a part of a grounds improvement | 20511 |
|
project | 20512 |
| (D) "Hardy," when applied to plants and bulbs, whether wild | 20513 |
| or cultivated, means capable of surviving the normal winter | 20514 |
| temperatures of this state. | 20515 |
| (E) "Host" means any plant or plant product from which any | 20516 |
| pest derives its food supply, or upon which it depends for its | 20517 |
| well being or to complete any part of its life cycle. | 20518 |
| (F) "Infested" means containing or harboring one or more | 20519 |
| pests or infected with one or more pests. | 20520 |
| (G) "Nursery" means any grounds or premises on or in which | 20521 |
| nursery stock is propagated or grown for sale. | 20522 |
| (H) "Nurseryman" means a person who owns, leases, manages, or | 20523 |
| is in charge of a nursery. | 20524 |
| (I) "Nursery stock" means: | 20525 |
| (1) Any hardy tree, shrub, plant, or bulb, whether wild or | 20526 |
| cultivated, except turfgrass, and any cutting, graft, scion, or | 20527 |
| bud thereof; | 20528 |
| (2) Any nonhardy plant, or plant part, | 20529 |
|
offered for sale in any state | 20530 |
|
certification of | 20531 |
| entrance therein. | 20532 |
| (J) "Person" means any corporation, company, society, | 20533 |
| association, partnership, individual or combination of | 20534 |
| individuals, institution, park, or any public agency administered | 20535 |
| by the state or any subdivision of the state. | 20536 |
| (K) "Pest" means any insect, mite, nematode, bacteria, | 20537 |
| fungus, virus, parasitic plant, or any other organism or any stage | 20538 |
|
of any such organism | 20539 |
| injury, disease, or damage to any plant, plant part, or plant | 20540 |
| product. | 20541 |
| (L) "Place of business" means each separate location from | 20542 |
| which nursery stock is sold, offered for sale, or distributed. | 20543 |
| (M) "Intensive production area" means a place where nursery | 20544 |
| stock is propagated or grown using greenhouses, liner beds, lath | 20545 |
| beds, or containers. | 20546 |
| (N) "Nonintensive production area" means any place where | 20547 |
| nursery stock is propagated or grown as field stock. | 20548 |
| (O) "Forced floral plants" means plants with desirable flower | 20549 |
| characteristics in which the bloom is artificially induced at an | 20550 |
| unnatural time of the year. | 20551 |
| Sec. 927.52. (A) The director of agriculture shall adopt and | 20552 |
| enforce any rules that are necessary to carry out sections 927.51 | 20553 |
|
to | 20554 |
| (B) The director may revoke, suspend, or refuse to issue any | 20555 |
| nursery certificate or dealer's license for any violation of | 20556 |
| sections 927.51 to 927.71 of the Revised Code, or of any rules | 20557 |
| adopted under those sections. | 20558 |
| (C) The director may publish reports describing nursery | 20559 |
| inspection and pest control operations authorized by sections | 20560 |
| 927.51 to 927.71 of the Revised Code. | 20561 |
| Sec. 927.53. (A) Each collector or dealer who sells, offers, | 20562 |
| or exposes for sale, or distributes nursery stock within this | 20563 |
| state, or ships nursery stock to other states, shall pay an annual | 20564 |
|
license fee of | 20565 |
| director of agriculture for each place of business the collector | 20566 |
| or dealer operates. | 20567 |
| (B)(1) Each dealer shall furnish the director, annually, an | 20568 |
| affidavit that the dealer will buy and sell only nursery stock | 20569 |
| which has been inspected and certified by an official state or | 20570 |
| federal inspector. | 20571 |
| (2) Each dealer's license expires on the thirty-first day of | 20572 |
| December of each year. Each licensed dealer shall apply for | 20573 |
| renewal of the dealer's license prior to the first day of January | 20574 |
| of each year and in accordance with the standard renewal procedure | 20575 |
| of sections 4745.01 to 4745.03 of the Revised Code. | 20576 |
| (C) Each licensed nurseryperson shall post conspicuously in | 20577 |
| the nurseryperson's principal place of business, the certificate | 20578 |
| which is issued to the nurseryperson in accordance with section | 20579 |
| 927.61 of the Revised Code. | 20580 |
| (D) Each licensed nurseryperson, or dealer, shall post | 20581 |
| conspicuously in each place of business, each certificate or | 20582 |
| license which is issued to the nurseryperson or dealer in | 20583 |
| compliance with this section or section 927.61 of the Revised | 20584 |
| Code. | 20585 |
| (E)(1) Each nurseryperson who produces, sells, offers for | 20586 |
| sale, or distributes woody nursery stock within the state, or | 20587 |
| ships woody nursery stock to other states, shall pay to the | 20588 |
|
director an annual inspection fee of | 20589 |
|
plus | 20590 |
|
nursery stock
in intensive production areas and | 20591 |
| per acre, or fraction thereof, of growing nursery stock in | 20592 |
| nonintensive production areas, as applicable. | 20593 |
| (2) Each nurseryperson who limits production and sales of | 20594 |
| nursery stock to brambles, herbaceous, perennial, and other | 20595 |
| nonwoody plants, shall pay to the director an inspection fee of | 20596 |
| 20597 | |
| fraction thereof, of growing nursery stock in intensive and | 20598 |
| nonintensive production areas. | 20599 |
| (F) | 20600 |
| 20601 |
| | 20602 |
| 20603 | |
| 20604 |
| | 20605 |
| 20606 |
| | 20607 |
| | 20608 |
| 20609 |
| | 20610 |
| 20611 |
| | 20612 |
| 20613 |
| | 20614 |
| | 20615 |
| 20616 |
| | 20617 |
|
be | 20618 |
| 20619 | |
|
927.54 of the Revised Code. | 20620 |
| 20621 | |
| 20622 | |
| 20623 |
| Sec. 927.54. The plant pest program fund is hereby created in | 20624 |
| the state treasury. The fund shall consist of money credited to it | 20625 |
| under this chapter and any rules adopted under it. The director of | 20626 |
| agriculture shall use money in the fund to administer this | 20627 |
| chapter. | 20628 |
| The director shall keep accurate records of all receipts into | 20629 |
| and disbursements from the fund and shall prepare, and provide | 20630 |
| upon request, an annual report classifying the receipts and | 20631 |
| disbursements that pertain to plant pests. | 20632 |
| Sec. 927.56. (A) Each nurseryman, dealer, or collector of | 20633 |
| nursery stock, who resides in or has his principal place of | 20634 |
| business in another state and who sends nursery stock into this | 20635 |
| state without having a bona fide order in advance for all such | 20636 |
|
nursery stock, shall obtain the same license | 20637 |
| required by section 927.53 of the Revised Code. | 20638 |
| (B) The director of agriculture may enter into such | 20639 |
|
reciprocal contracts and agreements as | 20640 |
| proper and expedient, with the proper authorities of other states | 20641 |
| or of the federal government to regulate the shipment, sale, and | 20642 |
| distribution of nursery stock in this state by persons residing in | 20643 |
| or located in another state, in accordance with sections 927.51 to | 20644 |
| 20645 |
| Sec. 927.69. To effect the purpose of sections 927.51 to | 20646 |
| 20647 | |
| the director's authorized representative may: | 20648 |
| (A) Make reasonable inspection of any premises in this state | 20649 |
| and any property therein or thereon; | 20650 |
| (B) Stop and inspect in a reasonable manner, any means of | 20651 |
| conveyance moving within this state upon probable cause to believe | 20652 |
| it contains or carries any pest, host, commodity, or other article | 20653 |
| that is subject to sections 927.51 to 927.72 of the Revised Code; | 20654 |
| (C) Conduct inspections of agricultural products that are | 20655 |
| required by other states, the United States department of | 20656 |
| agriculture, other federal agencies, or foreign countries to | 20657 |
| determine whether the products are infested. If, upon making such | 20658 |
| an inspection, the director or the director's authorized | 20659 |
| representative determines that an agricultural product is not | 20660 |
| infested, the director or the director's authorized representative | 20661 |
| may issue a certificate, as required by other states, the United | 20662 |
| States department of agriculture, other federal agencies, or | 20663 |
| foreign countries, indicating that the product is not infested. | 20664 |
| If the director charges fees for any of the certificates, | 20665 |
| agreements, or inspections specified in this section, the fees | 20666 |
| shall be as follows: | 20667 |
| (1) Phyto sanitary certificates, twenty-five dollars for | 20668 |
| those collectors or dealers that are licensed under section 927.53 | 20669 |
| of the Revised Code; | 20670 |
| (2) Phyto sanitary certificates, one hundred dollars for all | 20671 |
| others; | 20672 |
| (3) Compliance agreements, | 20673 |
| | 20674 |
| (4) Agricultural products and their conveyances inspections, | 20675 |
| an amount equal to the hourly rate of pay in the highest step in | 20676 |
| the pay range, including fringe benefits, of a plant pest control | 20677 |
| specialist multiplied by the number of hours worked by such a | 20678 |
| specialist in conducting an inspection. | 20679 |
| The director may adopt rules under section 927.52 of the | 20680 |
| Revised Code that define the certificates, agreements, and | 20681 |
| inspections. | 20682 |
| The fees shall be | 20683 |
|
to the | 20684 |
| 20685 | |
| 20686 | |
| 20687 | |
| 20688 |
| Sec. 927.70. (A) No person shall knowingly permit any plant | 20689 |
|
pest | 20690 |
| dangerously harmful by the director of agriculture, in compliance | 20691 |
| with procedures required by division (A) of section 927.52 of the | 20692 |
|
Revised Code, to exist in or on | 20693 |
| (B) Whenever the director or | 20694 |
| representative finds any article or commodity to be infested or | 20695 |
| has reason to believe it to be infested, or finds that a host or | 20696 |
|
pest exists on
any premises, or is in transit in this state, | 20697 |
| the director may: | 20698 |
| (1) Upon giving notice to the owner or | 20699 |
| in possession thereof, seize, quarantine, treat, or otherwise | 20700 |
|
dispose of | 20701 |
|
manner
as | 20702 |
| control, eradicate, or to prevent or retard the spread of a pest; | 20703 |
| (2) Order | 20704 |
| dispose of the pest, host, article, or commodity. | 20705 |
| (C) If the owner or person in charge of | 20706 |
| refuses or neglects to carry out the orders of the director within | 20707 |
| seven days after receiving written notice, the director may treat | 20708 |
| the premises; treat or destroy the infested plants or plant | 20709 |
|
material; or apply any other preventive or remedial measure
| 20710 |
| 20711 | |
| preventative or remedial measures shall be assessed, collected, | 20712 |
| and enforced, as taxes are assessed, collected, and enforced, | 20713 |
|
against the premises upon which | 20714 |
|
The
amount of | 20715 |
| 20716 | |
| to the plant pest program fund created in section 927.54 of the | 20717 |
| Revised Code. | 20718 |
| Sec. 927.701. (A) As used in this section, "gypsy moth" | 20719 |
| means the live insect, Lymantria dispar, in any stage of | 20720 |
| development. | 20721 |
| (B) The director of agriculture may establish a voluntary | 20722 |
| gypsy moth suppression program under which a landowner may request | 20723 |
| that the department of agriculture have the landowner's property | 20724 |
| aerially sprayed to suppress the presence of gypsy moths in | 20725 |
| exchange for payment from the landowner of a portion of the cost | 20726 |
|
of the spraying. To determine the | 20727 |
| 20728 | |
| 20729 | |
| 20730 | |
| 20731 | |
| 20732 | |
| 20733 | |
| 20734 | |
| add the per-acre cost of the product selected by the landowner to | 20735 |
| suppress gypsy moths and the per-acre cost of applying the product | 20736 |
| as determined by the director in rules. To determine the aggregate | 20737 |
| total cost, the department shall multiply the total cost per acre | 20738 |
| by the number of acres that the landowner requests to be sprayed. | 20739 |
| The department shall add to that amount any administrative costs | 20740 |
| that it incurs in billing the landowner and collecting payment. | 20741 |
| 20742 | |
| 20743 | |
| the cost that is assessed to the landowner, if any, shall be | 20744 |
| determined by the funding that is allocated to the department by | 20745 |
| the federal and state gypsy moth suppression programs. | 20746 |
| (C) The director shall adopt rules under Chapter 119. of the | 20747 |
| Revised Code to establish procedures under which a landowner may | 20748 |
| make a request under division (B) of this section, to establish | 20749 |
| the per-acre cost of applying product to suppress gypsy moths, and | 20750 |
| to establish provisions governing agreements between the | 20751 |
| department and landowners concerning gypsy moth suppression | 20752 |
| together with any other provisions that the director considers | 20753 |
| appropriate to administer this section. | 20754 |
| (D) The director shall deposit all money collected under this | 20755 |
|
section | 20756 |
| plant pest program fund created in | 20757 |
| the Revised Code. Money credited to the fund under this section | 20758 |
| shall be used for the suppression of gypsy moths in accordance | 20759 |
| with this section. | 20760 |
| Sec. 927.71. (A) The director of agriculture, in accordance | 20761 |
| with Chapter 119. of the Revised Code, may quarantine: | 20762 |
| (1) This state or any portion thereof when | 20763 |
| determines that such action is necessary to prevent or retard the | 20764 |
| spread of a pest into, within, or from this state; | 20765 |
| (2) Any other state or portion thereof when | 20766 |
| determines that a pest exists therein and that such action is | 20767 |
| necessary to prevent or retard its spread into this state. | 20768 |
| (B) The director may limit the application of a quarantine to | 20769 |
| the infested portions of the quarantined area and appropriate | 20770 |
| environs, to be known as the regulated area, and may, without | 20771 |
| further hearing, extend the regulated area to include additional | 20772 |
| portions of the quarantined area either: | 20773 |
| (1) Upon publication of a notice to that effect in such | 20774 |
|
newspapers in the
quarantined area as | 20775 |
| (2) Upon written notice to those concerned. | 20776 |
| (C) Following establishment of a quarantine, no person shall | 20777 |
| move any regulated article described in the quarantine, or move | 20778 |
| the pest against which the quarantine is established, within, | 20779 |
|
from, into, or through this state
contrary to | 20780 |
| 20781 | |
| or order of the director. | 20782 |
| (D) A | 20783 |
| any regulated article from the quarantined or regulated area in | 20784 |
| this state into or through other parts of this state or other | 20785 |
| states and from the quarantine or regulated area in other states | 20786 |
| into or through this state and may impose such inspection, | 20787 |
| disinfection, certification, permit, or other requirements as the | 20788 |
| director determines necessary to effectuate the purpose of | 20789 |
|
sections 927.51 to
| 20790 |
| Sec. 955.201. (A) As used in this section and in section | 20791 |
| 955.202 of the Revised Code, "Ohio pet fund" means a nonprofit | 20792 |
| corporation organized by that name under Chapter 1702. of the | 20793 |
| Revised Code that consists of humane societies, veterinarians, | 20794 |
|
animal
shelters, companion animal breeders, dog wardens, | 20795 |
| similar individuals and entities. | 20796 |
| (B) The Ohio pet fund shall do all of the following: | 20797 |
| (1) Establish eligibility criteria for organizations that may | 20798 |
| receive financial assistance from the pets program funding board | 20799 |
| created in section 955.202 of the Revised Code. Those | 20800 |
| organizations may include any of the following: | 20801 |
| (a) An animal shelter as defined in section 4729.01 of the | 20802 |
| Revised Code; | 20803 |
| (b) A local nonprofit veterinary association that operates a | 20804 |
| program for the sterilization of dogs and cats; | 20805 |
| (c) A charitable organization that is exempt from federal | 20806 |
| income taxation under subsection 501(c)(3) of the Internal Revenue | 20807 |
|
Code and | 20808 |
| the sterilization of dogs and cats and educational programs | 20809 |
| concerning the proper veterinary care of those animals. | 20810 |
| (2) Establish procedures for applying for financial | 20811 |
| assistance from the pets program funding board. Application | 20812 |
| procedures shall require eligible organizations to submit detailed | 20813 |
| proposals that outline the intended uses of the moneys sought. | 20814 |
| (3) Establish eligibility criteria for sterilization and | 20815 |
| educational programs for which moneys from the pets program | 20816 |
| funding board may be used and, consistent with division (C) of | 20817 |
| this section, establish eligibility criteria for individuals who | 20818 |
| seek sterilization for their dogs and cats from eligible | 20819 |
| organizations; | 20820 |
| (4) Establish procedures for the disbursement of moneys the | 20821 |
| pets program funding board receives from license plate | 20822 |
| contributions pursuant to division (C) of section 4503.551 of the | 20823 |
| Revised Code; | 20824 |
| (5) Advertise or otherwise provide notification of the | 20825 |
| availability of financial assistance from the pets program funding | 20826 |
| board for eligible organizations; | 20827 |
| (6) Design markings to be inscribed on "pets" license plates | 20828 |
| under section 4503.551 of the Revised Code. | 20829 |
| (C)(1) The owner of a dog or cat is eligible for dog or cat | 20830 |
| sterilization services from an eligible organization when those | 20831 |
| services are subsidized in whole or in part by money from the pets | 20832 |
| program funding board if any of the following applies: | 20833 |
| (a) The income of the owner's family does not exceed one | 20834 |
| hundred fifty per cent of the federal poverty guideline. | 20835 |
| (b) The owner, or any member of the owner's family who | 20836 |
| resides with the owner, is a recipient or beneficiary of one of | 20837 |
| the following government assistance programs: | 20838 |
| (i) Low-income housing assistance under the "United States | 20839 |
| Housing Act of 1937," 42 U.S.C.A. 1437f, as amended, known as the | 20840 |
| federal section 8 housing program; | 20841 |
| (ii) The Ohio works first program established by Chapter | 20842 |
| 5107. of the Revised Code; | 20843 |
| (iii) Title XIX of the "Social Security Act," 49 Stat. 620 | 20844 |
| (1935), 42 U.S.C.A. 301, as amended, known as the medical | 20845 |
| assistance program or medicaid, provided by the department of job | 20846 |
| and family services under Chapter 5111. of the Revised Code; | 20847 |
| (iv) A program or law administered by the United States | 20848 |
| department of veterans' affairs or veterans' administration for | 20849 |
| any service-connected disability; | 20850 |
| (v) The | 20851 |
|
established under the | 20852 |
| 20853 | |
| administered by the department of job and family services under | 20854 |
| section 5101.54 of the Revised Code; | 20855 |
| (vi) The "special supplemental nutrition program for women, | 20856 |
| infants, and children" established under the "Child Nutrition Act | 20857 |
| of 1966," 80 Stat. 885, 42 U.S.C. 1786, as amended, administered | 20858 |
| by the department of health under section 3701.132 of the Revised | 20859 |
| Code; | 20860 |
| (vii) Supplemental security income under Title XVI of the | 20861 |
| "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, as | 20862 |
| amended; | 20863 |
| (viii) Social security disability insurance benefits provided | 20864 |
| under Title II of the "Social Security Act," 49 Stat. 620 (1935), | 20865 |
| 42 U.S.C.A. 401, as amended. | 20866 |
| (c) The owner of the dog or cat submits to the eligible | 20867 |
| organization operating the sterilization program either of the | 20868 |
| following: | 20869 |
| (i) A certificate of adoption showing that the dog or cat was | 20870 |
| adopted from a licensed animal shelter, a municipal, county, or | 20871 |
| regional pound, or a holding and impoundment facility that | 20872 |
| contracts with a municipal corporation; | 20873 |
| (ii) A certificate of adoption showing that the dog or cat | 20874 |
| was adopted through a nonprofit corporation operating an animal | 20875 |
| adoption referral service whose holding facility, if any, is | 20876 |
| licensed in accordance with state law or a municipal ordinance. | 20877 |
| (2) The Ohio pet fund shall determine the type of documentary | 20878 |
| evidence that must be presented by the owner of a dog or cat to | 20879 |
| show that the income of the owner's family does not exceed one | 20880 |
| hundred fifty per cent of the federal poverty guideline or that | 20881 |
| the owner is eligible under division (C)(1)(b) of this section. | 20882 |
| (D) As used in division (C) of this section, "federal poverty | 20883 |
| guideline" means the official poverty guideline as revised | 20884 |
| annually by the United States department of health and human | 20885 |
| services in accordance with section 673(2) of the "Omnibus Budget | 20886 |
| Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A. 9902, as | 20887 |
| amended, for a family size equal to the size of the family of the | 20888 |
| person whose income is being determined. | 20889 |
| Sec. 1322.03. (A) An application for a certificate of | 20890 |
| registration as a mortgage broker shall be in writing, under oath, | 20891 |
| and in the form prescribed by the superintendent of financial | 20892 |
| institutions. The application shall be accompanied by a | 20893 |
|
nonrefundable application fee of | 20894 |
| for each location of an office to be maintained by the applicant | 20895 |
| in accordance with division (A) of section 1322.02 of the Revised | 20896 |
|
Code | 20897 |
| 20898 | |
| 20899 | |
| following: | 20900 |
| (1) The location or locations where the business is to be | 20901 |
| transacted and whether any location is a residence. If any | 20902 |
| location where the business is to be transacted is a residence, | 20903 |
| the application shall be accompanied by a certified copy of a | 20904 |
| zoning permit authorizing the use of the residence for commercial | 20905 |
| purposes, or shall be accompanied by a written opinion or other | 20906 |
| document issued by the county or political subdivision where the | 20907 |
| residence is located certifying that the use of the residence to | 20908 |
| transact business as a mortgage broker is not prohibited by the | 20909 |
| county or political subdivision. The application also shall be | 20910 |
| accompanied by a photograph of each location at which the business | 20911 |
| will be transacted. | 20912 |
| (2)(a) In the case of a sole proprietor, the name and address | 20913 |
| of the sole proprietor; | 20914 |
| (b) In the case of a partnership, the name and address of | 20915 |
| each partner; | 20916 |
| (c) In the case of a corporation, the name and address of | 20917 |
| each shareholder owning five per cent or more of the corporation; | 20918 |
| (d) In the case of any other entity, the name and address of | 20919 |
| any person that owns five per cent or more of the entity that will | 20920 |
| transact business as a mortgage broker. | 20921 |
| (3) If the applicant is a partnership, corporation, limited | 20922 |
| liability company, or any other business entity or association, | 20923 |
| the applicant shall designate an employee or owner of the | 20924 |
| applicant as the applicant's operations manager. While acting as | 20925 |
| the operations manager, the employee or owner shall not be | 20926 |
| employed by any other mortgage broker. | 20927 |
| (4) Evidence that the sole proprietor or the person | 20928 |
| designated on the application pursuant to division (A)(3) of this | 20929 |
| section, as applicable, possesses at least three years of | 20930 |
| experience in the mortgage and lending field, which experience may | 20931 |
| include employment with or as a mortgage broker or with a | 20932 |
| financial institution, mortgage lending institution, or other | 20933 |
| lending institution, or possesses at least three years of other | 20934 |
| experience related specifically to the business of mortgage loans | 20935 |
| that the superintendent determines meets the requirements of | 20936 |
| division (A)(4) of this section; | 20937 |
| (5) On or after January 1, 2007, evidence that the sole | 20938 |
| proprietor or the person designated on the application pursuant to | 20939 |
| division (A)(3) of this section has successfully completed either | 20940 |
| of the following: | 20941 |
| (a) At least twenty-four hours of live classroom instruction | 20942 |
| in a course or program of study approved by the superintendent | 20943 |
| that consists of at least all of the following: | 20944 |
| (i) Four hours of instruction concerning state and federal | 20945 |
| mortgage lending laws, which shall include no less than two hours | 20946 |
| on this chapter; | 20947 |
| (ii) Four hours of instruction concerning the Ohio consumer | 20948 |
| sales practices act, Chapter 1345. of the Revised Code, as it | 20949 |
| applies to registrants and licensees; | 20950 |
| (iii) Four hours of instruction concerning the loan | 20951 |
| application process; | 20952 |
| (iv) Two hours of instruction concerning the underwriting | 20953 |
| process; | 20954 |
| (v) Two hours of instruction concerning the secondary market | 20955 |
| for mortgage loans; | 20956 |
| (vi) Four hours of instruction concerning the loan closing | 20957 |
| process; | 20958 |
| (vii) Two hours of instruction covering basic mortgage | 20959 |
| financing concepts and terms; | 20960 |
| (viii) Two hours of instruction concerning the ethical | 20961 |
| responsibilities of a registrant, including with respect to | 20962 |
| confidentiality, consumer counseling, and the duties and standards | 20963 |
| of care created in section 1322.081 of the Revised Code. | 20964 |
| (b) Other post-secondary education related specifically to | 20965 |
| the business of mortgage loans that the superintendent determines | 20966 |
| meets the requirements of division (A)(5)(a) of this section. | 20967 |
| Division (A)(5) of this section does not apply to any | 20968 |
| applicant who has an application on file with the division of | 20969 |
| financial institutions prior to January 1, 2007. | 20970 |
| The evidence submitted by the applicant pursuant to division | 20971 |
| (A)(5) of this section may be in the form of transcripts or a | 20972 |
| statement indicating that the applicant has, and will maintain, | 20973 |
| transcripts at the applicant's place of business for a period of | 20974 |
| five years for inspection by the superintendent at the | 20975 |
| superintendent's request. | 20976 |
| (6) Evidence of compliance with the surety bond requirements | 20977 |
| of section 1322.05 of the Revised Code and with sections 1322.01 | 20978 |
| to 1322.12 of the Revised Code; | 20979 |
| (7) In the case of a foreign business entity, evidence that | 20980 |
| it maintains a license or registration pursuant to Chapter 1703., | 20981 |
| 1705., 1775., 1776., 1777., 1782., or 1783. of the Revised Code to | 20982 |
| transact business in this state; | 20983 |
| (8) A statement as to whether the applicant or, to the best | 20984 |
| of the applicant's knowledge, any shareholder, member, partner, | 20985 |
| operations manager, or employee of the applicant has been | 20986 |
| convicted of or pleaded guilty to any criminal offense involving | 20987 |
| theft, receiving stolen property, embezzlement, forgery, fraud, | 20988 |
| passing bad checks, money laundering, or drug trafficking, or any | 20989 |
| criminal offense involving money or securities; | 20990 |
| (9) A statement as to whether the applicant or, to the best | 20991 |
| of the applicant's knowledge, any shareholder, member, partner, | 20992 |
| operations manager, or employee of the applicant has been subject | 20993 |
| to any adverse judgment for conversion, embezzlement, | 20994 |
| misappropriation of funds, fraud, misfeasance or malfeasance, or | 20995 |
| breach of fiduciary duty; | 20996 |
| (10) Evidence that the applicant's operations manager has | 20997 |
| successfully completed the examination required under division (A) | 20998 |
| of section 1322.051 of the Revised Code; | 20999 |
| (11) Any further information that the superintendent | 21000 |
| requires. | 21001 |
| (B) Upon the filing of the application and payment of the | 21002 |
| application fee, the superintendent of financial institutions | 21003 |
| shall investigate the applicant as set forth in division (B) of | 21004 |
| this section. | 21005 |
| (1) The superintendent shall request the superintendent of | 21006 |
| the bureau of criminal identification and investigation, or a | 21007 |
| vendor approved by the bureau, to conduct a criminal records check | 21008 |
| based on the applicant's fingerprints in accordance with division | 21009 |
| (A)(11) of section 109.572 of the Revised Code. Notwithstanding | 21010 |
| division (K) of section 121.08 of the Revised Code, the | 21011 |
| superintendent of financial institutions shall request that | 21012 |
| criminal record information from the federal bureau of | 21013 |
| investigation be obtained as part of the criminal records check. | 21014 |
| Any fee required under division (C)(3) of section 109.572 of the | 21015 |
| Revised Code shall be paid by the applicant. | 21016 |
| (2) The superintendent shall conduct a civil records check. | 21017 |
| (3) If, in order to issue a certificate of registration to an | 21018 |
| applicant, additional investigation by the superintendent outside | 21019 |
| this state is necessary, the superintendent may require the | 21020 |
| applicant to advance sufficient funds to pay the actual expenses | 21021 |
| of the investigation, if it appears that these expenses will | 21022 |
|
exceed | 21023 |
| provide the applicant with an itemized statement of the actual | 21024 |
| expenses that the applicant is required to pay. | 21025 |
| (C) The superintendent shall pay all funds advanced and | 21026 |
| application and renewal fees and penalties the superintendent | 21027 |
| receives pursuant to this section and section 1322.04 of the | 21028 |
| Revised Code to the treasurer of state to the credit of the | 21029 |
| consumer finance fund created in section 1321.21 of the Revised | 21030 |
| Code. | 21031 |
| (D) If an application for a certificate of registration does | 21032 |
| not contain all of the information required under division (A) of | 21033 |
| this section, and if that information is not submitted to the | 21034 |
| superintendent within ninety days after the superintendent | 21035 |
| requests the information in writing, the superintendent may | 21036 |
| consider the application withdrawn. | 21037 |
| (E) A certificate of registration and the authority granted | 21038 |
| under that certificate is not transferable or assignable and | 21039 |
| cannot be franchised by contract or any other means. | 21040 |
| (F) The registration requirements of this chapter apply to | 21041 |
| any person acting as a mortgage broker, and no person is exempt | 21042 |
| from the requirements of this chapter on the basis of prior work | 21043 |
| or employment as a mortgage broker. | 21044 |
| Sec. 1322.031. (A) An application for a license as a loan | 21045 |
| officer shall be in writing, under oath, and in the form | 21046 |
| prescribed by the superintendent of financial institutions. The | 21047 |
| application shall be accompanied by a nonrefundable application | 21048 |
| fee of one hundred fifty dollars and shall provide all of the | 21049 |
| following: | 21050 |
| (1) The name and address of the applicant; | 21051 |
| (2) A statement as to whether the applicant has been | 21052 |
| convicted of or pleaded guilty to any criminal offense involving | 21053 |
| theft, receiving stolen property, embezzlement, forgery, fraud, | 21054 |
| passing bad checks, money laundering, or drug trafficking, or any | 21055 |
| criminal offense involving money or securities; | 21056 |
| (3) A statement as to whether the applicant has been subject | 21057 |
| to an adverse judgment for conversion, embezzlement, | 21058 |
| misappropriation of funds, fraud, misfeasance or malfeasance, or | 21059 |
| breach of fiduciary duty; | 21060 |
| (4) For loan officer applications submitted on or after | 21061 |
| January 1, 2007, proof, as determined by the superintendent, that | 21062 |
| the applicant has successfully completed at least twenty-four | 21063 |
| hours of live classroom instruction in a course or program of | 21064 |
| study approved by the superintendent that consists of at least all | 21065 |
| of the following: | 21066 |
| (a) Four hours of instruction concerning state and federal | 21067 |
| mortgage lending laws, which shall include no less than two hours | 21068 |
| on this chapter; | 21069 |
| (b) Four hours of instruction concerning the Ohio consumer | 21070 |
| sales practices act, Chapter 1345. of the Revised Code, as it | 21071 |
| applies to registrants and licensees; | 21072 |
| (c) Four hours of instruction concerning the loan application | 21073 |
| process; | 21074 |
| (d) Two hours of instruction concerning the underwriting | 21075 |
| process; | 21076 |
| (e) Two hours of instruction concerning the secondary market | 21077 |
| for mortgage loans; | 21078 |
| (f) Four hours of instruction concerning the loan closing | 21079 |
| process; | 21080 |
| (g) Two hours of instruction covering basic mortgage | 21081 |
| financing concepts and terms; | 21082 |
| (h) Two hours of instruction concerning the ethical | 21083 |
| responsibilities of a licensee, including with respect to | 21084 |
| confidentiality, consumer counseling, and the duties and standards | 21085 |
| of care created in section 1322.081 of the Revised Code. | 21086 |
| Division (A)(4) of this section does not apply to any | 21087 |
| applicant who has an application on file with the division of | 21088 |
| financial institutions prior to January 1, 2007. | 21089 |
| The proof submitted by the applicant pursuant to division | 21090 |
| (A)(4) of this section may be in the form of transcripts or a | 21091 |
| statement indicating that the applicant has, and will maintain, | 21092 |
| transcripts at the applicant's place of business for a period of | 21093 |
| five years for inspection by the superintendent at the | 21094 |
| superintendent's request. | 21095 |
| (5) Any further information that the superintendent requires. | 21096 |
| (B) Upon the filing of the application and payment of the | 21097 |
| application fee, the superintendent of financial institutions | 21098 |
| shall investigate the applicant as set forth in division (B) of | 21099 |
| this section. | 21100 |
| (1) The superintendent shall request the superintendent of | 21101 |
| the bureau of criminal identification and investigation, or a | 21102 |
| vendor approved by the bureau, to conduct a criminal records check | 21103 |
| based on the applicant's fingerprints in accordance with division | 21104 |
| (A)(11) of section 109.572 of the Revised Code. Notwithstanding | 21105 |
| division (K) of section 121.08 of the Revised Code, the | 21106 |
| superintendent of financial institutions shall request that | 21107 |
| criminal record information from the federal bureau of | 21108 |
| investigation be obtained as part of the criminal records check. | 21109 |
| Any fee required under division (C)(3) of section 109.572 of the | 21110 |
| Revised Code shall be paid by the applicant. | 21111 |
| (2) The superintendent shall conduct a civil records check. | 21112 |
| (3) If, in order to issue a license to an applicant, | 21113 |
| additional investigation by the superintendent outside this state | 21114 |
| is necessary, the superintendent may require the applicant to | 21115 |
| advance sufficient funds to pay the actual expenses of the | 21116 |
| investigation, if it appears that these expenses will exceed one | 21117 |
| hundred fifty dollars. The superintendent shall provide the | 21118 |
| applicant with an itemized statement of the actual expenses that | 21119 |
| the applicant is required to pay. | 21120 |
| (C) The superintendent shall pay all funds advanced and | 21121 |
| application and renewal fees and penalties the superintendent | 21122 |
| receives pursuant to this section and section 1322.041 of the | 21123 |
| Revised Code to the treasurer of state to the credit of the | 21124 |
| consumer finance fund created in section 1321.21 of the Revised | 21125 |
| Code. | 21126 |
| (D) If an application for a license does not contain all of | 21127 |
| the information required under division (A) of this section, and | 21128 |
| if that information is not submitted to the superintendent within | 21129 |
| ninety days after the superintendent requests the information in | 21130 |
| writing, the superintendent may consider the application | 21131 |
| withdrawn. | 21132 |
| (E)(1) The business of a loan officer shall principally be | 21133 |
| transacted at an office of the employing mortgage broker, which | 21134 |
| office is registered in accordance with division (A) of section | 21135 |
| 1322.02 of the Revised Code. Each original license shall be | 21136 |
| deposited with and maintained by the employing mortgage broker at | 21137 |
| the mortgage broker's main office. A copy of the license shall be | 21138 |
| maintained and displayed at the office where the loan officer | 21139 |
| principally transacts business. | 21140 |
| (2) If a loan officer's employment is terminated, the | 21141 |
| mortgage broker shall return the original license to the | 21142 |
| superintendent within five business days after the termination. | 21143 |
| The licensee may request the transfer of the license to another | 21144 |
| mortgage broker by submitting a relocation application, along with | 21145 |
| a fifteen dollar fee, to the superintendent or may request the | 21146 |
| superintendent in writing to hold the license in escrow for a | 21147 |
| period not to exceed one year. Any licensee whose license is held | 21148 |
| in escrow shall cease activity as a loan officer. | 21149 |
| A mortgage broker may employ a loan officer on a temporary | 21150 |
| basis pending the transfer of the loan officer's license to the | 21151 |
| mortgage broker, if the mortgage broker receives written | 21152 |
| confirmation from the superintendent that the loan officer is | 21153 |
| licensed under sections 1322.01 to 1322.12 of the Revised Code. | 21154 |
| (F) A license, or the authority granted under that license, | 21155 |
| is not assignable and cannot be franchised by contract or any | 21156 |
| other means. | 21157 |
| Sec. 1322.04. (A) Upon the conclusion of the investigation | 21158 |
| required under division (B) of section 1322.03 of the Revised | 21159 |
| Code, the superintendent of financial institutions shall issue a | 21160 |
| certificate of registration to the applicant if the superintendent | 21161 |
| finds that the following conditions are met: | 21162 |
| (1)
| 21163 |
| 21164 | |
| the application fee. If a check or other draft instrument is | 21165 |
| returned to the superintendent for insufficient funds, the | 21166 |
| superintendent shall notify the registrant by certified mail, | 21167 |
| return receipt requested, that the certificate of registration | 21168 |
| issued in reliance on the check or other draft instrument will be | 21169 |
| canceled unless the registrant, within thirty days after receipt | 21170 |
| of the notice, submits the application fee and a | 21171 |
| one-hundred-dollar penalty to the superintendent. If the | 21172 |
| registrant does not submit the application fee and penalty within | 21173 |
| that time period, or if any check or other draft instrument used | 21174 |
| to pay the fee or penalty is returned to the superintendent for | 21175 |
| insufficient funds, the certificate of registration shall be | 21176 |
| canceled immediately without a hearing, and the registrant shall | 21177 |
| cease activity as a mortgage broker. | 21178 |
| (2) If the application is for a location that is a residence, | 21179 |
| that the applicant has obtained a valid zoning permit authorizing | 21180 |
| the use of the residence for commercial purposes, or has obtained | 21181 |
| a valid written opinion or other document issued by the county or | 21182 |
| political subdivision where the residence is located certifying | 21183 |
| that the use of the residence to transact business as a mortgage | 21184 |
| broker is not prohibited by the county or political subdivision. | 21185 |
| The application also is accompanied by a photograph of each | 21186 |
| location at which the mortgage broker's business will be | 21187 |
| transacted. | 21188 |
| (3) The sole proprietor or the person designated on the | 21189 |
| application pursuant to division (A)(3) of section 1322.03 of the | 21190 |
| Revised Code, as applicable, meets the experience requirements | 21191 |
| provided in division (A)(4) of section 1322.03 of the Revised Code | 21192 |
| and the education requirements set forth in division (A)(5) of | 21193 |
| section 1322.03 of the Revised Code. | 21194 |
| (4) The applicant maintains all licenses and registrations | 21195 |
| required by the secretary of state. | 21196 |
| (5) The applicant complies with the surety bond requirements | 21197 |
| of section 1322.05 of the Revised Code. | 21198 |
| (6) The applicant complies with sections 1322.01 to 1322.12 | 21199 |
| of the Revised Code. | 21200 |
| (7) Neither the applicant nor any shareholder, member, | 21201 |
| partner, operations manager, or employee of the applicant has | 21202 |
| pleaded guilty to or been convicted of any criminal offense | 21203 |
| described in division (A)(8) of section 1322.03 of the Revised | 21204 |
| Code or any violation of an existing or former law of this state, | 21205 |
| any other state, or the United States that substantially is | 21206 |
| equivalent to a criminal offense described in that division. | 21207 |
| However, if the applicant or any of those other persons has | 21208 |
| pleaded guilty to or been convicted of any such offense other than | 21209 |
| theft, the superintendent shall not consider the offense if the | 21210 |
| applicant has proven to the superintendent, by a preponderance of | 21211 |
| the evidence, that the applicant's or other person's activities | 21212 |
| and employment record since the conviction show that the applicant | 21213 |
| or other person is honest, truthful, and of good reputation, and | 21214 |
| there is no basis in fact for believing that the applicant or | 21215 |
| other person will commit such an offense again. | 21216 |
| (8) Neither the applicant nor any shareholder, member, | 21217 |
| partner, operations manager, or employee of the applicant has been | 21218 |
| subject to any adverse judgment for conversion, embezzlement, | 21219 |
| misappropriation of funds, fraud, misfeasance or malfeasance, or | 21220 |
| breach of fiduciary duty, or, if the applicant or any of those | 21221 |
| other persons has been subject to such a judgment, the applicant | 21222 |
| has proven to the superintendent, by a preponderance of the | 21223 |
| evidence, that the applicant's or other person's activities and | 21224 |
| employment record since the judgment show that the applicant or | 21225 |
| other person is honest, truthful, and of good reputation, and | 21226 |
| there is no basis in fact for believing that the applicant or | 21227 |
| other person will be subject to such a judgment again. | 21228 |
| (9) The applicant's operations manager successfully completed | 21229 |
| the examination required under division (A) of section 1322.051 of | 21230 |
| the Revised Code. | 21231 |
| (10) The applicant's financial responsibility, experience, | 21232 |
| character, and general fitness command the confidence of the | 21233 |
| public and warrant the belief that the business will be operated | 21234 |
| honestly and fairly in compliance with the purposes of sections | 21235 |
| 1322.01 to 1322.12 of the Revised Code. | 21236 |
| For purposes of determining whether an applicant that is a | 21237 |
| partnership, corporation, or other business entity or association | 21238 |
| has met the conditions set forth in divisions (A)(7), (A)(8), and | 21239 |
| (A)(10) of this section, the superintendent shall determine which | 21240 |
| partners, shareholders, or persons named in the application | 21241 |
| pursuant to division (A)(2) of section 1322.03 of the Revised Code | 21242 |
| must meet the conditions set forth in divisions (A)(7), (A)(8), | 21243 |
| and (A)(10) of this section. This determination shall be based on | 21244 |
| the extent and nature of the partner's, shareholder's, or person's | 21245 |
| ownership interest in the partnership, corporation, or other | 21246 |
| business entity or association that is the applicant. | 21247 |
| (B) The certificate of registration issued pursuant to | 21248 |
| division (A) of this section may be renewed annually on or before | 21249 |
| the thirtieth day of April if the superintendent finds that all of | 21250 |
| the following conditions are met: | 21251 |
| (1) The renewal application is accompanied by a nonrefundable | 21252 |
|
renewal fee of | 21253 |
| of an office to be maintained by the applicant in accordance with | 21254 |
|
division (A) of section
1322.02 of the Revised
Code | 21255 |
| 21256 | |
| 21257 | |
| check or other draft instrument is returned to the superintendent | 21258 |
| for insufficient funds, the superintendent shall notify the | 21259 |
| registrant by certified mail, return receipt requested, that the | 21260 |
| certificate of registration renewed in reliance on the check or | 21261 |
| other draft instrument will be canceled unless the registrant, | 21262 |
| within thirty days after receipt of the notice, submits the | 21263 |
| renewal fee and a one-hundred-dollar penalty to the | 21264 |
| superintendent. If the registrant does not submit the renewal fee | 21265 |
| and penalty within that time period, or if any check or other | 21266 |
| draft instrument used to pay the fee or penalty is returned to the | 21267 |
| superintendent for insufficient funds, the certificate of | 21268 |
| registration shall be canceled immediately without a hearing and | 21269 |
| the registrant shall cease activity as a mortgage broker. | 21270 |
| (2) On and after January 1, 2003, the operations manager | 21271 |
| designated under division (A)(3) of section 1322.03 of the Revised | 21272 |
| Code has completed, during the immediately preceding calendar | 21273 |
| year, at least six hours of continuing education as required under | 21274 |
| section 1322.052 of the Revised Code. | 21275 |
| (3) The applicant meets the conditions set forth in divisions | 21276 |
| (A)(2) to (10) of this section. | 21277 |
| (4) The applicant's certificate of registration is not | 21278 |
| subject to an order of suspension or revocation by the | 21279 |
| superintendent. | 21280 |
| (C)(1) Subject to division (C)(2) of this section, if a | 21281 |
| renewal fee is received by the superintendent after the thirtieth | 21282 |
| day of April, the certificate of registration shall not be | 21283 |
| considered renewed, and the applicant shall cease activity as a | 21284 |
| mortgage broker and apply for a certificate of registration as a | 21285 |
| mortgage broker. | 21286 |
| (2) Division (C)(1) of this section shall not apply if the | 21287 |
| applicant, no later than the thirty-first day of May, submits the | 21288 |
| renewal fee and a one-hundred-dollar penalty to the | 21289 |
| superintendent. | 21290 |
| (D) If the person designated as the operations manager | 21291 |
| pursuant to division (A)(3) of section 1322.03 of the Revised Code | 21292 |
| is no longer the operations manager, the registrant shall do all | 21293 |
| of the following: | 21294 |
| (1) Designate another person as the operations manager; | 21295 |
| (2) Within ten days after the designation described in | 21296 |
| division (D)(1) of this section, notify the superintendent in | 21297 |
| writing of the designation; | 21298 |
| (3) Submit any additional information that the superintendent | 21299 |
| requires to establish that the newly designated operations manager | 21300 |
| complies with the experience requirements set forth in division | 21301 |
| (A)(4) of section 1322.03 of the Revised Code. | 21302 |
| Sec. 1322.041. (A) Upon the conclusion of the investigation | 21303 |
| required under division (B) of section 1322.031 of the Revised | 21304 |
| Code, the superintendent of financial institutions shall issue a | 21305 |
| loan officer license to the applicant if the superintendent finds | 21306 |
| that the following conditions are met: | 21307 |
| (1) The application is accompanied by the application fee. If | 21308 |
| a check or other draft instrument is returned to the | 21309 |
| superintendent for insufficient funds, the superintendent shall | 21310 |
| notify the licensee by certified mail, return receipt requested, | 21311 |
| that the license issued in reliance on the check or other draft | 21312 |
| instrument will be canceled unless the licensee, within thirty | 21313 |
| days after receipt of the notice, submits the application fee and | 21314 |
| a one-hundred-dollar penalty to the superintendent. If the | 21315 |
| licensee does not submit the application fee and penalty within | 21316 |
| that time period, or if any check or other draft instrument used | 21317 |
| to pay the fee or penalty is returned to the superintendent for | 21318 |
| insufficient funds, the license shall be canceled immediately | 21319 |
| without a hearing, and the licensee shall cease activity as a loan | 21320 |
| officer. | 21321 |
| (2) The applicant complies with sections 1322.01 to 1322.12 | 21322 |
| of the Revised Code. | 21323 |
| (3) The applicant has not been convicted of or pleaded guilty | 21324 |
| to any criminal offense described in division (A)(2) of section | 21325 |
| 1322.031 of the Revised Code and the applicant has not pleaded | 21326 |
| guilty to or been convicted of a violation of an existing or | 21327 |
| former law of this state, any other state, or the United States | 21328 |
| that substantially is equivalent to a criminal offense described | 21329 |
| in that division. However, if the applicant has been convicted of | 21330 |
| or pleaded guilty to any such offense other than theft, the | 21331 |
| superintendent shall not consider the offense if the applicant has | 21332 |
| proven to the superintendent, by a preponderance of the evidence, | 21333 |
| that the applicant's activities and employment record since the | 21334 |
| conviction show that the applicant is honest, truthful, and of | 21335 |
| good reputation, and there is no basis in fact for believing that | 21336 |
| the applicant will commit such an offense again. | 21337 |
| (4) The applicant has not been subject to an adverse judgment | 21338 |
| for conversion, embezzlement, misappropriation of funds, fraud, | 21339 |
| misfeasance or malfeasance, or breach of fiduciary duty, or, if | 21340 |
| the applicant has been subject to such a judgment, the applicant | 21341 |
| has proven to the superintendent, by a preponderance of the | 21342 |
| evidence, that the applicant's activities and employment record | 21343 |
| since the judgment show that the applicant is honest, truthful, | 21344 |
| and of good reputation, and there is no basis in fact for | 21345 |
| believing that the applicant will be subject to such a judgment | 21346 |
| again. | 21347 |
| (5) The applicant successfully completed the examination | 21348 |
| required under division (B) of section 1322.051 of the Revised | 21349 |
| Code and the education requirements set forth in division (A)(4) | 21350 |
| of section 1322.031 of the Revised Code. | 21351 |
| (6) The applicant's character and general fitness command the | 21352 |
| confidence of the public and warrant the belief that the business | 21353 |
| will be operated honestly and fairly in compliance with the | 21354 |
| purposes of sections 1322.01 to 1322.12 of the Revised Code. | 21355 |
| (B) The license issued under division (A) of this section may | 21356 |
| be renewed annually on or before the thirtieth day of April if the | 21357 |
| superintendent finds that all of the following conditions are met: | 21358 |
| (1) The renewal application is accompanied by a nonrefundable | 21359 |
| renewal fee of one hundred fifty dollars. If a check or other | 21360 |
| draft instrument is returned to the superintendent for | 21361 |
| insufficient funds, the superintendent shall notify the licensee | 21362 |
| by certified mail, return receipt requested, that the license | 21363 |
| renewed in reliance on the check or other draft instrument will | 21364 |
| be canceled unless the licensee, within thirty days after receipt | 21365 |
| of the notice, submits the renewal fee and a one-hundred-dollar | 21366 |
| penalty to the superintendent. If the licensee does not submit | 21367 |
| the renewal fee and penalty within that time period, or if any | 21368 |
| check or other draft instrument used to pay the fee or penalty is | 21369 |
| returned to the superintendent for insufficient funds, the | 21370 |
| license shall be canceled immediately without a hearing, and the | 21371 |
| licensee shall cease activity as a loan officer. | 21372 |
| (2) On and after January 1, 2003, the loan officer has | 21373 |
| completed, during the immediately preceding calendar year, at | 21374 |
| least six hours of continuing education as required under section | 21375 |
| 1322.052 of the Revised Code. | 21376 |
| (3) The applicant meets the conditions set forth in divisions | 21377 |
| (A)(2) to (6) of this section. | 21378 |
| (4) The applicant's license is not subject to an order of | 21379 |
| suspension or revocation by the superintendent. | 21380 |
| (C)(1) Subject to division (C)(2) of this section, if a | 21381 |
| license renewal application or renewal fee is received by the | 21382 |
| superintendent after the thirtieth day of April, the license shall | 21383 |
| not be considered renewed, and the applicant shall cease activity | 21384 |
| as a loan officer. | 21385 |
| (2) Division (C)(1) of this section shall not apply if the | 21386 |
| applicant, no later than the thirty-first day of May, submits the | 21387 |
| renewal application and fee and a one-hundred-dollar penalty to | 21388 |
| the superintendent. | 21389 |
| Sec. 1332.24. (A)(1) In accordance with section 1332.25 of | 21390 |
| the Revised Code, the director of commerce may issue to any | 21391 |
| person, or renew, a video service authorization, which | 21392 |
| authorization confers on the person the authority, subject to | 21393 |
| sections 1332.21 to 1332.34 of the Revised Code, to provide video | 21394 |
| service in its video service area; construct and operate a video | 21395 |
| service network in, along, across, or on public rights-of-way for | 21396 |
| the provision of video service; and, when necessary to provide | 21397 |
| that service, exercise the power of a telegraph company under | 21398 |
| section 4931.04 of the Revised Code. The term of a video service | 21399 |
| authorization or authorization renewal shall be ten years. | 21400 |
| (2) For the purposes of the "Cable Communications Policy Act | 21401 |
| of 1984," Pub. L. No. 98-549, 98 Stat. 2779, 47 U.S.C. 521 et | 21402 |
| seq., a video service authorization shall constitute a franchise | 21403 |
| under that law, and the director shall be the sole franchising | 21404 |
| authority under that law for video service authorizations in this | 21405 |
| state. | 21406 |
| (3) The director may impose upon and collect an annual | 21407 |
| assessment on video service providers. All money collected under | 21408 |
| division (A)(3) of this section shall be deposited to the credit | 21409 |
| of the video service authorization fund created under section | 21410 |
| 1332.25 of the Revised Code. The total amount assessed in a fiscal | 21411 |
| year shall not exceed the lesser of three hundred fifty thousand | 21412 |
| dollars or, as shall be determined annually by the director, the | 21413 |
| department's actual, current fiscal year administrative costs in | 21414 |
| carrying out its duties under sections 1332.21 to 1332.34 of the | 21415 |
| Revised Code. The director shall allocate that total amount | 21416 |
| proportionately among the video service providers to be | 21417 |
| assessed, using a formula based on subscriber counts as of the | 21418 |
| thirty-first day of December of the preceding calendar year, which | 21419 |
| counts shall be submitted to the director not later than October | 21420 |
| 9, 2009, initially and by the thirty-first day of January of each | 21421 |
| subsequent year, via a notarized statement signed by an | 21422 |
| authorized officer. Any information submitted by a video service | 21423 |
| provider to the director for the purpose of determining | 21424 |
| subscriber counts shall be considered trade secret information, | 21425 |
| shall not be disclosed except by court order, and shall not | 21426 |
| constitute a public record under section 149.43 of the Revised | 21427 |
| Code. By October 16, 2009, initially and on or about the first | 21428 |
| day of June of each subsequent year, the director shall send to | 21429 |
| each video service provider to be assessed written notice of | 21430 |
| its proportional amount of the total assessment. The provider | 21431 |
| shall pay that amount on a quarterly basis not later than | 21432 |
| forty-five days after the end of each calendar quarter. | 21433 |
| (B)(1) The director may investigate alleged violations of or | 21434 |
| failures to comply with division (A) of section 1332.23, division | 21435 |
| (A) of this section, division (C) of section 1332.25, division | 21436 |
| (C) or (D) of section 1332.26, division (A), (B), or (C) of | 21437 |
| section 1332.27, division (A) of section 1332.28, division (A) or | 21438 |
| (B) of section 1332.29, or section 1332.30 or 1332.31 of the | 21439 |
| Revised Code, or complaints concerning any such violation or | 21440 |
| failure. Except as provided in this section, the director has no | 21441 |
| authority to regulate video service in this state, including, but | 21442 |
| not limited to, the rates, terms, or conditions of that service. | 21443 |
| (2) In conducting an investigation under division (B)(1) of | 21444 |
| this section, the director, by subpoena, may compel witnesses to | 21445 |
| testify in relation to any matter over which the director has | 21446 |
| jurisdiction and may require the production of any book, record, | 21447 |
| or other document pertaining to that matter. If a person fails to | 21448 |
| file any statement or report, obey any subpoena, give testimony, | 21449 |
| produce any book, record, or other document as required by a | 21450 |
| subpoena, or permit photocopying of any book, record, or other | 21451 |
| document subpoenaed, the court of common pleas of any county in | 21452 |
| this state, upon application made to it by the director, shall | 21453 |
| compel obedience by attachment proceedings for contempt, as in the | 21454 |
| case of disobedience of the requirements of a subpoena issued from | 21455 |
| the court or a refusal to testify. | 21456 |
| (C)(1) If the director finds that a person has violated or | 21457 |
| failed to comply with division (A) of section 1332.23, division | 21458 |
| (A) of this section, division (C) of section 1332.25, division | 21459 |
| (C) or (D) of section 1332.26, division (A), (B), or (C) of | 21460 |
| section 1332.27, division (A) of section 1332.28, division (A) or | 21461 |
| (B) of section 1332.29, or section 1332.30 or 1332.31 of the | 21462 |
| Revised Code, and the person has failed to cure the violation or | 21463 |
| failure after reasonable, written notice and reasonable time to | 21464 |
| cure, the director may do any of the following: | 21465 |
| (a) Apply to the court of common pleas of any county in this | 21466 |
| state for an order enjoining the activity or requiring compliance. | 21467 |
| Such an action shall be commenced not later than three years after | 21468 |
| the date the alleged violation or failure occurred or was | 21469 |
| reasonably discovered. Upon a showing by the director that the | 21470 |
| person has engaged in a violation or failure to comply, the court | 21471 |
| shall grant an injunction, restraining order, or other appropriate | 21472 |
| relief. | 21473 |
| (b) Enter into a written assurance of voluntary compliance | 21474 |
| with the person; | 21475 |
| (c) Pursuant to an adjudication under Chapter 119. of the | 21476 |
| Revised Code, assess a civil penalty in an amount determined by | 21477 |
| the director, including for any failure to comply with an | 21478 |
| assurance of voluntary compliance under division (C)(1)(b) of this | 21479 |
| section. The amount shall be not more than one thousand dollars | 21480 |
| for each day of violation or noncompliance, not to exceed a total | 21481 |
| of ten thousand dollars, counting all subscriber impacts as a | 21482 |
| single violation or act of noncompliance. In determining whether a | 21483 |
| civil penalty is appropriate under division (C)(1)(c) of this | 21484 |
| section, the director shall consider all of the following factors: | 21485 |
| (i) The seriousness of the noncompliance; | 21486 |
| (ii) The good faith efforts of the person to comply; | 21487 |
| (iii) The person's history of noncompliance; | 21488 |
| (iv) The financial resources of the person; | 21489 |
| (v) Any other matter that justice requires. | 21490 |
| Civil penalties collected pursuant to division (C)(1)(c) of | 21491 |
| this section shall be deposited to the credit of the video service | 21492 |
| enforcement fund in the state treasury, which is hereby created, | 21493 |
| to be used by the department of commerce in carrying out its | 21494 |
| duties under this section. | 21495 |
| (2) Pursuant to an adjudication under Chapter 119. of the | 21496 |
| Revised Code, the director may revoke, in whole or in part, the | 21497 |
| video service authorization of any person that has repeatedly and | 21498 |
| knowingly violated or failed to comply with division (A) of | 21499 |
| section 1332.23, division (A) of this section, division (C) of | 21500 |
| section 1332.25, division (C) or (D) of section 1332.26, division | 21501 |
| (A), (B), or (C) of section 1332.27, division (A) of section | 21502 |
| 1332.28, division (A) or (B) of section 1332.29, or section | 21503 |
| 1332.30 or 1332.31 of the Revised Code and that has failed to | 21504 |
| cure the violations or noncompliances after reasonable written | 21505 |
| notice and reasonable time to cure. Such person acts knowingly, | 21506 |
| regardless of the person's purpose, when the person is aware that | 21507 |
| the person's conduct will probably cause a certain result or will | 21508 |
| probably be of a certain nature. A person has knowledge of | 21509 |
| circumstances when the person is aware that such circumstances | 21510 |
| probably exist. | 21511 |
| (3) The court shall conduct a de novo review in any appeal | 21512 |
| from an adjudication under division (C)(1)(c) or (C)(2) of this | 21513 |
| section. | 21514 |
| (D) The public utilities commission has no authority over a | 21515 |
| video service provider in its offering of video service or a cable | 21516 |
| operator in its offering of cable or video service, or over any | 21517 |
| person in its offering of video service pursuant to a competitive | 21518 |
| video service agreement. | 21519 |
| Sec. 1332.25. (A) An application made to the director of | 21520 |
| commerce for a video service authorization under section 1332.24 | 21521 |
| of the Revised Code shall require and contain only the following: | 21522 |
| (1) Specification of the location of the applicant's | 21523 |
| principal place of business and the names of the applicant's | 21524 |
| principal executive officers; | 21525 |
| (2) Specification of the geographic and political boundaries | 21526 |
| of the applicant's proposed video service area; | 21527 |
| (3) A general description of the type or types of | 21528 |
| technologies the applicant will use to deliver the video | 21529 |
| programming, which may include wireline, wireless, or any other | 21530 |
| alternative technology, subject, as applicable, to section 1332.29 | 21531 |
| of the Revised Code; | 21532 |
| (4) An attestation that the applicant has filed or will | 21533 |
| timely file with the federal communications commission all forms | 21534 |
| required by that agency in advance of offering video service in | 21535 |
| this state; | 21536 |
| (5) An attestation that the applicant will comply with | 21537 |
| applicable federal, state, and local laws; | 21538 |
| (6) An attestation that the applicant is legally, | 21539 |
| financially, and technically qualified to provide video service; | 21540 |
| (7) A description of the applicant's customer complaint | 21541 |
| handling process, including policies on addressing customer | 21542 |
| service issues, billing adjustments, and communication with | 21543 |
| government officials regarding customer complaints, and a local or | 21544 |
| toll-free telephone number at which a customer may contact the | 21545 |
| applicant. | 21546 |
| (B) For the purpose of division (A)(2) of this section: | 21547 |
| (1) The video service areas of video service providers may | 21548 |
| overlap. | 21549 |
| (2) A specified video service area shall be coextensive with | 21550 |
| municipal, township unincorporated area, or county boundaries, | 21551 |
| except as authorized under division (B)(3) or (4) of this section, | 21552 |
| but nothing in sections 1332.21 to 1332.34 of the Revised Code | 21553 |
| shall require a video service provider to provide access to video | 21554 |
| service within the entire video service area. | 21555 |
| (3) The specified video service area of a person using | 21556 |
|
telecommunications facilities to provide video service on | 21557 |
| 21558 | |
| person later so using telecommunications facilities shall be the | 21559 |
| geographic area in which the person offers basic local exchange | 21560 |
| service. | 21561 |
| (4) Subject to division (C)(2) of section 1332.27 of the | 21562 |
| Revised Code, the specified video service area of an applicant | 21563 |
| cable operator that offers service under a franchise in effect on | 21564 |
| 21565 | |
| shall be, at minimum, the franchise area established under that | 21566 |
| franchise. | 21567 |
| (C) A video service provider shall immediately file an | 21568 |
| application to amend its video service authorization with the | 21569 |
| director to reflect any change in the information required under | 21570 |
| division (A)(1), (2), or (3) of this section. An amendment | 21571 |
| pursuant to division (A)(2) of this section shall include any new | 21572 |
| delivery technology information required by division (A)(3) of | 21573 |
| this section. | 21574 |
| (D) Within thirty days after its filing or within thirty days | 21575 |
| after the filing of supplemental information necessary to make it | 21576 |
| complete, the director shall determine the completeness of an | 21577 |
| application filed under division (A) or (C) of this section | 21578 |
| relative to the respective requirements of divisions (A), (B), and | 21579 |
| (C) of this section and, as applicable, shall notify the applicant | 21580 |
| of an incompleteness determination, state the bases for that | 21581 |
| determination, and inform the applicant that it may resubmit a | 21582 |
| corrected application. The director shall issue a video service | 21583 |
| authorization, authorization renewal, or amended authorization | 21584 |
| within fifteen days after the director's determination that the | 21585 |
| filed application is complete. | 21586 |
| If the director does not notify the applicant regarding the | 21587 |
| completeness of the application within the time period specified | 21588 |
| in this division or does not issue the authorization requested by | 21589 |
| a completed application within the applicable time period, the | 21590 |
| application shall be deemed complete, and the authorization or | 21591 |
| amended authorization deemed issued on the forty-fifth day after | 21592 |
| the application's filing date. | 21593 |
| (E) An applicant shall pay a two thousand dollar | 21594 |
| nonrefundable fee for each application filed under division (A) of | 21595 |
| this section and a one hundred dollar nonrefundable fee for each | 21596 |
| application to amend filed under division (C) of this section. | 21597 |
| Fees collected under this division shall be deposited to the | 21598 |
| credit of the video service authorization fund in the state | 21599 |
| treasury, which is hereby created, to be used by the department of | 21600 |
|
commerce in carrying out its duties under | 21601 |
| 1332.21 to 1332.34 of the Revised Code. | 21602 |
| (F) No video service provider shall identify or make | 21603 |
| reference to an application fee under division (E) of this section | 21604 |
| or an assessment under section 1332.24 of the Revised Code on any | 21605 |
| subscriber bill or in conjunction with charging any fee to the | 21606 |
| subscriber. | 21607 |
| (G) An applicant may identify any information in its | 21608 |
| application as trade secret information, and if, upon its written | 21609 |
| request to the director, the director reasonably affirms all or | 21610 |
| part of that information as trade secret information, the | 21611 |
| information so affirmed does not constitute a public record for | 21612 |
| the purpose of section 149.43 of the Revised Code. | 21613 |
| Sec. 1333.11. As used in sections 1333.11 to 1333.21 of the | 21614 |
| Revised Code: | 21615 |
| (A) "Cost to the retailer" means the invoice cost of | 21616 |
| cigarettes to the retailer, or the replacement cost of cigarettes | 21617 |
| to the retailer within thirty days prior to the date of sale, in | 21618 |
| the quantity last purchased, whichever is lower, less all trade | 21619 |
| discounts except customary discounts for cash, to which shall be | 21620 |
| added the cost of doing business by the retailer as evidenced by | 21621 |
| the standards and the methods of accounting regularly employed by | 21622 |
| the retailer in the retailer's allocation of overhead costs and | 21623 |
| expenses, paid or incurred. "Cost to the retailer" must include, | 21624 |
| without limitation, labor, including salaries of executives and | 21625 |
| officers, rent, depreciation, selling costs, maintenance of | 21626 |
| equipment, delivery costs, all types of licenses, insurance, | 21627 |
| advertising, and taxes, exclusive of county cigarette taxes paid | 21628 |
| or payable on the cigarettes. Where the sale to the retailer is on | 21629 |
| a cash and carry basis, the cartage to the retail outlet, if | 21630 |
| performed or paid for by the retailer, shall be added to the | 21631 |
| invoice cost of the cigarettes to the retailer. In the absence of | 21632 |
| proof of a lesser or higher cost by the retailer, the cartage cost | 21633 |
| shall be three-fourths of one per cent of the invoice cost of the | 21634 |
| cigarettes to the retailer, not including the amount added thereto | 21635 |
| by the wholesaler for the face value of state and county cigarette | 21636 |
| tax stamps affixed to each package of cigarettes. | 21637 |
| (B) In the absence of proof of a lesser or higher cost of | 21638 |
| doing business by the retailer making the sale, the cost of doing | 21639 |
| business to the retailer shall be eight per cent of the invoice | 21640 |
| cost of the cigarettes to the retailer exclusive of the face value | 21641 |
| of county cigarette taxes paid on the cigarettes or of the | 21642 |
| replacement cost of the cigarettes to the retailer within thirty | 21643 |
| days prior to the date of sale in the quantity last purchased | 21644 |
| exclusive of the face value of county cigarette taxes paid on the | 21645 |
| cigarettes, whichever is lower, less all trade discounts except | 21646 |
| customary discounts for cash. | 21647 |
| (C) "Cost to the wholesaler" means the invoice cost of the | 21648 |
| cigarettes to the wholesaler, or the replacement cost of the | 21649 |
| cigarettes to the wholesaler within thirty days prior to the date | 21650 |
| of sale, in the quantity last purchased, whichever is lower, less | 21651 |
| all trade discounts except customary discounts for cash, to which | 21652 |
| shall be added the full face value of state tax stamps affixed by | 21653 |
| the wholesaler to each package of cigarettes and a wholesaler's | 21654 |
|
markup to cover in part the cost of
doing business,
| 21655 |
| 21656 | |
| cigarette tax stamps affixed by the wholesaler. In the absence of | 21657 |
| proof of a lesser or higher cost of doing business by the | 21658 |
| wholesaler as evidenced by the standards and methods of | 21659 |
| accounting regularly employed by the wholesaler in the | 21660 |
| wholesaler's allocation of overhead costs and expenses, paid or | 21661 |
| incurred, including without limitation, labor, salaries of | 21662 |
| executives and officers, rent, depreciation, selling costs, | 21663 |
| maintenance of equipment, delivery, delivery costs, all types of | 21664 |
| licenses, taxes, insurance, and advertising, the wholesaler's | 21665 |
| markup shall be three and five-tenths per cent of the sum of such | 21666 |
| invoice cost of the cigarettes to the wholesaler and the full | 21667 |
| face value of state cigarette tax stamps affixed by the | 21668 |
| wholesaler to each package of cigarettes, to which shall be added | 21669 |
|
the full
face value of | 21670 |
| affixed by the wholesaler to each package of cigarettes, or of the | 21671 |
| replacement cost of the cigarettes to the wholesaler within thirty | 21672 |
| days prior to the date of sale in the quantity last purchased, | 21673 |
| whichever is lower, less all trade discounts except customary | 21674 |
| discounts for cash. Where the sale by the wholesaler to the | 21675 |
| retailer is on a cash and carry basis, the wholesaler may, in the | 21676 |
| absence of proof of a lesser or higher cost, allow to the retailer | 21677 |
| an amount not to exceed three-fourths of one per cent of the "cost | 21678 |
| to the wholesaler" excluding the amount added thereto for the face | 21679 |
| value of state and county cigarette tax stamps affixed to each | 21680 |
| package of cigarettes. | 21681 |
| (D) Any person licensed to sell cigarettes as both a | 21682 |
| wholesaler and a retailer, who does sell cigarettes at retail, | 21683 |
| shall, in determining "cost to the retailer", first compute "cost | 21684 |
| to the wholesaler" as provided in division (C) of this section; | 21685 |
| that "cost to the wholesaler" shall then be used in lieu of the | 21686 |
| lower of either invoice cost or replacement cost less all trade | 21687 |
| discounts except customary discounts for cash in computing "cost | 21688 |
| to the retailer" as provided in divisions (A) and (B) of this | 21689 |
| section. | 21690 |
| (E) In all advertisements, offers for sale, or sales | 21691 |
| involving two or more items at a combined price and in all | 21692 |
| advertisements, offers for sale, or sales involving the giving of | 21693 |
| any concession of any kind, whether it be coupons or otherwise, | 21694 |
| the retailer's or wholesaler's selling price shall not be below | 21695 |
| the "cost to the retailer" or the "cost to wholesaler", | 21696 |
| respectively, of all articles, products, commodities, and | 21697 |
| concessions included in such transactions. | 21698 |
| (F)(1) "Sell at retail," "sales at retail," and "retail | 21699 |
| sales" include any transfer of title to tangible personal property | 21700 |
| for a valuable consideration made, in the ordinary course of trade | 21701 |
| or usual prosecution of the seller's business, to the purchaser | 21702 |
| for consumption or use. | 21703 |
| (2) "Sell at wholesale," "sales at wholesale," and "wholesale | 21704 |
| sales" include any such transfer of title to tangible personal | 21705 |
| property for the purpose of resale. | 21706 |
| (G) "Retailer" includes any person who is permitted to sell | 21707 |
| cigarettes at retail within this state under section 5743.15 of | 21708 |
| the Revised Code. | 21709 |
| (H) "Wholesaler" includes any person who is permitted to sell | 21710 |
| cigarettes at wholesale within this state under that section. | 21711 |
| (I) "Person" includes individuals, corporations, | 21712 |
| partnerships, associations, joint-stock companies, business | 21713 |
| trusts, unincorporated organizations, receivers, or trustees. | 21714 |
| (J) "County cigarette taxes" means the taxes levied under | 21715 |
| section 5743.021, 5743.024, or 5743.026 of the Revised Code. | 21716 |
| Sec. 1501.01. (A) Except where otherwise expressly provided, | 21717 |
| the director of natural resources shall formulate and institute | 21718 |
| all the policies and programs of the department of natural | 21719 |
| resources. The chief of any division of the department shall not | 21720 |
| enter into any contract, agreement, or understanding unless it is | 21721 |
| approved by the director. No appointee or employee of the | 21722 |
| director, other than the assistant director, may bind the director | 21723 |
| in a contract except when given general or special authority to do | 21724 |
| so by the director. | 21725 |
| (B) The director shall correlate and coordinate the work and | 21726 |
| activities of the divisions in the department to eliminate | 21727 |
| unnecessary duplications of effort and overlapping of functions. | 21728 |
| The chiefs of the various divisions of the department shall meet | 21729 |
| with the director at least once each month at a time and place | 21730 |
| designated by the director. | 21731 |
| The director may create advisory boards to any of those | 21732 |
| divisions in conformity with section 121.13 of the Revised Code. | 21733 |
| (C) The director may accept and expend gifts, devises, and | 21734 |
| bequests of money, lands, and other properties on behalf of the | 21735 |
| department or any division thereof under the terms set forth in | 21736 |
| section 9.20 of the Revised Code. Any political subdivision of | 21737 |
| this state may make contributions to the department for the use of | 21738 |
| the department or any division therein according to the terms of | 21739 |
| the contribution. | 21740 |
| (D) The director may publish and sell or otherwise distribute | 21741 |
| data, reports, and information. | 21742 |
| (E) The director may identify and develop the geographic | 21743 |
| information system needs for the department, which may include, | 21744 |
| but not be limited to, all of the following: | 21745 |
| (1) Assisting in the training and education of department | 21746 |
| resource managers, administrators, and other staff in the | 21747 |
| application and use of geographic information system technology; | 21748 |
| (2) Providing technical support to the department in the | 21749 |
| design, preparation of data, and use of appropriate geographic | 21750 |
| information system applications in order to help solve resource | 21751 |
| related problems and to improve the effectiveness and efficiency | 21752 |
| of department delivered services; | 21753 |
| (3) Creating, maintaining, and documenting spatial digital | 21754 |
| data bases; | 21755 |
| (4) Providing information to and otherwise assisting | 21756 |
| government officials, planners, and resource managers in | 21757 |
| understanding land use planning and resource management; | 21758 |
| (5) Providing continuing assistance to local government | 21759 |
| officials and others in natural resource digital data base | 21760 |
| development and in applying and utilizing the geographic | 21761 |
| information system for land use planning, current agricultural use | 21762 |
| value assessment, development reviews, coastal management, and | 21763 |
| other resource management activities; | 21764 |
| (6) Coordinating and administering the remote sensing needs | 21765 |
| of the department, including the collection and analysis of | 21766 |
| aerial photography, satellite data, and other data pertaining to | 21767 |
| land, water, and other resources of the state; | 21768 |
| (7) Preparing and publishing maps and digital data relating | 21769 |
| to the state's land use and land cover over time on a local, | 21770 |
| regional, and statewide basis; | 21771 |
| (8) Locating and distributing hard copy maps, digital data, | 21772 |
| aerial photography, and other resource data and information to | 21773 |
| government agencies and the public; | 21774 |
| (9) Preparing special studies and executing any other related | 21775 |
| duties, functions, and responsibilities identified by the | 21776 |
| director; | 21777 |
| (10) Entering into contracts or agreements with any agency | 21778 |
| of the United States government, any other public agency, or any | 21779 |
| private agency or organization for the performance of the duties | 21780 |
| specified in division (E) of this section or for accomplishing | 21781 |
| cooperative projects within those duties; | 21782 |
| (11) Entering into agreements with local government agencies | 21783 |
| for the purposes of land use inventories, Ohio capability | 21784 |
| analysis data layers, and other duties related to resource | 21785 |
| management. | 21786 |
| (F) The director shall adopt rules in accordance with Chapter | 21787 |
| 119. of the Revised Code to permit the department to accept by | 21788 |
| means of a credit card the payment of fees, charges, and rentals | 21789 |
| at those facilities described in section 1501.07 of the Revised | 21790 |
| Code that are operated by the department, for any data, reports, | 21791 |
| or information sold by the department, and for any other goods or | 21792 |
| services provided by the department. | 21793 |
| (G) Whenever authorized by the governor to do so, the | 21794 |
| director may appropriate property for the uses and purposes | 21795 |
| authorized to be performed by the department and on behalf of any | 21796 |
| division within the department. This authority shall be exercised | 21797 |
| in the manner provided in sections 163.01 to 163.22 of the Revised | 21798 |
| Code for the appropriation of property by the director of | 21799 |
| administrative services. This authority to appropriate property is | 21800 |
| in addition to the authority provided by law for the appropriation | 21801 |
| of property by divisions of the department. The director of | 21802 |
| natural resources also may acquire by purchase, lease, or | 21803 |
| otherwise such real and personal property rights or privileges in | 21804 |
| the name of the state as are necessary for the purposes of the | 21805 |
| department or any division therein. The director, with the | 21806 |
| approval of the governor and the attorney general, may sell, | 21807 |
| lease, or exchange portions of lands or property, real or | 21808 |
| personal, of any division of the department or grant easements or | 21809 |
| licenses for the use thereof, or enter into agreements for the | 21810 |
| sale of water from lands and waters under the administration or | 21811 |
| care of the department or any of its divisions, when the sale, | 21812 |
| lease, exchange, easement, agreement, or license for use is | 21813 |
| advantageous to the state, provided that such approval is not | 21814 |
| required for leases and contracts made under section 1501.07, | 21815 |
| 1501.09, or 1520.03 or Chapter 1523. of the Revised Code. Water | 21816 |
| may be sold from a reservoir only to the extent that the reservoir | 21817 |
| was designed to yield a supply of water for a purpose other than | 21818 |
| recreation or wildlife, and the water sold is in excess of that | 21819 |
| needed to maintain the reservoir for purposes of recreation or | 21820 |
| wildlife. | 21821 |
| Money received from such sales, leases, easements, exchanges, | 21822 |
| agreements, or licenses for use, except revenues required to be | 21823 |
| set aside or paid into depositories or trust funds for the payment | 21824 |
| of bonds issued under sections 1501.12 to 1501.15 of the Revised | 21825 |
| Code, and to maintain the required reserves therefor as provided | 21826 |
| in the orders authorizing the issuance of such bonds or the trust | 21827 |
| agreements securing such bonds, revenues required to be paid and | 21828 |
| credited pursuant to the bond proceeding applicable to obligations | 21829 |
| issued pursuant to section 154.22, and revenues generated under | 21830 |
| section 1520.05 of the Revised Code, shall be deposited in the | 21831 |
| state treasury to the credit of the fund of the division of the | 21832 |
| department having prior jurisdiction over the lands or property. | 21833 |
| If no such fund exists, the money shall be credited to the general | 21834 |
| revenue fund. All such money received from lands or properties | 21835 |
| administered by the division of wildlife shall be credited to the | 21836 |
| wildlife fund. | 21837 |
| (H) The director shall provide for the custody, safekeeping, | 21838 |
| and deposit of all moneys, checks, and drafts received by the | 21839 |
| department or its employees prior to paying them to the treasurer | 21840 |
| of state under section 113.08 of the Revised Code. | 21841 |
| (I) The director shall cooperate with the nature conservancy, | 21842 |
| other nonprofit organizations, and the United States fish and | 21843 |
| wildlife service in order to secure protection of islands in the | 21844 |
| Ohio river and the wildlife and wildlife habitat of those islands. | 21845 |
| (J) Any instrument by which real property is acquired | 21846 |
| pursuant to this section shall identify the agency of the state | 21847 |
| that has the use and benefit of the real property as specified in | 21848 |
| section 5301.012 of the Revised Code. | 21849 |
| Sec. 1501.05. All chiefs of divisions in the department of | 21850 |
| natural resources shall be appointed by the director of natural | 21851 |
| resources. The chiefs of those divisions may be removed by the | 21852 |
| director. | 21853 |
| The chief engineer of the department of natural resources | 21854 |
|
shall be a
| 21855 |
| Chapter 4733. of the Revised Code or a professional architect | 21856 |
| certified and registered under Chapter 4703. of the Revised Code. | 21857 |
| The chief of each division and the chief engineer, with the | 21858 |
| advice and consent of the director, may employ such number of | 21859 |
| technical and administrative assistants as are necessary. | 21860 |
| All employees of the department, unless specifically exempted | 21861 |
| by law, shall be employed subject to the classified civil service | 21862 |
| laws in force at the time of their employment. | 21863 |
| Sec. 1501.07. The department of natural resources through | 21864 |
| the division of parks and recreation may plan, supervise, acquire, | 21865 |
| construct, enlarge, improve, erect, equip, and furnish public | 21866 |
| service facilities such as inns, lodges, hotels, cottages, camping | 21867 |
| sites, scenic trails, picnic sites, restaurants, commissaries, | 21868 |
| golf courses, boating and bathing facilities, and other similar | 21869 |
| facilities in state parks reasonably necessary and useful in | 21870 |
| promoting the public use of state parks under its control and may | 21871 |
| purchase lands or interests in lands in the name of the state | 21872 |
| necessary for those purposes. | 21873 |
| The chief of the division of parks and recreation shall | 21874 |
| administer state parks, establish rules, fix fees and charges for | 21875 |
| admission to parks and for the use of public service facilities | 21876 |
| therein, establish rentals for the lease of lands or interests | 21877 |
| therein within a state park the chief is authorized by law to | 21878 |
| lease, and exercise all powers of the chief, in conformity with | 21879 |
| all covenants of the director of natural resources in or with | 21880 |
| respect to state park revenue bonds and trust agreements securing | 21881 |
| such bonds and all terms, provisions, and conditions of such bonds | 21882 |
| and trust agreements. In the administration of state parks with | 21883 |
| respect to which state park revenue bonds are issued and | 21884 |
| outstanding, or any part of the moneys received from fees and | 21885 |
| charges for admission to or the use of facilities, from rentals | 21886 |
| for the lease of lands or interests or facilities therein, or for | 21887 |
| the lease of public service facilities are pledged for any such | 21888 |
| bonds, the chief shall exercise the powers and perform the duties | 21889 |
| of the chief subject to the control and approval of the director. | 21890 |
| The acquisition of such lands or interests therein and facilities | 21891 |
| shall be planned with regard to the needs of the people of the | 21892 |
| state and with regard to the purposes and uses of such state parks | 21893 |
| and, except for facilities constructed in consideration of a lease | 21894 |
| under section 1501.012 of the Revised Code, shall be paid for from | 21895 |
| the state park fund created in section 1541.22 of the Revised Code | 21896 |
| or from the proceeds of the sale of bonds issued under sections | 21897 |
| 1501.12 to 1501.15 of the Revised Code. Sections 125.81 and 153.04 | 21898 |
| of the Revised Code, insofar as they require a certification by | 21899 |
| the chief of the division of capital planning and improvement, do | 21900 |
| not apply to the acquisition of lands or interests therein and | 21901 |
| public service facilities to be paid for from the proceeds of | 21902 |
| bonds issued under sections 1501.12 to 1501.15 of the Revised | 21903 |
| Code. | 21904 |
| As used in sections 1501.07 to 1501.14 of the Revised Code, | 21905 |
| state parks are all of the following: | 21906 |
| (A) State reservoirs described and identified in section | 21907 |
| 1541.06 of the Revised Code; | 21908 |
| (B) All lands or interests therein that are denominated as | 21909 |
| state parks in section 1541.083 of the Revised Code; | 21910 |
| (C) All lands or interests therein of the state identified as | 21911 |
| administered by the division of parks and recreation in the | 21912 |
| "inventory of state owned lands administered by department of | 21913 |
| natural resources as of June 1, 1963," as recorded in the journal | 21914 |
| of the director, which inventory was prepared by the real estate | 21915 |
|
section of the department and is supported by maps on file | 21916 |
|
the division
| 21917 |
| (D) All lands or interests in lands of the state hereafter | 21918 |
| designated as state parks in the journal of the director with the | 21919 |
| approval of the recreation and resources council. | 21920 |
| All such state parks shall be exclusively under the control | 21921 |
| and administration of the division of parks and recreation. With | 21922 |
| the approval of the council, the director by order may remove from | 21923 |
| the classification as state parks any of the lands or interests | 21924 |
| therein so classified by divisions (C) and (D) of this section, | 21925 |
| subject to the limitations, provisions, and conditions in any | 21926 |
| order authorizing state park revenue bonds or in any trust | 21927 |
| agreement securing such bonds. Lands or interests therein so | 21928 |
| removed shall be transferred to other divisions of the department | 21929 |
| for administration or may be sold as provided by law. Proceeds of | 21930 |
| any sale shall be used or transferred as provided in the order | 21931 |
| authorizing state park revenue bonds or in the trust agreement | 21932 |
| and, if no such provision is made, shall be transferred to the | 21933 |
| state park fund. State parks do not include any lands or interest | 21934 |
| in lands of the state administered jointly by two or more | 21935 |
| divisions of the department. The designation of lands as state | 21936 |
| parks under divisions (A) to (D) of this section shall be | 21937 |
| conclusive, and those lands shall be under the control of and | 21938 |
| administered by the division of parks and recreation. No order or | 21939 |
| proceeding designating lands as state parks or park purchase areas | 21940 |
| shall be subject to any appeal or review by any officer, board, | 21941 |
| commission, or court. | 21942 |
| Sec. 1501.30. (A) As used in sections 1501.30 to 1501.35 of | 21943 |
| the Revised Code: | 21944 |
| (1) "Consumptive use" means a use of water resources, other | 21945 |
| than a diversion, that results in a loss of that water to the | 21946 |
| basin from which it is withdrawn and includes, but is not limited | 21947 |
| to, evaporation, evapotranspiration, and incorporation of water | 21948 |
| into a product or agricultural crop. | 21949 |
| (2) "Diversion" means a withdrawal of water resources from | 21950 |
| either the Lake Erie or Ohio river drainage basin and transfer to | 21951 |
| another basin without return. "Diversion" does not include | 21952 |
| evaporative loss within the basin of withdrawal. | 21953 |
| (3) "Other great lakes states and provinces" means states | 21954 |
| other than this state that are parties to the great lakes basin | 21955 |
| compact under Chapter 6161. of the Revised Code and the Canadian | 21956 |
| provinces of Ontario and Quebec. | 21957 |
| (4) "Person" has the same meaning as in section 1.59 of the | 21958 |
| Revised Code and also includes any state, any political | 21959 |
| subdivision of a state, and any department, division, board, | 21960 |
| commission, agency, or instrumentality of a state or political | 21961 |
| subdivision of a state. | 21962 |
| (5) "Water resources" means any waters of the state that are | 21963 |
| available or may be made available to agricultural, industrial, | 21964 |
| commercial, and domestic users. | 21965 |
| (6) "Waters of the state" includes all streams, lakes, ponds, | 21966 |
| marshes, watercourses, waterways, wells, springs, irrigation | 21967 |
| systems, drainage systems, and other bodies or accumulations of | 21968 |
| water, surface and underground, natural or artificial, regardless | 21969 |
| of the depth of the strata in which underground water is located, | 21970 |
| that are situated wholly or partly within or border upon this | 21971 |
| state or are within its jurisdiction. | 21972 |
| (B) The chief of the division of soil and water resources of | 21973 |
| the department of natural resources shall define "Lake Erie | 21974 |
| drainage basin" and "Ohio river drainage basin" for the purposes | 21975 |
| of sections 1501.30 to 1501.35 of the Revised Code. | 21976 |
| Sec. 1502.12. (A) There is hereby created in the state | 21977 |
| treasury the scrap tire grant fund, consisting of moneys | 21978 |
| transferred to the fund under section 3734.82 of the Revised Code. | 21979 |
| The chief of the division of recycling and litter prevention, with | 21980 |
| the approval of the director of natural resources, may make grants | 21981 |
|
from the fund for the | 21982 |
| (1) Supporting market development activities for scrap tires | 21983 |
| and synthetic rubber from tire manufacturing processes and tire | 21984 |
| recycling processes; | 21985 |
| (2) Supporting scrap tire amnesty and cleanup events | 21986 |
|
sponsored by solid waste management districts. | 21987 |
| Grants awarded under division (A)(1) of this section may be | 21988 |
| awarded to individuals, businesses, and entities certified under | 21989 |
| division (A) of section 1502.04 of the Revised Code. | 21990 |
| (B) Projects and activities that are eligible for grants | 21991 |
| under division (A)(1) of this section shall be evaluated for | 21992 |
| funding using, at a minimum, the following criteria: | 21993 |
| (1) The degree to which a proposed project contributes to the | 21994 |
| increased use of scrap tires generated in this state; | 21995 |
| (2) The degree of local financial support for a proposed | 21996 |
| project; | 21997 |
| (3) The technical merit and quality of a proposed project. | 21998 |
| Sec. 1506.01. As used in this chapter: | 21999 |
| (A) "Coastal area" means the waters of Lake Erie, the islands | 22000 |
| in the lake, and the lands under and adjacent to the lake, | 22001 |
| including transitional areas, wetlands, and beaches. The coastal | 22002 |
| area extends in Lake Erie to the international boundary line | 22003 |
| between the United States and Canada and landward only to the | 22004 |
| extent necessary to include shorelands, the uses of which have a | 22005 |
| direct and significant impact on coastal waters as determined by | 22006 |
| the director of natural resources. | 22007 |
| (B) "Coastal management program" means the comprehensive | 22008 |
| action of the state and its political subdivisions cooperatively | 22009 |
| to preserve, protect, develop, restore, or enhance the resources | 22010 |
| of the coastal area and to ensure wise use of the land and water | 22011 |
| resources of the coastal area, giving attention to natural, | 22012 |
| cultural, historic, and aesthetic values; agricultural, | 22013 |
| recreational, energy, and economic needs; and the national | 22014 |
| interest. "Coastal management program" includes the establishment | 22015 |
| of objectives, policies, standards, and criteria concerning, | 22016 |
| without limitation, protection of air, water, wildlife, rare and | 22017 |
| endangered species, wetlands and natural areas, and other natural | 22018 |
| resources in the coastal area; management of coastal development | 22019 |
| and redevelopment; preservation and restoration of historic, | 22020 |
| cultural, and aesthetic coastal features; and public access to the | 22021 |
| coastal area for recreation purposes. | 22022 |
| (C) "Coastal management program document" means a | 22023 |
| comprehensive statement consisting of, without limitation, text, | 22024 |
| maps, and illustrations that is adopted by the director in | 22025 |
| accordance with this chapter, describes the objectives, policies, | 22026 |
| standards, and criteria of the coastal management program for | 22027 |
| guiding public and private uses of lands and waters in the coastal | 22028 |
| area, lists the governmental agencies, including, without | 22029 |
| limitation, state agencies, involved in implementing the coastal | 22030 |
| management program, describes their applicable policies and | 22031 |
| programs, and cites the statutes and rules under which they may | 22032 |
| adopt and implement those policies and programs. | 22033 |
| (D) "Person" means any agency of this state, any political | 22034 |
| subdivision of this state or of the United States, and any legal | 22035 |
| entity defined as a person under section 1.59 of the Revised Code. | 22036 |
| (E) "Director" means the director of natural resources or the | 22037 |
| director's designee. | 22038 |
| (F) "Permanent structure" means any residential, commercial, | 22039 |
| industrial, institutional, or agricultural building, any mobile | 22040 |
| home as defined in division (O) of section 4501.01 of the Revised | 22041 |
| Code, any manufactured home as defined in division (C)(4) of | 22042 |
| section 3781.06 of the Revised Code, and any septic system that | 22043 |
| receives sewage from a single-family, two-family, or three-family | 22044 |
| dwelling, but does not include any recreational vehicle as defined | 22045 |
| in section 4501.01 of the Revised Code. | 22046 |
| (G) "State agency" or "agency of the state" has the same | 22047 |
| meaning as "agency" as defined in section 111.15 of the Revised | 22048 |
| Code. | 22049 |
| (H) "Coastal flood hazard area" means any territory within | 22050 |
| the coastal area that has been identified as a flood hazard area | 22051 |
| under the "Flood Disaster Protection Act of 1973," 87 Stat. 975, | 22052 |
| 42 U.S.C.A. 4002, as amended. | 22053 |
| (I) "Coastal erosion area" means any territory included in | 22054 |
| Lake Erie coastal erosion areas identified by the director under | 22055 |
| section 1506.06 of the Revised Code. | 22056 |
| (J) "Conservancy district" means a conservancy district that | 22057 |
| is established under Chapter 6101. of the Revised Code. | 22058 |
| (K) "Park board" means the board of park commissioners of a | 22059 |
| park district that is created under Chapter 1545. of the Revised | 22060 |
| Code. | 22061 |
| (L) "Erosion control structure" means a structure that is | 22062 |
| designed solely and specifically to reduce or control erosion of | 22063 |
| the shore along or near Lake Erie, including, without limitation, | 22064 |
| revetments, seawalls, bulkheads, certain breakwaters, and similar | 22065 |
| structures. | 22066 |
| (M) "Shore structure" includes, but is not limited to, | 22067 |
| beaches; groins; revetments; bulkheads; seawalls; breakwaters; | 22068 |
| certain dikes designated by the chief of the division of soil and | 22069 |
| water resources; piers; docks; jetties; wharves; marinas; boat | 22070 |
| ramps; any associated fill or debris used as part of the | 22071 |
| construction of shore structures that may affect shore erosion, | 22072 |
| wave action, or inundation; and fill or debris that is placed | 22073 |
| along or near the shore, including bluffs, banks, or beach | 22074 |
| ridges, for the purpose of stabilizing slopes. | 22075 |
| Sec. 1507.01. There is hereby created in the department of | 22076 |
| natural resources the division of engineering to be administered | 22077 |
| by the chief engineer of the department, who shall be a | 22078 |
| professional engineer registered under Chapter 4733. of the | 22079 |
| Revised Code or a professional architect certified and registered | 22080 |
|
under Chapter 4703. of the
Revised Code. | 22081 |
| the director of natural resources, the chief engineer shall do all | 22082 |
| of the following: | 22083 |
| (A) Administer this chapter; | 22084 |
| (B) Provide engineering, architectural, land surveying, and | 22085 |
| related administrative and maintenance support services to the | 22086 |
| other divisions in the department; | 22087 |
| (C) | 22088 |
| 22089 | |
| and facility maintenance projects, including all associated | 22090 |
| 22091 | |
| surveying, inspection, and management responsibilities and | 22092 |
| requirements; | 22093 |
| (D) | 22094 |
| officer in departmental engineering, architectural, surveying, and | 22095 |
| construction matters regarding capital improvements except for | 22096 |
| those matters otherwise specifically provided for in law; | 22097 |
| (E)
| 22098 |
| 22099 |
| | 22100 |
| with the department of transportation pursuant to section 5511.05 | 22101 |
| of the Revised Code and maintain the roadway inventory of the | 22102 |
| department of natural resources; | 22103 |
| | 22104 |
| policies, procedures, and activities with the United States army | 22105 |
| corps of engineers; | 22106 |
| | 22107 |
| Employ professional and technical assistants and such other | 22108 |
| employees as are necessary for the performance of the activities | 22109 |
| required or authorized under this chapter, other work of the | 22110 |
| division, and any other work agreed to under working agreements or | 22111 |
| contractual arrangements; prescribe their duties; and fix their | 22112 |
| compensation in accordance with such schedules as are provided by | 22113 |
|
law for the
compensation of state employees | 22114 |
| (H) Except as otherwise provided in the Revised Code, | 22115 |
| coordinate and conduct all real estate functions for the | 22116 |
| department of natural resources, including at least acquisitions | 22117 |
| by purchase, lease, gift, devise, bequest, appropriation, or | 22118 |
| otherwise; grants through sales, leases, exchanges, easements, and | 22119 |
| licenses; inventories of land; and other related general | 22120 |
| management duties; | 22121 |
| (I) Coordinate such environmental matters concerning the | 22122 |
| department and the state as are necessary to comply with the | 22123 |
| "National Environmental Policy Act of 1969," 83 Stat. 852, 42 | 22124 |
| U.S.C. 4321, as amended, the "Intergovernmental Cooperation Act of | 22125 |
| 1968," 82 Stat. 1098, 31 U.S.C. 6506, and the "Federal Water | 22126 |
| Pollution Control Act," 91 Stat. 1566 (1977), 33 U.S.C. 1251, as | 22127 |
| amended, and regulations adopted under those acts; | 22128 |
| (J) Coordinate and administer compensatory mitigation grant | 22129 |
| programs and other programs for streams and wetlands as approved | 22130 |
| in accordance with certifications and permits issued under | 22131 |
| sections 401 and 404 of the "Federal Water Pollution Control | 22132 |
| Act," 91 Stat. 1566 (1977), 33 U.S.C. 1251, as amended, by the | 22133 |
| environmental protection agency and the United States army corps | 22134 |
| of engineers; | 22135 |
| (K) Coordinate all department activities associated with the | 22136 |
| completion of drainage ditch improvements in accordance with | 22137 |
| Chapters 6131. and 6133. of the Revised Code; | 22138 |
| (L) Assist the department and its divisions by providing | 22139 |
| department-wide planning, including at least master planning, | 22140 |
| comprehensive planning, capital improvements planning, and special | 22141 |
| purpose planning. | 22142 |
| Sec. 1511.01. For the purposes of this chapter: | 22143 |
| (A) "Conservation" means the wise use and management of | 22144 |
| natural resources. | 22145 |
| (B) "Critical natural resource area" means an area identified | 22146 |
| by the director of natural resources in which occurs a natural | 22147 |
| resource that requires special management because of its | 22148 |
| importance to the well-being of the surrounding communities, the | 22149 |
| region, or the state. | 22150 |
| (C) "Pollution abatement practice" means any erosion control | 22151 |
| or animal waste pollution abatement facility, structure, or | 22152 |
| procedure and the operation and management associated with it as | 22153 |
| contained in operation and management plans developed or approved | 22154 |
|
by the chief of the division of soil and water
| 22155 |
| resources or by soil and water conservation districts established | 22156 |
| under Chapter 1515. of the Revised Code. | 22157 |
| (D) "Agricultural pollution" means failure to use management | 22158 |
| or conservation practices in farming or silvicultural operations | 22159 |
| to abate wind or water erosion of the soil or to abate the | 22160 |
| degradation of the waters of the state by animal waste or soil | 22161 |
| sediment, including substances attached thereto. | 22162 |
| (E) "Waters of the state" means all streams, lakes, ponds, | 22163 |
| wetlands, watercourses, waterways, wells, springs, irrigation | 22164 |
| systems, drainage systems, and all other bodies or accumulations | 22165 |
| of water, surface and underground, natural or artificial, | 22166 |
| regardless of the depth of the strata in which underground water | 22167 |
| is located, that are situated wholly or partly within, or border | 22168 |
| upon, this state or are within its jurisdiction, except those | 22169 |
| private waters that do not combine or effect a junction with | 22170 |
| natural surface or underground waters. | 22171 |
| (F) "Operation and management plan" means a written record, | 22172 |
| developed or approved by the district board of supervisors or the | 22173 |
| chief, for the owner or operator of agricultural land or a | 22174 |
|
concentrated animal feeding | 22175 |
| implementation schedules and operational procedures for a level of | 22176 |
| management and pollution abatement practices that will abate the | 22177 |
| degradation of the waters of the state by animal waste and by soil | 22178 |
| sediment including attached pollutants. | 22179 |
| (G) "Animal waste" means animal excreta, discarded products, | 22180 |
| bedding, wash waters, waste feed, and silage drainage. "Animal | 22181 |
| waste" also includes the compost products resulting from the | 22182 |
| composting of dead animals in operations subject to section | 22183 |
| 1511.022 of the Revised Code when either of the following applies: | 22184 |
| (1) The composting is conducted by the person who raises the | 22185 |
| animals and the compost product is used in agricultural operations | 22186 |
| owned or operated by that person, regardless of whether the person | 22187 |
| owns the animals; | 22188 |
| (2) The composting is conducted by the person who owns the | 22189 |
| animals, but does not raise them and the compost product is used | 22190 |
| in agricultural operations either by a person who raises the | 22191 |
| animals or by a person who raises grain that is used to feed them | 22192 |
| and that is supplied by the owner of the animals. | 22193 |
| (H) "Composting" means the controlled decomposition of | 22194 |
| organic solid material consisting of dead animals that stabilizes | 22195 |
| the organic fraction of the material. | 22196 |
| Sec. 1511.02. The chief of the division of soil and water | 22197 |
| 22198 | |
| natural resources, shall do all of the following: | 22199 |
| (A) Provide administrative leadership to local soil and water | 22200 |
| conservation districts in planning, budgeting, staffing, and | 22201 |
| administering district programs and the training of district | 22202 |
| supervisors and personnel in their duties, responsibilities, and | 22203 |
| authorities as prescribed in this chapter and Chapter 1515. of the | 22204 |
| Revised Code; | 22205 |
| (B) Administer this chapter and Chapter 1515. of the Revised | 22206 |
| Code pertaining to state responsibilities and provide staff | 22207 |
| assistance to the Ohio soil and water conservation commission in | 22208 |
| exercising its statutory responsibilities; | 22209 |
| (C) Assist in expediting state responsibilities for watershed | 22210 |
| development and other natural resource conservation works of | 22211 |
| improvement; | 22212 |
| (D) Coordinate the development and implementation of | 22213 |
| cooperative programs and working agreements between local soil and | 22214 |
| water conservation districts and divisions or sections of the | 22215 |
| department of natural resources, or other agencies of local, | 22216 |
| state, and federal government; | 22217 |
| (E) Subject to the approval of the Ohio soil and water | 22218 |
| conservation commission, adopt, amend, or rescind rules pursuant | 22219 |
| to Chapter 119. of the Revised Code. Rules adopted pursuant to | 22220 |
| this section: | 22221 |
| (1) Shall establish technically feasible and economically | 22222 |
| reasonable standards to achieve a level of management and | 22223 |
| conservation practices in farming or silvicultural operations that | 22224 |
| will abate wind or water erosion of the soil or abate the | 22225 |
| degradation of the waters of the state by animal waste or by soil | 22226 |
| sediment including substances attached thereto, and establish | 22227 |
| criteria for determination of the acceptability of such management | 22228 |
| and conservation practices; | 22229 |
| (2) Shall establish technically feasible and economically | 22230 |
| reasonable standards to achieve a level of management and | 22231 |
| conservation practices that will abate wind or water erosion of | 22232 |
| the soil or abate the degradation of the waters of the state by | 22233 |
| soil sediment in conjunction with land grading, excavating, | 22234 |
| filling, or other soil-disturbing activities on land used or being | 22235 |
| developed for nonfarm commercial, industrial, residential, or | 22236 |
| other nonfarm purposes, and establish criteria for determination | 22237 |
| of the acceptability of such management and conservation | 22238 |
| practices. The standards shall be designed to implement applicable | 22239 |
| areawide waste treatment management plans prepared under section | 22240 |
| 208 of the "Federal Water Pollution Control Act," 86 Stat. 816 | 22241 |
| (1972), 33 U.S.C.A. 1288, as amended. The standards and criteria | 22242 |
| shall not apply in any municipal corporation or county that adopts | 22243 |
| ordinances or rules pertaining to sediment control, nor to lands | 22244 |
| being used in a strip mine operation as defined in section 1513.01 | 22245 |
| of the Revised Code, nor to lands being used in a surface mining | 22246 |
| operation as defined in section 1514.01 of the Revised Code. | 22247 |
| (3) May recommend criteria and procedures for the approval of | 22248 |
| urban sediment pollution abatement plans and issuance of permits | 22249 |
| prior to any grading, excavating, filling, or other whole or | 22250 |
| partial disturbance of five or more contiguous acres of land owned | 22251 |
| by one person or operated as one development unit and require | 22252 |
| implementation of such a plan. Areas of less than five contiguous | 22253 |
| acres are not exempt from compliance with other provisions of this | 22254 |
| chapter and rules adopted under them. | 22255 |
| (4) Shall establish procedures for administration of rules | 22256 |
| for agricultural pollution abatement and urban sediment pollution | 22257 |
| abatement and for enforcement of rules for agricultural pollution | 22258 |
| abatement; | 22259 |
| (5) Shall specify the pollution abatement practices eligible | 22260 |
| for state cost sharing and determine the conditions for | 22261 |
| eligibility, the construction standards and specifications, the | 22262 |
| useful life, the maintenance requirements, and the limits of cost | 22263 |
| sharing for those practices. Eligible practices shall be limited | 22264 |
| to practices that address agricultural or silvicultural operations | 22265 |
| and that require expenditures that are likely to exceed the | 22266 |
| economic returns to the owner or operator and that abate soil | 22267 |
| erosion or degradation of the waters of the state by animal waste | 22268 |
| or soil sediment including pollutants attached thereto. | 22269 |
| (6) | 22270 |
| 22271 | |
| 22272 | |
| 22273 | |
| 22274 | |
| 22275 | |
| 22276 | |
| 22277 |
| | 22278 |
| 22279 | |
| 22280 |
| | 22281 |
| owners or operators of agricultural land or concentrated animal | 22282 |
| feeding operations for the implementation of operation and | 22283 |
| management plans; | 22284 |
| | 22285 |
| soil and water conservation districts for urban sediment pollution | 22286 |
| abatement programs, specify the types of projects eligible for | 22287 |
| grants, establish limits on the availability of grants, and | 22288 |
| establish requirements governing the execution of projects to | 22289 |
| encourage the reduction of erosion and sedimentation associated | 22290 |
| with soil-disturbing activities; | 22291 |
| | 22292 |
| composting conducted in conjunction with agricultural operations: | 22293 |
| (a) Provide for the distribution of educational material | 22294 |
| concerning composting to the offices of the Ohio cooperative | 22295 |
| extension service for the purposes of section 1511.022 of the | 22296 |
| Revised Code; | 22297 |
| (b) Establish methods, techniques, or practices for | 22298 |
| composting dead animals, or particular types of dead animals, that | 22299 |
| are to be used at such operations, as the chief considers to be | 22300 |
| necessary or appropriate; | 22301 |
| (c) Establish requirements and procedures governing the | 22302 |
| review and approval or disapproval of composting plans by the | 22303 |
| supervisors of soil and water conservation districts under | 22304 |
|
division | 22305 |
| | 22306 |
| chief does all of the following: | 22307 |
| (a) Mails notice to each statewide organization that the | 22308 |
| chief determines represents persons or local governmental agencies | 22309 |
| who would be affected by the proposed rule, amendment thereto, or | 22310 |
| rescission thereof at least thirty-five days before any public | 22311 |
| hearing thereon; | 22312 |
| (b) Mails a copy of each proposed rule, amendment thereto, or | 22313 |
| rescission thereof to any person who requests a copy, within five | 22314 |
| days after receipt of the request; | 22315 |
| (c) Consults with appropriate state and local governmental | 22316 |
| agencies or their representatives, including statewide | 22317 |
| organizations of local governmental officials, industrial | 22318 |
| representatives, and other interested persons; | 22319 |
| (d) If the rule relates to agricultural pollution abatement, | 22320 |
| develops an economic impact statement concerning the effect of the | 22321 |
| proposed rule or amendment. | 22322 |
| | 22323 |
| standards adopted pursuant to section 3704.03 or 6111.041 of the | 22324 |
| Revised Code. Compliance with rules adopted pursuant to this | 22325 |
| section does not affect liability for noncompliance with air or | 22326 |
| water quality standards adopted pursuant to section 3704.03 or | 22327 |
| 6111.041 of the Revised Code. The application of a level of | 22328 |
| management and conservation practices recommended under this | 22329 |
| section to control windblown soil from farming operations creates | 22330 |
| a presumption of compliance with section 3704.03 of the Revised | 22331 |
| Code as that section applies to windblown soil. | 22332 |
| | 22333 |
| pollution, shall not be applicable in a municipal corporation or | 22334 |
| county that adopts ordinances or rules for urban sediment control, | 22335 |
| except that a municipal corporation or county that adopts such | 22336 |
| ordinances or rules may receive moneys for urban sediment control | 22337 |
| that are disbursed by the board of supervisors of the applicable | 22338 |
|
soil and water conservation district under
division | 22339 |
| section 1515.08 of the Revised Code. The rules shall not exempt | 22340 |
| any person from compliance with municipal ordinances enacted | 22341 |
| pursuant to Section 3 of Article XVIII, Ohio Constitution. | 22342 |
| (F) Cost share with landowners on practices established | 22343 |
| pursuant to division (E)(5) of this section as moneys are | 22344 |
| appropriated and available for that purpose. Any practice for | 22345 |
| which cost share is provided shall be maintained for its useful | 22346 |
| life. Failure to maintain a cost share practice for its useful | 22347 |
| life shall subject the landowner to full repayment to the | 22348 |
| division. | 22349 |
| (G) Issue orders requiring compliance with any rule adopted | 22350 |
| under division (E)(1) of this section or with section 1511.022 of | 22351 |
| the Revised Code. Before the chief issues an order, the chief | 22352 |
| shall afford each person allegedly liable an adjudication hearing | 22353 |
| under Chapter 119. of the Revised Code. The chief may require in | 22354 |
| an order that a person who has caused agricultural pollution by | 22355 |
| failure to comply with the standards established under division | 22356 |
| (E)(1) of this section operate under an operation and management | 22357 |
| plan approved by the chief under this section. The chief shall | 22358 |
| require in an order that a person who has failed to comply with | 22359 |
| division (A) of section 1511.022 of the Revised Code prepare a | 22360 |
| composting plan in accordance with rules adopted under division | 22361 |
| (E)(10)(c) of this section and operate in accordance with that | 22362 |
| plan or that a person who has failed to operate in accordance with | 22363 |
| such a plan begin to operate in accordance with it. Each order | 22364 |
| shall be issued in writing and contain a finding by the chief of | 22365 |
| the facts upon which the order is based and the standard that is | 22366 |
| not being met. | 22367 |
| (H) Employ field assistants and such other employees as are | 22368 |
| necessary for the performance of the work prescribed by Chapter | 22369 |
| 1515. of the Revised Code, for performance of work of the | 22370 |
| division, and as agreed to under working agreements or contractual | 22371 |
| arrangements with local soil and water conservation districts, | 22372 |
| prescribe their duties, and fix their compensation in accordance | 22373 |
| with such schedules as are provided by law for the compensation of | 22374 |
| state employees. | 22375 |
| All employees of the division, unless specifically exempted | 22376 |
| by law, shall be employed subject to the classified civil service | 22377 |
| laws in force at the time of employment. | 22378 |
| (I) In connection with new or relocated projects involving | 22379 |
| highways, underground cables, pipelines, railroads, and other | 22380 |
| improvements affecting soil and water resources, including surface | 22381 |
| and subsurface drainage: | 22382 |
| (1) Provide engineering service as is mutually agreeable to | 22383 |
| the Ohio soil and water conservation commission and the director | 22384 |
| to aid in the design and installation of soil and water | 22385 |
| conservation practices as a necessary component of such projects; | 22386 |
| (2) Maintain close liaison between the owners of lands on | 22387 |
| which the projects are executed, local soil and water conservation | 22388 |
| districts, and authorities responsible for such projects; | 22389 |
| (3) Review plans for such projects to ensure their compliance | 22390 |
| with standards developed under division (E) of this section in | 22391 |
| cooperation with the department of transportation or with any | 22392 |
| other interested agency that is engaged in soil or water | 22393 |
| conservation projects in the state in order to minimize adverse | 22394 |
| impacts on soil and water resources adjacent to or otherwise | 22395 |
| affected by these projects; | 22396 |
| (4) Recommend measures to retard erosion and protect soil and | 22397 |
| water resources through the installation of water impoundment or | 22398 |
| other soil and water conservation practices; | 22399 |
| (5) Cooperate with other agencies and subdivisions of the | 22400 |
| state to protect the agricultural status of rural lands adjacent | 22401 |
| to such projects and control adverse impacts on soil and water | 22402 |
| resources. | 22403 |
| (J) Collect, analyze, inventory, and interpret all available | 22404 |
| information pertaining to the origin, distribution, extent, use, | 22405 |
| and conservation of the soil resources of the state; | 22406 |
| (K) Prepare and maintain up-to-date reports, maps, and other | 22407 |
| materials pertaining to the soil resources of the state and their | 22408 |
| use and make that information available to governmental agencies, | 22409 |
| public officials, conservation entities, and the public; | 22410 |
| (L) Provide soil and water conservation districts with | 22411 |
| technical assistance including on-site soil investigations and | 22412 |
| soil interpretation reports on the suitability or limitations of | 22413 |
| soil to support a particular use or to plan soil conservation | 22414 |
| measures. The assistance shall be upon such terms as are mutually | 22415 |
| agreeable to the districts and the department of natural | 22416 |
| resources. | 22417 |
| (M) Assist local government officials in utilizing land use | 22418 |
| planning and zoning, current agricultural use value assessment, | 22419 |
| development reviews, and land management activities; | 22420 |
| (N) When necessary for the purposes of this chapter or | 22421 |
| Chapter 1515. of the Revised Code, develop or approve operation | 22422 |
| and management plans. | 22423 |
| This section does not restrict the excrement of domestic or | 22424 |
| farm animals defecated on land outside a concentrated animal | 22425 |
| feeding operation or runoff therefrom into the waters of the | 22426 |
| state. | 22427 |
| Sec. 1511.021. (A) Any person who owns or operates | 22428 |
| agricultural land or a concentrated animal feeding operation may | 22429 |
| develop and operate under an operation and management plan | 22430 |
| approved by the chief of the division of soil and water | 22431 |
| 22432 | |
| or by the supervisors of the local soil and water conservation | 22433 |
| district under section 1515.08 of the Revised Code. | 22434 |
| (B) Any person who wishes to make a complaint regarding | 22435 |
| nuisances involving agricultural pollution may do so orally or by | 22436 |
| submitting a written, signed, and dated complaint to the chief or | 22437 |
| to the chief's designee. After receiving an oral complaint, the | 22438 |
| chief or the chief's designee may cause an investigation to be | 22439 |
| conducted to determine whether agricultural pollution has occurred | 22440 |
| or is imminent. After receiving a written, signed, and dated | 22441 |
| complaint, the chief or the chief's designee shall cause such an | 22442 |
| investigation to be conducted. | 22443 |
| (C) In a private civil action for nuisances involving | 22444 |
| agricultural pollution, it is an affirmative defense if the person | 22445 |
| owning, operating, or otherwise responsible for agricultural land | 22446 |
| or a concentrated animal feeding operation is operating under and | 22447 |
| in substantial compliance with an approved operation and | 22448 |
| management plan developed under division (A) of this section, with | 22449 |
| an operation and management plan developed by the chief under | 22450 |
| section 1511.02 of the Revised Code or by the supervisors of the | 22451 |
| local soil and water conservation district under section 1515.08 | 22452 |
| of the Revised Code, or with an operation and management plan | 22453 |
| required by an order issued by the chief under division (G) of | 22454 |
| section 1511.02 of the Revised Code. Nothing in this section is in | 22455 |
| derogation of the authority granted to the chief in division (E) | 22456 |
| of section 1511.02 and in section 1511.07 of the Revised Code. | 22457 |
| Sec. 1511.022. (A) Any person who owns or operates an | 22458 |
| agricultural operation, or owns the animals raised by the owner or | 22459 |
| operator of an agricultural operation, and who wishes to conduct | 22460 |
| composting of dead animals resulting from the agricultural | 22461 |
| operation shall do both of the following: | 22462 |
| (1) Participate in an educational course concerning | 22463 |
| composting conducted by the Ohio cooperative extension service and | 22464 |
| obtain a certificate of completion for the course; | 22465 |
| (2) Use the appropriate method, technique, or practice of | 22466 |
|
composting established in rules adopted under division (E) | 22467 |
| of section 1511.02 of the Revised Code. | 22468 |
| (B) Any person who fails to comply with division (A) of this | 22469 |
| section shall prepare and operate under a composting plan in | 22470 |
| accordance with an order issued by the chief of the division of | 22471 |
|
soil and water | 22472 |
| section 1511.02 of the Revised Code. If the person's proposed | 22473 |
| composting plan is disapproved by the board of supervisors of the | 22474 |
| appropriate soil and water conservation district under division | 22475 |
| 22476 | |
| appeal the plan disapproval to the chief, who shall afford the | 22477 |
| person a hearing. Following the hearing, the chief shall uphold | 22478 |
| the plan disapproval or reverse it. If the chief reverses the | 22479 |
| disapproval, the plan shall be deemed approved. | 22480 |
| Sec. 1511.03. The chief of the division of soil and water | 22481 |
| 22482 | |
| with the approval of the director of natural resources, with any | 22483 |
| agency of the United States government, or any other public or | 22484 |
| private agency, or organization, for the performance of the | 22485 |
| prescribed duties of the division, or for accomplishing | 22486 |
| cooperative projects within the designated duties of the division. | 22487 |
| Sec. 1511.04. The chief of the division of soil and water | 22488 |
| 22489 | |
| natural resources, donations, grants and contributions in money, | 22490 |
| service, or equipment to enlarge or expedite the prescribed work | 22491 |
| of the division. | 22492 |
| Sec. 1511.05. The chief of the division of soil and water | 22493 |
| 22494 | |
| agreement by the soil and water conservation commission, shall | 22495 |
| enter into cooperative agreements with the board of supervisors of | 22496 |
| any soil and water conservation district desiring to enter into | 22497 |
| such agreements pursuant to section 1515.08 of the Revised Code. | 22498 |
| Such agreements shall be entered into to obtain compliance with | 22499 |
| rules and orders of the chief pertaining to agricultural pollution | 22500 |
| abatement and urban sediment pollution abatement. | 22501 |
| The chief or any person designated by the chief may upon | 22502 |
| obtaining agreement with the owner, tenant, or manager of any | 22503 |
| land, public or private, enter thereon to make inspections to | 22504 |
| determine whether or not there is compliance with the rules | 22505 |
| adopted under division (E)(1) of section 1511.02 of the Revised | 22506 |
| Code. Upon reason to believe there is a violation, the chief or | 22507 |
| 22508 | |
| common pleas for the county where the land is located may issue an | 22509 |
| appropriate inspection warrant as necessary to achieve the | 22510 |
| purposes of this chapter. | 22511 |
| Sec. 1511.06. The chief of the division of soil and water | 22512 |
| 22513 | |
| government agencies for the purpose of soil surveys, land use | 22514 |
| inventories, and other soil-related duties. | 22515 |
| Sec. 1511.07. (A)(1) No person shall fail to comply with an | 22516 |
|
order of the chief of the division of soil and water
| 22517 |
| resources issued pursuant to division (G) of section 1511.02 of | 22518 |
| the Revised Code. | 22519 |
| (2) In addition to the remedies provided and irrespective of | 22520 |
| whether an adequate remedy at law exists, the chief may apply to | 22521 |
| the court of common pleas in the county where a violation of a | 22522 |
|
standard established under division (E)(1) or | 22523 |
| section 1511.02 of the Revised Code causes pollution of the waters | 22524 |
| of the state for an order to compel the violator to cease the | 22525 |
| violation and to remove the agricultural pollutant or to comply | 22526 |
|
with the
rules adopted under
division (E) | 22527 |
| section, as appropriate. | 22528 |
| (3) In addition to the remedies provided and irrespective of | 22529 |
| whether an adequate remedy at law exists, whenever the chief | 22530 |
| officially determines that an emergency exists because of an | 22531 |
| unauthorized release, spill, or discharge of animal waste, or a | 22532 |
|
violation of a rule adopted under division (E) | 22533 |
| section 1511.02 of the Revised Code, that causes pollution of the | 22534 |
| waters of the state, the chief may, without notice or hearing, | 22535 |
| issue an order reciting the existence of the emergency and | 22536 |
| requiring that necessary action be taken to meet the emergency. | 22537 |
| The order shall be effective immediately. Any person to whom the | 22538 |
| order is directed shall comply with the order immediately, but on | 22539 |
| application to the chief shall be afforded a hearing as soon as | 22540 |
| possible, but not later than twenty days after making the | 22541 |
| application. On the basis of the hearing, the chief shall continue | 22542 |
| the order in effect, revoke it, or modify it. No emergency order | 22543 |
| shall remain in effect for more than sixty days after its | 22544 |
| issuance. If a person to whom an order is issued does not comply | 22545 |
| with the order within a reasonable period, as determined by the | 22546 |
| chief, the chief or the chief's designee may enter upon private or | 22547 |
| public lands and take action to mitigate, minimize, remove, or | 22548 |
| abate the release, spill, discharge, or conditions caused by the | 22549 |
| violation of the rule. | 22550 |
| (B) The attorney general, upon the written request of the | 22551 |
| chief, shall bring appropriate legal action in Franklin county | 22552 |
| against any person who fails to comply with an order of the chief | 22553 |
| issued pursuant to division (G) of section 1511.02 of the Revised | 22554 |
| Code. | 22555 |
| Sec. 1511.071. There is hereby created in the state treasury | 22556 |
| the agricultural pollution abatement fund, which shall be | 22557 |
| administered by the chief of the division of soil and water | 22558 |
| 22559 | |
| by the division under division (A)(3) of section 1511.07 of the | 22560 |
| Revised Code in investigating, mitigating, minimizing, removing, | 22561 |
| or abating any pollution of the waters of the state caused by an | 22562 |
| unauthorized release, spill, or discharge of animal waste into or | 22563 |
| upon the environment that requires emergency action to protect the | 22564 |
| public health. | 22565 |
| Any person responsible for causing or allowing an | 22566 |
| unauthorized release, spill, or discharge is liable to the chief | 22567 |
| for any costs incurred by the division and soil and water | 22568 |
| conservation districts in investigating, mitigating, minimizing, | 22569 |
| removing, or abating the release, spill, or discharge, regardless | 22570 |
| of whether those costs were paid out of the agricultural pollution | 22571 |
| abatement fund or any other fund of the division or a district. | 22572 |
| Upon the request of the chief, the attorney general shall bring a | 22573 |
| civil action against the responsible person to recover those | 22574 |
| costs. Moneys recovered under this section shall be paid into the | 22575 |
| agricultural pollution abatement fund. | 22576 |
| Sec. 1511.08. Any person claiming to be deprived of a right | 22577 |
|
or protection
afforded | 22578 |
|
chief of the
division of soil and water
| 22579 |
| except an order which adopts a rule, may appeal to the court of | 22580 |
| common pleas of Franklin county or the court of common pleas of | 22581 |
| the county in which the alleged violation exists. | 22582 |
| If the court finds that the order of the chief appealed from | 22583 |
| was lawful and reasonable, it shall affirm such order. If the | 22584 |
| court finds that such order was unreasonable or unlawful, it shall | 22585 |
| vacate such order and make the order which it finds the chief | 22586 |
| should have made. The judgment of the court is final unless | 22587 |
| reversed, vacated, or modified on appeal. | 22588 |
| Sec. 1514.08. (A) The chief of the division of mineral | 22589 |
| resources management may adopt, amend, and rescind rules in | 22590 |
| accordance with Chapter 119. of the Revised Code in order to | 22591 |
| prescribe procedures for submitting applications for permits, | 22592 |
| amendments to permits, and amendments to plans of mining and | 22593 |
| reclamation; filing annual reports and final reports; requesting | 22594 |
| inspection and approval of reclamation; paying permit and filing | 22595 |
| fees; and filing and obtaining the release of performance bonds | 22596 |
| deposited with the state. For the purpose of preventing damage to | 22597 |
| adjoining property or achieving one or more of the performance | 22598 |
| standards established in division (A)(10) of section 1514.02 of | 22599 |
| the Revised Code, the chief may establish classes of mining | 22600 |
| industries, based upon industrial categories, combinations of | 22601 |
| minerals produced, and geological conditions in which surface or | 22602 |
| in-stream mining operations occur, and may prescribe different | 22603 |
| rules consistent with the performance standards for each class. | 22604 |
| For the purpose of apportioning the workload of the division of | 22605 |
| mineral resources management among the quarters of the year, the | 22606 |
| rules may require that applications for permits and annual reports | 22607 |
| be filed in different quarters of the year, depending upon the | 22608 |
| county in which the operation is located. | 22609 |
| (B) The chief shall adopt rules under this section that do | 22610 |
| all of the following: | 22611 |
| (1) With respect to in-stream mining, and in consultation | 22612 |
| with the chief of the division of soil and water resources, | 22613 |
| determine periods of low flow, which are the only time periods | 22614 |
| during which in-stream mining is allowed, and develop and | 22615 |
| implement any criteria, in addition to the criteria established in | 22616 |
| section 1514.02 of the Revised Code, that the chief determines are | 22617 |
| necessary for the permitting of in-stream mining; | 22618 |
| (2) Establish criteria and procedures for approving or | 22619 |
| disapproving the transfer of a surface or in-stream mining permit | 22620 |
| under division (F) of section 1514.02 of the Revised Code; | 22621 |
| (3) Define when any of the following may be considered to be | 22622 |
| "significant" for purposes of section 1514.022 of the Revised | 22623 |
| Code: | 22624 |
| (a) An amendment to a permit issued under section 1514.02 of | 22625 |
| the Revised Code for a surface or in-stream mining operation; | 22626 |
| (b) An amendment to the plan of mining and reclamation that | 22627 |
| must be filed with an application for either permit under section | 22628 |
| 1514.02 of the Revised Code; | 22629 |
| (c) Changes to that plan of mining and reclamation that are | 22630 |
| proposed in a permit renewal application filed under section | 22631 |
| 1514.021 of the Revised Code. | 22632 |
| In defining "significant," the chief shall focus on changes | 22633 |
| that increase the likelihood that the mining operation may have a | 22634 |
| negative impact on the public. | 22635 |
| (4) Establish a framework and procedures under which the | 22636 |
| amount of any bond required to be filed under this chapter to | 22637 |
| ensure the satisfactory performance of the reclamation measures | 22638 |
| required under this chapter may be reduced by subtracting a credit | 22639 |
| based on the operator's past compliance with this chapter and | 22640 |
| rules adopted and orders issued under it. The rules also shall | 22641 |
| apply to cash, an irrevocable letter of credit, or a certificate | 22642 |
| of deposit that is on deposit in lieu of a bond. In establishing | 22643 |
| the amount of credit that an operator or applicant may receive | 22644 |
| based on past compliance, the chief may consider past compliance | 22645 |
| with respect to any permit for a surface or in-stream mining | 22646 |
| operation that has been issued in this state to the operator or | 22647 |
| applicant. | 22648 |
| (5) Establish criteria and procedures for granting a variance | 22649 |
| from compliance with the prohibitions established in divisions | 22650 |
| (E)(3) and (F)(3) of section 1514.10 of the Revised Code. The | 22651 |
| criteria shall ensure that an operator may obtain a variance only | 22652 |
| if compliance with the applicable prohibition is not necessary to | 22653 |
| prevent damage to the watercourse or surrounding areas. | 22654 |
| Sec. 1514.13. (A) The chief of the division of mineral | 22655 |
| resources management shall use the compilation of data for ground | 22656 |
| water modeling submitted under section 1514.02 of the Revised Code | 22657 |
| to establish a projected cone of depression for any surface mining | 22658 |
| operation that may result in dewatering. The chief shall consult | 22659 |
| with the chief of the division of soil and water resources when | 22660 |
| projecting a cone of depression. An applicant for a surface mining | 22661 |
| permit for such an operation may submit ground water modeling that | 22662 |
| shows a projected cone of depression for that operation to the | 22663 |
| chief, provided that the modeling complies with rules adopted by | 22664 |
| the chief regarding ground water modeling. However, the chief | 22665 |
| shall establish the projected cone of depression for the purposes | 22666 |
| of this section. | 22667 |
| The chief shall adopt, and may amend and rescind, rules in | 22668 |
| accordance with Chapter 119. of the Revised Code establishing | 22669 |
| requirements and standards governing both of the following: | 22670 |
| (1) Ground water modeling for establishing a projected cone | 22671 |
| of depression. A ground water model shall be generally accepted in | 22672 |
| the scientific community. | 22673 |
| (2) Replacement of water supplies. | 22674 |
| (B)(1) If an owner of real property who obtains all or part | 22675 |
| of the owner's water supply for domestic, agricultural, | 22676 |
| industrial, or other legitimate use from ground water has a | 22677 |
| diminution, contamination, or interruption of that water supply | 22678 |
| and the owner's real property is located within the projected cone | 22679 |
| of depression of a surface mining operation established under this | 22680 |
| section, the owner may submit a written complaint to the operator | 22681 |
| of that operation or to the chief informing the operator or the | 22682 |
| chief that there is a diminution, contamination, or interruption | 22683 |
| of the owner's water supply. The complaint shall include the | 22684 |
| owner's name, address, and telephone number. | 22685 |
| If the chief receives a written complaint, the chief | 22686 |
| immediately shall send a copy of the complaint to the operator, | 22687 |
| and the operator immediately shall respond by sending the chief a | 22688 |
| statement that explains how the operator resolved or will resolve | 22689 |
| the complaint. If the operator receives a written complaint, the | 22690 |
| operator immediately shall send to the chief a copy of the | 22691 |
| complaint and include a statement that explains how the operator | 22692 |
| resolved or will resolve the complaint. Not later than seventy-two | 22693 |
| hours after receipt of the complaint, the operator shall provide | 22694 |
| the owner a supply of water that is comparable, in quantity and | 22695 |
| quality, to the owner's water supply prior to the diminution, | 22696 |
| contamination, or interruption of the owner's water supply. The | 22697 |
| operator shall maintain that water supply until the operator | 22698 |
| provides a permanent replacement water supply to the owner under | 22699 |
| division (B)(3) of this section or until the division of mineral | 22700 |
| resources management completes the evaluation under division | 22701 |
| (B)(2) of this section, whichever is applicable. | 22702 |
| (2) A rebuttable presumption exists that the operation caused | 22703 |
| the diminution, contamination, or interruption of the owner's | 22704 |
| water supply. However, not later than fourteen days after receipt | 22705 |
| of the complaint, the operator may submit to the division | 22706 |
| information showing that the operation is not the proximate cause | 22707 |
| of the diminution, contamination, or interruption of the owner's | 22708 |
| water supply. The division shall evaluate the information | 22709 |
| submitted by the operator to determine if the presumption is | 22710 |
| rebutted. If the operator fails to rebut the presumption, the | 22711 |
| division immediately shall notify the operator that the operator | 22712 |
| failed to rebut the presumption. Not later than fourteen days | 22713 |
| after receipt of that notice, the operator shall provide the owner | 22714 |
| a permanent replacement water supply that is comparable, in | 22715 |
| quantity and quality, to the owner's water supply prior to the | 22716 |
| diminution, contamination, or interruption of the owner's water | 22717 |
| supply. If the operator rebuts the presumption, the division | 22718 |
| immediately shall notify the operator that the operator rebutted | 22719 |
| the presumption, and, upon receipt of that notice, the operator | 22720 |
| may cease providing a supply of water to the owner under division | 22721 |
| (B)(1) of this section. | 22722 |
| (3) If, within fourteen days after receipt of the complaint, | 22723 |
| the operator does not submit to the division information showing | 22724 |
| that the operation is not the proximate cause of the diminution, | 22725 |
| contamination, or interruption of the owner's water supply, the | 22726 |
| operator shall provide the owner, not later than twenty-eight days | 22727 |
| after receipt of the complaint, a permanent replacement water | 22728 |
| supply that is comparable, in quantity and quality, to the owner's | 22729 |
| water supply prior to the diminution, contamination, or | 22730 |
| interruption of the owner's water supply. | 22731 |
| (4) The division may investigate a complaint under division | 22732 |
| (B) of this section. | 22733 |
| (C) If an owner of real property who obtains all or part of | 22734 |
| the owner's water supply for domestic, agricultural, industrial, | 22735 |
| or other legitimate use from ground water has a diminution, | 22736 |
| contamination, or interruption of that water supply and the | 22737 |
| owner's real property is not located within the projected cone of | 22738 |
| depression of a surface mining operation established under this | 22739 |
| section, the owner may submit a written complaint to the operator | 22740 |
| of that operation or to the chief informing the operator or the | 22741 |
| chief that there is a diminution, contamination, or interruption | 22742 |
| of the owner's water supply. The complaint shall include the | 22743 |
| owner's name, address, and telephone number. | 22744 |
| If the operator receives a written complaint, the operator | 22745 |
| immediately shall send the chief a copy of the complaint. If the | 22746 |
| chief receives a written complaint, the chief immediately shall | 22747 |
| send the operator a copy of the complaint. The chief shall | 22748 |
| investigate any complaint submitted under this division and, upon | 22749 |
| completion of the investigation, immediately shall send the | 22750 |
| results of the investigation to the operator and to the owner that | 22751 |
| filed the complaint. | 22752 |
| An owner that submits a written complaint under this division | 22753 |
| may resolve the diminution, contamination, or interruption of the | 22754 |
| owner's water supply with the operator of that operation or may | 22755 |
| commence a civil action for that purpose. | 22756 |
| (D) An operator may request the chief to amend the plan of | 22757 |
| mining and reclamation filed with the application under section | 22758 |
| 1514.02 of the Revised Code when a ground water user may affect | 22759 |
| the projected cone of depression established for the operation | 22760 |
| under division (A) of this section. The operator shall submit | 22761 |
| additional data that reflect the ground water user's impact on the | 22762 |
| ground water. The chief shall perform ground water modeling using | 22763 |
| the additional data and may establish a revised projected cone of | 22764 |
| depression for that operation. | 22765 |
| (E) This section shall not be construed as creating, | 22766 |
| modifying, or affecting any right, liability, or remedy of surface | 22767 |
| riparian owners. | 22768 |
| Sec. 1515.08. The supervisors of a soil and water | 22769 |
| conservation district have the following powers in addition to | 22770 |
| their other powers: | 22771 |
| (A) To conduct surveys, investigations, and research relating | 22772 |
| to the character of soil erosion, floodwater and sediment damages, | 22773 |
| and the preventive and control measures and works of improvement | 22774 |
| for flood prevention and the conservation, development, | 22775 |
| utilization, and disposal of water needed within the district, and | 22776 |
| to publish the results of those surveys, investigations, or | 22777 |
| research, provided that no district shall initiate any research | 22778 |
| program except in cooperation or after consultation with the Ohio | 22779 |
| agricultural research and development center; | 22780 |
| (B) To develop plans for the conservation of soil resources, | 22781 |
| for the control and prevention of soil erosion, and for works of | 22782 |
| improvement for flood prevention and the conservation, | 22783 |
| development, utilization, and disposal of water within the | 22784 |
| district, and to publish those plans and information; | 22785 |
| (C) To implement, construct, repair, maintain, and operate | 22786 |
| preventive and control measures and other works of improvement for | 22787 |
| natural resource conservation and development and flood | 22788 |
| prevention, and the conservation, development, utilization, and | 22789 |
| disposal of water within the district on lands owned or controlled | 22790 |
| by this state or any of its agencies and on any other lands within | 22791 |
| the district, which works may include any facilities authorized | 22792 |
| under state or federal programs, and to acquire, by purchase or | 22793 |
| gift, to hold, encumber, or dispose of, and to lease real and | 22794 |
| personal property or interests in such property for those | 22795 |
| purposes; | 22796 |
| (D) To cooperate or enter into agreements with any occupier | 22797 |
| of lands within the district in the carrying on of natural | 22798 |
| resource conservation operations and works of improvement for | 22799 |
| flood prevention and the conservation, development, utilization, | 22800 |
| and management of natural resources within the district, subject | 22801 |
| to such conditions as the supervisors consider necessary; | 22802 |
| (E) To accept donations, gifts, grants, and contributions in | 22803 |
| money, service, materials, or otherwise, and to use or expend them | 22804 |
| according to their terms; | 22805 |
| (F) To adopt, amend, and rescind rules to carry into effect | 22806 |
| the purposes and powers of the district; | 22807 |
| (G) To sue and plead in the name of the district, and be sued | 22808 |
| and impleaded in the name of the district, with respect to its | 22809 |
| contracts and, as indicated in section 1515.081 of the Revised | 22810 |
| Code, certain torts of its officers, employees, or agents acting | 22811 |
| within the scope of their employment or official responsibilities, | 22812 |
| or with respect to the enforcement of its obligations and | 22813 |
| covenants made under this chapter; | 22814 |
| (H) To make and enter into all contracts, leases, and | 22815 |
| agreements and execute all instruments necessary or incidental to | 22816 |
| the performance of the duties and the execution of the powers of | 22817 |
| the district under this chapter, provided that all of the | 22818 |
| following apply: | 22819 |
| (1) Except as provided in section 307.86 of the Revised Code | 22820 |
| regarding expenditures by boards of county commissioners, when the | 22821 |
| cost under any such contract, lease, or agreement, other than | 22822 |
| compensation for personal services or rental of office space, | 22823 |
| involves an expenditure of more than the amount established in | 22824 |
| that section regarding expenditures by boards of county | 22825 |
| commissioners, the supervisors shall make a written contract with | 22826 |
| the lowest and best bidder after advertisement, for not less than | 22827 |
| two nor more than four consecutive weeks preceding the day of the | 22828 |
| opening of bids, in a newspaper of general circulation within the | 22829 |
| district and in such other publications as the supervisors | 22830 |
| determine. The notice shall state the general character of the | 22831 |
| work and materials to be furnished, the place where plans and | 22832 |
| specifications may be examined, and the time and place of | 22833 |
| receiving bids. | 22834 |
| (2) Each bid for a contract shall contain the full name of | 22835 |
| every person interested in it. | 22836 |
| (3) Each bid for a contract for the construction, demolition, | 22837 |
| alteration, repair, or reconstruction of an improvement shall meet | 22838 |
| the requirements of section 153.54 of the Revised Code. | 22839 |
| (4) Each bid for a contract, other than a contract for the | 22840 |
| construction, demolition, alteration, repair, or reconstruction of | 22841 |
| an improvement, at the discretion of the supervisors, may be | 22842 |
| accompanied by a bond or certified check on a solvent bank in an | 22843 |
| amount not to exceed five per cent of the bid, conditioned that, | 22844 |
| if the bid is accepted, a contract shall be entered into. | 22845 |
| (5) The supervisors may reject any and all bids. | 22846 |
| (I) To make agreements with the department of natural | 22847 |
| resources giving it control over lands of the district for the | 22848 |
| purpose of construction of improvements by the department under | 22849 |
| section 1501.011 of the Revised Code; | 22850 |
| (J) To charge, alter, and collect rentals and other charges | 22851 |
| for the use or services of any works of the district; | 22852 |
| (K) To enter, either in person or by designated | 22853 |
| representatives, upon lands, private or public, in the necessary | 22854 |
| discharge of their duties; | 22855 |
| (L) To enter into agreements or contracts with the department | 22856 |
| for the determination, implementation, inspection, and funding of | 22857 |
| agricultural pollution abatement and urban sediment pollution | 22858 |
| abatement measures whereby landowners, operators, managers, and | 22859 |
| developers may meet adopted state standards for a quality | 22860 |
| environment, except that failure of a district board of | 22861 |
| supervisors to negotiate an agreement or contract with the | 22862 |
| department shall authorize the division of soil and water | 22863 |
| 22864 |
| (M) To conduct demonstrations and provide information to the | 22865 |
| public regarding practices and methods for natural resource | 22866 |
| conservation, development, and utilization; | 22867 |
| (N) | 22868 |
| 22869 | |
| 22870 | |
| 22871 | |
| 22872 |
| | 22873 |
| 22874 | |
| 22875 |
| | 22876 |
| 22877 | |
| 22878 | |
| 22879 | |
| 22880 |
| | 22881 |
| 22882 | |
| 22883 | |
| 22884 | |
| 22885 | |
| 22886 | |
| 22887 | |
| 22888 | |
| 22889 | |
| 22890 |
| | 22891 |
| the division of soil and water resources to implement and | 22892 |
| administer a program for urban sediment pollution abatement and to | 22893 |
| receive and expend moneys provided by the chief for that purpose; | 22894 |
| | 22895 |
| in section 1511.01 of the Revised Code, as necessary; | 22896 |
| | 22897 |
| developed under division (A) of section 1511.021 of the Revised | 22898 |
| Code comply with the standards established under division (E)(1) | 22899 |
| of section 1511.02 of the Revised Code and to approve or | 22900 |
| disapprove the plans, based on such compliance. If an operation | 22901 |
| and management plan is disapproved, the board shall provide a | 22902 |
| written explanation to the person who submitted the plan. The | 22903 |
| person may appeal the plan disapproval to the chief, who shall | 22904 |
| afford the person a hearing. Following the hearing, the chief | 22905 |
| shall uphold the plan disapproval or reverse it. If the chief | 22906 |
| reverses the plan disapproval, the plan shall be deemed approved | 22907 |
| under this division. In the event that any person operating or | 22908 |
| owning agricultural land or a concentrated animal feeding | 22909 |
| operation in accordance with an approved operation and management | 22910 |
| plan who, in good faith, is following that plan, causes | 22911 |
| agricultural pollution, the plan shall be revised in a fashion | 22912 |
| necessary to mitigate the agricultural pollution, as determined | 22913 |
| and approved by the board of supervisors of the soil and water | 22914 |
| conservation district. | 22915 |
| | 22916 |
| with agricultural operations, to do all of the following: | 22917 |
| (1) Upon request or upon their own initiative, inspect | 22918 |
| composting at any such operation to determine whether the | 22919 |
| composting is being conducted in accordance with section 1511.022 | 22920 |
| of the Revised Code; | 22921 |
| (2) If the board determines that composting is not being so | 22922 |
| conducted, request the chief to issue an order under division (G) | 22923 |
| of section 1511.02 of the Revised Code requiring the person who is | 22924 |
| conducting the composting to prepare a composting plan in | 22925 |
|
accordance with rules adopted under division (E) | 22926 |
| section and to operate in accordance with that plan or to operate | 22927 |
| in accordance with a previously prepared plan, as applicable; | 22928 |
| (3) In accordance with rules adopted under division | 22929 |
|
(E) | 22930 |
| approve or disapprove any such composting plan. If a plan is | 22931 |
| disapproved, the board shall provide a written explanation to the | 22932 |
| person who submitted the plan. | 22933 |
| As used in division | 22934 |
| the same meaning as in section 1511.01 of the Revised Code. | 22935 |
| | 22936 |
| conducted in conjunction with agricultural operations, to assist | 22937 |
| the county auditor, upon request, in determining whether a | 22938 |
| conservation activity is a conservation practice for purposes of | 22939 |
| Chapter 929. or sections 5713.30 to 5713.37 and 5715.01 of the | 22940 |
| Revised Code. | 22941 |
| As used in this division, "conservation practice" has the | 22942 |
| same meaning as in section 5713.30 of the Revised Code. | 22943 |
| | 22944 |
| powers granted in this chapter. | 22945 |
| The director of natural resources shall make recommendations | 22946 |
| to reduce the adverse environmental effects of each project that a | 22947 |
| soil and water conservation district plans to undertake under | 22948 |
| division (A), (B), (C), or (D) of this section and that will be | 22949 |
| funded in whole or in part by moneys authorized under section | 22950 |
| 1515.16 of the Revised Code and shall disapprove any such project | 22951 |
| that the director finds will adversely affect the environment | 22952 |
| without equal or greater benefit to the public. The director's | 22953 |
| disapproval or recommendations, upon the request of the district | 22954 |
| filed in accordance with rules adopted by the Ohio soil and water | 22955 |
| conservation commission, shall be reviewed by the commission, | 22956 |
| which may confirm the director's decision, modify it, or add | 22957 |
| recommendations to or approve a project the director has | 22958 |
| disapproved. | 22959 |
| Any instrument by which real property is acquired pursuant to | 22960 |
| this section shall identify the agency of the state that has the | 22961 |
| use and benefit of the real property as specified in section | 22962 |
| 5301.012 of the Revised Code. | 22963 |
| Sec. 1515.14. Within the limits of funds appropriated to the | 22964 |
| department of natural resources and the soil and water | 22965 |
| conservation district assistance fund created in this section, | 22966 |
| there shall be paid in each calendar year to each local soil and | 22967 |
| water conservation district an amount not to exceed one dollar for | 22968 |
| each one dollar received in accordance with section 1515.10 of the | 22969 |
| Revised Code, received from tax levies in excess of the ten-mill | 22970 |
| levy limitation approved for the benefit of local soil and water | 22971 |
| conservation districts, or received from an appropriation by a | 22972 |
| municipal corporation or a township to a maximum of eight thousand | 22973 |
| dollars, provided that the Ohio soil and water conservation | 22974 |
| commission may approve payment to a district in an amount in | 22975 |
| excess of eight thousand dollars in any calendar year upon receipt | 22976 |
| of a request and justification from the district. The county | 22977 |
| auditor shall credit such payments to the special fund established | 22978 |
| pursuant to section 1515.10 of the Revised Code for the local soil | 22979 |
| and water conservation district. The department may make advances | 22980 |
| at least quarterly to each district on the basis of the estimated | 22981 |
| contribution of the state to each district. Moneys received by | 22982 |
| each district shall be expended for the purposes of the district. | 22983 |
| For the purpose of providing money to soil and water | 22984 |
| conservation districts under this section, there is hereby created | 22985 |
| in the state treasury the soil and water conservation district | 22986 |
| assistance fund consisting of money credited to it under section | 22987 |
| 3714.073 and division (A)(5) of section 3734.57 of the Revised | 22988 |
| Code. | 22989 |
| Sec. 1515.183. Upon acceptance of a petition requesting the | 22990 |
| construction of an improvement, the supervisors of a soil and | 22991 |
| water conservation district shall begin to prepare, as a guide to | 22992 |
| the board of county commissioners and the petitioners, a | 22993 |
| preliminary report regarding the proposed improvement. The | 22994 |
| supervisors shall present the completed preliminary report at the | 22995 |
| hearing that is held on the proposed improvement. | 22996 |
| The preliminary report shall include a preliminary estimate | 22997 |
| of cost, comments on the feasibility of the project, and a | 22998 |
| statement of the supervisors' opinion as to whether the benefits | 22999 |
| from the project are likely to exceed the estimated cost. The | 23000 |
| preliminary report shall identify all factors that are apparent to | 23001 |
| the supervisors, both favorable and unfavorable to the proposed | 23002 |
| improvement, so that the petitioners may be informed concerning | 23003 |
| what is involved with the construction of the improvement. | 23004 |
| In addition to reporting on the improvement as petitioned, | 23005 |
| the supervisors may submit alternate proposals to accomplish the | 23006 |
| intent of the petition. The preliminary report and all alternate | 23007 |
| proposals shall be reviewed and receive concurrence from an | 23008 |
| engineer who is employed by the division of soil and water | 23009 |
| 23010 | |
| service in the United States department of agriculture and who is | 23011 |
| responsible for providing technical assistance to the district or | 23012 |
| from any other registered professional engineer whom the | 23013 |
| supervisors choose. | 23014 |
| Sec. 1519.03. The director of natural resources, through | 23015 |
|
the chief of
the division of | 23016 |
| recreation, shall prepare and maintain a current inventory of | 23017 |
| trails, abandoned or unmaintained roads, streets, and highways, | 23018 |
| abandoned railroad rights-of-way, utility easements, canals, and | 23019 |
| other scenic or historic corridors or rights-of-way that are | 23020 |
| suitable for recreational use. The director shall prepare and | 23021 |
| publish a comprehensive plan for development of a statewide trails | 23022 |
| system to serve present and future trail recreation needs of the | 23023 |
| state. Any state department, agency, political subdivision, or | 23024 |
| planning commission shall furnish available maps, descriptions, | 23025 |
| and other pertinent information to the director or provide access | 23026 |
|
to | 23027 |
| duplication, upon request by the director, for trail inventory and | 23028 |
| planning purposes. | 23029 |
| Sec. 1520.02. (A) The director of natural resources has | 23030 |
| exclusive authority to administer, manage, and establish policies | 23031 |
| governing canal lands. | 23032 |
| (B)(1) The director may sell, lease, exchange, give, or grant | 23033 |
| all or part of the state's interest in any canal lands in | 23034 |
| accordance with section 1501.01 of the Revised Code. The director | 23035 |
| may stipulate that an appraisal or survey need not be conducted | 23036 |
| for, and may establish any terms or conditions that the director | 23037 |
| determines appropriate for, any such conveyance. | 23038 |
| Prior to proposing the conveyance of any canal lands, the | 23039 |
| director shall consider the local government needs and economic | 23040 |
| development potential with respect to the canal lands and the | 23041 |
| recreational, ecological, and historical value of the canal lands. | 23042 |
| In addition, the conveyance of canal lands shall be conducted in | 23043 |
| accordance with the director's policies governing the protection | 23044 |
| and conservation of canal lands established under this section. | 23045 |
| (2) With regard to canal lands, the chief of the division of | 23046 |
| 23047 | |
| sell, lease, or transfer minerals or mineral rights when the | 23048 |
| chief, with the approval of the director, determines that the | 23049 |
| sale, lease, or transfer is in the best interest of the state. | 23050 |
| Consideration for minerals and mineral rights shall be by rental | 23051 |
| or on a royalty basis as prescribed by the chief, with the | 23052 |
| approval of the director, and payable as prescribed by contract. | 23053 |
| Moneys collected under division (B)(2) of this section shall be | 23054 |
| paid into the state treasury to the credit of the canal lands fund | 23055 |
| created in section 1520.05 of the Revised Code. | 23056 |
| (C) The director may transfer to the Ohio historical society | 23057 |
| any equipment, maps, and records used on or related to canal lands | 23058 |
| that are of historical interest and that are not needed by the | 23059 |
| director to administer this chapter. | 23060 |
| (D) If the director determines that any canal lands are a | 23061 |
| necessary part of a county's drainage or ditch system and are not | 23062 |
| needed for any purpose of the department of natural resources, the | 23063 |
| director may sell, grant, or otherwise convey those canal lands to | 23064 |
| that county in accordance with division (B) of this section. The | 23065 |
| board of county commissioners shall accept the transfer of canal | 23066 |
| lands. | 23067 |
| (E) Notwithstanding any other section of the Revised Code, | 23068 |
| the county auditor shall transfer any canal lands conveyed under | 23069 |
| this section, and the county recorder shall record the deed for | 23070 |
| those lands in accordance with section 317.12 of the Revised Code. | 23071 |
| Sec. 1520.03. (A) The director of natural resources may | 23072 |
| appropriate real property in accordance with Chapter 163. of the | 23073 |
| Revised Code for the purpose of administering this chapter. | 23074 |
| (B)(1) The director shall operate and maintain all canals and | 23075 |
| canal reservoirs owned by the state except those canals that are | 23076 |
| operated by the Ohio historical society on July 1, 1989. | 23077 |
| (2) On behalf of the director, the division of | 23078 |
| and recreation shall have the care and control of all canals and | 23079 |
| canal reservoirs owned by the state, the water in them, and canal | 23080 |
| lands and shall protect, operate, and maintain them and keep them | 23081 |
|
in repair. The chief of the division of | 23082 |
| may remove obstructions from or on them and shall make any | 23083 |
| alterations or changes in or to them and construct any feeders, | 23084 |
| dikes, reservoirs, dams, locks, or other works, devices, or | 23085 |
| improvements in or on them that are necessary in the discharge of | 23086 |
| the chief's duties. | 23087 |
| In accordance with Chapter 119. of the Revised Code, the | 23088 |
| chief may adopt, amend, and rescind rules that are necessary for | 23089 |
| the administration of this division. | 23090 |
| (C) The director may sell or lease water from any canal or | 23091 |
| canal reservoir that the director operates and maintains only to | 23092 |
| the extent that the water is in excess of the quantity that is | 23093 |
|
required for navigation, recreation, and wildlife purposes. | 23094 |
| With the approval of the director, the chief may adopt, amend, and | 23095 |
| rescind rules in accordance with Chapter 119. of the Revised Code | 23096 |
| necessary to administer this division. | 23097 |
| The withdrawal of water from any canal or canal reservoir for | 23098 |
| domestic use is exempt from this division. However, the director | 23099 |
| may require water conservation measures for water that is | 23100 |
| withdrawn from any canal or canal reservoir for domestic use | 23101 |
| during drought conditions or other emergencies declared by the | 23102 |
| governor. | 23103 |
| (D) No person shall take or divert water from any canal or | 23104 |
| canal reservoir operated and maintained by the director except in | 23105 |
| accordance with division (C) of this section. | 23106 |
| (E) At the request of the director, the attorney general may | 23107 |
| commence a civil action for civil penalties and injunctions, in a | 23108 |
| court of common pleas, against any person who has violated or is | 23109 |
| violating division (D) of this section. The court of common pleas | 23110 |
| in which an action for injunctive relief is filed has jurisdiction | 23111 |
| to and shall grant preliminary and permanent injunctive relief | 23112 |
| upon a showing that the person against whom the action is brought | 23113 |
| has violated or is violating that division. | 23114 |
| Upon a finding of a violation, the court shall assess a civil | 23115 |
| penalty of not more than one thousand dollars for each day of each | 23116 |
| violation if the violator is an individual who took or diverted | 23117 |
| the water in question for residential or agricultural use. The | 23118 |
| court shall assess a civil penalty of not more than five thousand | 23119 |
| dollars for each day of each violation if the violator is any | 23120 |
| other person who took or diverted the water in question for | 23121 |
| industrial or commercial use excluding agricultural use. Moneys | 23122 |
| from civil penalties assessed under this division shall be paid | 23123 |
| into the state treasury to the credit of the canal lands fund | 23124 |
| created in section 1520.05 of the Revised Code. | 23125 |
| Any action under this division is a civil action, governed by | 23126 |
| the rules of civil procedure and other rules of practice and | 23127 |
| procedure applicable to civil actions. | 23128 |
| (F) As used in this section, "person" means any agency of | 23129 |
| this state, any political subdivision of this state or of the | 23130 |
| United States, or any legal entity defined as a person under | 23131 |
| section 1.59 of the Revised Code. | 23132 |
| Sec. 1521.03. The chief of the division of soil and water | 23133 |
| resources shall do all of the following: | 23134 |
| (A) Assist in an advisory capacity any properly constituted | 23135 |
| watershed district, conservancy district, or soil and water | 23136 |
| conservation district or any county, municipal corporation, or | 23137 |
| other government agency of the state in the planning of works for | 23138 |
| ground water recharge, flood mitigation, floodplain management, | 23139 |
| flood control, flow capacity and stability of streams, rivers, and | 23140 |
| watercourses, or the establishment of water conservation | 23141 |
| practices, within the limits of the appropriations for those | 23142 |
| purposes; | 23143 |
| (B) Have authority to conduct basic inventories of the water | 23144 |
| and related natural resources in each drainage basin in the state; | 23145 |
| to develop a plan on a watershed basis that will recognize the | 23146 |
| variety of uses to which water may be put and the need for its | 23147 |
| management for those uses; with the approval of the director of | 23148 |
| natural resources and the controlling board, to transfer | 23149 |
| appropriated or other funds, authorized for those inventories and | 23150 |
| plan, to any division of the department of natural resources or | 23151 |
| other state agencies for the purpose of developing pertinent data | 23152 |
| relating to the plan of water management; and to accept and expend | 23153 |
| moneys contributed by any person for implementing the development | 23154 |
| of the plan; | 23155 |
| (C) Have authority to make detailed investigations of all | 23156 |
| factors relating to floods, floodplain management, and flood | 23157 |
| control in the state with particular attention to those factors | 23158 |
| bearing upon the hydraulic and hydrologic characteristics of | 23159 |
| rivers, streams, and watercourses, recognizing the variety of uses | 23160 |
| to which water and watercourses may be put; | 23161 |
| (D) Cooperate with the United States or any agency thereof | 23162 |
| and with any political subdivision of the state in planning and | 23163 |
| constructing flood control works; | 23164 |
| (E) Hold meetings or public hearings, whichever is considered | 23165 |
| appropriate by the chief, to assist in the resolution of conflicts | 23166 |
| between ground water users. Such meetings or hearings shall be | 23167 |
| called upon written request from boards of health of city or | 23168 |
| general health districts created by or under the authority of | 23169 |
| Chapter 3709. of the Revised Code or authorities having the duties | 23170 |
| of a board of health as authorized by section 3709.05 of the | 23171 |
| Revised Code, boards of county commissioners, boards of township | 23172 |
| trustees, legislative authorities of municipal corporations, or | 23173 |
| boards of directors of conservancy districts and may be called by | 23174 |
| the chief upon the request of any other person or at the chief's | 23175 |
| discretion. The chief shall collect and present at such meetings | 23176 |
| or hearings the available technical information relevant to the | 23177 |
| conflicts and to the ground water resource. The chief shall | 23178 |
| prepare a report, and may make recommendations, based upon the | 23179 |
| available technical data and the record of the meetings or | 23180 |
| hearings, about the use of the ground water resource. In making | 23181 |
| the report and any recommendations, the chief also may consider | 23182 |
| the factors listed in division (B) of section 1521.17 of the | 23183 |
| Revised Code. The technical information presented, the report | 23184 |
| prepared, and any recommendations made under this division shall | 23185 |
| be presumed to be prima-facie authentic and admissible as evidence | 23186 |
| in any court pursuant to Evidence Rule 902. | 23187 |
| (F) Perform stream or ground water gauging and may contract | 23188 |
| with the United States government or any other agency for the | 23189 |
| gauging of any streams or ground water within the state; | 23190 |
| (G) Primarily with regard to water quantity, have authority | 23191 |
| to collect, study, map, and interpret all available information, | 23192 |
| statistics, and data pertaining to the availability, supply, use, | 23193 |
| conservation, and replenishment of the ground and surface waters | 23194 |
| in the state in coordination with other agencies of this state; | 23195 |
| (H) Primarily with regard to water quantity and availability, | 23196 |
| be authorized to cooperate with and negotiate for the state with | 23197 |
| any agency of the United States government, of this state, or of | 23198 |
| any other state pertaining to the water resources of the state; | 23199 |
| (I) Provide engineering support for the coastal management | 23200 |
| program established under Chapter 1506. of the Revised Code. | 23201 |
| Sec. 1521.031. There is hereby created in the department of | 23202 |
| natural resources the Ohio water advisory council. The council | 23203 |
| shall consist of seven members appointed by the governor with the | 23204 |
| advice and consent of the senate. No more than four of the members | 23205 |
| shall be of the same political party. Members shall be persons who | 23206 |
| have a demonstrated interest in water management and whose | 23207 |
| expertise reflects the various responsibilities of the division of | 23208 |
| soil and water resources under this chapter and Chapter 1523. of | 23209 |
| the Revised Code, including, but not limited to, dam safety, | 23210 |
| surface water, groundwater, and flood plain management. The chief | 23211 |
| of the division of soil and water resources may participate in the | 23212 |
| deliberations of the council, but shall not vote. | 23213 |
| Terms of office of members shall be for two years commencing | 23214 |
| on the second day of February and ending on the first day of | 23215 |
| February. Each member shall hold office from the date of | 23216 |
|
appointment until the end of the term for which | 23217 |
| The governor may remove any member at any time for inefficiency, | 23218 |
| neglect of duty, or malfeasance in office. In the event of the | 23219 |
| death, removal, resignation, or incapacity of any member, the | 23220 |
| governor, with the advice and consent of the senate, shall appoint | 23221 |
| a successor to hold office for the remainder of the term for which | 23222 |
| 23223 | |
|
continue in office following the expiration date of | 23224 |
|
member's term
until | 23225 |
| until sixty days have elapsed, whichever occurs first. Membership | 23226 |
| on the council does not constitute holding a public office or | 23227 |
| position of employment under the Revised Code and is not grounds | 23228 |
| for removal of public officers or employees from their offices or | 23229 |
| positions of employment. | 23230 |
| The council annually shall select from its members a
| 23231 |
| chairperson and a | 23232 |
| shall hold at least one meeting each calendar quarter and shall | 23233 |
| keep a record of its proceedings, which shall be open to the | 23234 |
| public for inspection. Special meetings may be called by the | 23235 |
| 23236 | |
| of two or more members. A majority of the members constitutes a | 23237 |
| quorum. The division shall furnish clerical, technical, legal, and | 23238 |
| other services required by the council in the performance of its | 23239 |
| duties. | 23240 |
| Members shall receive no compensation, but shall be | 23241 |
| reimbursed from the appropriations for the division for the actual | 23242 |
| and necessary expenses incurred by them in the performance of | 23243 |
| their official duties. | 23244 |
| The council shall: | 23245 |
| (A) Advise the chief of the division of soil and water | 23246 |
| resources in carrying out the duties of the division under this | 23247 |
| chapter and Chapter 1523. of the Revised Code; | 23248 |
| (B) Recommend such policy and legislation with respect to | 23249 |
| water management and conservation as will promote the economic, | 23250 |
| industrial, and social development of the state while minimizing | 23251 |
| threats to the state's natural environment; | 23252 |
| (C) Review and make recommendations on the development of | 23253 |
| plans and programs for long-term, comprehensive water management | 23254 |
| throughout the state; and | 23255 |
| (D) Recommend ways to enhance cooperation among governmental | 23256 |
| agencies having an interest in water to encourage wise use and | 23257 |
| protection of the state's ground and surface waters. To this end, | 23258 |
| the council shall request nonvoting representation from | 23259 |
| appropriate governmental agencies. | 23260 |
| Sec. 1521.04. The chief of the division of soil and water | 23261 |
| resources, with the approval of the director of natural resources, | 23262 |
| may make loans and grants from the water management fund created | 23263 |
| in section 1501.32 of the Revised Code to governmental agencies | 23264 |
| for water management, water supply improvements, and planning and | 23265 |
| may administer grants from the federal government and from other | 23266 |
| public or private sources for carrying out those functions and for | 23267 |
| the performance of any acts that may be required by the United | 23268 |
| States or by any agency or department thereof as a condition for | 23269 |
| the participation by any governmental agency in any federal | 23270 |
| financial or technical assistance program. Direct and indirect | 23271 |
| costs of administration may be paid from the fund. | 23272 |
| The chief may use the water management fund for the purposes | 23273 |
| of administering the water diversion and consumptive use permit | 23274 |
| programs established in sections 1501.30 to 1501.35 of the Revised | 23275 |
| Code; to perform watershed and water resources studies for the | 23276 |
| purposes of water management planning; and to acquire, construct, | 23277 |
| reconstruct, improve, equip, maintain, operate, and dispose of | 23278 |
| water management improvements. The chief may fix, alter, charge, | 23279 |
| and collect rates, fees, rentals, and other charges to be paid | 23280 |
| into the fund by governmental agencies and persons who are | 23281 |
| supplied with water by facilities constructed or operated by the | 23282 |
| department of natural resources in order to amortize and defray | 23283 |
| the cost of the construction, maintenance, and operation of those | 23284 |
| facilities. | 23285 |
| Sec. 1521.05. (A) As used in this section: | 23286 |
| (1) "Construct" or "construction" includes drilling, boring, | 23287 |
| digging, deepening, altering, and logging. | 23288 |
| (2) "Altering" means changing the configuration of a well, | 23289 |
| including, without limitation, deepening a well, extending or | 23290 |
| replacing any portion of the inside or outside casing or wall of a | 23291 |
| well that extends below ground level, plugging a portion of a well | 23292 |
| back to a certain depth, and reaming out a well to enlarge its | 23293 |
| original diameter. | 23294 |
| (3) "Logging" means describing the lithology, grain size, | 23295 |
| color, and texture of the formations encountered during the | 23296 |
| drilling, boring, digging, deepening, or altering of a well. | 23297 |
| (4) "Grouting" means neat cement; bentonite products in | 23298 |
| slurry, granular, or pelletized form, excluding drilling mud or | 23299 |
| fluids; or any combination of neat cement and bentonite products | 23300 |
| that is placed within a well to seal the annular space or to seal | 23301 |
| an abandoned well and that is impervious to and capable of | 23302 |
| preventing the movement of water. | 23303 |
| (5) "Abandoned well" means a well whose use has been | 23304 |
| permanently discontinued and that poses potential health and | 23305 |
| safety hazards or that has the potential to transmit surface | 23306 |
| contaminants into the aquifer in which the well has been | 23307 |
| constructed. | 23308 |
| (6) "Sealing" means the complete filling of an abandoned well | 23309 |
| with grouting or other approved materials in order to permanently | 23310 |
| prevent the vertical movement of water in the well and thus | 23311 |
| prevent the contamination of ground water or the intermixing of | 23312 |
| water between aquifers. | 23313 |
| (B) Any person that constructs a well shall keep a careful | 23314 |
| and accurate log of the construction of the well. The log shall | 23315 |
| show all of the following: | 23316 |
| (1) The character, including, without limitation, the | 23317 |
| lithology, color, texture, and grain size, the name, if known, and | 23318 |
| the depth of all formations passed through or encountered; | 23319 |
| (2) The depths at which water is encountered; | 23320 |
| (3) The static water level of the completed well; | 23321 |
| (4) A copy of the record of all pumping tests and analyses | 23322 |
| related to those tests, if any; | 23323 |
| (5) Construction details, including lengths, diameters, and | 23324 |
| thicknesses of casing and screening and the volume, type of | 23325 |
| material, and method of introducing gravel packing and grouting | 23326 |
| into the well; | 23327 |
| (6) The type of pumping equipment installed, if any; | 23328 |
| (7) The name of the owner of the well, the address of the | 23329 |
| location where the well was constructed, and either the state | 23330 |
| plane coordinates or the latitude and longitude of the well; | 23331 |
| (8) The signature of the individual who constructed the well | 23332 |
| and filed the well log; | 23333 |
| (9) Any other information required by the chief of the | 23334 |
| division of soil and water resources. | 23335 |
| The log shall be | 23336 |
| and water resources within thirty days after the completion of | 23337 |
| construction of the well on forms prescribed and prepared by the | 23338 |
| division. The log shall be kept on file by the division. | 23339 |
| (C) Any person that seals a well shall keep a careful and | 23340 |
| accurate report of the sealing of the well. The sealing report | 23341 |
| shall show all of the following: | 23342 |
| (1) The name of the owner of the well, the address of the | 23343 |
| location where the well was constructed, and either the state | 23344 |
| plane coordinates or the latitude and longitude of the well; | 23345 |
| (2) The depth of the well, the size and length of its casing, | 23346 |
| and the static water level of the well; | 23347 |
| (3) The sealing procedures, including the volume and type of | 23348 |
| sealing material or materials and the method and depth of | 23349 |
| placement of each material; | 23350 |
| (4) The date on which the sealing was performed; | 23351 |
| (5) The signature of the individual who sealed the well and | 23352 |
| filed the sealing report; | 23353 |
| (6) Any other information required by the chief. | 23354 |
|
The sealing report shall be | 23355 |
| division within thirty days after the completion of the sealing of | 23356 |
| the well on forms prescribed and prepared by the division. | 23357 |
| (D) In accordance with Chapter 119. of the Revised Code, the | 23358 |
| chief may adopt, amend, and rescind rules requiring other persons | 23359 |
| that are involved in the construction or subsequent development of | 23360 |
| a well to submit well logs under division (B) of this section | 23361 |
| containing any or all of the information specified in divisions | 23362 |
| (B)(1) to (9) of this section and specifying additional | 23363 |
| information to be included in sealing reports required under | 23364 |
| division (C) of this section. The chief shall adopt rules | 23365 |
| establishing procedures and requirements governing the payment and | 23366 |
| collection of water well log filing fees, including the amount of | 23367 |
| any filing fee to be imposed as an alternative to the | 23368 |
| twenty-dollar filing fee established in division (G) of this | 23369 |
| section and including procedures for the quarterly transfer of | 23370 |
| filing fees by boards of health and the director of environmental | 23371 |
| protection under that division. | 23372 |
| (E)(1) No person shall fail to keep and | 23373 |
| log or a sealing report as required by this section. | 23374 |
| (2) No person shall make a false statement in any well log or | 23375 |
|
sealing report
required to be kept and | 23376 |
| section. Violation of division (E)(2) of this section is | 23377 |
| falsification under section 2921.13 of the Revised Code. | 23378 |
| (F) For the purposes of prosecution of a violation of | 23379 |
| division (E)(1) of this section, a prima-facie case is established | 23380 |
| when the division obtains either of the following: | 23381 |
| (1) A certified copy of a permit for a private water system | 23382 |
| issued in accordance with rules adopted under section 3701.344 of | 23383 |
| the Revised Code, or a certified copy of the invoice or a canceled | 23384 |
| check from the owner of a well indicating the construction or | 23385 |
| sealing services performed; | 23386 |
| (2) A certified copy of any permit issued under Chapter 3734. | 23387 |
| or 6111. of the Revised Code or plan approval granted under | 23388 |
| Chapter 6109. of the Revised Code for any activity that includes | 23389 |
| the construction or sealing of a well as applicable. | 23390 |
| (G) In accordance with rules adopted under this section, a | 23391 |
| person or entity that constructs a well for the purpose of | 23392 |
| extracting potable water as part of a private water system that | 23393 |
| is subject to rules adopted under section 3701.344 of the Revised | 23394 |
| Code or a public water system that is required to be licensed | 23395 |
| under Chapter 6109. of the Revised Code shall pay a well log | 23396 |
| filing fee of twenty dollars per well log or, if the chief has | 23397 |
| adopted rules establishing an alternative fee amount, the fee | 23398 |
| amount established under rules. The fee shall be collected by a | 23399 |
| board of health under section 3701.344 of the Revised Code or the | 23400 |
| environmental protection agency under section 6109.22 of the | 23401 |
| Revised Code, as applicable. | 23402 |
| Each calendar quarter, a board of health or the environmental | 23403 |
| protection agency, as applicable, shall forward all well log | 23404 |
| filing fees collected during the previous calendar quarter to the | 23405 |
| division of soil and water resources. The fees shall be forwarded | 23406 |
| in accordance with procedures established in rules adopted under | 23407 |
| this section. | 23408 |
| Proceeds of well log filing fees shall be used by the | 23409 |
| division of soil and water resources for the purposes of | 23410 |
| acquiring, maintaining, and dispensing digital and paper records | 23411 |
| of well logs that are filed with the division. | 23412 |
| Sec. 1521.06. (A) No dam may be constructed for the purpose | 23413 |
| of storing, conserving, or retarding water, or for any other | 23414 |
| purpose, nor shall any levee be constructed for the purpose of | 23415 |
| diverting or retaining flood water, unless the person or | 23416 |
| governmental agency desiring the construction has a construction | 23417 |
| permit for the dam or levee issued by the chief of the division of | 23418 |
| soil and water resources. | 23419 |
| A construction permit is not required under this section for: | 23420 |
| (1) A dam that is or will be less than ten feet in height and | 23421 |
| that has or will have a storage capacity of not more than fifty | 23422 |
| acre-feet at the elevation of the top of the dam, as determined by | 23423 |
| the chief. For the purposes of this section, the height of a dam | 23424 |
| shall be measured from the natural stream bed or lowest ground | 23425 |
| elevation at the downstream or outside limit of the dam to the | 23426 |
| elevation of the top of the dam. | 23427 |
| (2) A dam, regardless of height, that has or will have a | 23428 |
| storage capacity of not more than fifteen acre-feet at the | 23429 |
| elevation of the top of the dam, as determined by the chief; | 23430 |
| (3) A dam, regardless of storage capacity, that is or will be | 23431 |
| six feet or less in height, as determined by the chief; | 23432 |
| (4) A dam or levee that belongs to a class exempted by the | 23433 |
| chief; | 23434 |
| (5) The repair, maintenance, improvement, alteration, or | 23435 |
| removal of a dam or levee that is subject to section 1521.062 of | 23436 |
| the Revised Code, unless the construction constitutes an | 23437 |
| enlargement or reconstruction of the structure as determined by | 23438 |
| the chief; | 23439 |
| (6) A dam or impoundment constructed under Chapter 1513. of | 23440 |
| the Revised Code. | 23441 |
| (B) Before a construction permit may be issued, three copies | 23442 |
| of the plans and specifications, including a detailed cost | 23443 |
| estimate, for the proposed construction, prepared by a registered | 23444 |
| professional engineer, together with the filing fee specified by | 23445 |
| this section and the bond or other security required by section | 23446 |
| 1521.061 of the Revised Code, shall be filed with the chief. The | 23447 |
| detailed estimate of the cost shall include all costs associated | 23448 |
| with the construction of the dam or levee, including supervision | 23449 |
| and inspection of the construction by a registered professional | 23450 |
| engineer. The filing fee shall be based on the detailed cost | 23451 |
| estimate for the proposed construction as filed with and approved | 23452 |
| by the chief, and shall be determined by the following schedule | 23453 |
| unless otherwise provided by rules adopted under this section: | 23454 |
| (1) For the first one hundred thousand dollars of estimated | 23455 |
| cost, a fee of four per cent; | 23456 |
| (2) For the next four hundred thousand dollars of estimated | 23457 |
| cost, a fee of three per cent; | 23458 |
| (3) For the next five hundred thousand dollars of estimated | 23459 |
| cost, a fee of two per cent; | 23460 |
| (4) For all costs in excess of one million dollars, a fee of | 23461 |
| one-half of one per cent. | 23462 |
| In no case shall the filing fee be less than one thousand | 23463 |
| dollars or more than one hundred thousand dollars. If the actual | 23464 |
| cost exceeds the estimated cost by more than fifteen per cent, an | 23465 |
| additional filing fee shall be required equal to the fee | 23466 |
| determined by the preceding schedule less the original filing | 23467 |
| fee. All fees collected pursuant to this section, and all fines | 23468 |
| collected pursuant to section 1521.99 of the Revised Code, shall | 23469 |
| be deposited in the state treasury to the credit of the dam | 23470 |
| safety fund, which is hereby created. Expenditures from the fund | 23471 |
| shall be made by the chief for the purpose of administering this | 23472 |
| section and sections 1521.061 and 1521.062 of the Revised Code. | 23473 |
| (C) The chief shall, within thirty days from the date of the | 23474 |
| receipt of the application, fee, and bond or other security, issue | 23475 |
| or deny a construction permit for the construction or may issue a | 23476 |
| construction permit conditioned upon the making of such changes in | 23477 |
| the plans and specifications for the construction as the chief | 23478 |
| considers advisable if the chief determines that the construction | 23479 |
| of the proposed dam or levee, in accordance with the plans and | 23480 |
| specifications filed, would endanger life, health, or property. | 23481 |
| (D) The chief may deny a construction permit after finding | 23482 |
| that a dam or levee built in accordance with the plans and | 23483 |
| specifications would endanger life, health, or property, because | 23484 |
| of improper or inadequate design, or for such other reasons as the | 23485 |
| chief may determine. | 23486 |
| In the event the chief denies a permit for the construction | 23487 |
| of the dam or levee, or issues a permit conditioned upon a making | 23488 |
| of changes in the plans or specifications for the construction, | 23489 |
| the chief shall state the reasons therefor and so notify, in | 23490 |
| writing, the person or governmental agency making the application | 23491 |
| for a permit. If the permit is denied, the chief shall return the | 23492 |
| bond or other security to the person or governmental agency making | 23493 |
| application for the permit. | 23494 |
| The decision of the chief conditioning or denying a | 23495 |
| construction permit is subject to appeal as provided in Chapter | 23496 |
| 119. of the Revised Code. A dam or levee built substantially at | 23497 |
| variance from the plans and specifications upon which a | 23498 |
| construction permit was issued is in violation of this section. | 23499 |
| The chief may at any time inspect any dam or levee, or site upon | 23500 |
| which any dam or levee is to be constructed, in order to determine | 23501 |
| whether it complies with this section. | 23502 |
| (E) A registered professional engineer shall inspect the | 23503 |
| construction for which the permit was issued during all phases of | 23504 |
| construction and shall furnish to the chief such regular reports | 23505 |
| of the engineer's inspections as the chief may require. When the | 23506 |
| chief finds that construction has been fully completed in | 23507 |
| accordance with the terms of the permit and the plans and | 23508 |
| specifications approved by the chief, the chief shall approve the | 23509 |
| construction. When one year has elapsed after approval of the | 23510 |
| completed construction, and the chief finds that within this | 23511 |
| period no fact has become apparent to indicate that the | 23512 |
| construction was not performed in accordance with the terms of the | 23513 |
| permit and the plans and specifications approved by the chief, or | 23514 |
| that the construction as performed would endanger life, health, or | 23515 |
| property, the chief shall release the bond or other security. No | 23516 |
| bond or other security shall be released until one year after | 23517 |
| final approval by the chief, unless the dam or levee has been | 23518 |
| modified so that it will not retain water and has been approved as | 23519 |
| nonhazardous after determination by the chief that the dam or | 23520 |
| levee as modified will not endanger life, health, or property. | 23521 |
| (F) When inspections required by this section are not being | 23522 |
| performed, the chief shall notify the person or governmental | 23523 |
| agency to which the permit has been issued that inspections are | 23524 |
| not being performed by the registered professional engineer and | 23525 |
| that the chief will inspect the remainder of the construction. | 23526 |
| Thereafter, the chief shall inspect the construction and the cost | 23527 |
| of inspection shall be charged against the owner. Failure of the | 23528 |
| registered professional engineer to submit required inspection | 23529 |
| reports shall be deemed notice that the engineer's inspections are | 23530 |
| not being performed. | 23531 |
| (G) The chief may order construction to cease on any dam or | 23532 |
| levee that is being built in violation of this section, and may | 23533 |
| prohibit the retention of water behind any dam or levee that has | 23534 |
| been built in violation of this section. The attorney general, | 23535 |
| upon written request of the chief, may bring an action for an | 23536 |
| injunction against any person who violates this section or to | 23537 |
| enforce an order or prohibition of the chief made pursuant to this | 23538 |
| section. | 23539 |
| (H) The chief may adopt rules in accordance with Chapter 119. | 23540 |
| of the Revised Code, for the design and construction of dams and | 23541 |
| levees for which a construction permit is required by this section | 23542 |
| or for which periodic inspection is required by section 1521.062 | 23543 |
| of the Revised Code, for establishing a filing fee schedule in | 23544 |
| lieu of the schedule established under division (B) of this | 23545 |
| section, for deposit and forfeiture of bonds and other securities | 23546 |
| required by section 1521.061 of the Revised Code, for the | 23547 |
| periodic inspection, operation, repair, improvement, alteration, | 23548 |
| or removal of all dams and levees, as specified in section | 23549 |
| 1521.062 of the Revised Code, and for establishing classes of dams | 23550 |
| or levees that are exempt from the requirements of this section | 23551 |
| and section 1521.062 of the Revised Code as being of a size, | 23552 |
| purpose, or situation that does not present a substantial hazard | 23553 |
| to life, health, or property. The chief may, by rule, limit the | 23554 |
| period during which a construction permit issued under this | 23555 |
| section is valid. The rules may allow for the extension of the | 23556 |
| period during which a permit is valid upon written request, | 23557 |
| provided that the written request includes a revised construction | 23558 |
| cost estimate, and may require the payment of an additional | 23559 |
| filing fee for the requested extension. If a construction permit | 23560 |
| expires without an extension before construction is completed, | 23561 |
| the person or agency shall apply for a new permit, and shall not | 23562 |
| continue construction until the new permit is issued. | 23563 |
| Sec. 1521.061. Except as otherwise provided in this section, | 23564 |
| a construction permit shall not be issued under section 1521.06 of | 23565 |
| the Revised Code unless the person or governmental agency applying | 23566 |
| for the permit executes and files a surety bond conditioned on | 23567 |
| completion of the dam or levee in accordance with the terms of | 23568 |
| the permit and the plans and specifications approved by the chief | 23569 |
| of the division of soil and water resources, in an amount equal | 23570 |
| to fifty per cent of the estimated cost of the project. | 23571 |
| If a permittee requests an extension of the time period | 23572 |
| during which a construction permit is valid in accordance with | 23573 |
| rules adopted under section 1521.06 of the Revised Code, the chief | 23574 |
| shall determine whether the revised construction cost estimate | 23575 |
| provided with the request exceeds the original construction cost | 23576 |
| estimate that was filed with the chief by more than twenty-five | 23577 |
| per cent. If the revised construction cost estimate exceeds the | 23578 |
| original construction cost estimate by more than twenty-five per | 23579 |
| cent, the chief may require an additional surety bond to be filed | 23580 |
| so that the total amount of the surety bonds equals at least fifty | 23581 |
| per cent of the revised construction cost estimate. | 23582 |
| The chief shall not approve any bond until it is personally | 23583 |
| signed and acknowledged by both principal and surety, or as to | 23584 |
| either by the attorney in fact thereof, with a certified copy of | 23585 |
| the power of attorney attached. The chief shall not approve the | 23586 |
| bond unless there is attached a certificate of the superintendent | 23587 |
| of insurance that the company is authorized to transact a fidelity | 23588 |
| and surety business in this state. | 23589 |
| All bonds shall be given in a form prescribed by the chief | 23590 |
| and shall run to the state as obligee. | 23591 |
| The applicant may deposit, in lieu of a bond, cash in an | 23592 |
| amount equal to the amount of the bond or United States government | 23593 |
| securities or negotiable certificates of deposit issued by any | 23594 |
| bank organized or transacting business in this state having a par | 23595 |
| value equal to or greater than the amount of the bond. Such cash | 23596 |
| or securities shall be deposited upon the same terms as bonds. If | 23597 |
| one or more certificates of deposit are deposited in lieu of a | 23598 |
| bond, the chief shall require the bank that issued any such | 23599 |
| certificate to pledge securities of the aggregate market value | 23600 |
| equal to the amount of the certificate that is in excess of the | 23601 |
| amount insured by the federal deposit insurance corporation. The | 23602 |
| securities to be pledged shall be those designated as eligible | 23603 |
| under section 135.18 of the Revised Code. The securities shall be | 23604 |
| security for the repayment of the certificate of deposit. | 23605 |
| Immediately upon a deposit of cash, securities, or | 23606 |
| certificates of deposit, the chief shall deliver them to the | 23607 |
| treasurer of state, who shall hold them in trust for the purposes | 23608 |
| for which they have been deposited. The treasurer of state is | 23609 |
| responsible for the safekeeping of such deposits. An applicant | 23610 |
| making a deposit of cash, securities, or certificates of deposit | 23611 |
| may withdraw and receive from the treasurer of state, on the | 23612 |
| written order of the chief, all or any portion of the cash, | 23613 |
| securities, or certificates of deposit, upon depositing with the | 23614 |
| treasurer of state cash, other United States government | 23615 |
| securities, or negotiable certificates of deposit issued by any | 23616 |
| bank organized or transacting business in this state equal in par | 23617 |
| value to the par value of the cash, securities, or certificates of | 23618 |
| deposit withdrawn. An applicant may demand and receive from the | 23619 |
| treasurer of state all interest or other income from any such | 23620 |
| securities or certificates as it becomes due. If securities so | 23621 |
| deposited with and in the possession of the treasurer of state | 23622 |
| mature or are called for payment by the issuer thereof, the | 23623 |
| treasurer of state, at the request of the applicant who deposited | 23624 |
| them, shall convert the proceeds of the redemption or payment of | 23625 |
| the securities into such other United States government | 23626 |
| securities, negotiable certificates of deposit issued by any bank | 23627 |
| organized or transacting business in this state, or cash as the | 23628 |
| applicant designates. | 23629 |
| When the chief finds that a person or governmental agency has | 23630 |
| failed to comply with the conditions of the person's or agency's | 23631 |
| bond, the chief shall make a finding of that fact and declare the | 23632 |
| bond, cash, securities, or certificates of deposit forfeited in | 23633 |
| the amount set by rule of the chief. The chief shall thereupon | 23634 |
| certify the total forfeiture to the attorney general, who shall | 23635 |
| proceed to collect that amount. | 23636 |
| In lieu of total forfeiture, the surety, at its option, may | 23637 |
| cause the dam or levee to be completed as required by section | 23638 |
| 1521.06 of the Revised Code and rules of the chief, or otherwise | 23639 |
| rendered nonhazardous, or pay to the treasurer of state the cost | 23640 |
| thereof. | 23641 |
| All moneys collected on account of forfeitures of bonds, | 23642 |
| cash, securities, and certificates of deposit under this section | 23643 |
| shall be credited to the dam safety fund created in section | 23644 |
| 1521.06 of the Revised Code. The chief shall make expenditures | 23645 |
| from the fund to complete dams and levees for which bonds have | 23646 |
| been forfeited or to otherwise render them nonhazardous. | 23647 |
| Expenditures from the fund for those purposes shall be made | 23648 |
| pursuant to contracts entered into by the chief with persons who | 23649 |
| agree to furnish all of the materials, equipment, work, and labor | 23650 |
| as specified and provided in the contract. | 23651 |
| A surety bond shall not be required for a permit for a dam or | 23652 |
| levee that is to be designed and constructed by an agency of the | 23653 |
| United States government, if the agency files with the chief | 23654 |
| written assurance of the agency's financial responsibility for the | 23655 |
| structure during the one-year period following the chief's | 23656 |
| approval of the completed construction provided for under division | 23657 |
| (E) of section 1521.06 of the Revised Code. | 23658 |
| Sec. 1521.062. (A) All dams and levees constructed in this | 23659 |
| state and not exempted by this section or by the chief of the | 23660 |
| division of soil and water resources under section 1521.06 of the | 23661 |
| Revised Code shall be inspected periodically by the chief, except | 23662 |
| for classes of dams that, in accordance with rules adopted under | 23663 |
| this section, are required to be inspected by registered | 23664 |
| professional engineers who have been approved for that purpose by | 23665 |
| the chief. The inspection shall ensure that continued operation | 23666 |
| and use of the dam or levee does not constitute a hazard to life, | 23667 |
| health, or property. Periodic inspections shall not be required of | 23668 |
| the following structures: | 23669 |
| (1) A dam that is less than ten feet in height and has a | 23670 |
| storage capacity of not more than fifty acre-feet at the elevation | 23671 |
| of the top of the dam, as determined by the chief. For the | 23672 |
| purposes of this section, the height of a dam shall be measured | 23673 |
| from the natural stream bed or lowest ground elevation at the | 23674 |
| downstream or outside limit of the dam to the elevation of the top | 23675 |
| of the dam. | 23676 |
| (2) A dam, regardless of height, that has a storage capacity | 23677 |
| of not more than fifteen acre-feet at the elevation of the top of | 23678 |
| the dam, as determined by the chief; | 23679 |
| (3) A dam, regardless of storage capacity, that is six feet | 23680 |
| or less in height, as determined by the chief; | 23681 |
| (4) A dam or levee belonging to a class exempted by the | 23682 |
| chief; | 23683 |
| (5) A dam or levee that has been exempted in accordance with | 23684 |
| rules adopted under section 1521.064 of the Revised Code. | 23685 |
| (B) In accordance with rules adopted under this section, the | 23686 |
| owner of a dam that is in a class of dams that is designated in | 23687 |
| the rules for inspection by registered professional engineers | 23688 |
| shall obtain the services of a registered professional engineer | 23689 |
| who has been approved by the chief to conduct the periodic | 23690 |
| inspection of dams pursuant to schedules and other standards and | 23691 |
| procedures established in the rules. The registered professional | 23692 |
| engineer shall prepare a report of the inspection in accordance | 23693 |
| with the rules and provide the inspection report to the dam owner | 23694 |
| who shall submit it to the chief. A dam that is designated under | 23695 |
| the rules for inspection by a registered professional engineer, | 23696 |
| but that is not inspected within a five-year period may be | 23697 |
| inspected by the chief at the owner's expense. | 23698 |
| (C) Intervals between periodic inspections shall be | 23699 |
| determined by the chief, but shall not exceed five years. | 23700 |
| (D) In the case of a dam or levee that the chief inspects, | 23701 |
| the chief shall furnish a report of the inspection to the owner of | 23702 |
| the dam or levee. With regard to a dam or levee that has been | 23703 |
| inspected, either by the chief or by a registered professional | 23704 |
| engineer, and that is the subject of an inspection report prepared | 23705 |
| or received by the chief, the chief shall inform the owner of any | 23706 |
| required repairs, maintenance, investigations, and other remedial | 23707 |
| and operational measures. The chief shall order the owner to | 23708 |
| perform such repairs, maintenance, investigations, or other | 23709 |
| remedial or operational measures as the chief considers necessary | 23710 |
| to safeguard life, health, or property. The order shall permit the | 23711 |
| owner a reasonable time in which to perform the needed repairs, | 23712 |
| maintenance, investigations, or other remedial measures, and the | 23713 |
| cost thereof shall be borne by the owner. All orders of the chief | 23714 |
| are subject to appeal as provided in Chapter 119. of the Revised | 23715 |
| Code. The attorney general, upon written request of the chief, may | 23716 |
| bring an action for an injunction against any person who violates | 23717 |
| this section or to enforce an order of the chief made pursuant to | 23718 |
| this section. | 23719 |
| (E) The owner of a dam or levee shall monitor, maintain, and | 23720 |
| operate the structure and its appurtenances safely in accordance | 23721 |
| with state rules, terms and conditions of permits, orders, and | 23722 |
| other requirements issued pursuant to this section or section | 23723 |
| 1521.06 of the Revised Code. The owner shall fully and promptly | 23724 |
| notify the division of soil and water resources and other | 23725 |
| responsible authorities of any condition that threatens the safety | 23726 |
| of the structure and shall take all necessary actions to safeguard | 23727 |
| life, health, and property. | 23728 |
| (F) Before commencing the repair, improvement, alteration, or | 23729 |
| removal of a dam or levee, the owner shall file an application | 23730 |
| including plans, specifications, and other required information | 23731 |
| with the division and shall secure written approval of the | 23732 |
| application by the chief. Emergency actions by the owner required | 23733 |
| to safeguard life, health, or property are exempt from this | 23734 |
| requirement. The chief may, by rule, define maintenance, repairs, | 23735 |
| or other remedial measures of a routine nature that are exempt | 23736 |
| from this requirement. | 23737 |
| (G) The chief may remove or correct, at the expense of the | 23738 |
| owner, any unsafe structures found to be constructed or maintained | 23739 |
| in violation of this section or section 1521.06 of the Revised | 23740 |
| Code. In the case of an owner other than a governmental agency, | 23741 |
| the cost of removal or correction of any unsafe structure, | 23742 |
| together with a description of the property on which the unsafe | 23743 |
| structure is located, shall be certified by the chief to the | 23744 |
| county auditor and placed by the county auditor upon the tax | 23745 |
| duplicate. This cost is a lien upon the lands from the date of | 23746 |
| entry and shall be collected as other taxes and returned to the | 23747 |
| division. In the case of an owner that is a governmental agency, | 23748 |
| the cost of removal or correction of any unsafe structure shall be | 23749 |
| recoverable from the owner by appropriate action in a court of | 23750 |
| competent jurisdiction. | 23751 |
| (H) If the condition of any dam or levee is found, in the | 23752 |
| judgment of the chief, to be so dangerous to the safety of life, | 23753 |
| health, or property as not to permit time for the issuance and | 23754 |
| enforcement of an order relative to repair, maintenance, or | 23755 |
| operation, the chief shall employ any of the following remedial | 23756 |
| means necessary to protect life, health, and property: | 23757 |
| (1) Lower the water level of the lake or reservoir by | 23758 |
| releasing water; | 23759 |
| (2) Completely drain the lake or reservoir; | 23760 |
| (3) Take such other measures or actions as the chief | 23761 |
| considers necessary to safeguard life, health, and property. | 23762 |
| The chief shall continue in full charge and control of the | 23763 |
| dam or levee until the structure is rendered safe. The cost of the | 23764 |
| remedy shall be recoverable from the owner of the structure by | 23765 |
| appropriate action in a court of competent jurisdiction. | 23766 |
| (I) The chief may accept and expend gifts, bequests, and | 23767 |
| grants from the United States government or from any other public | 23768 |
| or private source and may contract with the United States | 23769 |
| government or any other agency or entity for the purpose of | 23770 |
| carrying out the dam safety functions set forth in this section | 23771 |
| and section 1521.06 of the Revised Code. | 23772 |
| (J) In accordance with Chapter 119. of the Revised Code, the | 23773 |
| chief may adopt, and may amend or rescind, rules that do all of | 23774 |
| the following: | 23775 |
| (1) Designate classes of dams for which dam owners must | 23776 |
| obtain the services of a registered professional engineer to | 23777 |
| periodically inspect the dams and to prepare reports of the | 23778 |
| inspections for submittal to the chief; | 23779 |
| (2) Establish standards in accordance with which the chief | 23780 |
| must approve or disapprove registered professional engineers to | 23781 |
| inspect dams together with procedures governing the approval | 23782 |
| process; | 23783 |
| (3) Establish schedules, standards, and procedures governing | 23784 |
| periodic inspections and standards and procedures governing the | 23785 |
| preparation and submittal of inspection reports; | 23786 |
| (4) Establish provisions regarding the enforcement of this | 23787 |
| section and rules adopted under it. | 23788 |
| (K) The owner of a dam or levee shall notify the chief in | 23789 |
| writing of a change in ownership of the dam or levee prior to the | 23790 |
| exchange of the property. | 23791 |
| Sec. 1521.063. (A) Except for the federal government, the | 23792 |
|
owner of | 23793 |
| class III dam under rules adopted under section 1521.06 of the | 23794 |
| Revised Code and subject to section 1521.062 of the Revised Code | 23795 |
| shall pay an annual fee, based upon the height of the dam, the | 23796 |
| linear foot length of the dam, and the per-acre foot of volume of | 23797 |
| water impounded by the dam. The fee shall be paid to the division | 23798 |
|
of soil and water | 23799 |
|
before the
thirtieth day of June of each | 23800 |
| annual fee shall be as follows until otherwise provided by rules | 23801 |
| adopted under this section: | 23802 |
| (1) For any dam classified as a class I dam under rules | 23803 |
| adopted by the chief of the division of soil and water resources | 23804 |
|
under section
1521.06 of the Revised Code, | 23805 |
| dollars plus ten dollars per foot of height of dam, five cents | 23806 |
| per foot of length of the dam and five cents per-acre foot of | 23807 |
| water impounded by the dam; | 23808 |
| (2) For any dam classified as a class II dam under those | 23809 |
|
rules, | 23810 |
| of height of dam, five cents per foot of length of the dam and | 23811 |
| five cents per-acre foot of water impounded by the dam; | 23812 |
| (3) For any dam classified as a class III dam under those | 23813 |
|
rules, | 23814 |
| of the dam, five cents per foot of length of the dam, and five | 23815 |
| cents per-acre foot of volume of water impounded by the dam. | 23816 |
| For purposes of this section, the height of a dam is the | 23817 |
| vertical height, to the nearest foot, as determined by the | 23818 |
| division under section 1521.062 of the Revised Code. | 23819 |
| All fees collected under this section shall be deposited in | 23820 |
| the dam safety fund created in section 1521.06 of the Revised | 23821 |
| Code. Any owner who fails to pay any annual fee required by this | 23822 |
| section within sixty days after the due date shall be assessed a | 23823 |
| penalty of ten per cent of the annual fee plus interest at the | 23824 |
| rate of one-half per cent per month from the due date until the | 23825 |
| date of payment. | 23826 |
| There is hereby created the compliant dam discount program | 23827 |
| to be administered by the chief. Under the program, the chief may | 23828 |
| reduce the amount of the annual fee that an owner of a dam is | 23829 |
| required to pay under division (A)(1), (2), or (3) of this | 23830 |
| section if the owner is in compliance with section 1521.062 of | 23831 |
| the Revised Code and has developed an emergency action plan | 23832 |
| pursuant to standards established in rules adopted under this | 23833 |
| section. The chief shall not discount an annual fee by more than | 23834 |
| twenty-five per cent of the total annual fee that is due. In | 23835 |
| addition, the chief shall not discount the annual fee that is due | 23836 |
| from the owner of a dam who has been assessed a penalty under this | 23837 |
| section. | 23838 |
| (B) The chief shall, in accordance with Chapter 119. of the | 23839 |
| Revised Code and subject to the prior approval of the director of | 23840 |
| natural resources, adopt, and may amend or rescind, rules for the | 23841 |
| collection of fees and the administration, implementation, and | 23842 |
| enforcement of this section and for the establishment of an | 23843 |
|
annual fee schedule
in lieu of the schedule established | 23844 |
| division (A) of this section. | 23845 |
| (C)(1) No person, political subdivision, or state | 23846 |
| governmental agency shall violate or fail to comply with this | 23847 |
| section or any rule or order adopted or issued under it. | 23848 |
| (2) The attorney general, upon written request of the chief, | 23849 |
| may commence an action against any such violator. Any action under | 23850 |
| division (C)(2) of this section is a civil action. | 23851 |
| (D) As used in this section, "political subdivision" includes | 23852 |
| townships, municipal corporations, counties, school districts, | 23853 |
| municipal universities, park districts, sanitary districts, and | 23854 |
| conservancy districts and subdivisions thereof. | 23855 |
| Sec. 1521.064. The chief of the division of soil and water | 23856 |
| resources, in accordance with Chapter 119. of the Revised Code, | 23857 |
| shall adopt, and may amend and rescind, rules establishing a | 23858 |
| program under which dams and levees may be exempted from | 23859 |
| inspections under section 1521.062 of the Revised Code if the | 23860 |
| continued operation and use of, and any rupturing of or other | 23861 |
| structural damage to, the dams and levees will not constitute a | 23862 |
| hazard to life, health, or property. The rules shall establish, | 23863 |
| without limitation, all of the following: | 23864 |
| (A) A procedure by which the owner of such a dam or levee may | 23865 |
| apply for an exemption under this section; | 23866 |
| (B) The standards that a dam or levee shall meet in order to | 23867 |
| be exempted under this section; | 23868 |
| (C) A procedure by which the chief shall periodically review | 23869 |
| the status of a dam or levee that has been exempted under this | 23870 |
| section to determine if the exemption should be rescinded; | 23871 |
| (D) A requirement that the owner of any dam or levee exempted | 23872 |
| under this section shall agree, in writing, to accept liability | 23873 |
| for any injury, death, or loss to persons or property caused by | 23874 |
| the rupturing of or other structural damage to the dam or levee. | 23875 |
| Sec. 1521.07. The chief of the division of soil and water | 23876 |
| resources or any employee in the service of the division may enter | 23877 |
| upon lands to make surveys and inspections in accordance with this | 23878 |
| chapter, when necessary in the discharge of the duties enumerated | 23879 |
| in this chapter. | 23880 |
| Sec. 1521.10. In order to be entitled to the compensation | 23881 |
| provided for in section 1521.09 of the Revised Code, the landowner | 23882 |
| 23883 | |
| water resources complete plans for the dam provided for in such | 23884 |
| section. The plans shall have the approval of the chief of the | 23885 |
| division of soil and water resources and the dam shall be | 23886 |
| constructed in accordance with such plans before compensation can | 23887 |
| be claimed. | 23888 |
| Sec. 1521.11. Upon the completion of the dam referred to in | 23889 |
| section 1521.09 of the Revised Code to the satisfaction of the | 23890 |
| division of soil and water resources, it shall certify the | 23891 |
| completion and the capacity thereof to the county auditor who | 23892 |
| shall thereupon make such reduction in the assessed valuation of | 23893 |
|
the
contiguous landowner as | 23894 |
|
entitled
to receive under sections 1521.09 to
1521.12 | 23895 |
| of the Revised Code. | 23896 |
| Sec. 1521.12. In the event that any dam is constructed | 23897 |
| before plans are submitted to and approved by the division of soil | 23898 |
| and water resources as required by section 1521.10 of the Revised | 23899 |
|
Code, the landowner may submit plans of the dam
| 23900 |
| has built, showing the area of the drainage basin above the dam, a | 23901 |
| cross section of the dam site, a cross section, plan, and | 23902 |
| elevation of the dam, a map of the spillway, a topographic map of | 23903 |
| the reservoir basin, and such other data and information as the | 23904 |
| division requires. If the plans receive the approval of the | 23905 |
| division, and upon examination the dam is found to be | 23906 |
|
satisfactorily
completed in accordance with such plans, | 23907 |
| division shall certify the completion and capacity thereof to the | 23908 |
| county auditor. If the plans fail to meet the requirements of the | 23909 |
| division, the owner may submit revised plans, and when such | 23910 |
| revised plans have been approved and the dam rebuilt to conform to | 23911 |
| such plans, the completion of the dam and its capacity shall then | 23912 |
| be certified to the auditor who shall thereupon make such | 23913 |
| reduction in the assessed valuation of the contiguous land as such | 23914 |
|
owner is entitled to receive under
sections 1521.09 to 1521.12 | 23915 |
| 23916 |
| Sec. 1521.13. (A) Development in one-hundred-year floodplain | 23917 |
| areas shall be protected to at least the one-hundred-year flood | 23918 |
| level, and flood water conveyance shall be maintained, at a | 23919 |
| minimum, in accordance with standards established under the | 23920 |
| national flood insurance program. This division does not preclude | 23921 |
| a state agency or political subdivision from establishing flood | 23922 |
| protection standards that are more restrictive than this division. | 23923 |
| (B) Prior to the expenditure of money for or the construction | 23924 |
| of buildings, structures, roads, bridges, or other facilities in | 23925 |
| locations that may be subject to flooding or flood damage, all | 23926 |
| state agencies and political subdivisions shall notify and consult | 23927 |
| with the division of soil and water resources and shall furnish | 23928 |
| information that the division reasonably requires in order to | 23929 |
| avoid the uneconomic, hazardous, or unnecessary use of floodplains | 23930 |
| in connection with such facilities. | 23931 |
| (C) The chief of the division of soil and water resources | 23932 |
| shall do all of the following: | 23933 |
| (1) Coordinate the floodplain management activities of state | 23934 |
| agencies and political subdivisions with the floodplain management | 23935 |
| activities of the United States, including the national flood | 23936 |
| insurance program; | 23937 |
| (2) Collect, prepare, and maintain technical data and | 23938 |
| information on floods and floodplain management and make the data | 23939 |
| and information available to the public, state agencies, political | 23940 |
| subdivisions, and agencies of the United States; | 23941 |
| (3) Cooperate and enter into agreements with persons for the | 23942 |
| preparation of studies and reports on floods and floodplain | 23943 |
| management; | 23944 |
| (4) Assist any county, municipal corporation, or state agency | 23945 |
| in developing comprehensive floodplain management programs; | 23946 |
| (5) Provide technical assistance to any county, municipal | 23947 |
| corporation, or state agency through engineering assistance, data | 23948 |
| collection, preparation of model laws, training, and other | 23949 |
| activities relating to floodplain management; | 23950 |
| (6) For the purpose of reducing damages and the threat to | 23951 |
| life, health, and property in the event of a flood, cooperate with | 23952 |
| state agencies, political subdivisions, and the United States in | 23953 |
| the development of flood warning systems, evacuation plans, and | 23954 |
| flood emergency preparedness plans; | 23955 |
| (7) Upon request, assist the emergency management agency | 23956 |
| established by section 5502.22 of the Revised Code in the | 23957 |
| preparation of flood hazard mitigation reports required as a | 23958 |
| condition for receiving federal disaster aid under the "Disaster | 23959 |
| Relief Act of 1974," 88 Stat. 143, 42 U.S.C.A. 5121, as amended, | 23960 |
| and regulations adopted under it; | 23961 |
| (8) Adopt, and may amend or rescind, rules in accordance with | 23962 |
| Chapter 119. of the Revised Code for the administration, | 23963 |
| implementation, and enforcement of this section and sections | 23964 |
| 1521.14 and 1521.18 of the Revised Code; | 23965 |
| (9) Establish, by rule, technical standards for the | 23966 |
| delineation and mapping of floodplains and for the conduct of | 23967 |
| engineering studies to determine the vertical and horizontal | 23968 |
| limits of floodplains and for the assessment of development | 23969 |
| impacts on flood heights and flood conveyance. The standards | 23970 |
| established in rules adopted under this division shall be | 23971 |
| consistent with and no more stringent than the analogous standards | 23972 |
| established under the national flood insurance program. | 23973 |
| (10) On behalf of the director of natural resources, | 23974 |
| administer section 1506.04 of the Revised Code. | 23975 |
| In addition to the duties imposed in divisions (C)(1) to (10) | 23976 |
| of this section, and with respect to existing publicly owned | 23977 |
| facilities that have suffered flood damage or that may be subject | 23978 |
| to flood damage, the chief may conspicuously mark past and | 23979 |
| probable flood heights in order to assist in creating public | 23980 |
| awareness of and knowledge about flood hazards. | 23981 |
| (D)(1) Development that is funded, financed, undertaken, or | 23982 |
| preempted by state agencies shall comply with division (A) of this | 23983 |
| section and with rules adopted under division (C)(9) of this | 23984 |
| section. | 23985 |
| (2) State agencies shall apply floodproofing measures in | 23986 |
| order to reduce potential additional flood damage of existing | 23987 |
| publicly owned facilities that have suffered flood damage. | 23988 |
| (3) Before awarding funding or financing or granting a | 23989 |
| license, permit, or other authorization for a development that is | 23990 |
| or is to be located within a one-hundred-year floodplain, a state | 23991 |
| agency shall require the applicant to demonstrate to the | 23992 |
| satisfaction of the agency that the development will comply with | 23993 |
| division (A) of this section, rules adopted under division (C)(9) | 23994 |
| of this section, and any applicable local floodplain management | 23995 |
| resolution or ordinance. | 23996 |
| (4) Prior to the disbursement of any state disaster | 23997 |
| assistance money in connection with any incident of flooding to or | 23998 |
| within a county or municipal corporation that is not listed by the | 23999 |
| chief as being in compliance under division (D)(1) of section | 24000 |
| 1521.18 of the Revised Code, a state agency that has authority to | 24001 |
| disburse such money shall require the county or municipal | 24002 |
| corporation to establish or reestablish compliance as provided in | 24003 |
| that division. | 24004 |
| (E)(1) Subject to section 1521.18 of the Revised Code, a | 24005 |
| county or a municipal corporation may do all of the following: | 24006 |
| (a) Adopt floodplain maps that reflect the best available | 24007 |
| data and that indicate the areas to be regulated under a | 24008 |
| floodplain management resolution or ordinance, as applicable; | 24009 |
| (b) Develop and adopt a floodplain management resolution or | 24010 |
| ordinance, as applicable; | 24011 |
| (c) Adopt floodplain management standards that exceed the | 24012 |
| standards that are established under the national flood insurance | 24013 |
| program. | 24014 |
| (2) A county or municipal corporation shall examine and | 24015 |
| apply, where economically feasible, floodproofing measures in | 24016 |
| order to reduce potential additional flood damage of existing | 24017 |
| publicly owned facilities that have suffered flood damage. | 24018 |
| (3) A county that adopts a floodplain management resolution | 24019 |
| shall do so in accordance with the procedures established in | 24020 |
| section 307.37 of the Revised Code. The county may enforce the | 24021 |
| resolution by issuing stop work orders, seeking injunctive relief, | 24022 |
| or pursuing other civil actions that the county considers | 24023 |
| necessary to ensure compliance with the resolution. In addition, | 24024 |
| failure to comply with the floodplain management resolution | 24025 |
| constitutes a violation of division (D) of section 307.37 of the | 24026 |
| Revised Code. | 24027 |
| (4) No action challenging the validity of a floodplain | 24028 |
| management resolution adopted by a county or a floodplain | 24029 |
| management ordinance adopted by a municipal corporation, or an | 24030 |
| amendment to such a resolution or ordinance, because of a | 24031 |
| procedural error in the adoption of the resolution, ordinance, or | 24032 |
| amendment shall be brought more than two years after the adoption | 24033 |
| of the resolution, ordinance, or amendment. | 24034 |
| Sec. 1521.14. Upon the written request of the director of | 24035 |
| natural resources, the attorney general shall bring an action for | 24036 |
| appropriate relief in a court of competent jurisdiction against | 24037 |
| any development that is not in compliance with the standards of | 24038 |
| the national flood insurance program and that is one of the | 24039 |
| following: | 24040 |
| (A) Located in a county or municipal corporation that is not | 24041 |
| listed by the chief of the division of soil and water resources as | 24042 |
| being in compliance under division (D)(1) of section 1521.18 of | 24043 |
| the Revised Code; | 24044 |
| (B) Funded, financed, undertaken, or preempted by a state | 24045 |
| agency. | 24046 |
| Sec. 1521.15. (A) The chief of the division of soil and | 24047 |
| water resources shall develop and maintain, in cooperation with | 24048 |
| local, state, federal, and private agencies and entities, a water | 24049 |
| resources inventory for the collection, interpretation, storage, | 24050 |
| retrieval, exchange, and dissemination of information concerning | 24051 |
| the water resources of this state, including, but not limited to, | 24052 |
| information on the location, type, quantity, and use of those | 24053 |
| resources and the location, type, and quantity of consumptive use | 24054 |
| and diversion of the water resources. The water resources | 24055 |
| inventory also shall include, without limitation, information to | 24056 |
| assist in determining the reasonableness of water use and sharing | 24057 |
| under common law, promoting reasonable use and development of | 24058 |
| water resources, and resolving water use conflicts. | 24059 |
| All agencies of the state shall cooperate with the chief in | 24060 |
| the development and maintenance of the inventory. | 24061 |
| (B) The chief shall cooperate with the other great lakes | 24062 |
| states and provinces to develop a common base of data regarding | 24063 |
| the management of the water resources of the Lake Erie drainage | 24064 |
| basin and to establish systematic arrangements for the exchange of | 24065 |
| those data. | 24066 |
| | 24067 |
| 24068 | |
| 24069 | |
| 24070 | |
| 24071 |
| | 24072 |
| | 24073 |
| 24074 |
| | 24075 |
| 24076 | |
| 24077 |
| | 24078 |
| | 24079 |
| | 24080 |
| | 24081 |
| 24082 | |
| 24083 |
| Sec. 1521.16. (A) Any person who owns a facility that has | 24084 |
| the capacity to withdraw waters of the state in an amount greater | 24085 |
| than one hundred thousand gallons per day from all sources and | 24086 |
| whose construction is completed before January 1, 1990, shall | 24087 |
| register the facility by January 1, 1991, with the chief of the | 24088 |
| division of soil and water resources, and any person who owns a | 24089 |
| facility that has the capacity to withdraw waters of the state in | 24090 |
| such an amount and whose construction is completed on or after | 24091 |
| January 1, 1990, shall register the facility with the chief within | 24092 |
| three months after the facility is completed. The person shall | 24093 |
| register the facility using a form prescribed by the chief that | 24094 |
| shall include, without limitation, the name and address of the | 24095 |
| registrant and date of registration; the locations and sources of | 24096 |
| the facility's water supply; the facility's withdrawal capacity | 24097 |
| per day and the amount withdrawn from each source; the uses made | 24098 |
| of the water, places of use, and places of discharge; and such | 24099 |
| other information as the chief may require by rule. | 24100 |
| The registration date of any facility whose construction was | 24101 |
| completed prior to January 1, 1990, and that is registered under | 24102 |
| this division prior to January 1, 1991, shall be January 1, 1990. | 24103 |
| The registration date of any facility whose construction was | 24104 |
| completed prior to January 1, 1990, and that is required to | 24105 |
| register under this division prior to January 1, 1991, but that is | 24106 |
| not registered prior to that date, and the registration date of | 24107 |
| any facility whose construction was completed after January 1, | 24108 |
| 1990, and that is required to register under this division shall | 24109 |
| be the date on which the registration is received by the chief. | 24110 |
| (B) In accordance with division (D) of this section, the | 24111 |
| chief shall adopt rules establishing standards and criteria for | 24112 |
| determining when an area of ground water is a ground water stress | 24113 |
| area, the geographic limits of such an area, and a threshold | 24114 |
| withdrawal capacity for the area below which registration under | 24115 |
| this division shall not be required. At any time following the | 24116 |
| adoption of those rules, the chief may by order designate an area | 24117 |
| of ground water as a ground water stress area and shall establish | 24118 |
| in any such order a threshold withdrawal capacity for the area | 24119 |
| below which registration under this division shall not be | 24120 |
| required. | 24121 |
| Following the designation of a ground water stress area, the | 24122 |
| chief immediately shall give notice by publication in a newspaper | 24123 |
| of general circulation in the designated area that shall include a | 24124 |
| map delineating the designated ground water stress area and a | 24125 |
| statement of the threshold withdrawal capacity established for the | 24126 |
| area below which registration under this division shall not be | 24127 |
| required. The notice shall not appear in the legal notices section | 24128 |
| of the newspaper. Any person who owns a facility in the designated | 24129 |
| ground water stress area that is not registered under division (A) | 24130 |
| of this section and that has the capacity to withdraw waters of | 24131 |
| the state in an amount greater than the threshold withdrawal | 24132 |
|
capacity for the area from all
sources shall register | 24133 |
| facility with the chief not later than thirty days after | 24134 |
| publication of the notice. A person registering a facility under | 24135 |
| this division shall do so using a form prescribed by the chief. | 24136 |
| The form shall include the information specified in division (A) | 24137 |
| of this section. | 24138 |
| (C) Any person who owns a facility registered under division | 24139 |
| (A) or (B) of this section shall file a report annually with the | 24140 |
| chief listing the amount of water withdrawn per day by the | 24141 |
| facility, the return flow per day, and any other information the | 24142 |
| chief may require by rule. Any person who, under Chapter 6109. of | 24143 |
| the Revised Code, provides such information to the Ohio | 24144 |
| environmental protection agency is exempt from reporting under | 24145 |
| this division. The director of environmental protection shall | 24146 |
|
provide the chief any such reported information upon | 24147 |
| (D) The chief shall adopt, and may amend or rescind, rules in | 24148 |
| accordance with Chapter 119. of the Revised Code to carry out this | 24149 |
| section. | 24150 |
| (E)(1) No person knowingly shall fail to register a facility | 24151 |
| or file a report as required under this section. | 24152 |
| (2) No person shall file a false report under this section. | 24153 |
| Violation of division (E)(2) of this section is falsification | 24154 |
| under section 2921.13 of the Revised Code. | 24155 |
| (F) At the request of the director of natural resources, the | 24156 |
| attorney general may commence a civil action to compel compliance | 24157 |
| with this section, in a court of common pleas, against any person | 24158 |
| who has violated or is violating division (E)(1) of this section. | 24159 |
| The court of common pleas in which a civil action is commenced | 24160 |
| under this division has jurisdiction to and shall compel | 24161 |
| compliance with this section upon a showing that the person | 24162 |
| against whom the action is brought has violated or is violating | 24163 |
| that division. | 24164 |
| Any action under this division is a civil action, governed by | 24165 |
| the rules of civil procedure and other rules of practice and | 24166 |
| procedure applicable to civil actions. | 24167 |
| Sec. 1521.18. (A) For the purposes of this section, a | 24168 |
| one-hundred-year floodplain is limited to an area identified as a | 24169 |
| one-hundred-year floodplain in accordance with the "National Flood | 24170 |
| Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as | 24171 |
| amended. | 24172 |
| (B) Each municipal corporation or county that has within its | 24173 |
| boundaries a one-hundred-year floodplain and that adopts a | 24174 |
| floodplain management ordinance or resolution or any amendments to | 24175 |
| such an ordinance or resolution on or after April 11, 1991, after | 24176 |
| adopting the ordinance, resolution, or amendments and before | 24177 |
| submitting the ordinance, resolution, or amendments to the federal | 24178 |
| emergency management agency for final approval for compliance with | 24179 |
| applicable standards adopted under the "National Flood Insurance | 24180 |
| Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as amended, shall | 24181 |
| submit the ordinance, resolution, or amendments to the chief of | 24182 |
| the division of soil and water resources for the chief's review | 24183 |
| for compliance with those standards. Within forty-five days after | 24184 |
| receiving any such ordinance, resolution, or amendments, the chief | 24185 |
| shall complete the review and notify the municipal corporation or | 24186 |
| county as to whether the ordinance, resolution, or amendments | 24187 |
| comply with those standards. If the chief finds that the | 24188 |
| ordinance, resolution, or amendments comply with those standards, | 24189 |
| the chief shall forward it or them to the federal emergency | 24190 |
| management agency for final approval. | 24191 |
| (C)(1) If the chief determines that a county or municipal | 24192 |
| corporation that has adopted a floodplain management resolution or | 24193 |
| ordinance fails to administer or enforce the resolution or | 24194 |
| ordinance, the chief shall send a written notice by certified mail | 24195 |
| to the board of county commissioners of the county or the chief | 24196 |
| executive officer of the municipal corporation stating the nature | 24197 |
| of the noncompliance. | 24198 |
| (2) In order to maintain its compliance status in accordance | 24199 |
| with division (D) of this section, a county or municipal | 24200 |
| corporation that has received a notice of noncompliance under | 24201 |
| division (C)(1) of this section may submit information to the | 24202 |
| chief not later than thirty days after receiving the notice that | 24203 |
| demonstrates compliance or indicates the actions that the county | 24204 |
| or municipal corporation is taking to administer or enforce the | 24205 |
| resolution or ordinance. The chief shall review the information | 24206 |
| and shall issue a final determination by certified mail to the | 24207 |
| county or municipal corporation of the compliance or noncompliance | 24208 |
| status of the county or municipal corporation. If the chief issues | 24209 |
| a final determination of noncompliance, the chief shall send a | 24210 |
| copy of that determination to the federal emergency management | 24211 |
| agency concurrently with mailing the notice to the municipal | 24212 |
| corporation or county. | 24213 |
| (D)(1) A county or municipal corporation is considered to be | 24214 |
| in compliance for the purposes of this section if either of the | 24215 |
| following applies: | 24216 |
| (a) The county or municipal corporation has adopted a | 24217 |
| floodplain management resolution or ordinance that the chief has | 24218 |
| determined complies with applicable standards adopted under the | 24219 |
| "National Flood Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A. | 24220 |
| 4001, as amended, and is adequately administering and enforcing it | 24221 |
| as determined under division (C) of this section. | 24222 |
| (b) The county or municipal corporation is participating in | 24223 |
| the national flood insurance program and has not received a notice | 24224 |
| of noncompliance under division (B) or (C) of this section. | 24225 |
| (2) The chief shall maintain a list of all counties and | 24226 |
| municipal corporations that have one-hundred-year floodplains | 24227 |
| within their boundaries. The list shall indicate whether each such | 24228 |
| county or municipal corporation is in compliance or noncompliance | 24229 |
| as provided in division (D)(1) of this section and whether each | 24230 |
| such county or municipal corporation is participating in the | 24231 |
| national flood insurance program. The chief shall provide a copy | 24232 |
| of the list to the general assembly and all state agencies | 24233 |
| annually and shall notify the general assembly and the agencies of | 24234 |
| any changes at least quarterly. | 24235 |
| (E) Any county or municipal corporation that is adversely | 24236 |
| affected by any determination of the chief under this section may | 24237 |
| appeal it in accordance with Chapter 119. of the Revised Code not | 24238 |
| later than thirty days after the final determination. | 24239 |
| Sec. 1521.19. (A) There is hereby created the Ohio water | 24240 |
| resources council consisting of the directors of agriculture, | 24241 |
| development, environmental protection, health, natural resources, | 24242 |
| transportation, and the Ohio public works commission, the | 24243 |
| chairperson of the public utilities commission of Ohio, the | 24244 |
| executive director of the Ohio water development authority, and an | 24245 |
| executive assistant in the office of the governor appointed by the | 24246 |
| governor. The governor shall appoint one of the members of the | 24247 |
| council to serve as its chairperson. The council may adopt bylaws | 24248 |
| that are necessary for the implementation of this section. The | 24249 |
| council shall provide a forum for policy development, | 24250 |
| collaboration and coordination among state agencies, and strategic | 24251 |
| direction with respect to state water resource programs. The | 24252 |
| council shall be assisted in its functions by a state agency | 24253 |
| coordinating group and an advisory group as provided in this | 24254 |
| section. | 24255 |
| (B) The state agency coordinating group shall consist of the | 24256 |
| executive director of the Ohio Lake Erie commission and a member | 24257 |
| or members from each state agency, commission, and authority | 24258 |
| represented on the council, to be appointed by the applicable | 24259 |
| director, chairperson, or executive director. However, the | 24260 |
| environmental protection agency shall be represented on the group | 24261 |
| by the chiefs of the divisions within that agency having | 24262 |
| responsibility for surface water programs and drinking and ground | 24263 |
| water programs, and the department of natural resources shall be | 24264 |
|
represented on the group by the chief of the division of | 24265 |
| 24266 | |
| resources. The chairperson of the council shall appoint a leader | 24267 |
| of the state agency coordinating group. The group shall provide | 24268 |
| assistance to and perform duties on behalf of the council as | 24269 |
| directed by the council. | 24270 |
| (C) The advisory group shall consist of not more than | 24271 |
| twenty-four members, each representing an organization or entity | 24272 |
| with an interest in water resource issues. The council shall | 24273 |
| appoint the members of the advisory group. Of the initial | 24274 |
| appointments, not more than ten members shall be appointed for | 24275 |
| one-year terms, and not more than ten members shall be appointed | 24276 |
| for two-year terms. Of the four initial appointments made after | 24277 |
| 24278 | |
| members shall be appointed for one-year terms, and two of the | 24279 |
| members shall be appointed for two-year terms. Thereafter, all | 24280 |
| advisory group members shall serve two-year terms. Members may be | 24281 |
| reappointed. Each member shall hold office from the date of the | 24282 |
| member's appointment until the end of the member's term. A member | 24283 |
| shall continue in office subsequent to the expiration date of the | 24284 |
| member's term until the member's successor takes office or until a | 24285 |
| period of sixty days has elapsed, whichever occurs first. The | 24286 |
| council may remove a member for misfeasance, nonfeasance, or | 24287 |
| malfeasance in office. The council shall appoint members to fill | 24288 |
| any vacancies on the group. A member appointed to fill a vacancy | 24289 |
| shall hold office for the remainder of the term for which that | 24290 |
| member was appointed. | 24291 |
| The chairperson of the council shall appoint a chairperson of | 24292 |
| the advisory group. The advisory group shall advise the council on | 24293 |
| water resources issues addressed by the council. | 24294 |
| (D) There is hereby created in the state treasury the Ohio | 24295 |
| water resources council fund. The department of natural resources | 24296 |
| shall serve as the fiscal agent for the fund. The departments of | 24297 |
| agriculture, development, environmental protection, health, | 24298 |
| natural resources, and transportation shall transfer moneys to the | 24299 |
| fund in equal amounts via intrastate transfer voucher. The public | 24300 |
| utilities commission of Ohio, Ohio public works commission, and | 24301 |
| Ohio water development authority may transfer moneys to the fund. | 24302 |
| If a voluntary transfer of moneys is made to the fund, the portion | 24303 |
| that is required to be transferred by the departments of | 24304 |
| agriculture, development, environmental protection, health, | 24305 |
| natural resources, and transportation may be equally reduced. | 24306 |
| Moneys in the fund shall be used to pay the operating expenses of | 24307 |
| the Ohio water resources council, including those specified in | 24308 |
| division (E) of this section. | 24309 |
| (E) The Ohio water resources council may hire staff to | 24310 |
| support its activities. The council may enter into contracts and | 24311 |
| agreements with federal agencies, state agencies, political | 24312 |
| subdivisions, and private entities to assist in accomplishing its | 24313 |
| objectives. Advisory group members shall be reimbursed for | 24314 |
| expenses necessarily incurred in the performance of their duties | 24315 |
| pursuant to section 126.31 of the Revised Code and any applicable | 24316 |
| rules pertaining to travel reimbursement adopted by the office of | 24317 |
| budget and management. | 24318 |
| Sec. 1523.01. In addition to all other powers granted to and | 24319 |
| duties devolving upon the chief of the division of soil and water | 24320 |
| resources, when in the chief's judgment it is for the public | 24321 |
| welfare and the best interests of the citizens of the state that | 24322 |
| the surplus, flood, and other waters of any of the watersheds, | 24323 |
| rivers, streams, watercourses, or public waters should be | 24324 |
| conserved, impounded, and stored in order to insure and promote | 24325 |
| the public health, welfare, and safety and to encourage and | 24326 |
| promote agriculture, commerce, manufacturing, and other public | 24327 |
| purposes, such chief shall proceed in furtherance of the purposes | 24328 |
| of sections 1523.01 to 1523.13 of the Revised Code, and for the | 24329 |
| preservation of the use of such waters for navigation, in case | 24330 |
| such waters are required for navigation, to construct such | 24331 |
| reservoirs, dams, storage basins, dikes, canals, raceways, and | 24332 |
| other improvements as are necessary for such purposes, or the | 24333 |
| chief may make additions to, enlarge, and make alterations in and | 24334 |
| upon such reservoirs, dams, storage basins, dikes, canals, | 24335 |
| raceways, and other improvements already in existence and | 24336 |
| constituting a part of the public works, as are necessary for such | 24337 |
| purposes. Any rights or privileges granted by sections 1523.01 to | 24338 |
| 1523.13 of the Revised Code, shall not interfere with the control | 24339 |
| and maintenance of the state reservoirs or public parks which have | 24340 |
| been dedicated to the public for purposes of recreation and | 24341 |
| pleasure. | 24342 |
| | 24343 |
| director of natural resources and the governor, may acquire by | 24344 |
| gift, purchase, or by appropriation proceedings, in the name of | 24345 |
| and on behalf of the state, such real and personal property, | 24346 |
| rights, privileges, and appurtenances as are necessary in the | 24347 |
| chief's judgment for the construction of such reservoirs, dams, | 24348 |
| storage basins, dikes, canals, raceways, and other improvements, | 24349 |
| or for the alteration, enlargement, or maintenance of existing | 24350 |
| reservoirs, dams, and other improvements, together with such | 24351 |
| rights of way, drives, and roadways as are necessary for | 24352 |
| convenient access thereto. The appropriation proceedings referred | 24353 |
| to in this section shall be restricted to private property only. | 24354 |
| Before proceeding to purchase or appropriate any such | 24355 |
| property or rights, the cost of which, together with the land or | 24356 |
| real estate necessary upon which to locate and construct such | 24357 |
| improvements, including damages to remaining property, is in | 24358 |
| excess of one thousand dollars, the chief shall prepare plans, | 24359 |
| specifications, and estimates of such cost, including all material | 24360 |
| and labor therefor, together with the cost of such land or real | 24361 |
| estate and damages, and shall thereupon submit such plans, | 24362 |
| specifications, and estimates to the director, who in turn shall | 24363 |
| submit them to the governor for approval. | 24364 |
| The governor shall thereupon publish written notice once a | 24365 |
| week for two consecutive weeks in a newspaper published in and of | 24366 |
| general circulation in the counties where any such improvements | 24367 |
| are proposed to be constructed, setting forth the location and | 24368 |
| character of the proposed improvements, that the plans, | 24369 |
| specifications, and estimates therefor are on file in the | 24370 |
| governor's office, and that objections thereto will be heard by | 24371 |
|
the governor on
a day to be
named in | 24372 |
| shall be not less than ten nor more than twenty days after the | 24373 |
| first publication thereof. Within thirty days after the date fixed | 24374 |
|
for | 24375 |
| specifications, and estimates to the director, with the governor's | 24376 |
| written approval or rejection thereof indorsed thereon. The | 24377 |
| director shall immediately return such plans, specifications, and | 24378 |
| estimates, together with the governor's indorsement thereon, to | 24379 |
| the chief. | 24380 |
| Any instrument by which real property is acquired pursuant to | 24381 |
| this section shall identify the agency of the state that has the | 24382 |
| use and benefit of the real property as specified in section | 24383 |
| 5301.012 of the Revised Code. | 24384 |
| Sec. 1523.02. If the governor approves the plans, | 24385 |
| specifications, and estimates authorized by section 1523.01 of the | 24386 |
| Revised Code, the chief of the division of soil and water | 24387 |
| resources shall thereupon proceed, as provided in sections | 24388 |
| 1523.02 to 1523.13 of the Revised Code, to construct the | 24389 |
| improvements or to make alterations in or to enlarge those | 24390 |
| already existing, in such manner and form as is shown by such | 24391 |
| plans and specifications. In order to provide the funds for such | 24392 |
| construction, alteration, or enlargement, the chief shall issue | 24393 |
| and sell bonds of the state, not in excess of the estimated cost | 24394 |
| of such improvements. The bonds shall be issued in denominations | 24395 |
| of not less than one hundred dollars payable as a whole or in | 24396 |
| series on or before fifty years from the date thereof, with | 24397 |
| interest not to exceed the rate provided in section 9.95 of the | 24398 |
| Revised Code, payable either annually or semiannually. | 24399 |
| The bonds shall show on their face the purpose for which | 24400 |
| issued and shall create no liability upon or be considered an | 24401 |
| indebtedness of the state, but both the principal and interest | 24402 |
| shall be paid solely out of the proceeds arising from the | 24403 |
| improvements constructed, altered, or enlarged by the chief, or | 24404 |
| from the proceeds of the sale or foreclosure of the lien securing | 24405 |
| the bonds on such improvement or such part thereof as is | 24406 |
| constructed from the money realized from the sale of the bonds. | 24407 |
| The form of the bonds shall be approved by the attorney | 24408 |
| general, and they shall be signed by the governor and attested by | 24409 |
| the director of natural resources and the chief. The bonds may be | 24410 |
| issued as coupon bonds, payable to bearer only, or upon demand of | 24411 |
| the owner or holder thereof as registered bonds. | 24412 |
| Such bonds shall be sold by the chief to the highest bidder | 24413 |
| therefor, but for not less than the par value thereof, with | 24414 |
| accrued interest thereon, after thirty days' notice in at least | 24415 |
| two newspapers of general circulation in the county where such | 24416 |
| improvements are to be constructed, altered, or enlarged, setting | 24417 |
| forth the nature, amount, rate of interest, and length of time the | 24418 |
| bonds have to run, with the time and place of sale. | 24419 |
| The treasurer of state shall be the treasurer of the fund | 24420 |
| realized from the sale of such bonds, and the auditor of state | 24421 |
| shall be the auditor of such fund. The proceeds of such sale shall | 24422 |
| be turned over to the treasurer of state and shall be deposited by | 24423 |
| the treasurer of state in a solvent bank, located either in | 24424 |
| Columbus or in the county in which such improvements are located. | 24425 |
| Such proceeds shall be kept by such bank in a fund to be known as | 24426 |
| the water conservation improvement fund. Such fund shall be used | 24427 |
| to acquire the necessary real estate and to construct such new | 24428 |
| improvements and for no other purpose, except that the treasurer | 24429 |
| of state may pay the interest on the bonds during the period of | 24430 |
| condemnation and the construction, alteration, or enlargement of | 24431 |
| such improvements out of the proceeds arising from the sale of the | 24432 |
| bonds for a term not exceeding three years from the date on which | 24433 |
| the bonds are issued. The bank shall give bond to the state in | 24434 |
| such amount as the treasurer of state considers advisable, and | 24435 |
| with surety to the satisfaction of the treasurer of state, for the | 24436 |
| benefit of the holders of the bonds, and for the benefit of any | 24437 |
| contractors performing labor or furnishing material for such | 24438 |
| improvements, as provided by law, conditioned that it will safely | 24439 |
| keep the money and will make no payments or disbursements | 24440 |
| therefrom except as provided in sections 1523.01 to 1523.13 of the | 24441 |
| Revised Code. | 24442 |
| The treasurer of state shall hold such fund as trustee for | 24443 |
| the holders of the bonds and for all persons performing labor or | 24444 |
| furnishing material for the construction, alteration, or | 24445 |
| enlargement of any improvement made under such sections. Such | 24446 |
| funds shall not be turned into the state treasury, but shall be | 24447 |
| deposited and disbursed by the treasurer of state as provided in | 24448 |
| such sections. The interest coupons attached to such bonds shall | 24449 |
| bear the signature of the treasurer of state, executed by the | 24450 |
| treasurer of state or printed or lithographed thereon. | 24451 |
| Both the interest and principal of such bonds shall be made | 24452 |
| payable at the office of the treasurer of state in Columbus, and | 24453 |
| shall be paid by the treasurer of state, without warrant or | 24454 |
| authority of the director of budget and management, to the owner | 24455 |
| or holder of such bonds upon presentation by the owner or holder | 24456 |
| of matured interest coupons or bonds. | 24457 |
| Sec. 1523.03. Immediately after the sale of the bonds | 24458 |
| authorized by section 1523.02 of the Revised Code and the payment | 24459 |
| of the proceeds thereof to the treasurer of state as provided in | 24460 |
| such section, the chief of the division of soil and water | 24461 |
| resources shall make a written contract for the construction of | 24462 |
| the improvements or for the making of additions to or alterations | 24463 |
| in existing improvements with the lowest responsive and | 24464 |
| responsible bidder, in accordance with section 9.312 of the | 24465 |
| Revised Code, after advertisements once a week for four | 24466 |
| consecutive weeks in one newspaper in each of the cities of | 24467 |
| Columbus, Cleveland, and Cincinnati having a general circulation | 24468 |
| therein, one trade paper having a circulation among contractors | 24469 |
| engaged in the construction of public improvement work of like | 24470 |
| character, and two newspapers having a general circulation within | 24471 |
| the county in which the dam, reservoir, storage basin, or other | 24472 |
| improvement is located or is to be located. | 24473 |
| All bids shall be filed with the chief, within the time fixed | 24474 |
|
for the filing
of such bids in | 24475 |
| shall be opened and publicly read by the chief at twelve noon on | 24476 |
| the last day for filing them. Each bid shall contain the full | 24477 |
| names of every person or company interested in it, shall | 24478 |
| separately state the price of both the labor and material to be | 24479 |
| furnished under it, and shall meet the requirements of section | 24480 |
| 153.54 of the Revised Code. | 24481 |
| The chief may reject any bids. If the chief rejects all bids, | 24482 |
| the chief shall within sixty days thereafter readvertise for bids | 24483 |
| for the construction of such improvements, as provided in this | 24484 |
| section, and may continue to readvertise for bids every sixty days | 24485 |
| until bids are received which are made to the chief's satisfaction | 24486 |
| and in conformity to sections 1523.01 to 1523.13 of the Revised | 24487 |
| Code. | 24488 |
| The chief may award separate contracts to bidders for each | 24489 |
| part of the labor to be done or material to be furnished for the | 24490 |
| construction of such improvements, provided that the amount of the | 24491 |
|
contract, if awarded as a whole, or the aggregate of | 24492 |
| several contracts, if awarded separately, shall not, together with | 24493 |
| the cost of the land necessary for such improvements and the | 24494 |
| estimated damages to remaining property, be in excess of the | 24495 |
| estimated cost of the construction thereof, including such land | 24496 |
| and damages. Such contracts shall provide that all payments | 24497 |
| thereunder shall be made only from the proceeds of the sale of the | 24498 |
| bonds issued for the construction of such improvements. No | 24499 |
| contractor shall receive payment for any work or labor performed | 24500 |
| or material furnished for such improvements unless the contract | 24501 |
| therefor was, at the time of its execution, approved by the | 24502 |
| governor by the governor's written indorsement on such contract. | 24503 |
| Sec. 1523.04. When estimates or statements for either | 24504 |
| material theretofore furnished or labor theretofore performed | 24505 |
| under a contract entered into as provided in section 1523.03 of | 24506 |
| the Revised Code are presented to the chief of the division of | 24507 |
| soil and water | 24508 |
| contractor, certified as to the correctness thereof under oath by | 24509 |
| 24510 | |
| approved in writing by the chief, the chief shall pay the amount | 24511 |
| of such estimates or statements from the water conservation | 24512 |
| improvement fund. | 24513 |
| Sec. 1523.05. The chief of the division of soil and water | 24514 |
| resources shall by contract in writing sell or lease for | 24515 |
| agricultural, commercial, manufacturing, or other lawful purposes, | 24516 |
| for any term not exceeding fifty years, the water, or any part | 24517 |
| thereof, conserved and stored by the improvements then existing, | 24518 |
| or that will be conserved and stored by any improvements | 24519 |
|
thereafter to be constructed by
| 24520 |
|
the land surrounding | 24521 |
|
years, as shown by the plans and specifications prepared by
| 24522 |
| the chief and approved by the governor as provided in section | 24523 |
| 1523.01 of the Revised Code. Such agreements shall be for a | 24524 |
| certain price or rental for the water or lands furnished to or | 24525 |
| used by the grantees, lessees, or their assigns, to be paid | 24526 |
| quarterly, semiannually, or annually as the chief deems advisable. | 24527 |
| | 24528 |
| sell or lease power generated by any head of water raised or | 24529 |
|
maintained by any such improvement,
or | 24530 |
| lease the right to use such head of water for generating power or | 24531 |
| other hydraulic purposes. | 24532 |
| All such contracts of sale or lease, whether for water or | 24533 |
| power, shall contain such reservations or restrictions as the | 24534 |
| chief deems necessary and proper in furtherance of the purposes of | 24535 |
|
sections 1523.01 to 1523.13 | 24536 |
| the preservation of the use of such waters for navigation in case | 24537 |
| they are required therefor. | 24538 |
| Such contracts or leases | 24539 |
| attorney general as to their general form and legality and, before | 24540 |
| becoming binding obligations on the state, they shall be approved | 24541 |
|
by the governor by | 24542 |
| Sec. 1523.06. (A) The chief of the division of soil and | 24543 |
| water resources before selling bonds as provided in section | 24544 |
| 1523.02 of the Revised Code or before receiving bids for the | 24545 |
| construction of improvements as authorized by section 1523.03 of | 24546 |
| the Revised Code may enter into tentative agreements for the sale | 24547 |
| or lease of water or power to: | 24548 |
| (1) Ascertain whether the public interest and welfare | 24549 |
| reasonably require the proposed improvements in the proposed | 24550 |
| locality; | 24551 |
| (2) Determine whether the revenues which the state may derive | 24552 |
| from the lease of lands and the lease and sale of the waters which | 24553 |
| are estimated will be conserved, impounded, and stored, or from | 24554 |
| the sale or lease of the power generated by such improvements, | 24555 |
| will be sufficient: | 24556 |
| (a) To pay the interest on bonds issued under section 1523.02 | 24557 |
| of the Revised Code; | 24558 |
| (b) To create a sinking fund to retire | 24559 |
| their maturity; | 24560 |
| (c) To maintain and keep | 24561 |
| (B) The performance and carrying out of such tentative | 24562 |
| agreements shall be conditioned upon the ability of such chief to: | 24563 |
| (1) Sell | 24564 |
| accrued interest; | 24565 |
| (2) Secure bids for the furnishing of all the labor and | 24566 |
| material necessary in the construction of such improvements, | 24567 |
| including all real estate required and damages incurred, at such a | 24568 |
| price that the rentals or compensation to be paid will provide | 24569 |
| during the terms of such contracts or leases a sum sufficient to | 24570 |
|
pay | 24571 |
|
keep | 24572 |
| Sec. 1523.07. The treasurer of state shall be treasurer and | 24573 |
| the auditor of state shall be auditor of all moneys derived from | 24574 |
| the use of the improvements authorized by sections 1523.01 to | 24575 |
|
1523.13 | 24576 |
|
shall hold | 24577 |
| improvements constructed under such sections, and for the holders | 24578 |
| of any bonds issued in accordance with section 1523.02 of the | 24579 |
|
Revised Code. | 24580 |
| treasury, but shall be deposited and disbursed by the treasurer of | 24581 |
| state in the manner provided in this section. All such moneys | 24582 |
| shall be collected by the treasurer of state on statements to be | 24583 |
| furnished by the chief of the division of soil and water resources | 24584 |
| and when so collected shall be deposited in solvent banks in the | 24585 |
|
state upon
the same terms as state funds are now loaned. | 24586 |
| funds shall be kept by such banks in a fund known as the "water | 24587 |
| conservation fund" and shall be used, first, to maintain and keep | 24588 |
| in repair the dams, reservoirs, storage basins, and other | 24589 |
| improvements, and, second, to pay the interest upon and principal | 24590 |
| of the bonds issued and sold pursuant to section 1523.02 of the | 24591 |
|
Revised Code,
as such interest falls due or | 24592 |
| The banks in which the treasurer of state deposits any of the | 24593 |
| moneys belonging either to the water conservation improvement fund | 24594 |
| provided for in section 1523.02 of the Revised Code or the water | 24595 |
| conservation fund provided for in this section shall be state | 24596 |
|
depository banks as provided for in sections 135.01 to
135.21 | 24597 |
| 24598 | |
| thousand dollars of the money on deposit at any one time in the | 24599 |
| water conservation improvement fund, and an amount not to exceed | 24600 |
| ten thousand dollars in the water conservation fund shall be held | 24601 |
|
by any of | 24602 |
| shall pay the treasurer of state on such deposits, both active and | 24603 |
| inactive, the same rate of interest then being paid by them upon | 24604 |
| the funds of the state then deposited with them by the treasurer | 24605 |
| of state. All such payments of interest shall be credited to the | 24606 |
| respective funds upon which such interest is paid. | 24607 |
| Sec. 1523.08. When the cost of any repairs to the | 24608 |
| improvements authorized by section 1523.01 of the Revised Code | 24609 |
| does not exceed one thousand dollars, the chief of the division of | 24610 |
| soil and water | 24611 |
|
make such
repairs | 24612 |
| advertising for bids. If the cost of any such repairs is in excess | 24613 |
| of one thousand dollars, the chief shall advertise for bids for | 24614 |
| the making of such repairs and let a contract therefor as provided | 24615 |
| in section 1523.03 of the Revised Code. | 24616 |
| When itemized statements are presented to the chief showing | 24617 |
| the amount of labor performed and material furnished in the making | 24618 |
| of such repairs, verified by the person making them and approved | 24619 |
| in writing by the chief, the chief shall pay the amount of such | 24620 |
| statement from the water conservation fund. | 24621 |
| Sec. 1523.09. If a reservoir, dam, storage basin, or other | 24622 |
| improvement constructed or enlarged by the chief of the division | 24623 |
| of soil and water resources as provided in sections 1523.01 to | 24624 |
| 1523.13 of the Revised Code constitutes a part of the canal system | 24625 |
| of the state or is located upon any river, stream, or body of | 24626 |
| water formerly used as a feeder for the canal system, no water | 24627 |
|
shall be sold
or leased from the improvement | 24628 |
| in accordance with section 1520.03 of the Revised Code. | 24629 |
| Sec. 1523.10. The funds derived from the sale, use, or lease | 24630 |
| of the water impounded and conserved or the power generated by the | 24631 |
|
improvements constructed
pursuant to sections 1523.01 to 1523.13 | 24632 |
| 24633 | |
| improvements adjacent thereto are hereby expressly pledged for the | 24634 |
|
purpose of maintaining and keeping | 24635 |
| and for the payment of the interest on and principal of the bonds | 24636 |
| issued under section 1523.02 of the Revised Code, as the same fall | 24637 |
| due and mature. The owners of such bonds are hereby given a lien | 24638 |
| for the payment of the principal and interest of such bonds upon | 24639 |
| any dam, reservoir, storage basin, or other improvements, or any | 24640 |
| part thereof, with the appurtenances belonging thereto, | 24641 |
| constructed by the chief of the division of soil and water | 24642 |
| resources with the funds derived from the sale of such bonds. | 24643 |
| If default is made in the payment of the interest on any of | 24644 |
| 24645 | |
| aggregating in par value not less than ten per cent of the total | 24646 |
| amount of such bonds then outstanding are not paid at maturity, | 24647 |
|
then all of | 24648 |
|
become due and payable, and the owners of any of | 24649 |
| aggregating in par value not less than ten per cent of the total | 24650 |
| amount of such bonds then outstanding, may institute proceedings | 24651 |
| to foreclose such lien against the state in the court of common | 24652 |
|
pleas of the county in which is located any of
| 24653 |
| improvements, constructed, altered, or enlarged out of the | 24654 |
| proceeds of the sale of such bonds. | 24655 |
| | 24656 |
| full power to foreclose such lien and to make an order to the | 24657 |
|
sheriff of | 24658 |
|
directing | 24659 |
| part thereof at not less than two-thirds of the appraised value | 24660 |
| thereof, and upon such terms and in manner and form as provided | 24661 |
|
for in | 24662 |
| clerk of the court of common pleas. Upon motion of the purchaser | 24663 |
| of such improvements at such sale, the court, if such sale is | 24664 |
| found to be regular in all respects and according to law, shall | 24665 |
| confirm the sale and order the sheriff to execute a deed to such | 24666 |
|
purchaser and
| 24667 |
| purchaser and the purchaser's assigns all the right, title, and | 24668 |
|
interest
of the
holders of | 24669 |
| improvements, and all the right, title, and interest of the state, | 24670 |
| for a period of not more than fifty years from the date of such | 24671 |
|
conveyance, in the same, with full right and franchise, for | 24672 |
| the period of not to exceed fifty years, to operate | 24673 |
| improvements and dispose of the water conserved or the power | 24674 |
|
generated thereby, with the
further right, for | 24675 |
|
fifty years, to flow, transport, and convey
| 24676 |
| 24677 | |
| thereby through, over, and upon any of the lands of the state or | 24678 |
| channels or beds of any of its reservoirs, lakes, canals, races, | 24679 |
| aqueducts, or watercourses. In the exercise of such rights, such | 24680 |
|
purchaser or | 24681 |
|
the term of | 24682 |
| to them in a good state of repair and shall not interfere with the | 24683 |
| navigation of the canals of the state or with the control and | 24684 |
| maintenance thereof or with the sale of water by the state from | 24685 |
| its dams, reservoirs, and improvements other than those so | 24686 |
| constructed. The state does not incur any liability by reason of | 24687 |
| such sale and the rights granted thereunder to continue to | 24688 |
| maintain such canals, races, channels, or watercourses, or to | 24689 |
| continue the use thereof. Such conveyance or grant by the sheriff | 24690 |
| as such master commissioner shall contain a clause giving the | 24691 |
| chief such control of waste gates and wickets as to regulate the | 24692 |
| flow of water in the state reservoirs or canals, in such manner as | 24693 |
| to maintain the proper level therein and to prevent the flowing | 24694 |
| into such reservoirs and canals of such quantities of water as | 24695 |
| might impair any of the property of the state or its lessees, | 24696 |
| except as otherwise provided in section 1520.03 of the Revised | 24697 |
| Code. | 24698 |
| Upon the foreclosure of | 24699 |
| the improvements, all contracts or leases for the sale, use, or | 24700 |
| lease of water, the lands and improvements adjacent thereto, or | 24701 |
| power rights then outstanding shall become void, and the rights of | 24702 |
| the state and the several lessees thereunder, shall cease. | 24703 |
| Upon the making of an order by the court for the sale of such | 24704 |
| improvements, and before they are offered for sale by the sheriff, | 24705 |
| the court shall appoint three disinterested appraisers, one of | 24706 |
| whom shall be a water-works or hydraulic engineer with at least | 24707 |
|
five years' experience in the practice of
| 24708 |
| profession, and two of whom shall be freeholders residing in the | 24709 |
|
county in
which any of such improvements are located. | 24710 |
|
appraisers shall appraise
| 24711 |
| the time fixed by the court, file such appraisal in writing with | 24712 |
| the clerk. If the lien given by this section as security for the | 24713 |
|
payment of | 24714 |
|
improvements, | 24715 |
| improvements as an entirety, and shall also appraise separately | 24716 |
|
the part constructed from the proceeds of
the sale of | 24717 |
| bonds, the lien of which is being foreclosed in such proceeding. | 24718 |
| In making such appraisal and fixing the value of | 24719 |
|
improvements or of such
part thereof, | 24720 |
| have access to all papers and documents on file in the office of | 24721 |
| the chief relating to such improvements, including the plans and | 24722 |
| specifications therefor, and the bids made and contracts entered | 24723 |
| into for the construction thereof, and all leases and contracts | 24724 |
| for the sale of water impounded therein and power generated | 24725 |
| thereby. The order of the court shall direct the sale only of such | 24726 |
|
part of | 24727 |
|
proceeds of the sale of | 24728 |
| sale, in the operation of such improvements during the term of the | 24729 |
|
franchise granted to | 24730 |
| from the dam or reservoir impounding such water only such portion | 24731 |
| thereof as the appraised value of that part of such improvements, | 24732 |
| constructed from the proceeds of the sale of such bonds and sold | 24733 |
|
to | 24734 |
| entire appraised value of such improvements. | 24735 |
| If at any time during the term of the franchise granted to | 24736 |
| the purchaser of such improvements at such foreclosure sale any | 24737 |
|
controversy arises between
| 24738 |
| purchaser's assigns and the chief as to the operation of such | 24739 |
|
improvements, or as
to the amount of water which | 24740 |
|
purchaser is drawing or is entitled to draw
therefrom, either | 24741 |
| the purchaser or | 24742 |
| court, setting forth the facts connected with such controversy. | 24743 |
| Notice in writing of the filing of such petition shall be | 24744 |
|
given to the
opposite party to | 24745 |
| days from the date of the filing thereof, either by service of | 24746 |
| such notice personally upon such opposite party by the sheriff of | 24747 |
| such county or by service by mail by the clerk. Such notice shall | 24748 |
| be mailed to the name and address which the purchaser filed with | 24749 |
| 24750 | |
| sheriff of the deed. Within thirty days from the serving or | 24751 |
|
mailing of such notice, the
opposite party to | 24752 |
|
shall file | 24753 |
|
court shall hear and determine | 24754 |
| order in regard to it as is just and proper, which order shall be | 24755 |
|
binding upon
all the parties to | 24756 |
| At the termination of | 24757 |
|
years, all of the
rights and privileges conveyed to | 24758 |
| purchaser by the deed and grant of such sheriff as master | 24759 |
|
commissioner shall cease and | 24760 |
| appurtenances belonging thereto, shall revert to and become the | 24761 |
| property of the state, free and clear of any claims whatever | 24762 |
| against them. | 24763 |
| The clerk shall distribute and pay the money received by | 24764 |
| the clerk from the sheriff as such master commissioner from the | 24765 |
|
sale of such improvements to the holders
of | 24766 |
|
rata, and upon such payment to any of | 24767 |
|
shall surrender to the | 24768 |
| interest coupons thereon. The clerk shall thereupon cancel the | 24769 |
| same and deliver them, so canceled, to the treasurer of the water | 24770 |
| conservation improvement fund. | 24771 |
| Sec. 1523.11. All appropriations of property made by the | 24772 |
| chief of the division of soil and water resources in carrying out | 24773 |
|
sections 1523.01 to 1523.13 | 24774 |
|
be made in accordance with sections 163.01 to 163.22 | 24775 |
| of the Revised Code, provided that possession of any property so | 24776 |
| appropriated shall not be taken by the state or the chief before | 24777 |
| the compensation and damages awarded therefor in the appropriation | 24778 |
| proceedings have been paid into court. | 24779 |
| Sec. 1523.12. Sections 1523.01 to 1523.13 | 24780 |
| Revised Code do not authorize any reduction in the quantity or any | 24781 |
| impairment in the quality of the water in any watershed, stream, | 24782 |
| or basin, developed or undeveloped, from which any political | 24783 |
| subdivision is, at the time the chief of the division of soil and | 24784 |
| water resources proposes and is proceeding to construct in such | 24785 |
| watershed, stream, or basin any of the improvements authorized by | 24786 |
| such sections, taking water for the use of itself or its | 24787 |
| inhabitants, or has plans under way, or has made or begun | 24788 |
| appropriation of any property or rights in such watershed, stream, | 24789 |
| or basin for the purpose of acquiring a water supply for itself or | 24790 |
| its inhabitants for either domestic, industrial, or other uses. | 24791 |
| Such sections do not authorize the chief to sell or lease the | 24792 |
| right to use water at any time for any purpose or to such an | 24793 |
| extent as to prejudice, abrogate, or supersede any of the water | 24794 |
| rights granted by the state to the city of Akron as provided in | 24795 |
|
volume 102, Ohio Laws, page 175, sections 1 to 3 | 24796 |
| Sec. 1523.13. If by reason of severe drought or other causes | 24797 |
| the water supply of any political subdivision is, in the judgment | 24798 |
| of the chief of the division of soil and water resources, at any | 24799 |
| time so reduced or impaired as to endanger the property of such | 24800 |
| political subdivision, or the health, safety, or property of the | 24801 |
|
inhabitants thereof, then the chief, under such regulations as | 24802 |
| the chief prescribes, may grant to such political subdivision the | 24803 |
| right, during the continuance of such emergency, to draw or take | 24804 |
| such quantity of water as is necessary to protect the property of | 24805 |
| such political subdivision and the health, safety, or property of | 24806 |
| its inhabitants from any improvement constructed under sections | 24807 |
|
1523.01 to 1523.13 | 24808 |
| the lessees or grantees of the state using the water for | 24809 |
| industrial purposes take water therefrom. Such political | 24810 |
| subdivision shall pay such price per thousand gallons for the | 24811 |
| water so taken by it as is fixed by the chief and the governor. | 24812 |
| The price so fixed shall not exceed the maximum price then being | 24813 |
| paid for water to the state by any of its lessees or grantees. | 24814 |
| Such grant by the chief to such political subdivision shall not | 24815 |
| modify the terms or impair the validity of any leases then | 24816 |
| existing between the state and other persons, firms, or | 24817 |
| corporations, except as expressly provided in this section. | 24818 |
| Sec. 1523.14. The director of transportation in constructing | 24819 |
| highways, bridges, and culverts as provided by law; the board of | 24820 |
| county commissioners in constructing highways, bridges, and | 24821 |
| culverts as provided by law; the board of township trustees of any | 24822 |
| township in constructing highways, bridges, and culverts as | 24823 |
| provided by law; and any municipal corporation constructing or | 24824 |
| improving viaducts, bridges, and culverts under section 717.01 of | 24825 |
| the Revised Code, either severally or jointly, upon request of the | 24826 |
| chief of the division of soil and water resources and with the | 24827 |
| approval of the director of transportation, may construct and | 24828 |
|
maintain
slack-water dams in connection with | 24829 |
| highway bridge, or culvert so as to create reservoirs, ponds, | 24830 |
| water parks, basins, lakes, or other incidental works to conserve | 24831 |
| the water supply of the state. | 24832 |
| Sec. 1523.15. The chief of the division of soil and water | 24833 |
| 24834 | |
| authority having charge of the construction of state, county, or | 24835 |
| township highways, highway bridges, and culverts, or municipal | 24836 |
| streets, for the construction of slack-water dams in connection | 24837 |
| with the construction of any such highway, street, highway bridge, | 24838 |
|
or
culvert whenever, in | 24839 |
| of such dam is desirable and feasible for the economical creation | 24840 |
| and construction of reservoirs, ponds, water parks, basins, lakes, | 24841 |
| or other incidental works for the conservation of the water supply | 24842 |
| of the state. | 24843 |
| The public authority having charge of such construction may | 24844 |
| approve such request when, in its opinion, the construction of | 24845 |
| such dams will not unnecessarily delay or hinder the construction | 24846 |
| of the highway, street, highway bridge, or culvert, or will not | 24847 |
| interfere with its value or use for highway purposes. | 24848 |
| If such request is approved, the chief, in cooperation with | 24849 |
| the department of transportation and the public authority | 24850 |
| participating in the project, shall make a survey and prepare | 24851 |
| plans, specifications, and estimates for the construction of such | 24852 |
| dams and the reservoir, pond, water park, basin, lake, or other | 24853 |
| incidental works in connection therewith. | 24854 |
| Upon approval of the plans and specifications and | 24855 |
| determination to proceed with the project, the chief shall enter | 24856 |
| into an agreement with the public authority on the distribution of | 24857 |
| the cost and expense of the construction of such dams and | 24858 |
| incidental works in connection therewith. The portion of the cost | 24859 |
| to be paid by the division of soil and water resources shall be | 24860 |
| paid from any funds appropriated for or paid into the division and | 24861 |
| available for such purpose. | 24862 |
| Such dams shall be constructed under and subject to any laws | 24863 |
| governing the construction of state, county, or township highways, | 24864 |
| bridges, or culverts. Any public authority undertaking | 24865 |
| construction under sections 1523.14 to 1523.20 of the Revised Code | 24866 |
| shall proceed in the same manner as provided for the construction | 24867 |
| of highway or street improvements. | 24868 |
| Sec. 1523.16. Any department or division of the state | 24869 |
| government, or any county, township, municipal corporation, park | 24870 |
| board, or district, or any organization, club, corporation, or | 24871 |
| private person may petition the chief of the division of soil and | 24872 |
| water resources for the construction of dams and reservoir | 24873 |
| projects in connection with the construction of any highway, | 24874 |
| highway bridge, or culvert. | 24875 |
| Upon receipt of such a petition and its approval by the | 24876 |
|
chief, | 24877 |
| of the Revised Code. If the public authority having charge of the | 24878 |
| construction of such highway, street, highway bridge, or culvert | 24879 |
| approves the request, then the chief shall enter into an agreement | 24880 |
| with the public authority, organization, or person petitioning for | 24881 |
| the construction of such dam or reservoir on the apportionment of | 24882 |
| the cost and expense of construction. The cost and expense of such | 24883 |
| dam project shall include the cost of clearing and grubbing and | 24884 |
| the cost of property and damages incidental thereto. Such | 24885 |
| agreement shall also contain provisions for the proper maintenance | 24886 |
| and repair of such projects after completion, and also apportion | 24887 |
| the revenue derived therefrom between the division of soil and | 24888 |
| water resources and the petitioner. | 24889 |
| Sec. 1523.17. In all cases in which a public authority, | 24890 |
| private organization, or person petitions for the construction of | 24891 |
|
a dam and reservoir project as authorized by | 24892 |
| 1523.14 to 1523.20 of the Revised Code, the chief of the division | 24893 |
|
of soil and water
| 24894 |
| condition precedent to the construction of such project, shall | 24895 |
| require the petitioning authority, organization, or person to pay | 24896 |
| 24897 | |
| of the cost and expense of such project. | 24898 |
| Any deficiency shall be made up by the parties bearing the | 24899 |
| cost before any further work is done. If the deficiency is not | 24900 |
| made up within sixty days after it is known, the amount paid in, | 24901 |
| less the expense incurred by the chief and the cooperating public | 24902 |
| authorities, shall be refunded to the donor. After completion of | 24903 |
| the work, any amount remaining to the credit of the project shall | 24904 |
| likewise be refunded. | 24905 |
| Sec. 1523.18. In the construction of dams, reservoirs, and | 24906 |
| other incidental works under sections 1523.14 to 1523.20 of the | 24907 |
| Revised Code, the chief of the division of soil and water | 24908 |
| resources shall proceed as provided by law, and shall enter into | 24909 |
| contracts therefor as provided in sections 153.01 to 153.29 of the | 24910 |
| Revised Code. The director of transportation, the chief of the | 24911 |
| division of wildlife with the approval of the director of natural | 24912 |
| resources, and any county, township, municipal corporation, and | 24913 |
| public park board or district may proceed with the letting of | 24914 |
| contracts for the construction of such dams or reservoir projects, | 24915 |
| approved by the chief of the division of soil and water resources, | 24916 |
| under any laws regulating the letting of contracts applicable to | 24917 |
| their respective departments, divisions, districts, or political | 24918 |
| subdivisions, and the authority of sections 1523.14 to 1523.20 of | 24919 |
| the Revised Code. | 24920 |
| Sec. 1523.19. The chief of the division of soil and water | 24921 |
| resources shall have the supervision, care, and control of all | 24922 |
| dams, reservoirs, ponds, water parks, basins, lakes, or other | 24923 |
|
incidental works constructed under sections 1523.14 to 1523.20 | 24924 |
| 24925 | |
| in repair. The cost of such maintenance and repair shall be paid | 24926 |
| from any funds appropriated to the division of soil and water | 24927 |
| resources for that purpose or paid into the state treasury as | 24928 |
| agreed upon with the public or contracting authorities | 24929 |
| co-operating in the construction of such projects. | 24930 |
| Such projects may also be maintained by any department or | 24931 |
| division of state government or other public authorities leasing | 24932 |
|
or operating the projects,
through agreements made with | 24933 |
| chief. All rentals derived from the lessees of such projects shall | 24934 |
|
be used by | 24935 |
| projects constructed under such sections. The costs and expenses | 24936 |
| of the reconstruction of any such projects shall be distributed, | 24937 |
| unless otherwise agreed, on the same basis and pro-rata share of | 24938 |
| the costs and expenses as was paid by the contracting authorities | 24939 |
| contributing to the cost of the original project. | 24940 |
| Sec. 1523.20. When the chief of the division of soil and | 24941 |
| water resources and the owners of the lands, waters, or riparian | 24942 |
| rights are unable to agree upon the terms, purchase price, and | 24943 |
| sale thereof, the chief may acquire the lands by appropriation | 24944 |
| proceedings in the manner provided by sections 163.01 to 163.22 of | 24945 |
| the Revised Code. | 24946 |
| The title or lease to any such lands, waters, or riparian | 24947 |
| rights shall be taken by the chief, subject to the approval of the | 24948 |
| governor and the attorney general, in the name of the state. The | 24949 |
| lease rentals or purchase price of any such lands, waters, or | 24950 |
| riparian rights, as well as all costs and expenses of constructing | 24951 |
| any such reservoirs, ponds, water parks, basins, lakes, or other | 24952 |
| incidental works on those lands, may be paid for from any funds | 24953 |
| appropriated for the use of or paid into the division of soil and | 24954 |
| water resources and available for that purpose. The chief may | 24955 |
| accept contributions to those funds from individuals, | 24956 |
| associations, clubs, organizations, and corporations. | 24957 |
| Sec. 1531.01. As used in this chapter and Chapter 1533. of | 24958 |
| the Revised Code: | 24959 |
| (A) "Person" means a person as defined in section 1.59 of the | 24960 |
| Revised Code or a company; an employee, agent, or officer of such | 24961 |
| a person or company; a combination of individuals; the state; a | 24962 |
| political subdivision of the state; an interstate body created by | 24963 |
| a compact; or the federal government or a department, agency, or | 24964 |
| instrumentality of it. | 24965 |
| (B) "Resident" means any individual who has resided in this | 24966 |
| state for not less than six months next preceding the date of | 24967 |
| making application for a license. | 24968 |
| (C) "Nonresident" means any individual who does not qualify | 24969 |
| as a resident. | 24970 |
| (D) "Division rule" or "rule" means any rule adopted by the | 24971 |
| chief of the division of wildlife under section 1531.10 of the | 24972 |
| Revised Code unless the context indicates otherwise. | 24973 |
| (E) "Closed season" means that period of time during which | 24974 |
| the taking of wild animals protected by this chapter and Chapter | 24975 |
| 1533. of the Revised Code is prohibited. | 24976 |
| (F) "Open season" means that period of time during which the | 24977 |
| taking of wild animals protected by this chapter and Chapter 1533. | 24978 |
| of the Revised Code is permitted. | 24979 |
| (G) "Take or taking" includes pursuing, shooting, hunting, | 24980 |
| killing, trapping, angling, fishing with a trotline, or netting | 24981 |
| any clam, mussel, crayfish, aquatic insect, fish, frog, turtle, | 24982 |
| wild bird, or wild quadruped, and any lesser act, such as | 24983 |
| wounding, or placing, setting, drawing, or using any other device | 24984 |
| for killing or capturing any wild animal, whether it results in | 24985 |
| killing or capturing the animal or not. "Take or taking" includes | 24986 |
| every attempt to kill or capture and every act of assistance to | 24987 |
| any other person in killing or capturing or attempting to kill or | 24988 |
| capture a wild animal. | 24989 |
| (H) "Possession" means both actual and constructive | 24990 |
| possession and any control of things referred to. | 24991 |
| (I) "Bag limit" means the number, measurement, or weight of | 24992 |
| any kind of crayfish, aquatic insects, fish, frogs, turtles, wild | 24993 |
| birds, and wild quadrupeds permitted to be taken. | 24994 |
| (J) "Transport and transportation" means carrying or moving | 24995 |
| or causing to be carried or moved. | 24996 |
| (K) "Sell and sale" means barter, exchange, or offer or | 24997 |
| expose for sale. | 24998 |
| (L) "Whole to include part" means that every provision | 24999 |
| relating to any wild animal protected by this chapter and Chapter | 25000 |
| 1533. of the Revised Code applies to any part of the wild animal | 25001 |
| with the same effect as it applies to the whole. | 25002 |
| (M) "Angling" means fishing with not more than two hand | 25003 |
| lines, not more than two units of rod and line, or a combination | 25004 |
| of not more than one hand line and one rod and line, either in | 25005 |
| hand or under control at any time while fishing. The hand line or | 25006 |
| rod and line shall have attached to it not more than three baited | 25007 |
| hooks, not more than three artificial fly rod lures, or one | 25008 |
| artificial bait casting lure equipped with not more than three | 25009 |
| sets of three hooks each. | 25010 |
| (N) "Trotline" means a device for catching fish that consists | 25011 |
| of a line having suspended from it, at frequent intervals, | 25012 |
| vertical lines with hooks attached. | 25013 |
| (O) "Fish" means a cold-blooded vertebrate having fins. | 25014 |
| (P) "Measurement of fish" means length from the end of the | 25015 |
| nose to the longest tip or end of the tail. | 25016 |
| (Q) "Wild birds" includes game birds and nongame birds. | 25017 |
| (R) "Game" includes game birds, game quadrupeds, and | 25018 |
| fur-bearing animals. | 25019 |
| (S) "Game birds" includes mourning doves, ringneck pheasants, | 25020 |
| bobwhite quail, ruffed grouse, sharp-tailed grouse, pinnated | 25021 |
| grouse, wild turkey, Hungarian partridge, Chukar partridge, | 25022 |
| woodcocks, black-breasted plover, golden plover, Wilson's snipe or | 25023 |
| jacksnipe, greater and lesser yellowlegs, rail, coots, gallinules, | 25024 |
| duck, geese, brant, and crows. | 25025 |
| (T) "Nongame birds" includes all other wild birds not | 25026 |
| included and defined as game birds or migratory game birds. | 25027 |
| (U) "Wild quadrupeds" includes game quadrupeds and | 25028 |
| fur-bearing animals. | 25029 |
| (V) "Game quadrupeds" includes cottontail rabbits, gray | 25030 |
| squirrels, black squirrels, fox squirrels, red squirrels, flying | 25031 |
| squirrels, chipmunks, groundhogs or woodchucks, white-tailed deer, | 25032 |
| wild boar, and black bears. | 25033 |
| (W) "Fur-bearing animals" includes minks, weasels, raccoons, | 25034 |
| skunks, opossums, muskrats, fox, beavers, badgers, otters, | 25035 |
| coyotes, and bobcats. | 25036 |
| (X) "Wild animals" includes mollusks, crustaceans, aquatic | 25037 |
| insects, fish, reptiles, amphibians, wild birds, wild quadrupeds, | 25038 |
| and all other wild mammals, but does not include domestic deer. | 25039 |
| (Y) "Hunting" means pursuing, shooting, killing, following | 25040 |
| after or on the trail of, lying in wait for, shooting at, or | 25041 |
| wounding wild birds or wild quadrupeds while employing any device | 25042 |
| commonly used to kill or wound wild birds or wild quadrupeds | 25043 |
| whether or not the acts result in killing or wounding. "Hunting" | 25044 |
| includes every attempt to kill or wound and every act of | 25045 |
| assistance to any other person in killing or wounding or | 25046 |
| attempting to kill or wound wild birds or wild quadrupeds. | 25047 |
| (Z) "Trapping" means securing or attempting to secure | 25048 |
| possession of a wild bird or wild quadruped by means of setting, | 25049 |
| placing, drawing, or using any device that is designed to close | 25050 |
| upon, hold fast, confine, or otherwise capture a wild bird or wild | 25051 |
| quadruped whether or not the means results in capture. "Trapping" | 25052 |
| includes every act of assistance to any other person in capturing | 25053 |
| wild birds or wild quadrupeds by means of the device whether or | 25054 |
| not the means results in capture. | 25055 |
| (AA) "Muskrat spear" means any device used in spearing | 25056 |
| muskrats. | 25057 |
| (BB) "Channels and passages" means those narrow bodies of | 25058 |
| water lying between islands or between an island and the mainland | 25059 |
| in Lake Erie. | 25060 |
| (CC) "Island" means a rock or land elevation above the waters | 25061 |
| of Lake Erie having an area of five or more acres above water. | 25062 |
| (DD) "Reef" means an elevation of rock, either broken or in | 25063 |
| place, or gravel shown by the latest United States chart to be | 25064 |
| above the common level of the surrounding bottom of the lake, | 25065 |
| other than the rock bottom, or in place forming the base or | 25066 |
| foundation rock of an island or mainland and sloping from the | 25067 |
| shore of it. "Reef" also means all elevations shown by that chart | 25068 |
| to be above the common level of the sloping base or foundation | 25069 |
| rock of an island or mainland, whether running from the shore of | 25070 |
| an island or parallel with the contour of the shore of an island | 25071 |
| or in any other way and whether formed by rock, broken or in | 25072 |
| place, or from gravel. | 25073 |
| (EE) "Fur farm" means any area used exclusively for raising | 25074 |
| fur-bearing animals or in addition thereto used for hunting game, | 25075 |
| the boundaries of which are plainly marked as such. | 25076 |
| (FF) "Waters" includes any lake, pond, reservoir, stream, | 25077 |
| channel, lagoon, or other body of water, or any part thereof, | 25078 |
| whether natural or artificial. | 25079 |
| (GG) "Crib" or "car" refers to that particular compartment of | 25080 |
| the net from which the fish are taken when the net is lifted. | 25081 |
| (HH) "Commercial fish" means those species of fish permitted | 25082 |
| to be taken, possessed, bought, or sold unless otherwise | 25083 |
| restricted by the Revised Code or division rule and are alewife | 25084 |
| (Alosa pseudoharengus), American eel (Anguilla rostrata), bowfin | 25085 |
| (Amia calva), burbot (Lota lota), carp (Cyprinus carpio), | 25086 |
| smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo (Ictiobus | 25087 |
| cyprinellus), black bullhead (Ictalurus melas), yellow bullhead | 25088 |
| (Ictalurus natalis), brown bullhead (Ictalurus nebulosus), channel | 25089 |
| catfish (Ictalurus punctatus), flathead catfish (Pylodictis | 25090 |
| olivaris), whitefish (Coregonus sp.), cisco (Coregonus sp.), | 25091 |
| freshwater drum or sheepshead (Aplodinotus grunniens), gar | 25092 |
| (Lepisosteus sp.), gizzard shad (Dorosoma cepedianum), goldfish | 25093 |
| (Carassius auratus), lake trout (Salvelinus namaycush), mooneye | 25094 |
| (Hiodon tergisus), quillback (Carpiodes cyprinus), smelt | 25095 |
| (Allosmerus elongatus, Hypomesus sp., Osmerus sp., Spirinchus | 25096 |
| sp.), sturgeon (Acipenser sp., Scaphirhynchus sp.), sucker other | 25097 |
| than buffalo and quillback (Carpiodes sp., Catostomus sp., | 25098 |
| Hypentelium sp., Minytrema sp., Moxostoma sp.), white bass (Morone | 25099 |
| chrysops), white perch (Roccus americanus), and yellow perch | 25100 |
| (Perca flavescens). When the common name of a fish is used in this | 25101 |
| chapter or Chapter 1533. of the Revised Code, it refers to the | 25102 |
| fish designated by the scientific name in this definition. | 25103 |
| (II) "Fishing" means taking or attempting to take fish by any | 25104 |
| method, and all other acts such as placing, setting, drawing, or | 25105 |
| using any device commonly used to take fish whether resulting in a | 25106 |
| taking or not. | 25107 |
| (JJ) "Fillet" means the pieces of flesh taken or cut from | 25108 |
| both sides of a fish, joined to form one piece of flesh. | 25109 |
| (KK) "Part fillet" means a piece of flesh taken or cut from | 25110 |
| one side of a fish. | 25111 |
| (LL) "Round" when used in describing fish means with head and | 25112 |
| tail intact. | 25113 |
| (MM) "Migrate" means the transit or movement of fish to or | 25114 |
| from one place to another as a result of natural forces or | 25115 |
| instinct and includes, but is not limited to, movement of fish | 25116 |
| induced or caused by changes in the water flow. | 25117 |
| (NN) "Spreader bar" means a brail or rigid bar placed across | 25118 |
| the entire width of the back, at the top and bottom of the cars in | 25119 |
| all trap, crib, and fyke nets for the purpose of keeping the | 25120 |
| meshes hanging squarely while the nets are fishing. | 25121 |
| (OO) "Fishing guide" means any person who, for consideration | 25122 |
| or hire, operates a boat, rents, leases, or otherwise furnishes | 25123 |
| angling devices, ice fishing shanties or shelters of any kind, or | 25124 |
| other fishing equipment, and accompanies, guides, directs, or | 25125 |
| assists any other person in order for the other person to engage | 25126 |
| in fishing. | 25127 |
| (PP) "Net" means fishing devices with meshes composed of | 25128 |
| twine or synthetic material and includes, but is not limited to, | 25129 |
| trap nets, fyke nets, crib nets, carp aprons, dip nets, and | 25130 |
| seines, except minnow seines and minnow dip nets. | 25131 |
| (QQ) "Commercial fishing gear" means seines, trap nets, fyke | 25132 |
| nets, dip nets, carp aprons, trotlines, other similar gear, and | 25133 |
| any boat used in conjunction with that gear, but does not include | 25134 |
| gill nets. | 25135 |
| (RR) "Native wildlife" means any species of the animal | 25136 |
| kingdom indigenous to this state. | 25137 |
| (SS) "Gill net" means a single section of fabric or netting | 25138 |
| seamed to a float line at the top and a lead line at the bottom, | 25139 |
| which is designed to entangle fish in the net openings as they | 25140 |
| swim into it. | 25141 |
| (TT) "Tag fishing tournament" means a contest in which a | 25142 |
| participant pays a fee, or gives other valuable consideration, for | 25143 |
| a chance to win a prize by virtue of catching a tagged or | 25144 |
| otherwise specifically marked fish within a limited period of | 25145 |
| time. | 25146 |
| (UU) "Tenant" means an individual who resides on land for | 25147 |
| which the individual pays rent and whose annual income is | 25148 |
| primarily derived from agricultural production conducted on that | 25149 |
| land, as "agricultural production" is defined in section 929.01 of | 25150 |
| the Revised Code. | 25151 |
| (VV) "Nonnative wildlife" means any wild animal not | 25152 |
| indigenous to this state, but does not include domestic deer. | 25153 |
| (WW) "Reptiles" includes common musk turtle (sternotherus | 25154 |
| odoratus), common snapping turtle (Chelydra serpentina | 25155 |
| serpentina), spotted turtle (Clemmys guttata), eastern box turtle | 25156 |
| (Terrapene carolina carolina), Blanding's turtle (Emydoidea | 25157 |
| blandingii), common map turtle (Graptemys geographica), ouachita | 25158 |
| map turtle (Graptemys pseudogeographica ouachitensis), midland | 25159 |
| painted turtle (Chrysemys picta marginata), red-eared slider | 25160 |
| (Trachemys scripta elegans), eastern spiny softshell turtle | 25161 |
| (Apalone spinifera spinifera), midland smooth softshell turtle | 25162 |
| (Apalone mutica mutica), northern fence lizard (Sceloporus | 25163 |
| undulatus hyacinthinus), ground skink (Scincella lateralis), | 25164 |
| five-lined skink (Eumeces fasciatus), broadhead skink (Eumeces | 25165 |
| laticeps), northern coal skink (Eumeces anthracinus anthracinus), | 25166 |
| European wall lizard (Podarcis muralis), queen snake (Regina | 25167 |
| septemvittata), Kirtland's snake (Clonophis kirtlandii), northern | 25168 |
| water snake (Nerodia sipedon sipedon), Lake Erie watersnake | 25169 |
| (Nerodia sipedon insularum), copperbelly water snake (Nerodia | 25170 |
| erythrogaster neglecta), northern brown snake (Storeria dekayi | 25171 |
| dekayi), midland brown snake (Storeria dekayi wrightorum), | 25172 |
| northern redbelly snake (Storeria occipitomaculata | 25173 |
| occipitomaculata), eastern garter snake (Thamnophis sirtalis | 25174 |
| sirtalis), eastern plains garter snake (Thamnophis radix radix), | 25175 |
| Butler's garter snake (Thamnophis butleri), shorthead garter snake | 25176 |
| (Thamnophis brachystoma), eastern ribbon snake (Thamnophis | 25177 |
| sauritus sauritus), northern ribbon snake (Thamnophis sauritus | 25178 |
| septentrionalis), eastern hognose snake (Heterodon platirhinos), | 25179 |
| eastern smooth earth snake (Virginia valeriae valeriae), northern | 25180 |
| ringneck snake (Diadophis punctatus edwardsii), midwest worm snake | 25181 |
| (Carphophis amoenus helenae), eastern worm snake (Carphophis | 25182 |
| amoenus amoenus), black racer (Coluber constrictor constrictor), | 25183 |
| blue racer (Coluber constrictor foxii), rough green snake | 25184 |
| (opheodrys aestivus), smooth green snake (opheodrys vernalis | 25185 |
| vernalis), black rat snake (Elaphe obsoleta obsoleta), eastern fox | 25186 |
| snake (Elaphe vulpina gloydi), black kingsnake (Lampropeltis | 25187 |
| getula nigra), eastern milk snake (Lampropeltis triangulum | 25188 |
| triangulum), northern copperhead (Agkistrodon contortrix mokasen), | 25189 |
| eastern massasauga (Sistrurus catenatus catenatus), and timber | 25190 |
| rattlesnake (Crotalus horridus horridus). | 25191 |
| (XX) "Amphibians" includes eastern hellbender (Crytpobranchus | 25192 |
| alleganiensis alleganiensis), mudpuppy (Necturus maculosus | 25193 |
| maculosus), red-spotted newt (Notophthalmus viridescens | 25194 |
| viridescens), Jefferson salamander (Ambystoma jeffersonianum), | 25195 |
| spotted salamander (Ambystoma maculatum), blue-spotted salamander | 25196 |
| (Ambystoma laterale), smallmouth salamander (Ambystoma texanum), | 25197 |
| streamside salamander (Ambystoma barbouri), marbled salamander | 25198 |
| (Ambystoma opacum), eastern tiger salamander (Ambystoma tigrinum | 25199 |
| tigrinum), northern dusky salamander (Desmognathus fuscus fuscus), | 25200 |
| mountain dusky salamander (Desmognathus ochrophaeus), redback | 25201 |
| salamander (Plethodon cinereus), ravine salamander (Plethodon | 25202 |
| richmondi), northern slimy salamander (Plethodon glutinosus), | 25203 |
| Wehrle's salamander (Plethodon wehrlei), four-toed salamander | 25204 |
| (Hemidactylium scutatum), Kentucky spring salamander (Gyrinophilus | 25205 |
| porphyriticus duryi), northern spring salamander (Gyrinophilus | 25206 |
| porphyriticus porphyriticus), mud salamander (Pseudotriton | 25207 |
| montanus), northern red salamander (Pseudotriton ruber ruber), | 25208 |
| green salamander (Aneides aeneus), northern two-lined salamander | 25209 |
| (Eurycea bislineata), longtail salamander (Eurycea longicauda | 25210 |
| longicauda), cave salamander (Eurycea lucifuga), southern | 25211 |
| two-lined salamander (Eurycea cirrigera), Fowler's toad (Bufo | 25212 |
| woodhousii fowleri), American toad (Bufo americanus), eastern | 25213 |
| spadefoot (Scaphiopus holbrookii), Blanchard's cricket frog (Acris | 25214 |
| crepitans blanchardi), northern spring peeper (Pseudacris crucifer | 25215 |
| crucifer), gray treefrog (Hyla versicolor), Cope's gray treefrog | 25216 |
| (Hyla chrysoscelis), western chorus frog (Pseudacris triseriata | 25217 |
| triseriata), mountain chorus frog (Pseudacris brachyphona), | 25218 |
| bullfrog (Rana catesbeiana), green frog (Rana clamitans melanota), | 25219 |
| northern leopard frog (Rana pipiens), pickerel frog (Rana | 25220 |
| palustris), southern leopard frog (Rana utricularia), and wood | 25221 |
| frog (Rana sylvatica). | 25222 |
| (YY) "Deer" means white-tailed deer (Oddocoileus | 25223 |
| virginianus). | 25224 |
| (ZZ) "Domestic deer" means nonnative deer that have been | 25225 |
| legally acquired or their offspring and that are held in private | 25226 |
| ownership for primarily agricultural purposes. | 25227 |
| (AAA) "Migratory game bird" includes waterfowl (Anatidae); | 25228 |
| doves (Columbidae); cranes (Gruidae); cormorants | 25229 |
| (Phalacrocoracidea); rails, coots, and gallinules (Rallidae); and | 25230 |
| woodcock and snipe (Scolopacidae). | 25231 |
| (BBB) "Accompany" means to go along with another person while | 25232 |
| staying within a distance from the person that enables | 25233 |
| uninterrupted, unaided visual and auditory communication. | 25234 |
| (CCC) "Electric-powered all-purpose vehicle" means any | 25235 |
| battery-powered self-propelled electric vehicle that is designed | 25236 |
| primarily for cross-country travel on land, water, or land and | 25237 |
| water and that is steered by wheels, caterpillar treads, or a | 25238 |
| combination of wheels and caterpillar treads and includes vehicles | 25239 |
| that operate on a cushion of air, vehicles commonly known as | 25240 |
| all-terrain vehicles, all-season vehicles, mini-bikes, and trail | 25241 |
| bikes. "Electric-powered all-purpose vehicle" does not include a | 25242 |
| utility vehicle as defined in section 4501.01 of the Revised Code, | 25243 |
| any vehicle that is principally used in playing golf, any motor | 25244 |
| vehicle or aircraft that is required to be registered under | 25245 |
| Chapter 4503. or 4561. of the Revised Code, or any vehicle that is | 25246 |
| excluded from the definition of "motor vehicle" as provided in | 25247 |
| division (B) of section 4501.01 of the Revised Code. | 25248 |
| (DDD) "Children" means biological or adopted sons or | 25249 |
| daughters and adopted stepsons or stepdaughters. | 25250 |
| (EEE) "Grandchildren" means the children of one's child. | 25251 |
| Sec. 1533.10. Except as provided in this section or division | 25252 |
| (A)(2) of section 1533.12 of the Revised Code, no person shall | 25253 |
| hunt any wild bird or wild quadruped without a hunting license. | 25254 |
| Each day that any person hunts within the state without procuring | 25255 |
| such a license constitutes a separate offense. Except as otherwise | 25256 |
| provided in this section, every applicant for a hunting license | 25257 |
| who is a resident of the state and eighteen years of age or more | 25258 |
| shall procure a resident hunting license or an apprentice resident | 25259 |
| hunting license, the fee for which shall be eighteen dollars | 25260 |
| unless the rules adopted under division (B) of section 1533.12 of | 25261 |
| the Revised Code provide for issuance of a resident hunting | 25262 |
| license to the applicant free of charge. Except as provided in | 25263 |
| rules adopted under division (B)(2) of that section, each | 25264 |
| applicant who is a resident of this state and who at the time of | 25265 |
| application is sixty-six years of age or older shall procure a | 25266 |
| special senior hunting license, the fee for which shall be | 25267 |
| one-half of the regular hunting license fee. Every applicant who | 25268 |
| is under the age of eighteen years shall procure a special youth | 25269 |
| hunting license or an apprentice youth hunting license, the fee | 25270 |
| for which shall be one-half of the regular hunting license fee. | 25271 |
| The owner of lands in the state and the owner's children of any | 25272 |
|
age and grandchildren | 25273 |
| the lands without a hunting license. The tenant and children of | 25274 |
| the tenant, residing on lands in the state, may hunt on them | 25275 |
| without a hunting license. Except as otherwise provided in | 25276 |
| division (A)(1) of section 1533.12 of the Revised Code, every | 25277 |
| applicant for a hunting license who is a nonresident of the state | 25278 |
| and who is eighteen years of age or older shall procure a | 25279 |
| nonresident hunting license or an apprentice nonresident hunting | 25280 |
| license, the fee for which shall be one hundred twenty-four | 25281 |
| dollars unless the applicant is a resident of a state that is a | 25282 |
| party to an agreement under section 1533.91 of the Revised Code, | 25283 |
| in which case the fee shall be eighteen dollars. Apprentice | 25284 |
| resident hunting licenses, apprentice youth hunting licenses, and | 25285 |
| apprentice nonresident hunting licenses are subject to the | 25286 |
| requirements established under section 1533.102 of the Revised | 25287 |
| Code and rules adopted pursuant to it. | 25288 |
| The chief of the division of wildlife may issue a small game | 25289 |
| hunting license expiring three days from the effective date of the | 25290 |
| license to a nonresident of the state, the fee for which shall be | 25291 |
| thirty-nine dollars. No person shall take or possess deer, wild | 25292 |
| turkeys, fur-bearing animals, ducks, geese, brant, or any nongame | 25293 |
| animal while possessing only a small game hunting license. A | 25294 |
| small game hunting license or an apprentice nonresident hunting | 25295 |
| license does not authorize the taking or possessing of ducks, | 25296 |
| geese, or brant without having obtained, in addition to the small | 25297 |
| game hunting license or the apprentice nonresident hunting | 25298 |
| license, a wetlands habitat stamp as provided in section 1533.112 | 25299 |
| of the Revised Code. A small game hunting license or an | 25300 |
| apprentice nonresident hunting license does not authorize the | 25301 |
| taking or possessing of deer, wild turkeys, or fur-bearing | 25302 |
| animals. A nonresident of the state who wishes to take or possess | 25303 |
| deer, wild turkeys, or fur-bearing animals in this state shall | 25304 |
| procure, respectively, a deer or wild turkey permit as provided in | 25305 |
| section 1533.11 of the Revised Code or a fur taker permit as | 25306 |
| provided in section 1533.111 of the Revised Code in addition to a | 25307 |
| nonresident hunting license, an apprentice nonresident hunting | 25308 |
| license, a special youth hunting license, or an apprentice youth | 25309 |
| hunting license, as applicable, as provided in this section. | 25310 |
| No person shall procure or attempt to procure a hunting | 25311 |
| license by fraud, deceit, misrepresentation, or any false | 25312 |
| statement. | 25313 |
| This section does not authorize the taking and possessing of | 25314 |
| deer or wild turkeys without first having obtained, in addition to | 25315 |
| the hunting license required by this section, a deer or wild | 25316 |
| turkey permit as provided in section 1533.11 of the Revised Code | 25317 |
| or the taking and possessing of ducks, geese, or brant without | 25318 |
| first having obtained, in addition to the hunting license required | 25319 |
| by this section, a wetlands habitat stamp as provided in section | 25320 |
| 1533.112 of the Revised Code. | 25321 |
| This section does not authorize the hunting or trapping of | 25322 |
| fur-bearing animals without first having obtained, in addition to | 25323 |
| a hunting license required by this section, a fur taker permit as | 25324 |
| provided in section 1533.111 of the Revised Code. | 25325 |
| No hunting license shall be issued unless it is accompanied | 25326 |
| by a written explanation of the law in section 1533.17 of the | 25327 |
| Revised Code and the penalty for its violation, including a | 25328 |
| description of terms of imprisonment and fines that may be | 25329 |
| imposed. | 25330 |
| No hunting license, other than an apprentice hunting license, | 25331 |
| shall be issued unless the applicant presents to the agent | 25332 |
| authorized to issue the license a previously held hunting license | 25333 |
| or evidence of having held such a license in content and manner | 25334 |
| approved by the chief, a certificate of completion issued upon | 25335 |
| completion of a hunter education and conservation course approved | 25336 |
| by the chief, or evidence of equivalent training in content and | 25337 |
| manner approved by the chief. A previously held apprentice hunting | 25338 |
| license does not satisfy the requirement concerning the | 25339 |
| presentation of a previously held hunting license or evidence of | 25340 |
| it. | 25341 |
| No person shall issue a hunting license, except an apprentice | 25342 |
| hunting license, to any person who fails to present the evidence | 25343 |
| required by this section. No person shall purchase or obtain a | 25344 |
| hunting license, other than an apprentice hunting license, without | 25345 |
| presenting to the issuing agent the evidence required by this | 25346 |
| section. Issuance of a hunting license in violation of the | 25347 |
| requirements of this section is an offense by both the purchaser | 25348 |
| of the illegally obtained hunting license and the clerk or agent | 25349 |
| who issued the hunting license. Any hunting license issued in | 25350 |
| violation of this section is void. | 25351 |
| The chief, with approval of the wildlife council, shall adopt | 25352 |
| rules prescribing a hunter education and conservation course for | 25353 |
| first-time hunting license buyers, other than buyers of apprentice | 25354 |
| hunting licenses, and for volunteer instructors. The course shall | 25355 |
| consist of subjects including, but not limited to, hunter safety | 25356 |
| and health, use of hunting implements, hunting tradition and | 25357 |
| ethics, the hunter and conservation, the law in section 1533.17 of | 25358 |
| the Revised Code along with the penalty for its violation, | 25359 |
| including a description of terms of imprisonment and fines that | 25360 |
| may be imposed, and other law relating to hunting. Authorized | 25361 |
| personnel of the division or volunteer instructors approved by the | 25362 |
| chief shall conduct such courses with such frequency and at such | 25363 |
| locations throughout the state as to reasonably meet the needs of | 25364 |
| license applicants. The chief shall issue a certificate of | 25365 |
| completion to each person who successfully completes the course | 25366 |
| and passes an examination prescribed by the chief. | 25367 |
| Sec. 1533.11. (A) Except as provided in this section, no | 25368 |
| person shall hunt deer on lands of another without first obtaining | 25369 |
| an annual deer permit. Except as provided in this section, no | 25370 |
| person shall hunt wild turkeys on lands of another without first | 25371 |
| obtaining an annual wild turkey permit. Each applicant for a deer | 25372 |
| or wild turkey permit shall pay an annual fee of twenty-three | 25373 |
| dollars for each permit unless the rules adopted under division | 25374 |
| (B) of section 1533.12 of the Revised Code provide for issuance of | 25375 |
| a deer or wild turkey permit to the applicant free of charge. | 25376 |
| Except as provided in rules adopted under division (B)(2) of that | 25377 |
| section, each applicant who is a resident of this state and who at | 25378 |
| the time of application is sixty-six years of age or older shall | 25379 |
| procure a senior deer or wild turkey permit, the fee for which | 25380 |
| shall be one-half of the regular deer or wild turkey permit fee. | 25381 |
| Each applicant who is under the age of eighteen years shall | 25382 |
| procure a youth deer or wild turkey permit, the fee for which | 25383 |
| shall be one-half of the regular deer or wild turkey permit fee. | 25384 |
| Except as provided in division (A)(2) of section 1533.12 of the | 25385 |
| Revised Code, a deer or wild turkey permit shall run concurrently | 25386 |
| with the hunting license. The money received shall be paid into | 25387 |
| the state treasury to the credit of the wildlife fund, created in | 25388 |
| section 1531.17 of the Revised Code, exclusively for the use of | 25389 |
| the division of wildlife in the acquisition and development of | 25390 |
| land for deer or wild turkey management, for investigating deer or | 25391 |
| wild turkey problems, and for the stocking, management, and | 25392 |
| protection of deer or wild turkey. Every person, while hunting | 25393 |
| deer or wild turkey on lands of another, shall carry the person's | 25394 |
| deer or wild turkey permit and exhibit it to any enforcement | 25395 |
| officer so requesting. Failure to so carry and exhibit such a | 25396 |
| permit constitutes an offense under this section. The chief of the | 25397 |
| division of wildlife shall adopt any additional rules the chief | 25398 |
| considers necessary to carry out this section and section 1533.10 | 25399 |
| of the Revised Code. | 25400 |
| The owner and the children of the owner of lands in this | 25401 |
| state may hunt deer or wild turkey thereon without a deer or wild | 25402 |
| turkey permit. The tenant and children of the tenant may hunt deer | 25403 |
| or wild turkey on lands where they reside without a deer or wild | 25404 |
| turkey permit. | 25405 |
| (B) A deer or wild turkey permit is not transferable. No | 25406 |
| person shall carry a deer or wild turkey permit issued in the name | 25407 |
| of another person. | 25408 |
| (C) The wildlife refunds fund is hereby created in the state | 25409 |
| treasury. The fund shall consist of money received from | 25410 |
| application fees for deer permits that are not issued. Money in | 25411 |
| the fund shall be used to make refunds of such application fees. | 25412 |
| (D) If the division establishes a system for the electronic | 25413 |
| submission of information regarding deer or wild turkey that are | 25414 |
| taken, the division shall allow the owner and the children of the | 25415 |
| owner of lands in this state to use the owner's name or address | 25416 |
| for purposes of submitting that information electronically via | 25417 |
| that system. | 25418 |
| Sec. 1533.12. (A)(1) Except as otherwise provided in | 25419 |
| division (A)(2) of this section, every person on active duty in | 25420 |
| the armed forces of the United States who is stationed in this | 25421 |
| state and who wishes to engage in an activity for which a license, | 25422 |
| permit, or stamp is required under this chapter first shall obtain | 25423 |
| the requisite license, permit, or stamp. Such a person is eligible | 25424 |
| to obtain a resident hunting or fishing license regardless of | 25425 |
| whether the person qualifies as a resident of this state. To | 25426 |
| obtain a resident hunting or fishing license, the person shall | 25427 |
| present a card or other evidence identifying the person as being | 25428 |
| on active duty in the armed forces of the United States and as | 25429 |
| being stationed in this state. | 25430 |
| (2) Every person on active duty in the armed forces of the | 25431 |
| United States, while on leave or furlough, may take or catch fish | 25432 |
| of the kind lawfully permitted to be taken or caught within the | 25433 |
| state, may hunt any wild bird or wild quadruped lawfully permitted | 25434 |
| to be hunted within the state, and may trap fur-bearing animals | 25435 |
| lawfully permitted to be trapped within the state, without | 25436 |
| procuring a fishing license, a hunting license, a fur taker | 25437 |
| permit, or a wetlands habitat stamp required by this chapter, | 25438 |
| provided that the person shall carry on the person when fishing, | 25439 |
| hunting, or trapping, a card or other evidence identifying the | 25440 |
| person as being on active duty in the armed forces of the United | 25441 |
| States, and provided that the person is not otherwise violating | 25442 |
| any of the hunting, fishing, and trapping laws of this state. | 25443 |
| In order to hunt deer or wild turkey, any such person shall | 25444 |
| obtain a deer or wild turkey permit, as applicable, under section | 25445 |
| 1533.11 of the Revised Code. However, the person need not obtain a | 25446 |
| hunting license in order to obtain such a permit. | 25447 |
| (B) The chief of the division of wildlife shall provide by | 25448 |
| rule adopted under section 1531.10 of the Revised Code all of the | 25449 |
| following: | 25450 |
| (1) Every resident of this state with a disability that has | 25451 |
| been determined by the veterans administration to be permanently | 25452 |
| and totally disabling, who receives a pension or compensation from | 25453 |
| the veterans administration, and who received an honorable | 25454 |
| discharge from the armed forces of the United States, and every | 25455 |
| veteran to whom the registrar of motor vehicles has issued a set | 25456 |
| of license plates under section 4503.41 of the Revised Code, shall | 25457 |
| be issued a fishing license, hunting license, fur taker permit, | 25458 |
| deer or wild turkey permit, or wetlands habitat stamp, or any | 25459 |
| combination of those licenses, permits, and stamp, free of charge | 25460 |
| on an annual, multi-year, or lifetime basis as determined | 25461 |
| appropriate by the chief when application is made to the chief in | 25462 |
| the manner prescribed by and on forms provided by the chief. | 25463 |
| (2) Every resident of the state who was born on or before | 25464 |
| December 31, 1937, shall be issued an annual fishing license, | 25465 |
| hunting license, fur taker permit, deer or wild turkey permit, or | 25466 |
| wetlands habitat stamp, or any combination of those licenses, | 25467 |
| permits, and stamp, free of charge when application is made to the | 25468 |
| chief in the manner prescribed by and on forms provided by the | 25469 |
| chief. | 25470 |
| (3) Every resident of state or county institutions, | 25471 |
| charitable institutions, and military homes in this state shall be | 25472 |
| issued an annual fishing license free of charge when application | 25473 |
| is made to the chief in the manner prescribed by and on forms | 25474 |
| provided by the chief. | 25475 |
| (4) Any mobility impaired or blind person, as defined in | 25476 |
| section 955.011 of the Revised Code, who is a resident of this | 25477 |
| state and who is unable to engage in fishing without the | 25478 |
| assistance of another person shall be issued an annual fishing | 25479 |
| license free of charge when application is made to the chief in | 25480 |
| the manner prescribed by and on forms provided by the chief. The | 25481 |
| person who is assisting the mobility impaired or blind person may | 25482 |
| assist in taking or catching fish of the kind permitted to be | 25483 |
| taken or caught without procuring the license required under | 25484 |
| section 1533.32 of the Revised Code, provided that only one line | 25485 |
| is used by both persons. | 25486 |
| (5) As used in division (B)(5) of this section, "prisoner of | 25487 |
| war" means any regularly appointed, enrolled, enlisted, or | 25488 |
| inducted member of the military forces of the United States who | 25489 |
| was captured, separated, and incarcerated by an enemy of the | 25490 |
| United States. | 25491 |
| Any person who has been a prisoner of war, was honorably | 25492 |
| discharged from the military forces, and is a resident of this | 25493 |
| state shall be issued a fishing license, hunting license, fur | 25494 |
| taker permit, or wetlands habitat stamp, or any combination of | 25495 |
| those licenses, permits, and stamp, free of charge on an annual, | 25496 |
| multi-year, or lifetime basis as determined appropriate by the | 25497 |
| chief when application is made to the chief in the manner | 25498 |
| prescribed by and on forms provided by the chief. | 25499 |
| (6) Every member of the Ohio national guard shall be issued | 25500 |
| an annual fishing license, hunting license, or combination of | 25501 |
| those licenses free of charge when application is made to the | 25502 |
| chief in the manner prescribed by and on forms provided by the | 25503 |
| chief. | 25504 |
| (C) The chief shall adopt rules pursuant to section 1531.08 | 25505 |
| of the Revised Code designating not more than two days, which need | 25506 |
| not be consecutive, in each year as "free sport fishing days" on | 25507 |
| which any resident may exercise the privileges accorded the holder | 25508 |
| of a fishing license issued under section 1533.32 of the Revised | 25509 |
| Code without procuring such a license, provided that the person is | 25510 |
| not otherwise violating any of the fishing laws of this state. | 25511 |
| Sec. 1541.03. All lands and waters dedicated and set apart | 25512 |
| for state park purposes shall be under the control and management | 25513 |
| of the division of parks and recreation, which shall protect, | 25514 |
| maintain, and keep them in repair. The division shall have the | 25515 |
| following powers over all such lands and waters: | 25516 |
| (A) To make alterations and improvements; | 25517 |
| (B) To construct and maintain dikes, wharves, landings, | 25518 |
| docks, dams, and other works; | 25519 |
| (C) To construct and maintain roads and drives in, around, | 25520 |
| upon, and to the lands and waters to make them conveniently | 25521 |
| accessible and useful to the public; | 25522 |
| (D) Except as otherwise provided in this section, to adopt, | 25523 |
| amend, and rescind, in accordance with Chapter 119. of the Revised | 25524 |
| Code, rules necessary for the proper management of state parks, | 25525 |
| bodies of water, and the lands adjacent to them under its | 25526 |
| jurisdiction and control, including the following: | 25527 |
| (1) Governing opening and closing times and dates of the | 25528 |
| parks; | 25529 |
| (2) Establishing fees and charges for use of facilities in | 25530 |
| state parks; | 25531 |
| (3) Governing camps, camping, and fees for camps and camping; | 25532 |
| (4) Governing the application for and rental of, rental fees | 25533 |
| for, and the use of cottages; | 25534 |
| (5) Relating to public use of state park lands, and governing | 25535 |
| the operation of motor vehicles, including speeds, and parking on | 25536 |
| those lands; | 25537 |
| (6) Governing all advertising within state parks and the | 25538 |
| requirements for the operation of places selling tangible personal | 25539 |
| property and control of food service sales on lands and waters | 25540 |
| under the control of the division, which rules shall establish | 25541 |
| uniform requirements; | 25542 |
| (7) Providing uniform standards relating to the size, type, | 25543 |
| location, construction, and maintenance of structures and devices | 25544 |
| used for fishing or moorage of watercraft, rowboats, sailboats, | 25545 |
| and powercraft, as those terms are defined in section 1547.01 of | 25546 |
| the Revised Code, over waters under the control of the division | 25547 |
| and establishing reasonable fees for the construction of and | 25548 |
| annual use permits for those structures and devices; | 25549 |
| (8) Governing state beaches, swimming, inflatable devices, | 25550 |
| and fees for them; | 25551 |
| (9) Governing the removal and disposition of any watercraft, | 25552 |
| rowboat, sailboat, or powercraft, as those terms are defined in | 25553 |
| section 1547.01 of the Revised Code, left unattended for more than | 25554 |
| seven days on any lands or waters under the control of the | 25555 |
| division; | 25556 |
| (10) Governing the establishment and collection of check | 25557 |
| collection charges for checks that are returned to the division or | 25558 |
| dishonored for any reason. | 25559 |
| (E) To coordinate and plan trails in accordance with section | 25560 |
| 1519.03 of the Revised Code; | 25561 |
| (F) To cooperate with the United States and agencies of it | 25562 |
| and with political subdivisions in administering federal | 25563 |
| recreation moneys under the "Land and Water Conservation Fund Act | 25564 |
| of 1965," 78 Stat. 897, 16 U.S.C. 4601-8, as amended; prepare and | 25565 |
| distribute the statewide comprehensive outdoor recreation plan; | 25566 |
| and administer the state recreational vehicle fund created in | 25567 |
| section 4519.11 of the Revised Code; | 25568 |
| (G) To administer any state or federally funded grant program | 25569 |
| that is related to natural resources and recreation as considered | 25570 |
| necessary by the director of natural resources; | 25571 |
| (H) To assist the department of natural resources and its | 25572 |
| divisions by providing department-wide planning, capital | 25573 |
| improvements planning, and special purpose planning. | 25574 |
| With the approval of the director, the chief of the division | 25575 |
| of parks and recreation may enter into contracts or agreements | 25576 |
| with any agency of the United States government, any other public | 25577 |
| agency, or any private entity or organization for the performance | 25578 |
| of the duties of the division. | 25579 |
| The division shall adopt rules under this section | 25580 |
| establishing a discount program for all persons who are issued a | 25581 |
| golden buckeye card under section 173.06 of the Revised Code. The | 25582 |
| discount program shall provide a discount for all park services | 25583 |
| and rentals, but shall not provide a discount for the purchase of | 25584 |
| merchandise. | 25585 |
| The division shall not adopt rules establishing fees or | 25586 |
| charges for parking a motor vehicle in a state park or for | 25587 |
| admission to a state park. | 25588 |
| Every resident of this state with a disability that has been | 25589 |
| determined by the veterans administration to be permanently and | 25590 |
| totally disabling, who receives a pension or compensation from the | 25591 |
| veterans administration, and who received an honorable discharge | 25592 |
| from the armed forces of the United States, and every veteran to | 25593 |
| whom the registrar of motor vehicles has issued a set of license | 25594 |
| plates under section 4503.41 of the Revised Code, shall be exempt | 25595 |
| from the fees for camping, provided that the resident or veteran | 25596 |
| carries in the state park such evidence of the resident's or | 25597 |
|
veteran's disability as the chief | 25598 |
| 25599 |
| Unless otherwise provided by division rule, every resident of | 25600 |
| this state who is sixty-five years of age or older or who is | 25601 |
| permanently and totally disabled and who furnishes evidence of | 25602 |
| that age or disability in a manner prescribed by division rule | 25603 |
| shall be charged one-half of the regular fee for camping, except | 25604 |
| on the weekends and holidays designated by the division, and shall | 25605 |
| not be charged more than ninety per cent of the regular charges | 25606 |
| for state recreational facilities, equipment, services, and food | 25607 |
| service operations utilized by the person at any time of year, | 25608 |
| whether maintained or operated by the state or leased for | 25609 |
| operation by another entity. | 25610 |
| As used in this section, "food service operations" means | 25611 |
| restaurants that are owned by the department of natural resources | 25612 |
| at Hocking Hills, Lake Hope, Malabar Farm, and Rocky Fork state | 25613 |
| parks or are part of a state park lodge. "Food service | 25614 |
| operations" does not include automatic vending machines, | 25615 |
| concession stands, or snack bars. | 25616 |
| As used in this section, "prisoner of war" means any | 25617 |
| regularly appointed, enrolled, enlisted, or inducted member of the | 25618 |
| military forces of the United States who was captured, separated, | 25619 |
| and incarcerated by an enemy of the United States. Any person who | 25620 |
| has been a prisoner of war, was honorably discharged from the | 25621 |
| military forces, and is a resident of this state is exempt from | 25622 |
| the fees for camping. To claim this exemption, the person shall | 25623 |
| present written evidence in the form of a record of separation, a | 25624 |
| letter from one of the military forces of the United States, or | 25625 |
| such other evidence as the chief prescribes by rule that satisfies | 25626 |
| the eligibility criteria established by this section. | 25627 |
| Sec. 1545.073. (A) A board of park commissioners of a park | 25628 |
| district may create a building department and employ the personnel | 25629 |
| it determines necessary to administer and enforce this section. | 25630 |
| The building department may enforce the state nonresidential | 25631 |
| building code adopted pursuant to Chapter 3781. of the Revised | 25632 |
| Code regarding any building existing or constructed on the park | 25633 |
| district's property if the building department is certified | 25634 |
| pursuant to section 3781.10 of the Revised Code to enforce that | 25635 |
| code. | 25636 |
| (B) The board may direct the building department, upon | 25637 |
| certification, to exercise enforcement authority and to accept and | 25638 |
| approve plans regarding any building existing or constructed on | 25639 |
| the park district's property pursuant to sections 3781.10 and | 25640 |
| 3791.04 of the Revised Code for the class of building for which | 25641 |
| the department and personnel are certified. | 25642 |
| (C) Where a municipal, township, or county building | 25643 |
| department is located within the same jurisdiction of a park | 25644 |
| district building department certified to exercise enforcement | 25645 |
| authority pursuant to sections 3781.10 and 3791.04 of the Revised | 25646 |
| Code, the municipal, township, or county building department shall | 25647 |
| not exercise its enforcement authority regarding any buildings | 25648 |
| existing or constructed on the park district's property. | 25649 |
| Sec. 1548.10. (A) The clerk of the court of common pleas | 25650 |
| shall charge and retain fees as follows: | 25651 |
| (1) Fifteen dollars for each duplicate copy of a | 25652 |
| certificate of title. The clerk shall retain that entire fee. | 25653 |
| (2) Fifteen dollars for each certificate of title, which | 25654 |
| shall include any notation or indication of any lien or security | 25655 |
| interest on a certificate of title and any memorandum certificate | 25656 |
| of title or non-negotiable evidence of ownership requested at the | 25657 |
| time the certificate of title is issued. The clerk shall retain | 25658 |
| ten dollars and fifty cents of that fee when there is a notation | 25659 |
| of a lien or security interest on the certificate of title and | 25660 |
| twelve dollars when there is no lien or security interest noted on | 25661 |
| the certificate of title. | 25662 |
| (3) Five dollars for each certificate of title with no | 25663 |
| security interest noted that is issued to a licensed watercraft | 25664 |
| dealer for resale purposes. The clerk shall retain two dollars of | 25665 |
| that fee. | 25666 |
| (4) Five dollars for each memorandum certificate of title or | 25667 |
| non-negotiable evidence of ownership that is applied for | 25668 |
| separately. The clerk shall retain that entire fee. | 25669 |
| (B) The fees charged for a certificate of title and the | 25670 |
| notation or indication of any lien or security interest on a | 25671 |
| certificate of title that are not retained by the clerk shall be | 25672 |
| paid to the chief of the division of watercraft by monthly | 25673 |
| returns, which shall be forwarded to the chief not later than the | 25674 |
| fifth day of the month next succeeding that in which the | 25675 |
| certificate is forwarded, or that in which the chief is notified | 25676 |
| of a lien or security interest or cancellation of a lien or | 25677 |
| security interest. | 25678 |
| The chief shall deposit one dollar of the amount the chief | 25679 |
| receives for each certificate of title in the automated title | 25680 |
| processing fund created in section 4505.09 of the Revised Code. | 25681 |
| Moneys deposited in that fund under this section shall be used for | 25682 |
| the purpose specified in division (B)(3)(b) of that section. | 25683 |
| Sec. 1707.17. (A)(1) The license of every dealer in and | 25684 |
| salesperson of securities shall expire on the thirty-first day of | 25685 |
| December of each year, and may be renewed upon the filing with the | 25686 |
| division of securities of an application for renewal, and the | 25687 |
| payment of the fee prescribed in this section. The division shall | 25688 |
| give notice, without unreasonable delay, of its action on any | 25689 |
| application for renewal of a dealer's or salesperson's license. | 25690 |
| (2) The license of every investment adviser and investment | 25691 |
| adviser representative licensed under section 1707.141 or 1707.161 | 25692 |
| of the Revised Code shall expire on the thirty-first day of | 25693 |
| December of each year. The licenses may be renewed upon the | 25694 |
| filing with the division of an application for renewal, and the | 25695 |
| payment of the fee prescribed in division (B) of this section. The | 25696 |
| division shall give notice, without unreasonable delay, of its | 25697 |
| action on any application for renewal. | 25698 |
| (3) An investment adviser required to make a notice filing | 25699 |
| under division (B) of section 1707.141 of the Revised Code | 25700 |
| annually shall file with the division the notice filing and the | 25701 |
| fee prescribed in division (B) of this section, no later than the | 25702 |
| thirty-first day of December of each year. | 25703 |
| (4) The license of every state retirement system investment | 25704 |
| officer licensed under section 1707.163 of the Revised Code and | 25705 |
| the license of a bureau of workers' compensation chief investment | 25706 |
| officer issued under section 1707.165 of the Revised Code shall | 25707 |
| expire on the thirtieth day of June of each year. The licenses may | 25708 |
| be renewed on the filing with the division of an application for | 25709 |
| renewal, and the payment of the fee prescribed in division (B) of | 25710 |
| this section. The division shall give notice, without unreasonable | 25711 |
| delay, of its action on any application for renewal. | 25712 |
| (B)(1) The fee for each dealer's license, and for each annual | 25713 |
|
renewal thereof, shall be
| 25714 |
| (2) The fee for each salesperson's license, and for each | 25715 |
|
annual
renewal thereof, shall be | 25716 |
| (3) The fee for each investment adviser's license, and for | 25717 |
|
each annual renewal thereof, shall be
| 25718 |
| (4) The fee for each investment adviser notice filing | 25719 |
| required by division (B) of section 1707.141 of the Revised Code | 25720 |
|
shall be
| 25721 |
| (5) The fee for each investment adviser representative's | 25722 |
| license, and for each annual renewal thereof, shall be thirty-five | 25723 |
| dollars. | 25724 |
| (6) The fee for each state retirement system investment | 25725 |
| officer's license, and for each annual renewal thereof, shall be | 25726 |
| fifty dollars. | 25727 |
| (7) The fee for a bureau of workers' compensation chief | 25728 |
| investment officer's license, and for each annual renewal thereof, | 25729 |
| shall be fifty dollars. | 25730 |
| (C) A dealer's, salesperson's, investment adviser's, | 25731 |
| investment adviser representative's, bureau of workers' | 25732 |
| compensation chief investment officer's, or state retirement | 25733 |
| system investment officer's license may be issued at any time for | 25734 |
| the remainder of the calendar year. In that event, the annual fee | 25735 |
| shall not be reduced. | 25736 |
| Sec. 1710.02. (A) A special improvement district may be | 25737 |
| created within the boundaries of any one municipal corporation, | 25738 |
| any one township, or any combination of contiguous municipal | 25739 |
| corporations and townships by a petition of the property owners | 25740 |
| within the proposed district, for the purpose of developing and | 25741 |
| implementing plans for public improvements and public services | 25742 |
| that benefit the district. All territory in a district shall be | 25743 |
| contiguous. | 25744 |
| The district shall be governed by the board of trustees of a | 25745 |
| nonprofit corporation. This board shall be known as the board of | 25746 |
| directors of the special improvement district. No special | 25747 |
| improvement district shall include any church property, or | 25748 |
| property of the federal or state government or a county, township, | 25749 |
| or municipal corporation, unless the church or the county, | 25750 |
| township, or municipal corporation specifically requests in | 25751 |
| writing that the property be included within the district. More | 25752 |
| than one district may be created within a participating political | 25753 |
| subdivision, but no real property may be included within more than | 25754 |
| one district unless the owner of the property files a written | 25755 |
| consent with the clerk of the legislative authority, the township | 25756 |
| fiscal officer, or the village clerk, as appropriate. The area of | 25757 |
| each district shall be contiguous. | 25758 |
| (B) Except as provided in division (C) of this section, a | 25759 |
| district created under this chapter is not a political | 25760 |
| subdivision. A district created under this chapter shall be | 25761 |
| considered a public agency under section 102.01 and a public | 25762 |
| authority under section 4115.03 of the Revised Code. Each member | 25763 |
| of the board of directors of a district, each member's designee or | 25764 |
| proxy, and each officer and employee of a district shall be | 25765 |
| considered a public official or employee under section 102.01 of | 25766 |
| the Revised Code and a public official and public servant under | 25767 |
| section 2921.42 of the Revised Code. Districts created under this | 25768 |
|
chapter are not subject to section | 25769 |
| Code. Districts created under this chapter are subject to sections | 25770 |
| 121.22 and 121.23 of the Revised Code. | 25771 |
| (C) Each district created under this chapter shall be | 25772 |
| considered a political subdivision for purposes of section 4905.34 | 25773 |
| of the Revised Code. | 25774 |
| Membership on the board of directors of the district shall | 25775 |
| not be considered as holding a public office. Directors and their | 25776 |
| designees shall be entitled to the immunities provided by Chapter | 25777 |
| 1702. and to the same immunity as an employee under division | 25778 |
| (A)(6) of section 2744.03 of the Revised Code, except that | 25779 |
| directors and their designees shall not be entitled to the | 25780 |
| indemnification provided in section 2744.07 of the Revised Code | 25781 |
| unless the director or designee is an employee or official of a | 25782 |
| participating political subdivision of the district and is acting | 25783 |
| within the scope of the director's or designee's employment or | 25784 |
| official responsibilities. | 25785 |
| District officers and district members and directors and | 25786 |
| their designees or proxies shall not be required to file a | 25787 |
| statement with the Ohio ethics commission under section 102.02 of | 25788 |
| the Revised Code. All records of the district shall be treated as | 25789 |
| public records under section 149.43 of the Revised Code, except | 25790 |
| that records of organizations contracting with a district shall | 25791 |
| not be considered to be public records under section 149.43 or | 25792 |
| section 149.431 of the Revised Code solely by reason of any | 25793 |
| contract with a district. | 25794 |
| (D) Except as otherwise provided in this section, the | 25795 |
| nonprofit corporation that governs a district shall be organized | 25796 |
| in the manner described in Chapter 1702. of the Revised Code. The | 25797 |
| corporation's articles of incorporation are required to be | 25798 |
| approved, as provided in division (E) of this section, by | 25799 |
| resolution of the legislative authority of each participating | 25800 |
| political subdivision of the district. A copy of that resolution | 25801 |
| shall be filed along with the articles of incorporation in the | 25802 |
| secretary of state's office. | 25803 |
| In addition to meeting the requirements for articles of | 25804 |
| incorporation set forth in Chapter 1702. of the Revised Code, the | 25805 |
| articles of incorporation for the nonprofit corporation governing | 25806 |
| a district formed under this chapter shall provide all the | 25807 |
| following: | 25808 |
| (1) The name for the district, which shall include the name | 25809 |
| of each participating political subdivision of the district; | 25810 |
| (2) A description of the territory within the district, which | 25811 |
| may be all or part of each participating political subdivision. | 25812 |
| The description shall be specific enough to enable real property | 25813 |
| owners to determine if their property is located within the | 25814 |
| district. | 25815 |
| (3) A description of the procedure by which the articles of | 25816 |
| incorporation may be amended. The procedure shall include | 25817 |
| receiving approval of the amendment, by resolution, from the | 25818 |
| legislative authority of each participating political subdivision | 25819 |
| and filing the approved amendment and resolution with the | 25820 |
| secretary of state. | 25821 |
| (4) The reasons for creating the district, plus an | 25822 |
| explanation of how the district will be conducive to the public | 25823 |
| health, safety, peace, convenience, and welfare of the district. | 25824 |
| (E) The articles of incorporation for a nonprofit corporation | 25825 |
| governing a district created under this chapter and amendments to | 25826 |
| them shall be submitted to the municipal executive, if any, and | 25827 |
| the legislative authority of each municipal corporation or | 25828 |
| township in which the proposed district is to be located, | 25829 |
| accompanied by a petition signed either by the owners of at least | 25830 |
| sixty per cent of the front footage of all real property located | 25831 |
| in the proposed district that abuts upon any street, alley, public | 25832 |
| road, place, boulevard, parkway, park entrance, easement, or other | 25833 |
| existing public improvement within the proposed district, | 25834 |
| excluding church property or property owned by the state, county, | 25835 |
| township, municipal, or federal government, unless a church, | 25836 |
| county, township, or municipal corporation has specifically | 25837 |
| requested in writing that the property be included in the | 25838 |
| district, or by the owners of at least seventy-five per cent of | 25839 |
| the area of all real property located within the proposed | 25840 |
| district, excluding church property or property owned by the | 25841 |
| state, county, township, municipal, or federal government, unless | 25842 |
| a church, county, township, or municipal corporation has | 25843 |
| specifically requested in writing that the property be included in | 25844 |
| the district. For purposes of determining compliance with these | 25845 |
| requirements, the area of the district, or the front footage and | 25846 |
| ownership of property, shall be as shown in the most current | 25847 |
| records available at the county recorder's office and the county | 25848 |
| engineer's office sixty days prior to the date on which the | 25849 |
| petition is filed. | 25850 |
| Each municipal corporation or township with which the | 25851 |
| petition is filed has sixty days to approve or disapprove, by | 25852 |
| resolution, the petition, including the articles of incorporation. | 25853 |
| This chapter does not prohibit or restrict the rights of municipal | 25854 |
| corporations under Article XVIII of the Ohio Constitution or the | 25855 |
| right of the municipal legislative authority to impose reasonable | 25856 |
| conditions in a resolution of approval. | 25857 |
| (F) Persons proposing creation and operation of the district | 25858 |
| may propose an initial plan for public services or public | 25859 |
| improvements that benefit all or any part of the district. Any | 25860 |
| initial plan shall be submitted as part of the petition proposing | 25861 |
| creation of the district. | 25862 |
| An initial plan may include provisions for the following: | 25863 |
| (1) Creation and operation of the district and of the | 25864 |
| nonprofit corporation to govern the district under this chapter; | 25865 |
| (2) Hiring employees and professional services; | 25866 |
| (3) Contracting for insurance; | 25867 |
| (4) Purchasing or leasing office space and office equipment; | 25868 |
| (5) Other actions necessary initially to form, operate, or | 25869 |
| organize the district and the nonprofit corporation to govern the | 25870 |
| district; | 25871 |
| (6) A plan for public improvements or public services that | 25872 |
| benefit all or part of the district, which plan shall comply with | 25873 |
| the requirements of division (A) of section 1710.06 of the Revised | 25874 |
| Code and may include, but is not limited to, any of the permissive | 25875 |
| provisions described in the fourth sentence of that division or | 25876 |
| listed in divisions (A)(1) to (5) of that section. | 25877 |
| After the initial plan is approved by all municipal | 25878 |
| corporations and townships to which it is submitted for approval | 25879 |
| and the district is created, each participating subdivision shall | 25880 |
| levy a special assessment within its boundaries to pay for the | 25881 |
| costs of the initial plan. The levy shall be for no more than ten | 25882 |
| years from the date of the approval of the initial plan. For | 25883 |
| purposes of levying an assessment for this initial plan, the | 25884 |
| services or improvements included in the initial plan shall be | 25885 |
| deemed a special benefit to property owners within the district. | 25886 |
| (G) Each nonprofit corporation governing a district under | 25887 |
| this chapter may do the following: | 25888 |
| (1) Exercise all powers of nonprofit corporations granted | 25889 |
| under Chapter 1702. of the Revised Code that do not conflict with | 25890 |
| this chapter; | 25891 |
| (2) Develop, adopt, revise, implement, and repeal plans for | 25892 |
| public improvements and public services for all or any part of the | 25893 |
| district; | 25894 |
| (3) Contract with any person, political subdivision as | 25895 |
| defined in section 2744.01 of the Revised Code, or state agency as | 25896 |
| defined in section 1.60 of the Revised Code to develop and | 25897 |
| implement plans for public improvements or public services within | 25898 |
| the district; | 25899 |
| (4) Contract and pay for insurance for the district and for | 25900 |
| directors, officers, agents, contractors, employees, or members of | 25901 |
| the district for any consequences of the implementation of any | 25902 |
| plan adopted by the district or any actions of the district. | 25903 |
| Sec. 1721.211. (A) As used in this section, "preneed | 25904 |
| cemetery merchandise and services contract" means a written | 25905 |
| agreement, contract, or series of contracts to sell or otherwise | 25906 |
| provide an outer burial container, monument, marker, urn, other | 25907 |
| type of merchandise customarily sold by cemeteries, or opening and | 25908 |
| closing services to be used or provided in connection with the | 25909 |
| final disposition of a dead human body, where payment for the | 25910 |
| container, monument, marker, urn, other type of merchandise | 25911 |
| customarily sold by cemeteries, or opening and closing services is | 25912 |
| made either outright or on an installment basis, prior to the | 25913 |
| death of the person so purchasing or for whom so purchased. | 25914 |
| "Preneed cemetery merchandise and services contract" does not | 25915 |
| include any preneed funeral contract or any agreement, contract, | 25916 |
| or series of contracts pertaining to the sale of any burial lot, | 25917 |
| burial or interment right, entombment right, or columbarium right | 25918 |
| with respect to which an endowment care trust is established or is | 25919 |
| exempt from establishment pursuant to section 1721.21 of the | 25920 |
| Revised Code. | 25921 |
| (B) Subject to the limitations and restrictions contained in | 25922 |
| Chapters 1101. to 1127. of the Revised Code, a trust company | 25923 |
| licensed under Chapter 1111. of the Revised Code or a national | 25924 |
| bank or federal savings association that pledges securities in | 25925 |
| accordance with section 1111.04 of the Revised Code or the | 25926 |
| individuals described in division (C)(2) of this section have the | 25927 |
| power as trustee to receive and to hold and invest in accordance | 25928 |
| with sections 2109.37 and 2109.371 of the Revised Code moneys | 25929 |
| under a preneed cemetery merchandise and services contract. | 25930 |
| (C)(1) The greater of one hundred ten per cent of the | 25931 |
| seller's actual cost or thirty per cent of the seller's retail | 25932 |
| price of the merchandise and seventy per cent of the seller's | 25933 |
| retail price of the services to be provided under a preneed | 25934 |
| cemetery merchandise and services contract shall remain intact as | 25935 |
| a fund until the death of the person for whose benefit the | 25936 |
| contract is made or the merchandise is delivered as set forth in | 25937 |
| division (K) of this section. However, any moneys held pursuant to | 25938 |
| this section shall be released upon demand of the person for whose | 25939 |
| benefit the contract was made or upon the demand of the seller for | 25940 |
| its share of the moneys held and earned interest if the contract | 25941 |
| has been canceled as set forth in division (G) of this section. | 25942 |
| (2) The trustee of the fund described in division (C)(1) of | 25943 |
| this section shall be a trust company licensed under Chapter 1111. | 25944 |
| of the Revised Code or a national bank or federal savings | 25945 |
| association that pledges securities in accordance with section | 25946 |
| 1111.04 of the Revised Code or at least three individuals who have | 25947 |
| been residents of the county in which the seller is located for at | 25948 |
| least one year, each of whom shall be bonded by a corporate surety | 25949 |
| in an amount that is at least equal to the amount deposited in the | 25950 |
| fund of which those persons serve as trustee. Amounts in the fund | 25951 |
| shall be held and invested in the manner in which trust funds are | 25952 |
| permitted to be held and invested pursuant to sections 2109.37 and | 25953 |
| 2109.371 of the Revised Code. | 25954 |
| (3) Every preneed cemetery and merchandise contract entered | 25955 |
| into on or after the effective date of this amendment shall | 25956 |
| include a provision in substantially the following form: | 25957 |
| NOTICE: Under Ohio law, the person holding the right of | 25958 |
| disposition of the remains of the beneficiary of this contract | 25959 |
| pursuant to section 2108.70 or 2108.81 of the Revised Code will | 25960 |
| have the right to purchase cemetery merchandise and services | 25961 |
| inconsistent with the merchandise and services set forth in this | 25962 |
| contract. However, the beneficiary is encouraged to state his or | 25963 |
| her preferences as to the manner of final disposition in a | 25964 |
| declaration of the right of disposition pursuant to section | 25965 |
| 2108.72 of the Revised Code, including that the arrangements set | 25966 |
| forth in this contract shall be followed. | 25967 |
| (D) Within thirty days after the last business day of the | 25968 |
| month in which the seller of cemetery merchandise or services | 25969 |
| receives final contractual payment under a preneed cemetery | 25970 |
| merchandise and services contract, the seller shall deliver the | 25971 |
| greater of one hundred ten per cent of the seller's actual cost or | 25972 |
| thirty per cent of the seller's retail price of the merchandise | 25973 |
| and seventy per cent of the seller's current retail price of the | 25974 |
| services as of the date of the contract to a trustee or to | 25975 |
| trustees as described in division (C)(2) of this section, and the | 25976 |
| moneys and accruals or income on the moneys shall be held in a | 25977 |
| fund and designated for the person for whose benefit the fund was | 25978 |
| established as a preneed cemetery merchandise and services | 25979 |
| contract fund. | 25980 |
| (E) The moneys received from more than one preneed cemetery | 25981 |
| merchandise and services contract may, at the option of the | 25982 |
| persons for whose benefit the contracts are made, be placed in a | 25983 |
| common or pooled trust fund in this state under a single trust | 25984 |
| instrument. If three individuals are designated as the trustees as | 25985 |
| provided in division (C)(2) of this section, they shall be bonded | 25986 |
| by a corporate surety or fidelity bond in an aggregate amount of | 25987 |
| not less than one hundred per cent of the funds held by them as | 25988 |
| trustees. The trustees or their agent shall, on a continuous | 25989 |
| basis, keep exact records as to the amount of funds under a single | 25990 |
| trust instrument being held for the individual beneficiaries | 25991 |
| showing the amount paid, the amount deposited and invested, and | 25992 |
| accruals and income. | 25993 |
| (F) | 25994 |
| section, the seller of merchandise or services under a preneed | 25995 |
| cemetery merchandise and services contract shall annually submit | 25996 |
| to the division of real estate of the department of commerce an | 25997 |
| affidavit in a form prescribed by the division, sworn under oath, | 25998 |
| specifying each of the following: | 25999 |
| | 26000 |
| this section, the amounts required by that division were deposited | 26001 |
| in an appropriate fund; | 26002 |
| | 26003 |
| guarantee loans and has not otherwise been subjected to any | 26004 |
| consensual lien; | 26005 |
| | 26006 |
| investing standards set forth in sections 2109.37 and 2109.371 of | 26007 |
| the Revised Code; | 26008 |
| | 26009 |
| as provided for in this section. | 26010 |
| (2) A licensed funeral director who sells preneed funeral | 26011 |
| contracts and who also sells merchandise or services under a | 26012 |
| preneed cemetery merchandise and services contract shall be deemed | 26013 |
| to have met the requirement in division (F)(1) of this section by | 26014 |
| submitting the annual preneed cemetery merchandise and services | 26015 |
| contract affidavit to the board of embalmers and funeral directors | 26016 |
| along with or as part of the annual preneed funeral contract | 26017 |
| report required under divisions (I) and (J) of section 4717.31 of | 26018 |
| the Revised Code. | 26019 |
| (G) This division is subject to division (I) of this section. | 26020 |
| Any person upon initially entering into a preneed cemetery | 26021 |
| merchandise and services contract may, within seven days, cancel | 26022 |
| the contract and request and receive from the seller one hundred | 26023 |
| per cent of all payments made under the contract. After the | 26024 |
| expiration of the above period, any person who has entered into a | 26025 |
| preneed cemetery merchandise and services contract may, on not | 26026 |
| less than fifteen days' notice, cancel the contract and request | 26027 |
| and receive from the seller sixty per cent of the payments made | 26028 |
| under the contract which have been paid up to the time of | 26029 |
| cancellation; except that, if a preneed cemetery merchandise and | 26030 |
| services contract stipulates a firm or fixed or guaranteed price | 26031 |
| for the merchandise or services for future use at a time | 26032 |
| determined by the death of the person on behalf of whom payments | 26033 |
| are made, the person who has entered into the contract may, if the | 26034 |
| merchandise has not been delivered or the services have not been | 26035 |
| performed as set forth in division (K) or (L) of this section, on | 26036 |
| not less than fifteen days' notice, cancel the contract and | 26037 |
| receive from the seller sixty per cent of the principal paid | 26038 |
| pursuant to the contract and not less than eighty per cent of any | 26039 |
| interest paid, up to the time of cancellation, and not less than | 26040 |
| eighty per cent of any accrual or income earned while the moneys | 26041 |
| have been held pursuant to divisions (C) and (D) of this section, | 26042 |
| up to the time of cancellation. Upon cancellation, after the | 26043 |
| moneys have been distributed to the beneficiary pursuant to this | 26044 |
| division, all remaining moneys being held pursuant to divisions | 26045 |
| (C) and (D) of this section shall be paid to the seller. If more | 26046 |
| than one person enters into the contract, all of those persons | 26047 |
| must request cancellation for it to be effective under this | 26048 |
| division. In such a case, the seller shall refund to each person | 26049 |
| only those moneys that each person has paid under the contract. | 26050 |
| (H) Upon receipt of a certified copy of the certificate of | 26051 |
| death or evidence of delivery of the merchandise or performance of | 26052 |
| the services pursuant to division (K) or (L) of this section, the | 26053 |
| trustee described in division (C)(2) of this section or its agent, | 26054 |
| shall forthwith pay the fund and accumulated interest, if any, to | 26055 |
| the person entitled to them under the preneed cemetery merchandise | 26056 |
| and services contract. The payment of the fund and accumulated | 26057 |
| interest pursuant to this section, either to a seller or person | 26058 |
| making the payments, shall relieve the trustee of any further | 26059 |
| liability on the fund or accumulated interest. | 26060 |
| (I) Notwithstanding any other provision of this section, any | 26061 |
| preneed cemetery merchandise and services contract may specify | 26062 |
| that it is irrevocable. All irrevocable preneed cemetery | 26063 |
| merchandise and services contracts shall include a clear and | 26064 |
| conspicuous disclosure of irrevocability in the contract and any | 26065 |
| person entering into an irrevocable preneed cemetery merchandise | 26066 |
| and services contract shall sign a separate acknowledgment of the | 26067 |
| person's waiver of the right to revoke. If a contract satisfies | 26068 |
| the requirements of this division, division (G) of this section | 26069 |
| does not apply to that contract. | 26070 |
| (J) Any preneed cemetery merchandise and services contract | 26071 |
| that involves the payment of money shall be in writing and in | 26072 |
| compliance with the laws and rules of this state. | 26073 |
| (K) For purposes of this section, the seller is considered to | 26074 |
| have delivered merchandise pursuant to a preneed cemetery | 26075 |
| merchandise and services contract when either of the following | 26076 |
| occur: | 26077 |
| (1) The seller makes actual delivery of the merchandise to | 26078 |
| the beneficiary, or the seller pays for the merchandise and | 26079 |
| identifies it as being stored for the benefit of the beneficiary | 26080 |
| at a manufacturer's warehouse. | 26081 |
| (2) The seller receives delivery of the merchandise on behalf | 26082 |
| of the beneficiary, and all of the following occur: | 26083 |
| (a) The merchandise is permanently affixed to or stored upon | 26084 |
| the real property of a cemetery located in this state. | 26085 |
| (b) The seller notifies the beneficiary of receipt of the | 26086 |
| merchandise and identifies the specific location of the | 26087 |
| merchandise. | 26088 |
| (c) The seller at the time of the beneficiary's final payment | 26089 |
| provides the beneficiary with evidence of ownership in the | 26090 |
| beneficiary's name showing the merchandise to be free and clear of | 26091 |
| any liens or other encumbrances. | 26092 |
| (L) For purposes of this section, a seller is considered to | 26093 |
| have performed services pursuant to a preneed cemetery merchandise | 26094 |
| and services contract when the beneficiary's next of kin signs a | 26095 |
| written statement that the services have been performed or, if no | 26096 |
| next of kin of the beneficiary can be located through reasonable | 26097 |
| diligence, when the owner or other person responsible for the | 26098 |
| operation of the cemetery signs a statement of that nature. | 26099 |
| (M) Notwithstanding any other provision of this chapter, any | 26100 |
| trust may be charged a trustee's fee, which is to be deducted from | 26101 |
| the earned income or accruals on that trust. The fee shall not | 26102 |
| exceed the amount that is regularly or usually charged for similar | 26103 |
| services rendered by the trustee described in division (C)(2) of | 26104 |
| this section when serving as a trustee. | 26105 |
| (N) The general assembly intends that this section be | 26106 |
| construed as a limitation upon the manner in which a person is | 26107 |
| permitted to accept moneys in prepayment for merchandise and | 26108 |
| services to be delivered or provided in the future, or merchandise | 26109 |
| and services to be used or provided in connection with the final | 26110 |
| disposition of human remains, to the end that at all times members | 26111 |
| of the public may have an opportunity to arrange and pay for | 26112 |
| merchandise and services for themselves and their families in | 26113 |
| advance of need while at the same time providing all possible | 26114 |
| safeguards whereunder the prepaid moneys cannot be dissipated, | 26115 |
| whether intentionally or not, so as to be available for the | 26116 |
| payment for merchandise and services and the providing of | 26117 |
| merchandise and services used or provided in connection with the | 26118 |
| final disposition of dead human bodies. | 26119 |
| (O) This section does not apply to the seller or provider of | 26120 |
| merchandise or services under a preneed cemetery merchandise and | 26121 |
| services contract if the contract pertains to a cemetery that is | 26122 |
| owned and operated entirely and exclusively by an established and | 26123 |
| legally cognizable church or denomination that is exempt from | 26124 |
| federal income taxation under section 501(c)(3) of the "Internal | 26125 |
| Revenue Code of 1954," 26 U.S.C.A. 501, an established fraternal | 26126 |
| organization, or a municipal corporation or other political | 26127 |
| subdivision of the state, to a cemetery that is a national | 26128 |
| cemetery, or to a cemetery that is a family cemetery as defined in | 26129 |
| section 4767.02 of the Revised Code; provided that, on a voluntary | 26130 |
| basis, rules and other measures are adopted to safeguard and | 26131 |
| secure all moneys received under a preneed cemetery merchandise | 26132 |
| and services contract. | 26133 |
| (P) This section does not prohibit persons other than | 26134 |
| cemetery corporations or associations from selling outer burial | 26135 |
| containers, monuments, markers, urns, or other types of | 26136 |
| merchandise customarily sold by cemeteries pursuant to a preneed | 26137 |
| cemetery merchandise and services contract; however all sellers of | 26138 |
| merchandise pursuant to a preneed cemetery merchandise and | 26139 |
| services contract shall comply with this section unless the seller | 26140 |
| is specifically exempt from this section. | 26141 |
| (Q) Any contract for preneed services or merchandise entered | 26142 |
| into with a cemetery not registered under section 4767.03 of the | 26143 |
| Revised Code is voidable. | 26144 |
| Sec. 1739.05. (A) A multiple employer welfare arrangement | 26145 |
| that is created pursuant to sections 1739.01 to 1739.22 of the | 26146 |
| Revised Code and that operates a group self-insurance program may | 26147 |
| be established only if any of the following applies: | 26148 |
| (1) The arrangement has and maintains a minimum enrollment of | 26149 |
| three hundred employees of two or more employers. | 26150 |
| (2) The arrangement has and maintains a minimum enrollment of | 26151 |
| three hundred self-employed individuals. | 26152 |
| (3) The arrangement has and maintains a minimum enrollment of | 26153 |
| three hundred employees or self-employed individuals in any | 26154 |
| combination of divisions (A)(1) and (2) of this section. | 26155 |
| (B) A multiple employer welfare arrangement that is created | 26156 |
| pursuant to sections 1739.01 to 1739.22 of the Revised Code and | 26157 |
| that operates a group self-insurance program shall comply with all | 26158 |
| laws applicable to self-funded programs in this state, including | 26159 |
| sections 3901.04, 3901.041, 3901.19 to 3901.26, 3901.38, 3901.381 | 26160 |
| to 3901.3814, 3901.40, 3901.45, 3901.46, 3902.01 to 3902.14, | 26161 |
| 3923.282, 3923.30, 3923.301, 3923.38, 3923.581, 3923.63, 3923.80, | 26162 |
| 3924.031, 3924.032, and 3924.27 of the Revised Code. | 26163 |
| (C) A multiple employer welfare arrangement created pursuant | 26164 |
| to sections 1739.01 to 1739.22 of the Revised Code shall solicit | 26165 |
| enrollments only through agents or solicitors licensed pursuant to | 26166 |
| Chapter 3905. of the Revised Code to sell or solicit sickness and | 26167 |
| accident insurance. | 26168 |
| (D) A multiple employer welfare arrangement created pursuant | 26169 |
| to sections 1739.01 to 1739.22 of the Revised Code shall provide | 26170 |
| benefits only to individuals who are members, employees of | 26171 |
| members, or the dependents of members or employees, or are | 26172 |
| eligible for continuation of coverage under section 1751.53 or | 26173 |
| 3923.38 of the Revised Code or under Title X of the "Consolidated | 26174 |
| Omnibus Budget Reconciliation Act of 1985," 100 Stat. 227, 29 | 26175 |
| U.S.C.A. 1161, as amended. | 26176 |
| Sec. 1751.03. (A) Each application for a certificate of | 26177 |
| authority under this chapter shall be verified by an officer or | 26178 |
| authorized representative of the applicant, shall be in a format | 26179 |
| prescribed by the superintendent of insurance, and shall set forth | 26180 |
| or be accompanied by the following: | 26181 |
| (1) A certified copy of the applicant's articles of | 26182 |
| incorporation and all amendments to the articles of incorporation; | 26183 |
| (2) A copy of any regulations adopted for the government of | 26184 |
| the corporation, any bylaws, and any similar documents, and a copy | 26185 |
| of all amendments to these regulations, bylaws, and documents. The | 26186 |
| corporate secretary shall certify that these regulations, bylaws, | 26187 |
| documents, and amendments have been properly adopted or approved. | 26188 |
| (3) A list of the names, addresses, and official positions of | 26189 |
| the persons responsible for the conduct of the applicant, | 26190 |
| including all members of the board, the principal officers, and | 26191 |
| the person responsible for completing or filing financial | 26192 |
| statements with the department of insurance, accompanied by a | 26193 |
| completed original biographical affidavit and release of | 26194 |
| information for each of these persons on forms acceptable to the | 26195 |
| department; | 26196 |
| (4) A full and complete disclosure of the extent and nature | 26197 |
| of any contractual or other financial arrangement between the | 26198 |
| applicant and any provider or a person listed in division (A)(3) | 26199 |
| of this section, including, but not limited to, a full and | 26200 |
| complete disclosure of the financial interest held by any such | 26201 |
| provider or person in any health care facility, provider, or | 26202 |
| insurer that has entered into a financial relationship with the | 26203 |
| health insuring corporation; | 26204 |
| (5) A description of the applicant, its facilities, and its | 26205 |
| personnel, including, but not limited to, the location, hours of | 26206 |
| operation, and telephone numbers of all contracted facilities; | 26207 |
| (6) The applicant's projected annual enrollee population over | 26208 |
| a three-year period; | 26209 |
| (7) A clear and specific description of the health care plan | 26210 |
| or plans to be used by the applicant, including a description of | 26211 |
| the proposed providers, procedures for accessing care, and the | 26212 |
| form of all proposed and existing contracts relating to the | 26213 |
| administration, delivery, or financing of health care services; | 26214 |
| (8) A copy of each type of evidence of coverage and | 26215 |
| identification card or similar document to be issued to | 26216 |
| subscribers; | 26217 |
| (9) A copy of each type of individual or group policy, | 26218 |
| contract, or agreement to be used; | 26219 |
| (10) The schedule of the proposed contractual periodic | 26220 |
| prepayments or premium rates, or both, accompanied by appropriate | 26221 |
| supporting data; | 26222 |
| (11) A financial plan which provides a three-year projection | 26223 |
| of operating results, including the projected expenses, income, | 26224 |
| and sources of working capital; | 26225 |
| (12) The enrollee complaint procedure to be utilized as | 26226 |
| required under section 1751.19 of the Revised Code; | 26227 |
| (13) A description of the procedures and programs to be | 26228 |
| implemented on an ongoing basis to assure the quality of health | 26229 |
| care services delivered to enrollees, including, if applicable, a | 26230 |
| description of a quality assurance program complying with the | 26231 |
| requirements of sections 1751.73 to 1751.75 of the Revised Code; | 26232 |
| (14) A statement describing the geographic area or areas to | 26233 |
| be served, by county; | 26234 |
| (15) A copy of all solicitation documents; | 26235 |
| (16) A balance sheet and other financial statements showing | 26236 |
| the applicant's assets, liabilities, income, and other sources of | 26237 |
| financial support; | 26238 |
| (17) A description of the nature and extent of any | 26239 |
| reinsurance program to be implemented, and a demonstration that | 26240 |
| errors and omission insurance and, if appropriate, fidelity | 26241 |
| insurance, will be in place upon the applicant's receipt of a | 26242 |
| certificate of authority; | 26243 |
| (18) Copies of all proposed or in force related-party or | 26244 |
| intercompany agreements with an explanation of the financial | 26245 |
| impact of these agreements on the applicant. If the applicant | 26246 |
| intends to enter into a contract for managerial or administrative | 26247 |
| services, with either an affiliated or an unaffiliated person, the | 26248 |
| applicant shall provide a copy of the contract and a detailed | 26249 |
| description of the person to provide these services. The | 26250 |
| description shall include that person's experience in managing or | 26251 |
| administering health care plans, a copy of that person's most | 26252 |
| recent audited financial statement, and a completed biographical | 26253 |
| affidavit on a form acceptable to the superintendent for each of | 26254 |
| that person's principal officers and board members and for any | 26255 |
| additional employee to be directly involved in providing | 26256 |
| managerial or administrative services to the health insuring | 26257 |
| corporation. If the person to provide managerial or administrative | 26258 |
| services is affiliated with the health insuring corporation, the | 26259 |
| contract must provide for payment for services based on actual | 26260 |
| costs. | 26261 |
| (19) A statement from the applicant's board that the admitted | 26262 |
| assets of the applicant have not been and will not be pledged or | 26263 |
| hypothecated; | 26264 |
| (20) A statement from the applicant's board that the | 26265 |
| applicant will submit monthly financial statements during the | 26266 |
| first year of operations; | 26267 |
| (21) The name and address of the applicant's Ohio statutory | 26268 |
| agent for service of process, notice, or demand; | 26269 |
| (22) Copies of all documents the applicant filed with the | 26270 |
| secretary of state; | 26271 |
| (23) The location of those books and records of the applicant | 26272 |
| that must be maintained, which books and records shall be | 26273 |
| maintained in Ohio if the applicant is a domestic corporation, and | 26274 |
| which may be maintained either in the applicant's state of | 26275 |
| domicile or in Ohio if the applicant is a foreign corporation; | 26276 |
| (24) The applicant's federal identification number, corporate | 26277 |
| address, and mailing address; | 26278 |
| (25) An internal and external organizational chart; | 26279 |
| (26) A list of the assets representing the initial net worth | 26280 |
| of the applicant; | 26281 |
| (27) If the applicant has a parent company, the parent | 26282 |
| company's guaranty, on a form acceptable to the superintendent, | 26283 |
| that the applicant will maintain Ohio's minimum net worth. If no | 26284 |
| parent company exists, a statement regarding the availability of | 26285 |
| future funds if needed. | 26286 |
| (28) The names and addresses of the applicant's actuary and | 26287 |
| external auditors; | 26288 |
| (29) If the applicant is a foreign corporation, a copy of the | 26289 |
| most recent financial statements filed with the insurance | 26290 |
| regulatory agency in the applicant's state of domicile; | 26291 |
| (30) If the applicant is a foreign corporation, a statement | 26292 |
| from the insurance regulatory agency of the applicant's state of | 26293 |
| domicile stating that the regulatory agency has no objection to | 26294 |
| the applicant applying for an Ohio license and that the applicant | 26295 |
| is in good standing in the applicant's state of domicile; | 26296 |
| (31) Any other information that the superintendent may | 26297 |
| require; | 26298 |
| (32) Documentation acceptable to the superintendent of the | 26299 |
| bond or securities required by section 1751.271 of the Revised | 26300 |
| Code. | 26301 |
| (B)(1) A health insuring corporation, unless otherwise | 26302 |
| provided for in this chapter or in section 3901.321 of the Revised | 26303 |
| Code, shall file a timely notice with the superintendent | 26304 |
| describing any change to the corporation's articles of | 26305 |
| incorporation or regulations, or any major modification to its | 26306 |
| operations as set out in the information required by division (A) | 26307 |
| of this section that affects any of the following: | 26308 |
| (a) The solvency of the health insuring corporation; | 26309 |
| (b) The health insuring corporation's continued provision of | 26310 |
| services that it has contracted to provide; | 26311 |
| (c) The manner in which the health insuring corporation | 26312 |
| conducts its business. | 26313 |
| (2) If the change or modification is to be the result of an | 26314 |
| action to be taken by the health insuring corporation, the notice | 26315 |
| shall be filed with the superintendent prior to the health | 26316 |
| insuring corporation taking the action. The action shall be deemed | 26317 |
| approved if the superintendent does not disapprove it within sixty | 26318 |
| days of filing. | 26319 |
| (3) The filing of a notice pursuant to division (B)(1) or (2) | 26320 |
| of this section shall also serve as the submission of a notice | 26321 |
| when required for the superintendent's review for purposes of | 26322 |
| section 3901.341 of the Revised Code, if the notice contains all | 26323 |
| of the information that section 3901.341 of the Revised Code | 26324 |
| requires for such submissions and a copy of any written agreement. | 26325 |
| The filing of such a notice, for the purpose of satisfying this | 26326 |
| division and section 3901.341 of the Revised Code, shall be | 26327 |
| subject to the sixty-day review period of division (B)(2) of this | 26328 |
| section. | 26329 |
| (C)(1) No health insuring corporation shall expand its | 26330 |
| approved service area until a copy of the request for expansion, | 26331 |
| accompanied by documentation of the network of providers, forms of | 26332 |
| all proposed or existing provider contracts relating to the | 26333 |
| delivery of health care services, a schedule of proposed | 26334 |
| contractual periodic prepayments and premium rates for group | 26335 |
| contracts accompanied by appropriate supporting data, enrollment | 26336 |
| projections, plan of operation, and any other changes have been | 26337 |
| filed with the superintendent. | 26338 |
| (2) | 26339 |
| 26340 | |
| 26341 | |
| 26342 | |
| 26343 |
| | 26344 |
| receipt of a complete filing under division (C)(1) of this | 26345 |
| section, the superintendent shall determine whether the plan for | 26346 |
|
expansion is
lawful, fair, and reasonable. | 26347 |
| 26348 | |
| 26349 | |
| 26350 | |
| 26351 | |
| 26352 | |
| 26353 | |
| 26354 | |
| 26355 | |
| 26356 | |
| 26357 | |
| 26358 | |
| 26359 | |
| 26360 |
| | 26361 |
| or a portion of a service area expansion within the | 26362 |
|
seventy-five-day period | 26363 |
| 26364 |
| | 26365 |
| effected by written notice, which shall state the grounds for the | 26366 |
| order of disapproval and shall be given in accordance with Chapter | 26367 |
| 119. of the Revised Code. | 26368 |
| Sec. 1751.04. (A) Except as provided by division | 26369 |
| this section, upon the receipt by the superintendent of insurance | 26370 |
| of a complete application for a certificate of authority to | 26371 |
| establish or operate a health insuring corporation, which | 26372 |
| application sets forth or is accompanied by the information and | 26373 |
| documents required by division (A) of section 1751.03 of the | 26374 |
|
Revised
Code, the
superintendent shall
| 26375 |
| 26376 |
| | 26377 |
| accompanying documents and make findings as to whether the | 26378 |
| applicant for a certificate of authority has done all of the | 26379 |
| following with respect to any basic health care services and | 26380 |
| supplemental health care services to be furnished: | 26381 |
| (1) Demonstrated the willingness and potential ability to | 26382 |
| ensure that all basic health care services and supplemental health | 26383 |
| care services described in the evidence of coverage will be | 26384 |
| provided to all its enrollees as promptly as is appropriate and in | 26385 |
| a manner that assures continuity; | 26386 |
| (2) Made effective arrangements to ensure that its enrollees | 26387 |
| have reliable access to qualified providers in those specialties | 26388 |
| that are generally available in the geographic area or areas to be | 26389 |
| served by the applicant and that are necessary to provide all | 26390 |
| basic health care services and supplemental health care services | 26391 |
| described in the evidence of coverage; | 26392 |
| (3) Made appropriate arrangements for the availability of | 26393 |
| short-term health care services in emergencies within the | 26394 |
| geographic area or areas to be served by the applicant, | 26395 |
| twenty-four hours per day, seven days per week, and for the | 26396 |
| provision of adequate coverage whenever an out-of-area emergency | 26397 |
| arises; | 26398 |
| (4) Made appropriate arrangements for an ongoing evaluation | 26399 |
| and assurance of the quality of health care services provided to | 26400 |
| enrollees, including, if applicable, the development of a quality | 26401 |
| assurance program complying with the requirements of sections | 26402 |
| 1751.73 to 1751.75 of the Revised Code, and the adequacy of the | 26403 |
| personnel, facilities, and equipment by or through which the | 26404 |
| services are rendered; | 26405 |
| (5) Developed a procedure to gather and report statistics | 26406 |
| relating to the cost and effectiveness of its operations, the | 26407 |
| pattern of utilization of its services, and the quality, | 26408 |
| availability, and accessibility of its services. | 26409 |
| | 26410 |
| upon the information provided in the application for issuance of a | 26411 |
|
certificate of authority, the
| 26412 |
| superintendent shall determine whether or not the applicant meets | 26413 |
|
the requirements of division | 26414 |
| 26415 | |
| superintendent determines that the applicant does not meet these | 26416 |
|
requirements,
the | 26417 |
|
respects it is
deficient.
However, the | 26418 |
|
shall not | 26419 |
| requirements of this section are not met unless the applicant has | 26420 |
| been given an opportunity for a hearing on that issue. | 26421 |
| | 26422 |
| superintendent shall
hold a hearing before
| 26423 |
| denying an application because the applicant does not meet the | 26424 |
| requirements of this section. The hearing shall be held in | 26425 |
| accordance with Chapter 119. of the Revised Code. | 26426 |
| | 26427 |
| 26428 | |
| 26429 | |
| 26430 | |
| 26431 |
| | 26432 |
| superintendent to review or make findings with regard to an | 26433 |
| application and accompanying documents to establish or operate | 26434 |
| any of the following: | 26435 |
| (1) A health insuring corporation to cover solely medicaid | 26436 |
| recipients; | 26437 |
| (2) A health insuring corporation to cover solely medicare | 26438 |
| beneficiaries; | 26439 |
| (3) A health insuring corporation to cover solely medicaid | 26440 |
| recipients and medicare beneficiaries; | 26441 |
| (4) A health insuring corporation to cover solely | 26442 |
| participants of the children's buy-in program; | 26443 |
| (5) A health insuring corporation to cover solely medicaid | 26444 |
| recipients and participants of the children's buy-in program; | 26445 |
| (6) A health insuring corporation to cover solely medicaid | 26446 |
| recipients, medicare beneficiaries, and participants of the | 26447 |
| children's buy-in program. | 26448 |
| Sec. 1751.05. (A) The superintendent of insurance shall | 26449 |
|
issue or deny a certificate of
authority to | 26450 |
| 26451 |
| | 26452 |
|
pursuant to section
1751.03 of the Revised
Code, | 26453 |
| 26454 | |
| 26455 | |
| 26456 |
| | 26457 |
| superintendent's receipt of a complete application and | 26458 |
|
accompanying documents | 26459 |
| 26460 |
| | 26461 |
| | 26462 |
| | 26463 |
| | 26464 |
| | 26465 |
| 26466 |
| | 26467 |
| 26468 |
| (B) A certificate of authority shall be issued upon payment | 26469 |
| of the application fee prescribed in section 1751.44 of the | 26470 |
| Revised Code if the superintendent is satisfied that the following | 26471 |
| conditions are met: | 26472 |
| (1) The persons responsible for the conduct of the affairs of | 26473 |
| the applicant are competent, trustworthy, and possess good | 26474 |
| reputations. | 26475 |
| (2) The | 26476 |
|
accordance with division | 26477 |
| Code, that the organization's proposed plan of operation meets | 26478 |
|
the requirements
of division | 26479 |
| 26480 | |
| 26481 | |
| 26482 | |
| 26483 | |
| 26484 | |
| 26485 | |
| 26486 | |
| 26487 | |
| 26488 | |
| 26489 | |
| 26490 | |
| 26491 | |
| 26492 |
| (3) The applicant constitutes an appropriate mechanism to | 26493 |
| effectively provide or arrange for the provision of the basic | 26494 |
| health care services, supplemental health care services, or | 26495 |
| specialty health care services to be provided to enrollees. | 26496 |
| (4) The applicant is financially responsible, complies with | 26497 |
| section 1751.28 of the Revised Code, and may reasonably be | 26498 |
| expected to meet its obligations to enrollees and prospective | 26499 |
| enrollees. In making this determination, the superintendent may | 26500 |
| consider: | 26501 |
| (a) The financial soundness of the applicant's arrangements | 26502 |
| for health care services, including the applicant's proposed | 26503 |
| contractual periodic prepayments or premiums and the use of | 26504 |
| copayments and deductibles; | 26505 |
| (b) The adequacy of working capital; | 26506 |
| (c) Any agreement with an insurer, a government, or any other | 26507 |
| person for insuring the payment of the cost of health care | 26508 |
| services or providing for automatic applicability of an | 26509 |
| alternative coverage in the event of discontinuance of the health | 26510 |
| insuring corporation's operations; | 26511 |
| (d) Any agreement with providers or health care facilities | 26512 |
| for the provision of health care services; | 26513 |
| (e) Any deposit of securities submitted in accordance with | 26514 |
| section 1751.27 of the Revised Code as a guarantee that the | 26515 |
| obligations will be performed. | 26516 |
| (5) The applicant has submitted documentation of an | 26517 |
| arrangement to provide health care services to its enrollees until | 26518 |
| the expiration of the enrollees' contracts with the applicant if a | 26519 |
| health care plan or the operations of the health insuring | 26520 |
| corporation are discontinued prior to the expiration of the | 26521 |
| enrollees' contracts. An arrangement to provide health care | 26522 |
| services may be made by using any one, or any combination, of the | 26523 |
| following methods: | 26524 |
| (a) The maintenance of insolvency insurance; | 26525 |
| (b) A provision in contracts with providers and health care | 26526 |
| facilities, but no health insuring corporation shall rely solely | 26527 |
| on such a provision for more than thirty days; | 26528 |
| (c) An agreement with other health insuring corporations or | 26529 |
| insurers, providing enrollees with automatic conversion rights | 26530 |
| upon the discontinuation of a health care plan or the health | 26531 |
| insuring corporation's operations; | 26532 |
| (d) Such other methods as approved by the superintendent. | 26533 |
| (6) Nothing in the applicant's proposed method of operation, | 26534 |
| as shown by the information submitted pursuant to section 1751.03 | 26535 |
| of the Revised Code or by independent investigation, will cause | 26536 |
| harm to an enrollee or to the public at large, as determined by | 26537 |
| the superintendent. | 26538 |
| (7) Any deficiencies | 26539 |
| superintendent under section 1751.04 of the Revised Code have been | 26540 |
| corrected. | 26541 |
| (8) The applicant has deposited securities as set forth in | 26542 |
| section 1751.27 of the Revised Code. | 26543 |
| (C) If an applicant elects to fulfill the requirements of | 26544 |
|
division
| 26545 |
| health insuring corporations or insurers, the agreement shall | 26546 |
| require those health insuring corporations or insurers to give | 26547 |
| thirty days' notice to the superintendent prior to cancellation or | 26548 |
| discontinuation of the agreement for any reason. | 26549 |
| (D) A certificate of authority shall be denied only after | 26550 |
| compliance with the requirements of section 1751.36 of the Revised | 26551 |
| Code. | 26552 |
| Sec. 1751.19. (A) A health insuring corporation shall | 26553 |
| establish and maintain a complaint system that has been approved | 26554 |
| by the superintendent of insurance to provide adequate and | 26555 |
| reasonable procedures for the expeditious resolution of written | 26556 |
| complaints initiated by subscribers or enrollees concerning any | 26557 |
| matter relating to services provided, directly or indirectly, by | 26558 |
| the health insuring corporation, including, but not limited to, | 26559 |
| complaints regarding cancellations or nonrenewals of coverage. | 26560 |
| Complaints regarding a health insuring corporation's decision to | 26561 |
| deny, reduce, or terminate coverage for health care services are | 26562 |
| subject to section 1751.83 of the Revised Code. | 26563 |
| (B) A health insuring corporation shall provide a timely | 26564 |
| written response to each written complaint it receives. | 26565 |
| (C)(1) Copies of complaints and responses, including medical | 26566 |
| records related to those complaints, shall be available to the | 26567 |
|
superintendent | 26568 |
| years. Any document or information provided to the superintendent | 26569 |
| pursuant to this division that contains a medical record is | 26570 |
| confidential, and is not a public record subject to section 149.43 | 26571 |
| of the Revised Code. | 26572 |
| (2) Notwithstanding division (C)(1) of this section, the | 26573 |
| superintendent may share documents and information that contain a | 26574 |
| medical record in connection with the investigation or prosecution | 26575 |
| of any illegal or criminal activity with the chief deputy | 26576 |
| rehabilitator, the chief deputy liquidator, other deputy | 26577 |
| rehabilitators and liquidators, and any other person employed by, | 26578 |
| or acting on behalf of, the superintendent pursuant to Chapter | 26579 |
| 3901. or 3903. of the Revised Code, with other local, state, | 26580 |
| federal, and international regulatory and law enforcement | 26581 |
| agencies, with local, state, and federal prosecutors, and with the | 26582 |
| national association of insurance commissioners and its affiliates | 26583 |
| and subsidiaries, provided that the recipient agrees to maintain | 26584 |
| the confidential or privileged status of the confidential or | 26585 |
| privileged document or information and has authority to do so. | 26586 |
| (3) Nothing in this section shall prohibit the superintendent | 26587 |
| from receiving documents and information in accordance with | 26588 |
| section 3901.045 of the Revised Code. | 26589 |
| (4) The superintendent may enter into agreements governing | 26590 |
| the sharing and use of documents and information consistent with | 26591 |
| the requirements of this section. | 26592 |
| (5) No waiver of any applicable privilege or claim of | 26593 |
| confidentiality in the documents and information described in | 26594 |
| division (C)(1) of this section occurs as a result of sharing or | 26595 |
| receiving documents and information as authorized in divisions | 26596 |
| (C)(2) and (3) of this section. | 26597 |
| (D) A health insuring corporation shall establish and | 26598 |
| maintain a procedure to accept complaints over the telephone or in | 26599 |
| person. These complaints are not subject to the reporting | 26600 |
| requirement under division (C) of section 1751.32 of the Revised | 26601 |
| Code. | 26602 |
| (E) A health insuring corporation may comply with this | 26603 |
| section and section 1751.83 of the Revised Code by establishing | 26604 |
| one system for receiving and reviewing complaints and requests for | 26605 |
| internal review from enrollees and subscribers if the system meets | 26606 |
| the requirements of both sections. | 26607 |
| Sec. 1751.32. Each health insuring corporation, annually, on | 26608 |
| or before the first day of March, shall file a report with the | 26609 |
|
superintendent of insurance | 26610 |
| the preceding calendar year. | 26611 |
| The report shall be verified by an officer of the health | 26612 |
| insuring corporation, shall be in the form the superintendent | 26613 |
| prescribes, and shall include: | 26614 |
| (A) A financial statement of the health insuring corporation, | 26615 |
| including its balance sheet and receipts and disbursements for the | 26616 |
| preceding year, which reflect, at a minimum: | 26617 |
| (1) All premium rate and other payments received for health | 26618 |
| care services rendered; | 26619 |
| (2) Expenditures with respect to all categories of providers, | 26620 |
| facilities, insurance companies, and other persons engaged to | 26621 |
| fulfill obligations of the health insuring corporation arising out | 26622 |
| of its health care policies, contracts, certificates, and | 26623 |
| agreements; | 26624 |
| (3) Expenditures for capital improvements or additions | 26625 |
| thereto, including, but not limited to, construction, renovation, | 26626 |
| or purchase of facilities and equipment. | 26627 |
| (B) A description of the enrollee population and composition, | 26628 |
| group and nongroup; | 26629 |
| (C) A summary of enrollee written complaints and their | 26630 |
| disposition; | 26631 |
| (D) A statement of the number of subscriber policies, | 26632 |
| contracts, certificates, and agreements that have been terminated | 26633 |
| by action of the health insuring corporation, including the number | 26634 |
| of enrollees affected; | 26635 |
| (E) A summary of the information compiled pursuant to | 26636 |
| division (B)(5) of section 1751.04 of the Revised Code; | 26637 |
| (F) A current report of the names and addresses of the | 26638 |
| persons responsible for the conduct of the affairs of the health | 26639 |
| insuring corporation as required by section 1751.03 of the Revised | 26640 |
| Code. Additionally, the report shall include the amount of wages, | 26641 |
| expense reimbursements, and other payments to these persons for | 26642 |
| services to the health insuring corporation, and shall include a | 26643 |
| full disclosure of the financial interests related to the | 26644 |
| operations of the health insuring corporation acquired by these | 26645 |
| persons during the preceding year. | 26646 |
| (G) An actuarial opinion in the form prescribed by the | 26647 |
| superintendent by rule; | 26648 |
| (H) Any other information relating to the performance of the | 26649 |
| health insuring corporation that is necessary to enable the | 26650 |
| superintendent to carry out the superintendent's duties under this | 26651 |
| chapter. | 26652 |
| Sec. 1751.321. Each health insuring corporation, annually, | 26653 |
| on or before the first day of June, shall file with the | 26654 |
|
superintendent of insurance | 26655 |
| report certified by an independent certified public accountant | 26656 |
| covering the preceding calendar year. The report shall be verified | 26657 |
| by an officer of the health insuring corporation and shall be in | 26658 |
| the form prescribed by the superintendent by rule. | 26659 |
| Sec. 1751.34. (A) Each health insuring corporation and each | 26660 |
| applicant for a certificate of authority under this chapter shall | 26661 |
| be subject to examination by the superintendent of insurance in | 26662 |
| accordance with section 3901.07 of the Revised Code. Section | 26663 |
| 3901.07 of the Revised Code shall govern every aspect of the | 26664 |
| examination, including the circumstances under and frequency with | 26665 |
| which it is conducted, the authority of the superintendent and any | 26666 |
| examiner or other person appointed by the superintendent, the | 26667 |
| liability for the assessment of expenses incurred in conducting | 26668 |
| the examination, and the remittance of the assessment to the | 26669 |
| superintendent's examination fund. | 26670 |
| (B) The | 26671 |
|
examination
concerning the matters subject to
the | 26672 |
| superintendent's consideration in section 1751.04 of the Revised | 26673 |
|
Code as often as the | 26674 |
| necessary for the protection of the interests of the people of | 26675 |
|
this state | 26676 |
| The expenses of such examinations shall be assessed against the | 26677 |
| health insuring corporation being examined in the manner in which | 26678 |
| expenses of examinations are assessed against an insurance | 26679 |
| company under section 3901.07 of the Revised Code. Nothing in | 26680 |
|
this division requires the | 26681 |
| examination of any of the following: | 26682 |
| (1) A health insuring corporation that covers solely medicaid | 26683 |
| recipients; | 26684 |
| (2) A health insuring corporation that covers solely | 26685 |
| medicare beneficiaries; | 26686 |
| (3) A health insuring corporation that covers solely | 26687 |
| medicaid recipients and medicare beneficiaries; | 26688 |
| (4) A health insuring corporation that covers solely | 26689 |
| participants of the children's buy-in program; | 26690 |
| (5) A health insuring corporation that covers solely medicaid | 26691 |
| recipients and participants of the children's buy-in program; | 26692 |
| (6) A health insuring corporation that covers solely medicaid | 26693 |
| recipients, medicare beneficiaries, and participants of the | 26694 |
| children's buy-in program. | 26695 |
| (C) An examination, pursuant to section 3901.07 of the | 26696 |
| Revised Code, of an insurance company holding a certificate of | 26697 |
| authority under this chapter to organize and operate a health | 26698 |
| insuring corporation shall include an examination of the health | 26699 |
| insuring corporation pursuant to this section and the examination | 26700 |
| shall satisfy the requirements of divisions (A) and (B) of this | 26701 |
| section. | 26702 |
| (D) The superintendent may conduct market conduct | 26703 |
| examinations pursuant to section 3901.011 of the Revised Code of | 26704 |
| any health insuring corporation as often as the superintendent | 26705 |
| considers it necessary for the protection of the interests of | 26706 |
| subscribers and enrollees. The expenses of such market conduct | 26707 |
| examinations shall be assessed against the health insuring | 26708 |
| corporation being examined. All costs, assessments, or fines | 26709 |
| collected under this division shall be paid into the state | 26710 |
| treasury to the credit of the department of insurance operating | 26711 |
| fund. | 26712 |
| Sec. 1751.35. (A) The superintendent of insurance may | 26713 |
| suspend or revoke any certificate of authority issued to a health | 26714 |
| insuring corporation under this chapter if the superintendent | 26715 |
| finds that: | 26716 |
| (1) The health insuring corporation is operating in | 26717 |
| contravention of its articles of incorporation, its health care | 26718 |
| plan or plans, or in a manner contrary to that described in and | 26719 |
| reasonably inferred from any other information submitted under | 26720 |
| section 1751.03 of the Revised Code, unless amendments to such | 26721 |
| submissions have been filed and have taken effect in compliance | 26722 |
| with this chapter. | 26723 |
| (2) The health insuring corporation fails to issue evidences | 26724 |
| of coverage in compliance with the requirements of section 1751.11 | 26725 |
| of the Revised Code. | 26726 |
| (3) The contractual periodic prepayments or premium rates | 26727 |
| used do not comply with the requirements of section 1751.12 of the | 26728 |
| Revised Code. | 26729 |
| (4) The health insuring corporation enters into a contract, | 26730 |
| agreement, or other arrangement with any health care facility or | 26731 |
| provider, that does not comply with the requirements of section | 26732 |
| 1751.13 of the Revised Code, or the corporation fails to provide | 26733 |
| an annual certificate as required by section 1751.13 of the | 26734 |
| Revised Code. | 26735 |
| (5) The | 26736 |
| determines, after a hearing conducted in accordance with Chapter | 26737 |
| 119. of the Revised Code, that the health insuring corporation no | 26738 |
| longer meets the requirements of section 1751.04 of the Revised | 26739 |
| Code. | 26740 |
| (6) The health insuring corporation is no longer financially | 26741 |
| responsible and may reasonably be expected to be unable to meet | 26742 |
| its obligations to enrollees or prospective enrollees. | 26743 |
| (7) The health insuring corporation has failed to implement | 26744 |
| the complaint system that complies with the requirements of | 26745 |
| section 1751.19 of the Revised Code. | 26746 |
| (8) The health insuring corporation, or any agent or | 26747 |
| representative of the corporation, has advertised, merchandised, | 26748 |
| or solicited on its behalf in contravention of the requirements of | 26749 |
| section 1751.31 of the Revised Code. | 26750 |
| (9) The health insuring corporation has unlawfully | 26751 |
| discriminated against any enrollee or prospective enrollee with | 26752 |
| respect to enrollment, disenrollment, or price or quality of | 26753 |
| health care services. | 26754 |
| (10) The continued operation of the health insuring | 26755 |
| corporation would be hazardous or otherwise detrimental to its | 26756 |
| enrollees. | 26757 |
| (11) The health insuring corporation has submitted false | 26758 |
| information in any filing or submission required under this | 26759 |
| chapter or any rule adopted under this chapter. | 26760 |
| (12) The health insuring corporation has otherwise failed to | 26761 |
| substantially comply with this chapter or any rule adopted under | 26762 |
| this chapter. | 26763 |
| (13) The health insuring corporation is not operating a | 26764 |
| health care plan. | 26765 |
| (14) The health insuring corporation has failed to comply | 26766 |
| with any of the requirements of sections 1751.77 to 1751.88 of the | 26767 |
| Revised Code. | 26768 |
| (B) A certificate of authority shall be suspended or revoked | 26769 |
| only after compliance with the requirements of Chapter 119. of the | 26770 |
| Revised Code. | 26771 |
| (C) When the certificate of authority of a health insuring | 26772 |
| corporation is suspended, the health insuring corporation, during | 26773 |
| the period of suspension, shall not enroll any additional | 26774 |
| subscribers or enrollees except newborn children or other newly | 26775 |
| acquired dependents of existing subscribers or enrollees, and | 26776 |
| shall not engage in any advertising or solicitation whatsoever. | 26777 |
| (D) When the certificate of authority of a health insuring | 26778 |
| corporation is revoked, the health insuring corporation, following | 26779 |
| the effective date of the order of revocation, shall conduct no | 26780 |
| further business except as may be essential to the orderly | 26781 |
| conclusion of the affairs of the health insuring corporation. The | 26782 |
| health insuring corporation shall engage in no further advertising | 26783 |
| or solicitation whatsoever. The superintendent, by written order, | 26784 |
| may permit such further operation of the health insuring | 26785 |
| corporation as the superintendent may find to be in the best | 26786 |
| interest of enrollees, to the end that enrollees will be afforded | 26787 |
| the greatest practical opportunity to obtain continuing health | 26788 |
| care coverage. | 26789 |
| Sec. 1751.36. (A) When the superintendent of insurance has | 26790 |
| cause to believe that grounds for the denial of an application for | 26791 |
| a certificate of authority exist, or that grounds for the | 26792 |
| suspension or revocation of a certificate of authority exist, the | 26793 |
| superintendent shall notify the applicant or health insuring | 26794 |
|
corporation | 26795 |
| stating the grounds for the denial, suspension, or revocation and | 26796 |
| setting a date of at least thirty days after the notification for | 26797 |
| a hearing on the matter. | 26798 |
| (B) | 26799 |
| 26800 | |
| 26801 | |
| 26802 | |
| 26803 | |
| 26804 | |
| division (A) of this section, or upon the failure of the applicant | 26805 |
| or health insuring corporation to appear at the hearing, the | 26806 |
| superintendent shall take such action as in accordance with law | 26807 |
| and the evidence. The action shall be set out in written findings | 26808 |
| which shall be mailed to the applicant or health insuring | 26809 |
|
corporation | 26810 |
| the superintendent is subject to review in accordance with Chapter | 26811 |
|
119.
of the Revised
Code | 26812 |
| 26813 | |
| 26814 | |
| 26815 | |
| 26816 |
| (C) Chapter 119. of the Revised Code applies to proceedings | 26817 |
| under this section to the extent that it is not in conflict with | 26818 |
| divisions (A) and (B) of this section. | 26819 |
| Sec. 1751.45. (A) In lieu of the suspension or revocation of | 26820 |
| a certificate of authority under section 1751.35 of the Revised | 26821 |
| Code, the superintendent of insurance, pursuant to an adjudication | 26822 |
| hearing initiated and conducted in accordance with Chapter 119. of | 26823 |
| the Revised Code, or by consent of the health insuring corporation | 26824 |
| without an adjudication hearing, may levy an administrative | 26825 |
| penalty. The administrative penalty shall be in an amount | 26826 |
| determined by the superintendent, but the administrative penalty | 26827 |
| shall not exceed one hundred thousand dollars per violation. | 26828 |
| Additionally, the superintendent may require the health insuring | 26829 |
| corporation to correct any deficiency that may be the basis for | 26830 |
| the suspension or revocation of the health insuring corporation's | 26831 |
| certificate of authority. All penalties collected shall be paid | 26832 |
| into the state treasury to the credit of the department of | 26833 |
| insurance operating fund. | 26834 |
| (B) If the
superintendent | 26835 |
| reason has cause to believe that any violation of this chapter has | 26836 |
|
occurred
or is threatened, the superintendent | 26837 |
| give notice to the health insuring corporation and to the | 26838 |
| representatives or other persons who appear to be involved in the | 26839 |
| suspected violation to arrange a conference with the suspected | 26840 |
| violators or their authorized representatives for the purpose of | 26841 |
| attempting to ascertain the facts relating to the suspected | 26842 |
| violation, and, if it appears that any violation has occurred or | 26843 |
| is threatened, to arrive at an adequate and effective means of | 26844 |
| correcting or preventing the violation. | 26845 |
| Proceedings under this division shall not be covered by any | 26846 |
| formal procedural requirements, and may be conducted in the manner | 26847 |
|
the superintendent | 26848 |
| appropriate under the circumstances. | 26849 |
| (C)(1) The superintendent may issue an order directing a | 26850 |
| health insuring corporation or a representative of the health | 26851 |
| insuring corporation to cease and desist from engaging in any act | 26852 |
| or practice in violation of this chapter. Within thirty days after | 26853 |
| service of the order to cease and desist, the respondent may | 26854 |
| request a hearing on the question of whether acts or practices in | 26855 |
| violation of this chapter have occurred. Such hearings shall be | 26856 |
| conducted in accordance with Chapter 119. of the Revised Code and | 26857 |
| judicial review shall be available as provided by that chapter. | 26858 |
| (2) If the superintendent has reasonable cause to believe | 26859 |
| that an order issued pursuant to this division has been violated | 26860 |
| in whole or in part, the superintendent may request the attorney | 26861 |
| general to commence and prosecute any appropriate action or | 26862 |
| proceeding in the name of the state against the violators in the | 26863 |
| court of common pleas of Franklin county. The court in any such | 26864 |
| action or proceeding may levy civil penalties, not to exceed one | 26865 |
| hundred thousand dollars per violation, in addition to any other | 26866 |
| appropriate relief, including requiring a violator to pay the | 26867 |
| expenses reasonably incurred by the superintendent in enforcing | 26868 |
| the order. The penalties and fees collected under this division | 26869 |
| shall be paid into the state treasury to the credit of the | 26870 |
| department of insurance operating fund. | 26871 |
| Sec. 1751.46. (A) The
superintendent of insurance | 26872 |
| 26873 | |
| recommendations concerning the determinations required to be made | 26874 |
|
by the
superintendent | 26875 |
| a service area pursuant to division (C) of section 1751.03 of the | 26876 |
| Revised Code, an application for a certificate of authority | 26877 |
| pursuant to sections 1751.04 and 1751.05 of the Revised Code, a | 26878 |
| contractual periodic prepayment or premium rate pursuant to | 26879 |
| section 1751.12 of the Revised Code, and an examination pursuant | 26880 |
| to division (B) of section 1751.34 of the Revised Code. The | 26881 |
| recommendations may be accepted in full or in part, or may be | 26882 |
|
rejected, by the
superintendent | 26883 |
| The total cost of a contract with a qualified person pursuant | 26884 |
| to this division shall represent the fair market value of the | 26885 |
| services provided and shall be borne by the health insuring | 26886 |
| corporation that is the subject of the determination required to | 26887 |
|
be made by the superintendent | 26888 |
| (B) No qualified person placed on contract by the | 26889 |
|
superintendent | 26890 |
| section shall have a conflict of interest with the department of | 26891 |
|
insurance | 26892 |
| corporation. | 26893 |
| Sec. 1751.48. | 26894 |
| rules as are necessary to carry out the provisions of this | 26895 |
| chapter. These rules shall be adopted in accordance with Chapter | 26896 |
| 119. of the Revised Code. | 26897 |
| | 26898 |
| 26899 | |
| 26900 | |
| 26901 | |
| 26902 | |
| 26903 | |
| 26904 | |
| 26905 |
| Sec. 1751.831. The superintendent of insurance shall | 26906 |
| establish and maintain a system for receiving and reviewing | 26907 |
| requests for review from or on behalf of enrollees who, under | 26908 |
| section 1751.83 of the Revised Code, have been denied coverage of | 26909 |
| a health care service or had coverage reduced or terminated when | 26910 |
| the grounds for the denial, reduction, or termination is that the | 26911 |
| service is not a service covered under the terms of the enrollee's | 26912 |
| policy, contract, or agreement. | 26913 |
| On receipt of a written request from an enrollee or | 26914 |
| authorized person, the superintendent shall consider whether the | 26915 |
| health care service is a service covered under the terms of the | 26916 |
| enrollee's policy, contract, or agreement, except that the | 26917 |
| superintendent shall not conduct a review under this section | 26918 |
| unless the enrollee has exhausted the health insuring | 26919 |
| corporation's internal review process established pursuant to | 26920 |
| section 1751.83 of the Revised Code. The health insuring | 26921 |
| corporation and the enrollee or authorized person shall provide | 26922 |
| the superintendent with any information required by the | 26923 |
| superintendent that is in their possession and is germane to the | 26924 |
| review. | 26925 |
| Unless the superintendent is not able to do so because making | 26926 |
| the determination requires resolution of a medical issue, the | 26927 |
| superintendent shall determine whether the health care service at | 26928 |
| issue is a service covered under the terms of the enrollee's | 26929 |
| contract, policy, or agreement. The superintendent shall notify | 26930 |
| the enrollee, or authorized person, and the health insuring | 26931 |
| corporation of the superintendent's determination or that the | 26932 |
| superintendent is not able to make a determination. | 26933 |
| If the superintendent notifies the health insuring | 26934 |
| corporation that making the determination requires the resolution | 26935 |
|
of a medical
issue, the health insuring corporation shall | 26936 |
| 26937 | |
| section 1751.84 or 1751.85 of the Revised Code. If the | 26938 |
| superintendent notifies the health insuring corporation that the | 26939 |
| health service is a covered service, the health insuring | 26940 |
| corporation shall either cover the service or afford the enrollee | 26941 |
| an opportunity for an external review under section 1751.84 or | 26942 |
| 1751.85 of the Revised Code. If the superintendent notifies the | 26943 |
| health insuring corporation that the health care service is not a | 26944 |
| covered service, the health insuring corporation is not required | 26945 |
| to cover the service or afford the enrollee an external review. | 26946 |
| Sec. 1751.84. (A) Except as provided in divisions (B) and | 26947 |
| (C) of this section, a health insuring corporation shall afford an | 26948 |
| enrollee an opportunity for an external review if both of the | 26949 |
| following are the case: | 26950 |
| (1) The health insuring corporation has denied, reduced, or | 26951 |
| terminated coverage for what would be a covered health care | 26952 |
| service except for the fact that the health insuring corporation | 26953 |
| has determined that the health care service is not medically | 26954 |
| necessary; | 26955 |
| (2) Except in the case of an expedited review, the service, | 26956 |
| plus any ancillary services and follow-up care, will cost the | 26957 |
| enrollee more than five hundred dollars if the proposed service is | 26958 |
| not covered by the health insuring corporation. | 26959 |
| External review shall be conducted in accordance with this | 26960 |
| section, except that if an enrollee with a terminal condition | 26961 |
| meets all of the criteria of division (A) of section 1751.85 of | 26962 |
| the Revised Code, an external review shall be conducted under that | 26963 |
| section. | 26964 |
| (B) An enrollee need not be afforded a review under this | 26965 |
| section in any of the following circumstances: | 26966 |
| (1) The superintendent of insurance has determined under | 26967 |
| section 1751.831 of the Revised Code that the health care service | 26968 |
| is not a service covered under the terms of the enrollee's policy, | 26969 |
| contract, or agreement. | 26970 |
| (2) Except as provided in section 1751.811 of the Revised | 26971 |
| Code, the enrollee has failed to exhaust the health insuring | 26972 |
| corporation's internal review process established pursuant to | 26973 |
| section 1751.83 of the Revised Code. | 26974 |
| (3) The enrollee has previously been afforded an external | 26975 |
| review for the same adverse determination and no new clinical | 26976 |
| information has been submitted to the health insuring corporation. | 26977 |
| (C)(1) A health insuring corporation may deny a request for | 26978 |
| an external review of an adverse determination if it is requested | 26979 |
|
later than | 26980 |
| receipt of notice of the result of an internal review brought | 26981 |
| under section 1751.83 of the Revised Code. An external review may | 26982 |
| be requested by the enrollee, an authorized person, the enrollee's | 26983 |
| provider, or a health care facility rendering health care service | 26984 |
| to the enrollee. The enrollee may request a review without the | 26985 |
| approval of the provider or the health care facility rendering the | 26986 |
| health care service. The provider or health care facility may not | 26987 |
| request a review without the prior consent of the enrollee. | 26988 |
| (2) An external review must be requested in writing, except | 26989 |
| that if the enrollee has a condition that requires expedited | 26990 |
| review, the review may be requested orally or by electronic means. | 26991 |
| When an oral or electronic request for review is made, written | 26992 |
| confirmation of the request shall be submitted to the health | 26993 |
| insuring corporation not later than five days after the oral or | 26994 |
| written request is submitted. | 26995 |
| Except in the case of an expedited review, a request for an | 26996 |
| external review must be accompanied by written certification from | 26997 |
| the enrollee's provider or the health care facility rendering the | 26998 |
| health care service to the enrollee that the proposed service, | 26999 |
| plus any ancillary services and follow-up care, will cost the | 27000 |
| enrollee more than five hundred dollars if the proposed service is | 27001 |
| not covered by the health insuring corporation. | 27002 |
| (3) For an expedited review, the enrollee's provider must | 27003 |
| certify that the enrollee's condition could, in the absence of | 27004 |
| immediate medical attention, result in any of the following: | 27005 |
| (a) Placing the health of the enrollee or, with respect to a | 27006 |
| pregnant woman, the health of the enrollee or the unborn child, in | 27007 |
| serious jeopardy; | 27008 |
| (b) Serious impairment to bodily functions; | 27009 |
| (c) Serious dysfunction of any bodily organ or part. | 27010 |
| (D) The procedures used in conducting an external review of | 27011 |
| an adverse determination shall include all of the following: | 27012 |
| (1) The review shall be conducted by an independent review | 27013 |
| organization assigned by the superintendent of insurance under | 27014 |
| section 3901.80 of the Revised Code. | 27015 |
| (2) Except as provided in division (D)(3) and (4) of this | 27016 |
| section, neither the clinical peer nor any health care facility | 27017 |
| with which the clinical peer is affiliated shall have any | 27018 |
| professional, familial, or financial affiliation with any of the | 27019 |
| following: | 27020 |
| (a) The health insuring corporation or any officer, director, | 27021 |
| or managerial employee of the health insuring corporation; | 27022 |
| (b) The enrollee, the enrollee's provider, or the practice | 27023 |
| group of the enrollee's provider; | 27024 |
| (c) The health care facility at which the health care service | 27025 |
| requested by the enrollee would be provided; | 27026 |
| (d) The development or manufacture of the principal drug, | 27027 |
| device, procedure, or therapy proposed for the enrollee. | 27028 |
| (3) Division (D)(2) of this section does not prohibit a | 27029 |
| clinical peer from conducting a review under any of the following | 27030 |
| circumstances: | 27031 |
| (a) The clinical peer is affiliated with an academic medical | 27032 |
| center that provides health care services to enrollees of the | 27033 |
| health insuring corporation. | 27034 |
| (b) The clinical peer has staff privileges at a health care | 27035 |
| facility that provides health care services to enrollees of the | 27036 |
| health insuring corporation. | 27037 |
| (c) The clinical peer is a participating provider but was not | 27038 |
| involved with the health insuring corporation's adverse | 27039 |
| determination. | 27040 |
| (4) Division (D)(2) of this section does not prohibit the | 27041 |
| health insuring corporation from paying the independent review | 27042 |
| organization for the conduct of the review. | 27043 |
| (5) An enrollee shall not be required to pay for any part of | 27044 |
| the cost of the review. The cost of the review shall be borne by | 27045 |
| the health insuring corporation. | 27046 |
| (6)(a) The health insuring corporation shall provide to the | 27047 |
| independent review organization conducting the review a copy of | 27048 |
| those records in its possession that are relevant to the | 27049 |
| enrollee's medical condition and the review. The records shall be | 27050 |
| used solely for the purpose of this division. | 27051 |
| At the request of the independent review organization, the | 27052 |
| health insuring corporation, enrollee, or the provider or health | 27053 |
| care facility rendering health care services to the enrollee shall | 27054 |
| provide any additional information the independent review | 27055 |
| organization requests to complete the review. A request for | 27056 |
| additional information may be made in writing, orally, or by | 27057 |
| electronic means. The independent review organization shall submit | 27058 |
| the request to the enrollee and health insuring corporation. If a | 27059 |
| request is submitted orally or by electronic means to an enrollee | 27060 |
| or health insuring corporation, not later than five days after the | 27061 |
| request is submitted, the independent review organization shall | 27062 |
| provide written confirmation of the request. If the review was | 27063 |
| initiated by a provider or health care facility, a copy of the | 27064 |
| request shall be submitted to the provider or health care | 27065 |
| facility. | 27066 |
| (b) An independent review organization is not required to | 27067 |
| make a decision if it has not received any requested information | 27068 |
| that it considers necessary to complete a review. An independent | 27069 |
| review organization that does not make a decision for this reason | 27070 |
| shall notify the enrollee and the health insuring corporation that | 27071 |
| a decision is not being made. The notice may be made in writing, | 27072 |
| orally, or by electronic means. An oral or electronic notice shall | 27073 |
| be confirmed in writing not later than five days after the oral or | 27074 |
| electronic notice is made. If the review was initiated by a | 27075 |
| provider or health care facility, a copy of the notice shall be | 27076 |
| submitted to the provider or health care facility. | 27077 |
| (7) The health insuring corporation may elect to cover the | 27078 |
| service requested and terminate the review. The health insuring | 27079 |
| corporation shall notify the enrollee and all other parties | 27080 |
| involved with the decision by mail or, with the consent or | 27081 |
| approval of the enrollee, by electronic means. | 27082 |
| (8) In making its decision, an independent review | 27083 |
| organization conducting the review shall take into account all of | 27084 |
| the following: | 27085 |
| (a) Information submitted by the health insuring corporation, | 27086 |
| the enrollee, the enrollee's provider, and the health care | 27087 |
| facility rendering the health care service, including the | 27088 |
| following: | 27089 |
| (i) The enrollee's medical records; | 27090 |
| (ii) The standards, criteria, and clinical rationale used by | 27091 |
| the health insuring corporation to make its decision. | 27092 |
| (b) Findings, studies, research, and other relevant documents | 27093 |
| of government agencies and nationally recognized organizations, | 27094 |
| including the national institutes of health or any board | 27095 |
| recognized by the national institutes of health, the national | 27096 |
| cancer institute, the national academy of sciences, the United | 27097 |
| States food and drug administration, the health care financing | 27098 |
| administration of the United States department of health and human | 27099 |
| services, and the agency for health care policy and research; | 27100 |
| (c) Relevant findings in peer-reviewed medical or scientific | 27101 |
| literature, published opinions of nationally recognized medical | 27102 |
| experts, and clinical guidelines adopted by relevant national | 27103 |
| medical societies. | 27104 |
| (9)(a) In the case of an expedited review, the independent | 27105 |
| review organization shall issue a written decision not later than | 27106 |
| seven days after the filing of the request for review. In all | 27107 |
| other cases, the independent review organization shall issue a | 27108 |
| written decision not later than thirty days after the filing of | 27109 |
| the request. The independent review organization shall send a copy | 27110 |
| of its decision to the health insuring corporation and the | 27111 |
| enrollee. If the enrollee's provider or the health care facility | 27112 |
| rendering health care services to the enrollee requested the | 27113 |
| review, the independent review organization shall also send a copy | 27114 |
| of its decision to the enrollee's provider or the health care | 27115 |
| facility. | 27116 |
| (b) The independent review organization's decision shall | 27117 |
| include a description of the enrollee's condition and the | 27118 |
| principal reasons for the decision and an explanation of the | 27119 |
| clinical rationale for the decision. | 27120 |
| (E) The independent review organization shall base its | 27121 |
| decision on the information submitted under division (D)(8) of | 27122 |
| this section. In making its decision, the independent review | 27123 |
| organization shall consider safety, efficacy, appropriateness, and | 27124 |
| cost effectiveness. | 27125 |
| (F) The health insuring corporation shall provide any | 27126 |
| coverage determined by the independent review organization's | 27127 |
| decision to be medically necessary, subject to the other terms, | 27128 |
| limitations, and conditions of the enrollee's contract. The | 27129 |
| decision shall apply only to the individual enrollee's external | 27130 |
| review. | 27131 |
| Sec. 1751.85. (A) Each health insuring corporation shall | 27132 |
| establish a reasonable external, independent review process to | 27133 |
| examine the health insuring corporation's coverage decisions for | 27134 |
| enrollees who meet all of the following criteria: | 27135 |
| (1) The enrollee has a terminal condition that, according to | 27136 |
| the current diagnosis of the enrollee's physician, has a high | 27137 |
| probability of causing death within two years. | 27138 |
| (2) The enrollee requests a review not later than | 27139 |
| hundred eighty days after receipt by the enrollee of notice of the | 27140 |
| result of an internal review under section 1751.83 of the Revised | 27141 |
| Code. | 27142 |
| (3) The enrollee's physician certifies that the enrollee has | 27143 |
| the condition described in division (A)(1) of this section and any | 27144 |
| of the following situations are applicable: | 27145 |
| (a) Standard therapies have not been effective in improving | 27146 |
| the condition of the enrollee; | 27147 |
| (b) Standard therapies are not medically appropriate for the | 27148 |
| enrollee; | 27149 |
| (c) There is no standard therapy covered by the health | 27150 |
| insuring corporation that is more beneficial than therapy | 27151 |
| described in division (A)(4) of this section. | 27152 |
| (4) The enrollee's physician has recommended a drug, device, | 27153 |
| procedure, or other therapy that the physician certifies, in | 27154 |
| writing, is likely to be more beneficial to the enrollee, in the | 27155 |
| physician's opinion, than standard therapies, or, the enrollee has | 27156 |
| requested a therapy that has been found in a preponderance of | 27157 |
| peer-reviewed published studies to be associated with effective | 27158 |
| clinical outcomes for the same condition. | 27159 |
| (5) The enrollee has been denied coverage by the health | 27160 |
| insuring corporation for a drug, device, procedure, or other | 27161 |
| therapy recommended or requested pursuant to division (A)(4) of | 27162 |
| this section, and has exhausted the health insuring corporation's | 27163 |
| internal review process established pursuant to section 1751.83 of | 27164 |
| the Revised Code. | 27165 |
| (6) The drug, device, procedure, or other therapy, for which | 27166 |
| coverage has been denied would be a covered health care service | 27167 |
| except for the health insuring corporation's determination that | 27168 |
| the drug, device, procedure, or other therapy is experimental or | 27169 |
| investigational. | 27170 |
| (B) A review shall be requested in writing, except that if | 27171 |
| the enrollee's physician determines that a therapy would be | 27172 |
| significantly less effective if not promptly initiated, the review | 27173 |
| may be requested orally or by electronic means. When an oral or | 27174 |
| electronic request for review is made, written confirmation of the | 27175 |
| request shall be submitted to the health insuring corporation not | 27176 |
| later than five days after the oral or written request is | 27177 |
| submitted. | 27178 |
| (C) The external, independent review process established by a | 27179 |
| health insuring corporation shall meet all of the following | 27180 |
| criteria: | 27181 |
| (1) Except as provided in division (E) of this section, the | 27182 |
| process shall afford all enrollees who meet the criteria set forth | 27183 |
| in division (A) of this section the opportunity to have the health | 27184 |
| insuring corporation's decision to deny coverage of the | 27185 |
| recommended or requested therapy reviewed under the process. | 27186 |
| (2) The review shall be conducted by an independent review | 27187 |
| organization assigned by the superintendent of insurance under | 27188 |
| section 3901.80 of the Revised Code. | 27189 |
| The independent review organization shall select a panel to | 27190 |
| conduct the review, which panel shall be composed of at least | 27191 |
| three physicians or other providers who, through clinical | 27192 |
| experience in the past three years, are experts in the treatment | 27193 |
| of the enrollee's medical condition and knowledgeable about the | 27194 |
| recommended or requested therapy. | 27195 |
| In either of the following circumstances, an exception may be | 27196 |
| made to the requirement that the review be conducted by an expert | 27197 |
| panel composed of a minimum of three physicians or other | 27198 |
| providers: | 27199 |
| (a) A review may be conducted by an expert panel composed of | 27200 |
| only two physicians or other providers if an enrollee has | 27201 |
| consented in writing to a review by the smaller panel; | 27202 |
| (b) A review may be conducted by a single expert physician or | 27203 |
| other provider if only one expert physician or other provider is | 27204 |
| available for the review. | 27205 |
| (3) Neither the health insuring corporation nor the enrollee | 27206 |
| shall choose, or control the choice of, the physician or other | 27207 |
| provider experts. | 27208 |
| (4) The selected experts, any health care facility with which | 27209 |
| an expert is affiliated, and the independent review organization | 27210 |
| arranging for the experts' review, shall not have any | 27211 |
| professional, familial, or financial affiliation with any of the | 27212 |
| following: | 27213 |
| (a) The health insuring corporation or any officer, director, | 27214 |
| or managerial employee of the health insuring corporation; | 27215 |
| (b) The enrollee, the enrollee's physician, or the practice | 27216 |
| group of the enrollee's physician; | 27217 |
| (c) The health care facility at which the recommended or | 27218 |
| requested therapy would be provided; | 27219 |
| (d) The development or manufacture of the principal drug, | 27220 |
| device, procedure, or therapy involved in the recommended or | 27221 |
| requested therapy. | 27222 |
| However, experts affiliated with academic medical centers who | 27223 |
| provide health care services to enrollees of the health insuring | 27224 |
| corporation may serve as experts on the review panel. Further, | 27225 |
| experts with staff privileges at a health care facility that | 27226 |
| provides health care services to enrollees of the health insuring | 27227 |
| corporation, as well as experts who are participating providers, | 27228 |
| but who were not involved with the health insuring corporation's | 27229 |
| denial of coverage for the therapy under review, may serve as | 27230 |
| experts on the review panel. These nonaffiliation provisions do | 27231 |
| not preclude a health insuring corporation from paying for the | 27232 |
| experts' review, as specified in division (C)(5) of this section. | 27233 |
| (5) Enrollees shall not be required to pay for any part of | 27234 |
| the cost of the review. The cost of the review shall be borne by | 27235 |
| the health insuring corporation. | 27236 |
| (6) The health insuring corporation shall provide to the | 27237 |
| independent review organization arranging for the experts' review | 27238 |
| a copy of those records in the health insuring corporation's | 27239 |
| possession that are relevant to the enrollee's medical condition | 27240 |
| and the review. The records shall be disclosed solely to the | 27241 |
| expert reviewers and shall be used solely for the purpose of this | 27242 |
| section. At the request of the expert reviewers, the health | 27243 |
| insuring corporation or the physician recommending the therapy | 27244 |
| shall provide any additional information that the expert reviewers | 27245 |
| request to complete the review. An expert reviewer is not required | 27246 |
| to render an opinion if the reviewer has not received any | 27247 |
| requested information that the reviewer considers necessary to | 27248 |
| complete the review. | 27249 |
| (7)(a) The opinions of the experts on the panel shall be | 27250 |
| rendered within thirty days after the enrollee's request for | 27251 |
| review. If the enrollee's physician determines that a therapy | 27252 |
| would be significantly less effective if not promptly initiated, | 27253 |
| the opinions shall be rendered within seven days after the | 27254 |
| enrollee's request for review. | 27255 |
| (b) In conducting the review, the experts on the panel shall | 27256 |
| take into account all of the following: | 27257 |
| (i) Information submitted by the health insuring corporation, | 27258 |
| the enrollee, and the enrollee's physician, including the | 27259 |
| enrollee's medical records and the standards, criteria, and | 27260 |
| clinical rationale used by the health insuring corporation to | 27261 |
| reach its coverage decision; | 27262 |
| (ii) Findings, studies, research, and other relevant | 27263 |
| documents of government agencies and nationally recognized | 27264 |
| organizations; | 27265 |
| (iii) Relevant findings in peer-reviewed medical or | 27266 |
| scientific literature and published opinions of nationally | 27267 |
| recognized medical experts; | 27268 |
| (iv) Clinical guidelines adopted by relevant national medical | 27269 |
| societies; | 27270 |
| (v) Safety, efficacy, appropriateness, and cost | 27271 |
| effectiveness. | 27272 |
| (8) Each expert on the panel shall provide the independent | 27273 |
| review organization with a professional opinion as to whether | 27274 |
| there is sufficient evidence to demonstrate that the recommended | 27275 |
| or requested therapy is likely to be more beneficial to the | 27276 |
| enrollee than standard therapies. | 27277 |
| (9) Each expert's opinion shall be presented in written form | 27278 |
| and shall include the following information: | 27279 |
| (a) A description of the enrollee's condition; | 27280 |
| (b) A description of the indicators relevant to determining | 27281 |
| whether there is sufficient evidence to demonstrate that the | 27282 |
| recommended or requested therapy is more likely than not to be | 27283 |
| more beneficial to the enrollee than standard therapies; | 27284 |
| (c) A description and analysis of any relevant findings | 27285 |
| published in peer-reviewed medical or scientific literature or the | 27286 |
| published opinions of medical experts or specialty societies; | 27287 |
| (d) A description of the enrollee's suitability to receive | 27288 |
| the recommended or requested therapy according to a treatment | 27289 |
| protocol in a clinical trial, if applicable. | 27290 |
| (10) The independent review organization shall provide the | 27291 |
| health insuring corporation with the opinions of the experts. The | 27292 |
| health insuring corporation shall make the experts' opinions | 27293 |
| available to the enrollee and the enrollee's physician, upon | 27294 |
| request. | 27295 |
| (11) The opinion of the majority of the experts on the panel, | 27296 |
| rendered pursuant to division (C)(8) of this section, is binding | 27297 |
| on the health insuring corporation with respect to that enrollee. | 27298 |
| If the opinions of the experts on the panel are evenly divided as | 27299 |
| to whether the therapy should be covered, then the health insuring | 27300 |
| corporation's final decision shall be in favor of coverage. If | 27301 |
| less than a majority of the experts on the panel recommend | 27302 |
| coverage of the therapy, the health insuring corporation may, in | 27303 |
| its discretion, cover the therapy. However, any coverage provided | 27304 |
| pursuant to division (C)(11) of this section is subject to the | 27305 |
| terms, limitations, and conditions of the enrollee's contract with | 27306 |
| the health insuring corporation. | 27307 |
| (12) The health insuring corporation shall have written | 27308 |
| policies describing the external, independent review process. | 27309 |
| (D) At any time during the external, independent review | 27310 |
| process, the health insuring corporation may elect to cover the | 27311 |
| recommended or requested health care service and terminate the | 27312 |
| review. The health insuring corporation shall notify the enrollee | 27313 |
| and all other parties involved by mail or, with the consent or | 27314 |
| approval of the enrollee, by electronic means. | 27315 |
| (E) If a health insuring corporation's initial denial of | 27316 |
| coverage for a therapy recommended or requested pursuant to | 27317 |
| division (A)(4) of this section is based upon an external, | 27318 |
| independent review of that therapy meeting the requirements of | 27319 |
| division (C) of this section, this section shall not be a basis | 27320 |
| for requiring a second external, independent review of the | 27321 |
| recommended or requested therapy. | 27322 |
| (F) The health insuring corporation shall annually file a | 27323 |
| certificate with the superintendent of insurance certifying its | 27324 |
| compliance with the requirements of this section. | 27325 |
| Sec. 1753.09. (A) Except as provided in division (D) of this | 27326 |
| section, prior to terminating the participation of a provider on | 27327 |
| the basis of the participating provider's failure to meet the | 27328 |
| health insuring corporation's standards for quality or utilization | 27329 |
| in the delivery of health care services, a health insuring | 27330 |
| corporation shall give the participating provider notice of the | 27331 |
| reason or reasons for its decision to terminate the provider's | 27332 |
| participation and an opportunity to take corrective action. The | 27333 |
| health insuring corporation shall develop a performance | 27334 |
| improvement plan in conjunction with the participating provider. | 27335 |
| If after being afforded the opportunity to comply with the | 27336 |
| performance improvement plan, the participating provider fails to | 27337 |
| do so, the health insuring corporation may terminate the | 27338 |
| participation of the provider. | 27339 |
| (B)(1) A participating provider whose participation has been | 27340 |
| terminated under division (A) of this section may appeal the | 27341 |
| termination to the appropriate medical director of the health | 27342 |
| insuring corporation. The medical director shall give the | 27343 |
| participating provider an opportunity to discuss with the medical | 27344 |
| director the reason or reasons for the termination. | 27345 |
| (2) If a satisfactory resolution of a participating | 27346 |
| provider's appeal cannot be reached under division (B)(1) of this | 27347 |
| section, the participating provider may appeal the termination to | 27348 |
| a panel composed of participating providers who have comparable or | 27349 |
| higher levels of education and training than the participating | 27350 |
| provider making the appeal. A representative of the participating | 27351 |
| provider's specialty shall be a member of the panel, if possible. | 27352 |
| This panel shall hold a hearing, and shall render its | 27353 |
| recommendation in the appeal within thirty days after holding the | 27354 |
| hearing. The recommendation shall be presented to the medical | 27355 |
| director and to the participating provider. | 27356 |
| (3) The medical director shall review and consider the | 27357 |
| panel's recommendation before making a decision. The decision | 27358 |
| rendered by the medical director shall be final. | 27359 |
| (C) A provider's status as a participating provider shall | 27360 |
| remain in effect during the appeal process set forth in division | 27361 |
| (B) of this section unless the termination was based on any of the | 27362 |
| reasons listed in division (D) of this section. | 27363 |
| (D) Notwithstanding division (A) of this section, a | 27364 |
| provider's participation may be immediately terminated if the | 27365 |
| participating provider's conduct presents an imminent risk of harm | 27366 |
| to an enrollee or enrollees; or if there has occurred unacceptable | 27367 |
| quality of care, fraud, patient abuse, loss of clinical | 27368 |
| privileges, loss of professional liability coverage, incompetence, | 27369 |
| or loss of authority to practice in the participating provider's | 27370 |
| field; or if a governmental action has impaired the participating | 27371 |
| provider's ability to practice. | 27372 |
| (E) Divisions (A) to (D) of this section apply only to | 27373 |
| providers who are natural persons. | 27374 |
| (F)(1) Nothing in this section prohibits a health insuring | 27375 |
| corporation from rejecting a provider's application for | 27376 |
| participation, or from terminating a participating provider's | 27377 |
| contract, if the health insuring corporation determines that the | 27378 |
| health care needs of its enrollees are being met and no need | 27379 |
| exists for the provider's or participating provider's services. | 27380 |
| (2) Nothing in this section shall be construed as prohibiting | 27381 |
| a health insuring corporation from terminating a participating | 27382 |
| provider who does not meet the terms and conditions of the | 27383 |
| participating provider's contract. | 27384 |
| (3) Nothing in this section shall be construed as prohibiting | 27385 |
| a health insuring corporation from terminating a participating | 27386 |
| provider's contract pursuant to any provision of the contract | 27387 |
| described in division (E)(2) of section 3963.02 of the Revised | 27388 |
| Code, except that, notwithstanding any provision of a contract | 27389 |
| described in that division, this section applies to the | 27390 |
| termination of a participating provider's contract for any of the | 27391 |
| causes described in divisions (A), (D), and (F)(1) and (2) of | 27392 |
| this section. | 27393 |
| (G) The superintendent of insurance may adopt rules as | 27394 |
| necessary to implement and enforce sections 1753.06, 1753.07, | 27395 |
| and 1753.09 of the Revised Code. Such rules shall be adopted in | 27396 |
|
accordance with
Chapter 119. of the
Revised
Code. | 27397 |
| 27398 | |
| 27399 | |
| 27400 | |
| 27401 | |
| 27402 |
| Sec. 1901.26. (A) Subject to division (E) of this section, | 27403 |
| costs in a municipal court shall be fixed and taxed as follows: | 27404 |
| (1)(a) The municipal court shall require an advance deposit | 27405 |
| for the filing of any new civil action or proceeding when required | 27406 |
| by division (C) of this section, and in all other cases, by rule, | 27407 |
| shall establish a schedule of fees and costs to be taxed in any | 27408 |
| civil or criminal action or proceeding. | 27409 |
| (b)(i) The legislative authority of a municipal corporation | 27410 |
| may by ordinance establish a schedule of fees to be taxed as costs | 27411 |
| in any civil, criminal, or traffic action or proceeding in a | 27412 |
| municipal court for the performance by officers or other employees | 27413 |
| of the municipal corporation's police department or marshal's | 27414 |
| office of any of the services specified in sections 311.17 and | 27415 |
| 509.15 of the Revised Code. No fee in the schedule shall be higher | 27416 |
| than the fee specified in section 311.17 of the Revised Code for | 27417 |
| the performance of the same service by the sheriff. If a fee | 27418 |
| established in the schedule conflicts with a fee for the same | 27419 |
| service established in another section of the Revised Code or a | 27420 |
| rule of court, the fee established in the other section of the | 27421 |
| Revised Code or the rule of court shall apply. | 27422 |
| (ii) When an officer or employee of a municipal police | 27423 |
| department or marshal's office performs in a civil, criminal, or | 27424 |
| traffic action or proceeding in a municipal court a service | 27425 |
| specified in section 311.17 or 509.15 of the Revised Code for | 27426 |
| which a taxable fee has been established under this or any other | 27427 |
| section of the Revised Code, the applicable legal fees and any | 27428 |
| other extraordinary expenses, including overtime, provided for the | 27429 |
| service shall be taxed as costs in the case. The clerk of the | 27430 |
| court shall pay those legal fees and other expenses, when | 27431 |
| collected, into the general fund of the municipal corporation that | 27432 |
| employs the officer or employee. | 27433 |
| (iii) If a bailiff of a municipal court performs in a civil, | 27434 |
| criminal, or traffic action or proceeding in that court a service | 27435 |
| specified in section 311.17 or 509.15 of the Revised Code for | 27436 |
| which a taxable fee has been established under this section or any | 27437 |
| other section of the Revised Code, the fee for the service is the | 27438 |
| same and is taxable to the same extent as if the service had been | 27439 |
| performed by an officer or employee of the police department or | 27440 |
| marshal's office of the municipal corporation in which the court | 27441 |
| is located. The clerk of that court shall pay the fee, when | 27442 |
| collected, into the general fund of the entity or entities that | 27443 |
| fund the bailiff's salary, in the same prorated amount as the | 27444 |
| salary is funded. | 27445 |
| (iv) Division (A)(1)(b) of this section does not authorize or | 27446 |
| require any officer or employee of a police department or | 27447 |
| marshal's office of a municipal corporation or any bailiff of a | 27448 |
| municipal court to perform any service not otherwise authorized by | 27449 |
| law. | 27450 |
| (2) The municipal court, by rule, may require an advance | 27451 |
| deposit for the filing of any civil action or proceeding and | 27452 |
| publication fees as provided in section 2701.09 of the Revised | 27453 |
| Code. The court may waive the requirement for advance deposit upon | 27454 |
| affidavit or other evidence that a party is unable to make the | 27455 |
| required deposit. | 27456 |
| (3) When a jury trial is demanded in any civil action or | 27457 |
| proceeding, the party making the demand may be required to make an | 27458 |
| advance deposit as fixed by rule of court, unless, upon affidavit | 27459 |
| or other evidence, the court concludes that the party is unable to | 27460 |
| make the required deposit. If a jury is called, the fees of a jury | 27461 |
| shall be taxed as costs. | 27462 |
| (4) In any civil or criminal action or proceeding, each | 27463 |
| witness shall receive twelve dollars for each full day's | 27464 |
| attendance and six dollars for each half day's attendance. Each | 27465 |
| witness in a municipal court that is not a county-operated | 27466 |
| municipal court also shall receive fifty and one-half cents for | 27467 |
| each mile necessarily traveled to and from the witness's place of | 27468 |
| residence to the action or proceeding. | 27469 |
| (5) A reasonable charge for driving, towing, carting, | 27470 |
| storing, keeping, and preserving motor vehicles and other personal | 27471 |
| property recovered or seized in any proceeding may be taxed as | 27472 |
| part of the costs in a trial of the cause, in an amount that shall | 27473 |
| be fixed by rule of court. | 27474 |
| (6) Chattel property seized under any writ or process issued | 27475 |
| by the court shall be preserved pending final disposition for the | 27476 |
| benefit of all persons interested and may be placed in storage | 27477 |
| when necessary or proper for that preservation. The custodian of | 27478 |
| any chattel property so stored shall not be required to part with | 27479 |
| the possession of the property until a reasonable charge, to be | 27480 |
| fixed by the court, is paid. | 27481 |
| (7) The municipal court, as it determines, may refund all | 27482 |
| deposits and advance payments of fees and costs, including those | 27483 |
| for jurors and summoning jurors, when they have been paid by the | 27484 |
| losing party. | 27485 |
| (8) Charges for the publication of legal notices required by | 27486 |
| statute or order of court may be taxed as part of the costs, as | 27487 |
| provided by section 7.13 of the Revised Code. | 27488 |
| (B)(1) The municipal court may determine that, for the | 27489 |
| efficient operation of the court, additional funds are necessary | 27490 |
| to acquire and pay for special projects of the court including, | 27491 |
| but not limited to, the acquisition of additional facilities or | 27492 |
| the rehabilitation of existing facilities, the acquisition of | 27493 |
| equipment, the hiring and training of staff, community service | 27494 |
| programs, mediation or dispute resolution services, the employment | 27495 |
| of magistrates, the training and education of judges, acting | 27496 |
| judges, and magistrates, and other related services. Upon that | 27497 |
| determination, the court by rule may charge a fee, in addition to | 27498 |
| all other court costs, on the filing of each criminal cause, civil | 27499 |
| action or proceeding, or judgment by confession. | 27500 |
| If the municipal court offers a special program or service in | 27501 |
| cases of a specific type, the municipal court by rule may assess | 27502 |
| an additional charge in a case of that type, over and above court | 27503 |
| costs, to cover the special program or service. The municipal | 27504 |
| court shall adjust the special assessment periodically, but not | 27505 |
| retroactively, so that the amount assessed in those cases does not | 27506 |
| exceed the actual cost of providing the service or program. | 27507 |
| All moneys collected under division (B) of this section shall | 27508 |
| be paid to the county treasurer if the court is a county-operated | 27509 |
| municipal court or to the city treasurer if the court is not a | 27510 |
| county-operated municipal court for deposit into either a general | 27511 |
| special projects fund or a fund established for a specific special | 27512 |
| project. Moneys from a fund of that nature shall be disbursed upon | 27513 |
| an order of the court in an amount no greater than the actual cost | 27514 |
| to the court of a project. If a specific fund is terminated | 27515 |
| because of the discontinuance of a program or service established | 27516 |
| under division (B) of this section, the municipal court may order | 27517 |
| that moneys remaining in the fund be transferred to an account | 27518 |
| established under this division for a similar purpose. | 27519 |
| (2) The court may disburse moneys deposited into either a | 27520 |
| general special projects fund or a fund established for a specific | 27521 |
| special project to a county program that is not operated by the | 27522 |
| court and that addresses issues of domestic violence if the court | 27523 |
| determines that the program assists in the efficient operation of | 27524 |
| the court. | 27525 |
| (3) As used in division (B) of this section: | 27526 |
| (a) "Criminal cause" means a charge alleging the violation of | 27527 |
| a statute or ordinance, or subsection of a statute or ordinance, | 27528 |
| that requires a separate finding of fact or a separate plea before | 27529 |
| disposition and of which the defendant may be found guilty, | 27530 |
| whether filed as part of a multiple charge on a single summons, | 27531 |
| citation, or complaint or as a separate charge on a single | 27532 |
| summons, citation, or complaint. "Criminal cause" does not include | 27533 |
| separate violations of the same statute or ordinance, or | 27534 |
| subsection of the same statute or ordinance, unless each charge is | 27535 |
| filed on a separate summons, citation, or complaint. | 27536 |
| (b) "Civil action or proceeding" means any civil litigation | 27537 |
| that must be determined by judgment entry. | 27538 |
| (C) The municipal court shall collect in all its divisions | 27539 |
|
except the small claims
division the
sum of | 27540 |
| dollars as additional filing fees in each new civil action or | 27541 |
| proceeding for the charitable public purpose of providing | 27542 |
| financial assistance to legal aid societies that operate within | 27543 |
| the state and to support the office of the state public defender. | 27544 |
| The municipal court shall collect in its small claims division | 27545 |
| the sum of eleven dollars as additional filing fees in each new | 27546 |
| civil action or proceeding for the charitable public purpose of | 27547 |
| providing financial assistance to legal aid societies that | 27548 |
| operate within the state and to support the office of the state | 27549 |
| public defender. This division does not apply to any execution on | 27550 |
| a judgment, proceeding in aid of execution, or other post-judgment | 27551 |
| proceeding arising out of a civil action. The filing fees required | 27552 |
| to be collected under this division shall be in addition to any | 27553 |
| other court costs imposed in the action or proceeding and shall | 27554 |
| be collected at the time of the filing of the action or | 27555 |
| proceeding. The court shall not waive the payment of the | 27556 |
| additional filing fees in a new civil action or proceeding unless | 27557 |
| the court waives the advanced payment of all filing fees in the | 27558 |
| action or proceeding. All such moneys collected during a month | 27559 |
| except for an amount equal to up to one per cent of those moneys | 27560 |
| retained to cover administrative costs shall be transmitted on or | 27561 |
| before the twentieth day of the following month by the clerk of | 27562 |
| the court to the treasurer of state in a manner prescribed by the | 27563 |
| treasurer of state or by the Ohio legal assistance foundation. | 27564 |
| The treasurer of state shall deposit four per cent of the funds | 27565 |
| collected under this division to the credit of the civil case | 27566 |
| filing fee fund established under section 120.07 of the Revised | 27567 |
| Code and ninety-six per cent of the funds collected under this | 27568 |
| division to the credit of the legal aid fund established under | 27569 |
| section 120.52 of the Revised Code. | 27570 |
| The Ohio legal assistance foundation or any recipient of | 27571 |
| financial assistance from the foundation that receives, or | 27572 |
| benefits from, any portion of the additional filing fees that are | 27573 |
| collected and transmitted under this division shall not bring or | 27574 |
| maintain any class action and shall not bring or maintain any | 27575 |
| action against the state or any political subdivision of the | 27576 |
| state. | 27577 |
| The court may retain up to one per cent of the moneys it | 27578 |
| collects under this division to cover administrative costs, | 27579 |
| including the hiring of any additional personnel necessary to | 27580 |
| implement this division. If the court fails to transmit to the | 27581 |
| treasurer of state the moneys the court collects under this | 27582 |
| division in a manner prescribed by the treasurer of state or by | 27583 |
| the Ohio legal assistance foundation, the court shall forfeit the | 27584 |
| moneys the court retains under this division to cover | 27585 |
| administrative costs, including the hiring of any additional | 27586 |
| personnel necessary to implement this division, and shall transmit | 27587 |
| to the treasurer of state all moneys collected under this | 27588 |
| division, including the forfeited amount retained for | 27589 |
| administrative costs, for deposit in the legal aid fund. | 27590 |
| (D) In the Cleveland municipal court, reasonable charges for | 27591 |
| investigating titles of real estate to be sold or disposed of | 27592 |
| under any writ or process of the court may be taxed as part of the | 27593 |
| costs. | 27594 |
| (E) Under the circumstances described in sections 2969.21 to | 27595 |
| 2969.27 of the Revised Code, the clerk of the municipal court | 27596 |
| shall charge the fees and perform the other duties specified in | 27597 |
| those sections. | 27598 |
| (F) As used in this section: | 27599 |
| (1) "Full day's attendance" means a day on which a witness is | 27600 |
| required or requested to be present at an action or proceeding | 27601 |
| before and after twelve noon, regardless of whether the witness | 27602 |
| actually testifies. | 27603 |
| (2) "Half day's attendance" means a day on which a witness is | 27604 |
| required or requested to be present at an action or proceeding | 27605 |
| either before or after twelve noon, but not both, regardless of | 27606 |
| whether the witness actually testifies. | 27607 |
| Sec. 1901.31. The clerk and deputy clerks of a municipal | 27608 |
| court shall be selected, be compensated, give bond, and have | 27609 |
| powers and duties as follows: | 27610 |
| (A) There shall be a clerk of the court who is appointed or | 27611 |
| elected as follows: | 27612 |
| (1)(a) Except in the Akron, Barberton, Toledo, Hamilton | 27613 |
| county, Portage county, and Wayne county municipal courts and | 27614 |
| through December 31, 2008, the Cuyahoga Falls municipal court, if | 27615 |
| the population of the territory equals or exceeds one hundred | 27616 |
| thousand at the regular municipal election immediately preceding | 27617 |
| the expiration of the term of the present clerk, the clerk shall | 27618 |
| be nominated and elected by the qualified electors of the | 27619 |
| territory in the manner that is provided for the nomination and | 27620 |
| election of judges in section 1901.07 of the Revised Code. | 27621 |
| The clerk so elected shall hold office for a term of six | 27622 |
| years, which term shall commence on the first day of January | 27623 |
| following the clerk's election and continue until the clerk's | 27624 |
| successor is elected and qualified. | 27625 |
| (b) In the Hamilton county municipal court, the clerk of | 27626 |
| courts of Hamilton county shall be the clerk of the municipal | 27627 |
| court and may appoint an assistant clerk who shall receive the | 27628 |
| compensation, payable out of the treasury of Hamilton county in | 27629 |
| semimonthly installments, that the board of county commissioners | 27630 |
| prescribes. The clerk of courts of Hamilton county, acting as the | 27631 |
| clerk of the Hamilton county municipal court and assuming the | 27632 |
| duties of that office, shall receive compensation at one-fourth | 27633 |
| the rate that is prescribed for the clerks of courts of common | 27634 |
| pleas as determined in accordance with the population of the | 27635 |
| county and the rates set forth in sections 325.08 and 325.18 of | 27636 |
| the Revised Code. This compensation shall be paid from the county | 27637 |
| treasury in semimonthly installments and is in addition to the | 27638 |
| annual compensation that is received for the performance of the | 27639 |
| duties of the clerk of courts of Hamilton county, as provided in | 27640 |
| sections 325.08 and 325.18 of the Revised Code. | 27641 |
| (c) In the Portage county and Wayne county municipal courts, | 27642 |
| the clerks of courts of Portage county and Wayne county shall be | 27643 |
| the clerks, respectively, of the Portage county and Wayne county | 27644 |
| municipal courts and may appoint a chief deputy clerk for each | 27645 |
| branch that is established pursuant to section 1901.311 of the | 27646 |
| Revised Code and assistant clerks as the judges of the municipal | 27647 |
| court determine are necessary, all of whom shall receive the | 27648 |
| compensation that the legislative authority prescribes. The clerks | 27649 |
| of courts of Portage county and Wayne county, acting as the clerks | 27650 |
| of the Portage county and Wayne county municipal courts and | 27651 |
| assuming the duties of these offices, shall receive compensation | 27652 |
| payable from the county treasury in semimonthly installments at | 27653 |
| one-fourth the rate that is prescribed for the clerks of courts | 27654 |
| of common pleas as determined in accordance with the population | 27655 |
| of the county and the rates set forth in sections 325.08 and | 27656 |
| 325.18 of the Revised Code. | 27657 |
| (d) Except as otherwise provided in division (A)(1)(d) of | 27658 |
| this section, in the Akron municipal court, candidates for | 27659 |
| election to the office of clerk of the court shall be nominated by | 27660 |
| primary election. The primary election shall be held on the day | 27661 |
| specified in the charter of the city of Akron for the nomination | 27662 |
| of municipal officers. Notwithstanding any contrary provision of | 27663 |
| section 3513.05 or 3513.257 of the Revised Code, the declarations | 27664 |
| of candidacy and petitions of partisan candidates and the | 27665 |
| nominating petitions of independent candidates for the office of | 27666 |
| clerk of the Akron municipal court shall be signed by at least | 27667 |
| fifty qualified electors of the territory of the court. | 27668 |
| The candidates shall file a declaration of candidacy and | 27669 |
| petition, or a nominating petition, whichever is applicable, not | 27670 |
| later than four p.m. of the seventy-fifth day before the day of | 27671 |
| the primary election, in the form prescribed by section 3513.07 or | 27672 |
| 3513.261 of the Revised Code. The declaration of candidacy and | 27673 |
| petition, or the nominating petition, shall conform to the | 27674 |
| applicable requirements of section 3513.05 or 3513.257 of the | 27675 |
| Revised Code. | 27676 |
| If no valid declaration of candidacy and petition is filed by | 27677 |
| any person for nomination as a candidate of a particular political | 27678 |
| party for election to the office of clerk of the Akron municipal | 27679 |
| court, a primary election shall not be held for the purpose of | 27680 |
| nominating a candidate of that party for election to that office. | 27681 |
| If only one person files a valid declaration of candidacy and | 27682 |
| petition for nomination as a candidate of a particular political | 27683 |
| party for election to that office, a primary election shall not be | 27684 |
| held for the purpose of nominating a candidate of that party for | 27685 |
| election to that office, and the candidate shall be issued a | 27686 |
| certificate of nomination in the manner set forth in section | 27687 |
| 3513.02 of the Revised Code. | 27688 |
| Declarations of candidacy and petitions, nominating | 27689 |
| petitions, and certificates of nomination for the office of clerk | 27690 |
| of the Akron municipal court shall contain a designation of the | 27691 |
| term for which the candidate seeks election. At the following | 27692 |
| regular municipal election, all candidates for the office shall be | 27693 |
| submitted to the qualified electors of the territory of the court | 27694 |
| in the manner that is provided in section 1901.07 of the Revised | 27695 |
| Code for the election of the judges of the court. The clerk so | 27696 |
| elected shall hold office for a term of six years, which term | 27697 |
| shall commence on the first day of January following the clerk's | 27698 |
| election and continue until the clerk's successor is elected and | 27699 |
| qualified. | 27700 |
| (e) Except as otherwise provided in division (A)(1)(e) of | 27701 |
| this section, in the Barberton municipal court, candidates for | 27702 |
| election to the office of clerk of the court shall be nominated by | 27703 |
| primary election. The primary election shall be held on the day | 27704 |
| specified in the charter of the city of Barberton for the | 27705 |
| nomination of municipal officers. Notwithstanding any contrary | 27706 |
| provision of section 3513.05 or 3513.257 of the Revised Code, the | 27707 |
| declarations of candidacy and petitions of partisan candidates and | 27708 |
| the nominating petitions of independent candidates for the office | 27709 |
| of clerk of the Barberton municipal court shall be signed by at | 27710 |
| least fifty qualified electors of the territory of the court. | 27711 |
| The candidates shall file a declaration of candidacy and | 27712 |
| petition, or a nominating petition, whichever is applicable, not | 27713 |
| later than four p.m. of the seventy-fifth day before the day of | 27714 |
| the primary election, in the form prescribed by section 3513.07 or | 27715 |
| 3513.261 of the Revised Code. The declaration of candidacy and | 27716 |
| petition, or the nominating petition, shall conform to the | 27717 |
| applicable requirements of section 3513.05 or 3513.257 of the | 27718 |
| Revised Code. | 27719 |
| If no valid declaration of candidacy and petition is filed by | 27720 |
| any person for nomination as a candidate of a particular political | 27721 |
| party for election to the office of clerk of the Barberton | 27722 |
| municipal court, a primary election shall not be held for the | 27723 |
| purpose of nominating a candidate of that party for election to | 27724 |
| that office. If only one person files a valid declaration of | 27725 |
| candidacy and petition for nomination as a candidate of a | 27726 |
| particular political party for election to that office, a primary | 27727 |
| election shall not be held for the purpose of nominating a | 27728 |
| candidate of that party for election to that office, and the | 27729 |
| candidate shall be issued a certificate of nomination in the | 27730 |
| manner set forth in section 3513.02 of the Revised Code. | 27731 |
| Declarations of candidacy and petitions, nominating | 27732 |
| petitions, and certificates of nomination for the office of clerk | 27733 |
| of the Barberton municipal court shall contain a designation of | 27734 |
| the term for which the candidate seeks election. At the following | 27735 |
| regular municipal election, all candidates for the office shall be | 27736 |
| submitted to the qualified electors of the territory of the court | 27737 |
| in the manner that is provided in section 1901.07 of the Revised | 27738 |
| Code for the election of the judges of the court. The clerk so | 27739 |
| elected shall hold office for a term of six years, which term | 27740 |
| shall commence on the first day of January following the clerk's | 27741 |
| election and continue until the clerk's successor is elected and | 27742 |
| qualified. | 27743 |
| (f)(i) Through December 31, 2008, except as otherwise | 27744 |
| provided in division (A)(1)(f)(i) of this section, in the Cuyahoga | 27745 |
| Falls municipal court, candidates for election to the office of | 27746 |
| clerk of the court shall be nominated by primary election. The | 27747 |
| primary election shall be held on the day specified in the charter | 27748 |
| of the city of Cuyahoga Falls for the nomination of municipal | 27749 |
| officers. Notwithstanding any contrary provision of section | 27750 |
| 3513.05 or 3513.257 of the Revised Code, the declarations of | 27751 |
| candidacy and petitions of partisan candidates and the nominating | 27752 |
| petitions of independent candidates for the office of clerk of the | 27753 |
| Cuyahoga Falls municipal court shall be signed by at least fifty | 27754 |
| qualified electors of the territory of the court. | 27755 |
| The candidates shall file a declaration of candidacy and | 27756 |
| petition, or a nominating petition, whichever is applicable, not | 27757 |
| later than four p.m. of the seventy-fifth day before the day of | 27758 |
| the primary election, in the form prescribed by section 3513.07 or | 27759 |
| 3513.261 of the Revised Code. The declaration of candidacy and | 27760 |
| petition, or the nominating petition, shall conform to the | 27761 |
| applicable requirements of section 3513.05 or 3513.257 of the | 27762 |
| Revised Code. | 27763 |
| If no valid declaration of candidacy and petition is filed by | 27764 |
| any person for nomination as a candidate of a particular political | 27765 |
| party for election to the office of clerk of the Cuyahoga Falls | 27766 |
| municipal court, a primary election shall not be held for the | 27767 |
| purpose of nominating a candidate of that party for election to | 27768 |
| that office. If only one person files a valid declaration of | 27769 |
| candidacy and petition for nomination as a candidate of a | 27770 |
| particular political party for election to that office, a primary | 27771 |
| election shall not be held for the purpose of nominating a | 27772 |
| candidate of that party for election to that office, and the | 27773 |
| candidate shall be issued a certificate of nomination in the | 27774 |
| manner set forth in section 3513.02 of the Revised Code. | 27775 |
| Declarations of candidacy and petitions, nominating | 27776 |
| petitions, and certificates of nomination for the office of clerk | 27777 |
| of the Cuyahoga Falls municipal court shall contain a designation | 27778 |
| of the term for which the candidate seeks election. At the | 27779 |
| following regular municipal election, all candidates for the | 27780 |
| office shall be submitted to the qualified electors of the | 27781 |
| territory of the court in the manner that is provided in section | 27782 |
| 1901.07 of the Revised Code for the election of the judges of the | 27783 |
| court. The clerk so elected shall hold office for a term of six | 27784 |
| years, which term shall commence on the first day of January | 27785 |
| following the clerk's election and continue until the clerk's | 27786 |
| successor is elected and qualified. | 27787 |
| (ii) Division (A)(1)(f)(i) of this section shall have no | 27788 |
| effect after December 31, 2008. | 27789 |
| (g) Except as otherwise provided in division (A)(1)(g) of | 27790 |
| this section, in the Toledo municipal court, candidates for | 27791 |
| election to the office of clerk of the court shall be nominated by | 27792 |
| primary election. The primary election shall be held on the day | 27793 |
| specified in the charter of the city of Toledo for the nomination | 27794 |
| of municipal officers. Notwithstanding any contrary provision of | 27795 |
| section 3513.05 or 3513.257 of the Revised Code, the declarations | 27796 |
| of candidacy and petitions of partisan candidates and the | 27797 |
| nominating petitions of independent candidates for the office of | 27798 |
| clerk of the Toledo municipal court shall be signed by at least | 27799 |
| fifty qualified electors of the territory of the court. | 27800 |
| The candidates shall file a declaration of candidacy and | 27801 |
| petition, or a nominating petition, whichever is applicable, not | 27802 |
| later than four p.m. of the seventy-fifth day before the day of | 27803 |
| the primary election, in the form prescribed by section 3513.07 or | 27804 |
| 3513.261 of the Revised Code. The declaration of candidacy and | 27805 |
| petition, or the nominating petition, shall conform to the | 27806 |
| applicable requirements of section 3513.05 or 3513.257 of the | 27807 |
| Revised Code. | 27808 |
| If no valid declaration of candidacy and petition is filed by | 27809 |
| any person for nomination as a candidate of a particular political | 27810 |
| party for election to the office of clerk of the Toledo municipal | 27811 |
| court, a primary election shall not be held for the purpose of | 27812 |
| nominating a candidate of that party for election to that office. | 27813 |
| If only one person files a valid declaration of candidacy and | 27814 |
| petition for nomination as a candidate of a particular political | 27815 |
| party for election to that office, a primary election shall not be | 27816 |
| held for the purpose of nominating a candidate of that party for | 27817 |
| election to that office, and the candidate shall be issued a | 27818 |
| certificate of nomination in the manner set forth in section | 27819 |
| 3513.02 of the Revised Code. | 27820 |
| Declarations of candidacy and petitions, nominating | 27821 |
| petitions, and certificates of nomination for the office of clerk | 27822 |
| of the Toledo municipal court shall contain a designation of the | 27823 |
| term for which the candidate seeks election. At the following | 27824 |
| regular municipal election, all candidates for the office shall be | 27825 |
| submitted to the qualified electors of the territory of the court | 27826 |
| in the manner that is provided in section 1901.07 of the Revised | 27827 |
| Code for the election of the judges of the court. The clerk so | 27828 |
| elected shall hold office for a term of six years, which term | 27829 |
| shall commence on the first day of January following the clerk's | 27830 |
| election and continue until the clerk's successor is elected and | 27831 |
| qualified. | 27832 |
| (2)(a) Except for the Alliance, Auglaize county, Brown | 27833 |
| county, Columbiana county, Holmes county, Lorain, Massillon, and | 27834 |
| Youngstown municipal courts, in a municipal court for which the | 27835 |
| population of the territory is less than one hundred thousand, the | 27836 |
| clerk shall be appointed by the court, and the clerk shall hold | 27837 |
| office until the clerk's successor is appointed and qualified. | 27838 |
| (b) In the Alliance, Lorain, Massillon, and Youngstown | 27839 |
| municipal courts, the clerk shall be elected for a term of office | 27840 |
| as described in division (A)(1)(a) of this section. | 27841 |
| (c) In the Auglaize county, Brown county, and Holmes county | 27842 |
| municipal courts, the clerks of courts of Auglaize county, Brown | 27843 |
| county, and Holmes county shall be the clerks, respectively, of | 27844 |
| the Auglaize county, Brown county, and Holmes county municipal | 27845 |
| courts and may appoint a chief deputy clerk for each branch office | 27846 |
| that is established pursuant to section 1901.311 of the Revised | 27847 |
| Code, and assistant clerks as the judge of the court determines | 27848 |
| are necessary, all of whom shall receive the compensation that the | 27849 |
| legislative authority prescribes. The clerks of courts of Auglaize | 27850 |
| county, Brown county, and Holmes county, acting as the clerks of | 27851 |
| the Auglaize county, Brown county, and Holmes county municipal | 27852 |
| courts and assuming the duties of these offices, shall receive | 27853 |
| compensation payable from the county treasury in semimonthly | 27854 |
| installments at one-fourth the rate that is prescribed for the | 27855 |
| clerks of courts of common pleas as determined in accordance with | 27856 |
| the population of the county and the rates set forth in sections | 27857 |
| 325.08 and 325.18 of the Revised Code. | 27858 |
| (d) In the Columbiana county municipal court, the clerk of | 27859 |
| courts of Columbiana county shall be the clerk of the municipal | 27860 |
| court, may appoint a chief deputy clerk for each branch office | 27861 |
| that is established pursuant to section 1901.311 of the Revised | 27862 |
| Code, and may appoint any assistant clerks that the judges of the | 27863 |
| court determine are necessary. All of the chief deputy clerks and | 27864 |
| assistant clerks shall receive the compensation that the | 27865 |
| legislative authority prescribes. The clerk of courts of | 27866 |
| Columbiana county, acting as the clerk of the Columbiana county | 27867 |
| municipal court and assuming the duties of that office, shall | 27868 |
| receive in either biweekly installments or semimonthly | 27869 |
| installments, as determined by the payroll administrator, | 27870 |
| compensation payable from the county treasury at one-fourth the | 27871 |
| rate that is prescribed for the clerks of courts of common pleas | 27872 |
| as determined in accordance with the population of the county and | 27873 |
| the rates set forth in sections 325.08 and 325.18 of the Revised | 27874 |
| Code. | 27875 |
| (3) During the temporary absence of the clerk due to illness, | 27876 |
| vacation, or other proper cause, the court may appoint a temporary | 27877 |
| clerk, who shall be paid the same compensation, have the same | 27878 |
| authority, and perform the same duties as the clerk. | 27879 |
| (B) Except in the Hamilton county, Portage county, and Wayne | 27880 |
| county municipal courts, if a vacancy occurs in the office of the | 27881 |
| clerk of the Alliance, Lorain, Massillon, or Youngstown municipal | 27882 |
| court or occurs in the office of the clerk of a municipal court | 27883 |
| for which the population of the territory equals or exceeds one | 27884 |
| hundred thousand because the clerk ceases to hold the office | 27885 |
| before the end of the clerk's term or because a clerk-elect fails | 27886 |
| to take office, the vacancy shall be filled, until a successor is | 27887 |
| elected and qualified, by a person chosen by the residents of the | 27888 |
| territory of the court who are members of the county central | 27889 |
| committee of the political party by which the last occupant of | 27890 |
| that office or the clerk-elect was nominated. Not less than five | 27891 |
| nor more than fifteen days after a vacancy occurs, those members | 27892 |
| of that county central committee shall meet to make an appointment | 27893 |
| to fill the vacancy. At least four days before the date of the | 27894 |
| meeting, the chairperson or a secretary of the county central | 27895 |
| committee shall notify each such member of that county central | 27896 |
| committee by first class mail of the date, time, and place of the | 27897 |
| meeting and its purpose. A majority of all such members of that | 27898 |
| county central committee constitutes a quorum, and a majority of | 27899 |
| the quorum is required to make the appointment. If the office so | 27900 |
| vacated was occupied or was to be occupied by a person not | 27901 |
| nominated at a primary election, or if the appointment was not | 27902 |
| made by the committee members in accordance with this division, | 27903 |
| the court shall make an appointment to fill the vacancy. A | 27904 |
| successor shall be elected to fill the office for the unexpired | 27905 |
| term at the first municipal election that is held more than one | 27906 |
| hundred twenty days after the vacancy occurred. | 27907 |
| (C)(1) In a municipal court, other than the Auglaize county, | 27908 |
| the Brown county, the Columbiana county, the Holmes county, and | 27909 |
| the Lorain municipal courts, for which the population of the | 27910 |
| territory is less than one hundred thousand, the clerk of the | 27911 |
| municipal court shall receive the annual compensation that the | 27912 |
| presiding judge of the court prescribes, if the revenue of the | 27913 |
| court for the preceding calendar year, as certified by the auditor | 27914 |
| or chief fiscal officer of the municipal corporation in which the | 27915 |
| court is located or, in the case of a county-operated municipal | 27916 |
| court, the county auditor, is equal to or greater than the | 27917 |
| expenditures, including any debt charges, for the operation of the | 27918 |
| court payable under this chapter from the city treasury or, in the | 27919 |
| case of a county-operated municipal court, the county treasury for | 27920 |
| that calendar year, as also certified by the auditor or chief | 27921 |
| fiscal officer. If the revenue of a municipal court, other than | 27922 |
| the Auglaize county, the Brown county, the Columbiana county, and | 27923 |
| the Lorain municipal courts, for which the population of the | 27924 |
| territory is less than one hundred thousand for the preceding | 27925 |
| calendar year as so certified is not equal to or greater than | 27926 |
| those expenditures for the operation of the court for that | 27927 |
| calendar year as so certified, the clerk of a municipal court | 27928 |
| shall receive the annual compensation that the legislative | 27929 |
| authority prescribes. As used in this division, "revenue" means | 27930 |
| the total of all costs and fees that are collected and paid to the | 27931 |
| city treasury or, in a county-operated municipal court, the county | 27932 |
| treasury by the clerk of the municipal court under division (F) of | 27933 |
| this section and all interest received and paid to the city | 27934 |
| treasury or, in a county-operated municipal court, the county | 27935 |
| treasury in relation to the costs and fees under division (G) of | 27936 |
| this section. | 27937 |
| (2) In a municipal court, other than the Hamilton county, | 27938 |
| Portage county, and Wayne county municipal courts, for which the | 27939 |
| population of the territory is one hundred thousand or more, and | 27940 |
| in the Lorain municipal court, the clerk of the municipal court | 27941 |
| shall receive annual compensation in a sum equal to eighty-five | 27942 |
| per cent of the salary of a judge of the court. | 27943 |
| (3) The compensation of a clerk described in division (C)(1) | 27944 |
| or (2) of this section and of the clerk of the Columbiana county | 27945 |
| municipal court is payable in either semimonthly installments or | 27946 |
| biweekly installments, as determined by the payroll | 27947 |
| administrator, from the same sources and in the same manner as | 27948 |
| provided in section 1901.11 of the Revised Code, except that the | 27949 |
| compensation of the clerk of the Carroll county municipal court | 27950 |
| is payable in biweekly installments. | 27951 |
| (D) Before entering upon the duties of the clerk's office, | 27952 |
| the clerk of a municipal court shall give bond of not less than | 27953 |
| six thousand dollars to be determined by the judges of the court, | 27954 |
| conditioned upon the faithful performance of the clerk's duties. | 27955 |
| (E) The clerk of a municipal court may do all of the | 27956 |
| following: administer oaths, take affidavits, and issue executions | 27957 |
| upon any judgment rendered in the court, including a judgment for | 27958 |
| unpaid costs; issue, sign, and attach the seal of the court to all | 27959 |
| writs, process, subpoenas, and papers issuing out of the court; | 27960 |
| and approve all bonds, sureties, recognizances, and undertakings | 27961 |
| fixed by any judge of the court or by law. The clerk may refuse to | 27962 |
| accept for filing any pleading or paper submitted for filing by a | 27963 |
| person who has been found to be a vexatious litigator under | 27964 |
| section 2323.52 of the Revised Code and who has failed to obtain | 27965 |
| leave to proceed under that section. The clerk shall do all of the | 27966 |
| following: file and safely keep all journals, records, books, and | 27967 |
| papers belonging or appertaining to the court; record the | 27968 |
| proceedings of the court; perform all other duties that the judges | 27969 |
| of the court may prescribe; and keep a book showing all receipts | 27970 |
| and disbursements, which book shall be open for public inspection | 27971 |
| at all times. | 27972 |
| The clerk shall prepare and maintain a general index, a | 27973 |
| docket, and other records that the court, by rule, requires, all | 27974 |
| of which shall be the public records of the court. In the docket, | 27975 |
| the clerk shall enter, at the time of the commencement of an | 27976 |
| action, the names of the parties in full, the names of the | 27977 |
| counsel, and the nature of the proceedings. Under proper dates, | 27978 |
| the clerk shall note the filing of the complaint, issuing of | 27979 |
| summons or other process, returns, and any subsequent pleadings. | 27980 |
| The clerk also shall enter all reports, verdicts, orders, | 27981 |
| judgments, and proceedings of the court, clearly specifying the | 27982 |
| relief granted or orders made in each action. The court may order | 27983 |
| an extended record of any of the above to be made and entered, | 27984 |
| under the proper action heading, upon the docket at the request of | 27985 |
| any party to the case, the expense of which record may be taxed as | 27986 |
| costs in the case or may be required to be prepaid by the party | 27987 |
| demanding the record, upon order of the court. | 27988 |
| (F) The clerk of a municipal court shall receive, collect, | 27989 |
| and issue receipts for all costs, fees, fines, bail, and other | 27990 |
| moneys payable to the office or to any officer of the court. The | 27991 |
| clerk shall each month disburse to the proper persons or officers, | 27992 |
| and take receipts for, all costs, fees, fines, bail, and other | 27993 |
| moneys that the clerk collects. Subject to sections 3375.50 and | 27994 |
| 4511.193 of the Revised Code and to any other section of the | 27995 |
| Revised Code that requires a specific manner of disbursement of | 27996 |
| any moneys received by a municipal court and except for the | 27997 |
| Hamilton county, Lawrence county, and Ottawa county municipal | 27998 |
| courts, the clerk shall pay all fines received for violation of | 27999 |
| municipal ordinances into the treasury of the municipal | 28000 |
| corporation the ordinance of which was violated and shall pay all | 28001 |
| fines received for violation of township resolutions adopted | 28002 |
| pursuant to section 503.52 or 503.53 or Chapter 504. of the | 28003 |
| Revised Code into the treasury of the township the resolution of | 28004 |
| which was violated. Subject to sections 1901.024 and 4511.193 of | 28005 |
| the Revised Code, in the Hamilton county, Lawrence county, and | 28006 |
| Ottawa county municipal courts, the clerk shall pay fifty per cent | 28007 |
| of the fines received for violation of municipal ordinances and | 28008 |
| fifty per cent of the fines received for violation of township | 28009 |
| resolutions adopted pursuant to section 503.52 or 503.53 or | 28010 |
| Chapter 504. of the Revised Code into the treasury of the county. | 28011 |
| Subject to sections 3375.50, 3375.53, 4511.19, and 5503.04 of the | 28012 |
| Revised Code and to any other section of the Revised Code that | 28013 |
| requires a specific manner of disbursement of any moneys received | 28014 |
| by a municipal court, the clerk shall pay all fines collected for | 28015 |
| the violation of state laws into the county treasury. Except in a | 28016 |
| county-operated municipal court, the clerk shall pay all costs and | 28017 |
| fees the disbursement of which is not otherwise provided for in | 28018 |
| the Revised Code into the city treasury. The clerk of a | 28019 |
| county-operated municipal court shall pay the costs and fees the | 28020 |
| disbursement of which is not otherwise provided for in the Revised | 28021 |
| Code into the county treasury. Moneys deposited as security for | 28022 |
| costs shall be retained pending the litigation. The clerk shall | 28023 |
| keep a separate account of all receipts and disbursements in civil | 28024 |
| and criminal cases, which shall be a permanent public record of | 28025 |
| the office. On the expiration of the term of the clerk, the clerk | 28026 |
| shall deliver the records to the clerk's successor. The clerk | 28027 |
| shall have other powers and duties as are prescribed by rule or | 28028 |
| order of the court. | 28029 |
| (G) All moneys paid into a municipal court shall be noted on | 28030 |
| the record of the case in which they are paid and shall be | 28031 |
| deposited in a state or national bank, or a domestic savings and | 28032 |
| loan association, as defined in section 1151.01 of the Revised | 28033 |
| Code, that is selected by the clerk. Any interest received upon | 28034 |
| the deposits shall be paid into the city treasury, except that, in | 28035 |
| a county-operated municipal court, the interest shall be paid into | 28036 |
| the treasury of the county in which the court is located. | 28037 |
| On the first Monday in January of each year, the clerk shall | 28038 |
| make a list of the titles of all cases in the court that were | 28039 |
| finally determined more than one year past in which there remains | 28040 |
| unclaimed in the possession of the clerk any funds, or any part of | 28041 |
| a deposit for security of costs not consumed by the costs in the | 28042 |
| case. The clerk shall give notice of the moneys to the parties who | 28043 |
| are entitled to the moneys or to their attorneys of record. All | 28044 |
| the moneys remaining unclaimed on the first day of April of each | 28045 |
| year shall be paid by the clerk to the city treasurer, except | 28046 |
| that, in a county-operated municipal court, the moneys shall be | 28047 |
| paid to the treasurer of the county in which the court is located. | 28048 |
| The treasurer shall pay any part of the moneys at any time to the | 28049 |
| person who has the right to the moneys upon proper certification | 28050 |
| of the clerk. | 28051 |
| (H) Deputy clerks of a municipal court other than the Carroll | 28052 |
| county municipal court may be appointed by the clerk and shall | 28053 |
| receive the compensation, payable in either biweekly installments | 28054 |
| or semimonthly installments, as determined by the payroll | 28055 |
| administrator, out of the city treasury, that the clerk may | 28056 |
| prescribe, except that the compensation of any deputy clerk of a | 28057 |
| county-operated municipal court shall be paid out of the treasury | 28058 |
| of the county in which the court is located. The judge of the | 28059 |
| Carroll county municipal court may appoint deputy clerks for the | 28060 |
| court, and the deputy clerks shall receive the compensation, | 28061 |
| payable in biweekly installments out of the county treasury, that | 28062 |
| the judge may prescribe. Each deputy clerk shall take an oath of | 28063 |
| office before entering upon the duties of the deputy clerk's | 28064 |
| office and, when so qualified, may perform the duties appertaining | 28065 |
| to the office of the clerk. The clerk may require any of the | 28066 |
| deputy clerks to give bond of not less than three thousand | 28067 |
| dollars, conditioned for the faithful performance of the deputy | 28068 |
| clerk's duties. | 28069 |
| (I) For the purposes of this section, whenever the population | 28070 |
| of the territory of a municipal court falls below one hundred | 28071 |
| thousand but not below ninety thousand, and the population of the | 28072 |
| territory prior to the most recent regular federal census exceeded | 28073 |
| one hundred thousand, the legislative authority of the municipal | 28074 |
| corporation may declare, by resolution, that the territory shall | 28075 |
| be considered to have a population of at least one hundred | 28076 |
| thousand. | 28077 |
| (J) The clerk or a deputy clerk shall be in attendance at all | 28078 |
| sessions of the municipal court, although not necessarily in the | 28079 |
| courtroom, and may administer oaths to witnesses and jurors and | 28080 |
| receive verdicts. | 28081 |
| Sec. 1907.24. (A) Subject to division (C) of this section, a | 28082 |
| county court shall fix and tax fees and costs as follows: | 28083 |
| (1) The county court shall require an advance deposit for the | 28084 |
| filing of any new civil action or proceeding when required by | 28085 |
| division (C) of this section and, in all other cases, shall | 28086 |
| establish a schedule of fees and costs to be taxed in any civil or | 28087 |
| criminal action or proceeding. | 28088 |
| (2) The county court by rule may require an advance deposit | 28089 |
| for the filing of a civil action or proceeding and publication | 28090 |
| fees as provided in section 2701.09 of the Revised Code. The court | 28091 |
| may waive an advance deposit requirement upon the presentation of | 28092 |
| an affidavit or other evidence that establishes that a party is | 28093 |
| unable to make the requisite deposit. | 28094 |
| (3) When a party demands a jury trial in a civil action or | 28095 |
| proceeding, the county court may require the party to make an | 28096 |
| advance deposit as fixed by rule of court, unless the court | 28097 |
| concludes, on the basis of an affidavit or other evidence | 28098 |
| presented by the party, that the party is unable to make the | 28099 |
| requisite deposit. If a jury is called, the county court shall tax | 28100 |
| the fees of a jury as costs. | 28101 |
| (4) In a civil or criminal action or proceeding, the county | 28102 |
| court shall fix the fees of witnesses in accordance with sections | 28103 |
| 2335.06 and 2335.08 of the Revised Code. | 28104 |
| (5) A county court may tax as part of the costs in a trial of | 28105 |
| the cause, in an amount fixed by rule of court, a reasonable | 28106 |
| charge for driving, towing, carting, storing, keeping, and | 28107 |
| preserving motor vehicles and other personal property recovered or | 28108 |
| seized in a proceeding. | 28109 |
| (6) The court shall preserve chattel property seized under a | 28110 |
| writ or process issued by the court pending final disposition for | 28111 |
| the benefit of all interested persons. The court may place the | 28112 |
| chattel property in storage when necessary or proper for its | 28113 |
| preservation. The custodian of chattel property so stored shall | 28114 |
| not be required to part with the possession of the property until | 28115 |
| a reasonable charge, to be fixed by the court, is paid. | 28116 |
| (7) The county court, as it determines, may refund all | 28117 |
| deposits and advance payments of fees and costs, including those | 28118 |
| for jurors and summoning jurors, when they have been paid by the | 28119 |
| losing party. | 28120 |
| (8) The court may tax as part of costs charges for the | 28121 |
| publication of legal notices required by statute or order of | 28122 |
| court, as provided by section 7.13 of the Revised Code. | 28123 |
| (B)(1) The county court may determine that, for the efficient | 28124 |
| operation of the court, additional funds are necessary to acquire | 28125 |
| and pay for special projects of the court including, but not | 28126 |
| limited to, the acquisition of additional facilities or the | 28127 |
| rehabilitation of existing facilities, the acquisition of | 28128 |
| equipment, the hiring and training of staff, community service | 28129 |
| programs, mediation or dispute resolution services, the employment | 28130 |
| of magistrates, the training and education of judges, acting | 28131 |
| judges, and magistrates, and other related services. Upon that | 28132 |
| determination, the court by rule may charge a fee, in addition to | 28133 |
| all other court costs, on the filing of each criminal cause, civil | 28134 |
| action or proceeding, or judgment by confession. | 28135 |
| If the county court offers a special program or service in | 28136 |
| cases of a specific type, the county court by rule may assess an | 28137 |
| additional charge in a case of that type, over and above court | 28138 |
| costs, to cover the special program or service. The county court | 28139 |
| shall adjust the special assessment periodically, but not | 28140 |
| retroactively, so that the amount assessed in those cases does not | 28141 |
| exceed the actual cost of providing the service or program. | 28142 |
| All moneys collected under division (B) of this section shall | 28143 |
| be paid to the county treasurer for deposit into either a general | 28144 |
| special projects fund or a fund established for a specific special | 28145 |
| project. Moneys from a fund of that nature shall be disbursed upon | 28146 |
| an order of the court in an amount no greater than the actual cost | 28147 |
| to the court of a project. If a specific fund is terminated | 28148 |
| because of the discontinuance of a program or service established | 28149 |
| under division (B) of this section, the county court may order | 28150 |
| that moneys remaining in the fund be transferred to an account | 28151 |
| established under this division for a similar purpose. | 28152 |
| (2) As used in division (B) of this section: | 28153 |
| (a) "Criminal cause" means a charge alleging the violation of | 28154 |
| a statute or ordinance, or subsection of a statute or ordinance, | 28155 |
| that requires a separate finding of fact or a separate plea before | 28156 |
| disposition and of which the defendant may be found guilty, | 28157 |
| whether filed as part of a multiple charge on a single summons, | 28158 |
| citation, or complaint or as a separate charge on a single | 28159 |
| summons, citation, or complaint. "Criminal cause" does not include | 28160 |
| separate violations of the same statute or ordinance, or | 28161 |
| subsection of the same statute or ordinance, unless each charge is | 28162 |
| filed on a separate summons, citation, or complaint. | 28163 |
| (b) "Civil action or proceeding" means any civil litigation | 28164 |
| that must be determined by judgment entry. | 28165 |
| (C) Subject to division (E) of this section, the county court | 28166 |
| shall collect in all its divisions except the small claims | 28167 |
|
division the sum of | 28168 |
| filing fees in each new civil action or proceeding for the | 28169 |
| charitable public purpose of providing financial assistance to | 28170 |
| legal aid societies that operate within the state and to support | 28171 |
| the office of the state public defender. Subject to division (E) | 28172 |
| of this section, the county court shall collect in its small | 28173 |
| claims division the sum of eleven dollars as additional filing | 28174 |
| fees in each new civil action or proceeding for the charitable | 28175 |
| public purpose of providing financial assistance to legal aid | 28176 |
| societies that operate within the state and to support the office | 28177 |
| of the state public defender. This division does not apply to any | 28178 |
| execution on a judgment, proceeding in aid of execution, or other | 28179 |
| post-judgment proceeding arising out of a civil action. The filing | 28180 |
| fees required to be collected under this division shall be in | 28181 |
| addition to any other court costs imposed in the action or | 28182 |
| proceeding and shall be collected at the time of the filing of the | 28183 |
| action or proceeding. The court shall not waive the payment of the | 28184 |
| additional filing fees in a new civil action or proceeding unless | 28185 |
| the court waives the advanced payment of all filing fees in the | 28186 |
| action or proceeding. All such moneys collected during a month | 28187 |
| except for an amount equal to up to one per cent of those moneys | 28188 |
| retained to cover administrative costs shall be transmitted on or | 28189 |
| before the twentieth day of the following month by the clerk of | 28190 |
| the court to the treasurer of state in a manner prescribed by the | 28191 |
| treasurer of state or by the Ohio legal assistance foundation. The | 28192 |
| treasurer of state shall deposit four per cent of the funds | 28193 |
| collected under this division to the credit of the civil case | 28194 |
| filing fee fund established under section 120.07 of the Revised | 28195 |
| Code and ninety-six per cent of the funds collected under this | 28196 |
| division to the credit of the legal aid fund established under | 28197 |
| section 120.52 of the Revised Code. | 28198 |
| The Ohio legal assistance foundation or any recipient of | 28199 |
| financial assistance from the foundation that receives, or | 28200 |
| benefits from, any portion of the additional filing fees that are | 28201 |
| collected and transmitted under this division shall not bring or | 28202 |
| maintain any class action and shall not bring or maintain any | 28203 |
| action against the state or any political subdivision of the | 28204 |
| state. | 28205 |
| The court may retain up to one per cent of the moneys it | 28206 |
| collects under this division to cover administrative costs, | 28207 |
| including the hiring of any additional personnel necessary to | 28208 |
| implement this division. If the court fails to transmit to the | 28209 |
| treasurer of state the moneys the court collects under this | 28210 |
| division in a manner prescribed by the treasurer of state or by | 28211 |
| the Ohio legal assistance foundation, the court shall forfeit the | 28212 |
| moneys the court retains under this division to cover | 28213 |
| administrative costs, including the hiring of any additional | 28214 |
| personnel necessary to implement this division, and shall transmit | 28215 |
| to the treasurer of state all moneys collected under this | 28216 |
| division, including the forfeited amount retained for | 28217 |
| administrative costs, for deposit in the legal aid fund. | 28218 |
| (D) The county court shall establish by rule a schedule of | 28219 |
| fees for miscellaneous services performed by the county court or | 28220 |
| any of its judges in accordance with law. If judges of the court | 28221 |
| of common pleas perform similar services, the fees prescribed in | 28222 |
| the schedule shall not exceed the fees for those services | 28223 |
| prescribed by the court of common pleas. | 28224 |
| (E) Under the circumstances described in sections 2969.21 to | 28225 |
| 2969.27 of the Revised Code, the clerk of the county court shall | 28226 |
| charge the fees and perform the other duties specified in those | 28227 |
| sections. | 28228 |
| Sec. 2303.201. (A)(1) The court of common pleas of any | 28229 |
| county may determine that for the efficient operation of the court | 28230 |
| additional funds are required to computerize the court, to make | 28231 |
| available computerized legal research services, or to do both. | 28232 |
| Upon making a determination that additional funds are required for | 28233 |
| either or both of those purposes, the court shall authorize and | 28234 |
| direct the clerk of the court of common pleas to charge one | 28235 |
| additional fee, not to exceed three dollars, on the filing of each | 28236 |
| cause of action or appeal under divisions (A), (Q), and (U) of | 28237 |
| section 2303.20 of the Revised Code. | 28238 |
| (2) All fees collected under division (A)(1) of this section | 28239 |
| shall be paid to the county treasurer. The treasurer shall place | 28240 |
| the funds from the fees in a separate fund to be disbursed, upon | 28241 |
| an order of the court, in an amount not greater than the actual | 28242 |
| cost to the court of procuring and maintaining computerization of | 28243 |
| the court, computerized legal research services, or both. | 28244 |
| (3) If the court determines that the funds in the fund | 28245 |
| described in division (A)(2) of this section are more than | 28246 |
| sufficient to satisfy the purpose for which the additional fee | 28247 |
| described in division (A)(1) of this section was imposed, the | 28248 |
| court may declare a surplus in the fund and expend those surplus | 28249 |
| funds for other appropriate technological expenses of the court. | 28250 |
| (B)(1) The court of common pleas of any county may determine | 28251 |
| that, for the efficient operation of the court, additional funds | 28252 |
| are required to computerize the office of the clerk of the court | 28253 |
| of common pleas and, upon that determination, authorize and direct | 28254 |
| the clerk of the court of common pleas to charge an additional | 28255 |
| fee, not to exceed ten dollars, on the filing of each cause of | 28256 |
| action or appeal, on the filing, docketing, and endorsing of each | 28257 |
| certificate of judgment, or on the docketing and indexing of each | 28258 |
| aid in execution or petition to vacate, revive, or modify a | 28259 |
| judgment under divisions (A), (P), (Q), (T), and (U) of section | 28260 |
| 2303.20 of the Revised Code. Subject to division (B)(2) of this | 28261 |
| section, all moneys collected under division (B)(1) of this | 28262 |
| section shall be paid to the county treasurer to be disbursed, | 28263 |
| upon an order of the court of common pleas and subject to | 28264 |
| appropriation by the board of county commissioners, in an amount | 28265 |
| no greater than the actual cost to the court of procuring and | 28266 |
| maintaining computer systems for the office of the clerk of the | 28267 |
| court of common pleas. | 28268 |
| (2) If the court of common pleas of a county makes the | 28269 |
| determination described in division (B)(1) of this section, the | 28270 |
| board of county commissioners of that county may issue one or more | 28271 |
| general obligation bonds for the purpose of procuring and | 28272 |
| maintaining the computer systems for the office of the clerk of | 28273 |
| the court of common pleas. In addition to the purposes stated in | 28274 |
| division (B)(1) of this section for which the moneys collected | 28275 |
| under that division may be expended, the moneys additionally may | 28276 |
| be expended to pay debt charges on and financing costs related to | 28277 |
| any general obligation bonds issued pursuant to division (B)(2) of | 28278 |
| this section as they become due. General obligation bonds issued | 28279 |
| pursuant to division (B)(2) of this section are Chapter 133. | 28280 |
| securities. | 28281 |
| (C) The court of common pleas shall collect the sum of | 28282 |
| 28283 | |
| new civil action or proceeding for the charitable public purpose | 28284 |
| of providing financial assistance to legal aid societies that | 28285 |
| operate within the state and to support the office of the state | 28286 |
| public defender. This division does not apply to a domestic | 28287 |
| relations division of a court of common pleas, except that the | 28288 |
| additional filing fee shall apply to proceedings concerning | 28289 |
| annulments, dissolutions of marriage, divorces, and legal | 28290 |
|
separation | 28291 |
| 28292 | |
| juvenile division of a court of common pleas; to a probate | 28293 |
| division of a court of common pleas, except that the additional | 28294 |
| filing fees shall apply to name change, guardianship, adoption, | 28295 |
| and decedents' estate proceedings; or to an execution on a | 28296 |
| judgment, proceeding in aid of execution, or other post-judgment | 28297 |
| proceeding arising out of a civil action. The filing fees required | 28298 |
| to be collected under this division shall be in addition to any | 28299 |
| other filing fees imposed in the action or proceeding and shall be | 28300 |
| collected at the time of the filing of the action or proceeding. | 28301 |
| The court shall not waive the payment of the additional filing | 28302 |
| fees in a new civil action or proceeding unless the court waives | 28303 |
| the advanced payment of all filing fees in the action or | 28304 |
| proceeding. All such moneys collected during a month except for an | 28305 |
| amount equal to up to one per cent of those moneys retained to | 28306 |
| cover administrative costs shall be transmitted on or before the | 28307 |
| twentieth day of the following month by the clerk of the court to | 28308 |
| the treasurer of state in a manner prescribed by the treasurer of | 28309 |
| state or by the Ohio legal assistance foundation. The treasurer of | 28310 |
| state shall deposit four per cent of the funds collected under | 28311 |
| this division to the credit of the civil case filing fee fund | 28312 |
| established under section 120.07 of the Revised Code and | 28313 |
| ninety-six per cent of the funds collected under this division to | 28314 |
| the credit of the legal aid fund established under section 120.52 | 28315 |
| of the Revised Code. | 28316 |
| The Ohio legal assistance foundation or any recipient of | 28317 |
| financial assistance from the foundation that receives, or | 28318 |
| benefits from, any portion of the additional filing fees that are | 28319 |
| collected and transmitted under this division shall not bring or | 28320 |
| maintain any class action and shall not bring or maintain any | 28321 |
| action against the state or any political subdivision of the | 28322 |
| state. | 28323 |
| The court may retain up to one per cent of the moneys it | 28324 |
| collects under this division to cover administrative costs, | 28325 |
| including the hiring of any additional personnel necessary to | 28326 |
| implement this division. If the court fails to transmit to the | 28327 |
| treasurer of state the moneys the court collects under this | 28328 |
| division in a manner prescribed by the treasurer of state or by | 28329 |
| the Ohio legal assistance foundation, the court shall forfeit the | 28330 |
| moneys the court retains under this division to cover | 28331 |
| administrative costs, including the hiring of any additional | 28332 |
| personnel necessary to implement this division, and shall transmit | 28333 |
| to the treasurer of state all moneys collected under this | 28334 |
| division, including the forfeited amount retained for | 28335 |
| administrative costs, for deposit in the legal aid fund. | 28336 |
| (D) On and after the thirtieth day after December 9, 1994, | 28337 |
| the court of common pleas shall collect the sum of thirty-two | 28338 |
| dollars as additional filing fees in each new action or proceeding | 28339 |
| for annulment, divorce, or dissolution of marriage for the purpose | 28340 |
| of funding shelters for victims of domestic violence pursuant to | 28341 |
| sections 3113.35 to 3113.39 of the Revised Code. The filing fees | 28342 |
| required to be collected under this division shall be in addition | 28343 |
| to any other filing fees imposed in the action or proceeding and | 28344 |
| shall be collected at the time of the filing of the action or | 28345 |
| proceeding. The court shall not waive the payment of the | 28346 |
| additional filing fees in a new action or proceeding for | 28347 |
| annulment, divorce, or dissolution of marriage unless the court | 28348 |
| waives the advanced payment of all filing fees in the action or | 28349 |
| proceeding. On or before the twentieth day of each month, all | 28350 |
| moneys collected during the immediately preceding month pursuant | 28351 |
| to this division shall be deposited by the clerk of the court into | 28352 |
| the county treasury in the special fund used for deposit of | 28353 |
| additional marriage license fees as described in section 3113.34 | 28354 |
| of the Revised Code. Upon their deposit into the fund, the moneys | 28355 |
| shall be retained in the fund and expended only as described in | 28356 |
| section 3113.34 of the Revised Code. | 28357 |
| (E)(1) The court of common pleas may determine that, for the | 28358 |
| efficient operation of the court, additional funds are necessary | 28359 |
| to acquire and pay for special projects of the court, including, | 28360 |
| but not limited to, the acquisition of additional facilities or | 28361 |
| the rehabilitation of existing facilities, the acquisition of | 28362 |
| equipment, the hiring and training of staff, community service | 28363 |
| programs, mediation or dispute resolution services, the employment | 28364 |
| of magistrates, the training and education of judges, acting | 28365 |
| judges, and magistrates, and other related services. Upon that | 28366 |
| determination, the court by rule may charge a fee, in addition to | 28367 |
| all other court costs, on the filing of each criminal cause, civil | 28368 |
| action or proceeding, or judgment by confession. | 28369 |
| If the court of common pleas offers a special program or | 28370 |
| service in cases of a specific type, the court by rule may assess | 28371 |
| an additional charge in a case of that type, over and above court | 28372 |
| costs, to cover the special program or service. The court shall | 28373 |
| adjust the special assessment periodically, but not retroactively, | 28374 |
| so that the amount assessed in those cases does not exceed the | 28375 |
| actual cost of providing the service or program. | 28376 |
| All moneys collected under division (E) of this section shall | 28377 |
| be paid to the county treasurer for deposit into either a general | 28378 |
| special projects fund or a fund established for a specific special | 28379 |
| project. Moneys from a fund of that nature shall be disbursed upon | 28380 |
| an order of the court in an amount no greater than the actual cost | 28381 |
| to the court of a project. If a specific fund is terminated | 28382 |
| because of the discontinuance of a program or service established | 28383 |
| under division (E) of this section, the court may order that | 28384 |
| moneys remaining in the fund be transferred to an account | 28385 |
| established under this division for a similar purpose. | 28386 |
| (2) As used in division (E) of this section: | 28387 |
| (a) "Criminal cause" means a charge alleging the violation of | 28388 |
| a statute or ordinance, or subsection of a statute or ordinance, | 28389 |
| that requires a separate finding of fact or a separate plea before | 28390 |
| disposition and of which the defendant may be found guilty, | 28391 |
| whether filed as part of a multiple charge on a single summons, | 28392 |
| citation, or complaint or as a separate charge on a single | 28393 |
| summons, citation, or complaint. "Criminal cause" does not include | 28394 |
| separate violations of the same statute or ordinance, or | 28395 |
| subsection of the same statute or ordinance, unless each charge is | 28396 |
| filed on a separate summons, citation, or complaint. | 28397 |
| (b) "Civil action or proceeding" means any civil litigation | 28398 |
| that must be determined by judgment entry. | 28399 |
| Sec. 2315.50. (A) This section applies to an action | 28400 |
| maintained as a class action in which the settlement agreement or | 28401 |
| judgment includes a monetary award, including compensatory or | 28402 |
| punitive and exemplary damages, restitution, or any other payment | 28403 |
| of money due from each defendant to the members of the class. | 28404 |
| (B) It is the policy of this state, insofar as it is not | 28405 |
| inconsistent with federal law, that all unpaid moneys remaining | 28406 |
| after the distribution to the members of the class of monetary | 28407 |
| awards in class actions described in division (A) of this section | 28408 |
| shall be used for charitable public purposes. Fifteen per cent of | 28409 |
| those moneys shall provide financial assistance to legal aid | 28410 |
| societies that operate within this state. The remaining | 28411 |
| eighty-five per cent of those moneys shall be distributed to | 28412 |
| charities, nonprofit organizations, and charitable programs | 28413 |
| selected in the action and approved by the court. With respect to | 28414 |
| the moneys for legal aid societies, not later than the twentieth | 28415 |
| day of the month immediately following the month during which the | 28416 |
| amount of unpaid moneys, if any, remaining after that | 28417 |
| distribution of the monetary award in the class action is | 28418 |
| identified, each defendant from whom the unpaid moneys are due, | 28419 |
| in a manner and form prescribed in the rules established by the | 28420 |
| Ohio legal assistance foundation under section 120.52 of the | 28421 |
| Revised Code, shall do both of the following: | 28422 |
| (1) Remit fifteen per cent of the sum of the unpaid moneys to | 28423 |
| the treasurer of state for deposit in the legal aid fund | 28424 |
| established under section 120.52 of the Revised Code; | 28425 |
| (2) Notify the Ohio legal assistance foundation of all of the | 28426 |
| following: | 28427 |
| (a) The amount of moneys remitted under division (B)(1) of | 28428 |
| this section; | 28429 |
| (b) The case name and case number of the class action and the | 28430 |
| court that approved the settlement agreement or rendered the | 28431 |
| judgment in the class action. | 28432 |
| (C) The Ohio legal assistance foundation or any recipient of | 28433 |
| financial assistance from the foundation that receives, or | 28434 |
| benefits from, any portion of the moneys that are remitted under | 28435 |
| division (B)(1) of this section shall not bring or maintain any | 28436 |
| class action and shall not bring or maintain any action against | 28437 |
| the state or any political subdivision of the state. | 28438 |
| Sec. 2317.422. (A) Notwithstanding sections 2317.40 and | 28439 |
| 2317.41 of the Revised Code but subject to division (B) of this | 28440 |
| section, the records, or copies or photographs of the records, of | 28441 |
| a hospital, homes required to be licensed pursuant to section | 28442 |
|
3721.01 of the Revised Code, and | 28443 |
|
to be licensed pursuant to Chapter 3722. of the Revised Code, | 28444 |
| 28445 | |
| 28446 | |
| their custodian, person who made them, or person under whose | 28447 |
| supervision they were made, may be qualified as authentic evidence | 28448 |
| if any such person endorses thereon the person's verified | 28449 |
| certification identifying such records, giving the mode and time | 28450 |
| of their preparation, and stating that they were prepared in the | 28451 |
| usual course of the business of the institution. Such records, | 28452 |
| copies, or photographs may not be qualified by certification as | 28453 |
| provided in this section unless the party intending to offer them | 28454 |
| delivers a copy of them, or of their relevant portions, to the | 28455 |
| attorney of record for each adverse party not less than five days | 28456 |
| before trial. Nothing in this section shall be construed to limit | 28457 |
| the right of any party to call the custodian, person who made such | 28458 |
| records, or person under whose supervision they were made, as a | 28459 |
| witness. | 28460 |
| (B) Division (A) of this section does not apply to any | 28461 |
| certified copy of the results of any test given to determine the | 28462 |
| presence or concentration of alcohol, a drug of abuse, a | 28463 |
| combination of them, a controlled substance, or a metabolite of a | 28464 |
| controlled substance in a patient's whole blood, blood serum or | 28465 |
| plasma, breath, or urine at any time relevant to a criminal | 28466 |
| offense that is submitted in a criminal action or proceeding in | 28467 |
| accordance with division (B)(2)(b) or (B)(3)(b) of section 2317.02 | 28468 |
| of the Revised Code. | 28469 |
| Sec. 2323.44. (A)(1) There is hereby created the Ohio | 28470 |
| subrogation rights commission consisting of six voting members and | 28471 |
| 28472 | |
| person shall be a current member of the general assembly. The | 28473 |
| president of the senate and the speaker of the house of | 28474 |
| representatives shall jointly appoint nine members. The | 28475 |
| chairperson of the senate committee to which bills pertaining to | 28476 |
| insurance are referred shall be a member of the commission. The | 28477 |
| chairperson of the house committee to which bills pertaining to | 28478 |
| insurance are referred shall be a member of the commission. The | 28479 |
| chairperson and the ranking minority member of the senate | 28480 |
| committee to which bills pertaining to civil justice are referred | 28481 |
| shall each be a member of the commission. The chairperson and the | 28482 |
| ranking minority member of the house committee to which bills | 28483 |
| pertaining to civil justice are referred shall each be a member of | 28484 |
| the commission. Of the nine members jointly appointed by the | 28485 |
| president of the senate and the speaker of the house of | 28486 |
| representative, one shall represent a health insuring company | 28487 |
| doing business in the state, one shall represent a public | 28488 |
| employees union in the state, one shall represent the Ohio academy | 28489 |
| of trial lawyers, one shall represent a property and casualty | 28490 |
| insurance company doing business in the state, one shall represent | 28491 |
| the Ohio state bar association, and one shall represent a sickness | 28492 |
| and accident insurer doing business in the state; all of these | 28493 |
| appointees shall have expertise in insurance law, including | 28494 |
| subrogation rights. Of the remaining three members jointly | 28495 |
| appointed by the president of the senate and the speaker of the | 28496 |
| house of representatives, one shall represent plaintiffs in tort | 28497 |
| actions who suffered damages as a result of the injury, death, or | 28498 |
| loss to person or property upon which the tort actions were based, | 28499 |
| and two shall represent employers whose primary place of business | 28500 |
| is located in this state, one of which shall represent a small | 28501 |
|
employer. | 28502 |
| 28503 |
| (2) As used in this division: | 28504 |
| (a) "Small employer" means an employer who employs not more | 28505 |
| than one hundred persons on a full-time permanent basis, or, if | 28506 |
| the employer is classified as being in the manufacturing sector by | 28507 |
| the North American industrial classification system, an employer | 28508 |
| who employs not more than five hundred persons on a full-time | 28509 |
| permanent basis. | 28510 |
| (b) "Tort action" means a civil action for damages for | 28511 |
| injury, death, or loss to person or property. "Tort action" | 28512 |
| includes a product liability claim, as defined in section 2307.71 | 28513 |
| of the Revised Code, but does not include a civil action for | 28514 |
| damages for a breach of contract or another agreement between | 28515 |
| persons. | 28516 |
| (B) The commission shall do all of the following: | 28517 |
| (1) Investigate the problems posed by, and the issues | 28518 |
| surrounding, the N. Buckeye Educ. Council Group Health Benefits | 28519 |
| Plan v. Lawson (2004), 103 Ohio St. 3d 188 decision regarding | 28520 |
| subrogation; | 28521 |
| (2) Prepare a report of recommended legislative solutions to | 28522 |
| the court decision referred to in division (B)(1) of this section; | 28523 |
| (3) Submit a report of its findings to the members of the | 28524 |
| general assembly not later than December 31, 2005. | 28525 |
| (C) Any vacancy in the membership of the commission shall be | 28526 |
| filled in the same manner in which the original appointment was | 28527 |
| made. | 28528 |
| (D) The chairpersons of the house and senate committees to | 28529 |
| which bills pertaining to insurance are referred shall jointly | 28530 |
| call the first meeting of the commission not later than thirty | 28531 |
| days after the effective date of this amendment. The first meeting | 28532 |
| shall be organizational, and the voting members of the commission | 28533 |
| shall determine the chairperson from among the commission's voting | 28534 |
| members by a majority vote. | 28535 |
| (E) The legislative service commission shall provide any | 28536 |
| technical, professional, and clerical employees that are necessary | 28537 |
| for the commission to perform its duties. | 28538 |
| (F) All meetings of the commission are public meetings and | 28539 |
| shall be open to the public at all times. A member of the | 28540 |
| commission must be present in person at a meeting that is open to | 28541 |
| the public in order to be considered present or to vote at the | 28542 |
| meeting and for the purposes of determining whether a quorum is | 28543 |
| present. The commission shall promptly prepare and maintain the | 28544 |
| minutes of its meetings, and the minutes shall be public records | 28545 |
| under section 149.43 of the Revised Code. The commission shall | 28546 |
| give reasonable notice of its meetings so that any person may | 28547 |
| determine the time and place of all scheduled meetings. The | 28548 |
| commission shall not hold a meeting unless it gives at least | 28549 |
| twenty-four hours advance notice to the news media organizations | 28550 |
| that have requested notification of its meetings. | 28551 |
| Sec. 2501.03. The judges of the court of appeals shall meet | 28552 |
| annually at such time and place within the state as may be set by | 28553 |
| the chief justice of the court of appeals to organize and to | 28554 |
| choose one of their members as chief justice and one as secretary | 28555 |
| for the next judicial year, which shall commence on the first day | 28556 |
| of January. The judges may adopt rules to govern their | 28557 |
|
organization | 28558 |
| 28559 | |
| 28560 |
| The judges of the court of appeals, or committees composed of | 28561 |
| those judges, may meet at such other times and places within this | 28562 |
| state as may be designated by the chief justice to carry out the | 28563 |
| purposes of the organization. Annual dues in a reasonable amount | 28564 |
| may be assessed each member of the organization. Annual dues and | 28565 |
| the actual and necessary expenses incurred by each judge in | 28566 |
| attending meetings of the organization shall be reimbursed by the | 28567 |
| state in the same manner as provided in section 141.10 of the | 28568 |
| Revised Code. | 28569 |
| Sec. 2503.17. | 28570 |
| 28571 | |
|
supreme
court
shall charge and
collect | 28572 |
|
as a filing fee, for
each case entered
upon the | 28573 |
| 28574 | |
| 28575 | |
| 28576 | |
| 28577 | |
| 28578 | |
| filing fees so charged and collected shall be in full for | 28579 |
| 28580 | |
| 28581 | |
| 28582 | |
| 28583 | |
| 28584 | |
| 28585 | |
| 28586 | |
| each case filed in the supreme court under the Rules of Practice | 28587 |
| of the Supreme Court. The party invoking the action of the court | 28588 |
|
shall pay the filing fee to the clerk before
the case
| 28589 |
| docketed, and it shall be taxed as costs and recovered from the | 28590 |
| other party if the party invoking the action of the court | 28591 |
| succeeds, unless the court otherwise directs. | 28592 |
| | 28593 |
| 28594 |
| | 28595 |
| 28596 | |
| 28597 | |
| 28598 |
| | 28599 |
| 28600 | |
| 28601 | |
| 28602 | |
| 28603 |
| | 28604 |
| 28605 | |
| 28606 | |
| 28607 | |
| 28608 | |
| 28609 |
| | 28610 |
| 28611 | |
| 28612 | |
| 28613 | |
| 28614 |
| | 28615 |
| 28616 | |
| 28617 | |
| 28618 | |
| deposit shall be charged to an indigent party upon determination | 28619 |
| of indigency by the supreme court pursuant to the Rules of | 28620 |
| Practice of the Supreme Court. | 28621 |
| Sec. 2505.09. Except as provided in section 2505.11 or | 28622 |
| 2505.12 or another section of the Revised Code or in applicable | 28623 |
| rules governing courts, the perfection of an appeal, including an | 28624 |
| administrative-related appeal, does not operate as a stay of | 28625 |
| execution until a stay of execution has been obtained pursuant to | 28626 |
| the Rules of Appellate Procedure or in another applicable manner, | 28627 |
| and a supersedeas bond is executed by the appellant to the | 28628 |
| appellee, with sufficient sureties and in a sum that is not less | 28629 |
| than, if applicable, the cumulative total for all claims covered | 28630 |
| by the final order, judgment, or decree and interest involved, | 28631 |
| except that the bond shall not exceed fifty million dollars | 28632 |
| excluding interest and costs, as directed by the court that | 28633 |
| rendered the final order, judgment, or decree that is sought to be | 28634 |
| superseded or by the court to which the appeal is taken. That bond | 28635 |
| shall be conditioned as provided in section 2505.14 of the Revised | 28636 |
| Code. | 28637 |
| Sec. 2505.12. An appellant is not required to give a | 28638 |
| supersedeas bond in connection with any of the following: | 28639 |
| (A) | 28640 |
| (1) An executor, administrator, guardian, receiver, trustee, | 28641 |
| or trustee in bankruptcy who is acting in that person's trust | 28642 |
| capacity and who has given bond in this state, with surety | 28643 |
| according to law; | 28644 |
| (2) The state or any political subdivision of the state; | 28645 |
| (3) Any public officer of the state or of any of its | 28646 |
| political subdivisions who is suing or is sued solely in the | 28647 |
| public officer's representative capacity as that officer. | 28648 |
| (B)
| 28649 |
| final order that is not for the payment of money. | 28650 |
| Sec. 2505.122. An appellant who obtains a stay of execution | 28651 |
| pending the appeal of a final order, adjudication, or decision | 28652 |
| pursuant to section 2506.01 of the Revised Code shall execute a | 28653 |
| supersedeas bond to the appellee, with sufficient sureties and in | 28654 |
| such an amount as is determined by the court. That bond shall be | 28655 |
| conditioned as provided in section 2505.14 of the Revised Code. | 28656 |
| Sec. 2743.51. As used in sections 2743.51 to 2743.72 of the | 28657 |
| Revised Code: | 28658 |
| (A) "Claimant" means both of the following categories of | 28659 |
| persons: | 28660 |
| (1) Any of the following persons who claim an award of | 28661 |
| reparations under sections 2743.51 to 2743.72 of the Revised Code: | 28662 |
| (a) A victim who was one of the following at the time of the | 28663 |
| criminally injurious conduct: | 28664 |
| (i) A resident of the United States; | 28665 |
| (ii) A resident of a foreign country the laws of which permit | 28666 |
| residents of this state to recover compensation as victims of | 28667 |
| offenses committed in that country. | 28668 |
| (b) A dependent of a deceased victim who is described in | 28669 |
| division (A)(1)(a) of this section; | 28670 |
| (c) A third person, other than a collateral source, who | 28671 |
| legally assumes or voluntarily pays the obligations of a victim, | 28672 |
| or of a dependent of a victim, who is described in division | 28673 |
| (A)(1)(a) of this section, which obligations are incurred as a | 28674 |
| result of the criminally injurious conduct that is the subject of | 28675 |
| the claim and may include, but are not limited to, medical or | 28676 |
| burial expenses; | 28677 |
| (d) A person who is authorized to act on behalf of any person | 28678 |
| who is described in division (A)(1)(a), (b), or (c) of this | 28679 |
| section; | 28680 |
| (e) The estate of a deceased victim who is described in | 28681 |
| division (A)(1)(a) of this section. | 28682 |
| (2) Any of the following persons who claim an award of | 28683 |
| reparations under sections 2743.51 to 2743.72 of the Revised Code: | 28684 |
| (a) A victim who had a permanent place of residence within | 28685 |
| this state at the time of the criminally injurious conduct and | 28686 |
| who, at the time of the criminally injurious conduct, complied | 28687 |
| with any one of the following: | 28688 |
| (i) Had a permanent place of employment in this state; | 28689 |
| (ii) Was a member of the regular armed forces of the United | 28690 |
| States or of the United States coast guard or was a full-time | 28691 |
| member of the Ohio organized militia or of the United States army | 28692 |
| reserve, naval reserve, or air force reserve; | 28693 |
| (iii) Was retired and receiving social security or any other | 28694 |
| retirement income; | 28695 |
| (iv) Was sixty years of age or older; | 28696 |
| (v) Was temporarily in another state for the purpose of | 28697 |
| receiving medical treatment; | 28698 |
| (vi) Was temporarily in another state for the purpose of | 28699 |
| performing employment-related duties required by an employer | 28700 |
| located within this state as an express condition of employment or | 28701 |
| employee benefits; | 28702 |
| (vii) Was temporarily in another state for the purpose of | 28703 |
| receiving occupational, vocational, or other job-related training | 28704 |
| or instruction required by an employer located within this state | 28705 |
| as an express condition of employment or employee benefits; | 28706 |
| (viii) Was a full-time student at an academic institution, | 28707 |
| college, or university located in another state; | 28708 |
| (ix) Had not departed the geographical boundaries of this | 28709 |
| state for a period exceeding thirty days or with the intention of | 28710 |
| becoming a citizen of another state or establishing a permanent | 28711 |
| place of residence in another state. | 28712 |
| (b) A dependent of a deceased victim who is described in | 28713 |
| division (A)(2)(a) of this section; | 28714 |
| (c) A third person, other than a collateral source, who | 28715 |
| legally assumes or voluntarily pays the obligations of a victim, | 28716 |
| or of a dependent of a victim, who is described in division | 28717 |
| (A)(2)(a) of this section, which obligations are incurred as a | 28718 |
| result of the criminally injurious conduct that is the subject of | 28719 |
| the claim and may include, but are not limited to, medical or | 28720 |
| burial expenses; | 28721 |
| (d) A person who is authorized to act on behalf of any person | 28722 |
| who is described in division (A)(2)(a), (b), or (c) of this | 28723 |
| section; | 28724 |
| (e) The estate of a deceased victim who is described in | 28725 |
| division (A)(2)(a) of this section. | 28726 |
| (B) "Collateral source" means a source of benefits or | 28727 |
| advantages for economic loss otherwise reparable that the victim | 28728 |
| or claimant has received, or that is readily available to the | 28729 |
| victim or claimant, from any of the following sources: | 28730 |
| (1) The offender; | 28731 |
| (2) The government of the United States or any of its | 28732 |
| agencies, a state or any of its political subdivisions, or an | 28733 |
| instrumentality of two or more states, unless the law providing | 28734 |
| for the benefits or advantages makes them excess or secondary to | 28735 |
| benefits under sections 2743.51 to 2743.72 of the Revised Code; | 28736 |
| (3) Social security, medicare, and medicaid; | 28737 |
| (4) State-required, temporary, nonoccupational disability | 28738 |
| insurance; | 28739 |
| (5) Workers' compensation; | 28740 |
| (6) Wage continuation programs of any employer; | 28741 |
| (7) Proceeds of a contract of insurance payable to the victim | 28742 |
| for loss that the victim sustained because of the criminally | 28743 |
| injurious conduct; | 28744 |
| (8) A contract providing prepaid hospital and other health | 28745 |
| care services, or benefits for disability; | 28746 |
| (9) That portion of the proceeds of all contracts of | 28747 |
| insurance payable to the claimant on account of the death of the | 28748 |
| victim that exceeds fifty thousand dollars; | 28749 |
| (10) Any compensation recovered or recoverable under the laws | 28750 |
| of another state, district, territory, or foreign country because | 28751 |
| the victim was the victim of an offense committed in that state, | 28752 |
| district, territory, or country. | 28753 |
| "Collateral source" does not include any money, or the | 28754 |
| monetary value of any property, that is subject to sections | 28755 |
| 2969.01 to 2969.06 of the Revised Code or that is received as a | 28756 |
| benefit from the Ohio public safety officers death benefit fund | 28757 |
| created by section 742.62 of the Revised Code. | 28758 |
| (C) "Criminally injurious conduct" means one of the | 28759 |
| following: | 28760 |
| (1) For the purposes of any person described in division | 28761 |
| (A)(1) of this section, any conduct that occurs or is attempted in | 28762 |
| this state; poses a substantial threat of personal injury or | 28763 |
| death; and is punishable by fine, imprisonment, or death, or would | 28764 |
| be so punishable but for the fact that the person engaging in the | 28765 |
| conduct lacked capacity to commit the crime under the laws of this | 28766 |
| state. Criminally injurious conduct does not include conduct | 28767 |
| arising out of the ownership, maintenance, or use of a motor | 28768 |
| vehicle, except when any of the following applies: | 28769 |
| (a) The person engaging in the conduct intended to cause | 28770 |
| personal injury or death; | 28771 |
| (b) The person engaging in the conduct was using the vehicle | 28772 |
| to flee immediately after committing a felony or an act that would | 28773 |
| constitute a felony but for the fact that the person engaging in | 28774 |
| the conduct lacked the capacity to commit the felony under the | 28775 |
| laws of this state; | 28776 |
| (c) The person engaging in the conduct was using the vehicle | 28777 |
| in a manner that constitutes an OVI violation; | 28778 |
| (d) The conduct occurred on or after July 25, 1990, and the | 28779 |
| person engaging in the conduct was using the vehicle in a manner | 28780 |
| that constitutes a violation of section 2903.08 of the Revised | 28781 |
| Code; | 28782 |
| (e) The person engaging in the conduct acted in a manner that | 28783 |
| caused serious physical harm to a person and that constituted a | 28784 |
| violation of section 4549.02 or 4549.021 of the Revised Code. | 28785 |
| (2) For the purposes of any person described in division | 28786 |
| (A)(2) of this section, any conduct that occurs or is attempted in | 28787 |
| another state, district, territory, or foreign country; poses a | 28788 |
| substantial threat of personal injury or death; and is punishable | 28789 |
| by fine, imprisonment, or death, or would be so punishable but for | 28790 |
| the fact that the person engaging in the conduct lacked capacity | 28791 |
| to commit the crime under the laws of the state, district, | 28792 |
| territory, or foreign country in which the conduct occurred or was | 28793 |
| attempted. Criminally injurious conduct does not include conduct | 28794 |
| arising out of the ownership, maintenance, or use of a motor | 28795 |
| vehicle, except when any of the following applies: | 28796 |
| (a) The person engaging in the conduct intended to cause | 28797 |
| personal injury or death; | 28798 |
| (b) The person engaging in the conduct was using the vehicle | 28799 |
| to flee immediately after committing a felony or an act that would | 28800 |
| constitute a felony but for the fact that the person engaging in | 28801 |
| the conduct lacked the capacity to commit the felony under the | 28802 |
| laws of the state, district, territory, or foreign country in | 28803 |
| which the conduct occurred or was attempted; | 28804 |
| (c) The person engaging in the conduct was using the vehicle | 28805 |
| in a manner that constitutes an OVI violation; | 28806 |
| (d) The conduct occurred on or after July 25, 1990, the | 28807 |
| person engaging in the conduct was using the vehicle in a manner | 28808 |
| that constitutes a violation of any law of the state, district, | 28809 |
| territory, or foreign country in which the conduct occurred, and | 28810 |
| that law is substantially similar to a violation of section | 28811 |
| 2903.08 of the Revised Code; | 28812 |
| (e) The person engaging in the conduct acted in a manner that | 28813 |
| caused serious physical harm to a person and that constituted a | 28814 |
| violation of any law of the state, district, territory, or foreign | 28815 |
| country in which the conduct occurred, and that law is | 28816 |
| substantially similar to section 4549.02 or 4549.021 of the | 28817 |
| Revised Code. | 28818 |
| (3) For the purposes of any person described in division | 28819 |
| (A)(1) or (2) of this section, terrorism that occurs within or | 28820 |
| outside the territorial jurisdiction of the United States. | 28821 |
| (D) "Dependent" means an individual wholly or partially | 28822 |
| dependent upon the victim for care and support, and includes a | 28823 |
| child of the victim born after the victim's death. | 28824 |
| (E) "Economic loss" means economic detriment consisting only | 28825 |
| of allowable expense, work loss, funeral expense, unemployment | 28826 |
| benefits loss, replacement services loss, cost of crime scene | 28827 |
| cleanup, and cost of evidence replacement. If criminally injurious | 28828 |
| conduct causes death, economic loss includes a dependent's | 28829 |
| economic loss and a dependent's replacement services loss. | 28830 |
| Noneconomic detriment is not economic loss; however, economic loss | 28831 |
| may be caused by pain and suffering or physical impairment. | 28832 |
| (F)(1) "Allowable expense" means reasonable charges incurred | 28833 |
| for reasonably needed products, services, and accommodations, | 28834 |
| including those for medical care, rehabilitation, rehabilitative | 28835 |
| occupational training, and other remedial treatment and care and | 28836 |
| including replacement costs for eyeglasses and other corrective | 28837 |
| lenses. It does not include that portion of a charge for a room in | 28838 |
| a hospital, clinic, convalescent home, nursing home, or any other | 28839 |
| institution engaged in providing nursing care and related services | 28840 |
| in excess of a reasonable and customary charge for semiprivate | 28841 |
| accommodations, unless accommodations other than semiprivate | 28842 |
| accommodations are medically required. | 28843 |
| (2) An immediate family member of a victim of criminally | 28844 |
| injurious conduct that consists of a homicide, a sexual assault, | 28845 |
| domestic violence, or a severe and permanent incapacitating injury | 28846 |
| resulting in paraplegia or a similar life-altering condition, who | 28847 |
| requires psychiatric care or counseling as a result of the | 28848 |
| criminally injurious conduct, may be reimbursed for that care or | 28849 |
| counseling as an allowable expense through the victim's | 28850 |
| application. The cumulative allowable expense for care or | 28851 |
| counseling of that nature shall not exceed two thousand five | 28852 |
| hundred dollars for each immediate family member of a victim of | 28853 |
| that type and seven thousand five hundred dollars in the aggregate | 28854 |
| for all immediate family members of a victim of that type. | 28855 |
| (3) A family member of a victim who died as a proximate | 28856 |
| result of criminally injurious conduct may be reimbursed as an | 28857 |
| allowable expense through the victim's application for wages lost | 28858 |
| and travel expenses incurred in order to attend criminal justice | 28859 |
| proceedings arising from the criminally injurious conduct. The | 28860 |
| cumulative allowable expense for wages lost and travel expenses | 28861 |
| incurred by a family member to attend criminal justice proceedings | 28862 |
| shall not exceed five hundred dollars for each family member of | 28863 |
| the victim and two thousand dollars in the aggregate for all | 28864 |
| family members of the victim. | 28865 |
| (4) "Allowable expense" includes attorney's fees not | 28866 |
|
exceeding | 28867 |
|
rate not exceeding | 28868 |
| incurred to successfully obtain a restraining order, custody | 28869 |
| order, or other order to physically separate a victim from an | 28870 |
| offender, if the attorney has not received payment under section | 28871 |
| 2743.65 of the Revised Code for assisting a claimant with an | 28872 |
| application for an award of reparations under sections 2743.51 to | 28873 |
| 2743.72 of the Revised Code and provided that, except as otherwise | 28874 |
| provided in this division, the attorney or the attorney's law firm | 28875 |
| may only receive attorney's fees as an allowable expense for the | 28876 |
| services described in this division in an amount that does not | 28877 |
| exceed a cumulative total of thirty thousand dollars in any | 28878 |
| calendar year. The thirty thousand-dollar maximum specified in | 28879 |
| this division does not apply to an attorney who is an employee of | 28880 |
| a legal aid society regarding the services described in this | 28881 |
| division that the attorney performs while so employed and does not | 28882 |
| apply to a legal aid society. Attorney's fees for the services | 28883 |
| described in this division may include an amount for reasonable | 28884 |
| travel time incurred while performing those services, assessed at | 28885 |
| a rate not exceeding thirty dollars per hour. | 28886 |
| (G) "Work loss" means loss of income from work that the | 28887 |
| injured person would have performed if the person had not been | 28888 |
| injured and expenses reasonably incurred by the person to obtain | 28889 |
| services in lieu of those the person would have performed for | 28890 |
| income, reduced by any income from substitute work actually | 28891 |
| performed by the person, or by income the person would have earned | 28892 |
| in available appropriate substitute work that the person was | 28893 |
| capable of performing but unreasonably failed to undertake. | 28894 |
| (H) "Replacement services loss" means expenses reasonably | 28895 |
| incurred in obtaining ordinary and necessary services in lieu of | 28896 |
| those the injured person would have performed, not for income, but | 28897 |
| for the benefit of the person's self or family, if the person had | 28898 |
| not been injured. | 28899 |
| (I) "Dependent's economic loss" means loss after a victim's | 28900 |
| death of contributions of things of economic value to the victim's | 28901 |
| dependents, not including services they would have received from | 28902 |
| the victim if the victim had not suffered the fatal injury, less | 28903 |
| expenses of the dependents avoided by reason of the victim's | 28904 |
| death. If a minor child of a victim is adopted after the victim's | 28905 |
| death, the minor child continues after the adoption to incur a | 28906 |
| dependent's economic loss as a result of the victim's death. If | 28907 |
| the surviving spouse of a victim remarries, the surviving spouse | 28908 |
| continues after the remarriage to incur a dependent's economic | 28909 |
| loss as a result of the victim's death. | 28910 |
| (J) "Dependent's replacement services loss" means loss | 28911 |
| reasonably incurred by dependents after a victim's death in | 28912 |
| obtaining ordinary and necessary services in lieu of those the | 28913 |
| victim would have performed for their benefit if the victim had | 28914 |
| not suffered the fatal injury, less expenses of the dependents | 28915 |
| avoided by reason of the victim's death and not subtracted in | 28916 |
| calculating the dependent's economic loss. If a minor child of a | 28917 |
| victim is adopted after the victim's death, the minor child | 28918 |
| continues after the adoption to incur a dependent's replacement | 28919 |
| services loss as a result of the victim's death. If the surviving | 28920 |
| spouse of a victim remarries, the surviving spouse continues after | 28921 |
| the remarriage to incur a dependent's replacement services loss as | 28922 |
| a result of the victim's death. | 28923 |
| (K) "Noneconomic detriment" means pain, suffering, | 28924 |
| inconvenience, physical impairment, or other nonpecuniary damage. | 28925 |
| (L) "Victim" means a person who suffers personal injury or | 28926 |
| death as a result of any of the following: | 28927 |
| (1) Criminally injurious conduct; | 28928 |
| (2) The good faith effort of any person to prevent criminally | 28929 |
| injurious conduct; | 28930 |
| (3) The good faith effort of any person to apprehend a person | 28931 |
| suspected of engaging in criminally injurious conduct. | 28932 |
| (M) "Contributory misconduct" means any conduct of the | 28933 |
| claimant or of the victim through whom the claimant claims an | 28934 |
| award of reparations that is unlawful or intentionally tortious | 28935 |
| and that, without regard to the conduct's proximity in time or | 28936 |
| space to the criminally injurious conduct, has a causal | 28937 |
| relationship to the criminally injurious conduct that is the basis | 28938 |
| of the claim. | 28939 |
| (N)(1) "Funeral expense" means any reasonable charges that | 28940 |
| are not in excess of seven thousand five hundred dollars per | 28941 |
| funeral and that are incurred for expenses directly related to a | 28942 |
| victim's funeral, cremation, or burial and any wages lost or | 28943 |
| travel expenses incurred by a family member of a victim in order | 28944 |
| to attend the victim's funeral, cremation, or burial. | 28945 |
| (2) An award for funeral expenses shall be applied first to | 28946 |
| expenses directly related to the victim's funeral, cremation, or | 28947 |
| burial. An award for wages lost or travel expenses incurred by a | 28948 |
| family member of the victim shall not exceed five hundred dollars | 28949 |
| for each family member and shall not exceed in the aggregate the | 28950 |
| difference between seven thousand five hundred dollars and | 28951 |
| expenses that are reimbursed by the program and that are directly | 28952 |
| related to the victim's funeral, cremation, or burial. | 28953 |
| (O) "Unemployment benefits loss" means a loss of unemployment | 28954 |
| benefits pursuant to Chapter 4141. of the Revised Code when the | 28955 |
| loss arises solely from the inability of a victim to meet the able | 28956 |
| to work, available for suitable work, or the actively seeking | 28957 |
| suitable work requirements of division (A)(4)(a) of section | 28958 |
| 4141.29 of the Revised Code. | 28959 |
| (P) "OVI violation" means any of the following: | 28960 |
| (1) A violation of section 4511.19 of the Revised Code, of | 28961 |
| any municipal ordinance prohibiting the operation of a vehicle | 28962 |
| while under the influence of alcohol, a drug of abuse, or a | 28963 |
| combination of them, or of any municipal ordinance prohibiting the | 28964 |
| operation of a vehicle with a prohibited concentration of alcohol, | 28965 |
| a controlled substance, or a metabolite of a controlled substance | 28966 |
| in the whole blood, blood serum or plasma, breath, or urine; | 28967 |
| (2) A violation of division (A)(1) of section 2903.06 of the | 28968 |
| Revised Code; | 28969 |
| (3) A violation of division (A)(2), (3), or (4) of section | 28970 |
| 2903.06 of the Revised Code or of a municipal ordinance | 28971 |
| substantially similar to any of those divisions, if the offender | 28972 |
| was under the influence of alcohol, a drug of abuse, or a | 28973 |
| combination of them, at the time of the commission of the offense; | 28974 |
| (4) For purposes of any person described in division (A)(2) | 28975 |
| of this section, a violation of any law of the state, district, | 28976 |
| territory, or foreign country in which the criminally injurious | 28977 |
| conduct occurred, if that law is substantially similar to a | 28978 |
| violation described in division (P)(1) or (2) of this section or | 28979 |
| if that law is substantially similar to a violation described in | 28980 |
| division (P)(3) of this section and the offender was under the | 28981 |
| influence of alcohol, a drug of abuse, or a combination of them, | 28982 |
| at the time of the commission of the offense. | 28983 |
| (Q) "Pendency of the claim" for an original reparations | 28984 |
| application or supplemental reparations application means the | 28985 |
| period of time from the date the criminally injurious conduct upon | 28986 |
| which the application is based occurred until the date a final | 28987 |
| decision, order, or judgment concerning that original reparations | 28988 |
| application or supplemental reparations application is issued. | 28989 |
| (R) "Terrorism" means any activity to which all of the | 28990 |
| following apply: | 28991 |
| (1) The activity involves a violent act or an act that is | 28992 |
| dangerous to human life. | 28993 |
| (2) The act described in division (R)(1) of this section is | 28994 |
| committed within the territorial jurisdiction of the United States | 28995 |
| and is a violation of the criminal laws of the United States, this | 28996 |
| state, or any other state or the act described in division (R)(1) | 28997 |
| of this section is committed outside the territorial jurisdiction | 28998 |
| of the United States and would be a violation of the criminal laws | 28999 |
| of the United States, this state, or any other state if committed | 29000 |
| within the territorial jurisdiction of the United States. | 29001 |
| (3) The activity appears to be intended to do any of the | 29002 |
| following: | 29003 |
| (a) Intimidate or coerce a civilian population; | 29004 |
| (b) Influence the policy of any government by intimidation or | 29005 |
| coercion; | 29006 |
| (c) Affect the conduct of any government by assassination or | 29007 |
| kidnapping. | 29008 |
| (4) The activity occurs primarily outside the territorial | 29009 |
| jurisdiction of the United States or transcends the national | 29010 |
| boundaries of the United States in terms of the means by which the | 29011 |
| activity is accomplished, the person or persons that the activity | 29012 |
| appears intended to intimidate or coerce, or the area or locale in | 29013 |
| which the perpetrator or perpetrators of the activity operate or | 29014 |
| seek asylum. | 29015 |
| (S) "Transcends the national boundaries of the United States" | 29016 |
| means occurring outside the territorial jurisdiction of the United | 29017 |
| States in addition to occurring within the territorial | 29018 |
| jurisdiction of the United States. | 29019 |
| (T) "Cost of crime scene cleanup" means reasonable and | 29020 |
| necessary costs of cleaning the scene and repairing, for the | 29021 |
| purpose of personal security, property damaged at the scene where | 29022 |
| the criminally injurious conduct occurred, not to exceed seven | 29023 |
| hundred fifty dollars in the aggregate per claim. | 29024 |
| (U) "Cost of evidence replacement" means costs for | 29025 |
| replacement of property confiscated for evidentiary purposes | 29026 |
| related to the criminally injurious conduct, not to exceed seven | 29027 |
| hundred fifty dollars in the aggregate per claim. | 29028 |
| (V) "Provider" means any person who provides a victim or | 29029 |
| claimant with a product, service, or accommodations that are an | 29030 |
| allowable expense or a funeral expense. | 29031 |
| (W) "Immediate family member" means an individual who resided | 29032 |
| in the same permanent household as a victim at the time of the | 29033 |
| criminally injurious conduct and who is related to the victim by | 29034 |
| affinity or consanguinity. | 29035 |
| (X) "Family member" means an individual who is related to a | 29036 |
| victim by affinity or consanguinity. | 29037 |
| Sec. 2903.214. (A) As used in this section: | 29038 |
| (1) "Court" means the court of common pleas of the county in | 29039 |
| which the person to be protected by the protection order resides. | 29040 |
| (2) "Victim advocate" means a person who provides support and | 29041 |
| assistance for a person who files a petition under this section. | 29042 |
| (3) "Family or household member" has the same meaning as in | 29043 |
| section 3113.31 of the Revised Code. | 29044 |
| (4) "Protection order issued by a court of another state" has | 29045 |
| the same meaning as in section 2919.27 of the Revised Code. | 29046 |
| (5) "Sexually oriented offense" has the same meaning as in | 29047 |
| section 2950.01 of the Revised Code. | 29048 |
| (6) "Electronic monitoring" has the same meaning as in | 29049 |
| section 2929.01 of the Revised Code. | 29050 |
| (B) The court has jurisdiction over all proceedings under | 29051 |
| this section. | 29052 |
| (C) A person may seek relief under this section for the | 29053 |
| person, or any parent or adult household member may seek relief | 29054 |
| under this section on behalf of any other family or household | 29055 |
| member, by filing a petition with the court. The petition shall | 29056 |
| contain or state all of the following: | 29057 |
| (1) An allegation that the respondent engaged in a violation | 29058 |
| of section 2903.211 of the Revised Code against the person to be | 29059 |
| protected by the protection order or committed a sexually oriented | 29060 |
| offense against the person to be protected by the protection | 29061 |
| order, including a description of the nature and extent of the | 29062 |
| violation; | 29063 |
| (2) If the petitioner seeks relief in the form of electronic | 29064 |
| monitoring of the respondent, an allegation that at any time | 29065 |
| preceding the filing of the petition the respondent engaged in | 29066 |
| conduct that would cause a reasonable person to believe that the | 29067 |
| health, welfare, or safety of the person to be protected was at | 29068 |
| risk, a description of the nature and extent of that conduct, and | 29069 |
| an allegation that the respondent presents a continuing danger to | 29070 |
| the person to be protected; | 29071 |
| (3) A request for relief under this section. | 29072 |
| (D)(1) If a person who files a petition pursuant to this | 29073 |
| section requests an ex parte order, the court shall hold an ex | 29074 |
| parte hearing as soon as possible after the petition is filed, but | 29075 |
| not later than the next day that the court is in session after the | 29076 |
| petition is filed. The court, for good cause shown at the ex | 29077 |
| parte hearing, may enter any temporary orders, with or without | 29078 |
| bond, that the court finds necessary for the safety and protection | 29079 |
| of the person to be protected by the order. Immediate and present | 29080 |
| danger to the person to be protected by the protection order | 29081 |
| constitutes good cause for purposes of this section. Immediate and | 29082 |
| present danger includes, but is not limited to, situations in | 29083 |
| which the respondent has threatened the person to be protected by | 29084 |
| the protection order with bodily harm or in which the respondent | 29085 |
| previously has been convicted of or pleaded guilty to a violation | 29086 |
| of section 2903.211 of the Revised Code or a sexually oriented | 29087 |
| offense against the person to be protected by the protection | 29088 |
| order. | 29089 |
| (2)(a) If the court, after an ex parte hearing, issues a | 29090 |
| protection order described in division (E) of this section, the | 29091 |
| court shall schedule a full hearing for a date that is within ten | 29092 |
| court days after the ex parte hearing. The court shall give the | 29093 |
| respondent notice of, and an opportunity to be heard at, the full | 29094 |
| hearing. The court shall hold the full hearing on the date | 29095 |
| scheduled under this division unless the court grants a | 29096 |
| continuance of the hearing in accordance with this division. Under | 29097 |
| any of the following circumstances or for any of the following | 29098 |
| reasons, the court may grant a continuance of the full hearing to | 29099 |
| a reasonable time determined by the court: | 29100 |
| (i) Prior to the date scheduled for the full hearing under | 29101 |
| this division, the respondent has not been served with the | 29102 |
| petition filed pursuant to this section and notice of the full | 29103 |
| hearing. | 29104 |
| (ii) The parties consent to the continuance. | 29105 |
| (iii) The continuance is needed to allow a party to obtain | 29106 |
| counsel. | 29107 |
| (iv) The continuance is needed for other good cause. | 29108 |
| (b) An ex parte order issued under this section does not | 29109 |
| expire because of a failure to serve notice of the full hearing | 29110 |
| upon the respondent before the date set for the full hearing under | 29111 |
| division (D)(2)(a) of this section or because the court grants a | 29112 |
| continuance under that division. | 29113 |
| (3) If a person who files a petition pursuant to this section | 29114 |
| does not request an ex parte order, or if a person requests an ex | 29115 |
| parte order but the court does not issue an ex parte order after | 29116 |
| an ex parte hearing, the court shall proceed as in a normal civil | 29117 |
| action and grant a full hearing on the matter. | 29118 |
| (E)(1)(a) After an ex parte or full hearing, the court may | 29119 |
| issue any protection order, with or without bond, that contains | 29120 |
| terms designed to ensure the safety and protection of the person | 29121 |
| to be protected by the protection order, including, but not | 29122 |
| limited to, a requirement that the respondent refrain from | 29123 |
| entering the residence, school, business, or place of employment | 29124 |
| of the petitioner or family or household member. If the court | 29125 |
| includes a requirement that the respondent refrain from entering | 29126 |
| the residence, school, business, or place of employment of the | 29127 |
| petitioner or family or household member in the order, it also | 29128 |
| shall include in the order provisions of the type described in | 29129 |
| division (E)(5) of this section. | 29130 |
| (b) After a full hearing, if the court considering a petition | 29131 |
| that includes an allegation of the type described in division | 29132 |
| (C)(2) of this section, or the court upon its own motion, finds | 29133 |
| upon clear and convincing evidence that the petitioner reasonably | 29134 |
| believed that the respondent's conduct at any time preceding the | 29135 |
| filing of the petition endangered the health, welfare, or safety | 29136 |
| of the person to be protected and that the respondent presents a | 29137 |
| continuing danger to the person to be protected, the court may | 29138 |
| order that the respondent be electronically monitored for a period | 29139 |
| of time and under the terms and conditions that the court | 29140 |
| determines are appropriate. Electronic monitoring shall be in | 29141 |
| addition to any other relief granted to the petitioner. | 29142 |
| (2)(a) Any protection order issued pursuant to this section | 29143 |
| shall be valid until a date certain but not later than five years | 29144 |
| from the date of its issuance. | 29145 |
| (b) Any protection order issued pursuant to this section may | 29146 |
| be renewed in the same manner as the original order was issued. | 29147 |
| (3) A court may not issue a protection order that requires a | 29148 |
| petitioner to do or to refrain from doing an act that the court | 29149 |
| may require a respondent to do or to refrain from doing under | 29150 |
| division (E)(1) of this section unless all of the following apply: | 29151 |
| (a) The respondent files a separate petition for a protection | 29152 |
| order in accordance with this section. | 29153 |
| (b) The petitioner is served with notice of the respondent's | 29154 |
| petition at least forty-eight hours before the court holds a | 29155 |
| hearing with respect to the respondent's petition, or the | 29156 |
| petitioner waives the right to receive this notice. | 29157 |
| (c) If the petitioner has requested an ex parte order | 29158 |
| pursuant to division (D) of this section, the court does not delay | 29159 |
| any hearing required by that division beyond the time specified in | 29160 |
| that division in order to consolidate the hearing with a hearing | 29161 |
| on the petition filed by the respondent. | 29162 |
| (d) After a full hearing at which the respondent presents | 29163 |
| evidence in support of the request for a protection order and the | 29164 |
| petitioner is afforded an opportunity to defend against that | 29165 |
| evidence, the court determines that the petitioner has committed a | 29166 |
| violation of section 2903.211 of the Revised Code against the | 29167 |
| person to be protected by the protection order issued pursuant to | 29168 |
| this section, has committed a sexually oriented offense against | 29169 |
| the person to be protected by the protection order, or has | 29170 |
| violated a protection order issued pursuant to section 2903.213 of | 29171 |
| the Revised Code relative to the person to be protected by the | 29172 |
| protection order issued pursuant to this section. | 29173 |
| (4) No protection order issued pursuant to this section shall | 29174 |
| in any manner affect title to any real property. | 29175 |
| (5)(a) If the court issues a protection order under this | 29176 |
| section that includes a requirement that the alleged offender | 29177 |
| refrain from entering the residence, school, business, or place of | 29178 |
| employment of the petitioner or a family or household member, the | 29179 |
| order shall clearly state that the order cannot be waived or | 29180 |
| nullified by an invitation to the alleged offender from the | 29181 |
| complainant to enter the residence, school, business, or place of | 29182 |
| employment or by the alleged offender's entry into one of those | 29183 |
| places otherwise upon the consent of the petitioner or family or | 29184 |
| household member. | 29185 |
| (b) Division (E)(5)(a) of this section does not limit any | 29186 |
| discretion of a court to determine that an alleged offender | 29187 |
| charged with a violation of section 2919.27 of the Revised Code, | 29188 |
| with a violation of a municipal ordinance substantially equivalent | 29189 |
| to that section, or with contempt of court, which charge is based | 29190 |
| on an alleged violation of a protection order issued under this | 29191 |
| section, did not commit the violation or was not in contempt of | 29192 |
| court. | 29193 |
| (F)(1) The court shall cause the delivery of a copy of any | 29194 |
| protection order that is issued under this section to the | 29195 |
| petitioner, to the respondent, and to all law enforcement agencies | 29196 |
| that have jurisdiction to enforce the order. The court shall | 29197 |
| direct that a copy of the order be delivered to the respondent on | 29198 |
| the same day that the order is entered. | 29199 |
| (2) Upon the issuance of a protection order under this | 29200 |
| section, the court shall provide the parties to the order with the | 29201 |
| following notice orally or by form: | 29202 |
| 29203 | |
| As a result of this order, it may be unlawful for you to | 29204 |
| possess or purchase a firearm, including a rifle, pistol, or | 29205 |
| revolver, or ammunition pursuant to federal law under 18 U.S.C. | 29206 |
| 922(g)(8). If you have any questions whether this law makes it | 29207 |
| illegal for you to possess or purchase a firearm or ammunition, | 29208 |
| you should consult an attorney." | 29209 |
| (3) All law enforcement agencies shall establish and maintain | 29210 |
| an index for the protection orders delivered to the agencies | 29211 |
| pursuant to division (F)(1) of this section. With respect to each | 29212 |
| order delivered, each agency shall note on the index the date and | 29213 |
| time that it received the order. | 29214 |
| (4) Regardless of whether the petitioner has registered the | 29215 |
| protection order in the county in which the officer's agency has | 29216 |
| jurisdiction pursuant to division (M) of this section, any | 29217 |
| officer of a law enforcement agency shall enforce a protection | 29218 |
| order issued pursuant to this section by any court in this state | 29219 |
| in accordance with the provisions of the order, including removing | 29220 |
| the respondent from the premises, if appropriate. | 29221 |
| (G) Any proceeding under this section shall be conducted in | 29222 |
| accordance with the Rules of Civil Procedure, except that a | 29223 |
| protection order may be obtained under this section with or | 29224 |
| without bond. An order issued under this section, other than an | 29225 |
| ex parte order, that grants a protection order, or that refuses to | 29226 |
| grant a protection order, is a final, appealable order. The | 29227 |
| remedies and procedures provided in this section are in addition | 29228 |
| to, and not in lieu of, any other available civil or criminal | 29229 |
| remedies. | 29230 |
| (H) The filing of proceedings under this section does not | 29231 |
| excuse a person from filing any report or giving any notice | 29232 |
| required by section 2151.421 of the Revised Code or by any other | 29233 |
| law. | 29234 |
| (I) Any law enforcement agency that investigates an alleged | 29235 |
| violation of section 2903.211 of the Revised Code or an alleged | 29236 |
| commission of a sexually oriented offense shall provide | 29237 |
| information to the victim and the family or household members of | 29238 |
| the victim regarding the relief available under this section and | 29239 |
| section 2903.213 of the Revised Code. | 29240 |
| (J) Notwithstanding any provision of law to the contrary and | 29241 |
| regardless of whether a protection order is issued or a consent | 29242 |
| agreement is approved by a court of another county or by a court | 29243 |
| of another state, no court or unit of state or local government | 29244 |
| shall charge any fee, cost, deposit, or money in connection with | 29245 |
| the filing of a petition pursuant to this section, in connection | 29246 |
| with the filing, issuance, registration, or service of a | 29247 |
| protection order or consent agreement, or for obtaining a | 29248 |
| certified copy of a protection order or consent agreement. | 29249 |
| (K)(1) A person who violates a protection order issued under | 29250 |
| this section is subject to the following sanctions: | 29251 |
| (a) Criminal prosecution for a violation of section 2919.27 | 29252 |
| of the Revised Code, if the violation of the protection order | 29253 |
| constitutes a violation of that section; | 29254 |
| (b) Punishment for contempt of court. | 29255 |
| (2) The punishment of a person for contempt of court for | 29256 |
| violation of a protection order issued under this section does not | 29257 |
| bar criminal prosecution of the person for a violation of section | 29258 |
| 2919.27 of the Revised Code. However, a person punished for | 29259 |
| contempt of court is entitled to credit for the punishment imposed | 29260 |
| upon conviction of a violation of that section, and a person | 29261 |
| convicted of a violation of that section shall not subsequently be | 29262 |
| punished for contempt of court arising out of the same activity. | 29263 |
| (L) In all stages of a proceeding under this section, a | 29264 |
| petitioner may be accompanied by a victim advocate. | 29265 |
| (M)(1) A petitioner who obtains a protection order under this | 29266 |
| section or a protection order under section 2903.213 of the | 29267 |
| Revised Code may provide notice of the issuance or approval of the | 29268 |
| order to the judicial and law enforcement officials in any county | 29269 |
| other than the county in which the order is issued by registering | 29270 |
| that order in the other county pursuant to division (M)(2) of this | 29271 |
| section and filing a copy of the registered order with a law | 29272 |
| enforcement agency in the other county in accordance with that | 29273 |
| division. A person who obtains a protection order issued by a | 29274 |
| court of another state may provide notice of the issuance of the | 29275 |
| order to the judicial and law enforcement officials in any county | 29276 |
| of this state by registering the order in that county pursuant to | 29277 |
| section 2919.272 of the Revised Code and filing a copy of the | 29278 |
| registered order with a law enforcement agency in that county. | 29279 |
| (2) A petitioner may register a protection order issued | 29280 |
| pursuant to this section or section 2903.213 of the Revised Code | 29281 |
| in a county other than the county in which the court that issued | 29282 |
| the order is located in the following manner: | 29283 |
| (a) The petitioner shall obtain a certified copy of the order | 29284 |
| from the clerk of the court that issued the order and present that | 29285 |
| certified copy to the clerk of the court of common pleas or the | 29286 |
| clerk of a municipal court or county court in the county in which | 29287 |
| the order is to be registered. | 29288 |
| (b) Upon accepting the certified copy of the order for | 29289 |
| registration, the clerk of the court of common pleas, municipal | 29290 |
| court, or county court shall place an endorsement of registration | 29291 |
| on the order and give the petitioner a copy of the order that | 29292 |
| bears that proof of registration. | 29293 |
| (3) The clerk of each court of common pleas, municipal | 29294 |
| court, or county court shall maintain a registry of certified | 29295 |
| copies of protection orders that have been issued by courts in | 29296 |
| other counties pursuant to this section or section 2903.213 of | 29297 |
| the Revised Code and that have been registered with the clerk. | 29298 |
| (N) If the court orders electronic monitoring of the | 29299 |
| respondent under this section, the court shall direct the | 29300 |
| sheriff's office or any other appropriate law enforcement agency | 29301 |
| to install the electronic monitoring device and to monitor the | 29302 |
| respondent. Unless the court determines that the respondent is | 29303 |
| indigent, the court shall order the respondent to pay the cost of | 29304 |
| the installation and monitoring of the electronic monitoring | 29305 |
| device. If the court determines that the respondent is indigent, | 29306 |
| the cost of the installation and monitoring of the electronic | 29307 |
|
monitoring device | 29308 |
| reparations fund created pursuant to section 2743.191 of the | 29309 |
| Revised Code. The total amount of costs for the installation and | 29310 |
| monitoring of electronic monitoring devices paid pursuant to this | 29311 |
| division from the reparations fund shall not exceed three hundred | 29312 |
| thousand dollars per year. The attorney general may promulgate | 29313 |
| rules pursuant to section 111.15 of the Revised Code to govern | 29314 |
| payments made from the reparations fund pursuant to this division. | 29315 |
| The rules may include reasonable limits on the total cost paid | 29316 |
| pursuant to this division per respondent, the amount of the three | 29317 |
| hundred thousand dollars allocated to each county, and how | 29318 |
| invoices may be submitted by a county, court, or other entity. | 29319 |
| Sec. 2903.33. As used in sections 2903.33 to 2903.36 of the | 29320 |
| Revised Code: | 29321 |
| (A) "Care facility" means any of the following: | 29322 |
| (1) Any "home" as defined in section 3721.10 or 5111.20 of | 29323 |
| the Revised Code; | 29324 |
| (2) Any "residential facility" as defined in section 5123.19 | 29325 |
| of the Revised Code; | 29326 |
| (3) Any institution or facility operated or provided by the | 29327 |
| department of mental health or by the department of mental | 29328 |
| retardation and developmental disabilities pursuant to sections | 29329 |
| 5119.02 and 5123.03 of the Revised Code; | 29330 |
| (4) Any "residential facility" as defined in section 5119.22 | 29331 |
| of the Revised Code; | 29332 |
| (5) Any unit of any hospital, as defined in section 3701.01 | 29333 |
| of the Revised Code, that provides the same services as a nursing | 29334 |
| home, as defined in section 3721.01 of the Revised Code; | 29335 |
| (6) Any institution, residence, or facility that provides, | 29336 |
| for a period of more than twenty-four hours, whether for a | 29337 |
| consideration or not, accommodations to one individual or two | 29338 |
| unrelated individuals who are dependent upon the services of | 29339 |
| others; | 29340 |
| (7) Any "adult care facility" as defined in section 3722.01 | 29341 |
| of the Revised Code; | 29342 |
| (8) Any adult foster home certified by the department of | 29343 |
|
aging or its designee under section 173.36 of the Revised Code | 29344 |
| | 29345 |
| 29346 |
| (B) "Abuse" means knowingly causing physical harm or | 29347 |
| recklessly causing serious physical harm to a person by physical | 29348 |
| contact with the person or by the inappropriate use of a physical | 29349 |
| or chemical restraint, medication, or isolation on the person. | 29350 |
| (C)(1) "Gross neglect" means knowingly failing to provide a | 29351 |
| person with any treatment, care, goods, or service that is | 29352 |
| necessary to maintain the health or safety of the person when the | 29353 |
| failure results in physical harm or serious physical harm to the | 29354 |
| person. | 29355 |
| (2) "Neglect" means recklessly failing to provide a person | 29356 |
| with any treatment, care, goods, or service that is necessary to | 29357 |
| maintain the health or safety of the person when the failure | 29358 |
| results in serious physical harm to the person. | 29359 |
| (D) "Inappropriate use of a physical or chemical restraint, | 29360 |
| medication, or isolation" means the use of physical or chemical | 29361 |
| restraint, medication, or isolation as punishment, for staff | 29362 |
| convenience, excessively, as a substitute for treatment, or in | 29363 |
| quantities that preclude habilitation and treatment. | 29364 |
| Sec. 2907.27. (A)(1) If a person is charged with a violation | 29365 |
| of section 2907.02, 2907.03, 2907.04, 2907.24, 2907.241, or | 29366 |
| 2907.25 of the Revised Code or with a violation of a municipal | 29367 |
| ordinance that is substantially equivalent to any of those | 29368 |
| sections, the arresting authorities or a court, upon the request | 29369 |
| of the prosecutor in the case or upon the request of the victim, | 29370 |
| shall cause the accused to submit to one or more appropriate tests | 29371 |
| to determine if the accused is suffering from a venereal disease. | 29372 |
| (2) If the accused is found to be suffering from a venereal | 29373 |
| disease in an infectious stage, the accused shall be required to | 29374 |
| submit to medical treatment for that disease. The cost of the | 29375 |
| medical treatment shall be charged to and paid by the accused who | 29376 |
| undergoes the treatment. If the accused is indigent, the court | 29377 |
| shall order the accused to report to a facility operated by a city | 29378 |
| health district or a general health district for treatment. If the | 29379 |
| accused is convicted of or pleads guilty to the offense with which | 29380 |
| the accused is charged and is placed under a community control | 29381 |
| sanction, a condition of community control shall be that the | 29382 |
| offender submit to and faithfully follow a course of medical | 29383 |
| treatment for the venereal disease. If the offender does not seek | 29384 |
| the required medical treatment, the court may revoke the | 29385 |
| offender's community control and order the offender to undergo | 29386 |
| medical treatment during the period of the offender's | 29387 |
| incarceration and to pay the cost of that treatment. | 29388 |
| (B)(1)(a) | 29389 |
| 29390 | |
| charged with a violation of division (B) of section 2903.11 or of | 29391 |
| section 2907.02, 2907.03, 2907.04, 2907.05, 2907.12, 2907.24, | 29392 |
| 2907.241, or 2907.25 of the Revised Code or with a violation of a | 29393 |
| municipal ordinance that is substantially equivalent to that | 29394 |
| division or any of those sections, the court, upon the request of | 29395 |
| the prosecutor in the case, upon the request of the victim, or | 29396 |
| upon the request of any other person whom the court reasonably | 29397 |
| believes had contact with the accused in circumstances related to | 29398 |
| the violation that could have resulted in the transmission to that | 29399 |
|
person | 29400 |
| the human immunodeficiency virus, shall cause the accused to | 29401 |
| submit to one or more tests designated by the director of health | 29402 |
| under section 3701.241 of the Revised Code to determine if the | 29403 |
|
accused is | 29404 |
| 29405 | |
| request of the prosecutor in the case, upon the request of the | 29406 |
| victim with the agreement of the prosecutor, or upon the request | 29407 |
| of any other person with the agreement of the prosecutor, may | 29408 |
| cause an accused who is charged with a violation of any other | 29409 |
| section of the Revised Code or with a violation of any other | 29410 |
| municipal ordinance to submit to one or more tests so designated | 29411 |
| by the director of health if the circumstances of the violation | 29412 |
| indicate probable cause to believe that the accused, if the | 29413 |
|
accused is infected with
| 29414 |
| 29415 | |
| HIV to any of the following persons in committing the violation: | 29416 |
| (i) In relation to a request made by the prosecuting | 29417 |
| attorney, to the victim or to any other person; | 29418 |
| (ii) In relation to a request made by the victim, to the | 29419 |
| victim making the request; | 29420 |
| (iii) In relation to a request made by any other person, to | 29421 |
| the person making the request. | 29422 |
| (b) The results of a test performed under division (B)(1)(a) | 29423 |
| of this section shall be communicated in confidence to the court, | 29424 |
| and the court shall inform the accused of the result. The court | 29425 |
| shall inform the victim that the test was performed and that the | 29426 |
| victim has a right to receive the results on request. If the test | 29427 |
| was performed upon the request of a person other than the | 29428 |
| prosecutor in the case and other than the victim, the court shall | 29429 |
| inform the person who made the request that the test was performed | 29430 |
| and that the person has a right to receive the results upon | 29431 |
| request. Additionally, regardless of who made the request that was | 29432 |
| the basis of the test being performed, if the court reasonably | 29433 |
| believes that, in circumstances related to the violation, a person | 29434 |
| other than the victim had contact with the accused that could have | 29435 |
|
resulted in
the transmission of | 29436 |
| court may inform that person that the test was performed and that | 29437 |
| the person has a right to receive the results of the test on | 29438 |
|
request. If the accused tests positive for | 29439 |
| 29440 | |
| reported to the department of health in accordance with section | 29441 |
| 3701.24 of the Revised Code and to the sheriff, head of the state | 29442 |
| correctional institution, or other person in charge of any jail or | 29443 |
| prison in which the accused is incarcerated. If the accused tests | 29444 |
|
positive for
| 29445 |
| 29446 | |
| of or pleaded guilty to, a violation of section 2907.24, 2907.241, | 29447 |
| or 2907.25 of the Revised Code or a violation of a municipal | 29448 |
| ordinance that is substantially equivalent to any of those | 29449 |
| sections, the test results also shall be reported to the law | 29450 |
| enforcement agency that arrested the accused, and the law | 29451 |
| enforcement agency may use the test results as the basis for any | 29452 |
| future charge of a violation of division (B) of any of those | 29453 |
| sections or a violation of a municipal ordinance that is | 29454 |
| substantially equivalent to division (B) of any of those sections. | 29455 |
| No other disclosure of the test results or the fact that a test | 29456 |
| was performed shall be made, other than as evidence in a grand | 29457 |
| jury proceeding or as evidence in a judicial proceeding in | 29458 |
| accordance with the Rules of Evidence. If the test result is | 29459 |
| negative, and the charge has not been dismissed or if the accused | 29460 |
| has been convicted of the charge or a different offense arising | 29461 |
| out of the same circumstances as the offense charged, the court | 29462 |
| shall order that the test be repeated not earlier than three | 29463 |
| months nor later than six months after the original test. | 29464 |
| (2) If an accused who is free on bond refuses to submit to a | 29465 |
| test ordered by the court pursuant to division (B)(1) of this | 29466 |
| section, the court may order that the accused's bond be revoked | 29467 |
| and that the accused be incarcerated until the test is performed. | 29468 |
| If an accused who is incarcerated refuses to submit to a test | 29469 |
| ordered by the court pursuant to division (B)(1) of this section, | 29470 |
| the court shall order the person in charge of the jail or prison | 29471 |
| in which the accused is incarcerated to take any action necessary | 29472 |
| to facilitate the performance of the test, including the forcible | 29473 |
| restraint of the accused for the purpose of drawing blood to be | 29474 |
| used in the test. | 29475 |
| (3) A state agency, a political subdivision of the state, or | 29476 |
| an employee of a state agency or of a political subdivision of the | 29477 |
| state is immune from liability in a civil action to recover | 29478 |
| damages for injury, death, or loss to person or property allegedly | 29479 |
| caused by any act or omission in connection with the performance | 29480 |
| of the duties required under division (B)(2) of this section | 29481 |
| unless the acts or omissions are with malicious purpose, in bad | 29482 |
| faith, or in a wanton or reckless manner. | 29483 |
| (C) As used in this section | 29484 |
| (1) "Community control sanction" has the same meaning as in | 29485 |
| section 2929.01 of the Revised Code. | 29486 |
| (2) "HIV" means the human immunodeficiency virus. | 29487 |
| Sec. 2911.21. (A) No person, without privilege to do so, | 29488 |
| shall do any of the following: | 29489 |
| (1) Knowingly enter or remain on the land or premises of | 29490 |
| another; | 29491 |
| (2) Knowingly enter or remain on the land or premises of | 29492 |
| another, the use of which is lawfully restricted to certain | 29493 |
| persons, purposes, modes, or hours, when the offender knows the | 29494 |
| offender is in violation of any such restriction or is reckless in | 29495 |
| that regard; | 29496 |
| (3) Recklessly enter or remain on the land or premises of | 29497 |
| another, as to which notice against unauthorized access or | 29498 |
| presence is given by actual communication to the offender, or in a | 29499 |
| manner prescribed by law, or by posting in a manner reasonably | 29500 |
| calculated to come to the attention of potential intruders, or by | 29501 |
| fencing or other enclosure manifestly designed to restrict access; | 29502 |
| (4) Being on the land or premises of another, negligently | 29503 |
| fail or refuse to leave upon being notified by signage posted in a | 29504 |
| conspicuous place or otherwise being notified to do so by the | 29505 |
| owner or occupant, or the agent or servant of either. | 29506 |
| (B) It is no defense to a charge under this section that the | 29507 |
| land or premises involved was owned, controlled, or in custody of | 29508 |
| a public agency. | 29509 |
| (C) It is no defense to a charge under this section that the | 29510 |
| offender was authorized to enter or remain on the land or premises | 29511 |
| involved, when such authorization was secured by deception. | 29512 |
| (D)(1) Whoever violates this section is guilty of criminal | 29513 |
| trespass, a misdemeanor of the fourth degree. | 29514 |
| (2) Notwithstanding section 2929.28 of the Revised Code, if | 29515 |
|
the person, in committing the violation of this section, used
| 29516 |
| a snowmobile, off-highway motorcycle, or all-purpose vehicle, the | 29517 |
| court shall impose a fine of two times the usual amount imposed | 29518 |
| for the violation. | 29519 |
| (3) If an offender previously has been convicted of or | 29520 |
| pleaded guilty to two or more violations of this section or a | 29521 |
| substantially equivalent municipal ordinance, and the offender, in | 29522 |
|
committing each violation, used | 29523 |
| motorcycle, or all-purpose vehicle, the court, in addition to or | 29524 |
| independent of all other penalties imposed for the violation, may | 29525 |
| impound the certificate of registration of that snowmobile or | 29526 |
| off-highway motorcycle or the certificate of registration and | 29527 |
| license plate of that all-purpose vehicle for not less than sixty | 29528 |
| days. In such a case, section 4519.47 of the Revised Code applies. | 29529 |
| (E) Notwithstanding any provision of the Revised Code, if the | 29530 |
| offender, in committing the violation of this section, used an | 29531 |
| all-purpose vehicle, the clerk of the court shall pay the fine | 29532 |
| imposed pursuant to this section to the state recreational vehicle | 29533 |
| fund created by section 4519.11 of the Revised Code. | 29534 |
| (F) As used in this section: | 29535 |
| (1) "All-purpose vehicle," | 29536 |
|
"snowmobile" have the same | 29537 |
| of the Revised Code. | 29538 |
| (2) "Land or premises" includes any land, building, | 29539 |
| structure, or place belonging to, controlled by, or in custody of | 29540 |
| another, and any separate enclosure or room, or portion thereof. | 29541 |
| Sec. 2913.46. (A)(1) As used in this section: | 29542 |
| (a) "Electronically transferred benefit" means the transfer | 29543 |
|
of | 29544 |
| or WIC program benefits through the use of an access device. | 29545 |
| (b) "WIC program benefits" includes money, coupons, delivery | 29546 |
| verification receipts, other documents, food, or other property | 29547 |
| received directly or indirectly pursuant to section 17 of the | 29548 |
| "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.A. 1786, as | 29549 |
| amended. | 29550 |
| (c) "Access device" means any card, plate, code, account | 29551 |
| number, or other means of access that can be used, alone or in | 29552 |
| conjunction with another access device, to obtain payments, | 29553 |
| allotments, benefits, money, goods, or other things of value or | 29554 |
| that can be used to initiate a transfer of funds pursuant to | 29555 |
|
section 5101.33 of the Revised Code and the | 29556 |
|
Nutrition Act of
| 29557 |
| seq.), or any supplemental food program administered by any | 29558 |
| department of this state or any county or local agency pursuant to | 29559 |
| section 17 of the "Child Nutrition Act of 1966," 80 Stat. 885, 42 | 29560 |
| U.S.C.A. 1786, as amended. An "access device" may include any | 29561 |
| electronic debit card or other means authorized by section 5101.33 | 29562 |
| of the Revised Code. | 29563 |
| | 29564 |
| supplemental nutrition assistance program benefits, WIC program | 29565 |
| benefits, and electronically transferred benefits involved in the | 29566 |
|
violation" means the
total face value of any | 29567 |
| supplemental nutrition assistance program benefits, plus the total | 29568 |
| face value of WIC program coupons or delivery verification | 29569 |
| receipts, plus the total value of other WIC program benefits, plus | 29570 |
| the total value of any electronically transferred benefit or other | 29571 |
| access device, involved in the violation. | 29572 |
| | 29573 |
| or other access device" means the total value of the payments, | 29574 |
| allotments, benefits, money, goods, or other things of value that | 29575 |
| may be obtained, or the total value of funds that may be | 29576 |
| transferred, by use of any electronically transferred benefit or | 29577 |
| other access device at the time of violation. | 29578 |
| (2) If | 29579 |
| program benefits, WIC program benefits, or electronically | 29580 |
| transferred benefits or other access devices of various values are | 29581 |
| used, transferred, bought, acquired, altered, purchased, | 29582 |
| possessed, presented for redemption, or transported in violation | 29583 |
| of this section over a period of twelve months, the course of | 29584 |
|
conduct may be charged as one offense and the values of | 29585 |
| 29586 | |
| program benefits, or any electronically transferred benefits or | 29587 |
| other access devices may be aggregated in determining the degree | 29588 |
| of the offense. | 29589 |
| (B) No individual shall knowingly possess, buy, sell, use, | 29590 |
|
alter, accept, or transfer | 29591 |
| nutrition assistance program benefits, WIC program benefits, or | 29592 |
| any electronically transferred benefit in any manner not | 29593 |
|
authorized by the | 29594 |
| 29595 | |
|
the
"Child
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. | 29596 |
| as amended. | 29597 |
| (C) No organization, as defined in division (D) of section | 29598 |
| 2901.23 of the Revised Code, shall do either of the following: | 29599 |
| (1) Knowingly allow an employee or agent to sell, transfer, | 29600 |
| or trade items or services, the purchase of which is prohibited by | 29601 |
|
the | 29602 |
|
U.S.C. | 29603 |
|
Nutrition Act of
1966," 80 Stat. 885, 42 U.S.C. | 29604 |
|
amended, in exchange for
| 29605 |
| assistance program benefits, WIC program benefits, or any | 29606 |
| electronically transferred benefit; | 29607 |
| (2) Negligently allow an employee or agent to sell, transfer, | 29608 |
|
or
exchange | 29609 |
| program benefits, WIC program benefits, or any electronically | 29610 |
| transferred benefit for anything of value. | 29611 |
| (D) Whoever violates this section is guilty of illegal use of | 29612 |
| 29613 | |
| WIC program benefits. Except as otherwise provided in this | 29614 |
|
division, illegal use of | 29615 |
| assistance program benefits or WIC program benefits is a felony of | 29616 |
|
the fifth degree. If the aggregate value of the | 29617 |
| supplemental nutrition assistance program benefits, WIC program | 29618 |
| benefits, and electronically transferred benefits involved in the | 29619 |
| violation is five hundred dollars or more and is less than five | 29620 |
|
thousand dollars, illegal use of | 29621 |
| nutrition assistance program benefits or WIC program benefits is | 29622 |
| a felony of the fourth degree. If the aggregate value of the | 29623 |
| 29624 | |
| benefits, WIC program benefits, and electronically transferred | 29625 |
| benefits involved in the violation is five thousand dollars or | 29626 |
| more and is less than one hundred thousand dollars, illegal use | 29627 |
|
of
| 29628 |
| benefits or WIC program benefits is a felony of the third | 29629 |
|
degree.
If the
aggregate
value
of the
| 29630 |
| supplemental nutrition assistance program benefits, WIC program | 29631 |
| benefits, and electronically transferred benefits involved in | 29632 |
| the violation is one hundred thousand dollars or more, illegal | 29633 |
|
use
of
| 29634 |
| benefits or WIC program benefits is a felony of the second | 29635 |
| degree. | 29636 |
| Sec. 2921.13. (A) No person shall knowingly make a false | 29637 |
| statement, or knowingly swear or affirm the truth of a false | 29638 |
| statement previously made, when any of the following applies: | 29639 |
| (1) The statement is made in any official proceeding. | 29640 |
| (2) The statement is made with purpose to incriminate | 29641 |
| another. | 29642 |
| (3) The statement is made with purpose to mislead a public | 29643 |
| official in performing the public official's official function. | 29644 |
| (4) The statement is made with purpose to secure the payment | 29645 |
| of unemployment compensation; Ohio works first; prevention, | 29646 |
| retention, and contingency benefits and services; disability | 29647 |
| financial assistance; retirement benefits; economic development | 29648 |
| assistance, as defined in section 9.66 of the Revised Code; or | 29649 |
| other benefits administered by a governmental agency or paid out | 29650 |
| of a public treasury. | 29651 |
| (5) The statement is made with purpose to secure the issuance | 29652 |
| by a governmental agency of a license, permit, authorization, | 29653 |
| certificate, registration, release, or provider agreement. | 29654 |
| (6) The statement is sworn or affirmed before a notary public | 29655 |
| or another person empowered to administer oaths. | 29656 |
| (7) The statement is in writing on or in connection with a | 29657 |
| report or return that is required or authorized by law. | 29658 |
| (8) The statement is in writing and is made with purpose to | 29659 |
| induce another to extend credit to or employ the offender, to | 29660 |
| confer any degree, diploma, certificate of attainment, award of | 29661 |
| excellence, or honor on the offender, or to extend to or bestow | 29662 |
| upon the offender any other valuable benefit or distinction, when | 29663 |
| the person to whom the statement is directed relies upon it to | 29664 |
| that person's detriment. | 29665 |
| (9) The statement is made with purpose to commit or | 29666 |
| facilitate the commission of a theft offense. | 29667 |
| (10) The statement is knowingly made to a probate court in | 29668 |
| connection with any action, proceeding, or other matter within its | 29669 |
| jurisdiction, either orally or in a written document, including, | 29670 |
| but not limited to, an application, petition, complaint, or other | 29671 |
| pleading, or an inventory, account, or report. | 29672 |
| (11) The statement is made on an account, form, record, | 29673 |
| stamp, label, or other writing that is required by law. | 29674 |
| (12) The statement is made in connection with the purchase of | 29675 |
| a firearm, as defined in section 2923.11 of the Revised Code, and | 29676 |
| in conjunction with the furnishing to the seller of the firearm of | 29677 |
| a fictitious or altered driver's or commercial driver's license or | 29678 |
| permit, a fictitious or altered identification card, or any other | 29679 |
| document that contains false information about the purchaser's | 29680 |
| identity. | 29681 |
| (13) The statement is made in a document or instrument of | 29682 |
| writing that purports to be a judgment, lien, or claim of | 29683 |
| indebtedness and is filed or recorded with the secretary of state, | 29684 |
| a county recorder, or the clerk of a court of record. | 29685 |
| (14) | 29686 |
| 29687 | |
| 29688 | |
| 29689 |
| | 29690 |
| county sheriff pursuant to section 2923.125 of the Revised Code in | 29691 |
| order to obtain or renew a license to carry a concealed handgun or | 29692 |
| is made in an affidavit submitted to a county sheriff to obtain a | 29693 |
| temporary emergency license to carry a concealed handgun under | 29694 |
| section 2923.1213 of the Revised Code. | 29695 |
| | 29696 |
| the Revised Code in connection with the person's purchase of | 29697 |
| cigarettes or tobacco products in a delivery sale. | 29698 |
| (B) No person, in connection with the purchase of a firearm, | 29699 |
| as defined in section 2923.11 of the Revised Code, shall knowingly | 29700 |
| furnish to the seller of the firearm a fictitious or altered | 29701 |
| driver's or commercial driver's license or permit, a fictitious or | 29702 |
| altered identification card, or any other document that contains | 29703 |
| false information about the purchaser's identity. | 29704 |
| (C) No person, in an attempt to obtain a license to carry a | 29705 |
| concealed handgun under section 2923.125 of the Revised Code, | 29706 |
| shall knowingly present to a sheriff a fictitious or altered | 29707 |
| document that purports to be certification of the person's | 29708 |
| competence in handling a handgun as described in division (B)(3) | 29709 |
| of section 2923.125 of the Revised Code. | 29710 |
| (D) It is no defense to a charge under division (A)(6) of | 29711 |
| this section that the oath or affirmation was administered or | 29712 |
| taken in an irregular manner. | 29713 |
| (E) If contradictory statements relating to the same fact are | 29714 |
| made by the offender within the period of the statute of | 29715 |
| limitations for falsification, it is not necessary for the | 29716 |
| prosecution to prove which statement was false but only that one | 29717 |
| or the other was false. | 29718 |
| (F)(1) Whoever violates division (A)(1), (2), (3), (4), (5), | 29719 |
|
(6), (7), (8), (10), (11), (13), | 29720 |
| is guilty of falsification, a misdemeanor of the first degree. | 29721 |
| (2) Whoever violates division (A)(9) of this section is | 29722 |
| guilty of falsification in a theft offense. Except as otherwise | 29723 |
| provided in this division, falsification in a theft offense is a | 29724 |
| misdemeanor of the first degree. If the value of the property or | 29725 |
| services stolen is five hundred dollars or more and is less than | 29726 |
| five thousand dollars, falsification in a theft offense is a | 29727 |
| felony of the fifth degree. If the value of the property or | 29728 |
| services stolen is five thousand dollars or more and is less than | 29729 |
| one hundred thousand dollars, falsification in a theft offense is | 29730 |
| a felony of the fourth degree. If the value of the property or | 29731 |
| services stolen is one hundred thousand dollars or more, | 29732 |
| falsification in a theft offense is a felony of the third degree. | 29733 |
| (3) Whoever violates division (A)(12) or (B) of this section | 29734 |
| is guilty of falsification to purchase a firearm, a felony of the | 29735 |
| fifth degree. | 29736 |
| (4) Whoever violates division (A) | 29737 |
| section is guilty of falsification to obtain a concealed handgun | 29738 |
| license, a felony of the fourth degree. | 29739 |
| (G) A person who violates this section is liable in a civil | 29740 |
| action to any person harmed by the violation for injury, death, or | 29741 |
| loss to person or property incurred as a result of the commission | 29742 |
| of the offense and for reasonable attorney's fees, court costs, | 29743 |
| and other expenses incurred as a result of prosecuting the civil | 29744 |
| action commenced under this division. A civil action under this | 29745 |
| division is not the exclusive remedy of a person who incurs | 29746 |
| injury, death, or loss to person or property as a result of a | 29747 |
| violation of this section. | 29748 |
| Sec. 2921.51. (A) As used in this section: | 29749 |
| (1) "Peace officer" means a sheriff, deputy sheriff, marshal, | 29750 |
| deputy marshal, member of the organized police department of a | 29751 |
| municipal corporation, or township constable, who is employed by a | 29752 |
|
political subdivision of this state | 29753 |
| employed by a metropolitan housing authority under division (D) of | 29754 |
|
section 3735.31 of the Revised Code | 29755 |
| employed by a regional transit authority under division (Y) of | 29756 |
|
section 306.35 of the Revised Code | 29757 |
| enforcement officer appointed under section 3345.04 of the Revised | 29758 |
|
Code | 29759 |
|
5907.02 of the Revised Code | 29760 |
| a port authority under section 4582.04 or 4582.28 of the Revised | 29761 |
|
Code | 29762 |
| agencies, instrumentalities, or political subdivisions, upon whom, | 29763 |
| by statute, a duty to conserve the peace or to enforce all or | 29764 |
| certain laws is imposed and the authority to arrest violators is | 29765 |
| conferred, within limits of that statutory duty and authority; or | 29766 |
|
a state
highway patrol trooper | 29767 |
| preserve the peace, to protect life and property, and to enforce | 29768 |
| the laws, ordinances, or rules of the state or any of its | 29769 |
| political subdivisions. | 29770 |
| (2) "Private police officer" means any security guard, | 29771 |
| special police officer, private detective, or other person who is | 29772 |
| privately employed in a police capacity. | 29773 |
| (3) "Federal law enforcement officer" means an employee of | 29774 |
| the United States who serves in a position the duties of which are | 29775 |
| primarily the investigation, apprehension, or detention of | 29776 |
| individuals suspected or convicted of offenses under the criminal | 29777 |
| laws of the United States. | 29778 |
| (4) "Impersonate" means to act the part of, assume the | 29779 |
| identity of, wear the uniform or any part of the uniform of, or | 29780 |
| display the identification of a particular person or of a member | 29781 |
| of a class of persons with purpose to make another person believe | 29782 |
| that the actor is that particular person or is a member of that | 29783 |
| class of persons. | 29784 |
| (5) "Investigator of the bureau of criminal identification | 29785 |
| and investigation" has the same meaning as in section 2903.11 of | 29786 |
| the Revised Code. | 29787 |
| (B) No person shall impersonate a peace officer, private | 29788 |
|
police officer, | 29789 |
| investigator of the bureau of criminal identification and | 29790 |
| investigation. | 29791 |
| (C) No person, by impersonating a peace officer, private | 29792 |
|
police officer, | 29793 |
| investigator of the bureau of criminal identification and | 29794 |
| investigation, shall arrest or detain any person, search any | 29795 |
| person, or search the property of any person. | 29796 |
| (D) No person, with purpose to commit or facilitate the | 29797 |
| commission of an offense, shall impersonate a peace officer, | 29798 |
|
private police officer, | 29799 |
| officer, agent, or employee of the state, or investigator of the | 29800 |
| bureau of criminal identification and investigation. | 29801 |
| (E) No person shall commit a felony while impersonating a | 29802 |
|
peace officer, private police officer, | 29803 |
| officer, officer, agent, or employee of the state, or | 29804 |
| investigator of the bureau of criminal identification and | 29805 |
| investigation. | 29806 |
| (F) It is an affirmative defense to a charge under division | 29807 |
| (B) of this section that the impersonation of the peace officer, | 29808 |
| private police officer, or investigator of the bureau of criminal | 29809 |
| identification and investigation was for a lawful purpose. | 29810 |
| (G) Whoever violates division (B) of this section is guilty | 29811 |
| of a misdemeanor of the fourth degree. Whoever violates division | 29812 |
| (C) or (D) of this section is guilty of a misdemeanor of the first | 29813 |
| degree. If the purpose of a violation of division (D) of this | 29814 |
| section is to commit or facilitate the commission of a felony, a | 29815 |
| violation of division (D) is a felony of the fourth degree. | 29816 |
| Whoever violates division (E) of this section is guilty of a | 29817 |
| felony of the third degree. | 29818 |
| Sec. 2923.125. (A) Upon the request of a person who wishes | 29819 |
| to obtain a license to carry a concealed handgun or to renew a | 29820 |
| license to carry a concealed handgun, a sheriff, as provided in | 29821 |
| division (I) of this section, shall provide to the person free of | 29822 |
| charge an application form and a copy of the pamphlet described in | 29823 |
| division (B) of section 109.731 of the Revised Code. A sheriff | 29824 |
| shall accept a completed application form and the fee, items, | 29825 |
| materials, and information specified in divisions (B)(1) to (5) of | 29826 |
| this section at the times and in the manners described in division | 29827 |
| (I) of this section. | 29828 |
| (B) An applicant for a license to carry a concealed handgun | 29829 |
| shall submit a completed application form and all of the following | 29830 |
| to the sheriff of the county in which the applicant resides or to | 29831 |
| the sheriff of any county adjacent to the county in which the | 29832 |
| applicant resides: | 29833 |
| (1)(a) A nonrefundable license fee | 29834 |
| 29835 | |
| 29836 | |
| 29837 | |
| 29838 | |
| 29839 | |
| 29840 | |
| 29841 | |
| 29842 | |
| 29843 | |
| 29844 | |
| 29845 |
| (i) For an applicant who has been a resident of this state | 29846 |
| for five or more years, a fee of forty dollars plus the actual | 29847 |
| cost of having a background check performed by the bureau of | 29848 |
| criminal identification and investigation pursuant to section | 29849 |
| 311.41 of the Revised Code and the administrative fee prescribed | 29850 |
| pursuant to section 109.731 of the Revised Code; | 29851 |
| (ii) For an applicant who has been a resident of this state | 29852 |
| for less than five years, a fee of forty dollars plus the actual | 29853 |
| cost of having background checks performed by the federal bureau | 29854 |
| of investigation and the bureau of identification and | 29855 |
| investigation pursuant to section 311.41 of the Revised Code and | 29856 |
| the administrative fee prescribed pursuant to section 109.731 of | 29857 |
| the Revised Code. | 29858 |
| (b) A sheriff shall waive the payment of the license fee | 29859 |
| described in division (B)(1)(a) of this section in connection with | 29860 |
| an initial or renewal application for a license that is submitted | 29861 |
| by an applicant who is a retired peace officer, a retired person | 29862 |
| described in division (B)(1)(b) of section 109.77 of the Revised | 29863 |
| Code, or a retired federal law enforcement officer who, prior to | 29864 |
| retirement, was authorized under federal law to carry a firearm in | 29865 |
| the course of duty, unless the retired peace officer, person, or | 29866 |
| federal law enforcement officer retired as the result of a mental | 29867 |
| disability. | 29868 |
| (c) The sheriff shall deposit all fees paid by an applicant | 29869 |
| under division (B)(1)(a) of this section into the sheriff's | 29870 |
| concealed handgun license issuance fund established pursuant to | 29871 |
| section 311.42 of the Revised Code. | 29872 |
| (2) A color photograph of the applicant that was taken within | 29873 |
| thirty days prior to the date of the application; | 29874 |
| (3) One or more of the following competency certifications, | 29875 |
| each of which shall reflect that, regarding a certification | 29876 |
| described in division (B)(3)(a), (b), (c), (e), or (f) of this | 29877 |
| section, within the three years immediately preceding the | 29878 |
| application the applicant has performed that to which the | 29879 |
| competency certification relates and that, regarding a | 29880 |
| certification described in division (B)(3)(d) of this section, the | 29881 |
| applicant currently is an active or reserve member of the armed | 29882 |
| forces of the United States or within the six years immediately | 29883 |
| preceding the application the honorable discharge or retirement to | 29884 |
| which the competency certification relates occurred: | 29885 |
| (a) An original or photocopy of a certificate of completion | 29886 |
| of a firearms safety, training, or requalification or firearms | 29887 |
| safety instructor course, class, or program that was offered by or | 29888 |
| under the auspices of the national rifle association and that | 29889 |
| complies with the requirements set forth in division (G) of this | 29890 |
| section; | 29891 |
| (b) An original or photocopy of a certificate of completion | 29892 |
| of a firearms safety, training, or requalification or firearms | 29893 |
| safety instructor course, class, or program that satisfies all of | 29894 |
| the following criteria: | 29895 |
| (i) It was open to members of the general public. | 29896 |
| (ii) It utilized qualified instructors who were certified by | 29897 |
| the national rifle association, the executive director of the Ohio | 29898 |
| peace officer training commission pursuant to section 109.75 or | 29899 |
| 109.78 of the Revised Code, or a governmental official or entity | 29900 |
| of another state. | 29901 |
| (iii) It was offered by or under the auspices of a law | 29902 |
| enforcement agency of this or another state or the United States, | 29903 |
| a public or private college, university, or other similar | 29904 |
| postsecondary educational institution located in this or another | 29905 |
| state, a firearms training school located in this or another | 29906 |
| state, or another type of public or private entity or organization | 29907 |
| located in this or another state. | 29908 |
| (iv) It complies with the requirements set forth in division | 29909 |
| (G) of this section. | 29910 |
| (c) An original or photocopy of a certificate of completion | 29911 |
| of a state, county, municipal, or department of natural resources | 29912 |
| peace officer training school that is approved by the executive | 29913 |
| director of the Ohio peace officer training commission pursuant to | 29914 |
| section 109.75 of the Revised Code and that complies with the | 29915 |
| requirements set forth in division (G) of this section, or the | 29916 |
| applicant has satisfactorily completed and been issued a | 29917 |
| certificate of completion of a basic firearms training program, a | 29918 |
| firearms requalification training program, or another basic | 29919 |
| training program described in section 109.78 or 109.801 of the | 29920 |
| Revised Code that complies with the requirements set forth in | 29921 |
| division (G) of this section; | 29922 |
| (d) A document that evidences both of the following: | 29923 |
| (i) That the applicant is an active or reserve member of the | 29924 |
| armed forces of the United States, was honorably discharged from | 29925 |
| military service in the active or reserve armed forces of the | 29926 |
| United States, is a retired trooper of the state highway patrol, | 29927 |
| or is a retired peace officer or federal law enforcement officer | 29928 |
| described in division (B)(1) of this section or a retired person | 29929 |
| described in division (B)(1)(b) of section 109.77 of the Revised | 29930 |
| Code and division (B)(1) of this section; | 29931 |
| (ii) That, through participation in the military service or | 29932 |
| through the former employment described in division (B)(3)(d)(i) | 29933 |
| of this section, the applicant acquired experience with handling | 29934 |
| handguns or other firearms, and the experience so acquired was | 29935 |
| equivalent to training that the applicant could have acquired in a | 29936 |
| course, class, or program described in division (B)(3)(a), (b), or | 29937 |
| (c) of this section. | 29938 |
| (e) A certificate or another similar document that evidences | 29939 |
| satisfactory completion of a firearms training, safety, or | 29940 |
| requalification or firearms safety instructor course, class, or | 29941 |
| program that is not otherwise described in division (B)(3)(a), | 29942 |
| (b), (c), or (d) of this section, that was conducted by an | 29943 |
| instructor who was certified by an official or entity of the | 29944 |
| government of this or another state or the United States or by the | 29945 |
| national rifle association, and that complies with the | 29946 |
| requirements set forth in division (G) of this section; | 29947 |
| (f) An affidavit that attests to the applicant's satisfactory | 29948 |
| completion of a course, class, or program described in division | 29949 |
| (B)(3)(a), (b), (c), or (e) of this section and that is subscribed | 29950 |
| by the applicant's instructor or an authorized representative of | 29951 |
| the entity that offered the course, class, or program or under | 29952 |
| whose auspices the course, class, or program was offered. | 29953 |
| (4) A certification by the applicant that the applicant has | 29954 |
| read the pamphlet prepared by the Ohio peace officer training | 29955 |
| commission pursuant to section 109.731 of the Revised Code that | 29956 |
| reviews firearms, dispute resolution, and use of deadly force | 29957 |
| matters. | 29958 |
| (5) A set of fingerprints of the applicant provided as | 29959 |
| described in section 311.41 of the Revised Code through use of an | 29960 |
| electronic fingerprint reading device or, if the sheriff to whom | 29961 |
| the application is submitted does not possess and does not have | 29962 |
| ready access to the use of such a reading device, on a standard | 29963 |
| impression sheet prescribed pursuant to division (C)(2) of section | 29964 |
| 109.572 of the Revised Code. | 29965 |
| (C) Upon receipt of an applicant's completed application | 29966 |
| form, supporting documentation, and, if not waived, license fee, a | 29967 |
| sheriff, in the manner specified in section 311.41 of the Revised | 29968 |
| Code, shall conduct or cause to be conducted the criminal records | 29969 |
| check and the incompetency records check described in section | 29970 |
| 311.41 of the Revised Code. | 29971 |
| (D)(1) Except as provided in division (D)(3) or (4) of this | 29972 |
| section, within forty-five days after a sheriff's receipt of an | 29973 |
| applicant's completed application form for a license to carry a | 29974 |
| concealed handgun, the supporting documentation, and, if not | 29975 |
| waived, the license fee, the sheriff shall make available through | 29976 |
| the law enforcement automated data system in accordance with | 29977 |
| division (H) of this section the information described in that | 29978 |
| division and, upon making the information available through the | 29979 |
| system, shall issue to the applicant a license to carry a | 29980 |
| concealed handgun that shall expire as described in division | 29981 |
| (D)(2)(a) of this section if all of the following apply: | 29982 |
| (a) The applicant is legally living in the United States, has | 29983 |
| been a resident of this state for at least forty-five days, and | 29984 |
| has been a resident of the county in which the person seeks the | 29985 |
| license or a county adjacent to the county in which the person | 29986 |
| seeks the license for at least thirty days. For purposes of | 29987 |
| division (D)(1)(a) of this section: | 29988 |
| (i) If a person is absent from the United States, from this | 29989 |
| state, or from a particular county in this state in compliance | 29990 |
| with military or naval orders as an active or reserve member of | 29991 |
| the armed forces of the United States and if prior to leaving this | 29992 |
| state in compliance with those orders the person was legally | 29993 |
| living in the United States and was a resident of this state, the | 29994 |
| person, solely by reason of that absence, shall not be considered | 29995 |
| to have lost the person's status as living in the United States or | 29996 |
| the person's residence in this state or in the county in which the | 29997 |
| person was a resident prior to leaving this state in compliance | 29998 |
| with those orders, without regard to whether or not the person | 29999 |
| intends to return to this state or to that county, shall not be | 30000 |
| considered to have acquired a residence in any other state, and | 30001 |
| shall not be considered to have become a resident of any other | 30002 |
| state. | 30003 |
| (ii) If a person is present in this state in compliance with | 30004 |
| military or naval orders as an active or reserve member of the | 30005 |
| armed forces of the United States for at least forty-five days, | 30006 |
| the person shall be considered to have been a resident of this | 30007 |
| state for that period of at least forty-five days, and, if a | 30008 |
| person is present in a county of this state in compliance with | 30009 |
| military or naval orders as an active or reserve member of the | 30010 |
| armed forces of the United States for at least thirty days, the | 30011 |
| person shall be considered to have been a resident of that county | 30012 |
| for that period of at least thirty days. | 30013 |
| (b) The applicant is at least twenty-one years of age. | 30014 |
| (c) The applicant is not a fugitive from justice. | 30015 |
| (d) The applicant is not under indictment for or otherwise | 30016 |
| charged with a felony; an offense under Chapter 2925., 3719., or | 30017 |
| 4729. of the Revised Code that involves the illegal possession, | 30018 |
| use, sale, administration, or distribution of or trafficking in a | 30019 |
| drug of abuse; a misdemeanor offense of violence; or a violation | 30020 |
| of section 2903.14 or 2923.1211 of the Revised Code. | 30021 |
| (e) Except as otherwise provided in division (D)(5) of this | 30022 |
| section, the applicant has not been convicted of or pleaded | 30023 |
| guilty to a felony or an offense under Chapter 2925., 3719., or | 30024 |
| 4729. of the Revised Code that involves the illegal possession, | 30025 |
| use, sale, administration, or distribution of or trafficking in a | 30026 |
| drug of abuse; has not been adjudicated a delinquent child for | 30027 |
| committing an act that if committed by an adult would be a felony | 30028 |
| or would be an offense under Chapter 2925., 3719., or 4729. of | 30029 |
| the Revised Code that involves the illegal possession, use, sale, | 30030 |
| administration, or distribution of or trafficking in a drug of | 30031 |
| abuse; and has not been convicted of, pleaded guilty to, or | 30032 |
| adjudicated a delinquent child for committing a violation of | 30033 |
| section 2903.13 of the Revised Code when the victim of the | 30034 |
| violation is a peace officer, regardless of whether the applicant | 30035 |
| was sentenced under division (C)(3) of that section. | 30036 |
| (f) Except as otherwise provided in division (D)(5) of this | 30037 |
| section, the applicant, within three years of the date of the | 30038 |
| application, has not been convicted of or pleaded guilty to a | 30039 |
| misdemeanor offense of violence other than a misdemeanor violation | 30040 |
| of section 2921.33 of the Revised Code or a violation of section | 30041 |
| 2903.13 of the Revised Code when the victim of the violation is a | 30042 |
| peace officer, or a misdemeanor violation of section 2923.1211 of | 30043 |
| the Revised Code; and has not been adjudicated a delinquent child | 30044 |
| for committing an act that if committed by an adult would be a | 30045 |
| misdemeanor offense of violence other than a misdemeanor violation | 30046 |
| of section 2921.33 of the Revised Code or a violation of section | 30047 |
| 2903.13 of the Revised Code when the victim of the violation is a | 30048 |
| peace officer or for committing an act that if committed by an | 30049 |
| adult would be a misdemeanor violation of section 2923.1211 of the | 30050 |
| Revised Code. | 30051 |
| (g) Except as otherwise provided in division (D)(1)(e) of | 30052 |
| this section, the applicant, within five years of the date of the | 30053 |
| application, has not been convicted of, pleaded guilty to, or | 30054 |
| adjudicated a delinquent child for committing two or more | 30055 |
| violations of section 2903.13 or 2903.14 of the Revised Code. | 30056 |
| (h) Except as otherwise provided in division (D)(5) of this | 30057 |
| section, the applicant, within ten years of the date of the | 30058 |
| application, has not been convicted of, pleaded guilty to, or | 30059 |
| adjudicated a delinquent child for committing a violation of | 30060 |
| section 2921.33 of the Revised Code. | 30061 |
| (i) The applicant has not been adjudicated as a mental | 30062 |
| defective, has not been committed to any mental institution, is | 30063 |
| not under adjudication of mental incompetence, has not been found | 30064 |
| by a court to be a mentally ill person subject to hospitalization | 30065 |
| by court order, and is not an involuntary patient other than one | 30066 |
| who is a patient only for purposes of observation. As used in this | 30067 |
| division, "mentally ill person subject to hospitalization by court | 30068 |
| order" and "patient" have the same meanings as in section 5122.01 | 30069 |
| of the Revised Code. | 30070 |
| (j) The applicant is not currently subject to a civil | 30071 |
| protection order, a temporary protection order, or a protection | 30072 |
| order issued by a court of another state. | 30073 |
| (k) The applicant certifies that the applicant desires a | 30074 |
| legal means to carry a concealed handgun for defense of the | 30075 |
| applicant or a member of the applicant's family while engaged in | 30076 |
| lawful activity. | 30077 |
| (l) The applicant submits a competency certification of the | 30078 |
| type described in division (B)(3) of this section and submits a | 30079 |
| certification of the type described in division (B)(4) of this | 30080 |
| section regarding the applicant's reading of the pamphlet prepared | 30081 |
| by the Ohio peace officer training commission pursuant to section | 30082 |
| 109.731 of the Revised Code. | 30083 |
| (m) The applicant currently is not subject to a suspension | 30084 |
| imposed under division (A)(2) of section 2923.128 of the Revised | 30085 |
| Code of a license to carry a concealed handgun, or a temporary | 30086 |
| emergency license to carry a concealed handgun, that previously | 30087 |
| was issued to the applicant under this section or section | 30088 |
| 2923.1213 of the Revised Code. | 30089 |
| (2)(a) A license to carry a concealed handgun that a sheriff | 30090 |
| issues under division (D)(1) of this section on or after March 14, | 30091 |
| 2007, shall expire five years after the date of issuance. A | 30092 |
| license to carry a concealed handgun that a sheriff issued under | 30093 |
| division (D)(1) of this section prior to March 14, 2007, shall | 30094 |
| expire four years after the date of issuance. | 30095 |
| If a sheriff issues a license under this section, the sheriff | 30096 |
| shall place on the license a unique combination of letters and | 30097 |
| numbers identifying the license in accordance with the procedure | 30098 |
| prescribed by the Ohio peace officer training commission pursuant | 30099 |
| to section 109.731 of the Revised Code. | 30100 |
| (b) If a sheriff denies an application under this section | 30101 |
| because the applicant does not satisfy the criteria described in | 30102 |
| division (D)(1) of this section, the sheriff shall specify the | 30103 |
| grounds for the denial in a written notice to the applicant. The | 30104 |
| applicant may appeal the denial pursuant to section 119.12 of the | 30105 |
| Revised Code in the county served by the sheriff who denied the | 30106 |
| application. If the denial was as a result of the criminal records | 30107 |
| check conducted pursuant to section 311.41 of the Revised Code and | 30108 |
| if, pursuant to section 2923.127 of the Revised Code, the | 30109 |
| applicant challenges the criminal records check results using the | 30110 |
| appropriate challenge and review procedure specified in that | 30111 |
| section, the time for filing the appeal pursuant to section 119.12 | 30112 |
| of the Revised Code and this division is tolled during the | 30113 |
| pendency of the request or the challenge and review. If the court | 30114 |
| in an appeal under section 119.12 of the Revised Code and this | 30115 |
| division enters a judgment sustaining the sheriff's refusal to | 30116 |
| grant to the applicant a license to carry a concealed handgun, the | 30117 |
| applicant may file a new application beginning one year after the | 30118 |
| judgment is entered. If the court enters a judgment in favor of | 30119 |
| the applicant, that judgment shall not restrict the authority of a | 30120 |
| sheriff to suspend or revoke the license pursuant to section | 30121 |
| 2923.128 or 2923.1213 of the Revised Code or to refuse to renew | 30122 |
| the license for any proper cause that may occur after the date the | 30123 |
| judgment is entered. In the appeal, the court shall have full | 30124 |
| power to dispose of all costs. | 30125 |
| (3) If the sheriff with whom an application for a license to | 30126 |
| carry a concealed handgun was filed under this section becomes | 30127 |
| aware that the applicant has been arrested for or otherwise | 30128 |
| charged with an offense that would disqualify the applicant from | 30129 |
| holding the license, the sheriff shall suspend the processing of | 30130 |
| the application until the disposition of the case arising from the | 30131 |
| arrest or charge. | 30132 |
| (4) If the sheriff determines that the applicant is legally | 30133 |
| living in the United States and is a resident of the county in | 30134 |
| which the applicant seeks the license or of an adjacent county but | 30135 |
| does not yet meet the residency requirements described in division | 30136 |
| (D)(1)(a) of this section, the sheriff shall not deny the license | 30137 |
| because of the residency requirements but shall not issue the | 30138 |
| license until the applicant meets those residency requirements. | 30139 |
| (5) If an applicant has been convicted of or pleaded guilty | 30140 |
| to an offense identified in division (D)(1)(e), (f), or (h) of | 30141 |
| this section or has been adjudicated a delinquent child for | 30142 |
| committing an act or violation identified in any of those | 30143 |
| divisions, and if a court has ordered the sealing or expungement | 30144 |
| of the records of that conviction, guilty plea, or adjudication | 30145 |
| pursuant to sections 2151.355 to 2151.358 or sections 2953.31 to | 30146 |
| 2953.36 of the Revised Code or a court has granted the applicant | 30147 |
| relief pursuant to section 2923.14 of the Revised Code from the | 30148 |
| disability imposed pursuant to section 2923.13 of the Revised Code | 30149 |
| relative to that conviction, guilty plea, or adjudication, the | 30150 |
| sheriff with whom the application was submitted shall not consider | 30151 |
| the conviction, guilty plea, or adjudication in making a | 30152 |
| determination under division (D)(1) or (F) of this section or, in | 30153 |
| relation to an application for a temporary emergency license to | 30154 |
| carry a concealed handgun submitted under section 2923.1213 of the | 30155 |
| Revised Code, in making a determination under division (B)(2) of | 30156 |
| that section. | 30157 |
| (E) If a license to carry a concealed handgun issued under | 30158 |
| this section is lost or is destroyed, the licensee may obtain from | 30159 |
| the sheriff who issued that license a duplicate license upon the | 30160 |
| payment of a fee of fifteen dollars and the submission of an | 30161 |
| affidavit attesting to the loss or destruction of the license. The | 30162 |
| sheriff, in accordance with the procedures prescribed in section | 30163 |
| 109.731 of the Revised Code, shall place on the replacement | 30164 |
| license a combination of identifying numbers different from the | 30165 |
| combination on the license that is being replaced. | 30166 |
| (F)(1) A licensee who wishes to renew a license to carry a | 30167 |
| concealed handgun issued under this section shall do so not | 30168 |
| earlier than ninety days before the expiration date of the license | 30169 |
| or at any time after the expiration date of the license by | 30170 |
| filing with the sheriff of the county in which the applicant | 30171 |
| resides or with the sheriff of an adjacent county an application | 30172 |
| for renewal of the license obtained pursuant to division (D) of | 30173 |
| this section, a certification by the applicant that, subsequent | 30174 |
| to the issuance of the license, the applicant has reread the | 30175 |
| pamphlet prepared by the Ohio peace officer training commission | 30176 |
| pursuant to section 109.731 of the Revised Code that reviews | 30177 |
| firearms, dispute resolution, and use of deadly force matters, a | 30178 |
| nonrefundable license renewal fee unless the fee is waived, and | 30179 |
| one of the following: | 30180 |
| (a) If the licensee previously has not renewed a license to | 30181 |
| carry a concealed handgun issued under this section, proof that | 30182 |
| the licensee at one time had a competency certification of the | 30183 |
| type described in division (B)(3) of this section. A valid | 30184 |
| license or any other previously issued license that has not been | 30185 |
| revoked is prima-facie evidence that the licensee at one time | 30186 |
| had a competency certification of the type described in division | 30187 |
| (B)(3) of this section. | 30188 |
| (b) If the licensee previously has renewed a license to carry | 30189 |
| a concealed handgun issued under this section, a renewed | 30190 |
| competency certification of the type described in division (G)(4) | 30191 |
| of this section. | 30192 |
| (2) A sheriff shall accept a completed renewal application, | 30193 |
| the license renewal fee, and information specified in division | 30194 |
| (F)(1) of this section at the times and in the manners described | 30195 |
| in division (I) of this section. Upon receipt of a completed | 30196 |
| renewal application, of certification that the applicant has | 30197 |
| reread the specified pamphlet prepared by the Ohio peace | 30198 |
| officer training commission, of proof of a prior competency | 30199 |
| certification for an initial renewal or of a renewed competency | 30200 |
| certification for a second or subsequent renewal, and of a | 30201 |
| license renewal fee unless the fee is waived, a sheriff, in the | 30202 |
| manner specified in section 311.41 of the Revised Code shall | 30203 |
| conduct or cause to be conducted the criminal records check and | 30204 |
| the incompetency records check described in section 311.41 of | 30205 |
| the Revised Code. The sheriff shall renew the license if the | 30206 |
| sheriff determines that the applicant continues to satisfy the | 30207 |
| requirements described in division (D)(1) of this section, except | 30208 |
| that the applicant is not required to meet the requirements of | 30209 |
| division (D)(1)(l) of this section. A renewed license that is | 30210 |
| renewed on or after March 14, 2007, shall expire five years | 30211 |
| after the date of issuance, and a renewed license that is | 30212 |
| renewed prior to March 14, 2007, shall expire four years after | 30213 |
| the date of issuance. A renewed license is subject to division | 30214 |
| (E) of this section and sections 2923.126 and 2923.128 of the | 30215 |
| Revised Code. A sheriff shall comply with divisions (D)(2) to | 30216 |
| (4) of this section when the circumstances described in those | 30217 |
| divisions apply to a requested license renewal. If a sheriff | 30218 |
| denies the renewal of a license to carry a concealed handgun, | 30219 |
| the applicant may appeal the denial, or challenge the criminal | 30220 |
| record check results that were the basis of the denial if | 30221 |
| applicable, in the same manner as specified in division | 30222 |
| (D)(2)(b) of this section and in section 2923.127 of the Revised | 30223 |
| Code, regarding the denial of a license under this section. | 30224 |
| (G)(1) Each course, class, or program described in division | 30225 |
| (B)(3)(a), (b), (c), or (e) of this section shall provide to each | 30226 |
| person who takes the course, class, or program a copy of the | 30227 |
| pamphlet prepared by the Ohio peace officer training commission | 30228 |
| pursuant to section 109.731 of the Revised Code that reviews | 30229 |
| firearms, dispute resolution, and use of deadly force matters. | 30230 |
| Each such course, class, or program described in one of those | 30231 |
| divisions shall include at least twelve hours of training in the | 30232 |
| safe handling and use of a firearm that shall include all of the | 30233 |
| following: | 30234 |
| (a) At least ten hours of training on the following matters: | 30235 |
| (i) The ability to name, explain, and demonstrate the rules | 30236 |
| for safe handling of a handgun and proper storage practices for | 30237 |
| handguns and ammunition; | 30238 |
| (ii) The ability to demonstrate and explain how to handle | 30239 |
| ammunition in a safe manner; | 30240 |
| (iii) The ability to demonstrate the knowledge, skills, and | 30241 |
| attitude necessary to shoot a handgun in a safe manner; | 30242 |
| (iv) Gun handling training. | 30243 |
| (b) At least two hours of training that consists of range | 30244 |
| time and live-fire training. | 30245 |
| (2) To satisfactorily complete the course, class, or program | 30246 |
| described in division (B)(3)(a), (b), (c), or (e) of this section, | 30247 |
| the applicant shall pass a competency examination that shall | 30248 |
| include both of the following: | 30249 |
| (a) A written section on the ability to name and explain the | 30250 |
| rules for the safe handling of a handgun and proper storage | 30251 |
| practices for handguns and ammunition; | 30252 |
| (b) A physical demonstration of competence in the use of a | 30253 |
| handgun and in the rules for safe handling and storage of a | 30254 |
| handgun and a physical demonstration of the attitude necessary to | 30255 |
| shoot a handgun in a safe manner. | 30256 |
| (3) The competency certification described in division | 30257 |
| (B)(3)(a), (b), (c), or (e) of this section shall be dated and | 30258 |
| shall attest that the course, class, or program the applicant | 30259 |
| successfully completed met the requirements described in division | 30260 |
| (G)(1) of this section and that the applicant passed the | 30261 |
| competency examination described in division (G)(2) of this | 30262 |
| section. | 30263 |
| (4) A person who previously has received a competency | 30264 |
| certification as described in division (B)(3) of this section, or | 30265 |
| who previously has received a renewed competency certification as | 30266 |
| described in this division, may obtain a renewed competency | 30267 |
| certification pursuant to this division. If the person previously | 30268 |
| has received a competency certification or previously has | 30269 |
| received a renewed competency certification, the person may | 30270 |
| obtain a renewed competency certification from an entity that | 30271 |
| offers a course, class, or program described in division | 30272 |
| (B)(3)(a), (b), (c), or (e) of this section by passing a test | 30273 |
| that demonstrates that the person is range competent. In these | 30274 |
| circumstances, the person is not required to attend the course, | 30275 |
| class, or program or to take the competency examination described | 30276 |
| in division (G)(2) of this section for the renewed competency | 30277 |
| certification in order to be eligible to receive a renewed | 30278 |
| competency certification. A renewed competency certification | 30279 |
| issued under this division shall be dated and shall attest that | 30280 |
| the person has demonstrated range competency. | 30281 |
| (H) Upon deciding to issue a license, deciding to issue a | 30282 |
| replacement license, or deciding to renew a license to carry a | 30283 |
| concealed handgun pursuant to this section, and before actually | 30284 |
| issuing or renewing the license, the sheriff shall make available | 30285 |
| through the law enforcement automated data system all information | 30286 |
| contained on the license. If the license subsequently is suspended | 30287 |
| under division (A)(1) or (2) of section 2923.128 of the Revised | 30288 |
| Code, revoked pursuant to division (B)(1) of section 2923.128 of | 30289 |
| the Revised Code, or lost or destroyed, the sheriff also shall | 30290 |
| make available through the law enforcement automated data system a | 30291 |
| notation of that fact. The superintendent of the state highway | 30292 |
| patrol shall ensure that the law enforcement automated data system | 30293 |
| is so configured as to permit the transmission through the system | 30294 |
| of the information specified in this division. | 30295 |
| (I) A sheriff shall accept a completed application form or | 30296 |
| renewal application, and the fee, items, materials, and | 30297 |
| information specified in divisions (B)(1) to (5) or division (F) | 30298 |
| of this section, whichever is applicable, and shall provide an | 30299 |
| application form or renewal application and a copy of the pamphlet | 30300 |
| described in division (B) of section 109.731 of the Revised Code | 30301 |
| to any person during at least fifteen hours a week. The sheriff | 30302 |
| shall post notice of the hours during which the sheriff is | 30303 |
| available to accept or provide the information described in this | 30304 |
| division. | 30305 |
| Sec. 2923.1213. (A) As used in this section: | 30306 |
| (1) "Evidence of imminent danger" means any of the following: | 30307 |
| (a) A statement sworn by the person seeking to carry a | 30308 |
| concealed handgun that is made under threat of perjury and that | 30309 |
| states that the person has reasonable cause to fear a criminal | 30310 |
| attack upon the person or a member of the person's family, such as | 30311 |
| would justify a prudent person in going armed; | 30312 |
| (b) A written document prepared by a governmental entity or | 30313 |
| public official describing the facts that give the person seeking | 30314 |
| to carry a concealed handgun reasonable cause to fear a criminal | 30315 |
| attack upon the person or a member of the person's family, such as | 30316 |
| would justify a prudent person in going armed. Written documents | 30317 |
| of this nature include, but are not limited to, any temporary | 30318 |
| protection order, civil protection order, protection order issued | 30319 |
| by another state, or other court order, any court report, and any | 30320 |
| report filed with or made by a law enforcement agency or | 30321 |
| prosecutor. | 30322 |
| (2) "Prosecutor" has the same meaning as in section 2935.01 | 30323 |
| of the Revised Code. | 30324 |
| (B)(1) A person seeking a temporary emergency license to | 30325 |
| carry a concealed handgun shall submit to the sheriff of the | 30326 |
| county in which the person resides all of the following: | 30327 |
| (a) Evidence of imminent danger to the person or a member of | 30328 |
| the person's family; | 30329 |
| (b) A sworn affidavit that contains all of the information | 30330 |
| required to be on the license and attesting that the person is | 30331 |
| legally living in the United States; is at least twenty-one years | 30332 |
| of age; is not a fugitive from justice; is not under indictment | 30333 |
| for or otherwise charged with an offense identified in division | 30334 |
| (D)(1)(d) of section 2923.125 of the Revised Code; has not been | 30335 |
| convicted of or pleaded guilty to an offense, and has not been | 30336 |
| adjudicated a delinquent child for committing an act, identified | 30337 |
| in division (D)(1)(e) of that section and to which division (B)(3) | 30338 |
| of this section does not apply; within three years of the date of | 30339 |
| the submission, has not been convicted of or pleaded guilty to an | 30340 |
| offense, and has not been adjudicated a delinquent child for | 30341 |
| committing an act, identified in division (D)(1)(f) of that | 30342 |
| section and to which division (B)(3) of this section does not | 30343 |
| apply; within five years of the date of the submission, has not | 30344 |
| been convicted of, pleaded guilty, or adjudicated a delinquent | 30345 |
| child for committing two or more violations identified in division | 30346 |
| (D)(1)(g) of that section; within ten years of the date of the | 30347 |
| submission, has not been convicted of, pleaded guilty, or | 30348 |
| adjudicated a delinquent child for committing a violation | 30349 |
| identified in division (D)(1)(h) of that section and to which | 30350 |
| division (B)(3) of this section does not apply; has not been | 30351 |
| adjudicated as a mental defective, has not been committed to any | 30352 |
| mental institution, is not under adjudication of mental | 30353 |
| incompetence, has not been found by a court to be a mentally ill | 30354 |
| person subject to hospitalization by court order, and is not an | 30355 |
| involuntary patient other than one who is a patient only for | 30356 |
| purposes of observation, as described in division (D)(1)(i) of | 30357 |
| that section; is not currently subject to a civil protection | 30358 |
| order, a temporary protection order, or a protection order issued | 30359 |
| by a court of another state, as described in division (D)(1)(j) of | 30360 |
| that section; and is not currently subject to a suspension imposed | 30361 |
| under division (A)(2) of section 2923.128 of the Revised Code of a | 30362 |
| license to carry a concealed handgun, or a temporary emergency | 30363 |
| license to carry a concealed handgun, that previously was issued | 30364 |
| to the person; | 30365 |
| (c) A nonrefundable temporary emergency license fee | 30366 |
| 30367 | |
| 30368 | |
| 30369 | |
| either of the following: | 30370 |
| (i) For an applicant who has been a resident of this state | 30371 |
| for five or more years, a fee of fifteen dollars plus the actual | 30372 |
| cost of having a background check performed by the bureau of | 30373 |
| criminal identification and investigation pursuant to section | 30374 |
| 311.41 of the Revised Code; | 30375 |
| (ii) For an applicant who has been a resident of this state | 30376 |
| for less than five years, a fee of fifteen dollars plus the actual | 30377 |
| cost of having background checks performed by the federal bureau | 30378 |
| of investigation and the bureau of criminal identification and | 30379 |
| investigation pursuant to section 311.41 of the Revised Code. | 30380 |
| (d) A set of fingerprints of the applicant provided as | 30381 |
| described in section 311.41 of the Revised Code through use of an | 30382 |
| electronic fingerprint reading device or, if the sheriff to whom | 30383 |
| the application is submitted does not possess and does not have | 30384 |
| ready access to the use of an electronic fingerprint reading | 30385 |
| device, on a standard impression sheet prescribed pursuant to | 30386 |
| division (C)(2) of section 109.572 of the Revised Code. If the | 30387 |
| fingerprints are provided on a standard impression sheet, the | 30388 |
| person also shall provide the person's social security number to | 30389 |
| the sheriff. | 30390 |
| (2) A sheriff shall accept the evidence of imminent danger, | 30391 |
| the sworn affidavit, the fee, and the set of fingerprints required | 30392 |
| under division (B)(1) of this section at the times and in the | 30393 |
| manners described in division (I) of this section. Upon receipt of | 30394 |
| the evidence of imminent danger, the sworn affidavit, the fee, and | 30395 |
| the set of fingerprints required under division (B)(1) of this | 30396 |
| section, the sheriff, in the manner specified in section 311.41 of | 30397 |
| the Revised Code, immediately shall conduct or cause to be | 30398 |
| conducted the criminal records check and the incompetency records | 30399 |
| check described in section 311.41 of the Revised Code. Immediately | 30400 |
| upon receipt of the results of the records checks, the sheriff | 30401 |
| shall review the information and shall determine whether the | 30402 |
| criteria set forth in divisions (D)(1)(a) to (j) and (m) of | 30403 |
| section 2923.125 of the Revised Code apply regarding the person. | 30404 |
| If the sheriff determines that all of criteria set forth in | 30405 |
| divisions (D)(1)(a) to (j) and (m) of section 2923.125 of the | 30406 |
| Revised Code apply regarding the person, the sheriff shall | 30407 |
| immediately make available through the law enforcement automated | 30408 |
| data system all information that will be contained on the | 30409 |
| temporary emergency license for the person if one is issued, and | 30410 |
| the superintendent of the state highway patrol shall ensure that | 30411 |
| the system is so configured as to permit the transmission through | 30412 |
| the system of that information. Upon making that information | 30413 |
| available through the law enforcement automated data system, the | 30414 |
| sheriff shall immediately issue to the person a temporary | 30415 |
| emergency license to carry a concealed handgun. | 30416 |
| If the sheriff denies the issuance of a temporary emergency | 30417 |
| license to the person, the sheriff shall specify the grounds for | 30418 |
| the denial in a written notice to the person. The person may | 30419 |
| appeal the denial, or challenge criminal records check results | 30420 |
| that were the basis of the denial if applicable, in the same | 30421 |
| manners specified in division (D)(2) of section 2923.125 and in | 30422 |
| section 2923.127 of the Revised Code, regarding the denial of an | 30423 |
| application for a license to carry a concealed handgun under that | 30424 |
| section. | 30425 |
| The temporary emergency license under this division shall be | 30426 |
| in the form, and shall include all of the information, described | 30427 |
| in divisions (A)(2) and (5) of section 109.731 of the Revised | 30428 |
| Code, and also shall include a unique combination of identifying | 30429 |
| letters and numbers in accordance with division (A)(4) of that | 30430 |
| section. | 30431 |
| The temporary emergency license issued under this division is | 30432 |
| valid for ninety days and may not be renewed. A person who has | 30433 |
| been issued a temporary emergency license under this division | 30434 |
| shall not be issued another temporary emergency license unless at | 30435 |
| least four years has expired since the issuance of the prior | 30436 |
| temporary emergency license. | 30437 |
| (3) If a person seeking a temporary emergency license to | 30438 |
| carry a concealed handgun has been convicted of or pleaded guilty | 30439 |
| to an offense identified in division (D)(1)(e), (f), or (h) of | 30440 |
| section 2923.125 of the Revised Code or has been adjudicated a | 30441 |
| delinquent child for committing an act or violation identified in | 30442 |
| any of those divisions, and if a court has ordered the sealing or | 30443 |
| expungement of the records of that conviction, guilty plea, or | 30444 |
| adjudication pursuant to sections 2151.355 to 2151.358 or sections | 30445 |
| 2953.31 to 2953.36 of the Revised Code or a court has granted the | 30446 |
| applicant relief pursuant to section 2923.14 of the Revised Code | 30447 |
| from the disability imposed pursuant to section 2923.13 of the | 30448 |
| Revised Code relative to that conviction, guilty plea, or | 30449 |
| adjudication, the conviction, guilty plea, or adjudication shall | 30450 |
| not be relevant for purposes of the sworn affidavit described in | 30451 |
| division (B)(1)(b) of this section, and the person may complete, | 30452 |
| and swear to the truth of, the affidavit as if the conviction, | 30453 |
| guilty plea, or adjudication never had occurred. | 30454 |
| (4) The sheriff shall waive the payment pursuant to division | 30455 |
| (B)(1)(c) of this section of the license fee in connection with an | 30456 |
| application that is submitted by an applicant who is a retired | 30457 |
| peace officer, a retired person described in division (B)(1)(b) of | 30458 |
| section 109.77 of the Revised Code, or a retired federal law | 30459 |
| enforcement officer who, prior to retirement, was authorized under | 30460 |
| federal law to carry a firearm in the course of duty, unless the | 30461 |
| retired peace officer, person, or federal law enforcement officer | 30462 |
| retired as the result of a mental disability. | 30463 |
| The sheriff shall deposit all fees paid by an applicant under | 30464 |
| division (B)(1)(c) of this section into the sheriff's concealed | 30465 |
| handgun license issuance fund established pursuant to section | 30466 |
| 311.42 of the Revised Code. | 30467 |
| (C) A person who holds a temporary emergency license to carry | 30468 |
| a concealed handgun has the same right to carry a concealed | 30469 |
| handgun as a person who was issued a license to carry a concealed | 30470 |
| handgun under section 2923.125 of the Revised Code, and any | 30471 |
| exceptions to the prohibitions contained in section 1547.69 and | 30472 |
| sections 2923.12 to 2923.16 of the Revised Code for a licensee | 30473 |
| under section 2923.125 of the Revised Code apply to a licensee | 30474 |
| under this section. The person is subject to the same | 30475 |
| restrictions, and to all other procedures, duties, and sanctions, | 30476 |
| that apply to a person who carries a license issued under section | 30477 |
| 2923.125 of the Revised Code, other than the license renewal | 30478 |
| procedures set forth in that section. | 30479 |
| (D) A sheriff who issues a temporary emergency license to | 30480 |
| carry a concealed handgun under this section shall not require a | 30481 |
| person seeking to carry a concealed handgun in accordance with | 30482 |
| this section to submit a competency certificate as a prerequisite | 30483 |
| for issuing the license and shall comply with division (H) of | 30484 |
| section 2923.125 of the Revised Code in regards to the license. | 30485 |
| The sheriff shall suspend or revoke the license in accordance with | 30486 |
| section 2923.128 of the Revised Code. In addition to the | 30487 |
| suspension or revocation procedures set forth in section 2923.128 | 30488 |
| of the Revised Code, the sheriff may revoke the license upon | 30489 |
| receiving information, verifiable by public documents, that the | 30490 |
| person is not eligible to possess a firearm under either the laws | 30491 |
| of this state or of the United States or that the person committed | 30492 |
| perjury in obtaining the license; if the sheriff revokes a license | 30493 |
| under this additional authority, the sheriff shall notify the | 30494 |
| person, by certified mail, return receipt requested, at the | 30495 |
| person's last known residence address that the license has been | 30496 |
| revoked and that the person is required to surrender the license | 30497 |
| at the sheriff's office within ten days of the date on which the | 30498 |
| notice was mailed. Division (H) of section 2923.125 of the | 30499 |
| Revised Code applies regarding any suspension or revocation of a | 30500 |
| temporary emergency license to carry a concealed handgun. | 30501 |
| (E) A sheriff who issues a temporary emergency license to | 30502 |
| carry a concealed handgun under this section shall retain, for the | 30503 |
| entire period during which the temporary emergency license is in | 30504 |
| effect, the evidence of imminent danger that the person submitted | 30505 |
| to the sheriff and that was the basis for the license, or a copy | 30506 |
| of that evidence, as appropriate. | 30507 |
| (F) If a temporary emergency license to carry a concealed | 30508 |
| handgun issued under this section is lost or is destroyed, the | 30509 |
| licensee may obtain from the sheriff who issued that license a | 30510 |
| duplicate license upon the payment of a fee of fifteen dollars and | 30511 |
| the submission of an affidavit attesting to the loss or | 30512 |
| destruction of the license. The sheriff, in accordance with the | 30513 |
| procedures prescribed in section 109.731 of the Revised Code, | 30514 |
| shall place on the replacement license a combination of | 30515 |
| identifying numbers different from the combination on the license | 30516 |
| that is being replaced. | 30517 |
| (G) The Ohio peace officer training commission shall | 30518 |
| prescribe, and shall make available to sheriffs, a standard form | 30519 |
| to be used under division (B) of this section by a person who | 30520 |
| applies for a temporary emergency license to carry a concealed | 30521 |
| handgun on the basis of imminent danger of a type described in | 30522 |
| division (A)(1)(a) of this section. | 30523 |
| (H) A sheriff who receives any fees paid by a person under | 30524 |
| this section shall deposit all fees so paid into the sheriff's | 30525 |
| concealed handgun license issuance expense fund established under | 30526 |
| section 311.42 of the Revised Code. | 30527 |
| (I) A sheriff shall accept evidence of imminent danger, a | 30528 |
| sworn affidavit, the fee, and the set of fingerprints specified in | 30529 |
| division (B)(1) of this section at any time during normal business | 30530 |
| hours. In no case shall a sheriff require an appointment, or | 30531 |
| designate a specific period of time, for the submission or | 30532 |
| acceptance of evidence of imminent danger, a sworn affidavit, the | 30533 |
| fee, and the set of fingerprints specified in division (B)(1) of | 30534 |
| this section, or for the provision to any person of a standard | 30535 |
| form to be used for a person to apply for a temporary emergency | 30536 |
| license to carry a concealed handgun. | 30537 |
| Sec. 2937.22. (A) Bail is security for the appearance of an | 30538 |
| accused to appear and answer to a specific criminal or | 30539 |
| quasi-criminal charge in any court or before any magistrate at a | 30540 |
| specific time or at any time to which a case may be continued, and | 30541 |
| not depart without leave. It may take any of the following forms: | 30542 |
| | 30543 |
|
person for | 30544 |
| | 30545 |
| 30546 | |
| or any political subdivision thereof in a face amount equal to the | 30547 |
| sum set by the court or magistrate. In case of bonds not | 30548 |
| negotiable by delivery such bonds shall be properly endorsed for | 30549 |
| transfer. | 30550 |
| | 30551 |
| forfeit the sum of money set by the court or magistrate, if the | 30552 |
| accused is in default for appearance, which shall be known as a | 30553 |
| recognizance. | 30554 |
| (B) Whenever a person is charged with any offense other than | 30555 |
| a traffic offense that is not a moving violation and posts bail, | 30556 |
| the person shall pay a surcharge of twenty-five dollars. The clerk | 30557 |
| of the court shall retain the twenty-five dollars until the person | 30558 |
| is convicted, pleads guilty, forfeits bail, is found not guilty, | 30559 |
| or has the charges dismissed. If the person is convicted, pleads | 30560 |
| guilty, or forfeits bail, the clerk shall transmit the twenty-five | 30561 |
| dollars on or before the twentieth day of the month following the | 30562 |
| month in which the person was convicted, pleaded guilty, or | 30563 |
| forfeited bail to the treasurer of state, and the treasurer of | 30564 |
| state shall deposit it into the indigent defense support fund | 30565 |
| created under section 120.08 of the Revised Code. If the person is | 30566 |
| found not guilty or the charges are dismissed, the clerk shall | 30567 |
| return the twenty-five dollars to the person. | 30568 |
| (C) All bail shall be received by the clerk of the court, | 30569 |
| deputy clerk of court, or by the magistrate, or by a special | 30570 |
| referee appointed by the supreme court pursuant to section 2937.46 | 30571 |
| of the Revised Code, and, except in cases of recognizances, | 30572 |
|
receipt shall be given therefor | 30573 |
| (D) As used in this section, "moving violation" has the same | 30574 |
| meaning as in section 2743.70 of the Revised Code. | 30575 |
| Sec. 2949.091. (A)(1)(a) The court | 30576 |
|
convicted of or pleads guilty to any offense | 30577 |
| 30578 | |
| 30579 | |
| addition to any other court costs that the court is required by | 30580 |
| law to impose upon the offender: | 30581 |
| (i) Thirty dollars if the offense is a felony; | 30582 |
| (ii) Twenty dollars if the offense is a misdemeanor other | 30583 |
| than a traffic offense that is not a moving violation; | 30584 |
| (iii) Ten dollars if the offense is a traffic offense that | 30585 |
|
is not a moving violation, excluding parking violations. | 30586 |
| (b) All moneys collected pursuant to division (A)(1)(a) of | 30587 |
| this section during a month shall be transmitted on or before the | 30588 |
| twentieth day of the following month by the clerk of the court to | 30589 |
| the treasurer of state and deposited by the treasurer of state | 30590 |
| 30591 | |
| fund established under section 120.08 of the Revised Code. The | 30592 |
|
court shall not waive the payment
of the additional | 30593 |
| 30594 | |
| court determines that the offender is indigent and waives the | 30595 |
| payment of all court costs imposed upon the indigent offender. | 30596 |
| (2)(a) The juvenile court | 30597 |
|
delinquent child or a juvenile traffic offender for an act | 30598 |
| that,
if committed by an adult, would be an offense | 30599 |
| 30600 | |
|
of the
| 30601 |
| in addition to any other court costs that the court is required | 30602 |
| or permitted by law to impose upon the delinquent child or | 30603 |
| juvenile traffic offender: | 30604 |
| (i) Thirty dollars if the offense is a felony; | 30605 |
| (ii) Twenty dollars if the offense is a misdemeanor other | 30606 |
| than a traffic offense that is not a moving violation; | 30607 |
| (iii) Ten dollars if the offense is a traffic offense that | 30608 |
|
is not a moving violation, excluding parking violations.
| 30609 |
| (b) All moneys collected pursuant to division (A)(2)(a) of | 30610 |
| this section during a month shall be transmitted on or before the | 30611 |
| twentieth day of the following month by the clerk of the court to | 30612 |
| the treasurer of state and deposited by the treasurer of state | 30613 |
| 30614 | |
| fund established under section 120.08 of the Revised Code. The | 30615 |
| 30616 | |
| be collected in all cases unless the court determines the juvenile | 30617 |
| is indigent and waives the payment of all court costs, or enters | 30618 |
| an order on its journal stating that it has determined that the | 30619 |
| juvenile is indigent, that no other court costs are to be taxed in | 30620 |
|
the case,
and that the payment of the | 30621 |
| twenty-, or ten-dollar court costs is waived. | 30622 |
| (B) Whenever a person is charged with any offense | 30623 |
| 30624 | |
| described in division (A)(1) of this section, the court shall add | 30625 |
|
to the amount of the bail the | 30626 |
| dollars required to be paid by division (A)(1) of this section. | 30627 |
|
The | 30628 |
| the clerk of the court until the person is convicted, pleads | 30629 |
| guilty, forfeits bail, is found not guilty, or has the charges | 30630 |
| dismissed. If the person is convicted, pleads guilty, or forfeits | 30631 |
|
bail, the
clerk shall transmit the | 30632 |
| dollars on or before the twentieth day of the month following the | 30633 |
| month in which the person was convicted, pleaded guilty, or | 30634 |
| forfeited bail to the treasurer of state, who shall deposit it | 30635 |
| 30636 | |
| support fund established under section 120.08 of the Revised | 30637 |
| Code. If the person is found not guilty or the charges are | 30638 |
|
dismissed, the clerk shall return the | 30639 |
| ten dollars to the person. | 30640 |
| (C) No person shall be placed or held in a detention facility | 30641 |
|
for failing to pay the additional | 30642 |
| twenty-, or ten-dollar court costs or bail that are required to | 30643 |
| be paid by this section. | 30644 |
| (D) As used in this section: | 30645 |
| (1) "Moving violation" and "bail" have the same meanings as | 30646 |
| in section 2743.70 of the Revised Code. | 30647 |
| (2) "Detention facility" has the same meaning as in section | 30648 |
| 2921.01 of the Revised Code. | 30649 |
| Sec. 2949.111. (A) As used in this section: | 30650 |
| (1) "Court costs" means any assessment that the court | 30651 |
| requires an offender to pay to defray the costs of operating the | 30652 |
| court. | 30653 |
| (2) "State fines or costs" means any costs imposed or | 30654 |
| forfeited bail collected by the court under section 2743.70 of the | 30655 |
| Revised Code for deposit into the reparations fund or under | 30656 |
|
section 2949.091 of the Revised Code for deposit into the
| 30657 |
| 30658 | |
| 120.08 of the Revised Code and all fines, penalties, and forfeited | 30659 |
| bail collected by the court and paid to a law library association | 30660 |
| under sections 3375.50 to 3375.53 of the Revised Code. | 30661 |
| (3) "Reimbursement" means any reimbursement for the costs of | 30662 |
| confinement that the court orders an offender to pay pursuant to | 30663 |
| section 2929.28 of the Revised Code, any supervision fee, any fee | 30664 |
| for the costs of house arrest with electronic monitoring that an | 30665 |
| offender agrees to pay, any reimbursement for the costs of an | 30666 |
| investigation or prosecution that the court orders an offender to | 30667 |
| pay pursuant to section 2929.71 of the Revised Code, or any other | 30668 |
| costs that the court orders an offender to pay. | 30669 |
| (4) "Supervision fees" means any fees that a court, pursuant | 30670 |
| to sections 2929.18, 2929.28, and 2951.021 of the Revised Code, | 30671 |
| requires an offender who is under a community control sanction to | 30672 |
| pay for supervision services. | 30673 |
| (5) "Community control sanction" has the same meaning as in | 30674 |
| section 2929.01 of the Revised Code. | 30675 |
| (B) Unless the court, in accordance with division (C) of this | 30676 |
| section, enters in the record of the case a different method of | 30677 |
| assigning payments, if a person who is charged with a misdemeanor | 30678 |
| is convicted of or pleads guilty to the offense, if the court | 30679 |
| orders the offender to pay any combination of court costs, state | 30680 |
| fines or costs, restitution, a conventional fine, or any | 30681 |
| reimbursement, and if the offender makes any payment of any of | 30682 |
| them to a clerk of court, the clerk shall assign the offender's | 30683 |
| payment in the following manner: | 30684 |
| (1) If the court ordered the offender to pay any court costs, | 30685 |
| the offender's payment shall be assigned toward the satisfaction | 30686 |
| of those court costs until they have been entirely paid. | 30687 |
| (2) If the court ordered the offender to pay any state fines | 30688 |
| or costs and if all of the court costs that the court ordered the | 30689 |
| offender to pay have been paid, the remainder of the offender's | 30690 |
| payment shall be assigned on a pro rata basis toward the | 30691 |
| satisfaction of the state fines or costs until they have been | 30692 |
| entirely paid. | 30693 |
| (3) If the court ordered the offender to pay any restitution | 30694 |
| and if all of the court costs and state fines or costs that the | 30695 |
| court ordered the offender to pay have been paid, the remainder of | 30696 |
| the offender's payment shall be assigned toward the satisfaction | 30697 |
| of the restitution until it has been entirely paid. | 30698 |
| (4) If the court ordered the offender to pay any fine and if | 30699 |
| all of the court costs, state fines or costs, and restitution that | 30700 |
| the court ordered the offender to pay have been paid, the | 30701 |
| remainder of the offender's payment shall be assigned toward the | 30702 |
| satisfaction of the fine until it has been entirely paid. | 30703 |
| (5) If the court ordered the offender to pay any | 30704 |
| reimbursement and if all of the court costs, state fines or costs, | 30705 |
| restitution, and fines that the court ordered the offender to pay | 30706 |
| have been paid, the remainder of the offender's payment shall be | 30707 |
| assigned toward the satisfaction of the reimbursements until they | 30708 |
| have been entirely paid. | 30709 |
| (C) If a person who is charged with a misdemeanor is | 30710 |
| convicted of or pleads guilty to the offense and if the court | 30711 |
| orders the offender to pay any combination of court costs, state | 30712 |
| fines or costs, restitution, fines, or reimbursements, the court, | 30713 |
| at the time it orders the offender to make those payments, may | 30714 |
| prescribe an order of payments that differs from the order set | 30715 |
| forth in division (B) of this section by entering in the record of | 30716 |
| the case the order so prescribed. If a different order is entered | 30717 |
| in the record, on receipt of any payment, the clerk of the court | 30718 |
| shall assign the payment in the manner prescribed by the court. | 30719 |
| Sec. 2949.17. (A) The sheriff may take one guard for every | 30720 |
| two convicted felons to be transported to a correctional | 30721 |
| institution. The trial judge may authorize a larger number of | 30722 |
| guards upon written application of the sheriff, in which case a | 30723 |
| transcript of the order of the judge shall be certified by the | 30724 |
| clerk of the court of common pleas under the seal of the court, | 30725 |
| and the sheriff shall deliver the order with the convict to the | 30726 |
| person in charge of the correctional institution. | 30727 |
| (B) In order to obtain reimbursement for the county for the | 30728 |
| expenses of transportation for indigent convicted felons, the | 30729 |
| clerk of the court of common pleas shall prepare a transportation | 30730 |
| cost bill for each indigent convicted felon transported pursuant | 30731 |
|
to this section for an amount
equal to | 30732 |
| dollar a mile from the county seat to the state correctional | 30733 |
|
institution and return for | 30734 |
| 30735 | |
| 30736 | |
| computed by the usual route of travel. The clerk's duties under | 30737 |
| this division are subject to division (B) of section 2949.19 of | 30738 |
| the Revised Code. | 30739 |
| Sec. 2981.13. (A) Except as otherwise provided in this | 30740 |
| section, property ordered forfeited as contraband, proceeds, or an | 30741 |
| instrumentality pursuant to this chapter shall be disposed of, | 30742 |
| used, or sold pursuant to section 2981.12 of the Revised Code. If | 30743 |
| the property is to be sold under that section, the prosecutor | 30744 |
| shall cause notice of the proposed sale to be given in accordance | 30745 |
| with law. | 30746 |
| (B) If the contraband or instrumentality forfeited under this | 30747 |
| chapter is sold, any moneys acquired from a sale and any proceeds | 30748 |
| forfeited under this chapter shall be applied in the following | 30749 |
| order: | 30750 |
| (1) First, to pay costs incurred in the seizure, storage, | 30751 |
| maintenance, security, and sale of the property and in the | 30752 |
| forfeiture proceeding; | 30753 |
| (2) Second, in a criminal forfeiture case, to satisfy any | 30754 |
| restitution ordered to the victim of the offense or, in a civil | 30755 |
| forfeiture case, to satisfy any recovery ordered for the person | 30756 |
| harmed, unless paid from other assets; | 30757 |
| (3) Third, to pay the balance due on any security interest | 30758 |
| preserved under this chapter; | 30759 |
| (4) Fourth, apply the remaining amounts as follows: | 30760 |
| (a) If the forfeiture was ordered by a juvenile court, ten | 30761 |
| per cent to one or more certified alcohol and drug addiction | 30762 |
| treatment programs as provided in division (D) of section 2981.12 | 30763 |
| of the Revised Code; | 30764 |
| (b) If the forfeiture was ordered in a juvenile court, ninety | 30765 |
| per cent, and if the forfeiture was ordered in a court other than | 30766 |
| a juvenile court, one hundred per cent to the law enforcement | 30767 |
| trust fund of the prosecutor and to the following fund supporting | 30768 |
| the law enforcement agency that substantially conducted the | 30769 |
| investigation: the law enforcement trust fund of the county | 30770 |
| sheriff, municipal corporation, township, or park district created | 30771 |
| under section 511.18 or 1545.01 of the Revised Code; the state | 30772 |
| highway patrol contraband, forfeiture, and other fund; the | 30773 |
| department of public safety investigative unit contraband, | 30774 |
| forfeiture, and other fund; the department of taxation enforcement | 30775 |
| fund; the board of pharmacy drug law enforcement fund created by | 30776 |
| division (B)(1) of section 4729.65 of the Revised Code; the | 30777 |
| medicaid fraud investigation and prosecution fund; or the | 30778 |
| treasurer of state for deposit into the peace officer training | 30779 |
| commission fund if any other state law enforcement agency | 30780 |
| substantially conducted the investigation. In the case of property | 30781 |
| forfeited for medicaid fraud, any remaining amount shall be used | 30782 |
| by the attorney general to investigate and prosecute medicaid | 30783 |
| fraud offenses. | 30784 |
| If the prosecutor declines to accept any of the remaining | 30785 |
| amounts, the amounts shall be applied to the fund of the agency | 30786 |
| that substantially conducted the investigation. | 30787 |
| (c) If more than one law enforcement agency is substantially | 30788 |
| involved in the seizure of property forfeited under this chapter, | 30789 |
| the court ordering the forfeiture shall equitably divide the | 30790 |
| amounts, after calculating any distribution to the law enforcement | 30791 |
| trust fund of the prosecutor pursuant to division (B)(4) of this | 30792 |
| section, among the entities that the court determines were | 30793 |
| substantially involved in the seizure. | 30794 |
| (C)(1) A law enforcement trust fund shall be established by | 30795 |
| the prosecutor of each county who intends to receive any remaining | 30796 |
| amounts pursuant to this section, by the sheriff of each county, | 30797 |
| by the legislative authority of each municipal corporation, by the | 30798 |
| board of township trustees of each township that has a township | 30799 |
| police department, township police district police force, or | 30800 |
| office of the constable, and by the board of park commissioners of | 30801 |
| each park district created pursuant to section 511.18 or 1545.01 | 30802 |
| of the Revised Code that has a park district police force or law | 30803 |
| enforcement department, for the purposes of this section. | 30804 |
| There is hereby created in the state treasury the state | 30805 |
| highway patrol contraband, forfeiture, and other fund, the | 30806 |
| department of public safety investigative unit contraband, | 30807 |
| forfeiture, and other fund, the medicaid fraud investigation and | 30808 |
| prosecution fund, the department of taxation enforcement fund, and | 30809 |
| the peace officer training commission fund, for the purposes of | 30810 |
| this section. | 30811 |
| Amounts distributed to any municipal corporation, township, | 30812 |
| or park district law enforcement trust fund shall be allocated | 30813 |
| from the fund by the legislative authority only to the police | 30814 |
| department of the municipal corporation, by the board of township | 30815 |
| trustees only to the township police department, township police | 30816 |
| district police force, or office of the constable, and by the | 30817 |
| board of park commissioners only to the park district police force | 30818 |
| or law enforcement department. | 30819 |
| (2)(a) No amounts shall be allocated to a fund created under | 30820 |
| this section or used by an agency unless the agency has adopted a | 30821 |
| written internal control policy that addresses the use of moneys | 30822 |
| received from the appropriate fund. The appropriate fund shall be | 30823 |
| expended only in accordance with that policy and, subject to the | 30824 |
| requirements specified in this section, only for the following | 30825 |
| purposes: | 30826 |
| (i) To pay the costs of protracted or complex investigations | 30827 |
| or prosecutions; | 30828 |
| (ii) To provide reasonable technical training or expertise; | 30829 |
| (iii) To provide matching funds to obtain federal grants to | 30830 |
| aid law enforcement, in the support of DARE programs or other | 30831 |
| programs designed to educate adults or children with respect to | 30832 |
| the dangers associated with the use of drugs of abuse; | 30833 |
| (iv) To pay the costs of emergency action taken under section | 30834 |
| 3745.13 of the Revised Code relative to the operation of an | 30835 |
| illegal methamphetamine laboratory if the forfeited property or | 30836 |
| money involved was that of a person responsible for the operation | 30837 |
| of the laboratory; | 30838 |
| (v) For other law enforcement purposes that the | 30839 |
| superintendent of the state highway patrol, department of public | 30840 |
| safety, prosecutor, county sheriff, legislative authority, | 30841 |
| department of taxation, board of township trustees, or board of | 30842 |
| park commissioners determines to be appropriate. | 30843 |
| (b) The board of pharmacy drug law enforcement fund shall be | 30844 |
| expended only in accordance with the written internal control | 30845 |
| policy so adopted by the board and only in accordance with section | 30846 |
| 4729.65 of the Revised Code, except that it also may be expended | 30847 |
| to pay the costs of emergency action taken under section 3745.13 | 30848 |
| of the Revised Code relative to the operation of an illegal | 30849 |
| methamphetamine laboratory if the forfeited property or money | 30850 |
| involved was that of a person responsible for the operation of the | 30851 |
| laboratory. | 30852 |
| (c) The state highway patrol contraband, forfeiture, and | 30853 |
| other fund, the department of public safety investigative unit | 30854 |
| contraband, forfeiture, and other fund, the department of taxation | 30855 |
| enforcement fund, the board of pharmacy drug law enforcement fund, | 30856 |
| and a law enforcement trust fund shall not be used to meet the | 30857 |
| operating costs of the state highway patrol, of the investigative | 30858 |
| unit of the department of public safety, of the state board of | 30859 |
| pharmacy, of any political subdivision, or of any office of a | 30860 |
| prosecutor or county sheriff that are unrelated to law | 30861 |
| enforcement. | 30862 |
| (d) Forfeited moneys that are paid into the state treasury to | 30863 |
| be deposited into the peace officer training commission fund shall | 30864 |
| be used by the commission only to pay the costs of peace officer | 30865 |
| training. | 30866 |
| (3) Any of the following offices or agencies that receive | 30867 |
| amounts under this section during any calendar year shall file a | 30868 |
| report with the specified entity, not later than the thirty-first | 30869 |
| day of January of the next calendar year, verifying that the | 30870 |
| moneys were expended only for the purposes authorized by this | 30871 |
| section or other relevant statute and specifying the amounts | 30872 |
| expended for each authorized purpose: | 30873 |
| (a) Any sheriff or prosecutor shall file the report with the | 30874 |
| county auditor. | 30875 |
| (b) Any municipal corporation police department shall file | 30876 |
| the report with the legislative authority of the municipal | 30877 |
| corporation. | 30878 |
| (c) Any township police department, township police district | 30879 |
| police force, or office of the constable shall file the report | 30880 |
| with the board of township trustees of the township. | 30881 |
| (d) Any park district police force or law enforcement | 30882 |
| department shall file the report with the board of park | 30883 |
| commissioners of the park district. | 30884 |
| (e) The superintendent of the state highway patrol and the | 30885 |
| tax commissioner shall file the report with the attorney general. | 30886 |
| (f) The executive director of the state board of pharmacy | 30887 |
| shall file the report with the attorney general, verifying that | 30888 |
| cash and forfeited proceeds paid into the board of pharmacy drug | 30889 |
| law enforcement fund were used only in accordance with section | 30890 |
| 4729.65 of the Revised Code. | 30891 |
| (g) The peace officer training commission shall file a report | 30892 |
| with the attorney general, verifying that cash and forfeited | 30893 |
| proceeds paid into the peace officer training commission fund | 30894 |
| pursuant to this section during the prior calendar year were used | 30895 |
| by the commission during the prior calendar year only to pay the | 30896 |
| costs of peace officer training. | 30897 |
| (D) The written internal control policy of a county sheriff, | 30898 |
| prosecutor, municipal corporation police department, township | 30899 |
| police department, township police district police force, office | 30900 |
| of the constable, or park district police force or law enforcement | 30901 |
| department shall provide that at least ten per cent of the first | 30902 |
| one hundred thousand dollars of amounts deposited during each | 30903 |
| calendar year in the agency's law enforcement trust fund under | 30904 |
| this section, and at least twenty per cent of the amounts | 30905 |
| exceeding one hundred thousand dollars that are so deposited, | 30906 |
| shall be used in connection with community preventive education | 30907 |
| programs. The manner of use shall be determined by the sheriff, | 30908 |
| prosecutor, department, police force, or office of the constable | 30909 |
| after receiving and considering advice on appropriate community | 30910 |
| preventive education programs from the county's board of alcohol, | 30911 |
| drug addiction, and mental health services, from the county's | 30912 |
| alcohol and drug addiction services board, or through appropriate | 30913 |
| community dialogue. | 30914 |
| The financial records kept under the internal control policy | 30915 |
| shall specify the amount deposited during each calendar year in | 30916 |
| the portion of that amount that was used pursuant to this | 30917 |
| division, and the programs in connection with which the portion of | 30918 |
| that amount was so used. | 30919 |
| As used in this division, "community preventive education | 30920 |
| programs" include, but are not limited to, DARE programs and other | 30921 |
| programs designed to educate adults or children with respect to | 30922 |
| the dangers associated with using drugs of abuse. | 30923 |
| (E) Upon the sale, under this section or section 2981.12 of | 30924 |
| the Revised Code, of any property that is required by law to be | 30925 |
| titled or registered, the state shall issue an appropriate | 30926 |
| certificate of title or registration to the purchaser. If the | 30927 |
| state is vested with title and elects to retain property that is | 30928 |
| required to be titled or registered under law, the state shall | 30929 |
| issue an appropriate certificate of title or registration. | 30930 |
| (F) Any failure of a law enforcement officer or agency, | 30931 |
| prosecutor, court, or the attorney general to comply with this | 30932 |
| section in relation to any property seized does not affect the | 30933 |
| validity of the seizure and shall not be considered to be the | 30934 |
| basis for suppressing any evidence resulting from the seizure, | 30935 |
| provided the seizure itself was lawful. | 30936 |
| Sec. 3105.87. The court may order a public retirement | 30937 |
| program or the Ohio public employees deferred compensation program | 30938 |
| to provide information from a participant's personal history | 30939 |
| record necessary to determine the amounts described in division | 30940 |
| (D) of section 3105.82 of the Revised Code. | 30941 |
| Sec. 3119.01. (A) As used in the Revised Code, "child | 30942 |
| support enforcement agency" means a child support enforcement | 30943 |
| agency designated under former section 2301.35 of the Revised Code | 30944 |
| prior to October 1, 1997, or a private or government entity | 30945 |
| designated as a child support enforcement agency under section | 30946 |
| 307.981 of the Revised Code. | 30947 |
| (B) As used in this chapter and Chapters 3121., 3123., and | 30948 |
| 3125. of the Revised Code: | 30949 |
| (1) "Administrative child support order" means any order | 30950 |
| issued by a child support enforcement agency for the support of a | 30951 |
| child pursuant to section 3109.19 or 3111.81 of the Revised Code | 30952 |
| or former section 3111.211 of the Revised Code, section 3111.21 of | 30953 |
| the Revised Code as that section existed prior to January 1, 1998, | 30954 |
| or section 3111.20 or 3111.22 of the Revised Code as those | 30955 |
| sections existed prior to March 22, 2001. | 30956 |
| (2) "Child support order" means either a court child support | 30957 |
| order or an administrative child support order. | 30958 |
| (3) "Obligee" means the person who is entitled to receive the | 30959 |
| support payments under a support order. | 30960 |
| (4) "Obligor" means the person who is required to pay support | 30961 |
| under a support order. | 30962 |
| (5) "Support order" means either an administrative child | 30963 |
| support order or a court support order. | 30964 |
| (C) As used in this chapter: | 30965 |
| (1) "Combined gross income" means the combined gross income | 30966 |
| of both parents. | 30967 |
| (2) "Court child support order" means any order issued by a | 30968 |
| court for the support of a child pursuant to Chapter 3115. of the | 30969 |
| Revised Code, section 2151.23, 2151.231, 2151.232, 2151.33, | 30970 |
| 2151.36, 2151.361, 2151.49, 3105.21, 3109.05, 3109.19, 3111.13, | 30971 |
| 3113.04, 3113.07, 3113.31, 3119.65, or 3119.70 of the Revised | 30972 |
| Code, or division (B) of former section 3113.21 of the Revised | 30973 |
| Code. | 30974 |
| (3) "Court support order" means either a court child support | 30975 |
| order or an order for the support of a spouse or former spouse | 30976 |
| issued pursuant to Chapter 3115. of the Revised Code, section | 30977 |
| 3105.18, 3105.65, or 3113.31 of the Revised Code, or division (B) | 30978 |
| of former section 3113.21 of the Revised Code. | 30979 |
| (4) "Extraordinary medical expenses" means any uninsured | 30980 |
| medical expenses incurred for a child during a calendar year that | 30981 |
| exceed one hundred dollars. | 30982 |
| (5) "Income" means either of the following: | 30983 |
| (a) For a parent who is employed to full capacity, the gross | 30984 |
| income of the parent; | 30985 |
| (b) For a parent who is unemployed or underemployed, the sum | 30986 |
| of the gross income of the parent and any potential income of the | 30987 |
| parent. | 30988 |
| (6) "Insurer" means any person authorized under Title XXXIX | 30989 |
| of the Revised Code to engage in the business of insurance in this | 30990 |
| state, any health insuring corporation, and any legal entity that | 30991 |
| is self-insured and provides benefits to its employees or members. | 30992 |
| (7) "Gross income" means, except as excluded in division | 30993 |
| (C)(7) of this section, the total of all earned and unearned | 30994 |
| income from all sources during a calendar year, whether or not the | 30995 |
| income is taxable, and includes income from salaries, wages, | 30996 |
| overtime pay, and bonuses to the extent described in division (D) | 30997 |
| of section 3119.05 of the Revised Code; commissions; royalties; | 30998 |
| tips; rents; dividends; severance pay; pensions; interest; trust | 30999 |
| income; annuities; social security benefits, including retirement, | 31000 |
| disability, and survivor benefits that are not means-tested; | 31001 |
| workers' compensation benefits; unemployment insurance benefits; | 31002 |
| disability insurance benefits; benefits that are not means-tested | 31003 |
| and that are received by and in the possession of the veteran who | 31004 |
| is the beneficiary for any service-connected disability under a | 31005 |
| program or law administered by the United States department of | 31006 |
| veterans' affairs or veterans' administration; spousal support | 31007 |
| actually received; and all other sources of income. "Gross income" | 31008 |
| includes income of members of any branch of the United States | 31009 |
| armed services or national guard, including, amounts representing | 31010 |
| base pay, basic allowance for quarters, basic allowance for | 31011 |
| subsistence, supplemental subsistence allowance, cost of living | 31012 |
| adjustment, specialty pay, variable housing allowance, and pay for | 31013 |
| training or other types of required drills; self-generated income; | 31014 |
| and potential cash flow from any source. | 31015 |
| "Gross income" does not include any of the following: | 31016 |
| (a) Benefits received from means-tested government | 31017 |
| administered programs, including Ohio works first; prevention, | 31018 |
| retention, and contingency; means-tested veterans' benefits; | 31019 |
|
supplemental security income; | 31020 |
| assistance program; disability financial assistance; or other | 31021 |
| assistance for which eligibility is determined on the basis of | 31022 |
| income or assets; | 31023 |
| (b) Benefits for any service-connected disability under a | 31024 |
| program or law administered by the United States department of | 31025 |
| veterans' affairs or veterans' administration that are not | 31026 |
| means-tested, that have not been distributed to the veteran who is | 31027 |
| the beneficiary of the benefits, and that are in the possession of | 31028 |
| the United States department of veterans' affairs or veterans' | 31029 |
| administration; | 31030 |
| (c) Child support received for children who were not born or | 31031 |
| adopted during the marriage at issue; | 31032 |
| (d) Amounts paid for mandatory deductions from wages such as | 31033 |
| union dues but not taxes, social security, or retirement in lieu | 31034 |
| of social security; | 31035 |
| (e) Nonrecurring or unsustainable income or cash flow items; | 31036 |
| (f) Adoption assistance and foster care maintenance payments | 31037 |
| made pursuant to Title IV-E of the "Social Security Act," 94 Stat. | 31038 |
| 501, 42 U.S.C.A. 670 (1980), as amended. | 31039 |
| (8) "Nonrecurring or unsustainable income or cash flow item" | 31040 |
| means an income or cash flow item the parent receives in any year | 31041 |
| or for any number of years not to exceed three years that the | 31042 |
| parent does not expect to continue to receive on a regular basis. | 31043 |
| "Nonrecurring or unsustainable income or cash flow item" does not | 31044 |
| include a lottery prize award that is not paid in a lump sum or | 31045 |
| any other item of income or cash flow that the parent receives or | 31046 |
| expects to receive for each year for a period of more than three | 31047 |
| years or that the parent receives and invests or otherwise uses to | 31048 |
| produce income or cash flow for a period of more than three years. | 31049 |
| (9)(a) "Ordinary and necessary expenses incurred in | 31050 |
| generating gross receipts" means actual cash items expended by the | 31051 |
| parent or the parent's business and includes depreciation expenses | 31052 |
| of business equipment as shown on the books of a business entity. | 31053 |
| (b) Except as specifically included in "ordinary and | 31054 |
| necessary expenses incurred in generating gross receipts" by | 31055 |
| division (C)(9)(a) of this section, "ordinary and necessary | 31056 |
| expenses incurred in generating gross receipts" does not include | 31057 |
| depreciation expenses and other noncash items that are allowed as | 31058 |
| deductions on any federal tax return of the parent or the parent's | 31059 |
| business. | 31060 |
| (10) "Personal earnings" means compensation paid or payable | 31061 |
| for personal services, however denominated, and includes wages, | 31062 |
| salary, commissions, bonuses, draws against commissions, profit | 31063 |
| sharing, vacation pay, or any other compensation. | 31064 |
| (11) "Potential income" means both of the following for a | 31065 |
| parent who the court pursuant to a court support order, or a child | 31066 |
| support enforcement agency pursuant to an administrative child | 31067 |
| support order, determines is voluntarily unemployed or voluntarily | 31068 |
| underemployed: | 31069 |
| (a) Imputed income that the court or agency determines the | 31070 |
| parent would have earned if fully employed as determined from the | 31071 |
| following criteria: | 31072 |
| (i) The parent's prior employment experience; | 31073 |
| (ii) The parent's education; | 31074 |
| (iii) The parent's physical and mental disabilities, if any; | 31075 |
| (iv) The availability of employment in the geographic area in | 31076 |
| which the parent resides; | 31077 |
| (v) The prevailing wage and salary levels in the geographic | 31078 |
| area in which the parent resides; | 31079 |
| (vi) The parent's special skills and training; | 31080 |
| (vii) Whether there is evidence that the parent has the | 31081 |
| ability to earn the imputed income; | 31082 |
| (viii) The age and special needs of the child for whom child | 31083 |
| support is being calculated under this section; | 31084 |
| (ix) The parent's increased earning capacity because of | 31085 |
| experience; | 31086 |
| (x) Any other relevant factor. | 31087 |
| (b) Imputed income from any nonincome-producing assets of a | 31088 |
| parent, as determined from the local passbook savings rate or | 31089 |
| another appropriate rate as determined by the court or agency, not | 31090 |
| to exceed the rate of interest specified in division (A) of | 31091 |
| section 1343.03 of the Revised Code, if the income is significant. | 31092 |
| (12) "Schedule" means the basic child support schedule set | 31093 |
| forth in section 3119.021 of the Revised Code. | 31094 |
| (13) "Self-generated income" means gross receipts received by | 31095 |
| a parent from self-employment, proprietorship of a business, joint | 31096 |
| ownership of a partnership or closely held corporation, and rents | 31097 |
| minus ordinary and necessary expenses incurred by the parent in | 31098 |
| generating the gross receipts. "Self-generated income" includes | 31099 |
| expense reimbursements or in-kind payments received by a parent | 31100 |
| from self-employment, the operation of a business, or rents, | 31101 |
| including company cars, free housing, reimbursed meals, and other | 31102 |
| benefits, if the reimbursements are significant and reduce | 31103 |
| personal living expenses. | 31104 |
| (14) "Split parental rights and responsibilities" means a | 31105 |
| situation in which there is more than one child who is the subject | 31106 |
| of an allocation of parental rights and responsibilities and each | 31107 |
| parent is the residential parent and legal custodian of at least | 31108 |
| one of those children. | 31109 |
| (15) "Worksheet" means the applicable worksheet that is used | 31110 |
| to calculate a parent's child support obligation as set forth in | 31111 |
| sections 3119.022 and 3119.023 of the Revised Code. | 31112 |
| Sec. 3119.371. (A) As used in this section: | 31113 |
| (1) "Health insurance provider" means: | 31114 |
| (a) A person authorized to engage in the business of sickness | 31115 |
| and accident insurance under Title XXXIX of the Revised Code; | 31116 |
| (b) A person or government entity providing coverage for | 31117 |
| medical services or items to individuals on a self-insurance | 31118 |
| basis; | 31119 |
| (c) A health insuring corporation as defined in section | 31120 |
| 1751.01 of the Revised Code; | 31121 |
| (d) A group health plan as defined in 29 U.S.C. 1167; | 31122 |
| (e) Any organization, business, or association described in | 31123 |
| 42 U.S.C. 1396a(a)(25); or | 31124 |
| (f) A managed care organization. | 31125 |
| (2) "Information" means all of the following: | 31126 |
| (a) An individual's name, address, date of birth, and social | 31127 |
| security number; | 31128 |
| (b) The group or plan number or other identifier assigned by | 31129 |
| a health insurance provider to a policy held by an individual or a | 31130 |
| plan in which the individual participates and the nature of the | 31131 |
| coverage; and | 31132 |
| (c) Any other data specified by the director of job and | 31133 |
| family services in rules adopted under section 3119.51 of the | 31134 |
| Revised Code. | 31135 |
| (B) Upon request of the office of child support in the | 31136 |
| department of job and family services and for the purpose of | 31137 |
| establishing and enforcing orders to provide health insurance | 31138 |
| coverage, a health insurance provider shall provide the | 31139 |
| information described in division (A)(2) of this section to the | 31140 |
| office of child support. | 31141 |
| Sec. 3119.94. (A) The director of job and family services | 31142 |
| shall adopt rules that provide for all of the following: | 31143 |
| (1) The payment to the appropriate person of any funds that a | 31144 |
| court or child support enforcement agency has impounded under | 31145 |
| section 3119.90 or 3119.92 of the Revised Code; | 31146 |
| (2) The return to the appropriate person of any other | 31147 |
| payments made pursuant to a child support order if the payments | 31148 |
| were made at any time after the child support order has been | 31149 |
| terminated pursuant to section 3119.90 or 3119.92 of the Revised | 31150 |
| Code; | 31151 |
| (3) Any other standards, forms, or procedures needed to | 31152 |
| ensure uniform implementation of sections 3119.86 to 3119.94 of | 31153 |
| the Revised Code. | 31154 |
| (B) With respect to the court order for impoundment required | 31155 |
| under division (A)(1) of section 3119.90 of the Revised Code, the | 31156 |
| director of job and family services may adopt rules that specify a | 31157 |
|
form for the order | 31158 |
| 31159 |
| Sec. 3121.03. If a court or child support enforcement | 31160 |
| agency that issued or modified a support order, or the agency | 31161 |
| administering the support order, is required by the Revised Code | 31162 |
| to issue one or more withholding or deduction notices described in | 31163 |
| this section or other orders described in this section, the court | 31164 |
| or agency shall issue one or more of the following types of | 31165 |
| notices or orders, as appropriate, for payment of the support and | 31166 |
| also, if required by the Revised Code or the court, to pay any | 31167 |
| arrearages: | 31168 |
| (A)(1) If the court or the child support enforcement agency | 31169 |
| determines that the obligor is receiving income from a payor, the | 31170 |
| court or agency shall require the payor to do all of the | 31171 |
| following: | 31172 |
| (a) Withhold from the obligor's income a specified amount for | 31173 |
| support in satisfaction of the support order and begin the | 31174 |
| withholding no later than fourteen business days following the | 31175 |
| date the notice is mailed or transmitted to the payor under | 31176 |
| section 3121.035, 3123.021, or 3123.06 of the Revised Code and | 31177 |
| division (A)(2) of this section or, if the payor is an employer, | 31178 |
| no later than the first pay period that occurs after fourteen | 31179 |
| business days following the date the notice is mailed or | 31180 |
| transmitted; | 31181 |
| (b) Send the amount withheld to the office of child support | 31182 |
| in the department of job and family services pursuant to section | 31183 |
| 3121.43 of the Revised Code immediately but not later than seven | 31184 |
| business days after the date the obligor is paid; | 31185 |
| (c) Continue the withholding at intervals specified in the | 31186 |
| notice until further notice from the court or child support | 31187 |
| enforcement agency. | 31188 |
| To the extent possible, the amount specified to be withheld | 31189 |
| shall satisfy the amount ordered for support in the support order | 31190 |
| plus any arrearages owed by the obligor under any prior support | 31191 |
| order that pertained to the same child or spouse, notwithstanding | 31192 |
| any applicable limitations of sections 2329.66, 2329.70, 2716.02, | 31193 |
| 2716.041, and 2716.05 of the Revised Code. However, in no case | 31194 |
| shall the sum of the amount to be withheld and any fee withheld by | 31195 |
| the payor as a charge for its services exceed the maximum amount | 31196 |
| permitted under section 303(b) of the "Consumer Credit Protection | 31197 |
| Act," 15 U.S.C. 1673(b). | 31198 |
| (2) A court or agency that imposes an income withholding | 31199 |
| requirement shall, within the applicable time specified in section | 31200 |
| 3119.80, 3119.81, 3121.035, 3123.021, or 3123.06 of the Revised | 31201 |
| Code, send to the obligor's payor by regular mail or via secure | 31202 |
| federally managed data transmission interface a notice that | 31203 |
| contains all of the information applicable to withholding notices | 31204 |
| set forth in section 3121.037 of the Revised Code. The notice is | 31205 |
| final and is enforceable by the court. | 31206 |
| (B)(1) If the court or child support enforcement agency | 31207 |
| determines that the obligor has funds that are not exempt under | 31208 |
| the laws of this state or the United States from execution, | 31209 |
| attachment, or other legal process and are on deposit in an | 31210 |
| account in a financial institution under the jurisdiction of the | 31211 |
| court that issued the court support order, or in the case of an | 31212 |
| administrative child support order, under the jurisdiction of the | 31213 |
| common pleas court of the county in which the agency that issued | 31214 |
| or is administering the order is located, the court or agency may | 31215 |
| require any financial institution in which the obligor's funds are | 31216 |
| on deposit to do all of the following: | 31217 |
| (a) Deduct from the obligor's account a specified amount for | 31218 |
| support in satisfaction of the support order and begin the | 31219 |
| deduction no later than fourteen business days following the date | 31220 |
| the notice was mailed or transmitted to the financial institution | 31221 |
| under section 3121.035 or 3123.06 of the Revised Code and division | 31222 |
| (B)(2) of this section; | 31223 |
| (b) Send the amount deducted to the office of child support | 31224 |
| in the department of job and family services pursuant to section | 31225 |
| 3121.43 of the Revised Code immediately but not later than seven | 31226 |
| business days after the date the latest deduction was made; | 31227 |
| (c) Provide the date on which the amount was deducted; | 31228 |
| (d) Continue the deduction at intervals specified in the | 31229 |
| notice until further notice from the court or child support | 31230 |
| enforcement agency. | 31231 |
| To the extent possible, the amount to be deducted shall | 31232 |
| satisfy the amount ordered for support in the support order plus | 31233 |
| any arrearages that may be owed by the obligor under any prior | 31234 |
| support order that pertained to the same child or spouse, | 31235 |
| notwithstanding the limitations of sections 2329.66, 2329.70, and | 31236 |
| 2716.13 of the Revised Code. | 31237 |
| (2) A court or agency that imposes a deduction requirement | 31238 |
| shall, within the applicable period of time specified in section | 31239 |
| 3119.80, 3119.81, 3121.035, or 3123.06 of the Revised Code, send | 31240 |
| to the financial institution by regular mail or via secure | 31241 |
| federally managed data transmission interface a notice that | 31242 |
| contains all of the information applicable to deduction notices | 31243 |
| set forth in section 3121.037 of the Revised Code. The notice is | 31244 |
| final and is enforceable by the court. | 31245 |
| (C) With respect to any court support order it issues, a | 31246 |
| court may issue an order requiring the obligor to enter into a | 31247 |
| cash bond with the court. The court shall issue the order as part | 31248 |
| of the court support order or, if the court support order has | 31249 |
| previously been issued, as a separate order. The cash bond shall | 31250 |
| be in a sum fixed by the court at not less than five hundred nor | 31251 |
| more than ten thousand dollars, conditioned that the obligor will | 31252 |
| make payment as previously ordered and will pay any arrearages | 31253 |
| under any prior court support order that pertained to the same | 31254 |
| child or spouse. | 31255 |
| The order, along with an additional order requiring the | 31256 |
| obligor to immediately notify the child support enforcement | 31257 |
| agency, in writing, if the obligor begins to receive income from a | 31258 |
| payor, shall be attached to and served on the obligor at the same | 31259 |
| time as service of the court support order or, if the court | 31260 |
| support order has previously been issued, as soon as possible | 31261 |
| after the issuance of the order under this section. The additional | 31262 |
| order requiring notice by the obligor shall state all of the | 31263 |
| following: | 31264 |
| (1) That when the obligor begins to receive income from a | 31265 |
| payor the obligor may request that the court cancel its bond order | 31266 |
| and instead issue a notice requiring the withholding of an amount | 31267 |
| from income for support in accordance with this section; | 31268 |
| (2) That when the obligor begins to receive income from a | 31269 |
| payor the court will proceed to collect on the bond if the court | 31270 |
| determines that payments due under the court support order have | 31271 |
| not been made and that the amount that has not been paid is at | 31272 |
| least equal to the support owed for one month under the court | 31273 |
| support order and will issue a notice requiring the withholding of | 31274 |
| an amount from income for support in accordance with this section. | 31275 |
| The notice required of the obligor shall include a description of | 31276 |
| the nature of any new employment, the name and business address of | 31277 |
| any new employer, and any other information reasonably required by | 31278 |
| the court. | 31279 |
| The court shall not order an obligor to post a cash bond | 31280 |
| under this section unless the court determines that the obligor | 31281 |
| has the ability to do so. | 31282 |
| A child support enforcement agency may not issue a cash bond | 31283 |
| order. If a child support enforcement agency is required to issue | 31284 |
| a withholding or deduction notice under this section with respect | 31285 |
| to a court support order but the agency determines that no | 31286 |
| withholding or deduction notice would be appropriate, the agency | 31287 |
| may request that the court issue a cash bond order under this | 31288 |
| section, and upon the request, the court may issue the order. | 31289 |
| (D)(1) If the obligor under a court support order is | 31290 |
| unemployed, has no income, and does not have an account at any | 31291 |
| financial institution, or on request of a child support | 31292 |
| enforcement agency under division (D)(1) or (2) of this section, | 31293 |
| the court shall issue an order requiring the obligor, if able to | 31294 |
| engage in employment, to seek employment or participate in a work | 31295 |
| activity to which a recipient of assistance under Title IV-A of | 31296 |
| the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, | 31297 |
| as amended, may be assigned as specified in section 407(d) of the | 31298 |
| "Social Security Act," 42 U.S.C.A. 607(d), as amended. The court | 31299 |
| shall include in the order a requirement that the obligor notify | 31300 |
| the child support enforcement agency on obtaining employment, | 31301 |
| obtaining any income, or obtaining ownership of any asset with a | 31302 |
| value of five hundred dollars or more. The court may issue the | 31303 |
| order regardless of whether the obligee to whom the obligor owes | 31304 |
| support is a recipient of assistance under Title IV-A of the | 31305 |
| "Social Security Act." The court shall issue the order as part of | 31306 |
| a court support order or, if a court support order has previously | 31307 |
| been issued, as a separate order. If a child support enforcement | 31308 |
| agency is required to issue a withholding or deduction notice | 31309 |
| under this section with respect to a court support order but | 31310 |
| determines that no withholding or deduction notice would be | 31311 |
| appropriate, the agency may request that the court issue a court | 31312 |
| order under division (D)(1) of this section, and, on the request, | 31313 |
| the court may issue the order. | 31314 |
| (2) If the obligor under an administrative child support | 31315 |
| order is unemployed, has no income, and does not have an account | 31316 |
| at any financial institution, the agency shall issue an | 31317 |
| administrative order requiring the obligor, if able to engage in | 31318 |
| employment, to seek employment or participate in a work activity | 31319 |
| to which a recipient of assistance under Title IV-A of the "Social | 31320 |
| Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, | 31321 |
| may be assigned as specified in section 407(d) of the "Social | 31322 |
| Security Act," 42 U.S.C.A. 607(d), as amended. The agency shall | 31323 |
| include in the order a requirement that the obligor notify the | 31324 |
| agency on obtaining employment or income, or ownership of any | 31325 |
| asset with a value of five hundred dollars or more. The agency may | 31326 |
| issue the order regardless of whether the obligee to whom the | 31327 |
| obligor owes support is a recipient of assistance under Title IV-A | 31328 |
| of the "Social Security Act." If an obligor fails to comply with | 31329 |
| an administrative order issued pursuant to division (D)(2) of this | 31330 |
| section, the agency shall submit a request to a court for the | 31331 |
| court to issue an order under division (D)(1) of this section. | 31332 |
| Sec. 3121.035. Within fifteen days after an obligor under a | 31333 |
| support order is located following issuance or modification of the | 31334 |
| support order, the court or child support enforcement agency that | 31335 |
| issued or modified the support order, or the agency, pursuant to | 31336 |
| an agreement with the court with respect to a court support order, | 31337 |
| shall do either of the following: | 31338 |
| (A) If a withholding or deduction notice described in section | 31339 |
| 3121.03 of the Revised Code is appropriate, send the notice by | 31340 |
| regular mail or via secure federally managed data transmission | 31341 |
| interface to each person required to comply with it; | 31342 |
| (B) If an order described in section 3121.03, 3121.04 to | 31343 |
| 3121.08, or 3121.12 of the Revised Code is appropriate, issue and | 31344 |
| send the appropriate order. | 31345 |
| Sec. 3121.037. (A) A withholding notice sent under section | 31346 |
| 3121.03 of the Revised Code shall contain all of the following: | 31347 |
| (1) Notice of the amount to be withheld from the obligor's | 31348 |
| income and a statement that, notwithstanding that amount, the | 31349 |
| payor may not withhold an amount for support and other purposes, | 31350 |
|
including the fee described in division
(A) | 31351 |
| section, that exceeds the maximum amounts permitted under section | 31352 |
| 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b); | 31353 |
| (2) A statement that the payor is required to send the amount | 31354 |
| withheld to the office of child support immediately, but not later | 31355 |
| than seven business days, after the obligor is paid and is | 31356 |
| required to report to the agency the date the amount was withheld; | 31357 |
| (3) A statement that the withholding shall be submitted to | 31358 |
| the state via electronic means if the employer employs more than | 31359 |
| fifty employees; | 31360 |
| (4) A statement that the withholding is binding on the payor | 31361 |
| until further notice from the court or agency; | 31362 |
| | 31363 |
| payor is subject to a fine to be determined under the law of this | 31364 |
| state for discharging the obligor from employment, refusing to | 31365 |
| employ the obligor, or taking any disciplinary action against the | 31366 |
| obligor because of the withholding requirement; | 31367 |
| | 31368 |
| accordance with the notice, the payor is liable for the | 31369 |
| accumulated amount the payor should have withheld from the | 31370 |
| obligor's income; | 31371 |
| | 31372 |
| payments made in accordance with section 3121.0311 of the Revised | 31373 |
| Code, the withholding in accordance with the notice has priority | 31374 |
| over any other legal process under the law of this state against | 31375 |
| the same income; | 31376 |
| | 31377 |
| statement that the payor is required to implement the withholding | 31378 |
| no later than fourteen business days following the date the notice | 31379 |
| was mailed or, if the payor is an employer, no later than the | 31380 |
| first pay period that occurs after fourteen business days | 31381 |
| following the date the notice was mailed, and is required to | 31382 |
| continue the withholding at the intervals specified in the notice. | 31383 |
| | 31384 |
| (a) Promptly notify the child support enforcement agency | 31385 |
| administering the support order, in writing, within ten business | 31386 |
| days after the date of any situation that occurs in which the | 31387 |
| payor ceases to pay income to the obligor in an amount sufficient | 31388 |
| to comply with the order, including termination of employment, | 31389 |
| layoff of the obligor from employment, any leave of absence of the | 31390 |
| obligor from employment without pay, termination of workers' | 31391 |
| compensation benefits, or termination of any pension, annuity, | 31392 |
| allowance, or retirement benefit; | 31393 |
| (b) Provide the agency with the obligor's last known address | 31394 |
| and, with respect to a court support order and if known, notify | 31395 |
| the agency of any new employer or income source and the name, | 31396 |
| address, and telephone number of the new employer or income | 31397 |
| source. | 31398 |
| | 31399 |
| payor do both of the following: | 31400 |
| (a) Identify in the
notice given under division
(A) | 31401 |
| this section any types of benefits other than personal earnings | 31402 |
| the obligor is receiving or is eligible to receive as a benefit of | 31403 |
| employment or as a result of the obligor's termination of | 31404 |
| employment, including, but not limited to, unemployment | 31405 |
| compensation, workers' compensation benefits, severance pay, sick | 31406 |
| leave, lump sum payments of retirement benefits or contributions, | 31407 |
| and bonuses or profit-sharing payments or distributions, and the | 31408 |
| amount of the benefits; | 31409 |
| (b) Include in the notice the obligor's last known address | 31410 |
| and telephone number, date of birth, social security number, and | 31411 |
| case number and, if known, the name and business address of any | 31412 |
| new employer of the obligor. | 31413 |
| | 31414 |
| requirement that, no later than the earlier of forty-five days | 31415 |
| before a lump sum payment is to be made or, if the obligor's right | 31416 |
| to the lump sum payment is determined less than forty-five days | 31417 |
| before it is to be made, the date on which that determination is | 31418 |
| made, the payor notify the child support enforcement agency | 31419 |
| administering the support order of any lump sum payment of any | 31420 |
| kind of one hundred fifty dollars or more that is to be paid to | 31421 |
| the obligor, hold each lump sum payment of one hundred fifty | 31422 |
| dollars or more for thirty days after the date on which it would | 31423 |
| otherwise be paid to the obligor and, on order of the court or | 31424 |
| agency that issued the support order, pay all or a specified | 31425 |
| amount of the lump sum payment to the office of child support; | 31426 |
| | 31427 |
| for support, the payor may withhold a fee from the obligor's | 31428 |
| income as a charge for its services in complying with the notice | 31429 |
| and a specification of the amount that may be withheld. | 31430 |
| (B) A deduction notice sent under section 3121.03 of the | 31431 |
| Revised Code shall contain all of the following: | 31432 |
| (1) Notice of the amount to be deducted from the obligor's | 31433 |
| account; | 31434 |
| (2) A statement that the financial institution is required to | 31435 |
| send the amount deducted to the office of child support | 31436 |
| immediately, but not later than seven business days, after the | 31437 |
| date the last deduction was made and to report to the child | 31438 |
| support enforcement agency the date on which the amount was | 31439 |
| deducted; | 31440 |
| (3) A statement that the deduction is binding on the | 31441 |
| financial institution until further notice from the court or | 31442 |
| agency; | 31443 |
| (4) A statement that the deduction in accordance with the | 31444 |
| notice has priority over any other legal process under the law of | 31445 |
| this state against the same account; | 31446 |
| (5) The date on which the notice was mailed and a statement | 31447 |
| that the financial institution is required to implement the | 31448 |
| deduction no later than fourteen business days following that date | 31449 |
| and to continue the deduction at the intervals specified in the | 31450 |
| notice; | 31451 |
| (6) A requirement that the financial institution promptly | 31452 |
| notify the child support enforcement agency administering the | 31453 |
| support order, in writing, within ten days after the date of any | 31454 |
| termination of the account from which the deduction is being made | 31455 |
| and notify the agency, in writing, of the opening of a new account | 31456 |
| at that financial institution, the account number of the new | 31457 |
| account, the name of any other known financial institutions in | 31458 |
| which the obligor has any accounts, and the numbers of those | 31459 |
| accounts; | 31460 |
| (7) A requirement that the financial institution include in | 31461 |
| all notices the obligor's last known mailing address, last known | 31462 |
| residence address, and social security number; | 31463 |
| (8) A statement that, in addition to the amount deducted for | 31464 |
| support, the financial institution may deduct a fee from the | 31465 |
| obligor's account as a charge for its services in complying with | 31466 |
| the notice and a specification of the amount that may be deducted. | 31467 |
| Sec. 3121.0311. (A) If a lump sum payment referred to in | 31468 |
|
division (A) | 31469 |
| consists of workers' compensation benefits and the obligor is | 31470 |
| represented by an attorney with respect to the obligor's workers' | 31471 |
| compensation claim, prior to issuing the notice to the child | 31472 |
| support enforcement agency required by that division, the | 31473 |
| administrator of workers' compensation, for claims involving state | 31474 |
| fund employers, or a self-insuring employer, for that employer's | 31475 |
| claims, shall notify the obligor and the obligor's attorney in | 31476 |
| writing that the obligor is subject to a support order and that | 31477 |
| the administrator or self-insuring employer, as appropriate, shall | 31478 |
| hold the lump sum payment for a period of thirty days after the | 31479 |
| administrator or self-insuring employer sends this written notice, | 31480 |
| pending receipt of the information referred to in division (B) of | 31481 |
| this section. | 31482 |
| (B) The administrator or self-insuring employer, as | 31483 |
| appropriate, shall instruct the obligor's attorney in writing to | 31484 |
| file a copy of the fee agreement signed by the obligor, along with | 31485 |
| an affidavit signed by the attorney setting forth the amount of | 31486 |
| the attorney's fee with respect to the lump sum payment award to | 31487 |
| the obligor and the amount of all necessary expenses, along with | 31488 |
| documentation of those expenses, incurred by the attorney with | 31489 |
| respect to obtaining the lump sum award. The obligor's attorney | 31490 |
| shall file the fee agreement and attorney affidavit with the | 31491 |
| administrator or self-insuring employer, as appropriate, within | 31492 |
| thirty days after the date the administrator or self-insuring | 31493 |
| employer sends the notice required by division (A) of this | 31494 |
| section. | 31495 |
| (C) Upon receipt of the fee agreement and attorney affidavit, | 31496 |
| the administrator or self-insuring employer, as appropriate, shall | 31497 |
| deduct from the lump sum payment the amount of the attorney's fee | 31498 |
| and necessary expenses and pay that amount directly to and solely | 31499 |
| in the name of the attorney within fourteen days after the fee | 31500 |
| agreement and attorney affidavit have been filed with the | 31501 |
| administrator or self-insuring employer. | 31502 |
| (D) After deducting any attorney's fee and necessary | 31503 |
| expenses, if the lump sum payment is one hundred fifty dollars or | 31504 |
| more, the administrator or self-insuring employer, as appropriate, | 31505 |
| shall hold the balance of the lump sum award in accordance with | 31506 |
|
division (A) | 31507 |
| Sec. 3121.19. (A) The entire amount withheld or deducted | 31508 |
| pursuant to a withholding or deduction notice described in section | 31509 |
| 3121.03 of the Revised Code shall be forwarded to the office of | 31510 |
| child support in the department of job and family services | 31511 |
| immediately, but not later than seven business days, after the | 31512 |
| withholding or deduction, as directed in the withholding or | 31513 |
| deduction notice. | 31514 |
| (B) An employer who employs more than fifty employees shall | 31515 |
| submit the entire amount withheld pursuant to a withholding notice | 31516 |
| described in section 3121.03 of the Revised Code by electronic | 31517 |
| transfer to the office of child support in the department of job | 31518 |
| and family services immediately, but not later than seven business | 31519 |
| days, after the withholding, as directed in the withholding | 31520 |
| notice. | 31521 |
| Sec. 3121.20. (A) A payor or financial institution required | 31522 |
| to withhold or deduct a specified amount from the income or | 31523 |
| savings of more than one obligor under a withholding or deduction | 31524 |
| notice described in section 3121.03 of the Revised Code and to | 31525 |
| forward the amounts withheld or deducted to the office of child | 31526 |
| support may combine all of the amounts to be forwarded in one | 31527 |
| payment if the payment is accompanied by a list that clearly | 31528 |
|
identifies | 31529 |
| (1) Each obligor covered by the payment | 31530 |
| (2) Each child support case, numbered as provided on the | 31531 |
| withholding or deduction notice, that is covered by the payment; | 31532 |
| (3) The portion of the payment attributable to each obligor | 31533 |
| and each case number. | 31534 |
| (B) A payor who employs more than fifty employees and who is | 31535 |
| required to submit the withholding by electronic transfer pursuant | 31536 |
| to sections 3121.037 and 3121.19 of the Revised Code shall combine | 31537 |
| all of the amounts to be forwarded in one payment. The payment | 31538 |
| shall be accompanied by information that clearly identifies all of | 31539 |
| the following: | 31540 |
| (1) Each obligor that is covered by the payment; | 31541 |
| (2) Each child support case, numbered as provided on the | 31542 |
| withholding notice issued pursuant to section 3121.03 of the | 31543 |
| Revised Code, that is covered by the payment; | 31544 |
| (3) The portion of the payment attributable to each obligor | 31545 |
| and each case number. | 31546 |
| Sec. 3121.898. The department of job and family services | 31547 |
| shall use the new hire reports it receives for any of the | 31548 |
| following purposes set forth in 42 U.S.C. 653a, as amended, | 31549 |
| including: | 31550 |
| (A) To locate individuals for the purposes of establishing | 31551 |
| paternity and for establishing, modifying, and enforcing child | 31552 |
| support orders. | 31553 |
| (B) As used in this division, "state agency" means every | 31554 |
| department, bureau, board, commission, office, or other organized | 31555 |
| body established by the constitution or laws of this state for the | 31556 |
| exercise of state government; every entity of county government | 31557 |
| that is subject to the rules of a state agency; and every | 31558 |
| contractual agent of a state agency. | 31559 |
| To make available to any state agency responsible for | 31560 |
| administering any of the following programs for purposes of | 31561 |
| verifying program eligibility: | 31562 |
| (1) Any Title IV-A program as defined in section 5101.80 of | 31563 |
| the Revised Code; | 31564 |
| (2) The medicaid program authorized by Chapter 5111. of the | 31565 |
| Revised Code; | 31566 |
| (3) The unemployment compensation program authorized by | 31567 |
| Chapter 4141. of the Revised Code; | 31568 |
| (4) The | 31569 |
| authorized by section 5101.54 of the Revised Code; | 31570 |
| (5) Any other program authorized in 42 U.S.C. 1320b-7(b), as | 31571 |
| amended. | 31572 |
| (C) The administration of the employment security program | 31573 |
| under the director of job and family services. | 31574 |
| Sec. 3123.952. A child support enforcement agency may submit | 31575 |
| the name of a delinquent obligor to the office of child support | 31576 |
| for inclusion on a poster only if all of the following apply: | 31577 |
| (A) The obligor is subject to a support order and there has | 31578 |
| been an attempt to enforce the order through a public notice, a | 31579 |
| wage withholding order, a lien on property, a financial | 31580 |
| institution deduction order, or other court-ordered procedures. | 31581 |
| (B) The department of job and family services reviewed the | 31582 |
| obligor's records and confirms the child support enforcement | 31583 |
| agency's finding that the obligor's name and photograph may be | 31584 |
| submitted to be displayed on a poster. | 31585 |
| (C) The agency does not know or is unable to verify the | 31586 |
| obligor's whereabouts. | 31587 |
| (D) The obligor is not a participant in Ohio works first or | 31588 |
| the prevention, retention, and contingency program or a recipient | 31589 |
| of disability financial assistance, supplemental security income, | 31590 |
|
or
| 31591 |
| (E) The child support enforcement agency does not have | 31592 |
| evidence that the obligor has filed for protection under the | 31593 |
| federal Bankruptcy Code, 11 U.S.C.A. 101, as amended. | 31594 |
| (F) The obligee gave written authorization to the agency to | 31595 |
| display the obligor on a poster. | 31596 |
| (G) A legal representative of the agency and a child support | 31597 |
| enforcement administrator reviewed the case. | 31598 |
| (H) The agency is able to submit to the department a | 31599 |
| description and photograph of the obligor, a statement of the | 31600 |
| possible locations of the obligor, and any other information | 31601 |
| required by the department. | 31602 |
| Sec. 3125.25. The director of job and family services shall | 31603 |
| adopt rules under Chapter 119. of the Revised Code governing the | 31604 |
| operation of support enforcement by child support enforcement | 31605 |
| agencies. The rules shall include, but shall not be limited to, | 31606 |
| 31607 |
| (A) Provisions relating to plans of cooperation between the | 31608 |
| agencies and boards of county commissioners entered into under | 31609 |
|
section 3125.12 of the Revised Code | 31610 |
| (B) Provisions for the compromise and waiver of child support | 31611 |
| arrearages owed to the state and federal government, consistent | 31612 |
| with Title IV-D of the "Social Security Act," 88 Stat. 2351 | 31613 |
| (1975), 42 U.S.C. 651 et seq., as amended; | 31614 |
| (C) Requirements for public
hearings by the agencies | 31615 |
| 31616 |
| (D) Provisions for appeals of agency decisions under | 31617 |
| procedures established by the director. | 31618 |
| Sec. 3301.041. Beginning not later than June 30, 2010, the | 31619 |
| state board of education shall broadcast live via the internet | 31620 |
| all regular and special meetings of the state board and all | 31621 |
| meetings of every committee and subcommittee of the state board. | 31622 |
| The state board shall provide access to the live video stream | 31623 |
| free of charge via the department of education's web site. The | 31624 |
| state board shall also maintain a free video archive of all | 31625 |
| broadcasted meetings that shall be accessible via the | 31626 |
| department's web site. The state board shall not broadcast | 31627 |
| executive sessions conducted in accordance with division (G) of | 31628 |
| section 121.22 of the Revised Code. | 31629 |
| The state board may consult with the Ohio government | 31630 |
| telecommunications service, and the Ohio government | 31631 |
| telecommunications service may provide technical assistance, in | 31632 |
| implementing and complying with this section. | 31633 |
| Sec. 3301.07. The state board of education shall exercise | 31634 |
| under the acts of the general assembly general supervision of the | 31635 |
| system of public education in the state. In addition to the powers | 31636 |
| otherwise imposed on the state board under the provisions of law, | 31637 |
|
the board shall have the | 31638 |
| section. | 31639 |
| (A) | 31640 |
| planning, and evaluative functions for the public schools of the | 31641 |
|
state | 31642 |
|
law | 31643 |
| (B) | 31644 |
| the improvement of public education in this state, and administer | 31645 |
| the educational policies of this state relating to public schools, | 31646 |
| and relating to instruction and instructional material, building | 31647 |
| and equipment, transportation of pupils, administrative | 31648 |
| responsibilities of school officials and personnel, and finance | 31649 |
| and organization of school districts, educational service centers, | 31650 |
| and territory. Consultative and advisory services in such matters | 31651 |
| shall be provided by the board to school districts and educational | 31652 |
|
service
centers of this state. | 31653 |
| (2) The state board also shall develop a standard of | 31654 |
| financial reporting which shall be used by all school districts | 31655 |
| and educational service centers to make their financial | 31656 |
| information available to the public in a format understandable by | 31657 |
| the average citizen and provide year-to-year comparisons for at | 31658 |
| least five years. The format shall show, among other things, | 31659 |
| district and educational service center revenue by source; | 31660 |
| expenditures for salaries, wages, and benefits of employees, | 31661 |
| showing such amounts separately for classroom teachers, other | 31662 |
| employees required to hold licenses issued pursuant to sections | 31663 |
| 3319.22 to 3319.31 of the Revised Code, and all other employees; | 31664 |
| expenditures other than for personnel, by category, including | 31665 |
| utilities, textbooks and other educational materials, equipment, | 31666 |
| permanent improvements, pupil transportation, extracurricular | 31667 |
| athletics, and other extracurricular activities; and per pupil | 31668 |
| expenditures. | 31669 |
| (C) | 31670 |
| the allocation and distribution of all state and federal funds for | 31671 |
| public school education under the provisions of law, and may | 31672 |
| prescribe such systems of accounting as are necessary and proper | 31673 |
| to this function. It may require county auditors and treasurers, | 31674 |
| boards of education, educational service center governing boards, | 31675 |
| treasurers of such boards, teachers, and other school officers and | 31676 |
| employees, or other public officers or employees, to file with it | 31677 |
| such reports as it may prescribe relating to such funds, or to the | 31678 |
| management and condition of such funds. | 31679 |
| (D) | 31680 |
| minimum standards to be applied to all elementary and secondary | 31681 |
| schools in this state for the purpose of requiring a general | 31682 |
| education of high quality. Such standards shall provide | 31683 |
| adequately for: the licensing of teachers, administrators, and | 31684 |
| other professional personnel and their assignment according to | 31685 |
| training and qualifications; efficient and effective | 31686 |
| instructional materials and equipment, including library | 31687 |
| facilities; the proper organization, administration, and | 31688 |
| supervision of each school, including regulations for preparing | 31689 |
| all necessary records and reports and the preparation of a | 31690 |
| statement of policies and objectives for each school; buildings, | 31691 |
| grounds, health and sanitary facilities and services; admission of | 31692 |
| pupils, and such requirements for their promotion from grade to | 31693 |
| grade as will assure that they are capable and prepared for the | 31694 |
| level of study to which they are certified; requirements for | 31695 |
| graduation; and such other factors as the board finds necessary. | 31696 |
| In the formulation and administration of such standards for | 31697 |
| nonpublic schools the board shall also consider the particular | 31698 |
| needs, methods and objectives of those schools, provided they do | 31699 |
| not conflict with the provision of a general education of a high | 31700 |
| quality and provided that regular procedures shall be followed for | 31701 |
| promotion from grade to grade of pupils who have met the | 31702 |
| educational requirements prescribed. | 31703 |
| (E)
| 31704 |
| curriculum information developed under section 2108.34 of the | 31705 |
| Revised Code promoting the donation of anatomical gifts pursuant | 31706 |
| to Chapter 2108. of the Revised Code and may provide the | 31707 |
| information to high schools, educational service centers, and | 31708 |
| joint vocational school district boards of education; | 31709 |
| (F) | 31710 |
| to the governor and the general assembly a report on the status, | 31711 |
| needs, and major problems of the public schools of the state, with | 31712 |
| recommendations for necessary legislative action and a ten-year | 31713 |
| projection of the state's public and nonpublic school enrollment, | 31714 |
|
by year and by
grade level | 31715 |
| (G) | 31716 |
| director of budget and management the biennial budgetary requests | 31717 |
| of the state board of education, for its agencies and for the | 31718 |
|
public schools of the
state | 31719 |
| (H) | 31720 |
| state, and local agencies concerned with the health and welfare of | 31721 |
|
children and youth of the
state | 31722 |
| (I) | 31723 |
| school districts and educational service centers, school officers, | 31724 |
| and employees as are necessary and desirable. The superintendents | 31725 |
| and treasurers of school districts and educational service centers | 31726 |
| shall certify as to the accuracy of all reports required by law or | 31727 |
| state board or state department of education rules to be submitted | 31728 |
| by the district or educational service center and which contain | 31729 |
| information necessary for calculation of state funding. Any | 31730 |
| superintendent who knowingly falsifies such report shall be | 31731 |
| subject to license revocation pursuant to section 3319.31 of the | 31732 |
| Revised Code. | 31733 |
| (J) In accordance with Chapter 119. of the Revised Code, the | 31734 |
| state board shall adopt procedures, standards, and guidelines for | 31735 |
| the education of children with disabilities pursuant to Chapter | 31736 |
| 3323. of the Revised Code, including procedures, standards, and | 31737 |
| guidelines governing programs and services operated by county | 31738 |
| boards of mental retardation and developmental disabilities | 31739 |
|
pursuant to
section
3323.09 of the Revised Code | 31740 |
| (K) For the purpose of encouraging the development of special | 31741 |
| programs of education for academically gifted children, the state | 31742 |
| board shall employ competent persons to analyze and publish data, | 31743 |
| promote research, advise and counsel with boards of education, | 31744 |
| and encourage the training of teachers in the special instruction | 31745 |
| of gifted children. The board may provide financial assistance | 31746 |
| out of any funds appropriated for this purpose to boards of | 31747 |
| education and educational service center governing boards for | 31748 |
| developing and conducting programs of education for academically | 31749 |
| gifted children. | 31750 |
| (L) | 31751 |
| schools emphasize and encourage, within existing units of study, | 31752 |
| the teaching of energy and resource conservation as recommended | 31753 |
| to each district board of education by leading business persons | 31754 |
| involved in energy production and conservation, beginning in the | 31755 |
|
primary grades | 31756 |
| (M) | 31757 |
| minimum standards requiring the use of phonics as a technique in | 31758 |
| the teaching of reading in grades kindergarten through three. In | 31759 |
| addition, the state board shall provide in-service training | 31760 |
| programs for teachers on the use of phonics as a technique in the | 31761 |
| teaching of reading in grades kindergarten through three. | 31762 |
| (N) | 31763 |
| necessary a state plan for technology to encourage and promote the | 31764 |
| use of technological advancements in educational settings. | 31765 |
| The board may adopt rules necessary for carrying out any | 31766 |
| function imposed on it by law, and may provide rules as are | 31767 |
| necessary for its government and the government of its employees, | 31768 |
| and may delegate to the superintendent of public instruction the | 31769 |
| management and administration of any function imposed on it by | 31770 |
| law. It may provide for the appointment of board members to serve | 31771 |
| on temporary committees established by the board for such purposes | 31772 |
| as are necessary. Permanent or standing committees shall not be | 31773 |
| created. | 31774 |
| Sec. 3301.075. The state board of education shall adopt | 31775 |
| rules governing the purchasing and leasing of data processing | 31776 |
| services and equipment for all local, exempted village, city, and | 31777 |
| joint vocational school districts and all educational service | 31778 |
| centers. Such rules shall include provisions for the | 31779 |
| establishment of an Ohio education computer network under | 31780 |
| procedures, guidelines, and specifications of the department of | 31781 |
| education. | 31782 |
| The department shall administer funds appropriated for the | 31783 |
| Ohio education computer network to ensure its efficient and | 31784 |
| economical operation and shall approve no more than twenty-seven | 31785 |
| information technology centers to operate concurrently. Such | 31786 |
| centers shall be approved for funding in accordance with rules of | 31787 |
| the state board adopted under this section that shall provide for | 31788 |
| the superintendent of public instruction to require the membership | 31789 |
| of each information technology center to be composed of | 31790 |
| combinations of school districts and educational service centers | 31791 |
| having sufficient students to support an efficient, economical | 31792 |
| comprehensive program of computer services to member districts and | 31793 |
| educational service centers. However, no such rule shall prohibit | 31794 |
| a school district or educational service center from receiving | 31795 |
| computer services from any information technology center | 31796 |
| established under this section or from any other public or private | 31797 |
| vendor. Each information technology center shall be organized in | 31798 |
| accordance with section 3313.92 or Chapter 167. of the Revised | 31799 |
| Code. | 31800 |
| | 31801 |
| 31802 | |
| 31803 | |
| 31804 | |
| 31805 | |
| 31806 | |
| 31807 | |
| 31808 |
| The department may approve and administer funding for | 31809 |
| programs to provide technical support, maintenance, consulting, | 31810 |
| and group purchasing services for information technology centers, | 31811 |
| school districts, educational service centers, and other client | 31812 |
| entities or governmental entities served in accordance with rules | 31813 |
| adopted by the department or as otherwise authorized by law, and | 31814 |
| to deliver to schools programs operated by the infOhio network and | 31815 |
| the technology solutions group of the management council of the | 31816 |
| Ohio education computer network. | 31817 |
| Sec. 3301.076. No information technology center established | 31818 |
| under section 3301.075 of the Revised Code shall be required to | 31819 |
| maintain an operating reserve account or fund or minimum cash | 31820 |
| balance. This section does not affect any sinking fund or other | 31821 |
| capital improvement fund the center may be required to maintain as | 31822 |
| a condition by law or contract relative to the issuance of | 31823 |
| securities. Any rule of the state board of education or other | 31824 |
| regulation or guideline of the department of education that | 31825 |
| conflicts with this section is void. | 31826 |
| Sec. 3301.0714. (A) The state board of education shall adopt | 31827 |
| rules for a statewide education management information system. The | 31828 |
| rules shall require the state board to establish guidelines for | 31829 |
| the establishment and maintenance of the system in accordance with | 31830 |
| this section and the rules adopted under this section. The | 31831 |
| guidelines shall include: | 31832 |
| (1) Standards identifying and defining the types of data in | 31833 |
| the system in accordance with divisions (B) and (C) of this | 31834 |
| section; | 31835 |
| (2) Procedures for annually collecting and reporting the data | 31836 |
| to the state board in accordance with division (D) of this | 31837 |
| section; | 31838 |
| (3) Procedures for annually compiling the data in accordance | 31839 |
| with division (G) of this section; | 31840 |
| (4) Procedures for annually reporting the data to the public | 31841 |
| in accordance with division (H) of this section. | 31842 |
| (B) The guidelines adopted under this section shall require | 31843 |
| the data maintained in the education management information system | 31844 |
| to include at least the following: | 31845 |
| (1) Student participation and performance data, for each | 31846 |
| grade in each school district as a whole and for each grade in | 31847 |
| each school building in each school district, that includes: | 31848 |
| (a) The numbers of students receiving each category of | 31849 |
| instructional service offered by the school district, such as | 31850 |
| regular education instruction, vocational education instruction, | 31851 |
| specialized instruction programs or enrichment instruction that is | 31852 |
| part of the educational curriculum, instruction for gifted | 31853 |
| students, instruction for students with disabilities, and | 31854 |
| remedial instruction. The guidelines shall require instructional | 31855 |
| services under this division to be divided into discrete | 31856 |
| categories if an instructional service is limited to a specific | 31857 |
| subject, a specific type of student, or both, such as regular | 31858 |
| instructional services in mathematics, remedial reading | 31859 |
| instructional services, instructional services specifically for | 31860 |
| students gifted in mathematics or some other subject area, or | 31861 |
| instructional services for students with a specific type of | 31862 |
| disability. The categories of instructional services required by | 31863 |
| the guidelines under this division shall be the same as the | 31864 |
| categories of instructional services used in determining cost | 31865 |
| units pursuant to division (C)(3) of this section. | 31866 |
| (b) The numbers of students receiving support or | 31867 |
| extracurricular services for each of the support services or | 31868 |
| extracurricular programs offered by the school district, such as | 31869 |
| counseling services, health services, and extracurricular sports | 31870 |
| and fine arts programs. The categories of services required by the | 31871 |
| guidelines under this division shall be the same as the categories | 31872 |
| of services used in determining cost units pursuant to division | 31873 |
| (C)(4)(a) of this section. | 31874 |
| (c) Average student grades in each subject in grades nine | 31875 |
| through twelve; | 31876 |
| (d) Academic achievement levels as assessed by the testing of | 31877 |
| student achievement under sections 3301.0710 and 3301.0711 of the | 31878 |
| Revised Code; | 31879 |
| (e) The number of students designated as having a disabling | 31880 |
| condition pursuant to division (C)(1) of section 3301.0711 of the | 31881 |
| Revised Code; | 31882 |
| (f) The numbers of students reported to the state board | 31883 |
| pursuant to division (C)(2) of section 3301.0711 of the Revised | 31884 |
| Code; | 31885 |
| (g) Attendance rates and the average daily attendance for the | 31886 |
| year. For purposes of this division, a student shall be counted as | 31887 |
| present for any field trip that is approved by the school | 31888 |
| administration. | 31889 |
| (h) Expulsion rates; | 31890 |
| (i) Suspension rates; | 31891 |
| (j) The percentage of students receiving corporal punishment; | 31892 |
| (k) Dropout rates; | 31893 |
| (l) Rates of retention in grade; | 31894 |
| (m) For pupils in grades nine through twelve, the average | 31895 |
| number of carnegie units, as calculated in accordance with state | 31896 |
| board of education rules; | 31897 |
| (n) Graduation rates, to be calculated in a manner specified | 31898 |
| by the department of education that reflects the rate at which | 31899 |
| students who were in the ninth grade three years prior to the | 31900 |
| current year complete school and that is consistent with | 31901 |
| nationally accepted reporting requirements; | 31902 |
| (o) Results of diagnostic assessments administered to | 31903 |
| kindergarten students as required under section 3301.0715 of the | 31904 |
| Revised Code to permit a comparison of the academic readiness of | 31905 |
| kindergarten students. However, no district shall be required to | 31906 |
| report to the department the results of any diagnostic assessment | 31907 |
| administered to a kindergarten student if the parent of that | 31908 |
| student requests the district not to report those results. | 31909 |
| (2) Personnel and classroom enrollment data for each school | 31910 |
| district, including: | 31911 |
| (a) The total numbers of licensed employees and nonlicensed | 31912 |
| employees and the numbers of full-time equivalent licensed | 31913 |
| employees and nonlicensed employees providing each category of | 31914 |
| instructional service, instructional support service, and | 31915 |
| administrative support service used pursuant to division (C)(3) of | 31916 |
| this section. The guidelines adopted under this section shall | 31917 |
| require these categories of data to be maintained for the school | 31918 |
| district as a whole and, wherever applicable, for each grade in | 31919 |
| the school district as a whole, for each school building as a | 31920 |
| whole, and for each grade in each school building. | 31921 |
| (b) The total number of employees and the number of full-time | 31922 |
| equivalent employees providing each category of service used | 31923 |
| pursuant to divisions (C)(4)(a) and (b) of this section, and the | 31924 |
| total numbers of licensed employees and nonlicensed employees and | 31925 |
| the numbers of full-time equivalent licensed employees and | 31926 |
| nonlicensed employees providing each category used pursuant to | 31927 |
| division (C)(4)(c) of this section. The guidelines adopted under | 31928 |
| this section shall require these categories of data to be | 31929 |
| maintained for the school district as a whole and, wherever | 31930 |
| applicable, for each grade in the school district as a whole, for | 31931 |
| each school building as a whole, and for each grade in each school | 31932 |
| building. | 31933 |
| (c) The total number of regular classroom teachers teaching | 31934 |
| classes of regular education and the average number of pupils | 31935 |
| enrolled in each such class, in each of grades kindergarten | 31936 |
| through five in the district as a whole and in each school | 31937 |
| building in the school district. | 31938 |
| (d) The number of | 31939 |
|
school
district and each school building | 31940 |
| 31941 | |
| 31942 |
| (3)(a) Student demographic data for each school district, | 31943 |
| including information regarding the gender ratio of the school | 31944 |
| district's pupils, the racial make-up of the school district's | 31945 |
| pupils, the number of limited English proficient students in the | 31946 |
| district, and an appropriate measure of the number of the school | 31947 |
| district's pupils who reside in economically disadvantaged | 31948 |
| households. The demographic data shall be collected in a manner to | 31949 |
| allow correlation with data collected under division (B)(1) of | 31950 |
| this section. Categories for data collected pursuant to division | 31951 |
| (B)(3) of this section shall conform, where appropriate, to | 31952 |
| standard practices of agencies of the federal government. | 31953 |
| (b) With respect to each student entering kindergarten, | 31954 |
| whether the student previously participated in a public preschool | 31955 |
| program, a private preschool program, or a head start program, and | 31956 |
| the number of years the student participated in each of these | 31957 |
| programs. | 31958 |
| (4) Any data required to be collected pursuant to federal | 31959 |
| law. | 31960 |
| (C) The education management information system shall include | 31961 |
| cost accounting data for each district as a whole and for each | 31962 |
| school building in each school district. The guidelines adopted | 31963 |
| under this section shall require the cost data for each school | 31964 |
| district to be maintained in a system of mutually exclusive cost | 31965 |
| units and shall require all of the costs of each school district | 31966 |
| to be divided among the cost units. The guidelines shall require | 31967 |
| the system of mutually exclusive cost units to include at least | 31968 |
| the following: | 31969 |
| (1) Administrative costs for the school district as a whole. | 31970 |
| The guidelines shall require the cost units under this division | 31971 |
| (C)(1) to be designed so that each of them may be compiled and | 31972 |
| reported in terms of average expenditure per pupil in formula ADM | 31973 |
| in the school district, as determined pursuant to section 3317.03 | 31974 |
| of the Revised Code. | 31975 |
| (2) Administrative costs for each school building in the | 31976 |
| school district. The guidelines shall require the cost units under | 31977 |
| this division (C)(2) to be designed so that each of them may be | 31978 |
| compiled and reported in terms of average expenditure per | 31979 |
| full-time equivalent pupil receiving instructional or support | 31980 |
| services in each building. | 31981 |
| (3) Instructional services costs for each category of | 31982 |
| instructional service provided directly to students and required | 31983 |
| by guidelines adopted pursuant to division (B)(1)(a) of this | 31984 |
| section. The guidelines shall require the cost units under | 31985 |
| division (C)(3) of this section to be designed so that each of | 31986 |
| them may be compiled and reported in terms of average expenditure | 31987 |
| per pupil receiving the service in the school district as a whole | 31988 |
| and average expenditure per pupil receiving the service in each | 31989 |
| building in the school district and in terms of a total cost for | 31990 |
| each category of service and, as a breakdown of the total cost, a | 31991 |
| cost for each of the following components: | 31992 |
| (a) The cost of each instructional services category required | 31993 |
| by guidelines adopted under division (B)(1)(a) of this section | 31994 |
| that is provided directly to students by a classroom teacher; | 31995 |
| (b) The cost of the instructional support services, such as | 31996 |
| services provided by a speech-language pathologist, classroom | 31997 |
| aide, multimedia aide, or librarian, provided directly to students | 31998 |
| in conjunction with each instructional services category; | 31999 |
| (c) The cost of the administrative support services related | 32000 |
| to each instructional services category, such as the cost of | 32001 |
| personnel that develop the curriculum for the instructional | 32002 |
| services category and the cost of personnel supervising or | 32003 |
| coordinating the delivery of the instructional services category. | 32004 |
| (4) Support or extracurricular services costs for each | 32005 |
| category of service directly provided to students and required by | 32006 |
| guidelines adopted pursuant to division (B)(1)(b) of this section. | 32007 |
| The guidelines shall require the cost units under division (C)(4) | 32008 |
| of this section to be designed so that each of them may be | 32009 |
| compiled and reported in terms of average expenditure per pupil | 32010 |
| receiving the service in the school district as a whole and | 32011 |
| average expenditure per pupil receiving the service in each | 32012 |
| building in the school district and in terms of a total cost for | 32013 |
| each category of service and, as a breakdown of the total cost, a | 32014 |
| cost for each of the following components: | 32015 |
| (a) The cost of each support or extracurricular services | 32016 |
| category required by guidelines adopted under division (B)(1)(b) | 32017 |
| of this section that is provided directly to students by a | 32018 |
| licensed employee, such as services provided by a guidance | 32019 |
| counselor or any services provided by a licensed employee under a | 32020 |
| supplemental contract; | 32021 |
| (b) The cost of each such services category provided directly | 32022 |
| to students by a nonlicensed employee, such as janitorial | 32023 |
| services, cafeteria services, or services of a sports trainer; | 32024 |
| (c) The cost of the administrative services related to each | 32025 |
| services category in division (C)(4)(a) or (b) of this section, | 32026 |
| such as the cost of any licensed or nonlicensed employees that | 32027 |
| develop, supervise, coordinate, or otherwise are involved in | 32028 |
| administering or aiding the delivery of each services category. | 32029 |
| (D)(1) The guidelines adopted under this section shall | 32030 |
| require school districts to collect information about individual | 32031 |
| students, staff members, or both in connection with any data | 32032 |
| required by division (B) or (C) of this section or other reporting | 32033 |
| requirements established in the Revised Code. The guidelines may | 32034 |
| also require school districts to report information about | 32035 |
| individual staff members in connection with any data required by | 32036 |
| division (B) or (C) of this section or other reporting | 32037 |
| requirements established in the Revised Code. The guidelines shall | 32038 |
| not authorize school districts to request social security numbers | 32039 |
| of individual students. The guidelines shall prohibit the | 32040 |
| reporting under this section of a student's name, address, and | 32041 |
| social security number to the state board of education or the | 32042 |
| department of education. The guidelines shall also prohibit the | 32043 |
| reporting under this section of any personally identifiable | 32044 |
| information about any student, except for the purpose of assigning | 32045 |
| the data verification code required by division (D)(2) of this | 32046 |
| section, to any other person unless such person is employed by the | 32047 |
| school district or the information technology center operated | 32048 |
| under section 3301.075 of the Revised Code and is authorized by | 32049 |
| the district or technology center to have access to such | 32050 |
| information or is employed by an entity with which the department | 32051 |
| contracts for the scoring of tests administered under section | 32052 |
| 3301.0711 or 3301.0712 of the Revised Code. The guidelines may | 32053 |
| require school districts to provide the social security numbers of | 32054 |
| individual staff members. | 32055 |
| (2) The guidelines shall provide for each school district or | 32056 |
| community school to assign a data verification code that is unique | 32057 |
| on a statewide basis over time to each student whose initial Ohio | 32058 |
| enrollment is in that district or school and to report all | 32059 |
| required individual student data for that student utilizing such | 32060 |
| code. The guidelines shall also provide for assigning data | 32061 |
| verification codes to all students enrolled in districts or | 32062 |
| community schools on the effective date of the guidelines | 32063 |
| established under this section. | 32064 |
| Individual student data shall be reported to the department | 32065 |
| through the information technology centers utilizing the code but, | 32066 |
| except as provided in sections 3310.11, 3310.42, 3310.63, | 32067 |
| 3313.978, and 3317.20 of the Revised Code, at no time shall the | 32068 |
| state board or the department have access to information that | 32069 |
| would enable any data verification code to be matched to | 32070 |
| personally identifiable student data. | 32071 |
| Each school district shall ensure that the data verification | 32072 |
| code is included in the student's records reported to any | 32073 |
| subsequent school district or community school in which the | 32074 |
| student enrolls. Any such subsequent district or school shall | 32075 |
| utilize the same identifier in its reporting of data under this | 32076 |
| section. | 32077 |
| The director of health shall request and receive, pursuant to | 32078 |
| sections 3301.0723 and 3701.62 of the Revised Code, a data | 32079 |
| verification code for a child who is receiving services under | 32080 |
| division (A)(2) of section 3701.61 of the Revised Code. | 32081 |
| (E) The guidelines adopted under this section may require | 32082 |
| school districts to collect and report data, information, or | 32083 |
| reports other than that described in divisions (A), (B), and (C) | 32084 |
| of this section for the purpose of complying with other reporting | 32085 |
| requirements established in the Revised Code. The other data, | 32086 |
| information, or reports may be maintained in the education | 32087 |
| management information system but are not required to be compiled | 32088 |
| as part of the profile formats required under division (G) of this | 32089 |
| section or the annual statewide report required under division (H) | 32090 |
| of this section. | 32091 |
| (F) Beginning with the school year that begins July 1, 1991, | 32092 |
| the board of education of each school district shall annually | 32093 |
| collect and report to the state board, in accordance with the | 32094 |
| guidelines established by the board, the data required pursuant to | 32095 |
| this section. A school district may collect and report these data | 32096 |
| notwithstanding section 2151.357 or 3319.321 of the Revised Code. | 32097 |
| (G) The state board shall, in accordance with the procedures | 32098 |
| it adopts, annually compile the data reported by each school | 32099 |
| district pursuant to division (D) of this section. The state board | 32100 |
| shall design formats for profiling each school district as a whole | 32101 |
| and each school building within each district and shall compile | 32102 |
| the data in accordance with these formats. These profile formats | 32103 |
| shall: | 32104 |
| (1) Include all of the data gathered under this section in a | 32105 |
| manner that facilitates comparison among school districts and | 32106 |
| among school buildings within each school district; | 32107 |
| (2) Present the data on academic achievement levels as | 32108 |
| assessed by the testing of student achievement maintained pursuant | 32109 |
| to division (B)(1)(d) of this section. | 32110 |
| (H)(1) The state board shall, in accordance with the | 32111 |
| procedures it adopts, annually prepare a statewide report for all | 32112 |
| school districts and the general public that includes the profile | 32113 |
| of each of the school districts developed pursuant to division (G) | 32114 |
| of this section. Copies of the report shall be sent to each school | 32115 |
| district. | 32116 |
| (2) The state board shall, in accordance with the procedures | 32117 |
| it adopts, annually prepare an individual report for each school | 32118 |
| district and the general public that includes the profiles of each | 32119 |
| of the school buildings in that school district developed pursuant | 32120 |
| to division (G) of this section. Copies of the report shall be | 32121 |
| sent to the superintendent of the district and to each member of | 32122 |
| the district board of education. | 32123 |
| (3) Copies of the reports received from the state board under | 32124 |
| divisions (H)(1) and (2) of this section shall be made available | 32125 |
| to the general public at each school district's offices. Each | 32126 |
| district board of education shall make copies of each report | 32127 |
| available to any person upon request and payment of a reasonable | 32128 |
| fee for the cost of reproducing the report. The board shall | 32129 |
| annually publish in a newspaper of general circulation in the | 32130 |
| school district, at least twice during the two weeks prior to the | 32131 |
| week in which the reports will first be available, a notice | 32132 |
| containing the address where the reports are available and the | 32133 |
| date on which the reports will be available. | 32134 |
| (I) Any data that is collected or maintained pursuant to this | 32135 |
| section and that identifies an individual pupil is not a public | 32136 |
| record for the purposes of section 149.43 of the Revised Code. | 32137 |
| (J) As used in this section: | 32138 |
| (1) "School district" means any city, local, exempted | 32139 |
| village, or joint vocational school district and, in accordance | 32140 |
| with section 3314.17 of the Revised Code, any community school. As | 32141 |
| used in division (L) of this section, "school district" also | 32142 |
| includes any educational service center or other educational | 32143 |
| entity required to submit data using the system established under | 32144 |
| this section. | 32145 |
| (2) "Cost" means any expenditure for operating expenses made | 32146 |
| by a school district excluding any expenditures for debt | 32147 |
| retirement except for payments made to any commercial lending | 32148 |
| institution for any loan approved pursuant to section 3313.483 of | 32149 |
| the Revised Code. | 32150 |
| (K) Any person who removes data from the information system | 32151 |
| established under this section for the purpose of releasing it to | 32152 |
| any person not entitled under law to have access to such | 32153 |
| information is subject to section 2913.42 of the Revised Code | 32154 |
| prohibiting tampering with data. | 32155 |
| (L)(1) In accordance with division (L)(2) of this section and | 32156 |
| the rules adopted under division (L)(10) of this section, the | 32157 |
| department of education may sanction any school district that | 32158 |
| reports incomplete or inaccurate data, reports data that does not | 32159 |
| conform to data requirements and descriptions published by the | 32160 |
| department, fails to report data in a timely manner, or otherwise | 32161 |
| does not make a good faith effort to report data as required by | 32162 |
| this section. | 32163 |
| (2) If the department decides to sanction a school district | 32164 |
| under this division, the department shall take the following | 32165 |
| sequential actions: | 32166 |
| (a) Notify the district in writing that the department has | 32167 |
| determined that data has not been reported as required under this | 32168 |
| section and require the district to review its data submission and | 32169 |
| submit corrected data by a deadline established by the department. | 32170 |
| The department also may require the district to develop a | 32171 |
| corrective action plan, which shall include provisions for the | 32172 |
| district to provide mandatory staff training on data reporting | 32173 |
| procedures. | 32174 |
| (b) Withhold up to ten per cent of the total amount of state | 32175 |
| funds due to the district for the current fiscal year and, if not | 32176 |
| previously required under division (L)(2)(a) of this section, | 32177 |
| require the district to develop a corrective action plan in | 32178 |
| accordance with that division; | 32179 |
| (c) Withhold an additional amount of up to twenty per cent of | 32180 |
| the total amount of state funds due to the district for the | 32181 |
| current fiscal year; | 32182 |
| (d) Direct department staff or an outside entity to | 32183 |
| investigate the district's data reporting practices and make | 32184 |
| recommendations for subsequent actions. The recommendations may | 32185 |
| include one or more of the following actions: | 32186 |
| (i) Arrange for an audit of the district's data reporting | 32187 |
| practices by department staff or an outside entity; | 32188 |
| (ii) Conduct a site visit and evaluation of the district; | 32189 |
| (iii) Withhold an additional amount of up to thirty per cent | 32190 |
| of the total amount of state funds due to the district for the | 32191 |
| current fiscal year; | 32192 |
| (iv) Continue monitoring the district's data reporting; | 32193 |
| (v) Assign department staff to supervise the district's data | 32194 |
| management system; | 32195 |
| (vi) Conduct an investigation to determine whether to suspend | 32196 |
| or revoke the license of any district employee in accordance with | 32197 |
| division (N) of this section; | 32198 |
| (vii) If the district is issued a report card under section | 32199 |
| 3302.03 of the Revised Code, indicate on the report card that the | 32200 |
| district has been sanctioned for failing to report data as | 32201 |
| required by this section; | 32202 |
| (viii) If the district is issued a report card under section | 32203 |
| 3302.03 of the Revised Code and incomplete or inaccurate data | 32204 |
| submitted by the district likely caused the district to receive a | 32205 |
| higher performance rating than it deserved under that section, | 32206 |
| issue a revised report card for the district; | 32207 |
| (ix) Any other action designed to correct the district's data | 32208 |
| reporting problems. | 32209 |
| (3) Any time the department takes an action against a school | 32210 |
| district under division (L)(2) of this section, the department | 32211 |
| shall make a report of the circumstances that prompted the action. | 32212 |
| The department shall send a copy of the report to the district | 32213 |
| superintendent or chief administrator and maintain a copy of the | 32214 |
| report in its files. | 32215 |
| (4) If any action taken under division (L)(2) of this section | 32216 |
| resolves a school district's data reporting problems to the | 32217 |
| department's satisfaction, the department shall not take any | 32218 |
| further actions described by that division. If the department | 32219 |
| withheld funds from the district under that division, the | 32220 |
| department may release those funds to the district, except that if | 32221 |
| the department withheld funding under division (L)(2)(c) of this | 32222 |
| section, the department shall not release the funds withheld under | 32223 |
| division (L)(2)(b) of this section and, if the department withheld | 32224 |
| funding under division (L)(2)(d) of this section, the department | 32225 |
| shall not release the funds withheld under division (L)(2)(b) or | 32226 |
| (c) of this section. | 32227 |
| (5) Notwithstanding anything in this section to the contrary, | 32228 |
| the department may use its own staff or an outside entity to | 32229 |
| conduct an audit of a school district's data reporting practices | 32230 |
| any time the department has reason to believe the district has not | 32231 |
| made a good faith effort to report data as required by this | 32232 |
| section. If any audit conducted by an outside entity under | 32233 |
| division (L)(2)(d)(i) or (5) of this section confirms that a | 32234 |
| district has not made a good faith effort to report data as | 32235 |
| required by this section, the district shall reimburse the | 32236 |
| department for the full cost of the audit. The department may | 32237 |
| withhold state funds due to the district for this purpose. | 32238 |
| (6) Prior to issuing a revised report card for a school | 32239 |
| district under division (L)(2)(d)(viii) of this section, the | 32240 |
| department may hold a hearing to provide the district with an | 32241 |
| opportunity to demonstrate that it made a good faith effort to | 32242 |
| report data as required by this section. The hearing shall be | 32243 |
| conducted by a referee appointed by the department. Based on the | 32244 |
| information provided in the hearing, the referee shall recommend | 32245 |
| whether the department should issue a revised report card for the | 32246 |
| district. If the referee affirms the department's contention that | 32247 |
| the district did not make a good faith effort to report data as | 32248 |
| required by this section, the district shall bear the full cost of | 32249 |
| conducting the hearing and of issuing any revised report card. | 32250 |
| (7) If the department determines that any inaccurate data | 32251 |
| reported under this section caused a school district to receive | 32252 |
| excess state funds in any fiscal year, the district shall | 32253 |
| reimburse the department an amount equal to the excess funds, in | 32254 |
| accordance with a payment schedule determined by the department. | 32255 |
| The department may withhold state funds due to the district for | 32256 |
| this purpose. | 32257 |
| (8) Any school district that has funds withheld under | 32258 |
| division (L)(2) of this section may appeal the withholding in | 32259 |
| accordance with Chapter 119. of the Revised Code. | 32260 |
| (9) In all cases of a disagreement between the department and | 32261 |
| a school district regarding the appropriateness of an action taken | 32262 |
| under division (L)(2) of this section, the burden of proof shall | 32263 |
| be on the district to demonstrate that it made a good faith effort | 32264 |
| to report data as required by this section. | 32265 |
| (10) The state board of education shall adopt rules under | 32266 |
| Chapter 119. of the Revised Code to implement division (L) of this | 32267 |
| section. | 32268 |
| (M) No information technology center or school district shall | 32269 |
| acquire, change, or update its student administration software | 32270 |
| package to manage and report data required to be reported to the | 32271 |
| department unless it converts to a student software package that | 32272 |
| is certified by the department. | 32273 |
| (N) The state board of education, in accordance with sections | 32274 |
| 3319.31 and 3319.311 of the Revised Code, may suspend or revoke a | 32275 |
| license as defined under division (A) of section 3319.31 of the | 32276 |
| Revised Code that has been issued to any school district employee | 32277 |
| found to have willfully reported erroneous, inaccurate, or | 32278 |
| incomplete data to the education management information system. | 32279 |
| (O) No person shall release or maintain any information about | 32280 |
| any student in violation of this section. Whoever violates this | 32281 |
| division is guilty of a misdemeanor of the fourth degree. | 32282 |
| (P) The department shall disaggregate the data collected | 32283 |
| under division (B)(1)(o) of this section according to the race | 32284 |
| and socioeconomic status of the students assessed. No data | 32285 |
| collected under that division shall be included on the report | 32286 |
| cards required by section 3302.03 of the Revised Code. | 32287 |
| (Q) If the department cannot compile any of the information | 32288 |
| required by division (C)(5) of section 3302.03 of the Revised Code | 32289 |
| based upon the data collected under this section, the department | 32290 |
| shall develop a plan and a reasonable timeline for the collection | 32291 |
| of any data necessary to comply with that division. | 32292 |
| Sec. 3301.0715. (A) Except as provided in division (E) of | 32293 |
| this section, the board of education of each city, local, and | 32294 |
| exempted village school district shall administer each applicable | 32295 |
| diagnostic assessment developed and provided to the district in | 32296 |
| accordance with section 3301.079 of the Revised Code to the | 32297 |
| following: | 32298 |
| (1) Each student enrolled in a building that has failed to | 32299 |
| make adequate yearly progress for two or more consecutive school | 32300 |
| years; | 32301 |
| (2) Any student who transfers into the district or to a | 32302 |
| different school within the district if each applicable diagnostic | 32303 |
| assessment was not administered by the district or school the | 32304 |
| student previously attended in the current school year, within | 32305 |
| thirty days after the date of transfer. If the district or school | 32306 |
| into which the student transfers cannot determine whether the | 32307 |
| student has taken any applicable diagnostic assessment in the | 32308 |
| current school year, the district or school may administer the | 32309 |
| diagnostic assessment to the student. | 32310 |
| (3) Each kindergarten student, not earlier than four weeks | 32311 |
| prior to the first day of school and not later than the first day | 32312 |
| of October. For the purpose of division (A)(3) of this section, | 32313 |
| the district shall administer the kindergarten readiness | 32314 |
| assessment provided by the department of education. In no case | 32315 |
| shall the results of the readiness assessment be used to prohibit | 32316 |
| a student from enrolling in kindergarten. | 32317 |
| (4) Each student enrolled in first or second grade. | 32318 |
| (B) Each district board shall administer each diagnostic | 32319 |
| assessment as the board deems appropriate. However, the board | 32320 |
| shall administer any diagnostic assessment at least once annually | 32321 |
| to all students in the appropriate grade level. A district board | 32322 |
| may administer any diagnostic assessment in the fall and spring of | 32323 |
| a school year to measure the amount of academic growth | 32324 |
| attributable to the instruction received by students during that | 32325 |
| school year. | 32326 |
| (C) Each district board shall utilize and score any | 32327 |
| diagnostic assessment administered under division (A) of this | 32328 |
| section in accordance with rules established by the department. | 32329 |
| Except as required by division (B)(1)(o) of section 3301.0714 of | 32330 |
| the Revised Code, neither the state board of education nor the | 32331 |
| department shall require school districts to report the results of | 32332 |
| diagnostic assessments for any students to the department or to | 32333 |
| make any such results available in any form to the public. After | 32334 |
| the administration of any diagnostic assessment, each district | 32335 |
| shall provide a student's completed diagnostic assessment, the | 32336 |
| results of such assessment, and any other accompanying documents | 32337 |
| used during the administration of the assessment to the parent of | 32338 |
| that student upon the parent's request. | 32339 |
| (D) Each district board shall provide intervention services | 32340 |
| to students whose diagnostic assessments show that they are | 32341 |
| failing to make satisfactory progress toward attaining the | 32342 |
| academic standards for their grade level. | 32343 |
| (E) Any district that made adequate yearly progress in the | 32344 |
| immediately preceding school year may assess student progress in | 32345 |
| grades one through three using a diagnostic assessment other than | 32346 |
| the diagnostic assessment required by division (A) of this | 32347 |
| section. | 32348 |
| (F) A district board may administer the third grade writing | 32349 |
| diagnostic assessment provided to the district in accordance with | 32350 |
| section 3301.079 of the Revised Code to any student enrolled in a | 32351 |
| building that is not subject to division (A)(1) of this section. | 32352 |
| Any district electing to administer the diagnostic assessment to | 32353 |
| students under this division shall provide intervention services | 32354 |
| to any such student whose diagnostic assessment shows | 32355 |
| unsatisfactory progress toward attaining the academic standards | 32356 |
| for the student's grade level. | 32357 |
| (G) As used in this section, "adequate yearly progress" has | 32358 |
| the same meaning as in section 3302.01 of the Revised Code. | 32359 |
| Sec. 3301.0719. (A) As used in this section, "business | 32360 |
| education" includes, but is not limited to, accounting, career | 32361 |
| development, economics and personal finance, entrepreneurship, | 32362 |
| information technology, management, and marketing. | 32363 |
| (B) Not later than July 1, 2010, the state board of education | 32364 |
| shall adopt standards for business education in grades | 32365 |
| kindergarten through twelve. The standards shall incorporate | 32366 |
| existing business education standards as appropriate to help guide | 32367 |
| instruction in the state's schools. The department shall provide | 32368 |
| the standards, and any revisions of the standards, to all school | 32369 |
| districts and community schools established under Chapter 3314. of | 32370 |
| the Revised Code. Any school district or community school may | 32371 |
| utilize the standards. Standards adopted under this division shall | 32372 |
| supplement, and not supersede, academic content standards adopted | 32373 |
| under section 3301.079 of the Revised Code. | 32374 |
| Sec. 3301.12. (A) The superintendent of public instruction | 32375 |
| in addition to the authority otherwise imposed on the | 32376 |
| superintendent, shall perform the following duties: | 32377 |
| (1) The superintendent shall provide technical and | 32378 |
| professional assistance and advice to all school districts in | 32379 |
| reference to all aspects of education, including finance, | 32380 |
| buildings and equipment, administration, organization of school | 32381 |
| districts, curriculum and instruction, transportation of pupils, | 32382 |
| personnel problems, and the interpretation of school laws and | 32383 |
| state regulations. | 32384 |
| (2) The superintendent shall prescribe and require the | 32385 |
| preparation and filing of such financial and other reports from | 32386 |
| school districts, officers, and employees as are necessary or | 32387 |
| proper. The superintendent shall prescribe and require the | 32388 |
| installation by school districts of such standardized reporting | 32389 |
| forms and accounting procedures as are essential to the | 32390 |
| businesslike operations of the public schools of the state. | 32391 |
| (3) The superintendent shall conduct such studies and | 32392 |
| research projects as are necessary or desirable for the | 32393 |
| improvement of public school education in Ohio, and such as may be | 32394 |
| assigned to the superintendent by the state board of education. | 32395 |
| Such studies and projects may include analysis of data contained | 32396 |
| in the education management information system established under | 32397 |
| section 3301.0714 of the Revised Code. For any study or project | 32398 |
| that requires the analysis of individual student data, the | 32399 |
| department of education or any entity with which the | 32400 |
| superintendent or department contracts to conduct the study or | 32401 |
| project shall maintain the confidentiality of student data at all | 32402 |
| times. For this purpose, the department or contracting entity | 32403 |
| shall use the data verification code assigned pursuant to division | 32404 |
| (D)(2) of section 3301.0714 of the Revised Code for each student | 32405 |
| whose data is analyzed. Except as otherwise provided in division | 32406 |
| (D)(1) of section 3301.0714 of the Revised Code, at no time shall | 32407 |
| the superintendent, the department, the state board of education, | 32408 |
| or any entity conducting a study or research project on the | 32409 |
| superintendent's behalf have access to a student's name, address, | 32410 |
| or social security number while analyzing individual student data. | 32411 |
| (4) The superintendent shall prepare and submit annually to | 32412 |
| the state board of education a report of the activities of the | 32413 |
| department of education and the status, problems, and needs of | 32414 |
| education in the state of Ohio. | 32415 |
| (5) The superintendent shall supervise all agencies over | 32416 |
| which the board exercises administrative control, including | 32417 |
| schools for education of persons with disabilities. | 32418 |
| (6) In accordance with section 3333.048 of the Revised Code, | 32419 |
| the superintendent, jointly with the chancellor of the Ohio board | 32420 |
| of regents, shall establish metrics and courses of study for | 32421 |
| institutions of higher education that prepare educators and other | 32422 |
| school personnel and shall provide for inspection of those | 32423 |
| institutions. | 32424 |
| (B) The superintendent of public instruction may annually | 32425 |
| inspect and analyze the expenditures of each school district and | 32426 |
| make a determination as to the efficiency of each district's | 32427 |
| costs, relative to other school districts in the state, for | 32428 |
| instructional, administrative, and student support services. The | 32429 |
| superintendent shall notify each school district as to the nature | 32430 |
| of, and reasons for, the determination. The state board of | 32431 |
| education shall adopt rules in accordance with Chapter 119. of the | 32432 |
| Revised Code setting forth the procedures and standards for the | 32433 |
| performance of the inspection and analysis. | 32434 |
| Sec. 3301.122. Not later than December 1, 2009, the | 32435 |
| superintendent of public instruction shall develop a ten-year | 32436 |
| strategic plan aligned with the strategic plan for higher | 32437 |
| education developed by the chancellor under division (D) of | 32438 |
| Section 375.30.25 of Am. Sub. H.B. 119 of the 127th general | 32439 |
| assembly. The superintendent shall submit the plan to the general | 32440 |
| assembly, in accordance with section 101.68 of the Revised Code, | 32441 |
| and to the governor. The plan shall include recommendations for: | 32442 |
| (A) A framework for collaborative, professional, innovative, | 32443 |
| and thinking twenty-first century learning environments; | 32444 |
| (B) Ways to prepare and support Ohio's educators for | 32445 |
| successful instructional careers; | 32446 |
| (C) Enhancement of the current financial and resource | 32447 |
| management accountability systems; | 32448 |
| (D) Implementation of an effective school funding system | 32449 |
| according to the principles, mandates, and guidance established in | 32450 |
| Chapter 3306. of the Revised Code. | 32451 |
| Sec. 3301.16. Pursuant to standards prescribed by the state | 32452 |
| board of education as provided in division (D) of section 3301.07 | 32453 |
| of the Revised Code, the state board shall classify and charter | 32454 |
| school districts and individual schools within each district | 32455 |
| except that no charter shall be granted to a nonpublic school | 32456 |
| unless pursuant to division (K) of section 3301.0711 of the | 32457 |
| Revised Code the school elects to administer the tests prescribed | 32458 |
| by division (B) of section 3301.0710 of the Revised Code | 32459 |
| beginning July 1, 1995. | 32460 |
| In the course of considering the charter of a new school | 32461 |
| district created under section 3311.26 or 3311.38 of the Revised | 32462 |
| Code, the state board shall require the party proposing creation | 32463 |
| of the district to submit to the board a map, certified by the | 32464 |
| county auditor of the county in which the proposed new district is | 32465 |
| located, showing the boundaries of the proposed new district. In | 32466 |
| the case of a proposed new district located in more than one | 32467 |
| county, the map shall be certified by the county auditor of each | 32468 |
| county in which the proposed district is located. | 32469 |
| The state board shall revoke the charter of any school | 32470 |
| district or school which fails to meet the standards for | 32471 |
| elementary and high schools as prescribed by the board. The state | 32472 |
| board shall also revoke the charter of any nonpublic school that | 32473 |
| does not comply with section 3313.612 of the Revised Code or, on | 32474 |
| or after July 1, 1995, does not participate in the testing program | 32475 |
| prescribed by division (B) of section 3301.0710 of the Revised | 32476 |
| Code. | 32477 |
| In the issuance and revocation of school district or school | 32478 |
| charters, the state board shall be governed by the provisions of | 32479 |
| Chapter 119. of the Revised Code. | 32480 |
| No school district, or individual school operated by a school | 32481 |
| district, shall operate without a charter issued by the state | 32482 |
| board under this section. | 32483 |
| In case a school district charter is revoked pursuant to this | 32484 |
| section, the state board may dissolve the school district and | 32485 |
| transfer its territory to one or more adjacent districts. An | 32486 |
| equitable division of the funds, property, and indebtedness of the | 32487 |
| school district shall be made by the state board among the | 32488 |
| receiving districts. The board of education of a receiving | 32489 |
| district shall accept such territory pursuant to the order of the | 32490 |
| state board. Prior to dissolving the school district, the state | 32491 |
| board shall notify the appropriate educational service center | 32492 |
| governing board and all adjacent school district boards of | 32493 |
| education of its intention to do so. Boards so notified may make | 32494 |
| recommendations to the state board regarding the proposed | 32495 |
| dissolution and subsequent transfer of territory. Except as | 32496 |
| provided in section 3301.161 of the Revised Code, the transfer | 32497 |
| ordered by the state board shall become effective on the date | 32498 |
| specified by the state board, but the date shall be at least | 32499 |
| thirty days following the date of issuance of the order. | 32500 |
| A high school is one of higher grade than an elementary | 32501 |
| school, in which instruction and training are given in accordance | 32502 |
| with sections 3301.07 and 3313.60 of the Revised Code and which | 32503 |
| also offers other subjects of study more advanced than those | 32504 |
| taught in the elementary schools and such other subjects as may be | 32505 |
| approved by the state board of education. | 32506 |
| An elementary school is one in which instruction and training | 32507 |
| are given in accordance with sections 3301.07 and 3313.60 of the | 32508 |
| Revised Code and which offers such other subjects as may be | 32509 |
| approved by the state board of education. In districts wherein a | 32510 |
| junior high school is maintained, the elementary schools in that | 32511 |
| district may be considered to include only the work of the first | 32512 |
| six school years inclusive, plus the kindergarten year. | 32513 |
| A high school or an elementary school may consist of less | 32514 |
| than one or more than one organizational unit, as defined in | 32515 |
| sections 3306.02 and 3306.04 of the Revised Code. | 32516 |
| Sec. 3301.163. (A)(1) This section applies to any school | 32517 |
| operated by a school district that meets one of the following | 32518 |
| criteria after July 1, 2009: | 32519 |
| (a) The school does not offer a grade level higher than three | 32520 |
| and has been declared to be in a state of academic emergency under | 32521 |
| section 3302.03 of the Revised Code for three of the four most | 32522 |
| recent school years. | 32523 |
| (b) The school satisfies all of the following conditions: | 32524 |
| (i) The school offers any of grade levels four to eight but | 32525 |
| does not offer a grade level higher than nine. | 32526 |
| (ii) The school has been declared to be in a state of | 32527 |
| academic emergency under section 3302.03 of the Revised Code for | 32528 |
| two of the three most recent school years. | 32529 |
| (iii) In at least two of the three most recent school years, | 32530 |
| the school showed less than one standard year of academic growth | 32531 |
| in either reading or mathematics, as determined by the department | 32532 |
| of education in accordance with rules adopted under division (A) | 32533 |
| of section 3302.021 of the Revised Code. | 32534 |
| (c) The school offers any of grade levels ten to twelve and | 32535 |
| has been declared to be in a state of academic emergency under | 32536 |
| section 3302.03 of the Revised Code for three of the four most | 32537 |
| recent school years. | 32538 |
| (2) This section does not apply to any school in which a | 32539 |
| majority of the students are enrolled in a dropout prevention and | 32540 |
| recovery program that is operated by the school and that has been | 32541 |
| granted a waiver under section 3301.164 of the Revised Code. | 32542 |
| (B) The state board of education shall revoke the charter | 32543 |
| issued under section 3301.16 of the Revised Code of any school | 32544 |
| operated by a school district to which this section applies | 32545 |
| effective at the conclusion of the school year in which the school | 32546 |
| first becomes subject to this section. | 32547 |
| (C) If the revocation of a school's charter under this | 32548 |
| section causes a school district to no longer maintain all grades | 32549 |
| kindergarten through twelve, as required by section 3311.29 of the | 32550 |
| Revised Code, the district board of education shall enter into a | 32551 |
| contract with another school district pursuant to section 3327.04 | 32552 |
| of the Revised Code for enrollment of students in the schools of | 32553 |
| that other district to the extent necessary to comply with the | 32554 |
| requirement of section 3311.29 of the Revised Code. | 32555 |
| Notwithstanding any provision of the Revised Code to the contrary, | 32556 |
| if the district board enters into and maintains a contract under | 32557 |
| section 3327.04 of the Revised Code, the district shall not be | 32558 |
| considered to have failed to comply with the requirement of | 32559 |
| section 3311.29 of the Revised Code. If, however, the district | 32560 |
| board fails to or is unable to enter into or maintain such a | 32561 |
| contract, the state board shall take all necessary actions to | 32562 |
| dissolve the district as provided in division (A) of section | 32563 |
| 3311.29 of the Revised Code. | 32564 |
| Sec. 3301.164. Section 3301.163 of the Revised Code does not | 32565 |
| apply to any school in which a majority of the students are | 32566 |
| enrolled in a dropout prevention and recovery program that is | 32567 |
| operated by the school and that has been granted a waiver by the | 32568 |
| department of education. The department shall grant a waiver to a | 32569 |
| dropout prevention and recovery program, within sixty days after | 32570 |
| the program applies for the waiver, if the program meets all of | 32571 |
| the following conditions: | 32572 |
| (A) The program serves only students not younger than sixteen | 32573 |
| years of age and not older than twenty-one years of age. | 32574 |
| (B) The program enrolls students who, at the time of their | 32575 |
| initial enrollment, either, or both, are at least one grade level | 32576 |
| behind their cohort age groups or experience crises that | 32577 |
| significantly interfere with their academic progress such that | 32578 |
| they are prevented from continuing their traditional programs. | 32579 |
| (C) The program requires students to attain at least the | 32580 |
| applicable score designated for each of the assessments prescribed | 32581 |
| under division (B)(1) of section 3301.0710 of the Revised Code | 32582 |
| or, to the extent prescribed by rule of the state board of | 32583 |
| education under division (E)(6) of section 3301.0712 of the | 32584 |
| Revised Code, division (B)(2) of that section. | 32585 |
| (D) The program develops an individual career plan for the | 32586 |
| student that specifies the student's matriculating to a two-year | 32587 |
| degree program, acquiring a business and industry credential, or | 32588 |
| entering an apprenticeship. | 32589 |
| (E) The program provides counseling and support for the | 32590 |
| student related to the plan developed under division (D) of this | 32591 |
| section during the remainder of the student's high school | 32592 |
| experience. | 32593 |
| (F) Prior to receiving the waiver, the program has submitted | 32594 |
| to the department an instructional plan that demonstrates how the | 32595 |
| academic content standards adopted by the state board of education | 32596 |
| under section 3301.079 of the Revised Code will be taught and | 32597 |
| assessed. | 32598 |
| If the department does not act either to grant the waiver or | 32599 |
| to reject the program application for the waiver within sixty days | 32600 |
| as required under this section, the waiver shall be considered to | 32601 |
| be granted. | 32602 |
| Sec. 3301.42. The partnership for continued learning shall | 32603 |
| promote systemic approaches to education by supporting regional | 32604 |
| efforts to foster collaboration among providers of preschool | 32605 |
| through postsecondary education, identifying the workforce needs | 32606 |
| of private sector employers in the state, and making | 32607 |
| recommendations for facilitating collaboration among providers of | 32608 |
| preschool through postsecondary education and for maintaining a | 32609 |
| high-quality workforce in the state. Copies of the recommendations | 32610 |
| shall be provided to the governor, the president and minority | 32611 |
| leader of the senate, the speaker and minority leader of the house | 32612 |
| of representatives, the chairpersons and ranking minority members | 32613 |
| of the standing committees of the senate and the house of | 32614 |
| representatives that consider education legislation, the | 32615 |
| 32616 | |
| president of the state board of education. The recommendations | 32617 |
| shall address at least the following issues: | 32618 |
| (A) Expansion of access to preschool and other learning | 32619 |
| opportunities for children under five years old; | 32620 |
| (B) Increasing opportunities for students to earn credit | 32621 |
| toward a degree from an institution of higher education while | 32622 |
| enrolled in high school, including expanded opportunities for | 32623 |
| students to earn that credit on their high school campuses; a | 32624 |
| definition of "in good standing" for purposes of section 3313.6013 | 32625 |
| of the Revised Code; and legislative changes that the partnership, | 32626 |
| in consultation with the Ohio board of regents and the state board | 32627 |
| of education, determines would improve the operation of the | 32628 |
| post-secondary enrollment options program established under | 32629 |
| Chapter 3365. of the Revised Code and other dual enrollment | 32630 |
| programs. The recommendations for legislative changes required by | 32631 |
| this division shall be issued not later than May 31, 2007. | 32632 |
| (C) Expansion of access to workforce development programs | 32633 |
| administered by school districts, institutions of higher | 32634 |
| education, and other providers of career-technical education; | 32635 |
| (D) Alignment of the statewide academic standards for grades | 32636 |
| nine through twelve adopted under section 3301.079 of the Revised | 32637 |
| Code, the Ohio graduation tests prescribed by division (B) of | 32638 |
| section 3301.0710 of the Revised Code, and the curriculum | 32639 |
| requirements for a high school diploma prescribed by section | 32640 |
| 3313.603 of the Revised Code with the expectations of employers | 32641 |
| and institutions of higher education regarding the knowledge and | 32642 |
| skills that high school graduates should attain prior to entering | 32643 |
| the workforce or enrolling in an institution of higher education; | 32644 |
| (E) Improving the science and mathematics skills of students | 32645 |
| and employees to meet the needs of a knowledge-intensive economy; | 32646 |
| (F) Reducing the number of students who need academic | 32647 |
| remediation after enrollment in an institution of higher | 32648 |
| education; | 32649 |
| (G) Expansion of school counseling career and educational | 32650 |
| programs, access programs, and other strategies to overcome | 32651 |
| financial, cultural, and organizational barriers that interfere | 32652 |
| with students' planning for postsecondary education and that | 32653 |
| prevent students from obtaining a postsecondary education; | 32654 |
| (H) Alignment of teacher preparation programs approved by the | 32655 |
| 32656 | |
|
pursuant to section | 32657 |
| instructional needs and expectations of school districts; | 32658 |
| (I) Strategies for retaining more graduates of Ohio | 32659 |
| institutions of higher education in the state and for attracting | 32660 |
| talented individuals from outside Ohio to work in the state; | 32661 |
| (J) Strategies for promoting lifelong continuing education as | 32662 |
| a component of maintaining a strong workforce and economy; | 32663 |
| (K) Appropriate measures of the impact of statewide efforts | 32664 |
| to promote collaboration among providers of preschool through | 32665 |
| postsecondary education and to develop a high-quality workforce | 32666 |
| and strategies for collecting and sharing data relevant to such | 32667 |
| measures; | 32668 |
| (L) Strategies for developing and improving opportunities and | 32669 |
| for removing barriers to achievement for children identified as | 32670 |
| gifted under Chapter 3324. of the Revised Code; | 32671 |
| (M) Legislative changes to establish criteria by which state | 32672 |
| universities may waive the general requirement, under division (B) | 32673 |
| of section 3345.06 of the Revised Code, that a student complete | 32674 |
| the Ohio core curriculum to be admitted as an undergraduate. The | 32675 |
| partnership at least shall consider criteria for waiving the | 32676 |
| requirement for students who have served in the military and | 32677 |
| students who entered ninth grade on or after July 1, 2010, in | 32678 |
| another state and moved to Ohio prior to high school graduation. | 32679 |
| The recommendations for legislative changes under this division | 32680 |
| shall be developed in consultation with the Ohio board of regents | 32681 |
| and shall be issued not later than July 1, 2007. | 32682 |
| Sec. 3301.56. (A) The director of each preschool program | 32683 |
| shall be responsible for the following: | 32684 |
| (1) Ensuring that the health and safety of the children are | 32685 |
| safeguarded by an organized program of school health services | 32686 |
| designed to identify child health problems and to coordinate | 32687 |
| school and community health resources for children, as evidenced | 32688 |
| by but not limited to: | 32689 |
| (a) Requiring immunization and compliance with emergency | 32690 |
| medical authorization requirements in accordance with rules | 32691 |
| adopted by the state board of education under section 3301.53 of | 32692 |
| the Revised Code; | 32693 |
| (b) Providing procedures for emergency situations, including | 32694 |
| fire drills, rapid dismissals, tornado drills, and school safety | 32695 |
| drills in accordance with section 3737.73 of the Revised Code, and | 32696 |
| keeping records of such drills or dismissals; | 32697 |
| (c) Posting emergency procedures in preschool rooms and | 32698 |
| making them available to school personnel, children, and parents; | 32699 |
| (d) Posting emergency numbers by each telephone; | 32700 |
| (e) Supervising grounds, play areas, and other facilities | 32701 |
| when scheduled for use by children; | 32702 |
| (f) Providing first-aid facilities and materials. | 32703 |
| (2) Maintaining cumulative records for each child; | 32704 |
| (3) Supervising each child's admission, placement, and | 32705 |
| withdrawal according to established procedures; | 32706 |
| (4) Preparing at least once annually for each group of | 32707 |
| children in the program a roster of names and telephone numbers of | 32708 |
| parents, guardians, and custodians of children in the group and, | 32709 |
| on request, furnishing the roster for each group to the parents, | 32710 |
| guardians, and custodians of children in that group. The director | 32711 |
| may prepare a similar roster of all children in the program and, | 32712 |
| on request, make it available to the parents, guardians, and | 32713 |
| custodians, of children in the program. The director shall not | 32714 |
| include in either roster the name or telephone number of any | 32715 |
| parent, guardian, or custodian who requests that the parent's, | 32716 |
| guardian's, or custodian's name or number not be included, and | 32717 |
| shall not furnish any roster to any person other than a parent, | 32718 |
| guardian, or custodian of a child in the program. | 32719 |
| (5) Ensuring that clerical and custodial services are | 32720 |
| provided for the program; | 32721 |
| (6) Supervising the instructional program and the daily | 32722 |
| operation of the program; | 32723 |
| (7) Supervising and evaluating preschool staff members | 32724 |
| according to a planned sequence of observations and evaluation | 32725 |
| conferences, and supervising nonteaching employees. | 32726 |
| (B)(1) In each program the maximum number of children per | 32727 |
| preschool staff member and the maximum group size by age category | 32728 |
| of children shall be as follows: | 32729 |
| Maximum | 32730 | |||||
| Group | Staff Member/ | 32731 | ||||
| Age Group | Size | Child Ratio | 32732 | |||
| Birth to less than 12 months | 12 | 1:5, or 2:12 if | 32733 | |||
| two preschool | 32734 | |||||
| staff members | 32735 | |||||
| are in the room | 32736 | |||||
| 12 months to less than 18 months | 12 | 1:6 | 32737 | |||
| 18 months to less than 30 months | 14 | 1:7 | 32738 | |||
| 30 months to less than 3 years | 16 | 1:8 | 32739 | |||
| 3-year-olds | 24 | 1:12 | 32740 | |||
| 4- and 5-year-olds not in school | 28 | 1:14 | 32741 |
| (2) When age groups are combined, the maximum number of | 32742 |
| children per preschool staff member shall be determined by the age | 32743 |
| of the youngest child in the group, except that when no more than | 32744 |
| one child thirty months of age or older receives child care in a | 32745 |
| group in which all the other children are in the next older age | 32746 |
| group, the maximum number of children per child-care staff member | 32747 |
| and maximum group size requirements of the older age group | 32748 |
| established under division (B)(1) of this section shall apply. | 32749 |
| (3) In a room where children are napping, if all the children | 32750 |
| are at least eighteen months of age, the maximum number of | 32751 |
| children per preschool staff member shall, for a period not to | 32752 |
| exceed one and one-half hours in any twenty-four hour day, be | 32753 |
| twice the maximum number of children per preschool staff member | 32754 |
| established under division (B)(1) of this section if all the | 32755 |
| following criteria are met: | 32756 |
| (a) At least one preschool staff member is present in the | 32757 |
| room; | 32758 |
| (b) Sufficient preschool staff members are present on the | 32759 |
| preschool program premises to comply with division (B)(1) of this | 32760 |
| section; | 32761 |
| (c) Naptime preparations have been completed and the children | 32762 |
| are resting or napping. | 32763 |
| (4) Any accredited program that uses the Montessori method | 32764 |
| endorsed by the American Montessori society or the association | 32765 |
| Montessori internationale as its primary method of instruction and | 32766 |
| is licensed as a preschool program under section 3301.58 of the | 32767 |
| Revised Code may combine preschool children of ages three to five | 32768 |
| years old with children enrolled in kindergarten. Notwithstanding | 32769 |
| anything to the contrary in division (B)(2) of this section, when | 32770 |
| such age groups are combined, the maximum number of children per | 32771 |
|
preschool staff member | 32772 |
|
shall be | 32773 |
| standards of the society or association. | 32774 |
| (C) In each building in which a preschool program is operated | 32775 |
| there shall be on the premises, and readily available at all | 32776 |
| times, at least one employee who has completed a course in first | 32777 |
| aid and in the prevention, recognition, and management of | 32778 |
| communicable diseases which is approved by the state department of | 32779 |
| health, and an employee who has completed a course in child abuse | 32780 |
| recognition and prevention. | 32781 |
| (D) Any parent, guardian, or custodian of a child enrolled in | 32782 |
| a preschool program shall be permitted unlimited access to the | 32783 |
| school during its hours of operation to contact the parent's, | 32784 |
| guardian's, or custodian's child, evaluate the care provided by | 32785 |
| the program, or evaluate the premises, or for other purposes | 32786 |
| approved by the director. Upon entering the premises, the parent, | 32787 |
| guardian, or custodian shall report to the school office. | 32788 |
| Sec. 3301.60. The interstate compact on educational | 32789 |
| opportunity for military children is hereby ratified, enacted into | 32790 |
| law, and entered into by this state as a party thereto with any | 32791 |
| other state that heretofore has legally joined or hereafter | 32792 |
| legally joins the compact, as follows: | 32793 |
| 32794 | |
| 32795 | |
| ARTICLE I. PURPOSE | 32796 |
| It is the purpose of this compact to remove barriers to | 32797 |
| educational success imposed on children of military families | 32798 |
| because of frequent moves and deployment of their parents by: | 32799 |
| A. Facilitating the timely enrollment of children of military | 32800 |
| families and ensuring that they are not placed at a disadvantage | 32801 |
| due to difficulty in the transfer of education records from the | 32802 |
| previous school district or variations in entrance or age | 32803 |
| requirements. | 32804 |
| B. Facilitating the student placement process through which | 32805 |
| children of military families are not disadvantaged by variations | 32806 |
| in attendance requirements, scheduling, sequencing, grading, | 32807 |
| course content, or assessment. | 32808 |
| C. Facilitating the qualification and eligibility for | 32809 |
| enrollment, educational programs, and participation in | 32810 |
| extracurricular academic, athletic, and social activities. | 32811 |
| D. Facilitating the on-time graduation of children of | 32812 |
| military families. | 32813 |
| E. Providing for the promulgation and enforcement of | 32814 |
| administrative rules implementing the provisions of this compact. | 32815 |
| F. Providing for the uniform collection and sharing of | 32816 |
| information between and among member states, schools, and military | 32817 |
| families under this compact. | 32818 |
| G. Promoting coordination between this compact and other | 32819 |
| compacts affecting military children. | 32820 |
| H. Promoting flexibility and cooperation between the | 32821 |
| educational system, parents, and the student in order to achieve | 32822 |
| educational success for the student. | 32823 |
| ARTICLE II. DEFINITIONS | 32824 |
| As used in this compact, unless the context clearly requires | 32825 |
| a different construction: | 32826 |
| A. "Active duty" means full-time duty status in the active | 32827 |
| uniformed service of the United States, including members of the | 32828 |
| national guard and reserve on active duty orders pursuant to 10 | 32829 |
| U.S.C. 1209 and 1211. | 32830 |
| B. "Children of military families" means school-aged | 32831 |
| children, enrolled in kindergarten through twelfth grade, in the | 32832 |
| household of an active duty member. | 32833 |
| C. "Compact commissioner" means the voting representative of | 32834 |
| each compacting state appointed pursuant to Article VIII of this | 32835 |
| compact. | 32836 |
| D. "Deployment" means the period one month prior to the | 32837 |
| service members' departure from their home station on military | 32838 |
| orders through six months after return to their home station. | 32839 |
| E. "Educational records" or "education records" means those | 32840 |
| official records, files, and data directly related to a student | 32841 |
| and maintained by the school or local education agency, including, | 32842 |
| but not limited to, records encompassing all the material kept in | 32843 |
| the student's cumulative folder such as general identifying data, | 32844 |
| records of attendance and of academic work completed, records of | 32845 |
| achievement and results of evaluative tests, health data, | 32846 |
| disciplinary status, test protocols, and individualized education | 32847 |
| programs. | 32848 |
| F. "Extracurricular activities" means a voluntary activity | 32849 |
| sponsored by the school or local education agency or an | 32850 |
| organization sanctioned by the local education agency. | 32851 |
| Extracurricular activities include, but are not limited to, | 32852 |
| preparation for and involvement in public performances, contests, | 32853 |
| athletic competitions, demonstrations, displays, and club | 32854 |
| activities. | 32855 |
| G. "Interstate Commission on Educational Opportunity for | 32856 |
| Military Children" means the commission that is created under | 32857 |
| Article IX of this compact, which is generally referred to as | 32858 |
| Interstate Commission. | 32859 |
| H. "Local education agency" means a public authority legally | 32860 |
| constituted by the state as an administrative agency to provide | 32861 |
| control of and direction for kindergarten through twelfth grade | 32862 |
| public educational institutions. | 32863 |
| I. "Member state" means a state that has enacted this | 32864 |
| compact. | 32865 |
| J. "Military installation" means a base, camp, post, station, | 32866 |
| yard, center, homeport facility for any ship, or other activity | 32867 |
| under the jurisdiction of the Department of Defense, including any | 32868 |
| leased facility, which is located within any of the several | 32869 |
| states, the District of Columbia, the Commonwealth of Puerto Rico, | 32870 |
| the U.S. Virgin Islands, Guam, American Samoa, the Northern | 32871 |
| Marianas Islands, and any other United States territory. Such term | 32872 |
| does not include any facility used primarily for civil works, | 32873 |
| rivers and harbors projects, or flood control projects. | 32874 |
| K. "Nonmember state" means a state that has not enacted this | 32875 |
| compact. | 32876 |
| L. "Receiving state" means the state to which a child of a | 32877 |
| military family is sent, brought, or caused to be sent or brought. | 32878 |
| M. "Rule" means a written statement by the Interstate | 32879 |
| Commission promulgated pursuant to Article XII of this compact | 32880 |
| that is of general applicability, implements, interprets, or | 32881 |
| prescribes a policy or provision of the compact, or an | 32882 |
| organizational, procedural, or practice requirement of the | 32883 |
| Interstate Commission, and has the force and effect of statutory | 32884 |
| law in a member state, and includes the amendment, repeal, or | 32885 |
| suspension of an existing rule. | 32886 |
| N. "Sending state" means the state from which a child of a | 32887 |
| military family is sent, brought, or caused to be sent or brought. | 32888 |
| O. "State" means a state of the United States, the District | 32889 |
| of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin | 32890 |
| Islands, Guam, American Samoa, the Northern Marianas Islands, and | 32891 |
| any other United States territory. | 32892 |
| P. "Student" means the child of a military family for whom | 32893 |
| the local education agency receives public funding and who is | 32894 |
| formally enrolled in kindergarten through twelfth grade. | 32895 |
| Q. "Transition" means 1) the formal and physical process of | 32896 |
| transferring from school to school or 2) the period of time in | 32897 |
| which a student moves from one school in the sending state to | 32898 |
| another school in the receiving state. | 32899 |
| R. "Uniformed services" means the Army, Navy, Air Force, | 32900 |
| Marine Corps, and Coast Guard, as well as the Commissioned Corps | 32901 |
| of the National Oceanic and Atmospheric Administration and Public | 32902 |
| Health Service. | 32903 |
| S. "Veteran" means a person who served in the uniformed | 32904 |
| services and who was discharged or released therefrom under | 32905 |
| conditions other than dishonorable. | 32906 |
| ARTICLE III. APPLICABILITY | 32907 |
| A. Except as otherwise provided in Section B, this compact | 32908 |
| shall apply to the children of: | 32909 |
| 1. Active duty members of the uniformed services as defined | 32910 |
| in this compact, including members of the national guard and | 32911 |
| reserve on active duty orders pursuant to 10 U.S.C. 1209 and 1211; | 32912 |
| 2. Members or veterans of the uniformed services who are | 32913 |
| severely injured and medically discharged or retired for a period | 32914 |
| of one year after medical discharge or retirement; and | 32915 |
| 3. Members of the uniformed services who die on active duty | 32916 |
| or as a result of injuries sustained on active duty for a period | 32917 |
| of one year after death. | 32918 |
| B. The provisions of this interstate compact shall only apply | 32919 |
| to local education agencies as defined in this compact. | 32920 |
| C. The provisions of this compact shall not apply to the | 32921 |
| children of: | 32922 |
| 1. Inactive members of the national guard and military | 32923 |
| reserves; | 32924 |
| 2. Members of the uniformed services now retired, except as | 32925 |
| provided in Section A; | 32926 |
| 3. Veterans of the uniformed services, except as provided in | 32927 |
| Section A; and | 32928 |
| 4. Other Department of Defense personnel and other federal | 32929 |
| agency civilian and contract employees not defined as active duty | 32930 |
| members of the uniformed services. | 32931 |
| ARTICLE IV. EDUCATIONAL RECORDS AND ENROLLMENT | 32932 |
| A. Unofficial or "hand-carried" education records - In the | 32933 |
| event that official education records cannot be released to the | 32934 |
| parents for the purpose of transfer, the custodian of the records | 32935 |
| in the sending state shall prepare and furnish to the parent a | 32936 |
| complete set of unofficial educational records containing uniform | 32937 |
| information as determined by the Interstate Commission. Upon | 32938 |
| receipt of the unofficial education records by a school in the | 32939 |
| receiving state, the school shall enroll and appropriately place | 32940 |
| the student based on the information provided in the unofficial | 32941 |
| records pending validation by the official records, as quickly as | 32942 |
| possible. | 32943 |
| B. Official education records and transcripts - Simultaneous | 32944 |
| with the enrollment and conditional placement of the student, the | 32945 |
| school in the receiving state shall request the student's official | 32946 |
| education record from the school in the sending state. Upon | 32947 |
| receipt of this request, the school in the sending state will | 32948 |
| process and furnish the official education records to the school | 32949 |
| in the receiving state within ten days or within such time as is | 32950 |
| reasonably determined under the rules promulgated by the | 32951 |
| Interstate Commission. | 32952 |
| C. Immunizations - Compacting states shall give thirty days | 32953 |
| from the date of enrollment or within such time as is reasonably | 32954 |
| determined under the rules promulgated by the Interstate | 32955 |
| Commission, for students to obtain any immunizations required by | 32956 |
| the receiving state. For a series of immunizations, initial | 32957 |
| vaccinations must be obtained within thirty days or within such | 32958 |
| time as is reasonably determined under the rules promulgated by | 32959 |
| the Interstate Commission. | 32960 |
| D. Kindergarten and first grade entrance age - Students shall | 32961 |
| be allowed to continue their enrollment at grade level in the | 32962 |
| receiving state commensurate with their grade level (including | 32963 |
| kindergarten) from a local education agency in the sending state | 32964 |
| at the time of transition, regardless of age. A student that has | 32965 |
| satisfactorily completed the prerequisite grade level in the local | 32966 |
| education agency in the sending state shall be eligible for | 32967 |
| enrollment in the next highest grade level in the receiving state, | 32968 |
| regardless of age. A student transferring after the start of the | 32969 |
| school year in the receiving state shall enter the school in the | 32970 |
| receiving state on their validated level from an accredited school | 32971 |
| in the sending state. | 32972 |
| ARTICLE V. PLACEMENT AND ATTENDANCE | 32973 |
| A. Course placement - When the student transfers before or | 32974 |
| during the school year, the receiving state school shall initially | 32975 |
| honor placement of the student in educational courses based on the | 32976 |
| student's enrollment in the sending state school or educational | 32977 |
| assessments conducted at the school in the sending state if the | 32978 |
| courses are offered. Course placement includes but is not limited | 32979 |
| to Honors, International Baccalaureate, Advanced Placement, | 32980 |
| vocational, technical, and career pathways courses. Continuing the | 32981 |
| student's academic program from the previous school and promoting | 32982 |
| placement in academically and career challenging courses should be | 32983 |
| paramount when considering placement. This does not preclude the | 32984 |
| school in the receiving state from performing subsequent | 32985 |
| evaluations to ensure appropriate placement and continued | 32986 |
| enrollment of the student in the courses. | 32987 |
| B. Educational program placement - The receiving state school | 32988 |
| shall initially honor placement of the student in educational | 32989 |
| programs based on current educational assessments conducted at the | 32990 |
| school in the sending state or participation/placement in like | 32991 |
| programs in the sending state. Such programs include, but are not | 32992 |
| limited to: 1) gifted and talented programs; and 2) English as a | 32993 |
| second language. This does not preclude the school in the | 32994 |
| receiving state from performing subsequent evaluations to ensure | 32995 |
| appropriate placement of the student. | 32996 |
| C. Special education services - 1) In compliance with the | 32997 |
| federal requirements of the Individuals with Disabilities | 32998 |
| Education Act (IDEA), 20 U.S.C. 1400 et seq., the receiving state | 32999 |
| shall initially provide comparable services to a student with | 33000 |
| disabilities based on the student's current individualized | 33001 |
| education program (IEP); and 2) in compliance with the | 33002 |
| requirements of Section 504 of the Rehabilitation Act, 29 U.S.C. | 33003 |
| 794, and with Title II of the Americans with Disabilities Act, 42 | 33004 |
| U.S.C. 12131 to 12165, the receiving state shall make reasonable | 33005 |
| accommodations and modifications to address the needs of incoming | 33006 |
| students with disabilities, subject to an existing Section 504 or | 33007 |
| Title II Plan, to provide the student with equal access to | 33008 |
| education. This does not preclude the school in the receiving | 33009 |
| state from performing subsequent evaluations to ensure appropriate | 33010 |
| placement of the student. | 33011 |
| D. Placement flexibility - Local education agency | 33012 |
| administrative officials shall have flexibility in waiving course | 33013 |
| or program prerequisites, or other preconditions for placement in | 33014 |
| courses or programs offered under the jurisdiction of the local | 33015 |
| education agency. | 33016 |
| E. Absence as related to deployment activities - A student | 33017 |
| whose parent or legal guardian is an active duty member of the | 33018 |
| uniformed services, as defined by the compact, and has been called | 33019 |
| to duty for, is on leave from, or immediately returned from | 33020 |
| deployment to a combat zone or combat support posting, shall be | 33021 |
| granted additional excused absences at the discretion of the local | 33022 |
| education agency superintendent to visit with the student's parent | 33023 |
| or legal guardian relative to such leave or deployment of the | 33024 |
| parent or guardian. | 33025 |
| ARTICLE VI. ELIGIBILITY | 33026 |
| A. Eligibility for enrollment | 33027 |
| 1. A special power of attorney, relative to the guardianship | 33028 |
| of a child of a military family and executed under applicable law | 33029 |
| shall be sufficient for the purposes of enrollment and all other | 33030 |
| actions requiring parental participation and consent. | 33031 |
| 2. A local education agency shall be prohibited from charging | 33032 |
| local tuition to a transitioning military child placed in the care | 33033 |
| of a noncustodial parent or other person standing in loco parentis | 33034 |
| who lives in a jurisdiction other than that of the custodial | 33035 |
| parent. | 33036 |
| 3. A transitioning military child, placed in the care of a | 33037 |
| noncustodial parent or other person standing in loco parentis who | 33038 |
| lives in a jurisdiction other than that of the custodial parent, | 33039 |
| may continue to attend the school in which the child was enrolled | 33040 |
| while residing with the custodial parent. | 33041 |
| B. Eligibility for extracurricular participation - State and | 33042 |
| local education agencies shall facilitate the opportunity for | 33043 |
| transitioning military children's inclusion in extracurricular | 33044 |
| activities, regardless of application deadlines, to the extent | 33045 |
| they are otherwise qualified. | 33046 |
| ARTICLE VII. GRADUATION | 33047 |
| In order to facilitate the on-time graduation of children of | 33048 |
| military families states and local education agencies shall | 33049 |
| incorporate the following procedures: | 33050 |
| A. Waiver requirements - Local education agency | 33051 |
| administrative officials shall waive specific courses required for | 33052 |
| graduation if similar coursework has been satisfactorily | 33053 |
| completed in another local education agency or shall provide | 33054 |
| reasonable justification for denial. Should a waiver not be | 33055 |
| granted to a student who would qualify to graduate from the | 33056 |
| sending school, the local education agency shall provide an | 33057 |
| alternative means of acquiring required coursework so that | 33058 |
| graduation may occur on time. | 33059 |
| B. Exit exams - States shall accept: 1) exit or end-of-course | 33060 |
| exams required for graduation from the sending state; or 2) | 33061 |
| national norm-referenced achievement tests; or 3) alternative | 33062 |
| testing, in lieu of testing requirements for graduation in the | 33063 |
| receiving state. In the event the above alternatives cannot be | 33064 |
| accommodated by the receiving state for a student transferring in | 33065 |
| his or her Senior year, then the provisions of Article VII, | 33066 |
| Section C shall apply. | 33067 |
| C. Transfers during Senior year - Should a military student | 33068 |
| transferring at the beginning or during the student's Senior year | 33069 |
| be ineligible to graduate from the receiving local education | 33070 |
| agency after all alternatives have been considered, the sending | 33071 |
| and receiving local education agencies shall ensure the receipt | 33072 |
| of a diploma from the sending local education agency, if the | 33073 |
| student meets the graduation requirements of the sending local | 33074 |
| education agency. In the event that one of the states in question | 33075 |
| is not a member of this compact, the member state shall use best | 33076 |
| efforts to facilitate the on-time graduation of the student in | 33077 |
| accordance with Sections A and B of this Article. | 33078 |
| ARTICLE VIII. STATE COORDINATION | 33079 |
| A. Each member state shall, through the creation of a state | 33080 |
| council or use of an existing body or board, provide for the | 33081 |
| coordination among its agencies of government, local education | 33082 |
| agencies and military installations concerning the state's | 33083 |
| participation in, and compliance with, this compact and Interstate | 33084 |
| Commission activities. While each member state may determine the | 33085 |
| membership of its own state council, its membership must include | 33086 |
| at least: the state superintendent of education, superintendent of | 33087 |
| a school district with a high concentration of military children, | 33088 |
| representative from a military installation, one representative | 33089 |
| each from the legislative and executive branches of government, | 33090 |
| and other offices and stakeholder groups the state council deems | 33091 |
| appropriate. A member state that does not have a school district | 33092 |
| deemed to contain a high concentration of military children may | 33093 |
| appoint a superintendent from another school district to represent | 33094 |
| local education agencies on the state council. | 33095 |
| B. The state council of each member state shall appoint or | 33096 |
| designate a military family education liaison to assist military | 33097 |
| families and the state in facilitating the implementation of this | 33098 |
| compact. | 33099 |
| C. The compact commissioner responsible for the | 33100 |
| administration and management of the state's participation in the | 33101 |
| compact shall be appointed by the governor or as otherwise | 33102 |
| determined by each member state. | 33103 |
| D. The compact commissioner and the military family education | 33104 |
| liaison designated herein shall be ex officio members of the state | 33105 |
| council, unless either is already a full voting member of the | 33106 |
| state council. | 33107 |
| ARTICLE IX. INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY | 33108 |
| FOR MILITARY CHILDREN | 33109 |
| The member states hereby create the "Interstate Commission on | 33110 |
| Educational Opportunity for Military Children." The activities of | 33111 |
| the Interstate Commission are the formation of public policy and | 33112 |
| are a discretionary state function. The Interstate Commission | 33113 |
| shall: | 33114 |
| A. Be a body corporate and joint agency of the member states | 33115 |
| and shall have all the responsibilities, powers and duties set | 33116 |
| forth herein, and such additional powers as may be conferred upon | 33117 |
| it by a subsequent concurrent action of the respective | 33118 |
| legislatures of the member states in accordance with the terms of | 33119 |
| this compact. | 33120 |
| B. Consist of one Interstate Commission voting representative | 33121 |
| from each member state who shall be that state's compact | 33122 |
| commissioner. | 33123 |
| 1. Each member state represented at a meeting of the | 33124 |
| Interstate Commission is entitled to one vote. | 33125 |
| 2. A majority of the total member states shall constitute a | 33126 |
| quorum for the transaction of business, unless a larger quorum is | 33127 |
| required by the bylaws of the Interstate Commission. | 33128 |
| 3. A representative shall not delegate a vote to another | 33129 |
| member state. In the event the compact commissioner is unable to | 33130 |
| attend a meeting of the Interstate Commission, the governor or | 33131 |
| state council may delegate voting authority to another person from | 33132 |
| their state for a specified meeting. | 33133 |
| 4. The bylaws may provide for meetings of the Interstate | 33134 |
| Commission to be conducted by telecommunication or electronic | 33135 |
| communication. | 33136 |
| C. Consist of ex officio, nonvoting representatives who are | 33137 |
| members of interested organizations. Such ex officio members, as | 33138 |
| defined in the bylaws, may include but not be limited to, members | 33139 |
| of the representative organizations of military family advocates, | 33140 |
| local education agency officials, parent and teacher groups, the | 33141 |
| Department of Defense, the Education Commission of the States, the | 33142 |
| Interstate Agreement on the Qualification of Educational Personnel | 33143 |
| and other interstate compacts affecting the education of children | 33144 |
| of military members. | 33145 |
| D. Meet at least once each calendar year. The chairperson may | 33146 |
| call additional meetings and, upon the request of a simple | 33147 |
| majority of the member states, shall call additional meetings. | 33148 |
| E. Establish an executive committee, whose members shall | 33149 |
| include the officers of the Interstate Commission and such other | 33150 |
| members of the Interstate Commission as determined by the bylaws. | 33151 |
| Members of the executive committee shall serve a one year term. | 33152 |
| Members of the executive committee shall be entitled to one vote | 33153 |
| each. The executive committee shall have the power to act on | 33154 |
| behalf of the Interstate Commission, with the exception of | 33155 |
| rulemaking, during periods when the Interstate Commission is not | 33156 |
| in session. The executive committee shall oversee the day-to-day | 33157 |
| activities of the administration of the compact including | 33158 |
| enforcement and compliance with the provisions of the compact, its | 33159 |
| bylaws and rules, and other such duties as deemed necessary. The | 33160 |
| Department of Defense, shall serve as an ex officio, nonvoting | 33161 |
| member of the executive committee. | 33162 |
| F. Establish bylaws and rules that provide for conditions and | 33163 |
| procedures under which the Interstate Commission shall make its | 33164 |
| information and official records available to the public for | 33165 |
| inspection or copying. The Interstate Commission may exempt from | 33166 |
| disclosure information or official records to the extent they | 33167 |
| would adversely affect personal privacy rights or proprietary | 33168 |
| interests. | 33169 |
| G. Give public notice of all meetings and all meetings shall | 33170 |
| be open to the public, except as set forth in the rules or as | 33171 |
| otherwise provided in the compact. The Interstate Commission and | 33172 |
| its committees may close a meeting, or portion thereof, where it | 33173 |
| determines by two-thirds vote that an open meeting would be likely | 33174 |
| to: | 33175 |
| 1. Relate solely to the Interstate Commission's internal | 33176 |
| personnel practices and procedures; | 33177 |
| 2. Disclose matters specifically exempted from disclosure by | 33178 |
| federal and state statute; | 33179 |
| 3. Disclose trade secrets or commercial or financial | 33180 |
| information which is privileged or confidential; | 33181 |
| 4. Involve accusing a person of a crime, or formally | 33182 |
| censuring a person; | 33183 |
| 5. Disclose information of a personal nature where disclosure | 33184 |
| would constitute a clearly unwarranted invasion of personal | 33185 |
| privacy; | 33186 |
| 6. Disclose investigative records compiled for law | 33187 |
| enforcement purposes; or | 33188 |
| 7. Specifically relate to the Interstate Commission's | 33189 |
| participation in a civil action or other legal proceeding. | 33190 |
| H. Shall cause its legal counsel or designee to certify that | 33191 |
| a meeting may be closed and shall reference each relevant | 33192 |
| exemptible provision for any meeting, or portion of a meeting, | 33193 |
| which is closed pursuant to this provision. The Interstate | 33194 |
| Commission shall keep minutes which shall fully and clearly | 33195 |
| describe all matters discussed in a meeting and shall provide a | 33196 |
| full and accurate summary of actions taken, and the reasons | 33197 |
| therefore, including a description of the views expressed and the | 33198 |
| record of a roll call vote. All documents considered in connection | 33199 |
| with an action shall be identified in such minutes. All minutes | 33200 |
| and documents of a closed meeting shall remain under seal, subject | 33201 |
| to release by a majority vote of the Interstate Commission. | 33202 |
| I. Shall collect standardized data concerning the educational | 33203 |
| transition of the children of military families under this compact | 33204 |
| as directed through its rules which shall specify the data to be | 33205 |
| collected, the means of collection and data exchange, and | 33206 |
| reporting requirements. Such methods of data collection, | 33207 |
| exchange, and reporting shall, in so far as is reasonably | 33208 |
| possible, conform to current technology and coordinate its | 33209 |
| information functions with the appropriate custodian of records | 33210 |
| as identified in the bylaws and rules. | 33211 |
| J. Shall create a process that permits military officials, | 33212 |
| education officials and parents to inform the Interstate | 33213 |
| Commission if and when there are alleged violations of the compact | 33214 |
| or its rules or when issues subject to the jurisdiction of the | 33215 |
| compact or its rules are not addressed by the state or local | 33216 |
| education agency. This section shall not be construed to create a | 33217 |
| private right of action against the Interstate Commission or any | 33218 |
| member state. | 33219 |
| ARTICLE X. POWERS AND DUTIES OF THE INTERSTATE COMMISSION | 33220 |
| The Interstate Commission shall have the following powers: | 33221 |
| A. To provide for dispute resolution among member states. | 33222 |
| B. To promulgate rules and take all necessary actions to | 33223 |
| effect the goals, purposes, and obligations as enumerated in this | 33224 |
| compact. The rules shall have the force and effect of statutory | 33225 |
| law and shall be binding in the compact states to the extent and | 33226 |
| in the manner provided in this compact. | 33227 |
| C. To issue, upon request of a member state, advisory | 33228 |
| opinions concerning the meaning or interpretation of the | 33229 |
| interstate compact, its bylaws, rules, and actions. | 33230 |
| D. To enforce compliance with the compact provisions, the | 33231 |
| rules promulgated by the Interstate Commission, and the bylaws, | 33232 |
| using all necessary and proper means, including but not limited to | 33233 |
| the use of judicial process. | 33234 |
| E. To establish and maintain offices which shall be located | 33235 |
| within one or more of the member states. | 33236 |
| F. To purchase and maintain insurance and bonds. | 33237 |
| G. To borrow, accept, hire, or contract for services of | 33238 |
| personnel. | 33239 |
| H. To establish and appoint committees including, but not | 33240 |
| limited to, an executive committee as required by Article IX, | 33241 |
| Section E, which shall have the power to act on behalf of the | 33242 |
| Interstate Commission in carrying out its powers and duties | 33243 |
| hereunder. | 33244 |
| I. To elect or appoint such officers, attorneys, employees, | 33245 |
| agents, or consultants, and to fix their compensation, define | 33246 |
| their duties and determine their qualifications; and to establish | 33247 |
| the Interstate Commission's personnel policies and programs | 33248 |
| relating to conflicts of interest, rates of compensation, and | 33249 |
| qualifications of personnel. | 33250 |
| J. To accept any and all donations and grants of money, | 33251 |
| equipment, supplies, materials, and services, and to receive, | 33252 |
| utilize, and dispose of it. | 33253 |
| K. To lease, purchase, accept contributions or donations of, | 33254 |
| or otherwise to own, hold, improve, or use any property, real, | 33255 |
| personal, or mixed. | 33256 |
| L. To sell, convey, mortgage, pledge, lease, exchange, | 33257 |
| abandon, or otherwise dispose of any property, real, personal, or | 33258 |
| mixed. | 33259 |
| M. To establish a budget and make expenditures. | 33260 |
| N. To adopt a seal and bylaws governing the management and | 33261 |
| operation of the Interstate Commission. | 33262 |
| O. To report annually to the legislatures, governors, | 33263 |
| judiciary, and state councils of the member states concerning the | 33264 |
| activities of the Interstate Commission during the preceding year. | 33265 |
| Such reports shall also include any recommendations that may have | 33266 |
| been adopted by the Interstate Commission. | 33267 |
| P. To coordinate education, training, and public awareness | 33268 |
| regarding the compact, its implementation and operation for | 33269 |
| officials and parents involved in such activity. | 33270 |
| Q. To establish uniform standards for the reporting, | 33271 |
| collecting and exchanging of data. | 33272 |
| R. To maintain corporate books and records in accordance with | 33273 |
| the bylaws. | 33274 |
| S. To perform such functions as may be necessary or | 33275 |
| appropriate to achieve the purposes of this compact. | 33276 |
| T. To provide for the uniform collection and sharing of | 33277 |
| information between and among member states, schools, and military | 33278 |
| families under this compact. | 33279 |
| ARTICLE XI. ORGANIZATION AND OPERATION OF THE INTERSTATE | 33280 |
| COMMISSION | 33281 |
| A. The Interstate Commission shall, by a majority of the | 33282 |
| members present and voting, within twelve months after the first | 33283 |
| Interstate Commission meeting, adopt bylaws to govern its conduct | 33284 |
| as may be necessary or appropriate to carry out the purposes of | 33285 |
| the compact, including, but not limited to: | 33286 |
| 1. Establishing the fiscal year of the Interstate Commission; | 33287 |
| 2. Establishing an executive committee, and such other | 33288 |
| committees as may be necessary; | 33289 |
| 3. Providing for the establishment of committees and for | 33290 |
| governing any general or specific delegation of authority or | 33291 |
| function of the Interstate Commission; | 33292 |
| 4. Providing reasonable procedures for calling and conducting | 33293 |
| meetings of the Interstate Commission, and ensuring reasonable | 33294 |
| notice of each such meeting; | 33295 |
| 5. Establishing the titles and responsibilities of the | 33296 |
| officers and staff of the Interstate Commission; | 33297 |
| 6. Providing a mechanism for concluding the operations of the | 33298 |
| Interstate Commission and the return of surplus funds that may | 33299 |
| exist upon the termination of the compact after the payment and | 33300 |
| reserving of all of its debts and obligations. | 33301 |
| 7. Providing "start up" rules for initial administration of | 33302 |
| the compact. | 33303 |
| B. The Interstate Commission shall, by a majority of the | 33304 |
| members, elect annually from among its members a chairperson, a | 33305 |
| vice-chairperson, and a treasurer, each of whom shall have such | 33306 |
| authority and duties as may be specified in the bylaws. The | 33307 |
| chairperson or, in the chairperson's absence or disability, the | 33308 |
| vice-chairperson, shall preside at all meetings of the Interstate | 33309 |
| Commission. The officers so elected shall serve without | 33310 |
| compensation or remuneration from the Interstate Commission; | 33311 |
| provided that, subject to the availability of budgeted funds, the | 33312 |
| officers shall be reimbursed for ordinary and necessary costs and | 33313 |
| expenses incurred by them in the performance of their | 33314 |
| responsibilities as officers of the Interstate Commission. | 33315 |
| C. Executive Committee, Officers, and Personnel | 33316 |
| 1. The executive committee shall have such authority and | 33317 |
| duties as may be set forth in the bylaws, including but not | 33318 |
| limited to: | 33319 |
| a. Managing the affairs of the Interstate Commission in a | 33320 |
| manner consistent with the bylaws and purposes of the Interstate | 33321 |
| Commission; | 33322 |
| b. Overseeing an organizational structure within, and | 33323 |
| appropriate procedures for the Interstate Commission to provide | 33324 |
| for the creation of rules, operating procedures, and | 33325 |
| administrative and technical support functions; and | 33326 |
| c. Planning, implementing, and coordinating communications | 33327 |
| and activities with other state, federal, and local government | 33328 |
| organizations in order to advance the goals of the Interstate | 33329 |
| Commission. | 33330 |
| 2. The executive committee may, subject to the approval of | 33331 |
| the Interstate Commission, appoint or retain an executive director | 33332 |
| for such period, upon such terms and conditions and for such | 33333 |
| compensation, as the Interstate Commission may deem appropriate. | 33334 |
| The executive director shall serve as secretary to the Interstate | 33335 |
| Commission, but shall not be a Member of the Interstate | 33336 |
| Commission. The executive director shall hire and supervise such | 33337 |
| other persons as may be authorized by the Interstate Commission. | 33338 |
| D. The Interstate Commission's executive director and its | 33339 |
| employees shall be immune from suit and liability, either | 33340 |
| personally or in their official capacity, for a claim for damage | 33341 |
| to or loss of property or personal injury or other civil liability | 33342 |
| caused or arising out of or relating to an actual or alleged act, | 33343 |
| error, or omission that occurred, or that such person had a | 33344 |
| reasonable basis for believing occurred, within the scope of | 33345 |
| Interstate Commission employment, duties, or responsibilities; | 33346 |
| provided, that such person shall not be protected from suit or | 33347 |
| liability for damage, loss, injury, or liability caused by the | 33348 |
| intentional or willful and wanton misconduct of such person. | 33349 |
| 1. The liability of the Interstate Commission's executive | 33350 |
| director and employees or Interstate Commission representatives, | 33351 |
| acting within the scope of such person's employment or duties for | 33352 |
| acts, errors, or omissions occurring within such person's state | 33353 |
| may not exceed the limits of liability set forth under the | 33354 |
| Constitution and laws of that state for state officials, | 33355 |
| employees, and agents. The Interstate Commission is considered to | 33356 |
| be an instrumentality of the states for the purposes of any such | 33357 |
| action. Nothing in this subsection shall be construed to protect | 33358 |
| such person from suit or liability for damage, loss, injury, or | 33359 |
| liability caused by the intentional or willful and wanton | 33360 |
| misconduct of such person. | 33361 |
| 2. The Interstate Commission shall defend the executive | 33362 |
| director and its employees and, subject to the approval of the | 33363 |
| Attorney General or other appropriate legal counsel of the member | 33364 |
| state represented by an Interstate Commission representative, | 33365 |
| shall defend such Interstate Commission representative in any | 33366 |
| civil action seeking to impose liability arising out of an actual | 33367 |
| or alleged act, error or omission that occurred within the scope | 33368 |
| of Interstate Commission employment, duties or responsibilities, | 33369 |
| or that the defendant had a reasonable basis for believing | 33370 |
| occurred within the scope of Interstate Commission employment, | 33371 |
| duties, or responsibilities, provided that the actual or alleged | 33372 |
| act, error, or omission did not result from intentional or willful | 33373 |
| and wanton misconduct on the part of such person. | 33374 |
| 3. To the extent not covered by the state involved, member | 33375 |
| state, or the Interstate Commission, the representatives or | 33376 |
| employees of the Interstate Commission shall be held harmless in | 33377 |
| the amount of a settlement or judgment, including attorney's fees | 33378 |
| and costs, obtained against such persons arising out of an actual | 33379 |
| or alleged act, error, or omission that occurred within the scope | 33380 |
| of Interstate Commission employment, duties, or responsibilities, | 33381 |
| or that such persons had a reasonable basis for believing | 33382 |
| occurred within the scope of Interstate Commission employment, | 33383 |
| duties, or responsibilities, provided that the actual or alleged | 33384 |
| act, error, or omission did not result from intentional or | 33385 |
| willful and wanton misconduct on the part of such persons. | 33386 |
| ARTICLE XII. RULEMAKING FUNCTIONS OF THE INTERSTATE | 33387 |
| COMMISSION | 33388 |
| A. Rulemaking Authority - The Interstate Commission shall | 33389 |
| promulgate reasonable rules in order to effectively and | 33390 |
| efficiently achieve the purposes of this compact. Notwithstanding | 33391 |
| the foregoing, in the event the Interstate Commission exercises | 33392 |
| its rulemaking authority in a manner that is beyond the scope of | 33393 |
| the purposes of this act, or the powers granted hereunder, then | 33394 |
| such an action by the Interstate Commission shall be invalid and | 33395 |
| have no force or effect. | 33396 |
| B. Rulemaking Procedure - Rules shall be made pursuant to a | 33397 |
| rulemaking process that substantially conforms to the "Model State | 33398 |
| Administrative Procedure Act," of 1981 Act, Uniform Laws | 33399 |
| Annotated, Vol. 15, p.1 (2000) as amended, as may be appropriate | 33400 |
| to the operations of the Interstate Commission. | 33401 |
| C. Not later than thirty days after a rule is promulgated, | 33402 |
| any person may file a petition for judicial review of the rule; | 33403 |
| provided, that the filing of such a petition shall not stay or | 33404 |
| otherwise prevent the rule from becoming effective unless the | 33405 |
| court finds that the petitioner has a substantial likelihood of | 33406 |
| success. The court shall give deference to the actions of the | 33407 |
| Interstate Commission consistent with applicable law and shall not | 33408 |
| find the rule to be unlawful if the rule represents a reasonable | 33409 |
| exercise of the Interstate Commission's authority. | 33410 |
| D. If a majority of the legislatures of the compacting states | 33411 |
| rejects a rule by enactment of a statute or resolution in the same | 33412 |
| manner used to adopt the compact, then such rule shall have no | 33413 |
| further force and effect in any compacting state. | 33414 |
| ARTICLE XIII. OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION | 33415 |
| A. Oversight | 33416 |
| 1. The executive, legislative, and judicial branches of state | 33417 |
| government in each member state shall enforce this compact and | 33418 |
| shall take all actions necessary and appropriate to effectuate the | 33419 |
| compact's purposes and intent. The provisions of this compact and | 33420 |
| the rules promulgated hereunder shall have standing as statutory | 33421 |
| law. | 33422 |
| 2. All courts shall take judicial notice of the compact and | 33423 |
| the rules in any judicial or administrative proceeding in a member | 33424 |
| state pertaining to the subject matter of this compact which may | 33425 |
| affect the powers, responsibilities or actions of the Interstate | 33426 |
| Commission. | 33427 |
| 3. The Interstate Commission shall be entitled to receive all | 33428 |
| service of process in any such proceeding, and shall have standing | 33429 |
| to intervene in the proceeding for all purposes. Failure to | 33430 |
| provide service of process to the Interstate Commission shall | 33431 |
| render a judgment or order void as to the Interstate Commission, | 33432 |
| this compact or promulgated rules. | 33433 |
| B. Default, Technical Assistance, Suspension, and Termination | 33434 |
| - If the Interstate Commission determines that a member state has | 33435 |
| defaulted in the performance of its obligations or | 33436 |
| responsibilities under this compact, or the bylaws or promulgated | 33437 |
| rules, the Interstate Commission shall: | 33438 |
| 1. Provide written notice to the defaulting state and other | 33439 |
| member states, of the nature of the default, the means of curing | 33440 |
| the default and any action taken by the Interstate Commission. The | 33441 |
| Interstate Commission shall specify the conditions by which the | 33442 |
| defaulting state must cure its default. | 33443 |
| 2. Provide remedial training and specific technical | 33444 |
| assistance regarding the default. | 33445 |
| 3. If the defaulting state fails to cure the default, the | 33446 |
| defaulting state shall be terminated from the compact upon an | 33447 |
| affirmative vote of a majority of the member states and all | 33448 |
| rights, privileges and benefits conferred by this compact shall be | 33449 |
| terminated from the effective date of termination. A cure of the | 33450 |
| default does not relieve the offending state of obligations or | 33451 |
| liabilities incurred during the period of the default. | 33452 |
| 4. Suspension or termination of membership in the compact | 33453 |
| shall be imposed only after all other means of securing compliance | 33454 |
| have been exhausted. Notice of intent to suspend or terminate | 33455 |
| shall be given by the Interstate Commission to the governor, the | 33456 |
| majority and minority leaders of the defaulting state's | 33457 |
| legislature, and each of the member states. | 33458 |
| 5. The state which has been suspended or terminated is | 33459 |
| responsible for all assessments, obligations and liabilities | 33460 |
| incurred through the effective date of suspension or termination | 33461 |
| including obligations, the performance of which extends beyond the | 33462 |
| effective date of suspension or termination. | 33463 |
| 6. The Interstate Commission shall not bear any costs | 33464 |
| relating to any state that has been found to be in default or | 33465 |
| which has been suspended or terminated from the compact, unless | 33466 |
| otherwise mutually agreed upon in writing between the Interstate | 33467 |
| Commission and the defaulting state. | 33468 |
| 7. The defaulting state may appeal the action of the | 33469 |
| Interstate Commission by petitioning the United States District | 33470 |
| Court for the District of Columbia or the federal district where | 33471 |
| the Interstate Commission has its principal offices. The | 33472 |
| prevailing party shall be awarded all costs of such litigation | 33473 |
| including reasonable attorney's fees. | 33474 |
| C. Dispute Resolution | 33475 |
| 1. The Interstate Commission shall attempt, upon the request | 33476 |
| of a member state, to resolve disputes which are subject to the | 33477 |
| compact and which may arise among member states and between member | 33478 |
| and nonmember states. | 33479 |
| 2. The Interstate Commission shall promulgate a rule | 33480 |
| providing for both mediation and binding dispute resolution for | 33481 |
| disputes as appropriate. | 33482 |
| D. Enforcement | 33483 |
| 1. The Interstate Commission, in the reasonable exercise of | 33484 |
| its discretion, shall enforce the provisions and rules of this | 33485 |
| compact. | 33486 |
| 2. The Interstate Commission, may by majority vote of the | 33487 |
| members, initiate legal action in the United States District Court | 33488 |
| for the District of Columbia or, at the discretion of the | 33489 |
| Interstate Commission, in the federal district where the | 33490 |
| Interstate Commission has its principal offices, to enforce | 33491 |
| compliance with the provisions of the compact, its promulgated | 33492 |
| rules and bylaws, against a member state in default. The relief | 33493 |
| sought may include both injunctive relief and damages. In the | 33494 |
| event judicial enforcement is necessary the prevailing party shall | 33495 |
| be awarded all costs of such litigation including reasonable | 33496 |
| attorney's fees. | 33497 |
| 3. The remedies herein shall not be the exclusive remedies of | 33498 |
| the Interstate Commission. The Interstate Commission may avail | 33499 |
| itself of any other remedies available under state law or the | 33500 |
| regulation of a profession. | 33501 |
| ARTICLE XIV. FINANCING OF THE INTERSTATE COMMISSION | 33502 |
| A. The Interstate Commission shall pay, or provide for the | 33503 |
| payment of the reasonable expenses of its establishment, | 33504 |
| organization, and ongoing activities. | 33505 |
| B. The Interstate Commission may levy on and collect an | 33506 |
| annual assessment from each member state to cover the cost of the | 33507 |
| operations and activities of the Interstate Commission and its | 33508 |
| staff which must be in a total amount sufficient to cover the | 33509 |
| Interstate Commission's annual budget as approved each year. The | 33510 |
| aggregate annual assessment amount shall be allocated based upon a | 33511 |
| formula to be determined by the Interstate Commission, which shall | 33512 |
| promulgate a rule binding upon all member states. | 33513 |
| C. The Interstate Commission shall not incur obligations of | 33514 |
| any kind prior to securing the funds adequate to meet the same; | 33515 |
| nor shall the Interstate Commission pledge the credit of any of | 33516 |
| the member states, except by and with the authority of the member | 33517 |
| state. | 33518 |
| D. The Interstate Commission shall keep accurate accounts of | 33519 |
| all receipts and disbursements. The receipts and disbursements of | 33520 |
| the Interstate Commission shall be subject to the audit and | 33521 |
| accounting procedures established under its bylaws. However, all | 33522 |
| receipts and disbursements of funds handled by the Interstate | 33523 |
| Commission shall be audited yearly by a certified or licensed | 33524 |
| public accountant and the report of the audit shall be included in | 33525 |
| and become part of the annual report of the Interstate Commission. | 33526 |
| ARTICLE XV. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT | 33527 |
| A. Any state is eligible to become a member state. | 33528 |
| B. The compact shall become effective and binding upon | 33529 |
| legislative enactment of the compact into law by no less than ten | 33530 |
| of the states. The effective date shall be no earlier than | 33531 |
| December 1, 2007. Thereafter it shall become effective and binding | 33532 |
| as to any other member state upon enactment of the compact into | 33533 |
| law by that state. The governors of nonmember states or their | 33534 |
| designees shall be invited to participate in the activities of the | 33535 |
| Interstate Commission on a nonvoting basis prior to adoption of | 33536 |
| the compact by all states. | 33537 |
| C. The Interstate Commission may propose amendments to the | 33538 |
| compact for enactment by the member states. No amendment shall | 33539 |
| become effective and binding upon the Interstate Commission and | 33540 |
| the member states unless and until it is enacted into law by | 33541 |
| unanimous consent of the member states. | 33542 |
| ARTICLE XVI. WITHDRAWAL AND DISSOLUTION | 33543 |
| A. Withdrawal | 33544 |
| 1. Once effective, the compact shall continue in force and | 33545 |
| remain binding upon each and every member state; provided that a | 33546 |
| member state may withdraw from the compact by specifically | 33547 |
| repealing the statute, which enacted the compact into law. | 33548 |
| 2. Withdrawal from this compact shall be by the enactment of | 33549 |
| a statute repealing the same, but shall not take effect until one | 33550 |
| year after the effective date of such statute and until written | 33551 |
| notice of the withdrawal has been given by the withdrawing state | 33552 |
| to the Governor of each other member jurisdiction. | 33553 |
| 3. The withdrawing state shall immediately notify the | 33554 |
| chairperson of the Interstate Commission in writing upon the | 33555 |
| introduction of legislation repealing this compact in the | 33556 |
| withdrawing state. The Interstate Commission shall notify the | 33557 |
| other member states of the withdrawing state's intent to withdraw | 33558 |
| within sixty days of its receipt thereof. | 33559 |
| 4. The withdrawing state is responsible for all assessments, | 33560 |
| obligations and liabilities incurred through the effective date of | 33561 |
| withdrawal, including obligations, the performance of which extend | 33562 |
| beyond the effective date of withdrawal. | 33563 |
| 5. Reinstatement following withdrawal of a member state shall | 33564 |
| occur upon the withdrawing state reenacting the compact or upon | 33565 |
| such later date as determined by the Interstate Commission. | 33566 |
| B. Dissolution of Compact | 33567 |
| 1. This compact shall dissolve effective upon the date of the | 33568 |
| withdrawal or default of the member state which reduces the | 33569 |
| membership in the compact to one member state. | 33570 |
| 2. Upon the dissolution of this compact, the compact becomes | 33571 |
| null and void and shall be of no further force or effect, and the | 33572 |
| business and affairs of the Interstate Commission shall be | 33573 |
| concluded and surplus funds shall be distributed in accordance | 33574 |
| with the bylaws. | 33575 |
| ARTICLE XVII. SEVERABILITY AND CONSTRUCTION | 33576 |
| A. The provisions of this compact shall be severable, and if | 33577 |
| any phrase, clause, sentence or provision is deemed unenforceable, | 33578 |
| the remaining provisions of the compact shall be enforceable. | 33579 |
| B. The provisions of this compact shall be liberally | 33580 |
| construed to effectuate its purposes. | 33581 |
| C. Nothing in this compact shall be construed to prohibit the | 33582 |
| applicability of other interstate compacts to which the states are | 33583 |
| members. | 33584 |
| ARTICLE XVIII. BINDING EFFECT OF COMPACT AND OTHER LAWS | 33585 |
| A. Other Laws | 33586 |
| 1. Nothing herein prevents the enforcement of any other law | 33587 |
| of a member state that is not inconsistent with this compact. | 33588 |
| 2. All member states' laws conflicting with this compact are | 33589 |
| superseded to the extent of the conflict. | 33590 |
| B. Binding Effect of the Compact | 33591 |
| 1. All lawful actions of the Interstate Commission, including | 33592 |
| all rules and bylaws promulgated by the Interstate Commission, are | 33593 |
| binding upon the member states. | 33594 |
| 2. All agreements between the Interstate Commission and the | 33595 |
| member states are binding in accordance with their terms. | 33596 |
| 3. In the event any provision of this compact exceeds the | 33597 |
| constitutional limits imposed on the legislature of any member | 33598 |
| state, such provision shall be ineffective to the extent of the | 33599 |
| conflict with the constitutional provision in question in that | 33600 |
| member state. | 33601 |
| Sec. 3301.61. (A) Subject to section 3301.64 of the Revised | 33602 |
| Code, the state council on educational opportunity for military | 33603 |
| children is hereby established within the department of veterans | 33604 |
| services. The council shall consist of the following members: | 33605 |
| (1) The superintendent of public instruction; | 33606 |
| (2) The superintendent of a school district that has a high | 33607 |
| concentration of children of military families, appointed by the | 33608 |
| governor; | 33609 |
| (3) A representative of a military installation located in | 33610 |
| this state, appointed by the governor; | 33611 |
| (4) A representative of the governor's office, appointed by | 33612 |
| the governor; | 33613 |
| (5) Four members of the general assembly, appointed as | 33614 |
| follows: | 33615 |
| (a) One member of the house of representatives appointed by | 33616 |
| the speaker of the house of representatives; | 33617 |
| (b) One member of the house of representatives appointed by | 33618 |
| the minority leader of the house of representatives; | 33619 |
| (c) One member of the senate appointed by the president of | 33620 |
| the senate; | 33621 |
| (d) One member of the senate appointed by the minority leader | 33622 |
| of the senate. | 33623 |
| (6) The compact commissioner appointed under section 3301.62 | 33624 |
| of the Revised Code; | 33625 |
| (7) The military education family education liaison appointed | 33626 |
| under section 3301.63 of the Revised Code; | 33627 |
| (8) Other members appointed in the manner prescribed by and | 33628 |
| seated at the discretion of the voting members of the council. | 33629 |
| The members of the council shall serve at the pleasure of | 33630 |
| their appointing authorities. Vacancies shall be filled in the | 33631 |
| manner of the initial appointments. | 33632 |
| The members appointed under divisions (A)(5) to (8) of this | 33633 |
| section shall be nonvoting members of the council. | 33634 |
| The members of the council shall serve without compensation. | 33635 |
| (B) The council shall oversee and provide coordination for | 33636 |
| the state's participation in and compliance with the interstate | 33637 |
| compact on educational opportunity for military children, as | 33638 |
| ratified by section 3301.60 of the Revised Code. | 33639 |
| (C) The department of veterans services shall provide staff | 33640 |
| support for the council. | 33641 |
| (D) Sections 101.82 to 101.87 of the Revised Code do not | 33642 |
| apply to the council. | 33643 |
| (E) As used in this section, "children of military families" | 33644 |
| and "military installation" have the same meanings as in Article | 33645 |
| II of the interstate compact on educational opportunity for | 33646 |
| military children. | 33647 |
| Sec. 3301.62. Subject to section 3301.64 of the Revised | 33648 |
| Code, the governor shall appoint a compact commissioner who shall | 33649 |
| be responsible for administering the state's participation in the | 33650 |
| interstate compact on educational opportunity for military | 33651 |
| children, as ratified by section 3301.60 of the Revised Code. The | 33652 |
| compact commissioner shall be a state officer within the | 33653 |
| department of veterans services and shall serve at the pleasure | 33654 |
| of the governor. | 33655 |
| Sec. 3301.63. Subject to section 3301.64 of the Revised | 33656 |
| Code, the state council on educational opportunity for military | 33657 |
| children, established under section 3301.61 of the Revised Code, | 33658 |
| shall appoint a military education family education liaison to | 33659 |
| assist families and the state in implementing the interstate | 33660 |
| compact on educational opportunity for military children, as | 33661 |
| ratified by section 3301.60 of the Revised Code. The department of | 33662 |
| veterans services shall provide staff support for the military | 33663 |
| education family education liaison. | 33664 |
| Sec. 3301.64. Notwithstanding sections 3301.61, 3301.62, and | 33665 |
| 3301.63 of the Revised Code, the state council on educational | 33666 |
| opportunity for military children, the compact commissioner, and | 33667 |
| the military education family education liaison shall not be | 33668 |
| appointed until such time as not less than ten states, including | 33669 |
| this state, ratify the interstate compact on educational | 33670 |
| opportunity for military children. | 33671 |
| Sec. 3301.90. The governor shall create the early childhood | 33672 |
| advisory council in accordance with 42 U.S.C. 9837b(b)(1) and | 33673 |
| shall appoint one of its members to serve as chairperson of the | 33674 |
| council. The council shall serve as the state advisory council on | 33675 |
| early childhood education and care, as described in 42 U.S.C. | 33676 |
| 9837b(b)(1). In addition to the duties specified in 42 U.S.C. | 33677 |
| 9837b(b)(1), the council shall advise the state regarding the | 33678 |
| creation and duties of the center for early childhood | 33679 |
| development and shall promote family-centered programs and | 33680 |
| services that acknowledge and support the social, emotional, | 33681 |
| cognitive, intellectual, and physical development of children and | 33682 |
| the vital role of families in ensuring the well-being and success | 33683 |
| of children. | 33684 |
| Sec. 3301.95. Each school district that receives federal | 33685 |
| funding under the "American Recovery and Reinvestment Act of | 33686 |
| 2009," Pub. L. No. 111-5, 123 Stat. 115, shall use the required | 33687 |
| amounts of that funding for services for students enrolled in | 33688 |
| nonpublic schools located in the district as prescribed under | 33689 |
| Title I of the "Elementary and Secondary Education Act of 1965," | 33690 |
| 20 U.S.C. 6301 et seq., the "Individuals with Disabilities | 33691 |
| Education Improvement Act of 2004," 20 U.S.C. 1400 et seq., or the | 33692 |
| "Enhancing Education Through Technology Act of 2001," 20 U.S.C. | 33693 |
| 6751 et seq., and under section 3323.041 of the Revised Code. | 33694 |
| The department of education shall ensure compliance with this | 33695 |
| section. | 33696 |
| Sec. 3302.021. (A) Not earlier than July 1, 2005, and not | 33697 |
| later than July 1, 2007, the department of education shall | 33698 |
| implement a value-added progress dimension for school districts | 33699 |
| and buildings and shall incorporate the value-added progress | 33700 |
| dimension into the report cards and performance ratings issued for | 33701 |
| districts and buildings under section 3302.03 of the Revised Code. | 33702 |
| The state board of education shall adopt rules, pursuant to | 33703 |
| Chapter 119. of the Revised Code, for the implementation of the | 33704 |
| value-added progress dimension. In adopting rules, the state board | 33705 |
| shall consult with the Ohio accountability task force established | 33706 |
|
under division | 33707 |
| this division shall specify both of the following: | 33708 |
| (1) A scale for describing the levels of academic progress in | 33709 |
| reading and mathematics relative to a standard year of academic | 33710 |
| growth in those subjects for each of grades three through eight; | 33711 |
| (2) That the department shall maintain the confidentiality of | 33712 |
| individual student test scores and individual student reports in | 33713 |
| accordance with sections 3301.0711, 3301.0714, and 3319.321 of the | 33714 |
| Revised Code and federal law. The department may require school | 33715 |
| districts to use a unique identifier for each student for this | 33716 |
| purpose. Individual student test scores and individual student | 33717 |
| reports shall be made available only to a student's classroom | 33718 |
| teacher and other appropriate educational personnel and to the | 33719 |
| student's parent or guardian. | 33720 |
| (B) The department shall use a system designed for collecting | 33721 |
| necessary data, calculating the value-added progress dimension, | 33722 |
| analyzing data, and generating reports, which system has been used | 33723 |
| previously by a non-profit organization led by the Ohio business | 33724 |
| community for at least one year in the operation of a pilot | 33725 |
| program in cooperation with school districts to collect and report | 33726 |
| student achievement data via electronic means and to provide | 33727 |
| information to the districts regarding the academic performance of | 33728 |
| individual students, grade levels, school buildings, and the | 33729 |
| districts as a whole. | 33730 |
| (C) The department shall not pay more than two dollars per | 33731 |
| student for data analysis and reporting to implement the | 33732 |
| value-added progress dimension in the same manner and with the | 33733 |
| same services as under the pilot program described by division (B) | 33734 |
| of this section. However, nothing in this section shall preclude | 33735 |
| the department or any school district from entering into a | 33736 |
| contract for the provision of more services at a higher fee per | 33737 |
| student. Any data analysis conducted under this section by an | 33738 |
| entity under contract with the department shall be completed in | 33739 |
| accordance with timelines established by the superintendent of | 33740 |
| public instruction. | 33741 |
| (D) The department shall share any aggregate student data and | 33742 |
| any calculation, analysis, or report utilizing aggregate student | 33743 |
| data that is generated under this section with the chancellor of | 33744 |
| the Ohio board of regents. The department shall not share | 33745 |
| individual student test scores and individual student reports with | 33746 |
| the chancellor. | 33747 |
| (E)(1) There is hereby established the Ohio accountability | 33748 |
| task force. The task force shall consist of the following thirteen | 33749 |
| members: | 33750 |
| (a) The chairpersons and ranking minority members of the | 33751 |
| house of representatives and senate standing committees primarily | 33752 |
| responsible for education legislation, who shall be nonvoting | 33753 |
| members; | 33754 |
| (b) One representative of the governor's office, appointed by | 33755 |
| the governor; | 33756 |
| (c) The superintendent of public instruction, or the | 33757 |
| superintendent's designee; | 33758 |
| (d) One representative of teacher employee organizations | 33759 |
| formed pursuant to Chapter 4117. of the Revised Code, appointed by | 33760 |
| the speaker of the house of representatives; | 33761 |
| (e) One representative of school district boards of | 33762 |
| education, appointed by the president of the senate; | 33763 |
| (f) One school district superintendent, appointed by the | 33764 |
| speaker of the house of representatives; | 33765 |
| (g) One representative of business, appointed by the | 33766 |
| president of the senate; | 33767 |
| (h) One representative of a non-profit organization led by | 33768 |
| the Ohio business community, appointed by the governor; | 33769 |
| (i) One school building principal, appointed by the president | 33770 |
| of the senate; | 33771 |
| (j) A member of the state board of education, appointed by | 33772 |
| the speaker of the house of representatives. | 33773 |
| Initial appointed members of the task force shall serve until | 33774 |
| January 1, 2005. Thereafter, terms of office for appointed members | 33775 |
| shall be for two years, each term ending on the same day of the | 33776 |
| same month as did the term that it succeeds. Each appointed member | 33777 |
| shall hold office from the date of appointment until the end of | 33778 |
| the term for which the member was appointed. Members may be | 33779 |
| reappointed. Vacancies shall be filled in the same manner as the | 33780 |
| original appointment. Any member appointed to fill a vacancy | 33781 |
| occurring prior to the expiration of the term for which the | 33782 |
| member's predecessor was appointed shall hold office for the | 33783 |
| remainder of that term. | 33784 |
| The task force shall select from among its members a | 33785 |
| chairperson. The task force shall meet at least six times each | 33786 |
| calendar year and at other times upon the call of the chairperson | 33787 |
| to conduct its business. Members of the task force shall serve | 33788 |
| without compensation. | 33789 |
| (2) The task force shall do all of the following: | 33790 |
| (a) Examine the implementation of the value-added progress | 33791 |
| dimension by the department, including the system described in | 33792 |
| division (B) of this section, the reporting of performance data to | 33793 |
| school districts and buildings, and the provision of professional | 33794 |
| development on the interpretation of the data to classroom | 33795 |
| teachers and administrators; | 33796 |
| (b) Periodically review any fees for data analysis and | 33797 |
| reporting paid by the department pursuant to division (C) of this | 33798 |
| section and determine if the fees are appropriate based upon the | 33799 |
| level of services provided; | 33800 |
| (c) Periodically report to the department and the state board | 33801 |
| on all issues related to the school district and building | 33802 |
| accountability system established under this chapter; | 33803 |
| (d) Not later than seven years after its initial meeting, | 33804 |
| make recommendations to improve the school district and building | 33805 |
| accountability system established under this chapter. The task | 33806 |
| force shall adopt recommendations by a majority vote of its | 33807 |
| members. Copies of the recommendations shall be provided to the | 33808 |
| state board, the governor, the speaker of the house of | 33809 |
| representatives, and the president of the senate. | 33810 |
| (e) Determine starting dates for the implementation of the | 33811 |
| value-added progress dimension and its incorporation into school | 33812 |
| district and building report cards and performance ratings. | 33813 |
| Sec. 3302.03. (A) Annually the department of education shall | 33814 |
| report for each school district and each school building in a | 33815 |
| district all of the following: | 33816 |
| (1) The extent to which the school district or building meets | 33817 |
| each of the applicable performance indicators created by the state | 33818 |
| board of education under section 3302.02 of the Revised Code and | 33819 |
| the number of applicable performance indicators that have been | 33820 |
| achieved; | 33821 |
| (2) The performance index score of the school district or | 33822 |
| building; | 33823 |
| (3) Whether the school district or building has made adequate | 33824 |
| yearly progress; | 33825 |
| (4) Whether the school district or building is excellent, | 33826 |
| effective, needs continuous improvement, is under an academic | 33827 |
| watch, or is in a state of academic emergency. | 33828 |
| (B) Except as otherwise provided in | 33829 |
| 33830 |
| (1) A school district or building shall be declared excellent | 33831 |
|
if it | 33832 |
| | 33833 |
| 33834 | |
| 33835 | |
| 33836 |
| | 33837 |
| 33838 | |
| ninety-four per cent of the applicable state performance | 33839 |
| indicators or has a performance index score established by the | 33840 |
| department, except that if it does not make adequate yearly | 33841 |
| progress for two more of the same subgroups for three or more | 33842 |
| consecutive years, it shall be declared effective. | 33843 |
| (2) A school district or building shall be declared effective | 33844 |
|
if it | 33845 |
| | 33846 |
| least seventy-five per cent but less than ninety-four per cent of | 33847 |
| the applicable state performance indicators or has a performance | 33848 |
|
index score established by the department | 33849 |
| | 33850 |
| 33851 | |
| 33852 | |
| 33853 | |
| adequate yearly progress for two or more of the same subgroups for | 33854 |
| three or more consecutive years, it shall be declared in need of | 33855 |
| continuous improvement. | 33856 |
| (3) A school district or building shall be declared to be in | 33857 |
| need of continuous improvement if it fulfills one of the following | 33858 |
| requirements: | 33859 |
| (a) It makes adequate yearly progress, meets at least | 33860 |
| thirty-one per cent but less than seventy-five per cent of the | 33861 |
| applicable state performance indicators, and has a performance | 33862 |
| index score established by the department. | 33863 |
| (b) It does not make adequate yearly progress and either | 33864 |
| meets at least fifty per cent but less than seventy-five per cent | 33865 |
| of the applicable state performance indicators or has a | 33866 |
| performance index score established by the department. | 33867 |
| (4) A school district or building shall be declared to be | 33868 |
| under an academic watch if it fulfills one of the following | 33869 |
| requirements: | 33870 |
| (a) It makes adequate yearly progress, does not meet at least | 33871 |
| thirty-one per cent of the applicable state performance | 33872 |
| indicators, and has a performance index score established by the | 33873 |
| department. | 33874 |
| (b) It does not make adequate yearly progress and either | 33875 |
| meets at least thirty-one per cent but less than fifty per cent | 33876 |
| of the applicable state performance indicators or has a | 33877 |
| performance index score established by the department. | 33878 |
| (5) A school district or building shall be declared to be in | 33879 |
| a state of academic emergency if it does not make adequate yearly | 33880 |
| progress, does not meet at least thirty-one per cent of the | 33881 |
| applicable state performance indicators, and has a performance | 33882 |
| index score established by the department. | 33883 |
| (6) | 33884 |
| 33885 | |
| 33886 | |
| 33887 | |
| 33888 |
| | 33889 |
| community school established under Chapter 3314. of the Revised | 33890 |
| Code in which a majority of the students are enrolled in a dropout | 33891 |
| prevention and recovery program. | 33892 |
| A school district or building shall not be assigned a higher | 33893 |
| performance rating than in need of continuous improvement if at | 33894 |
| least ten per cent but not more than fifteen per cent of the | 33895 |
| enrolled students do not take all achievement tests prescribed | 33896 |
| for their grade level under section 3301.0710 of the Revised | 33897 |
| Code from which they are not excused pursuant to division (C)(1) | 33898 |
| or (3) of section 3301.0711 of the Revised Code. A school | 33899 |
| district or building shall not be assigned a higher performance | 33900 |
| rating than under an academic watch if more than fifteen per | 33901 |
| cent but not more than twenty per cent of the enrolled students | 33902 |
| do not take all achievement tests prescribed for their grade | 33903 |
| level under section 3301.0710 of the Revised Code from which | 33904 |
| they are not excused pursuant to division (C)(1) or (3) of | 33905 |
| section 3301.0711 of the Revised Code. A school district or | 33906 |
| building shall not be assigned a higher performance rating than | 33907 |
| in a state of academic emergency if more than twenty per cent of | 33908 |
| the enrolled students do not take all achievement tests | 33909 |
| prescribed for their grade level under section 3301.0710 of the | 33910 |
| Revised Code from which they are not excused pursuant to | 33911 |
| division (C)(1) or (3) of section 3301.0711 of the Revised Code. | 33912 |
| (C)(1) The department shall issue annual report cards for | 33913 |
| each school district, each building within each district, and for | 33914 |
| the state as a whole reflecting performance on the indicators | 33915 |
| created by the state board under section 3302.02 of the Revised | 33916 |
| Code, the performance index score, and adequate yearly progress. | 33917 |
| (2) The department shall include on the report card for each | 33918 |
| district information pertaining to any change from the previous | 33919 |
| year made by the school district or school buildings within the | 33920 |
| district on any performance indicator. | 33921 |
| (3) When reporting data on student performance, the | 33922 |
| department shall disaggregate that data according to the following | 33923 |
| categories: | 33924 |
| (a) Performance of students by age group; | 33925 |
| (b) Performance of students by race and ethnic group; | 33926 |
| (c) Performance of students by gender; | 33927 |
| (d) Performance of students grouped by those who have been | 33928 |
| enrolled in a district or school for three or more years; | 33929 |
| (e) Performance of students grouped by those who have been | 33930 |
| enrolled in a district or school for more than one year and less | 33931 |
| than three years; | 33932 |
| (f) Performance of students grouped by those who have been | 33933 |
| enrolled in a district or school for one year or less; | 33934 |
| (g) Performance of students grouped by those who are | 33935 |
| economically disadvantaged; | 33936 |
| (h) Performance of students grouped by those who are enrolled | 33937 |
| in a conversion community school established under Chapter 3314. | 33938 |
| of the Revised Code; | 33939 |
| (i) Performance of students grouped by those who are | 33940 |
| classified as limited English proficient; | 33941 |
| (j) Performance of students grouped by those who have | 33942 |
| disabilities; | 33943 |
| (k) Performance of students grouped by those who are | 33944 |
| classified as migrants; | 33945 |
| (l) Performance of students grouped by those who are | 33946 |
| identified as gifted pursuant to Chapter 3324. of the Revised | 33947 |
| Code. | 33948 |
| The department may disaggregate data on student performance | 33949 |
| according to other categories that the department determines are | 33950 |
| appropriate. To the extent possible, the department shall | 33951 |
| disaggregate data on student performance according to any | 33952 |
| combinations of two or more of the categories listed in divisions | 33953 |
| (C)(3)(a) to (l) of this section that it deems relevant. | 33954 |
| In reporting data pursuant to division (C)(3) of this | 33955 |
| section, the department shall not include in the report cards any | 33956 |
| data statistical in nature that is statistically unreliable or | 33957 |
| that could result in the identification of individual students. | 33958 |
| For this purpose, the department shall not report student | 33959 |
| performance data for any group identified in division (C)(3) of | 33960 |
| this section that contains less than ten students. | 33961 |
| (4) The department may include with the report cards any | 33962 |
| additional education and fiscal performance data it deems | 33963 |
| valuable. | 33964 |
| (5) The department shall include on each report card a list | 33965 |
| of additional information collected by the department that is | 33966 |
| available regarding the district or building for which the report | 33967 |
| card is issued. When available, such additional information shall | 33968 |
| include student mobility data disaggregated by race and | 33969 |
| socioeconomic status, college enrollment data, and the reports | 33970 |
| prepared under section 3302.031 of the Revised Code. | 33971 |
| The department shall maintain a site on the world wide web. | 33972 |
| The report card shall include the address of the site and shall | 33973 |
| specify that such additional information is available to the | 33974 |
| public at that site. The department shall also provide a copy of | 33975 |
| each item on the list to the superintendent of each school | 33976 |
| district. The district superintendent shall provide a copy of any | 33977 |
| item on the list to anyone who requests it. | 33978 |
| (6)(a) This division does not apply to conversion community | 33979 |
| schools that primarily enroll students between sixteen and | 33980 |
| twenty-two years of age who dropped out of high school or are at | 33981 |
| risk of dropping out of high school due to poor attendance, | 33982 |
| disciplinary problems, or suspensions. | 33983 |
| For any district that sponsors a conversion community school | 33984 |
| under Chapter 3314. of the Revised Code, the department shall | 33985 |
| combine data regarding the academic performance of students | 33986 |
| enrolled in the community school with comparable data from the | 33987 |
| schools of the district for the purpose of calculating the | 33988 |
| performance of the district as a whole on the report card issued | 33989 |
| for the district. | 33990 |
| (b) Any district that leases a building to a community school | 33991 |
| located in the district or that enters into an agreement with a | 33992 |
| community school located in the district whereby the district and | 33993 |
| the school endorse each other's programs may elect to have data | 33994 |
| regarding the academic performance of students enrolled in the | 33995 |
| community school combined with comparable data from the schools of | 33996 |
| the district for the purpose of calculating the performance of the | 33997 |
| district as a whole on the district report card. Any district that | 33998 |
| so elects shall annually file a copy of the lease or agreement | 33999 |
| with the department. | 34000 |
| (7) The department shall include on each report card the | 34001 |
| percentage of teachers in the district or building who are highly | 34002 |
| qualified, as defined by the "No Child Left Behind Act of 2001," | 34003 |
| and a comparison of that percentage with the percentages of such | 34004 |
| teachers in similar districts and buildings. | 34005 |
| (8) The department shall include on the report card the | 34006 |
|
number of | 34007 |
| building once the data is available from the education management | 34008 |
| information system established under section 3301.0714 of the | 34009 |
| Revised Code. | 34010 |
| (D)(1) In calculating reading, writing, mathematics, social | 34011 |
| studies, or science proficiency or achievement test passage | 34012 |
| rates used to determine school district or building performance | 34013 |
| under this section, the department shall include all students | 34014 |
| taking a test with accommodation or to whom an alternate | 34015 |
| assessment is administered pursuant to division (C)(1) or (3) of | 34016 |
| section 3301.0711 of the Revised Code. | 34017 |
| (2) In calculating performance index scores, rates of | 34018 |
| achievement on the performance indicators established by the state | 34019 |
| board under section 3302.02 of the Revised Code, and adequate | 34020 |
| yearly progress for school districts and buildings under this | 34021 |
| section, the department shall do all of the following: | 34022 |
| (a) Include for each district or building only those students | 34023 |
| who are included in the ADM certified for the first full school | 34024 |
| week of October and are continuously enrolled in the district or | 34025 |
| building through the time of the spring administration of any test | 34026 |
| prescribed by section 3301.0710 of the Revised Code that is | 34027 |
| administered to the student's grade level; | 34028 |
| (b) Include cumulative totals from both the fall and spring | 34029 |
| administrations of the third grade reading achievement test; | 34030 |
| (c) Except as required by the "No Child Left Behind Act of | 34031 |
| 2001" for the calculation of adequate yearly progress, exclude for | 34032 |
| each district or building any limited English proficient student | 34033 |
| who has been enrolled in United States schools for less than one | 34034 |
| full school year. | 34035 |
| Sec. 3304.231. There is hereby created a brain injury | 34036 |
| advisory committee, which shall advise the administrator of the | 34037 |
| rehabilitation services commission and the brain injury program | 34038 |
| with regard to unmet needs of survivors of brain injury, | 34039 |
| development of programs for survivors and their families, | 34040 |
| establishment of training programs for health care professionals, | 34041 |
| and any other matter within the province of the brain injury | 34042 |
|
program. The committee shall consist of not | 34043 |
| 34044 | |
| follows: | 34045 |
| (A) Not | 34046 |
| appointed by the administrator of the rehabilitation services | 34047 |
| commission, including all of the following: a survivor of brain | 34048 |
| injury, a relative of a survivor of brain injury, a licensed | 34049 |
| physician recommended by the Ohio chapter of the American college | 34050 |
| of emergency physicians, a licensed physician recommended by the | 34051 |
| Ohio state medical association, one other health care | 34052 |
| professional, a rehabilitation professional, an individual who | 34053 |
|
represents the brain injury association of Ohio, and
not | 34054 |
| fewer than three nor more than five individuals who shall | 34055 |
| represent the public; | 34056 |
| (B) The directors of the departments of health, alcohol and | 34057 |
| drug addiction services, mental retardation and developmental | 34058 |
| disabilities, mental health, job and family services, aging, and | 34059 |
| 34060 | |
| the superintendent of public instruction; and the administrator of | 34061 |
| the rehabilitation services commission. Any of the officials | 34062 |
| specified in this division may designate an individual to serve in | 34063 |
| the official's place as a member of the committee. | 34064 |
| | 34065 |
| 34066 | |
| 34067 | |
| 34068 | |
| shall be two years. Members may be reappointed. Vacancies shall | 34069 |
| be filled in the manner provided for original appointments. Any | 34070 |
| member appointed to fill a vacancy occurring prior to the | 34071 |
| expiration date of the term for which the member's predecessor was | 34072 |
| appointed shall hold office as a member for the remainder of that | 34073 |
| term. | 34074 |
| Members of the committee shall serve without compensation, | 34075 |
| but shall be reimbursed for actual and necessary expenses incurred | 34076 |
| in the performance of their duties. | 34077 |
| Sec. 3310.03. (A) A student is an "eligible student" for | 34078 |
| purposes of the educational choice scholarship pilot program if | 34079 |
| the student's resident district is not a school district in which | 34080 |
| the pilot project scholarship program is operating under sections | 34081 |
| 3313.974 to 3313.979 of the Revised Code and the student satisfies | 34082 |
| one of the following conditions: | 34083 |
| (1) The student is enrolled in a school building that is | 34084 |
| operated by the student's resident district and to which both of | 34085 |
| the following apply: | 34086 |
| (a) The building was declared, in at least two of the three | 34087 |
| most recent ratings of school buildings published prior to the | 34088 |
| first day of July of the school year for which a scholarship is | 34089 |
| sought, to be in a state of academic emergency or academic watch | 34090 |
| under section 3302.03 of the Revised Code; | 34091 |
| (b) The building was not declared to be excellent or | 34092 |
| effective under that section in the most recent rating published | 34093 |
| prior to the first day of July of the school year for which a | 34094 |
| scholarship is sought. | 34095 |
| (2) The student is eligible to enroll in kindergarten in the | 34096 |
| school year for which a scholarship is sought and otherwise would | 34097 |
| be assigned under section 3319.01 of the Revised Code to a school | 34098 |
| building described in division (A)(1) of this section. | 34099 |
| (3) The student is enrolled in a community school established | 34100 |
| under Chapter 3314. of the Revised Code but otherwise would be | 34101 |
| assigned under section 3319.01 of the Revised Code to a building | 34102 |
| described in division (A)(1) of this section. | 34103 |
| (4) The student is enrolled in a school building that is | 34104 |
| operated by the student's resident district or in a community | 34105 |
| school established under Chapter 3314. of the Revised Code and | 34106 |
| otherwise would be assigned under section 3319.01 of the Revised | 34107 |
| Code to a school building described in division (A)(1) of this | 34108 |
| section in the school year for which the scholarship is sought. | 34109 |
| (5) The student is eligible to enroll in kindergarten in the | 34110 |
| school year for which a scholarship is sought, or is enrolled in a | 34111 |
| community school established under Chapter 3314. of the Revised | 34112 |
| Code, and all of the following apply to the student's resident | 34113 |
| district: | 34114 |
| (a) The district has in force an intradistrict open | 34115 |
| enrollment policy under which no student in kindergarten or the | 34116 |
| community school student's grade level, respectively, is | 34117 |
| automatically assigned to a particular school building; | 34118 |
| (b) In at least two of the three most recent ratings of | 34119 |
| school districts published prior to the first day of July of the | 34120 |
| school year for which a scholarship is sought, the district was | 34121 |
| declared to be in a state of academic emergency under section | 34122 |
| 3302.03 of the Revised Code; | 34123 |
| (c) The district was not declared to be excellent or | 34124 |
| effective under that section in the most recent rating published | 34125 |
| prior to the first day of July of the school year for which a | 34126 |
| scholarship is sought. | 34127 |
| (6) The student is enrolled in a new school building that is | 34128 |
| operated by the student's resident district and to which all of | 34129 |
| the following apply: | 34130 |
| (a) The new building is open for instruction for its second | 34131 |
| or third school year. | 34132 |
| (b) For the first school year that the new building was open | 34133 |
| for instruction, at least seventy-five per cent of the enrolled | 34134 |
| students had transferred directly from two or more school | 34135 |
| buildings that closed and to each of which all of the following | 34136 |
| apply: | 34137 |
| (i) The closed buildings were operated by the same school | 34138 |
| district that operates the new building. | 34139 |
| (ii) The closed buildings offered at least some of the grade | 34140 |
| levels that the new building also offers. | 34141 |
| (iii) The closed buildings were declared, for at least two of | 34142 |
| their last three ratings under section 3302.03 of the Revised | 34143 |
| Code, to be in a state of academic emergency or academic watch. | 34144 |
| (iv) The closed buildings were not declared to be excellent | 34145 |
| or effective in their last rating under section 3302.03 of the | 34146 |
| Revised Code. | 34147 |
| (c) If the new building is conducting its second school year | 34148 |
| of instruction, the building was declared, based on its first | 34149 |
| school year of instruction, to be in a state of academic emergency | 34150 |
| or academic watch under section 3302.03 of the Revised Code. | 34151 |
| (d) If the new building is conducting its third school year | 34152 |
| of instruction, the building was declared, based on either its | 34153 |
| first or second school year of instruction, to be in a state of | 34154 |
| academic emergency or academic watch under section 3302.03 of the | 34155 |
| Revised Code, but was not declared to be excellent or effective | 34156 |
| under that section based on its second school year of instruction. | 34157 |
| (7) The student is eligible to enroll in kindergarten in the | 34158 |
| school year for which a scholarship is sought and otherwise would | 34159 |
| be assigned under section 3319.01 of the Revised Code to a school | 34160 |
| building described in division (A)(6) of this section. | 34161 |
| (8) The student is enrolled in a community school established | 34162 |
| under Chapter 3314. of the Revised Code but otherwise would be | 34163 |
| assigned under section 3319.01 of the Revised Code to a building | 34164 |
| described in division (A)(6) of this section. | 34165 |
| (B) A student who receives a scholarship under the | 34166 |
| educational choice scholarship pilot program remains an eligible | 34167 |
| student and may continue to receive scholarships in subsequent | 34168 |
| school years until the student completes grade twelve, so long as | 34169 |
| all of the following apply: | 34170 |
| (1) The student's resident district remains the same, or the | 34171 |
| student transfers to a new resident district and otherwise would | 34172 |
| be assigned in the new resident district to a school building | 34173 |
| described in division (A)(1) or (6) of this section; | 34174 |
| (2) The student takes each state test prescribed for the | 34175 |
| student's grade level under section 3301.0710 or 3301.0712 of the | 34176 |
| Revised Code while enrolled in a chartered nonpublic school; | 34177 |
| (3) In each school year that the student is enrolled in a | 34178 |
| chartered nonpublic school, the student is absent from school for | 34179 |
| not more than twenty days that the school is open for instruction, | 34180 |
| not including excused absences. | 34181 |
| (C) The department shall cease awarding first-time | 34182 |
| scholarships pursuant to divisions (A)(1) to (4) of this section | 34183 |
| with respect to a school building that, in the most recent ratings | 34184 |
| of school buildings published under section 3302.03 of the Revised | 34185 |
| Code prior to the first day of July of the school year, ceases to | 34186 |
| meet the criteria in division (A)(1) of this section. The | 34187 |
| department shall cease awarding first-time scholarships pursuant | 34188 |
| to division (A)(5) of this section with respect to a school | 34189 |
| district that, in the most recent ratings of school districts | 34190 |
| published under section 3302.03 of the Revised Code prior to the | 34191 |
| first day of July of the school year, ceases to meet the criteria | 34192 |
| in division (A)(5) of this section. However, students who have | 34193 |
| received scholarships in the prior school year remain eligible | 34194 |
| students pursuant to division (B) of this section. | 34195 |
| (D) The state board of education shall adopt rules defining | 34196 |
| excused absences for purposes of division (B)(3) of this section. | 34197 |
| Sec. 3310.51. As used in sections 3310.51 to 3310.64 of the | 34198 |
| Revised Code: | 34199 |
| (A) "Alternative public provider" means either of the | 34200 |
| following providers that agrees to enroll a child in the | 34201 |
| provider's special education program to implement the child's | 34202 |
| individualized education program and to which the eligible | 34203 |
| applicant owes fees for the services provided to the child: | 34204 |
| (1) A school district that is not the school district in | 34205 |
| which the child is entitled to attend school or the child's school | 34206 |
| district of residence, if different; | 34207 |
| (2) A public entity other than a school district. | 34208 |
| (B) "Applicable special education weight" means the multiple | 34209 |
| specified in section 3317.013 of the Revised Code for the | 34210 |
| corresponding disability described in that section. | 34211 |
| (C) "Category one through six special education ADM" means | 34212 |
| the respective categories prescribed in divisions (F)(1) to (6) of | 34213 |
| section 3317.02 of the Revised Code. | 34214 |
| (D) "Child with a disability" and "individualized education | 34215 |
| program" have the same meanings as in section 3323.01 of the | 34216 |
| Revised Code. | 34217 |
| (E) "Eligible applicant" means any of the following: | 34218 |
| (1) Either of the natural or adoptive parents of a qualified | 34219 |
| special education child, except as otherwise specified in this | 34220 |
| division. When the marriage of the natural or adoptive parents of | 34221 |
| the student has been terminated by a divorce, dissolution of | 34222 |
| marriage, or annulment, or when the natural or adoptive parents of | 34223 |
| the student are living separate and apart under a legal separation | 34224 |
| decree, and a court has issued an order allocating the parental | 34225 |
| rights and responsibilities with respect to the child, "eligible | 34226 |
| applicant" means the residential parent as designated by the | 34227 |
| court. If the court issues a shared parenting decree, "eligible | 34228 |
| applicant" means either parent. "Eligible applicant" does not mean | 34229 |
| a parent whose custodial rights have been terminated. | 34230 |
| (2) The custodian of a qualified special education child, | 34231 |
| when a court has granted temporary, legal, or permanent custody of | 34232 |
| the child to an individual other than either of the natural or | 34233 |
| adoptive parents of the child or to a government agency; | 34234 |
| (3) The guardian of a qualified special education child, when | 34235 |
| a court has appointed a guardian for the child; | 34236 |
| (4) The grandparent of a qualified special education child, | 34237 |
| when the grandparent is the child's attorney in fact under a power | 34238 |
| of attorney executed under sections 3109.51 to 3109.62 of the | 34239 |
| Revised Code or when the grandparent has executed a caregiver | 34240 |
| authorization affidavit under sections 3109.65 to 3109.73 of the | 34241 |
| Revised Code; | 34242 |
| (5) The surrogate parent appointed for a qualified special | 34243 |
| education child pursuant to division (B) of section 3323.05 and | 34244 |
| section 3323.051 of the Revised Code; | 34245 |
| (6) A qualified special education child, if the child does | 34246 |
| not have a custodian or guardian and the child is at least | 34247 |
| eighteen years of age. | 34248 |
| (F) "Entitled to attend school" means entitled to attend | 34249 |
| school in a school district under sections 3313.64 and 3313.65 of | 34250 |
| the Revised Code. | 34251 |
| (G) "Formula ADM" and "formula amount" have the same meanings | 34252 |
| as in section 3317.02 of the Revised Code. | 34253 |
| (H) "Qualified special education child" is a child for whom | 34254 |
| all of the following conditions apply: | 34255 |
| (1) The child is at least five years of age and less than | 34256 |
| twenty-two years of age. | 34257 |
| (2) The school district in which the child is entitled to | 34258 |
| attend school, or the child's school district of residence if | 34259 |
| different, has identified the child as a child with a disability. | 34260 |
| (3) The school district in which the child is entitled to | 34261 |
| attend school, or the child's school district of residence if | 34262 |
| different, has developed an individualized education program under | 34263 |
| Chapter 3323. of the Revised Code for the child. | 34264 |
| (4) The child either: | 34265 |
| (a) Was enrolled in the schools of the school district in | 34266 |
| which the child is entitled to attend school in any grade from | 34267 |
| kindergarten through twelve in the school year prior to the school | 34268 |
| year in which a scholarship is first sought for the child; | 34269 |
| (b) Is eligible to enter school in any grade kindergarten | 34270 |
| through twelve in the school district in which the child is | 34271 |
| entitled to attend school in the school year in which a | 34272 |
| scholarship is first sought for the child. | 34273 |
| (5) The department of education has not approved a | 34274 |
| scholarship for the child under the autism scholarship program | 34275 |
| under section 3310.41 of the Revised Code for the same school year | 34276 |
| in which a scholarship under the special education scholarship | 34277 |
| pilot program is sought. | 34278 |
| (I) "Registered private provider" means a nonpublic school or | 34279 |
| other nonpublic entity that has been registered by the | 34280 |
| superintendent of public instruction under section 3310.58 of the | 34281 |
| Revised Code. | 34282 |
| (J) "Scholarship" means a scholarship awarded under the | 34283 |
| special education scholarship pilot program pursuant to sections | 34284 |
| 3310.51 to 3310.64 of the Revised Code. | 34285 |
| (K) "School district of residence" has the same meaning as in | 34286 |
| section 3323.01 of the Revised Code. A community school | 34287 |
| established under Chapter 3314. of the Revised Code is not a | 34288 |
| "school district of residence" for purposes of sections 3310.51 to | 34289 |
| 3310.64 of the Revised Code. | 34290 |
| (L) "School year" has the same meaning as in section 3313.62 | 34291 |
| of the Revised Code. | 34292 |
| (M) "Special education program" means a school or facility | 34293 |
| that provides special education and related services to children | 34294 |
| with disabilities. | 34295 |
| Sec. 3310.52. (A) The special education scholarship pilot | 34296 |
| program is hereby established. Under the program, in fiscal years | 34297 |
| 2012 through 2017, subject to division (B) of this section, the | 34298 |
| department of education annually shall pay a scholarship to an | 34299 |
| eligible applicant for services provided by an alternative public | 34300 |
| provider or a registered private provider for a qualified special | 34301 |
| education child. The scholarship shall be used only to pay all or | 34302 |
| part of the fees for the child to attend the special education | 34303 |
| program operated by the alternative public provider or registered | 34304 |
| private provider to implement the child's individualized | 34305 |
| education program, in lieu of the child's attending the special | 34306 |
| education program operated by the school district in which the | 34307 |
| child is entitled to attend school, and other services agreed to | 34308 |
| by the provider and eligible applicant that are not included in | 34309 |
| the individualized education program but are associated with | 34310 |
| educating the child. Upon agreement with the eligible applicant, | 34311 |
| the alternative public provider or registered private provider | 34312 |
| may modify the services provided to the child. | 34313 |
| (B) The number of scholarships awarded under the pilot | 34314 |
| program in any fiscal year shall not exceed three per cent of the | 34315 |
| total number of students residing in the state identified as | 34316 |
| children with disabilities during the previous fiscal year. | 34317 |
| (C) No scholarship or renewal of a scholarship shall be | 34318 |
| awarded to an eligible applicant on behalf of a qualified special | 34319 |
| education child for the next school year, unless on or before the | 34320 |
| fifteenth day of April the eligible applicant completes the | 34321 |
| application for the scholarship or renewal, in the manner | 34322 |
| prescribed by the department, and notifies the school district in | 34323 |
| which the child is entitled to attend school that the eligible | 34324 |
| applicant has applied for the scholarship or renewal. | 34325 |
| Sec. 3310.521. (A) As a condition of receiving payments for a | 34326 |
| scholarship, each eligible applicant shall attest to receipt of | 34327 |
| the profile prescribed by division (B) of this section. Such | 34328 |
| attestation shall be made and submitted to the department of | 34329 |
| education in the form and manner as required by the department. | 34330 |
| (B) The alternative public provider or registered private | 34331 |
| provider that enrolls a qualified special education child shall | 34332 |
| submit in writing to the eligible applicant to whom a scholarship | 34333 |
| is awarded on behalf of that child a profile of the provider's | 34334 |
| special education program, in a form as prescribed by the | 34335 |
| department, that shall contain all of the following: | 34336 |
| (1) Information regarding the financial status of the | 34337 |
| provider; | 34338 |
| (2) Methods of instruction that will be utilized by the | 34339 |
| provider to provide services to the qualified special education | 34340 |
| child; | 34341 |
| (3) Qualifications of teachers, instructors, and other | 34342 |
| persons who will be engaged by the provider to provide services to | 34343 |
| the qualified special education child; | 34344 |
| (4) Results of the evaluation of the academic program of the | 34345 |
| provider; | 34346 |
| (5) Any other information required by the department. | 34347 |
| Sec. 3310.53. (A) Except for development of the child's | 34348 |
| individualized education program, as specified in division (B) of | 34349 |
| this section, the school district in which a qualified special | 34350 |
| education child is entitled to attend school and the child's | 34351 |
| school district of residence, if different, are not obligated to | 34352 |
| provide the child with a free appropriate public education under | 34353 |
| Chapter 3323. of the Revised Code for as long as the child | 34354 |
| continues to attend the special education program operated by | 34355 |
| either an alternative public provider or a registered private | 34356 |
| provider for which a scholarship is awarded under the special | 34357 |
| education scholarship pilot program. If at any time, the eligible | 34358 |
| applicant for the child decides no longer to accept scholarship | 34359 |
| payments and enrolls the child in the special education program of | 34360 |
| the school district in which the child is entitled to attend | 34361 |
| school, that district shall provide the child with a free | 34362 |
| appropriate public education under Chapter 3323. of the Revised | 34363 |
| Code. | 34364 |
| (B) Each eligible applicant and each qualified special | 34365 |
| education child have a continuing right to the development of an | 34366 |
| individualized education program for the child that complies with | 34367 |
| Chapter 3323. of the Revised Code, 20 U.S.C. 1400 et seq., and | 34368 |
| administrative rules or guidelines adopted by the Ohio department | 34369 |
| of education or the United States department of education. The | 34370 |
| school district in which a qualified special education child is | 34371 |
| entitled to attend school, or the child's school district of | 34372 |
| residence if different, shall develop each individualized | 34373 |
| education program for the child in accordance with those | 34374 |
| provisions. | 34375 |
| (C) Each school district shall notify an eligible applicant | 34376 |
| of the applicant's and qualified special education child's rights | 34377 |
| under sections 3310.51 to 3310.64 of the Revised Code by providing | 34378 |
| to each eligible applicant the comparison document prescribed in | 34379 |
| section 3323.052 of the Revised Code. An eligible applicant's | 34380 |
| receipt of that document, as acknowledged in a format prescribed | 34381 |
| by the department of education, shall constitute notice that the | 34382 |
| eligible applicant has been informed of those rights. Upon receipt | 34383 |
| of that document, subsequent acceptance of a scholarship | 34384 |
| constitutes the eligible applicant's informed consent to the | 34385 |
| provisions of sections 3310.51 to 3310.64 of the Revised Code. | 34386 |
| Sec. 3310.54. As prescribed in divisions (A)(2)(f), | 34387 |
| (B)(3)(g), and (B)(5) to (10) of section 3317.03 of the Revised | 34388 |
| Code, a qualified special education child in any of grades | 34389 |
| kindergarten through twelve for whom a scholarship is awarded | 34390 |
| under the special education scholarship pilot program shall be | 34391 |
| counted in the formula ADM and category one through six special | 34392 |
| education ADM, as appropriate, of the school district in which the | 34393 |
| child is entitled to attend school. A qualified special education | 34394 |
| child shall not be counted in the formula ADM or category one | 34395 |
| through six special education ADM of any other school district. | 34396 |
| Sec. 3310.55. The department of education shall deduct from | 34397 |
| a school district's state education aid, as defined in section | 34398 |
| 3317.02 of the Revised Code, and if necessary, from its payment | 34399 |
| under sections 321.24 and 323.156 of the Revised Code, the | 34400 |
| aggregate amount of scholarships paid under section 3310.57 of the | 34401 |
| Revised Code for qualified special education children included in | 34402 |
| the formula ADM and the category one through six special education | 34403 |
| ADM of that school district. | 34404 |
| Sec. 3310.56. The amount of the scholarship awarded and paid | 34405 |
| to an eligible applicant for services for a qualified special | 34406 |
| education child under the special education scholarship pilot | 34407 |
| program in each school year shall be the least of the following: | 34408 |
| (A) The amount of fees charged for that school year by the | 34409 |
| alternative public provider or registered private provider; | 34410 |
| (B) The sum of the amounts calculated under divisions (B)(1) | 34411 |
| and (2) of this section: | 34412 |
| (1) The sum of the formula amount plus the per pupil amount | 34413 |
| of the base funding supplements specified in divisions (C)(1) to | 34414 |
| (4) of section 3317.012 of the Revised Code; | 34415 |
| (2) The formula amount times the applicable special education | 34416 |
| weight for the child's disability; | 34417 |
| (C) Twenty thousand dollars. | 34418 |
| Sec. 3310.57. The department of education shall make | 34419 |
| periodic payments to an eligible applicant for services for each | 34420 |
| qualified special education child for whom a scholarship has been | 34421 |
| awarded. The total of all payments made to an applicant in each | 34422 |
| school year shall not exceed the amount calculated for the child | 34423 |
| under section 3310.56 of the Revised Code. | 34424 |
| The scholarship amount shall be proportionately reduced in | 34425 |
| the case of a child who is not enrolled in the special education | 34426 |
| program of an alternative public provider or a registered private | 34427 |
| provider for the entire school year. | 34428 |
| In accordance with division (A) of section 3310.62 of the | 34429 |
| Revised Code, the department shall make no payments to an | 34430 |
| applicant for a first-time scholarship for a qualified special | 34431 |
| education child while any administrative or judicial mediation or | 34432 |
| proceedings with respect to the content of the child's | 34433 |
| individualized education program are pending. | 34434 |
| Sec. 3310.58. No nonpublic school or entity shall receive | 34435 |
| payments from an eligible applicant for services for a qualified | 34436 |
| special education child under the special education scholarship | 34437 |
| pilot program until the school or entity registers with the | 34438 |
| superintendent of public instruction. The superintendent shall | 34439 |
| register and designate as a registered private provider any | 34440 |
| nonpublic school or entity that meets the following requirements: | 34441 |
| (A) The special education program operated by the school or | 34442 |
| entity meets the minimum education standards established by the | 34443 |
| state board of education. | 34444 |
| (B) The school or entity complies with the antidiscrimination | 34445 |
| provisions of 42 U.S.C. 2000d, regardless of whether the school or | 34446 |
| entity receives federal financial assistance. | 34447 |
| (C) If the school or entity is not chartered by the state | 34448 |
| board under section 3301.16 of the Revised Code, the school or | 34449 |
| entity agrees to comply with section 3319.39 of the Revised Code | 34450 |
| as if it were a school district. | 34451 |
| (D) The teaching and nonteaching professionals employed by | 34452 |
| the school or entity, or employed by any subcontractors of the | 34453 |
| school or entity, hold credentials determined by the state board | 34454 |
| to be appropriate for the qualified special education children | 34455 |
| enrolled in the special education program it operates. | 34456 |
| (E) The school or entity meets applicable health and safety | 34457 |
| standards established by law for school buildings. | 34458 |
| (F) The school or entity agrees to retain on file | 34459 |
| documentation as required by the department of education. | 34460 |
| (G) The school or entity demonstrates fiscal soundness to the | 34461 |
| satisfaction of the department. | 34462 |
| (H) The school or entity agrees to provide a record of the | 34463 |
| implementation of the individualized education program for each | 34464 |
| qualified special education child enrolled in the school's or | 34465 |
| entity's special education program, including evaluation of the | 34466 |
| child's progress, to the school district in which the child is | 34467 |
| entitled to attend school, in the form and manner prescribed by | 34468 |
| the department. | 34469 |
| (I) The school or entity agrees that, if it declines to | 34470 |
| enroll a particular qualified special education child, it will | 34471 |
| notify in writing the eligible applicant of its reasons for | 34472 |
| declining to enroll the child. | 34473 |
| (J) The school or entity agrees to meet other requirements | 34474 |
| established by rule of the state board under section 3310.64 of | 34475 |
| the Revised Code. | 34476 |
| Sec. 3310.59. The superintendent of public instruction shall | 34477 |
| revoke the registration of any school or entity if, after a | 34478 |
| hearing, the superintendent determines that the school or entity | 34479 |
| is in violation of any provision of section 3310.58 of the Revised | 34480 |
| Code. | 34481 |
| Sec. 3310.60. A qualified special education child attending | 34482 |
| a special education program at an alternative public provider or a | 34483 |
| registered private provider with a scholarship shall be entitled | 34484 |
| to transportation to and from that program in the manner | 34485 |
| prescribed by law for any child with a disability attending a | 34486 |
| nonpublic special education program. | 34487 |
| Sec. 3310.61. An eligible applicant on behalf of a child who | 34488 |
| currently attends a public special education program under a | 34489 |
| contract, compact, or other bilateral agreement, or on behalf of a | 34490 |
| child who currently attends a community school, shall not be | 34491 |
| prohibited from applying for and accepting a scholarship so that | 34492 |
| the applicant may withdraw the child from that program or | 34493 |
| community school and use the scholarship for the child to attend a | 34494 |
| special education program operated by an alternative public | 34495 |
| provider or a registered private provider. | 34496 |
| Sec. 3310.62. (A) A scholarship under the special education | 34497 |
| scholarship pilot program shall not be awarded for the first time | 34498 |
| to an eligible applicant on behalf of a qualified special | 34499 |
| education child while the child's individualized education program | 34500 |
| is being developed by the school district in which the child is | 34501 |
| entitled to attend school, or by the child's school district of | 34502 |
| residence if different, or while any administrative or judicial | 34503 |
| mediation or proceedings with respect to the content of that | 34504 |
| individualized education program are pending. | 34505 |
| (B) Development of individualized education programs | 34506 |
| subsequent to the one developed for the child the first time a | 34507 |
| scholarship was awarded on behalf of the child and the | 34508 |
| prosecuting, by the eligible applicant on behalf of the child, of | 34509 |
| administrative or judicial mediation or proceedings with respect | 34510 |
| to any of those subsequent individualized education programs do | 34511 |
| not affect the applicant's and the child's continued eligibility | 34512 |
| for scholarship payments. | 34513 |
| (C) In the case of any child for whom a scholarship has been | 34514 |
| awarded, if the school district in which the child is entitled to | 34515 |
| attend school has agreed to provide some services for the child | 34516 |
| under an agreement entered into with the eligible applicant or | 34517 |
| with the alternative public provider or registered private | 34518 |
| provider implementing the child's individualized education | 34519 |
| program, or if the district is required by law to provide some | 34520 |
| services for the child, including transportation services under | 34521 |
| sections 3310.60 and 3327.01 of the Revised Code, the district | 34522 |
| shall not discontinue the services it is providing pending | 34523 |
| completion of any administrative proceedings regarding those | 34524 |
| services. The prosecuting, by the eligible applicant on behalf of | 34525 |
| the child, of administrative proceedings regarding the services | 34526 |
| provided by the district does not affect the applicant's and the | 34527 |
| child's continued eligibility for scholarship payments. | 34528 |
| (D) The department of education shall continue to make | 34529 |
| payments to the eligible applicant under section 3310.57 of the | 34530 |
| Revised Code while either of the following are pending: | 34531 |
| (1) Administrative or judicial mediation or proceedings with | 34532 |
| respect to a subsequent individualized education program for the | 34533 |
| child referred to in division (B) of this section; | 34534 |
| (2) Administrative proceedings regarding services provided by | 34535 |
| the district under division (C) of this section. | 34536 |
| Sec. 3310.63. (A) Only for the purpose of administering the | 34537 |
| special education scholarship pilot program, the department of | 34538 |
| education may request from any of the following entities the data | 34539 |
| verification code assigned under division (D)(2) of section | 34540 |
| 3301.0714 of the Revised Code to any qualified special education | 34541 |
| child for whom a scholarship is sought under the program: | 34542 |
| (1) The school district in which the child is entitled to | 34543 |
| attend school; | 34544 |
| (2) If applicable, the community school in which the child is | 34545 |
| enrolled; | 34546 |
| (3) The independent contractor engaged to create and maintain | 34547 |
| data verification codes. | 34548 |
| (B) Upon a request by the department under division (A) of | 34549 |
| this section for the data verification code of a qualified special | 34550 |
| education child or a request by the eligible applicant for the | 34551 |
| child for that code, the school district or community school | 34552 |
| shall submit that code to the department or applicant in the | 34553 |
| manner specified by the department. If the child has not been | 34554 |
| assigned a code, because the child will be entering kindergarten | 34555 |
| during the school year for which the scholarship is sought, the | 34556 |
| district shall assign a code to that child and submit the code to | 34557 |
| the department or applicant by a date specified by the | 34558 |
| department. If the district does not assign a code to the child | 34559 |
| by the specified date, the department shall assign a code to the | 34560 |
| child. | 34561 |
| The department annually shall submit to each school district | 34562 |
| the name and data verification code of each child residing in the | 34563 |
| district who is entering kindergarten, who has been awarded a | 34564 |
| scholarship under the program, and for whom the department has | 34565 |
| assigned a code under this division. | 34566 |
| (C) The department shall not release any data verification | 34567 |
| code that it receives under this section to any person except as | 34568 |
| provided by law. | 34569 |
| (D) Any document relative to the special education | 34570 |
| scholarship pilot program that the department holds in its files | 34571 |
| that contains both a qualified special education child's name or | 34572 |
| other personally identifiable information and the child's data | 34573 |
| verification code shall not be a public record under section | 34574 |
| 149.43 of the Revised Code. | 34575 |
| Sec. 3310.64. The state board of education shall adopt rules | 34576 |
| in accordance with Chapter 119. of the Revised Code prescribing | 34577 |
| procedures necessary to implement sections 3310.51 to 3310.62 of | 34578 |
| the Revised Code including, but not limited to, procedures for | 34579 |
| parents to apply for scholarships, standards for registered | 34580 |
| private providers, and procedures for registration of private | 34581 |
| providers. | 34582 |
| Sec. 3311.0510. (A) If all of the local school districts | 34583 |
| that make up the territory of an educational service center have | 34584 |
| severed from the territory of that service center pursuant to | 34585 |
| section 3311.059 of the Revised Code, upon the effective date of | 34586 |
| the severance of the last remaining local school district to make | 34587 |
| up the territory of the service center, the governing board of | 34588 |
| that service center shall be abolished and such service center | 34589 |
| shall be dissolved by order of the superintendent of public | 34590 |
| instruction. The superintendent's order shall provide for the | 34591 |
| equitable division and disposition of the assets, property, | 34592 |
| debts, and obligations of the service center among the local | 34593 |
| school districts, of which the territory of the service center is | 34594 |
| or previously was made up, and shall provide that the tax | 34595 |
| duplicate of each of those local school districts shall be bound | 34596 |
| for and assume the district's equitable share of the outstanding | 34597 |
| indebtedness of the service center. The superintendent's order is | 34598 |
| final and is not appealable. | 34599 |
| Immediately upon the abolishment of the service center | 34600 |
| governing board pursuant to this section, the superintendent | 34601 |
| shall appoint a qualified individual to administer the | 34602 |
| dissolution of the service center and to implement the terms of | 34603 |
| the superintendent's dissolution order. Prior to distributing | 34604 |
| assets to any local school district, but after paying in full | 34605 |
| other debts and obligations of the service center, the | 34606 |
| superintendent of public instruction may assess against the | 34607 |
| remaining assets of the service center the amount of the costs | 34608 |
| incurred by the department of education in performing the | 34609 |
| superintendent's duties under this division, including the fees, | 34610 |
| if any, owed to the individual appointed to administer the | 34611 |
| superintendent's dissolution order. Any excess cost incurred by | 34612 |
| the department under this division shall be divided equitably | 34613 |
| among the local school districts, of which the territory of the | 34614 |
| service center is or previously was made up, and each district's | 34615 |
| share of that excess cost shall be bound against the tax duplicate | 34616 |
| of that district. | 34617 |
| (B) A final audit of the former service center shall be | 34618 |
| performed in accordance with procedures established by the | 34619 |
| auditor of state. | 34620 |
| (C) The public records of an educational service center that | 34621 |
| is dissolved under this section shall be transferred in accordance | 34622 |
| with this division. Public records maintained by the service | 34623 |
| center in connection with services provided by the service center | 34624 |
| to local school districts shall be transferred to each of the | 34625 |
| respective local school districts. Public records maintained by | 34626 |
| the service center in connection with services provided under an | 34627 |
| agreement with a city or exempted village school district pursuant | 34628 |
| to section 3313.843 of the Revised Code shall be transferred to | 34629 |
| each of the respective city or exempted village school districts. | 34630 |
| All other public records maintained by the service center at the | 34631 |
| time the service center ceases operations shall be transferred to | 34632 |
| the Ohio historical society for analysis and disposition by the | 34633 |
| society in its capacity as archives administrator for the state | 34634 |
| and its political subdivisions pursuant to division (C) of section | 34635 |
| 149.30 and section 149.31 of the Revised Code. | 34636 |
| Sec. 3313.46. (A) In addition to any other law governing | 34637 |
| the bidding for contracts by the board of education of any school | 34638 |
| district, when any such board determines to build, repair, | 34639 |
| enlarge, improve, or demolish any school building, the cost of | 34640 |
|
which will exceed | 34641 |
| cases of urgent necessity, or for the security and protection of | 34642 |
| school property, and except as otherwise provided in division | 34643 |
| (D) of section 713.23 and in section 125.04 of the Revised Code, | 34644 |
| all of the following shall apply: | 34645 |
| (1) The board shall cause to be prepared the plans, | 34646 |
| specifications, and related information as required in divisions | 34647 |
| (A), (B), and (D) of section 153.01 of the Revised Code unless the | 34648 |
| board determines that other information is sufficient to inform | 34649 |
| any bidders of the board's requirements. However, if the board | 34650 |
| determines that such other information is sufficient for bidding a | 34651 |
| project, the board shall not engage in the construction of any | 34652 |
| such project involving the practice of professional engineering, | 34653 |
| professional surveying, or architecture, for which plans, | 34654 |
| specifications, and estimates have not been made by, and the | 34655 |
| construction thereof inspected by, a licensed professional | 34656 |
| engineer, licensed professional surveyor, or registered architect. | 34657 |
| (2) The board shall advertise for bids once each week for a | 34658 |
| period of not less than two consecutive weeks in a newspaper of | 34659 |
| general circulation in the district before the date specified by | 34660 |
| the board for receiving bids. The board may also cause notice to | 34661 |
| be inserted in trade papers or other publications designated by | 34662 |
| it or to be distributed by electronic means, including posting | 34663 |
| the notice on the board's internet web site. If the board posts | 34664 |
| the notice on its web site, it may eliminate the second notice | 34665 |
| otherwise required to be published in a newspaper of general | 34666 |
| circulation within the school district, provided that the first | 34667 |
| notice published in such newspaper meets all of the following | 34668 |
| requirements: | 34669 |
| (a) It is published at least two weeks before the opening of | 34670 |
| bids. | 34671 |
| (b) It includes a statement that the notice is posted on the | 34672 |
| board of education's internet web site. | 34673 |
| (c) It includes the internet address of the board's internet | 34674 |
| web site. | 34675 |
| (d) It includes instructions describing how the notice may be | 34676 |
| accessed on the board's internet web site. | 34677 |
| (3) Unless the board extends the time for the opening of bids | 34678 |
| they shall be opened at the time and place specified by the board | 34679 |
| in the advertisement for the bids. | 34680 |
| (4) Each bid shall contain the name of every person | 34681 |
| interested therein. Each bid shall meet the requirements of | 34682 |
| section 153.54 of the Revised Code. | 34683 |
| (5) When both labor and materials are embraced in the work | 34684 |
| bid for, the board may require that each be separately stated in | 34685 |
| the bid, with the price thereof, or may require that bids be | 34686 |
| submitted without such separation. | 34687 |
| (6) None but the lowest responsible bid shall be accepted. | 34688 |
| The board may reject all the bids, or accept any bid for both | 34689 |
| labor and material for such improvement or repair, which is the | 34690 |
| lowest in the aggregate. In all other respects, the award of | 34691 |
| contracts for improvement or repair, but not for purchases made | 34692 |
| under section 3327.08 of the Revised Code, shall be pursuant to | 34693 |
| section 153.12 of the Revised Code. | 34694 |
| (7) The contract shall be between the board and the bidders. | 34695 |
| The board shall pay the contract price for the work pursuant to | 34696 |
| sections 153.13 and 153.14 of the Revised Code. The board shall | 34697 |
| approve and retain the estimates referred to in section 153.13 of | 34698 |
| the Revised Code and make them available to the auditor of state | 34699 |
| upon request. | 34700 |
| (8) When two or more bids are equal, in the whole, or in any | 34701 |
| part thereof, and are lower than any others, either may be | 34702 |
| accepted, but in no case shall the work be divided between such | 34703 |
| bidders. | 34704 |
| (9) When there is reason to believe there is collusion or | 34705 |
| combination among the bidders, or any number of them, the bids of | 34706 |
| those concerned therein shall be rejected. | 34707 |
| (B) Division (A) of this section does not apply to the board | 34708 |
| of education of any school district in any of the following | 34709 |
| situations: | 34710 |
| (1) The acquisition of educational materials used in | 34711 |
| teaching. | 34712 |
| (2) If the board determines and declares by resolution | 34713 |
| adopted by two-thirds of all its members that any item is | 34714 |
| available and can be acquired only from a single source. | 34715 |
| (3) If the board declares by resolution adopted by two-thirds | 34716 |
| of all its members that division (A) of this section does not | 34717 |
| apply to any installation, modification, or remodeling involved in | 34718 |
| any energy conservation measure undertaken through an installment | 34719 |
| payment contract under section 3313.372 of the Revised Code or | 34720 |
| undertaken pursuant to division (G) of section 133.06 of the | 34721 |
| Revised Code. | 34722 |
| (4) The acquisition of computer software for instructional | 34723 |
| purposes and computer hardware for instructional purposes pursuant | 34724 |
| to division (B)(4) of section 3313.37 of the Revised Code. | 34725 |
| (C) No resolution adopted pursuant to division (B)(2) or (3) | 34726 |
| of this section shall have any effect on whether sections 153.12 | 34727 |
| to 153.14 and 153.54 of the Revised Code apply to the board of | 34728 |
| education of any school district with regard to any item. | 34729 |
| Sec. 3313.461. If the board of education of any school | 34730 |
| district determines to contract for the purchase of maintenance | 34731 |
| services for its buildings or grounds or for its school buses or | 34732 |
| other transportation equipment, the cost of which services will | 34733 |
| exceed fifty thousand dollars, the board shall make such purchase | 34734 |
| only after selecting the contractor through a competitive bidding | 34735 |
| process in accordance with divisions (A)(2) to (9) of section | 34736 |
| 3313.46 of the Revised Code, except that any provisions of Chapter | 34737 |
| 153. of the Revised Code prescribed in those divisions shall not | 34738 |
| apply to a purchase made under this section. | 34739 |
| Sec. 3313.53. (A) As used in this section: | 34740 |
| (1) "Licensed individual" means an individual who holds a | 34741 |
| valid educator license, certificate, or permit issued by the state | 34742 |
|
board of education under section 3319.22, 3319.26, or 3319.27 | 34743 |
| 34744 |
| (2) "Nonlicensed individual" means an individual who does not | 34745 |
| hold a valid educator license, certificate, or permit issued by | 34746 |
| the state board of education under section 3319.22, 3319.26, or | 34747 |
|
3319.27 | 34748 |
| (B) The board of education of any city, exempted village, or | 34749 |
| local school district may establish and maintain in connection | 34750 |
| with the public school systems: | 34751 |
| (1) Manual training, industrial arts, domestic science, and | 34752 |
| commercial departments; | 34753 |
| (2) Agricultural, industrial, vocational, and trades schools. | 34754 |
| Such board may pay from the public school funds, as other | 34755 |
| school expenses are paid, the expenses of establishing and | 34756 |
| maintaining such departments and schools and of directing, | 34757 |
| supervising, and coaching the pupil-activity programs in music, | 34758 |
| language, arts, speech, government, athletics, and any others | 34759 |
| directly related to the curriculum. | 34760 |
| (C) The board of education of any city, exempted village, or | 34761 |
| local school district may employ a nonlicensed individual to | 34762 |
| direct, supervise, or coach a pupil-activity program as long as | 34763 |
| that individual holds a valid pupil-activity program permit issued | 34764 |
| by the state board of education under division (A) of section | 34765 |
| 3319.303 of the Revised Code. | 34766 |
| (D)(1) Except as provided in division (D)(2) of this section, | 34767 |
| a nonlicensed individual who holds a valid pupil-activity program | 34768 |
| permit may be employed under division (C) of this section only | 34769 |
| after the school district's board of education adopts a resolution | 34770 |
| stating that it has offered such position to those employees of | 34771 |
| the district who are licensed individuals and no such employee | 34772 |
| qualified to fill the position has accepted it, and has then | 34773 |
| advertised the position as available to any licensed individual | 34774 |
| who is qualified to fill it and who is not employed by the board, | 34775 |
| and no such person has applied for and accepted the position. | 34776 |
| (2) A board of education may renew the contract of any | 34777 |
| nonlicensed individual, currently employed by the board under | 34778 |
| division (C) of this section for one or more years, without first | 34779 |
| offering the position held by that individual to employees of the | 34780 |
| district who are licensed individuals or advertising the position | 34781 |
| as available to any qualified licensed individuals who are not | 34782 |
| currently employed by the board as otherwise required under | 34783 |
| division (D)(1) of this section. | 34784 |
| (E) A nonlicensed individual employed under this section is a | 34785 |
| nonteaching employee and is not an educational assistant as | 34786 |
| defined in section 3319.088 of the Revised Code. A nonlicensed | 34787 |
| individual may direct, supervise, or coach a pupil-activity | 34788 |
| program under this section as long as that pupil-activity program | 34789 |
| does not include any class or course required or offered for | 34790 |
| credit toward a pupil's promotion to the next grade or for | 34791 |
| graduation, or any activity conducted as a part of or required for | 34792 |
| such a class or course. A nonlicensed individual employed under | 34793 |
| this section may perform only the duties of the director, | 34794 |
| supervisor, or coach of the pupil-activity program for which the | 34795 |
| nonlicensed individual is employed. | 34796 |
| (F) The board shall fix the compensation of each nonlicensed | 34797 |
| individual employed under this section, which shall be the same | 34798 |
| amount as the position was or would be offered to the district's | 34799 |
| licensed employees, and execute a written contract with the | 34800 |
| nonlicensed individual for a term not to exceed one year. The | 34801 |
| contract shall specify the compensation, duration, and other terms | 34802 |
| of employment, and the compensation shall not be reduced unless | 34803 |
| such reduction is a part of a uniform plan affecting the entire | 34804 |
| district. | 34805 |
| If the state board suspends, revokes, or limits the | 34806 |
| pupil-activity program permit of a nonlicensed individual, the | 34807 |
| school district board may terminate or suspend the employment | 34808 |
| contract of that individual. Otherwise, no contract issued under | 34809 |
| this section shall be terminated or suspended except pursuant to | 34810 |
| the procedure established by division (C) of section 3319.081 of | 34811 |
| the Revised Code. | 34812 |
| Sec. 3313.536. (A) The board of education of each city, | 34813 |
| exempted village, and local school district and the governing | 34814 |
| authority of each chartered nonpublic school shall adopt a | 34815 |
| comprehensive school safety plan for each school building under | 34816 |
| the board's or governing authority's control. The board or | 34817 |
| governing authority shall examine the environmental conditions and | 34818 |
| operations of each building to determine potential hazards to | 34819 |
| student and staff safety and shall propose operating changes to | 34820 |
| promote the prevention of potentially dangerous problems and | 34821 |
| circumstances. In developing the plan for each building, the board | 34822 |
| or governing authority shall involve community law enforcement and | 34823 |
| safety officials, parents of students who are assigned to the | 34824 |
| building, and teachers and nonteaching employees who are assigned | 34825 |
| to the building. The board or governing authority shall consider | 34826 |
| incorporating remediation strategies into the plan for any | 34827 |
| building where documented safety problems have occurred. | 34828 |
| The board or governing authority shall incorporate into the | 34829 |
| plan both of the following: | 34830 |
| (1) A protocol for addressing serious threats to the safety | 34831 |
| of school property, students, employees, or administrators; | 34832 |
| (2) A protocol for responding to any emergency events that do | 34833 |
| occur and that compromise the safety of school property, students, | 34834 |
| employees, or administrators. | 34835 |
| Each protocol shall include procedures deemed appropriate by | 34836 |
| the board or governing authority for responding to threats and | 34837 |
| emergency events, respectively, including such things as | 34838 |
| notification of appropriate law enforcement personnel, calling | 34839 |
| upon specified emergency response personnel for assistance, and | 34840 |
| informing parents of affected students. Prior to the opening day | 34841 |
| of each school year, the board or governing authority shall inform | 34842 |
| each student enrolled in the school and the student's parent of | 34843 |
| the parental notification procedures included in the protocol. | 34844 |
| (B) The board or governing authority shall update the safety | 34845 |
| plan at least once every three years and whenever a major | 34846 |
| modification to the building requires changes in the procedures | 34847 |
| outlined in the plan. | 34848 |
| (C) The board or governing authority shall file a copy of the | 34849 |
| current safety plan and building blueprint with each law | 34850 |
| enforcement agency that has jurisdiction over the school building | 34851 |
| and, upon request, the fire department that serves the political | 34852 |
| subdivision in which the school building is located. The board or | 34853 |
| governing authority also shall file a copy of the current safety | 34854 |
| plan and a floor plan of the building, but not a building | 34855 |
| blueprint, with the attorney general, who shall post that | 34856 |
| information on the Ohio law enforcement gateway or its successor. | 34857 |
| Copies of safety plans, building blueprints, and floor plans | 34858 |
| shall be filed as described in this division not later than the | 34859 |
|
ninety-first day after | 34860 |
| 30, 2007. If a board or governing authority revises a safety plan, | 34861 |
| building blueprint, or floor plan after the initial filing, the | 34862 |
| board or governing authority shall file copies of the revised | 34863 |
| safety plan, building blueprint, or floor plan in the manner | 34864 |
| described in this division not later than the ninety-first day | 34865 |
| after the revision is adopted. | 34866 |
| Copies of the safety plan and building blueprint are not a | 34867 |
| public record pursuant to section 149.433 of the Revised Code. | 34868 |
| Notwithstanding section 149.433 of the Revised Code, a | 34869 |
| building floor plan filed with the attorney general pursuant to | 34870 |
| this division is not a public record to the extent it is a record | 34871 |
| kept by the attorney general. This paragraph does not affect the | 34872 |
| status of a floor plan kept as a record by another public office. | 34873 |
| The board or governing authority, each law enforcement agency | 34874 |
| and fire department to which copies of the safety plan and | 34875 |
| building blueprint are provided, and the attorney general shall | 34876 |
| keep the copies in a secure place. | 34877 |
| (D) The board or governing authority shall grant access to | 34878 |
| each school building under its control to law enforcement | 34879 |
| personnel to enable the personnel to hold training sessions for | 34880 |
| responding to threats and emergency events affecting the building, | 34881 |
| provided that the access occurs outside of student instructional | 34882 |
| hours and an employee of the board or governing authority is | 34883 |
| present in the building during the training sessions. | 34884 |
| Sec. 3313.60. Notwithstanding division (D) of section | 34885 |
| 3311.52 of the Revised Code, divisions (A) to (E) of this section | 34886 |
| do not apply to any cooperative education school district | 34887 |
| established pursuant to divisions (A) to (C) of section 3311.52 of | 34888 |
| the Revised Code. | 34889 |
| (A) The board of education of each city and exempted village | 34890 |
| school district, the governing board of each educational service | 34891 |
| center, and the board of each cooperative education school | 34892 |
| district established pursuant to section 3311.521 of the Revised | 34893 |
| Code shall prescribe a curriculum for all schools under their | 34894 |
| control. Except as provided in division (E) of this section, in | 34895 |
| any such curriculum there shall be included the study of the | 34896 |
| following subjects: | 34897 |
| (1) The language arts, including reading, writing, spelling, | 34898 |
| oral and written English, and literature; | 34899 |
| (2) Geography, the history of the United States and of Ohio, | 34900 |
| and national, state, and local government in the United States, | 34901 |
| including a balanced presentation of the relevant contributions to | 34902 |
| society of men and women of African, Mexican, Puerto Rican, and | 34903 |
| American Indian descent as well as other ethnic and racial groups | 34904 |
| in Ohio and the United States; | 34905 |
| (3) Mathematics; | 34906 |
| (4) Natural science, including instruction in the | 34907 |
| conservation of natural resources; | 34908 |
| (5) Health education, which shall include instruction in: | 34909 |
| (a) The nutritive value of foods, including natural and | 34910 |
| organically produced foods, the relation of nutrition to health, | 34911 |
| the use and effects of food additives; | 34912 |
| (b) The harmful effects of and legal restrictions against the | 34913 |
| use of drugs of abuse, alcoholic beverages, and tobacco; | 34914 |
| (c) Venereal disease education, except that upon written | 34915 |
| request of the student's parent or guardian, a student shall be | 34916 |
| excused from taking instruction in venereal disease education; | 34917 |
| (d) In grades kindergarten through six, instruction in | 34918 |
| personal safety and assault prevention, except that upon written | 34919 |
| request of the student's parent or guardian, a student shall be | 34920 |
| excused from taking instruction in personal safety and assault | 34921 |
| prevention. | 34922 |
| (6) Physical education; | 34923 |
| (7) The fine arts, including music; | 34924 |
| (8) First aid, including a training program in | 34925 |
| cardiopulmonary resuscitation, safety, and fire prevention, except | 34926 |
| that upon written request of the student's parent or guardian, a | 34927 |
| student shall be excused from taking instruction in | 34928 |
| cardiopulmonary resuscitation. | 34929 |
| (B) Except as provided in division (E) of this section, every | 34930 |
| school or school district shall include in the requirements for | 34931 |
| promotion from the eighth grade to the ninth grade one year's | 34932 |
| course of study of American history. A board may waive this | 34933 |
| requirement for academically accelerated students who, in | 34934 |
| accordance with procedures adopted by the board, are able to | 34935 |
| demonstrate mastery of essential concepts and skills of the | 34936 |
| eighth grade American history course of study. | 34937 |
| (C) Except as provided in division (E) of this section, every | 34938 |
| high school shall include in the requirements for graduation from | 34939 |
| any curriculum one unit of American history and government, | 34940 |
| including a study of the constitutions of the United States and of | 34941 |
| Ohio. | 34942 |
| (D) Except as provided in division (E) of this section, basic | 34943 |
| instruction in geography, United States history, the government of | 34944 |
| the United States, the government of the state of Ohio, local | 34945 |
| government in Ohio, the Declaration of Independence, the United | 34946 |
| States Constitution, and the Constitution of the state of Ohio | 34947 |
| shall be required before pupils may participate in courses | 34948 |
| involving the study of social problems, economics, foreign | 34949 |
| affairs, United Nations, world government, socialism and | 34950 |
| communism. | 34951 |
| (E) For each cooperative education school district | 34952 |
| established pursuant to section 3311.521 of the Revised Code and | 34953 |
| each city, exempted village, and local school district that has | 34954 |
| territory within such a cooperative district, the curriculum | 34955 |
| adopted pursuant to divisions (A) to (D) of this section shall | 34956 |
| only include the study of the subjects that apply to the grades | 34957 |
| operated by each such school district. The curriculums for such | 34958 |
| schools, when combined, shall provide to each student of these | 34959 |
| districts all of the subjects required under divisions (A) to (D) | 34960 |
| of this section. | 34961 |
| (F) The board of education of any cooperative education | 34962 |
| school district established pursuant to divisions (A) to (C) of | 34963 |
| section 3311.52 of the Revised Code shall prescribe a curriculum | 34964 |
| for the subject areas and grade levels offered in any school under | 34965 |
| its control. | 34966 |
| (G) Upon the request of any parent or legal guardian of a | 34967 |
| student, the board of education of any school district shall | 34968 |
| permit the parent or guardian to promptly examine, with respect to | 34969 |
| the parent's or guardian's own child: | 34970 |
| (1) Any survey or questionnaire, prior to its administration | 34971 |
| to the child; | 34972 |
| (2) Any textbook, workbook, software, video, or other | 34973 |
| instructional materials being used by the district in connection | 34974 |
| with the instruction of the child; | 34975 |
| (3) Any completed and graded test taken or survey or | 34976 |
| questionnaire filled out by the child; | 34977 |
| (4) Copies of the statewide academic standards and each model | 34978 |
| curriculum developed pursuant to section 3301.079 of the Revised | 34979 |
| Code, which copies shall be available at all times during school | 34980 |
| hours in each district school building. | 34981 |
| Sec. 3313.603. (A) As used in this section: | 34982 |
| (1) "One unit" means a minimum of one hundred twenty hours of | 34983 |
| course instruction, except that for a laboratory course, "one | 34984 |
| unit" means a minimum of one hundred fifty hours of course | 34985 |
| instruction. | 34986 |
| (2) "One-half unit" means a minimum of sixty hours of course | 34987 |
| instruction, except that for physical education courses, "one-half | 34988 |
| unit" means a minimum of one hundred twenty hours of course | 34989 |
| instruction. | 34990 |
| (B) Beginning September 15, 2001, except as required in | 34991 |
| division (C) of this section and division (C) of section 3313.614 | 34992 |
| of the Revised Code, the requirements for graduation from every | 34993 |
| high school shall include twenty units earned in grades nine | 34994 |
| through twelve and shall be distributed as follows: | 34995 |
| (1) English language arts, four units; | 34996 |
| (2) Health, one-half unit; | 34997 |
| (3) Mathematics, three units; | 34998 |
| (4) Physical education, one-half unit; | 34999 |
| (5) Science, two units until September 15, 2003, and three | 35000 |
| units thereafter, which at all times shall include both of the | 35001 |
| following: | 35002 |
| (a) Biological sciences, one unit; | 35003 |
| (b) Physical sciences, one unit. | 35004 |
| (6) Social studies, three units, which shall include both of | 35005 |
| the following: | 35006 |
| (a) American history, one-half unit; | 35007 |
| (b) American government, one-half unit. | 35008 |
| (7) Elective units, seven units until September 15, 2003, and | 35009 |
| six units thereafter. | 35010 |
| Each student's electives shall include at least one unit, or | 35011 |
| two half units, chosen from among the areas of | 35012 |
| business/technology, fine arts, and/or foreign language. | 35013 |
| (C) Beginning with students who enter ninth grade for the | 35014 |
| first time on or after July 1, 2010, except as provided in | 35015 |
| divisions (D) to (F) of this section, the requirements for | 35016 |
| graduation from every public and chartered nonpublic high school | 35017 |
| shall include twenty units that are designed to prepare students | 35018 |
| for the workforce and college. The units shall be distributed as | 35019 |
| follows: | 35020 |
| (1) English language arts, four units; | 35021 |
| (2) Health, one-half unit; | 35022 |
| (3) Mathematics, four units, which shall include one unit of | 35023 |
| algebra II or the equivalent of algebra II; | 35024 |
| (4) Physical education, one-half unit; | 35025 |
| (5) Science, three units with inquiry-based laboratory | 35026 |
| experience that engages students in asking valid scientific | 35027 |
| questions and gathering and analyzing information, which shall | 35028 |
| include the following, or their equivalent: | 35029 |
| (a) Physical sciences, one unit; | 35030 |
| (b) Life sciences, one unit; | 35031 |
| (c) Advanced study in one or more of the following sciences, | 35032 |
| one unit: | 35033 |
| (i) Chemistry, physics, or other physical science; | 35034 |
| (ii) Advanced biology or other life science; | 35035 |
| (iii) Astronomy, physical geology, or other earth or space | 35036 |
| science. | 35037 |
| (6) Social studies, three units, which shall include both of | 35038 |
| the following: | 35039 |
| (a) American history, one-half unit; | 35040 |
| (b) American government, one-half unit. | 35041 |
| Each school shall integrate the study of economics and | 35042 |
| financial literacy, as expressed in the social studies academic | 35043 |
| content standards adopted by the state board of education under | 35044 |
| section 3301.079 of the Revised Code, into one or more existing | 35045 |
| social studies credits required under division (C)(6) of this | 35046 |
| section, or into the content of another class, so that every high | 35047 |
| school student receives instruction in those concepts. In | 35048 |
| developing the curriculum required by this paragraph, schools | 35049 |
| shall use available public-private partnerships and resources and | 35050 |
| materials that exist in business, industry, and through the | 35051 |
| centers for economics education at institutions of higher | 35052 |
| education in the state. | 35053 |
| (7) Five units consisting of one or any combination of | 35054 |
| foreign language, fine arts, business, career-technical education, | 35055 |
| family and consumer sciences, technology, agricultural education, | 35056 |
| or English language arts, mathematics, science, or social studies | 35057 |
| courses not otherwise required under division (C) of this section. | 35058 |
| Ohioans must be prepared to apply increased knowledge and | 35059 |
| skills in the workplace and to adapt their knowledge and skills | 35060 |
| quickly to meet the rapidly changing conditions of the | 35061 |
| twenty-first century. National studies indicate that all high | 35062 |
| school graduates need the same academic foundation, regardless of | 35063 |
| the opportunities they pursue after graduation. The goal of Ohio's | 35064 |
| system of elementary and secondary education is to prepare all | 35065 |
| students for and seamlessly connect all students to success in | 35066 |
| life beyond high school graduation, regardless of whether the next | 35067 |
| step is entering the workforce, beginning an apprenticeship, | 35068 |
| engaging in post-secondary training, serving in the military, or | 35069 |
| pursuing a college degree. | 35070 |
| The Ohio core curriculum is the standard expectation for all | 35071 |
| students entering ninth grade for the first time at a public or | 35072 |
| chartered nonpublic high school on or after July 1, 2010. A | 35073 |
| student may satisfy this expectation through a variety of methods, | 35074 |
| including, but not limited to, integrated, applied, | 35075 |
| career-technical, and traditional coursework. | 35076 |
| Whereas teacher quality is essential for student success in | 35077 |
| completing the Ohio core curriculum, the general assembly shall | 35078 |
| appropriate funds for strategic initiatives designed to strengthen | 35079 |
| schools' capacities to hire and retain highly qualified teachers | 35080 |
| in the subject areas required by the curriculum. Such initiatives | 35081 |
| are expected to require an investment of $120,000,000 over five | 35082 |
| years. | 35083 |
| Stronger coordination between high schools and institutions | 35084 |
| of higher education is necessary to prepare students for more | 35085 |
| challenging academic endeavors and to lessen the need for academic | 35086 |
| remediation in college, thereby reducing the costs of higher | 35087 |
| education for Ohio's students, families, and the state. The state | 35088 |
| board of education, the Ohio board of regents, and the partnership | 35089 |
| for continued learning shall develop policies to ensure that only | 35090 |
| in rare instances will students who complete the Ohio core | 35091 |
| curriculum require academic remediation after high school. | 35092 |
| School districts, community schools, and chartered nonpublic | 35093 |
| schools shall integrate technology into learning experiences | 35094 |
| whenever practicable across the curriculum in order to maximize | 35095 |
| efficiency, enhance learning, and prepare students for success in | 35096 |
| the technology-driven twenty-first century. Districts and schools | 35097 |
| may use distance and web-based course delivery as a method of | 35098 |
| providing or augmenting all instruction required under this | 35099 |
| division, including laboratory experience in science. Districts | 35100 |
| and schools shall whenever practicable utilize technology access | 35101 |
| and electronic learning opportunities provided by the eTech Ohio | 35102 |
| commission, the Ohio learning network, education technology | 35103 |
| centers, public television stations, and other public and private | 35104 |
| providers. | 35105 |
| (D) Except as provided in division (E) of this section, a | 35106 |
| student who enters ninth grade on or after July 1, 2010, and | 35107 |
| before July 1, 2014, may qualify for graduation from a public or | 35108 |
| chartered nonpublic high school even though the student has not | 35109 |
| completed the Ohio core curriculum prescribed in division (C) of | 35110 |
| this section if all of the following conditions are satisfied: | 35111 |
| (1) After the student has attended high school for two years, | 35112 |
| as determined by the school, the student and the student's parent, | 35113 |
| guardian, or custodian sign and file with the school a written | 35114 |
| statement asserting the parent's, guardian's, or custodian's | 35115 |
| consent to the student's graduating without completing the Ohio | 35116 |
| core curriculum and acknowledging that one consequence of not | 35117 |
| completing the Ohio core curriculum is ineligibility to enroll in | 35118 |
| most state universities in Ohio without further coursework. | 35119 |
| (2) The student and parent, guardian, or custodian fulfill | 35120 |
| any procedural requirements the school stipulates to ensure the | 35121 |
| student's and parent's, guardian's, or custodian's informed | 35122 |
| consent and to facilitate orderly filing of statements under | 35123 |
| division (D)(1) of this section. | 35124 |
| (3) The student and the student's parent, guardian, or | 35125 |
| custodian and a representative of the student's high school | 35126 |
| jointly develop an individual career plan for the student that | 35127 |
| specifies the student matriculating to a two-year degree program, | 35128 |
| acquiring a business and industry credential, or entering an | 35129 |
| apprenticeship. | 35130 |
| (4) The student's high school provides counseling and support | 35131 |
| for the student related to the plan developed under division | 35132 |
| (D)(3) of this section during the remainder of the student's high | 35133 |
| school experience. | 35134 |
| (5) The student successfully completes, at a minimum, the | 35135 |
| curriculum prescribed in division (B) of this section. | 35136 |
| The partnership for continued learning, in collaboration with | 35137 |
| the department of education and the Ohio board of regents, shall | 35138 |
| analyze student performance data to determine if there are | 35139 |
| mitigating factors that warrant extending the exception permitted | 35140 |
| by division (D) of this section to high school classes beyond | 35141 |
| those entering ninth grade before July 1, 2014. The partnership | 35142 |
| shall submit its findings and any recommendations not later than | 35143 |
| August 1, 2014, to the speaker and minority leader of the house of | 35144 |
| representatives, the president and minority leader of the senate, | 35145 |
| the chairpersons and ranking minority members of the standing | 35146 |
| committees of the house of representatives and the senate that | 35147 |
| consider education legislation, the state board of education, and | 35148 |
| the superintendent of public instruction. | 35149 |
| (E) Each school district and chartered nonpublic school | 35150 |
| retains the authority to require an even more rigorous minimum | 35151 |
| curriculum for high school graduation than specified in division | 35152 |
| (B) or (C) of this section. A school district board of education, | 35153 |
| through the adoption of a resolution, or the governing authority | 35154 |
| of a chartered nonpublic school may stipulate any of the | 35155 |
| following: | 35156 |
| (1) A minimum high school curriculum that requires more than | 35157 |
| twenty units of academic credit to graduate; | 35158 |
| (2) An exception to the district's or school's minimum high | 35159 |
| school curriculum that is comparable to the exception provided in | 35160 |
| division (D) of this section but with additional requirements, | 35161 |
| which may include a requirement that the student successfully | 35162 |
| complete more than the minimum curriculum prescribed in division | 35163 |
| (B) of this section; | 35164 |
| (3) That no exception comparable to that provided in division | 35165 |
| (D) of this section is available. | 35166 |
| (F) A student enrolled in a dropout prevention and recovery | 35167 |
| program, which program has received a waiver from the department | 35168 |
| of education, may qualify for graduation from high school by | 35169 |
| successfully completing a competency-based instructional program | 35170 |
| administered by the dropout prevention and recovery program in | 35171 |
| lieu of completing the Ohio core curriculum prescribed in division | 35172 |
| (C) of this section. The department shall grant a waiver to a | 35173 |
| dropout prevention and recovery program, within sixty days after | 35174 |
| the program applies for the waiver, if the program meets all of | 35175 |
| the following conditions: | 35176 |
| (1) The program serves only students not younger than sixteen | 35177 |
| years of age and not older than twenty-one years of age. | 35178 |
| (2) The program enrolls students who, at the time of their | 35179 |
| initial enrollment, either, or both, are at least one grade level | 35180 |
| behind their cohort age groups or experience crises that | 35181 |
| significantly interfere with their academic progress such that | 35182 |
| they are prevented from continuing their traditional programs. | 35183 |
| (3) The program requires students to attain at least the | 35184 |
| applicable score designated for each of the tests prescribed under | 35185 |
| division (B) of section 3301.0710 of the Revised Code. | 35186 |
| (4) The program develops an individual career plan for the | 35187 |
| student that specifies the student's matriculating to a two-year | 35188 |
| degree program, acquiring a business and industry credential, or | 35189 |
| entering an apprenticeship. | 35190 |
| (5) The program provides counseling and support for the | 35191 |
| student related to the plan developed under division (F)(4) of | 35192 |
| this section during the remainder of the student's high school | 35193 |
| experience. | 35194 |
| (6) The program requires the student and the student's | 35195 |
| parent, guardian, or custodian to sign and file, in accordance | 35196 |
| with procedural requirements stipulated by the program, a written | 35197 |
| statement asserting the parent's, guardian's, or custodian's | 35198 |
| consent to the student's graduating without completing the Ohio | 35199 |
| core curriculum and acknowledging that one consequence of not | 35200 |
| completing the Ohio core curriculum is ineligibility to enroll in | 35201 |
| most state universities in Ohio without further coursework. | 35202 |
| (7) Prior to receiving the waiver, the program has submitted | 35203 |
| to the department an instructional plan that demonstrates how the | 35204 |
| academic content standards adopted by the state board of education | 35205 |
| under section 3301.079 of the Revised Code will be taught and | 35206 |
| assessed. | 35207 |
| If the department does not act either to grant the waiver or | 35208 |
| to reject the program application for the waiver within sixty days | 35209 |
| as required under this section, the waiver shall be considered to | 35210 |
| be granted. | 35211 |
| (G) Every high school may permit students below the ninth | 35212 |
|
grade to take advanced work
| 35213 |
|
shall award high school credit | 35214 |
| completion of the advanced work and shall count such advanced work | 35215 |
| toward the graduation requirements of division (B) or (C) of this | 35216 |
| section if the advanced work was both: | 35217 |
| (1) Taught by a person who possesses a license or certificate | 35218 |
| issued under section 3301.071, 3319.22, or 3319.222 of the Revised | 35219 |
| Code that is valid for teaching high school; | 35220 |
| (2) Designated by the board of education of the city, local, | 35221 |
| or exempted village school district, the board of the cooperative | 35222 |
| education school district, or the governing authority of the | 35223 |
| chartered nonpublic school as meeting the high school curriculum | 35224 |
| requirements. | 35225 |
| Each high school shall record on the student's high school | 35226 |
| transcript all high school credit awarded under division (G) of | 35227 |
| this section. In addition, if the student completed a seventh- or | 35228 |
| eighth-grade fine arts course described in division (K) of this | 35229 |
| section and the course qualified for high school credit under that | 35230 |
| division, the high school shall record that course on the | 35231 |
| student's high school transcript. | 35232 |
| (H) The department shall make its individual academic career | 35233 |
| plan available through its Ohio career information system web site | 35234 |
| for districts and schools to use as a tool for communicating with | 35235 |
| and providing guidance to students and families in selecting high | 35236 |
| school courses. | 35237 |
| (I) Units earned in English language arts, mathematics, | 35238 |
| science, and social studies that are delivered through integrated | 35239 |
| academic and career-technical instruction are eligible to meet the | 35240 |
| graduation requirements of division (B) or (C) of this section. | 35241 |
| (J) The state board of education, in consultation with the | 35242 |
| Ohio board of regents and the partnership for continued learning, | 35243 |
| shall adopt a statewide plan implementing methods for students to | 35244 |
| earn units of high school credit based on a demonstration of | 35245 |
| subject area competency, instead of or in combination with | 35246 |
| completing hours of classroom instruction. The state board shall | 35247 |
| adopt the plan not later than March 31, 2009, and commence phasing | 35248 |
| in the plan during the 2009-2010 school year. The plan shall | 35249 |
| include a standard method for recording demonstrated proficiency | 35250 |
| on high school transcripts. Each school district, community | 35251 |
| school, and chartered nonpublic school shall comply with the state | 35252 |
| board's plan adopted under this division and award units of high | 35253 |
| school credit in accordance with the plan. The state board may | 35254 |
| adopt existing methods for earning high school credit based on a | 35255 |
| demonstration of subject area competency as necessary prior to the | 35256 |
| 2009-2010 school year. | 35257 |
| (K) This division does not apply to students who qualify for | 35258 |
| graduation from high school under division (D) or (F) of this | 35259 |
| section, or to students pursuing a career-technical instructional | 35260 |
| track as determined by the school district board of education or | 35261 |
| the chartered nonpublic school's governing authority. | 35262 |
| Nevertheless, the general assembly encourages such students to | 35263 |
| consider enrolling in a fine arts course as an elective. | 35264 |
| Beginning with students who enter ninth grade for the first | 35265 |
| time on or after July 1, 2010, each student enrolled in a public | 35266 |
| or chartered nonpublic high school shall complete two semesters or | 35267 |
| the equivalent of fine arts to graduate from high school. The | 35268 |
| coursework may be completed in any of grades seven to twelve. Each | 35269 |
| student who completes a fine arts course in grade seven or eight | 35270 |
| may elect to count that course toward the five units of electives | 35271 |
| required for graduation under division (C)(7) of this section, if | 35272 |
| the course satisfied the requirements of division (G) of this | 35273 |
| section. In that case, the high school shall award the student | 35274 |
| high school credit for the course and count the course toward the | 35275 |
| five units required under division (C)(7) of this section. If the | 35276 |
| course in grade seven or eight did not satisfy the requirements of | 35277 |
| division (G) of this section, the high school shall not award the | 35278 |
| student high school credit for the course but shall count the | 35279 |
| course toward the two semesters or the equivalent of fine arts | 35280 |
| required by this division. | 35281 |
| (L) Notwithstanding anything to the contrary in this section, | 35282 |
| the board of education of each school district and the governing | 35283 |
| authority of each chartered nonpublic school may adopt a policy to | 35284 |
| excuse from the high school physical education requirement each | 35285 |
| student who, during high school, has participated in | 35286 |
| interscholastic athletics, marching band, or cheerleading for at | 35287 |
| least two full seasons. If the board or authority adopts such a | 35288 |
| policy, the board or authority shall not require the student to | 35289 |
| complete any physical education course as a condition to graduate. | 35290 |
| However, the student shall be required to complete one-half unit, | 35291 |
| consisting of at least sixty hours of instruction, in another | 35292 |
| course of study. | 35293 |
| Sec. 3313.64. (A) As used in this section and in section | 35294 |
| 3313.65 of the Revised Code: | 35295 |
| (1)(a) Except as provided in division (A)(1)(b) of this | 35296 |
| section, "parent" means either parent, unless the parents are | 35297 |
| separated or divorced or their marriage has been dissolved or | 35298 |
| annulled, in which case "parent" means the parent who is the | 35299 |
| residential parent and legal custodian of the child. When a child | 35300 |
| is in the legal custody of a government agency or a person other | 35301 |
| than the child's natural or adoptive parent, "parent" means the | 35302 |
| parent with residual parental rights, privileges, and | 35303 |
| responsibilities. When a child is in the permanent custody of a | 35304 |
| government agency or a person other than the child's natural or | 35305 |
| adoptive parent, "parent" means the parent who was divested of | 35306 |
| parental rights and responsibilities for the care of the child and | 35307 |
| the right to have the child live with the parent and be the legal | 35308 |
| custodian of the child and all residual parental rights, | 35309 |
| privileges, and responsibilities. | 35310 |
| (b) When a child is the subject of a power of attorney | 35311 |
| executed under sections 3109.51 to 3109.62 of the Revised Code, | 35312 |
| "parent" means the grandparent designated as attorney in fact | 35313 |
| under the power of attorney. When a child is the subject of a | 35314 |
| caretaker authorization affidavit executed under sections 3109.64 | 35315 |
| to 3109.73 of the Revised Code, "parent" means the grandparent | 35316 |
| that executed the affidavit. | 35317 |
| (2) "Legal custody," "permanent custody," and "residual | 35318 |
| parental rights, privileges, and responsibilities" have the same | 35319 |
| meanings as in section 2151.011 of the Revised Code. | 35320 |
| (3) "School district" or "district" means a city, local, or | 35321 |
| exempted village school district and excludes any school operated | 35322 |
| in an institution maintained by the department of youth services. | 35323 |
| (4) Except as used in division (C)(2) of this section, "home" | 35324 |
| means a home, institution, foster home, group home, or other | 35325 |
| residential facility in this state that receives and cares for | 35326 |
| children, to which any of the following applies: | 35327 |
| (a) The home is licensed, certified, or approved for such | 35328 |
| purpose by the state or is maintained by the department of youth | 35329 |
| services. | 35330 |
| (b) The home is operated by a person who is licensed, | 35331 |
| certified, or approved by the state to operate the home for such | 35332 |
| purpose. | 35333 |
| (c) The home accepted the child through a placement by a | 35334 |
| person licensed, certified, or approved to place a child in such a | 35335 |
| home by the state. | 35336 |
| (d) The home is a children's home created under section | 35337 |
| 5153.21 or 5153.36 of the Revised Code. | 35338 |
| (5) "Agency" means all of the following: | 35339 |
| (a) A public children services agency; | 35340 |
| (b) An organization that holds a certificate issued by the | 35341 |
| Ohio department of job and family services in accordance with the | 35342 |
| requirements of section 5103.03 of the Revised Code and assumes | 35343 |
| temporary or permanent custody of children through commitment, | 35344 |
| agreement, or surrender, and places children in family homes for | 35345 |
| the purpose of adoption; | 35346 |
| (c) Comparable agencies of other states or countries that | 35347 |
| have complied with applicable requirements of section 2151.39 of | 35348 |
| the Revised Code or as applicable, sections 5103.20 to 5103.22 or | 35349 |
| 5103.23 to 5103.237 of the Revised Code. | 35350 |
| (6) A child is placed for adoption if either of the following | 35351 |
| occurs: | 35352 |
| (a) An agency to which the child has been permanently | 35353 |
| committed or surrendered enters into an agreement with a person | 35354 |
| pursuant to section 5103.16 of the Revised Code for the care and | 35355 |
| adoption of the child. | 35356 |
| (b) The child's natural parent places the child pursuant to | 35357 |
| section 5103.16 of the Revised Code with a person who will care | 35358 |
| for and adopt the child. | 35359 |
| (7) "Preschool child with a disability" has the same | 35360 |
| meaning as in section 3323.01 of the Revised Code. | 35361 |
| (8) "Child," unless otherwise indicated, includes preschool | 35362 |
| children with disabilities. | 35363 |
| (9) "Active duty" means active duty pursuant to an executive | 35364 |
| order of the president of the United States, an act of the | 35365 |
| congress of the United States, or section 5919.29 or 5923.21 of | 35366 |
| the Revised Code. | 35367 |
| (B) Except as otherwise provided in section 3321.01 of the | 35368 |
| Revised Code for admittance to kindergarten and first grade, a | 35369 |
| child who is at least five but under twenty-two years of age and | 35370 |
| any preschool child with a disability shall be admitted to school | 35371 |
| as provided in this division. | 35372 |
| (1) A child shall be admitted to the schools of the school | 35373 |
| district in which the child's parent resides. | 35374 |
| (2) A child who does not reside in the district where the | 35375 |
| child's parent resides shall be admitted to the schools of the | 35376 |
| district in which the child resides if any of the following | 35377 |
| applies: | 35378 |
| (a) The child is in the legal or permanent custody of a | 35379 |
| government agency or a person other than the child's natural or | 35380 |
| adoptive parent. | 35381 |
| (b) The child resides in a home. | 35382 |
| (c) The child requires special education. | 35383 |
| (3) A child who is not entitled under division (B)(2) of this | 35384 |
| section to be admitted to the schools of the district where the | 35385 |
| child resides and who is residing with a resident of this state | 35386 |
| with whom the child has been placed for adoption shall be admitted | 35387 |
| to the schools of the district where the child resides unless | 35388 |
| either of the following applies: | 35389 |
| (a) The placement for adoption has been terminated. | 35390 |
| (b) Another school district is required to admit the child | 35391 |
| under division (B)(1) of this section. | 35392 |
| Division (B) of this section does not prohibit the board of | 35393 |
| education of a school district from placing a child with a | 35394 |
| disability who resides in the district in a special education | 35395 |
| program outside of the district or its schools in compliance with | 35396 |
| Chapter 3323. of the Revised Code. | 35397 |
| (C) A district shall not charge tuition for children admitted | 35398 |
| under division (B)(1) or (3) of this section. If the district | 35399 |
| admits a child under division (B)(2) of this section, tuition | 35400 |
|
shall be paid to the district that admits the child as
| 35401 |
| provided in divisions (C)(1) to (3) of this section, unless | 35402 |
| division (C)(4) of this section applies to the child: | 35403 |
| (1) If the child receives special education in accordance | 35404 |
| with Chapter 3323. of the Revised Code, the school district of | 35405 |
| residence, as defined in section 3323.01 of the Revised Code, | 35406 |
| shall pay tuition for the child in accordance with section | 35407 |
| 3323.091, 3323.13, 3323.14, or 3323.141 of the Revised Code | 35408 |
| regardless of who has custody of the child or whether the child | 35409 |
| resides in a home. | 35410 |
| (2) For a child that does not receive special education in | 35411 |
| accordance with Chapter 3323. of the Revised Code, except as | 35412 |
| otherwise provided in division (C)(2)(d) of this section, if the | 35413 |
| child is in the permanent or legal custody of a government agency | 35414 |
| or person other than the child's parent, tuition shall be paid by: | 35415 |
| (a) The district in which the child's parent resided at the | 35416 |
| time the court removed the child from home or at the time the | 35417 |
| court vested legal or permanent custody of the child in the person | 35418 |
| or government agency, whichever occurred first; | 35419 |
| (b) If the parent's residence at the time the court removed | 35420 |
| the child from home or placed the child in the legal or permanent | 35421 |
| custody of the person or government agency is unknown, tuition | 35422 |
| shall be paid by the district in which the child resided at the | 35423 |
| time the child was removed from home or placed in legal or | 35424 |
| permanent custody, whichever occurred first; | 35425 |
| (c) If a school district cannot be established under division | 35426 |
| (C)(2)(a) or (b) of this section, tuition shall be paid by the | 35427 |
| district determined as required by section 2151.362 of the Revised | 35428 |
| Code by the court at the time it vests custody of the child in the | 35429 |
| person or government agency; | 35430 |
| (d) If at the time the court removed the child from home or | 35431 |
| vested legal or permanent custody of the child in the person or | 35432 |
| government agency, whichever occurred first, one parent was in a | 35433 |
| residential or correctional facility or a juvenile residential | 35434 |
| placement and the other parent, if living and not in such a | 35435 |
| facility or placement, was not known to reside in this state, | 35436 |
| tuition shall be paid by the district determined under division | 35437 |
| (D) of section 3313.65 of the Revised Code as the district | 35438 |
| required to pay any tuition while the parent was in such facility | 35439 |
| or placement; | 35440 |
| (e) If the department of education has determined, pursuant | 35441 |
| to division (A)(2) of section 2151.362 of the Revised Code, that | 35442 |
| a school district other than the one named in the court's initial | 35443 |
| order, or in a prior determination of the department, is | 35444 |
| responsible to bear the cost of educating the child, the district | 35445 |
| so determined shall be responsible for that cost. | 35446 |
| (3) If the child is not in the permanent or legal custody of | 35447 |
| a government agency or person other than the child's parent and | 35448 |
| the child resides in a home, tuition shall be paid by one of the | 35449 |
| following: | 35450 |
| (a) The school district in which the child's parent resides; | 35451 |
| (b) If the child's parent is not a resident of this state, | 35452 |
| the home in which the child resides. | 35453 |
| (4) Division (C)(4) of this section applies to any child who | 35454 |
| is admitted to a school district under division (B)(2) of this | 35455 |
| section, resides in a home that is not a foster home or a home | 35456 |
| maintained by the department of youth services, receives | 35457 |
| educational services at the home in which the child resides | 35458 |
| pursuant to a contract between the home and the school district | 35459 |
| providing those services, and does not receive special education. | 35460 |
| In the case of a child to which division (C)(4) of this | 35461 |
| section applies, the total educational cost to be paid for the | 35462 |
| child shall be determined by a formula approved by the department | 35463 |
| of education, which formula shall be designed to calculate a per | 35464 |
| diem cost for the educational services provided to the child for | 35465 |
| each day the child is served and shall reflect the total actual | 35466 |
| cost incurred in providing those services. The department shall | 35467 |
| certify the total educational cost to be paid for the child to | 35468 |
| both the school district providing the educational services and, | 35469 |
| if different, the school district that is responsible to pay | 35470 |
| tuition for the child. The department shall deduct the certified | 35471 |
| amount from the state basic aid funds payable under Chapters 3306. | 35472 |
| and 3317. of the Revised Code to the district responsible to pay | 35473 |
| tuition and shall pay that amount to the district providing the | 35474 |
| educational services to the child. | 35475 |
| (D) Tuition required to be paid under divisions (C)(2) and | 35476 |
| (3)(a) of this section shall be computed in accordance with | 35477 |
| section 3317.08 of the Revised Code. Tuition required to be paid | 35478 |
| under division (C)(3)(b) of this section shall be computed in | 35479 |
| accordance with section 3317.081 of the Revised Code. If a home | 35480 |
| fails to pay the tuition required by division (C)(3)(b) of this | 35481 |
| section, the board of education providing the education may | 35482 |
| recover in a civil action the tuition and the expenses incurred in | 35483 |
| prosecuting the action, including court costs and reasonable | 35484 |
| attorney's fees. If the prosecuting attorney or city director of | 35485 |
| law represents the board in such action, costs and reasonable | 35486 |
| attorney's fees awarded by the court, based upon the prosecuting | 35487 |
| attorney's, director's, or one of their designee's time spent | 35488 |
| preparing and presenting the case, shall be deposited in the | 35489 |
| county or city general fund. | 35490 |
| (E) A board of education may enroll a child free of any | 35491 |
| tuition obligation for a period not to exceed sixty days, on the | 35492 |
| sworn statement of an adult resident of the district that the | 35493 |
| resident has initiated legal proceedings for custody of the child. | 35494 |
| (F) In the case of any individual entitled to attend school | 35495 |
| under this division, no tuition shall be charged by the school | 35496 |
| district of attendance and no other school district shall be | 35497 |
| required to pay tuition for the individual's attendance. | 35498 |
| Notwithstanding division (B), (C), or (E) of this section: | 35499 |
| (1) All persons at least eighteen but under twenty-two years | 35500 |
| of age who live apart from their parents, support themselves by | 35501 |
| their own labor, and have not successfully completed the high | 35502 |
| school curriculum or the individualized education program | 35503 |
| developed for the person by the high school pursuant to section | 35504 |
| 3323.08 of the Revised Code, are entitled to attend school in the | 35505 |
| district in which they reside. | 35506 |
| (2) Any child under eighteen years of age who is married is | 35507 |
| entitled to attend school in the child's district of residence. | 35508 |
| (3) A child is entitled to attend school in the district in | 35509 |
| which either of the child's parents is employed if the child has a | 35510 |
| medical condition that may require emergency medical attention. | 35511 |
| The parent of a child entitled to attend school under division | 35512 |
| (F)(3) of this section shall submit to the board of education of | 35513 |
| the district in which the parent is employed a statement from the | 35514 |
| child's physician certifying that the child's medical condition | 35515 |
| may require emergency medical attention. The statement shall be | 35516 |
| supported by such other evidence as the board may require. | 35517 |
| (4) Any child residing with a person other than the child's | 35518 |
| parent is entitled, for a period not to exceed twelve months, to | 35519 |
| attend school in the district in which that person resides if the | 35520 |
| child's parent files an affidavit with the superintendent of the | 35521 |
| district in which the person with whom the child is living resides | 35522 |
| stating all of the following: | 35523 |
| (a) That the parent is serving outside of the state in the | 35524 |
| armed services of the United States; | 35525 |
| (b) That the parent intends to reside in the district upon | 35526 |
| returning to this state; | 35527 |
| (c) The name and address of the person with whom the child is | 35528 |
| living while the parent is outside the state. | 35529 |
| (5) Any child under the age of twenty-two years who, after | 35530 |
| the death of a parent, resides in a school district other than the | 35531 |
| district in which the child attended school at the time of the | 35532 |
| parent's death is entitled to continue to attend school in the | 35533 |
| district in which the child attended school at the time of the | 35534 |
| parent's death for the remainder of the school year, subject to | 35535 |
| approval of that district board. | 35536 |
| (6) A child under the age of twenty-two years who resides | 35537 |
| with a parent who is having a new house built in a school district | 35538 |
| outside the district where the parent is residing is entitled to | 35539 |
| attend school for a period of time in the district where the new | 35540 |
| house is being built. In order to be entitled to such attendance, | 35541 |
| the parent shall provide the district superintendent with the | 35542 |
| following: | 35543 |
| (a) A sworn statement explaining the situation, revealing the | 35544 |
| location of the house being built, and stating the parent's | 35545 |
| intention to reside there upon its completion; | 35546 |
| (b) A statement from the builder confirming that a new house | 35547 |
| is being built for the parent and that the house is at the | 35548 |
| location indicated in the parent's statement. | 35549 |
| (7) A child under the age of twenty-two years residing with a | 35550 |
| parent who has a contract to purchase a house in a school district | 35551 |
| outside the district where the parent is residing and who is | 35552 |
| waiting upon the date of closing of the mortgage loan for the | 35553 |
| purchase of such house is entitled to attend school for a period | 35554 |
| of time in the district where the house is being purchased. In | 35555 |
| order to be entitled to such attendance, the parent shall provide | 35556 |
| the district superintendent with the following: | 35557 |
| (a) A sworn statement explaining the situation, revealing the | 35558 |
| location of the house being purchased, and stating the parent's | 35559 |
| intent to reside there; | 35560 |
| (b) A statement from a real estate broker or bank officer | 35561 |
| confirming that the parent has a contract to purchase the house, | 35562 |
| that the parent is waiting upon the date of closing of the | 35563 |
| mortgage loan, and that the house is at the location indicated in | 35564 |
| the parent's statement. | 35565 |
| The district superintendent shall establish a period of time | 35566 |
| not to exceed ninety days during which the child entitled to | 35567 |
| attend school under division (F)(6) or (7) of this section may | 35568 |
| attend without tuition obligation. A student attending a school | 35569 |
| under division (F)(6) or (7) of this section shall be eligible to | 35570 |
| participate in interscholastic athletics under the auspices of | 35571 |
| that school, provided the board of education of the school | 35572 |
| district where the student's parent resides, by a formal action, | 35573 |
| releases the student to participate in interscholastic athletics | 35574 |
| at the school where the student is attending, and provided the | 35575 |
| student receives any authorization required by a public agency or | 35576 |
| private organization of which the school district is a member | 35577 |
| exercising authority over interscholastic sports. | 35578 |
| (8) A child whose parent is a full-time employee of a city, | 35579 |
| local, or exempted village school district, or of an educational | 35580 |
| service center, may be admitted to the schools of the district | 35581 |
| where the child's parent is employed, or in the case of a child | 35582 |
| whose parent is employed by an educational service center, in the | 35583 |
| district that serves the location where the parent's job is | 35584 |
| primarily located, provided the district board of education | 35585 |
| establishes such an admission policy by resolution adopted by a | 35586 |
| majority of its members. Any such policy shall take effect on the | 35587 |
| first day of the school year and the effective date of any | 35588 |
| amendment or repeal may not be prior to the first day of the | 35589 |
| subsequent school year. The policy shall be uniformly applied to | 35590 |
| all such children and shall provide for the admission of any such | 35591 |
| child upon request of the parent. No child may be admitted under | 35592 |
| this policy after the first day of classes of any school year. | 35593 |
| (9) A child who is with the child's parent under the care of | 35594 |
| a shelter for victims of domestic violence, as defined in section | 35595 |
| 3113.33 of the Revised Code, is entitled to attend school free in | 35596 |
| the district in which the child is with the child's parent, and no | 35597 |
| other school district shall be required to pay tuition for the | 35598 |
| child's attendance in that school district. | 35599 |
| The enrollment of a child in a school district under this | 35600 |
| division shall not be denied due to a delay in the school | 35601 |
| district's receipt of any records required under section 3313.672 | 35602 |
| of the Revised Code or any other records required for enrollment. | 35603 |
| Any days of attendance and any credits earned by a child while | 35604 |
| enrolled in a school district under this division shall be | 35605 |
| transferred to and accepted by any school district in which the | 35606 |
| child subsequently enrolls. The state board of education shall | 35607 |
| adopt rules to ensure compliance with this division. | 35608 |
| (10) Any child under the age of twenty-two years whose parent | 35609 |
| has moved out of the school district after the commencement of | 35610 |
| classes in the child's senior year of high school is entitled, | 35611 |
| subject to the approval of that district board, to attend school | 35612 |
| in the district in which the child attended school at the time of | 35613 |
| the parental move for the remainder of the school year and for one | 35614 |
| additional semester or equivalent term. A district board may also | 35615 |
| adopt a policy specifying extenuating circumstances under which a | 35616 |
| student may continue to attend school under division (F)(10) of | 35617 |
| this section for an additional period of time in order to | 35618 |
| successfully complete the high school curriculum for the | 35619 |
| individualized education program developed for the student by the | 35620 |
| high school pursuant to section 3323.08 of the Revised Code. | 35621 |
| (11) As used in this division, "grandparent" means a parent | 35622 |
| of a parent of a child. A child under the age of twenty-two years | 35623 |
| who is in the custody of the child's parent, resides with a | 35624 |
| grandparent, and does not require special education is entitled to | 35625 |
| attend the schools of the district in which the child's | 35626 |
| grandparent resides, provided that, prior to such attendance in | 35627 |
| any school year, the board of education of the school district in | 35628 |
| which the child's grandparent resides and the board of education | 35629 |
| of the school district in which the child's parent resides enter | 35630 |
| into a written agreement specifying that good cause exists for | 35631 |
| such attendance, describing the nature of this good cause, and | 35632 |
| consenting to such attendance. | 35633 |
| In lieu of a consent form signed by a parent, a board of | 35634 |
| education may request the grandparent of a child attending school | 35635 |
| in the district in which the grandparent resides pursuant to | 35636 |
| division (F)(11) of this section to complete any consent form | 35637 |
| required by the district, including any authorization required by | 35638 |
| sections 3313.712, 3313.713, 3313.716, and 3313.718 of the Revised | 35639 |
| Code. Upon request, the grandparent shall complete any consent | 35640 |
| form required by the district. A school district shall not incur | 35641 |
| any liability solely because of its receipt of a consent form from | 35642 |
| a grandparent in lieu of a parent. | 35643 |
| Division (F)(11) of this section does not create, and shall | 35644 |
| not be construed as creating, a new cause of action or substantive | 35645 |
| legal right against a school district, a member of a board of | 35646 |
| education, or an employee of a school district. This section does | 35647 |
| not affect, and shall not be construed as affecting, any | 35648 |
| immunities from defenses to tort liability created or recognized | 35649 |
| by Chapter 2744. of the Revised Code for a school district, | 35650 |
| member, or employee. | 35651 |
| (12) A child under the age of twenty-two years is entitled to | 35652 |
| attend school in a school district other than the district in | 35653 |
| which the child is entitled to attend school under division (B), | 35654 |
| (C), or (E) of this section provided that, prior to such | 35655 |
| attendance in any school year, both of the following occur: | 35656 |
| (a) The superintendent of the district in which the child is | 35657 |
| entitled to attend school under division (B), (C), or (E) of this | 35658 |
| section contacts the superintendent of another district for | 35659 |
| purposes of this division; | 35660 |
| (b) The superintendents of both districts enter into a | 35661 |
| written agreement that consents to the attendance and specifies | 35662 |
| that the purpose of such attendance is to protect the student's | 35663 |
| physical or mental well-being or to deal with other extenuating | 35664 |
| circumstances deemed appropriate by the superintendents. | 35665 |
| While an agreement is in effect under this division for a | 35666 |
| student who is not receiving special education under Chapter 3323. | 35667 |
| of the Revised Code and notwithstanding Chapter 3327. of the | 35668 |
| Revised Code, the board of education of neither school district | 35669 |
| involved in the agreement is required to provide transportation | 35670 |
| for the student to and from the school where the student attends. | 35671 |
| A student attending a school of a district pursuant to this | 35672 |
| division shall be allowed to participate in all student | 35673 |
| activities, including interscholastic athletics, at the school | 35674 |
| where the student is attending on the same basis as any student | 35675 |
| who has always attended the schools of that district while of | 35676 |
| compulsory school age. | 35677 |
| (13) All school districts shall comply with the | 35678 |
| "McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et | 35679 |
| seq., for the education of homeless children. Each city, local, | 35680 |
| and exempted village school district shall comply with the | 35681 |
| requirements of that act governing the provision of a free, | 35682 |
| appropriate public education, including public preschool, to each | 35683 |
| homeless child. | 35684 |
| When a child loses permanent housing and becomes a homeless | 35685 |
| person, as defined in 42 U.S.C.A. 11481(5), or when a child who is | 35686 |
| such a homeless person changes temporary living arrangements, the | 35687 |
| child's parent or guardian shall have the option of enrolling the | 35688 |
| child in either of the following: | 35689 |
| (a) The child's school of origin, as defined in 42 U.S.C.A. | 35690 |
| 11432(g)(3)(C); | 35691 |
| (b) The school that is operated by the school district in | 35692 |
| which the shelter where the child currently resides is located and | 35693 |
| that serves the geographic area in which the shelter is located. | 35694 |
| (14) A child under the age of twenty-two years who resides | 35695 |
| with a person other than the child's parent is entitled to attend | 35696 |
| school in the school district in which that person resides if both | 35697 |
| of the following apply: | 35698 |
| (a) That person has been appointed, through a military power | 35699 |
| of attorney executed under section 574(a) of the "National Defense | 35700 |
| Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10 | 35701 |
| U.S.C. 1044b, or through a comparable document necessary to | 35702 |
| complete a family care plan, as the parent's agent for the care, | 35703 |
| custody, and control of the child while the parent is on active | 35704 |
| duty as a member of the national guard or a reserve unit of the | 35705 |
| armed forces of the United States or because the parent is a | 35706 |
| member of the armed forces of the United States and is on a duty | 35707 |
| assignment away from the parent's residence. | 35708 |
| (b) The military power of attorney or comparable document | 35709 |
| includes at least the authority to enroll the child in school. | 35710 |
| The entitlement to attend school in the district in which the | 35711 |
| parent's agent under the military power of attorney or comparable | 35712 |
| document resides applies until the end of the school year in which | 35713 |
| the military power of attorney or comparable document expires. | 35714 |
| (G) A board of education, after approving admission, may | 35715 |
| waive tuition for students who will temporarily reside in the | 35716 |
| district and who are either of the following: | 35717 |
| (1) Residents or domiciliaries of a foreign nation who | 35718 |
| request admission as foreign exchange students; | 35719 |
| (2) Residents or domiciliaries of the United States but not | 35720 |
| of Ohio who request admission as participants in an exchange | 35721 |
| program operated by a student exchange organization. | 35722 |
| (H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04, | 35723 |
| 3327.04, and 3327.06 of the Revised Code, a child may attend | 35724 |
| school or participate in a special education program in a school | 35725 |
| district other than in the district where the child is entitled to | 35726 |
| attend school under division (B) of this section. | 35727 |
| (I)(1) Notwithstanding anything to the contrary in this | 35728 |
| section or section 3313.65 of the Revised Code, a child under | 35729 |
| twenty-two years of age may attend school in the school district | 35730 |
| in which the child, at the end of the first full week of October | 35731 |
| of the school year, was entitled to attend school as otherwise | 35732 |
| provided under this section or section 3313.65 of the Revised | 35733 |
| Code, if at that time the child was enrolled in the schools of the | 35734 |
| district but since that time the child or the child's parent has | 35735 |
| relocated to a new address located outside of that school district | 35736 |
| and within the same county as the child's or parent's address | 35737 |
| immediately prior to the relocation. The child may continue to | 35738 |
| attend school in the district, and at the school to which the | 35739 |
| child was assigned at the end of the first full week of October of | 35740 |
| the current school year, for the balance of the school year. | 35741 |
| Division (I)(1) of this section applies only if both of the | 35742 |
| following conditions are satisfied: | 35743 |
| (a) The board of education of the school district in which | 35744 |
| the child was entitled to attend school at the end of the first | 35745 |
| full week in October and of the district to which the child or | 35746 |
| child's parent has relocated each has adopted a policy to enroll | 35747 |
| children described in division (I)(1) of this section. | 35748 |
| (b) The child's parent provides written notification of the | 35749 |
| relocation outside of the school district to the superintendent of | 35750 |
| each of the two school districts. | 35751 |
| (2) At the beginning of the school year following the school | 35752 |
| year in which the child or the child's parent relocated outside of | 35753 |
| the school district as described in division (I)(1) of this | 35754 |
| section, the child is not entitled to attend school in the school | 35755 |
| district under that division. | 35756 |
| (3) Any person or entity owing tuition to the school district | 35757 |
| on behalf of the child at the end of the first full week in | 35758 |
| October, as provided in division (C) of this section, shall | 35759 |
| continue to owe such tuition to the district for the child's | 35760 |
| attendance under division (I)(1) of this section for the lesser of | 35761 |
| the balance of the school year or the balance of the time that the | 35762 |
| child attends school in the district under division (I)(1) of this | 35763 |
| section. | 35764 |
| (4) A pupil who may attend school in the district under | 35765 |
| division (I)(1) of this section shall be entitled to | 35766 |
| transportation services pursuant to an agreement between the | 35767 |
| district and the district in which the child or child's parent has | 35768 |
| relocated unless the districts have not entered into such | 35769 |
| agreement, in which case the child shall be entitled to | 35770 |
| transportation services in the same manner as a pupil attending | 35771 |
| school in the district under interdistrict open enrollment as | 35772 |
| described in division (H) of section 3313.981 of the Revised | 35773 |
| Code, regardless of whether the district has adopted an open | 35774 |
| enrollment policy as described in division (B)(1)(b) or (c) of | 35775 |
| section 3313.98 of the Revised Code. | 35776 |
| (J) This division does not apply to a child receiving special | 35777 |
| education. | 35778 |
| A school district required to pay tuition pursuant to | 35779 |
| division (C)(2) or (3) of this section or section 3313.65 of the | 35780 |
| Revised Code shall have an amount deducted under division (F) of | 35781 |
| section 3317.023 of the Revised Code equal to its own tuition rate | 35782 |
| for the same period of attendance. A school district entitled to | 35783 |
| receive tuition pursuant to division (C)(2) or (3) of this section | 35784 |
| or section 3313.65 of the Revised Code shall have an amount | 35785 |
| credited under division (F) of section 3317.023 of the Revised | 35786 |
| Code equal to its own tuition rate for the same period of | 35787 |
| attendance. If the tuition rate credited to the district of | 35788 |
| attendance exceeds the rate deducted from the district required to | 35789 |
| pay tuition, the department of education shall pay the district of | 35790 |
| attendance the difference from amounts deducted from all | 35791 |
| districts' payments under division (F) of section 3317.023 of the | 35792 |
| Revised Code but not credited to other school districts under such | 35793 |
| division and from appropriations made for such purpose. The | 35794 |
| treasurer of each school district shall, by the fifteenth day of | 35795 |
| January and July, furnish the superintendent of public instruction | 35796 |
| a report of the names of each child who attended the district's | 35797 |
| schools under divisions (C)(2) and (3) of this section or section | 35798 |
| 3313.65 of the Revised Code during the preceding six calendar | 35799 |
| months, the duration of the attendance of those children, the | 35800 |
| school district responsible for tuition on behalf of the child, | 35801 |
| and any other information that the superintendent requires. | 35802 |
| Upon receipt of the report the superintendent, pursuant to | 35803 |
| division (F) of section 3317.023 of the Revised Code, shall deduct | 35804 |
| each district's tuition obligations under divisions (C)(2) and (3) | 35805 |
| of this section or section 3313.65 of the Revised Code and pay to | 35806 |
| the district of attendance that amount plus any amount required to | 35807 |
| be paid by the state. | 35808 |
| (K) In the event of a disagreement, the superintendent of | 35809 |
| public instruction shall determine the school district in which | 35810 |
| the parent resides. | 35811 |
| (L) Nothing in this section requires or authorizes, or shall | 35812 |
| be construed to require or authorize, the admission to a public | 35813 |
| school in this state of a pupil who has been permanently excluded | 35814 |
| from public school attendance by the superintendent of public | 35815 |
| instruction pursuant to sections 3301.121 and 3313.662 of the | 35816 |
| Revised Code. | 35817 |
| (M) In accordance with division (B)(1) of this section, a | 35818 |
| child whose parent is a member of the national guard or a reserve | 35819 |
| unit of the armed forces of the United States and is called to | 35820 |
| active duty, or a child whose parent is a member of the armed | 35821 |
| forces of the United States and is ordered to a temporary duty | 35822 |
| assignment outside of the district, may continue to attend school | 35823 |
| in the district in which the child's parent lived before being | 35824 |
| called to active duty or ordered to a temporary duty assignment | 35825 |
| outside of the district, as long as the child's parent continues | 35826 |
| to be a resident of that district, and regardless of where the | 35827 |
| child lives as a result of the parent's active duty status or | 35828 |
| temporary duty assignment. However, the district is not | 35829 |
| responsible for providing transportation for the child if the | 35830 |
| child lives outside of the district as a result of the parent's | 35831 |
| active duty status or temporary duty assignment. | 35832 |
| Sec. 3313.642. (A) Except as provided in division (B) of | 35833 |
| this section and notwithstanding the provisions of sections | 35834 |
| 3313.48 and 3313.64 of the Revised Code, the board of education of | 35835 |
| a city, exempted village, or local school district shall not be | 35836 |
| required to furnish, free of charge, to the pupils attending the | 35837 |
| public schools any materials used in a course of instruction with | 35838 |
| the exception of the necessary textbooks or electronic textbooks | 35839 |
| required to be furnished without charge pursuant to section | 35840 |
| 3329.06 of the Revised Code. The board may, however, make | 35841 |
| provision by appropriations transferred from the general fund of | 35842 |
| the district or otherwise for furnishing free of charge any | 35843 |
| materials used in a course of instruction to such pupils as it | 35844 |
| determines are in serious financial need of such materials. | 35845 |
| (B) No board of education of a school district | 35846 |
| 35847 | |
|
fee
to a | 35848 |
| 35849 | |
| "National School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, | 35850 |
| as amended, and the "Child Nutrition Act of 1966," 80 Stat. 885, | 35851 |
| 42 U.S.C. 1771, as amended, for any materials needed to enable | 35852 |
|
the | 35853 |
| instruction. The prohibition in this division against charging a | 35854 |
| fee does not apply to any fee charged for any materials needed to | 35855 |
|
enable a | 35856 |
| activities or in any pupil enrichment program that is not a course | 35857 |
| of instruction. | 35858 |
| (C) Boards of education may adopt rules and regulations | 35859 |
| prescribing a schedule of fees for materials used in a course of | 35860 |
| instruction and prescribing a schedule of charges which may be | 35861 |
| imposed upon pupils for the loss, damage, or destruction of school | 35862 |
| apparatus, equipment, musical instruments, library material, | 35863 |
| textbooks, or electronic textbooks required to be furnished | 35864 |
| without charge, and for damage to school buildings, and may | 35865 |
| enforce the payment of such fees and charges by withholding the | 35866 |
| grades and credits of the pupils concerned. | 35867 |
| Sec. 3313.6410. This section applies to any school that is | 35868 |
| operated by a school district and in which the enrolled students | 35869 |
| work primarily on assignments in nonclassroom-based learning | 35870 |
| opportunities provided via an internet- or other computer-based | 35871 |
| instructional method. | 35872 |
| (A) Any school to which this section applies shall withdraw | 35873 |
| from the school any student who, for two consecutive school years, | 35874 |
| has failed to participate in the spring administration of any test | 35875 |
| prescribed under section 3301.0710 or 3301.0712 of the Revised | 35876 |
| Code for the student's grade level and was not excused from the | 35877 |
| test pursuant to division (C)(1) or (3) of section 3301.0711 of | 35878 |
| the Revised Code, regardless of whether a waiver was granted for | 35879 |
| the student under division (E) of section 3317.03 of the Revised | 35880 |
| Code. The school shall report any such student's data | 35881 |
| verification code, as assigned pursuant to section 3301.0714 of | 35882 |
| the Revised Code, to the department of education to be added to | 35883 |
| the list maintained by the department under section 3314.26 of | 35884 |
| the Revised Code. | 35885 |
| (B) No school to which this section applies shall receive any | 35886 |
| state funds under Chapter 3317. of the Revised Code for any | 35887 |
| enrolled student whose data verification code appears on the list | 35888 |
| maintained by the department under section 3314.26 of the Revised | 35889 |
| Code. Notwithstanding any provision of the Revised Code to the | 35890 |
| contrary, the parent of any such student shall pay tuition to the | 35891 |
| school district that operates the school in an amount equal to | 35892 |
| the state funds the district otherwise would receive for that | 35893 |
| student, as determined by the department. A school to which this | 35894 |
| section applies may withdraw any student for whom the parent does | 35895 |
| not pay tuition as required by this division. | 35896 |
| Sec. 3313.65. (A) As used in this section and section | 35897 |
| 3313.64 of the Revised Code: | 35898 |
| (1) A person is "in a residential facility" if the person is | 35899 |
| a resident or a resident patient of an institution, home, or other | 35900 |
| residential facility that is: | 35901 |
| (a) Licensed as a nursing home, residential care facility, or | 35902 |
| home for the aging by the director of health under section 3721.02 | 35903 |
|
of the
Revised Code | 35904 |
| 35905 |
| (b) Licensed as an adult care facility by the director of | 35906 |
| health under Chapter 3722. of the Revised Code; | 35907 |
| (c) Maintained as a county home or district home by the board | 35908 |
| of county commissioners or a joint board of county commissioners | 35909 |
| under Chapter 5155. of the Revised Code; | 35910 |
| (d) Operated or administered by a board of alcohol, drug | 35911 |
| addiction, and mental health services under section 340.03 or | 35912 |
| 340.06 of the Revised Code, or provides residential care pursuant | 35913 |
| to contracts made under section 340.03 or 340.033 of the Revised | 35914 |
| Code; | 35915 |
| (e) Maintained as a state institution for the mentally ill | 35916 |
| under Chapter 5119. of the Revised Code; | 35917 |
| (f) Licensed by the department of mental health under section | 35918 |
| 5119.20 or 5119.22 of the Revised Code; | 35919 |
| (g) Licensed as a residential facility by the department of | 35920 |
| mental retardation and developmental disabilities under section | 35921 |
| 5123.19 of the Revised Code; | 35922 |
| (h) Operated by the veteran's administration or another | 35923 |
| agency of the United States government; | 35924 |
| (i) The Ohio soldiers' and sailors' home. | 35925 |
| (2) A person is "in a correctional facility" if any of the | 35926 |
| following apply: | 35927 |
| (a) The person is an Ohio resident and is: | 35928 |
| (i) Imprisoned, as defined in section 1.05 of the Revised | 35929 |
| Code; | 35930 |
| (ii) Serving a term in a community-based correctional | 35931 |
| facility or a district community-based correctional facility; | 35932 |
| (iii) Required, as a condition of parole, a post-release | 35933 |
| control sanction, a community control sanction, transitional | 35934 |
| control, or early release from imprisonment, as a condition of | 35935 |
| shock parole or shock probation granted under the law in effect | 35936 |
| prior to July 1, 1996, or as a condition of a furlough granted | 35937 |
| under the version of section 2967.26 of the Revised Code in effect | 35938 |
| prior to March 17, 1998, to reside in a halfway house or other | 35939 |
| community residential center licensed under section 2967.14 of the | 35940 |
| Revised Code or a similar facility designated by the court of | 35941 |
| common pleas that established the condition or by the adult parole | 35942 |
| authority. | 35943 |
| (b) The person is imprisoned in a state correctional | 35944 |
| institution of another state or a federal correctional institution | 35945 |
| but was an Ohio resident at the time the sentence was imposed for | 35946 |
| the crime for which the person is imprisoned. | 35947 |
| (3) A person is "in a juvenile residential placement" if the | 35948 |
| person is an Ohio resident who is under twenty-one years of age | 35949 |
| and has been removed, by the order of a juvenile court, from the | 35950 |
| place the person resided at the time the person became subject to | 35951 |
| the court's jurisdiction in the matter that resulted in the | 35952 |
| person's removal. | 35953 |
| (4) "Community control sanction" has the same meaning as in | 35954 |
| section 2929.01 of the Revised Code. | 35955 |
| (5) "Post-release control sanction" has the same meaning as | 35956 |
| in section 2967.01 of the Revised Code. | 35957 |
| (B) If the circumstances described in division (C) of this | 35958 |
| section apply, the determination of what school district must | 35959 |
| admit a child to its schools and what district, if any, is liable | 35960 |
| for tuition shall be made in accordance with this section, rather | 35961 |
| than section 3313.64 of the Revised Code. | 35962 |
| (C) A child who does not reside in the school district in | 35963 |
| which the child's parent resides and for whom a tuition obligation | 35964 |
| previously has not been established under division (C)(2) of | 35965 |
| section 3313.64 of the Revised Code shall be admitted to the | 35966 |
| schools of the district in which the child resides if at least one | 35967 |
| of the child's parents is in a residential or correctional | 35968 |
| facility or a juvenile residential placement and the other parent, | 35969 |
| if living and not in such a facility or placement, is not known to | 35970 |
| reside in this state. | 35971 |
| (D) Regardless of who has custody or care of the child, | 35972 |
| whether the child resides in a home, or whether the child receives | 35973 |
| special education, if a district admits a child under division (C) | 35974 |
| of this section, tuition shall be paid to that district as | 35975 |
| follows: | 35976 |
| (1) If the child's parent is in a juvenile residential | 35977 |
| placement, by the district in which the child's parent resided at | 35978 |
| the time the parent became subject to the jurisdiction of the | 35979 |
| juvenile court; | 35980 |
| (2) If the child's parent is in a correctional facility, by | 35981 |
| the district in which the child's parent resided at the time the | 35982 |
| sentence was imposed; | 35983 |
| (3) If the child's parent is in a residential facility, by | 35984 |
| the district in which the parent resided at the time the parent | 35985 |
| was admitted to the residential facility, except that if the | 35986 |
| parent was transferred from another residential facility, tuition | 35987 |
| shall be paid by the district in which the parent resided at the | 35988 |
| time the parent was admitted to the facility from which the parent | 35989 |
| first was transferred; | 35990 |
| (4) In the event of a disagreement as to which school | 35991 |
| district is liable for tuition under division (C)(1), (2), or (3) | 35992 |
| of this section, the superintendent of public instruction shall | 35993 |
| determine which district shall pay tuition. | 35994 |
| (E) If a child covered by division (D) of this section | 35995 |
| receives special education in accordance with Chapter 3323. of the | 35996 |
| Revised Code, the tuition shall be paid in accordance with section | 35997 |
| 3323.13 or 3323.14 of the Revised Code. Tuition for children who | 35998 |
| do not receive special education shall be paid in accordance with | 35999 |
| division (J) of section 3313.64 of the Revised Code. | 36000 |
| Sec. 3313.719. The board of education of each city, local, | 36001 |
| exempted village, and joint vocational school district and the | 36002 |
| governing authority of each chartered nonpublic school shall | 36003 |
| establish a written policy with respect to protecting students | 36004 |
| with peanut or other food allergies. The policy shall be developed | 36005 |
| in consultation with parents, school nurses and other school | 36006 |
| employees, school volunteers, students, and community members. | 36007 |
| Sec. 3313.843. (A) Notwithstanding division (D) of section | 36008 |
| 3311.52 of the Revised Code, this section does not apply to either | 36009 |
| of the following: | 36010 |
| (1) Any cooperative education school district; | 36011 |
| (2) Any city or exempted village school district with a total | 36012 |
| student count of thirteen thousand or more determined pursuant to | 36013 |
| section 3317.03 of the Revised Code that has not entered into one | 36014 |
| or more agreements pursuant to this section prior to July 1, 1993, | 36015 |
| unless the district's total student count did not exceed thirteen | 36016 |
| thousand at the time it entered into an initial agreement under | 36017 |
| this section. | 36018 |
| (B) The board of education of a city or exempted village | 36019 |
| school district and the governing board of an educational service | 36020 |
| center may enter into an agreement, through adoption of identical | 36021 |
| resolutions, under which the educational service center governing | 36022 |
| board will provide services to the city or exempted village school | 36023 |
| district. | 36024 |
| Services provided under the agreement shall be specified in | 36025 |
| the agreement, and may include any one or a combination of the | 36026 |
| following: supervisory teachers; in-service and continuing | 36027 |
| education programs for city or exempted village school district | 36028 |
| personnel; curriculum services as provided to the local school | 36029 |
| districts under the supervision of the service center governing | 36030 |
| board; research and development programs; academic instruction for | 36031 |
| which the governing board employs teachers pursuant to section | 36032 |
| 3319.02 of the Revised Code; and assistance in the provision of | 36033 |
| special accommodations and classes for students with | 36034 |
| disabilities. Services included in the agreement shall be provided | 36035 |
| to the city or exempted village district in the same manner they | 36036 |
| are provided to local school districts under the governing board's | 36037 |
| supervision, unless otherwise specified in the agreement. The city | 36038 |
| or exempted village board of education shall reimburse the | 36039 |
| educational service center governing board pursuant to section | 36040 |
| 3317.11 of the Revised Code. | 36041 |
| (C) If an educational service center received funding under | 36042 |
| division (B) of former section 3317.11 or division (F) of section | 36043 |
| 3317.11 of the Revised Code for an agreement under this section | 36044 |
| involving a city school district whose total student count was | 36045 |
| less than thirteen thousand, the service center may continue to | 36046 |
| receive funding under that division for such an agreement in any | 36047 |
| subsequent year if the city district's total student count exceeds | 36048 |
| thirteen thousand. However, only the first thirteen thousand | 36049 |
| pupils in the formula ADM of such district shall be included in | 36050 |
| determining the amount of the per pupil subsidy the service center | 36051 |
| shall receive under division (F) of section 3317.11 of the Revised | 36052 |
| Code. | 36053 |
| (D) | 36054 |
| funding under division (F) of section 3317.11 of the Revised Code, | 36055 |
| or under division (B) of former section 3317.11 of the Revised | 36056 |
| Code as it existed prior to September 26, 2003, for services | 36057 |
| provided to a city or exempted village school district pursuant to | 36058 |
| an agreement entered into under this section is dissolved or is | 36059 |
| scheduled to be dissolved under section 3311.0510 of the Revised | 36060 |
| Code, the city or exempted village school district that entered | 36061 |
| into that agreement with the service center may enter into a new | 36062 |
| agreement under this section with another service center for the | 36063 |
| same or similar services. In that case, the other service center | 36064 |
| shall receive funding under division (F) of section 3317.11 of the | 36065 |
| Revised Code for services to that district for any subsequent year | 36066 |
| that the new agreement is in force. An agreement entered into | 36067 |
| under this division shall be effective on the first day of July | 36068 |
| following the date both the service center governing board and the | 36069 |
| city or exempted village school district board approved the | 36070 |
| agreement, unless the agreement is so approved after the initial | 36071 |
| service center is dissolved, in which case the agreement shall be | 36072 |
| effective on the date that both boards have approved the | 36073 |
| agreement. | 36074 |
| (E) Except for an agreement under division (D) of this | 36075 |
| section that is approved by the boards of the district and the new | 36076 |
| service center after the initial service center is dissolved, any | 36077 |
| agreement entered into pursuant to this section shall be valid | 36078 |
| only if a copy is filed with the department of education by the | 36079 |
| first day of the school year for which the agreement is in effect. | 36080 |
| An agreement under division (D) of this section that is approved | 36081 |
| by the boards of the district and the new service center after the | 36082 |
| initial service center is dissolved shall be valid only if a copy | 36083 |
| is filed with the department within ten days after both boards | 36084 |
| have approved the agreement. | 36085 |
| Sec. 3313.86. The board of education of each city, exempted | 36086 |
| village, local, and joint vocational school district and the | 36087 |
| governing authority of each chartered nonpublic school | 36088 |
| periodically shall review its policies and procedures to ensure | 36089 |
| the safety of students, employees, and other persons using a | 36090 |
| school building from any known hazards in the building or on | 36091 |
| building grounds that, in the judgment of the board or governing | 36092 |
| authority, pose an immediate risk to health or safety. The board | 36093 |
| or governing authority shall further ensure that its policies and | 36094 |
| procedures comply with all federal laws and regulations regarding | 36095 |
| health and safety applicable to school buildings. | 36096 |
| Sec. 3314.012. (A) Within ninety days of September 28, 1999, | 36097 |
| the superintendent of public instruction shall appoint | 36098 |
| representatives of the department of education, including | 36099 |
| employees who work with the education management information | 36100 |
| system and employees of the office of community schools | 36101 |
| established by section 3314.11 of the Revised Code, to a committee | 36102 |
| to develop report card models for community schools. The director | 36103 |
| of the legislative office of education oversight shall also | 36104 |
| appoint representatives to the committee. The committee shall | 36105 |
| design model report cards appropriate for the various types of | 36106 |
| community schools approved to operate in the state. Sufficient | 36107 |
| models shall be developed to reflect the variety of grade levels | 36108 |
| served and the missions of the state's community schools. All | 36109 |
| models shall include both financial and academic data. The initial | 36110 |
| models shall be developed by March 31, 2000. | 36111 |
| (B) The department of education shall issue an annual report | 36112 |
| card for each community school. The report card shall report the | 36113 |
| academic and financial performance of the school utilizing one of | 36114 |
| the models developed under division (A) of this section. The | 36115 |
| report card shall include all information applicable to school | 36116 |
| buildings under division (A) of section 3302.03 of the Revised | 36117 |
| Code and section 3302.032 of the Revised Code. | 36118 |
| (C) Upon receipt of a copy of a contract between a sponsor | 36119 |
| and a community school entered into under this chapter, the | 36120 |
| department of education shall notify the community school of the | 36121 |
| specific model report card that will be used for that school. | 36122 |
| (D) Report cards shall be distributed to the parents of all | 36123 |
| students in the community school, to the members of the board of | 36124 |
| education of the school district in which the community school is | 36125 |
| located, and to any person who requests one from the department. | 36126 |
| (E) No report card shall be issued for any community school | 36127 |
| under this section until the school has been open for instruction | 36128 |
| for two full school years. | 36129 |
| Sec. 3314.02. (A) As used in this chapter: | 36130 |
| (1) "Sponsor" means an entity listed in division (C)(1) of | 36131 |
| this section, which has been approved by the department of | 36132 |
| education to sponsor community schools and with which the | 36133 |
| governing authority of the proposed community school enters into a | 36134 |
| contract pursuant to this section. | 36135 |
| (2) "Pilot project area" means the school districts included | 36136 |
| in the territory of the former community school pilot project | 36137 |
| established by former Section 50.52 of Am. Sub. H.B. No. 215 of | 36138 |
| the 122nd general assembly. | 36139 |
| (3) "Challenged school district" means any of the following: | 36140 |
| (a) A school district that is part of the pilot project area; | 36141 |
| (b) A school district that is either in a state of academic | 36142 |
| emergency or in a state of academic watch under section 3302.03 of | 36143 |
| the Revised Code; | 36144 |
| (c) A big eight school district. | 36145 |
| (4) "Big eight school district" means a school district that | 36146 |
| for fiscal year 1997 had both of the following: | 36147 |
| (a) A percentage of children residing in the district and | 36148 |
| participating in the predecessor of Ohio works first greater than | 36149 |
| thirty per cent, as reported pursuant to section 3317.10 of the | 36150 |
| Revised Code; | 36151 |
| (b) An average daily membership greater than twelve thousand, | 36152 |
| as reported pursuant to former division (A) of section 3317.03 of | 36153 |
| the Revised Code. | 36154 |
| (5) "New start-up school" means a community school other than | 36155 |
| one created by converting all or part of an existing public school | 36156 |
| or educational service center building, as designated in the | 36157 |
| school's contract pursuant to division (A)(17) of section 3314.03 | 36158 |
| of the Revised Code. | 36159 |
| (6) "Urban school district" means one of the state's | 36160 |
| twenty-one urban school districts as defined in division (O) of | 36161 |
| section 3317.02 of the Revised Code as that section existed prior | 36162 |
| to July 1, 1998. | 36163 |
| (7) "Internet- or computer-based community school" means a | 36164 |
| community school established under this chapter in which the | 36165 |
| enrolled students work primarily from their residences on | 36166 |
| assignments in nonclassroom-based learning opportunities provided | 36167 |
| via an internet- or other computer-based instructional method that | 36168 |
| does not rely on regular classroom instruction or via | 36169 |
| comprehensive instructional methods that include internet-based, | 36170 |
| other computer-based, and noncomputer-based learning | 36171 |
| opportunities. | 36172 |
| (B) Any person or group of individuals may initially propose | 36173 |
| under this division the conversion of all or a portion of a public | 36174 |
| school or a building operated by an educational service center to | 36175 |
| a community school. The proposal shall be made to the board of | 36176 |
|
education of
the city, local, | 36177 |
| vocational school district in which the public school is proposed | 36178 |
| to be converted or, in the case of the conversion of a building | 36179 |
| operated by an educational service center, to the governing board | 36180 |
| of the service center. Upon receipt of a proposal, a board may | 36181 |
| enter into a preliminary agreement with the person or group | 36182 |
| proposing the conversion of the public school or service center | 36183 |
| building, indicating the intention of the board to support the | 36184 |
| conversion to a community school. A proposing person or group | 36185 |
| that has a preliminary agreement under this division may proceed | 36186 |
| to finalize plans for the school, establish a governing authority | 36187 |
| for the school, and negotiate a contract with the board. Provided | 36188 |
| the proposing person or group adheres to the preliminary | 36189 |
| agreement and all provisions of this chapter, the board shall | 36190 |
| negotiate in good faith to enter into a contract in accordance | 36191 |
| with section 3314.03 of the Revised Code and division (C) of | 36192 |
| this section. | 36193 |
| (C)(1) Any person or group of individuals may propose under | 36194 |
| this division the establishment of a new start-up school to be | 36195 |
| located in a challenged school district. The proposal may be made | 36196 |
| to any of the following entities: | 36197 |
| (a) The board of education of the district in which the | 36198 |
| school is proposed to be located; | 36199 |
| (b) The board of education of any joint vocational school | 36200 |
| district with territory in the county in which is located the | 36201 |
| majority of the territory of the district in which the school is | 36202 |
| proposed to be located; | 36203 |
| (c) The board of education of any other city, local, or | 36204 |
| exempted village school district having territory in the same | 36205 |
| county where the district in which the school is proposed to be | 36206 |
| located has the major portion of its territory; | 36207 |
| (d) The governing board of any educational service center, as | 36208 |
| long as the proposed school will be located in a county within the | 36209 |
| territory of the service center or in a county contiguous to such | 36210 |
| county; | 36211 |
| (e) A sponsoring authority designated by the board of | 36212 |
| trustees of any of the thirteen state universities listed in | 36213 |
| section 3345.011 of the Revised Code or the board of trustees | 36214 |
| itself as long as a mission of the proposed school to be specified | 36215 |
| in the contract under division (A)(2) of section 3314.03 of the | 36216 |
| Revised Code and as approved by the department of education under | 36217 |
| division (B)(2) of section 3314.015 of the Revised Code will be | 36218 |
| the practical demonstration of teaching methods, educational | 36219 |
| technology, or other teaching practices that are included in the | 36220 |
| curriculum of the university's teacher preparation program | 36221 |
| approved by the state board of education; | 36222 |
| (f) Any qualified tax-exempt entity under section 501(c)(3) | 36223 |
| of the Internal Revenue Code as long as all of the following | 36224 |
| conditions are satisfied: | 36225 |
| (i) The entity has been in operation for at least five years | 36226 |
| prior to applying to be a community school sponsor. | 36227 |
| (ii) The entity has assets of at least five hundred thousand | 36228 |
| dollars and a demonstrated record of financial responsibility. | 36229 |
| (iii) The department of education has determined that the | 36230 |
| entity is an education-oriented entity under division (B)(3) of | 36231 |
| section 3314.015 of the Revised Code and the entity has a | 36232 |
| demonstrated record of successful implementation of educational | 36233 |
| programs. | 36234 |
| (iv) The entity is not a community school. | 36235 |
| Any entity described in division (C)(1) of this section may | 36236 |
| enter into a preliminary agreement pursuant to division (C)(2) of | 36237 |
| this section with the proposing person or group. | 36238 |
| (2) A preliminary agreement indicates the intention of an | 36239 |
| entity described in division (C)(1) of this section to sponsor the | 36240 |
| community school. A proposing person or group that has such a | 36241 |
| preliminary agreement may proceed to finalize plans for the | 36242 |
| school, establish a governing authority as described in division | 36243 |
| (E) of this section for the school, and negotiate a contract with | 36244 |
| the entity. Provided the proposing person or group adheres to the | 36245 |
| preliminary agreement and all provisions of this chapter, the | 36246 |
| entity shall negotiate in good faith to enter into a contract in | 36247 |
| accordance with section 3314.03 of the Revised Code. | 36248 |
| (3) A new start-up school that is established in a school | 36249 |
| district while that district is either in a state of academic | 36250 |
| emergency or in a state of academic watch under section 3302.03 of | 36251 |
| the Revised Code may continue in existence once the school | 36252 |
| district is no longer in a state of academic emergency or academic | 36253 |
| watch, provided there is a valid contract between the school and a | 36254 |
| sponsor. | 36255 |
| (4) A copy of every preliminary agreement entered into under | 36256 |
| this division shall be filed with the superintendent of public | 36257 |
| instruction. | 36258 |
| (D) A majority vote of the board of a sponsoring entity and a | 36259 |
| majority vote of the members of the governing authority of a | 36260 |
| community school shall be required to adopt a contract and convert | 36261 |
| the public school or educational service center building to a | 36262 |
| community school or establish the new start-up school. Beginning | 36263 |
| September 29, 2005, adoption of the contract shall occur not | 36264 |
| later than the fifteenth day of March, and signing of the | 36265 |
| contract shall occur not later than the fifteenth day of May, | 36266 |
| prior to the school year in which the school will open. The | 36267 |
| governing authority shall notify the department of education when | 36268 |
| the contract has been signed. Subject to sections 3314.013, | 36269 |
| 3314.014, 3314.016, and 3314.017 of the Revised Code, an | 36270 |
| unlimited number of community schools may be established in any | 36271 |
| school district provided that a contract is entered into for each | 36272 |
| community school pursuant to this chapter. | 36273 |
| (E)(1) As used in this division, "immediate relatives" are | 36274 |
| limited to spouses, children, parents, grandparents, siblings, and | 36275 |
| in-laws. | 36276 |
| Each new start-up community school established under this | 36277 |
| chapter shall be under the direction of a governing authority | 36278 |
| which shall consist of a board of not less than five individuals. | 36279 |
| No person shall serve on the governing authority or operate | 36280 |
| the community school under contract with the governing authority | 36281 |
| so long as the person owes the state any money or is in a dispute | 36282 |
| over whether the person owes the state any money concerning the | 36283 |
| operation of a community school that has closed. | 36284 |
| (2) No person shall serve on the governing authorities of | 36285 |
| more than two start-up community schools at the same time. | 36286 |
| (3) No present or former member, or immediate relative of a | 36287 |
| present or former member, of the governing authority of any | 36288 |
| community school established under this chapter shall be an owner, | 36289 |
| employee, or consultant of any nonprofit or for-profit operator of | 36290 |
| a community school, unless at least one year has elapsed since the | 36291 |
| conclusion of the person's membership. | 36292 |
| (F)(1) A new start-up school that is established prior to | 36293 |
| August 15, 2003, in an urban school district that is not also a | 36294 |
| big-eight school district may continue to operate after that date | 36295 |
| and the contract between the school's governing authority and the | 36296 |
| school's sponsor may be renewed, as provided under this chapter, | 36297 |
| after that date, but no additional new start-up schools may be | 36298 |
| established in such a district unless the district is a challenged | 36299 |
| school district as defined in this section as it exists on and | 36300 |
| after that date. | 36301 |
| (2) A community school that was established prior to June | 36302 |
| 29, 1999, and is located in a county contiguous to the pilot | 36303 |
| project area and in a school district that is not a challenged | 36304 |
| school district may continue to operate after that date, provided | 36305 |
| the school complies with all provisions of this chapter. The | 36306 |
| contract between the school's governing authority and the | 36307 |
| school's sponsor may be renewed, but no additional start-up | 36308 |
| community school may be established in that district unless the | 36309 |
| district is a challenged school district. | 36310 |
| (3) Any educational service center that, on June 30, 2007, | 36311 |
| sponsors a community school that is not located in a county | 36312 |
| within the territory of the service center or in a county | 36313 |
| contiguous to such county may continue to sponsor that community | 36314 |
| school on and after June 30, 2007, and may renew its contract | 36315 |
| with the school. However, the educational service center shall | 36316 |
| not enter into a contract with any additional community school | 36317 |
| unless the school is located in a county within the territory of | 36318 |
| the service center or in a county contiguous to such county. | 36319 |
| Sec. 3314.028. Notwithstanding any provision of this chapter | 36320 |
| to the contrary, beginning in the 2009-2010 school year, a | 36321 |
| community school that meets the following conditions may operate | 36322 |
| from the facility in which the school was located in the 2008-2009 | 36323 |
| school year and shall not be required to locate to another school | 36324 |
| district: | 36325 |
| (A) The school was located in the facility for at least the | 36326 |
| three school years prior to the 2009-2010 school year. | 36327 |
| (B) The school's sponsor is a school district that is | 36328 |
| adjacent to the school district in which the school is located. | 36329 |
| (C) The school's education program emphasizes serving | 36330 |
| students identified as gifted under Chapter 3324. of the Revised | 36331 |
| Code. | 36332 |
| (D) The school has been rated in need of continuous | 36333 |
| improvement or higher under section 3302.03 of the Revised Code | 36334 |
| for the previous three school years. | 36335 |
| Sec. 3314.03. A copy of every contract entered into under | 36336 |
| this section shall be filed with the superintendent of public | 36337 |
| instruction. | 36338 |
| (A) Each contract entered into between a sponsor and the | 36339 |
| governing authority of a community school shall specify the | 36340 |
| following: | 36341 |
| (1) That the school shall be established as either of the | 36342 |
| following: | 36343 |
| (a) A nonprofit corporation established under Chapter 1702. | 36344 |
| of the Revised Code, if established prior to April 8, 2003; | 36345 |
| (b) A public benefit corporation established under Chapter | 36346 |
| 1702. of the Revised Code, if established after April 8, 2003; | 36347 |
| (2) The education program of the school, including the | 36348 |
| school's mission, the characteristics of the students the school | 36349 |
| is expected to attract, the ages and grades of students, and the | 36350 |
| focus of the curriculum; | 36351 |
| (3) The academic goals to be achieved and the method of | 36352 |
| measurement that will be used to determine progress toward those | 36353 |
| goals, which shall include the statewide achievement tests; | 36354 |
| (4) Performance standards by which the success of the school | 36355 |
| will be evaluated by the sponsor; | 36356 |
| (5) The admission standards of section 3314.06 of the Revised | 36357 |
| Code and, if applicable, section 3314.061 of the Revised Code; | 36358 |
| (6)(a) Dismissal procedures; | 36359 |
| (b) A requirement that the governing authority adopt an | 36360 |
| attendance policy that includes a procedure for automatically | 36361 |
| withdrawing a student from the school if the student without a | 36362 |
| legitimate excuse fails to participate in one hundred five | 36363 |
| consecutive hours of the learning opportunities offered to the | 36364 |
| student. | 36365 |
| (7) The ways by which the school will achieve racial and | 36366 |
| ethnic balance reflective of the community it serves; | 36367 |
| (8) Requirements for financial audits by the auditor of | 36368 |
| state. The contract shall require financial records of the school | 36369 |
| to be maintained in the same manner as are financial records of | 36370 |
|
school districts, pursuant to
rules of the auditor of
state | 36371 |
| 36372 | |
| 117.10 of the Revised Code. | 36373 |
| (9) The facilities to be used and their locations; | 36374 |
| (10) Qualifications of teachers, including a requirement that | 36375 |
| the school's classroom teachers be licensed in accordance with | 36376 |
| sections 3319.22 to 3319.31 of the Revised Code, except that a | 36377 |
| community school may engage noncertificated persons to teach up to | 36378 |
| twelve hours per week pursuant to section 3319.301 of the Revised | 36379 |
| Code; | 36380 |
| (11) That the school will comply with the following | 36381 |
| requirements: | 36382 |
| (a) The school will provide learning opportunities to a | 36383 |
| minimum of twenty-five students for a minimum of nine hundred | 36384 |
| twenty hours per school year. | 36385 |
| (b) The governing authority will purchase liability | 36386 |
| insurance, or otherwise provide for the potential liability of the | 36387 |
| school. | 36388 |
| (c) The school will be nonsectarian in its programs, | 36389 |
| admission policies, employment practices, and all other | 36390 |
| operations, and will not be operated by a sectarian school or | 36391 |
| religious institution. | 36392 |
| (d) The school will comply with sections 9.90, 9.91, 109.65, | 36393 |
| 121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711, | 36394 |
| 3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608, | 36395 |
| 3313.6012, 3313.6013, 3313.6014, 3313.643, 3313.648, 3313.66, | 36396 |
| 3313.661, 3313.662, 3313.666, 3313.667, 3313.67, 3313.671, | 36397 |
| 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.718, | 36398 |
| 3313.719, 3313.80, 3313.86, 3313.96, 3319.073, 3319.321, | 36399 |
| 3319.39, 3319.391, 3321.01, 3321.13, 3321.14, 3321.17, 3321.18, | 36400 |
| 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and | 36401 |
| Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141., | 36402 |
| and 4167. of the Revised Code as if it were a school district | 36403 |
| and will comply with section 3301.0714 of the Revised Code in | 36404 |
| the manner specified in section 3314.17 of the Revised Code. | 36405 |
| (e) The school shall comply with Chapter 102. and section | 36406 |
| 2921.42 of the Revised Code. | 36407 |
| (f) The school will comply with sections 3313.61, 3313.611, | 36408 |
| and 3313.614 of the Revised Code, except that for students who | 36409 |
| enter ninth grade for the first time before July 1, 2010, the | 36410 |
| requirement in sections 3313.61 and 3313.611 of the Revised Code | 36411 |
| that a person must successfully complete the curriculum in any | 36412 |
| high school prior to receiving a high school diploma may be met by | 36413 |
| completing the curriculum adopted by the governing authority of | 36414 |
| the community school rather than the curriculum specified in Title | 36415 |
| XXXIII of the Revised Code or any rules of the state board of | 36416 |
| education. Beginning with students who enter ninth grade for the | 36417 |
| first time on or after July 1, 2010, the requirement in sections | 36418 |
| 3313.61 and 3313.611 of the Revised Code that a person must | 36419 |
| successfully complete the curriculum of a high school prior to | 36420 |
| receiving a high school diploma shall be met by completing the | 36421 |
| Ohio core curriculum prescribed in division (C) of section | 36422 |
| 3313.603 of the Revised Code, unless the person qualifies under | 36423 |
| division (D) or (F) of that section. Each school shall comply with | 36424 |
| the plan for awarding high school credit based on demonstration of | 36425 |
| subject area competency, adopted by the state board of education | 36426 |
| under division (J) of section 3313.603 of the Revised Code. | 36427 |
| (g) The school governing authority will submit within four | 36428 |
| months after the end of each school year a report of its | 36429 |
| activities and progress in meeting the goals and standards of | 36430 |
| divisions (A)(3) and (4) of this section and its financial status | 36431 |
| to the sponsor and the parents of all students enrolled in the | 36432 |
| school. | 36433 |
| (h) The school, unless it is an internet- or computer-based | 36434 |
| community school, will comply with section 3313.801 of the Revised | 36435 |
| Code as if it were a school district. | 36436 |
| (12) Arrangements for providing health and other benefits to | 36437 |
| employees; | 36438 |
| (13) The length of the contract, which shall begin at the | 36439 |
| beginning of an academic year. No contract shall exceed five years | 36440 |
| unless such contract has been renewed pursuant to division (E) of | 36441 |
| this section. | 36442 |
| (14) The governing authority of the school, which shall be | 36443 |
| responsible for carrying out the provisions of the contract; | 36444 |
| (15) A financial plan detailing an estimated school budget | 36445 |
| for each year of the period of the contract and specifying the | 36446 |
| total estimated per pupil expenditure amount for each such year. | 36447 |
| The plan shall specify for each year the base formula amount that | 36448 |
| will be used for purposes of funding calculations under section | 36449 |
| 3314.08 of the Revised Code. This base formula amount for any year | 36450 |
| shall not exceed the formula amount defined under section 3317.02 | 36451 |
| of the Revised Code. The plan may also specify for any year a | 36452 |
| percentage figure to be used for reducing the per pupil amount of | 36453 |
| the subsidy calculated pursuant to section 3317.029 of the Revised | 36454 |
| Code the school is to receive that year under section 3314.08 of | 36455 |
| the Revised Code. | 36456 |
| (16) Requirements and procedures regarding the disposition of | 36457 |
| employees of the school in the event the contract is terminated or | 36458 |
| not renewed pursuant to section 3314.07 of the Revised Code; | 36459 |
| (17) Whether the school is to be created by converting all or | 36460 |
| part of an existing public school or educational service center | 36461 |
| building or is to be a new start-up school, and if it is a | 36462 |
| converted public school or service center building, specification | 36463 |
| of any duties or responsibilities of an employer that the board of | 36464 |
| education or service center governing board that operated the | 36465 |
| school or building before conversion is delegating to the | 36466 |
| governing authority of the community school with respect to all | 36467 |
| or any specified group of employees provided the delegation is | 36468 |
| not prohibited by a collective bargaining agreement applicable to | 36469 |
| such employees; | 36470 |
| (18) Provisions establishing procedures for resolving | 36471 |
| disputes or differences of opinion between the sponsor and the | 36472 |
| governing authority of the community school; | 36473 |
| (19) A provision requiring the governing authority to adopt a | 36474 |
| policy regarding the admission of students who reside outside the | 36475 |
| district in which the school is located. That policy shall comply | 36476 |
| with the admissions procedures specified in sections 3314.06 and | 36477 |
| 3314.061 of the Revised Code and, at the sole discretion of the | 36478 |
| authority, shall do one of the following: | 36479 |
| (a) Prohibit the enrollment of students who reside outside | 36480 |
| the district in which the school is located; | 36481 |
| (b) Permit the enrollment of students who reside in districts | 36482 |
| adjacent to the district in which the school is located; | 36483 |
| (c) Permit the enrollment of students who reside in any other | 36484 |
| district in the state. | 36485 |
| (20) A provision recognizing the authority of the department | 36486 |
| of education to take over the sponsorship of the school in | 36487 |
| accordance with the provisions of division (C) of section 3314.015 | 36488 |
| of the Revised Code; | 36489 |
| (21) A provision recognizing the sponsor's authority to | 36490 |
| assume the operation of a school under the conditions specified in | 36491 |
| division (B) of section 3314.073 of the Revised Code; | 36492 |
| (22) A provision recognizing both of the following: | 36493 |
| (a) The authority of public health and safety officials to | 36494 |
| inspect the facilities of the school and to order the facilities | 36495 |
| closed if those officials find that the facilities are not in | 36496 |
| compliance with health and safety laws and regulations; | 36497 |
| (b) The authority of the department of education as the | 36498 |
| community school oversight body to suspend the operation of the | 36499 |
| school under section 3314.072 of the Revised Code if the | 36500 |
| department has evidence of conditions or violations of law at the | 36501 |
| school that pose an imminent danger to the health and safety of | 36502 |
| the school's students and employees and the sponsor refuses to | 36503 |
| take such action; | 36504 |
| (23) A description of the learning opportunities that will be | 36505 |
| offered to students including both classroom-based and | 36506 |
| non-classroom-based learning opportunities that is in compliance | 36507 |
| with criteria for student participation established by the | 36508 |
| department under division (L)(2) of section 3314.08 of the | 36509 |
| Revised Code; | 36510 |
| (24) The school will comply with sections 3302.04 and | 36511 |
| 3302.041 of the Revised Code, except that any action required to | 36512 |
| be taken by a school district pursuant to those sections shall | 36513 |
| be taken by the sponsor of the school. However, the sponsor | 36514 |
| shall not be required to take any action described in division | 36515 |
| (F) of section 3302.04 of the Revised Code. | 36516 |
| (25) Beginning in the 2006-2007 school year, the school will | 36517 |
| open for operation not later than the thirtieth day of September | 36518 |
| each school year, unless the mission of the school as specified | 36519 |
| under division (A)(2) of this section is solely to serve dropouts. | 36520 |
| In its initial year of operation, if the school fails to open by | 36521 |
| the thirtieth day of September, or within one year after the | 36522 |
| adoption of the contract pursuant to division (D) of section | 36523 |
| 3314.02 of the Revised Code if the mission of the school is solely | 36524 |
| to serve dropouts, the contract shall be void. | 36525 |
| (B) The community school shall also submit to the sponsor a | 36526 |
| comprehensive plan for the school. The plan shall specify the | 36527 |
| following: | 36528 |
| (1) The process by which the governing authority of the | 36529 |
| school will be selected in the future; | 36530 |
| (2) The management and administration of the school; | 36531 |
| (3) If the community school is a currently existing public | 36532 |
| school or educational service center building, alternative | 36533 |
| arrangements for current public school students who choose not to | 36534 |
| attend the converted school and for teachers who choose not to | 36535 |
| teach in the school or building after conversion; | 36536 |
| (4) The instructional program and educational philosophy of | 36537 |
| the school; | 36538 |
| (5) Internal financial controls. | 36539 |
| (C) A contract entered into under section 3314.02 of the | 36540 |
| Revised Code between a sponsor and the governing authority of a | 36541 |
| community school may provide for the community school governing | 36542 |
| authority to make payments to the sponsor, which is hereby | 36543 |
| authorized to receive such payments as set forth in the contract | 36544 |
| between the governing authority and the sponsor. The total amount | 36545 |
| of such payments for oversight and monitoring of the school shall | 36546 |
| not exceed three per cent of the total amount of payments for | 36547 |
| operating expenses that the school receives from the state. | 36548 |
| (D) The contract shall specify the duties of the sponsor | 36549 |
| which shall be in accordance with the written agreement entered | 36550 |
| into with the department of education under division (B) of | 36551 |
| section 3314.015 of the Revised Code and shall include the | 36552 |
| following: | 36553 |
| (1) Monitor the community school's compliance with all laws | 36554 |
| applicable to the school and with the terms of the contract; | 36555 |
| (2) Monitor and evaluate the academic and fiscal performance | 36556 |
| and the organization and operation of the community school on at | 36557 |
| least an annual basis; | 36558 |
| (3) Report on an annual basis the results of the evaluation | 36559 |
| conducted under division (D)(2) of this section to the department | 36560 |
| of education and to the parents of students enrolled in the | 36561 |
| community school; | 36562 |
| (4) Provide technical assistance to the community school in | 36563 |
| complying with laws applicable to the school and terms of the | 36564 |
| contract; | 36565 |
| (5) Take steps to intervene in the school's operation to | 36566 |
| correct problems in the school's overall performance, declare the | 36567 |
| school to be on probationary status pursuant to section 3314.073 | 36568 |
| of the Revised Code, suspend the operation of the school pursuant | 36569 |
| to section 3314.072 of the Revised Code, or terminate the contract | 36570 |
| of the school pursuant to section 3314.07 of the Revised Code as | 36571 |
| determined necessary by the sponsor; | 36572 |
| (6) Have in place a plan of action to be undertaken in the | 36573 |
| event the community school experiences financial difficulties or | 36574 |
| closes prior to the end of a school year. | 36575 |
| (E) Upon the expiration of a contract entered into under this | 36576 |
| section, the sponsor of a community school may, with the approval | 36577 |
| of the governing authority of the school, renew that contract for | 36578 |
| a period of time determined by the sponsor, but not ending earlier | 36579 |
| than the end of any school year, if the sponsor finds that the | 36580 |
| school's compliance with applicable laws and terms of the contract | 36581 |
| and the school's progress in meeting the academic goals prescribed | 36582 |
| in the contract have been satisfactory. Any contract that is | 36583 |
| renewed under this division remains subject to the provisions of | 36584 |
| sections 3314.07, 3314.072, and 3314.073 of the Revised Code. | 36585 |
| (F) If a community school fails to open for operation within | 36586 |
| one year after the contract entered into under this section is | 36587 |
| adopted pursuant to division (D) of section 3314.02 of the Revised | 36588 |
| Code or permanently closes prior to the expiration of the | 36589 |
| contract, the contract shall be void and the school shall not | 36590 |
| enter into a contract with any other sponsor. A school shall not | 36591 |
| be considered permanently closed because the operations of the | 36592 |
| school have been suspended pursuant to section 3314.072 of the | 36593 |
| Revised Code. Any contract that becomes void under this division | 36594 |
| shall not count toward any statewide limit on the number of such | 36595 |
| contracts prescribed by section 3314.013 of the Revised Code. | 36596 |
| Sec. 3314.08. (A) As used in this section: | 36597 |
| (1) "Base formula amount" means the amount specified as such | 36598 |
| in a community school's financial plan for a school year pursuant | 36599 |
| to division (A)(15) of section 3314.03 of the Revised Code. | 36600 |
| (2) "IEP" has the same meaning as in section 3323.01 of the | 36601 |
| Revised Code. | 36602 |
| (3) "Applicable special education weight" means the multiple | 36603 |
| specified in section 3317.013 of the Revised Code for a | 36604 |
| disability described in that section. | 36605 |
| (4) "Applicable vocational education weight" means: | 36606 |
| (a) For a student enrolled in vocational education programs | 36607 |
| or classes described in division (A) of section 3317.014 of the | 36608 |
| Revised Code, the multiple specified in that division; | 36609 |
| (b) For a student enrolled in vocational education programs | 36610 |
| or classes described in division (B) of section 3317.014 of the | 36611 |
| Revised Code, the multiple specified in that division. | 36612 |
| (5) "Entitled to attend school" means entitled to attend | 36613 |
| school in a district under section 3313.64 or 3313.65 of the | 36614 |
| Revised Code. | 36615 |
| (6) A community school student is "included in the poverty | 36616 |
| student count" of a school district if the student is entitled to | 36617 |
| attend school in the district and the student's family receives | 36618 |
| assistance under the Ohio works first program. | 36619 |
| (7) "Poverty-based assistance reduction factor" means the | 36620 |
| percentage figure, if any, for reducing the per pupil amount of | 36621 |
| poverty-based assistance a community school is entitled to receive | 36622 |
| pursuant to divisions (D)(5) to (9) of this section in any year, | 36623 |
| as specified in the school's financial plan for the year pursuant | 36624 |
| to division (A)(15) of section 3314.03 of the Revised Code. | 36625 |
| (8) "All-day kindergarten" has the same meaning as in section | 36626 |
| 3317.029 of the Revised Code. | 36627 |
| (9) "State education aid" has the same meaning as in section | 36628 |
| 5751.20 of the Revised Code. | 36629 |
| (B) The state board of education shall adopt rules requiring | 36630 |
| both of the following: | 36631 |
| (1) The board of education of each city, exempted village, | 36632 |
| and local school district to annually report the number of | 36633 |
| students entitled to attend school in the district who are | 36634 |
| enrolled in grades one through twelve in a community school | 36635 |
| established under this chapter, the number of students entitled to | 36636 |
| attend school in the district who are enrolled in kindergarten in | 36637 |
| a community school, the number of those kindergartners who are | 36638 |
| enrolled in all-day kindergarten in their community school, and | 36639 |
| for each child, the community school in which the child is | 36640 |
| enrolled. | 36641 |
| (2) The governing authority of each community school | 36642 |
| established under this chapter to annually report all of the | 36643 |
| following: | 36644 |
| (a) The number of students enrolled in grades one through | 36645 |
| twelve and the number of students enrolled in kindergarten in the | 36646 |
| school who are not receiving special education and related | 36647 |
| services pursuant to an IEP; | 36648 |
| (b) The number of enrolled students in grades one through | 36649 |
| twelve and the number of enrolled students in kindergarten, who | 36650 |
| are receiving special education and related services pursuant to | 36651 |
| an IEP; | 36652 |
| (c) The number of students reported under division (B)(2)(b) | 36653 |
| of this section receiving special education and related services | 36654 |
| pursuant to an IEP for a disability described in each of | 36655 |
| divisions (A) to (F) of section 3317.013 of the Revised Code; | 36656 |
| (d) The full-time equivalent number of students reported | 36657 |
| under divisions (B)(2)(a) and (b) of this section who are enrolled | 36658 |
| in vocational education programs or classes described in each of | 36659 |
| divisions (A) and (B) of section 3317.014 of the Revised Code that | 36660 |
| are provided by the community school; | 36661 |
| (e) Twenty per cent of the number of students reported under | 36662 |
| divisions (B)(2)(a) and (b) of this section who are not reported | 36663 |
| under division (B)(2)(d) of this section but who are enrolled in | 36664 |
| vocational education programs or classes described in each of | 36665 |
| divisions (A) and (B) of section 3317.014 of the Revised Code at a | 36666 |
| joint vocational school district under a contract between the | 36667 |
| community school and the joint vocational school district and are | 36668 |
| entitled to attend school in a city, local, or exempted village | 36669 |
| school district whose territory is part of the territory of the | 36670 |
| joint vocational district; | 36671 |
| (f) The number of enrolled preschool children with | 36672 |
| disabilities receiving special education services in a | 36673 |
| state-funded unit; | 36674 |
| (g) The community school's base formula amount; | 36675 |
| (h) For each student, the city, exempted village, or local | 36676 |
| school district in which the student is entitled to attend school; | 36677 |
| (i) Any poverty-based assistance reduction factor that | 36678 |
| applies to a school year. | 36679 |
| (C) From the state education aid calculated for a city, | 36680 |
| exempted village, or local school district and, if necessary, | 36681 |
| from the payment made to the district under sections 321.24 and | 36682 |
| 323.156 of the Revised Code, the department of education shall | 36683 |
| annually subtract the sum of the amounts described in divisions | 36684 |
| (C)(1) to (9) of this section. However, when deducting payments | 36685 |
| on behalf of students enrolled in internet- or computer-based | 36686 |
| community schools, the department shall deduct only those amounts | 36687 |
| described in divisions (C)(1) and (2) of this section. | 36688 |
| Furthermore, the aggregate amount deducted under this division | 36689 |
| shall not exceed the sum of the district's state education aid | 36690 |
| and its payment under sections 321.24 and 323.156 of the Revised | 36691 |
| Code. | 36692 |
| (1) An amount equal to the sum of the amounts obtained when, | 36693 |
| for each community school where the district's students are | 36694 |
| enrolled, the number of the district's students reported under | 36695 |
| divisions (B)(2)(a), (b), and (e) of this section who are enrolled | 36696 |
| in grades one through twelve, and one-half the number of students | 36697 |
| reported under those divisions who are enrolled in kindergarten, | 36698 |
| in that community school is multiplied by the sum of the base | 36699 |
| formula amount of that community school plus the per pupil | 36700 |
| amount of the base funding supplements specified in divisions | 36701 |
| (C)(1) to (4) of section 3317.012 of the Revised Code. | 36702 |
| (2) The sum of the amounts calculated under divisions | 36703 |
| (C)(2)(a) and (b) of this section: | 36704 |
| (a) For each of the district's students reported under | 36705 |
| division (B)(2)(c) of this section as enrolled in a community | 36706 |
| school in grades one through twelve and receiving special | 36707 |
| education and related services pursuant to an IEP for a | 36708 |
| disability described in section 3317.013 of the Revised Code, the | 36709 |
| product of the applicable special education weight times the | 36710 |
| community school's base formula amount; | 36711 |
| (b) For each of the district's students reported under | 36712 |
| division (B)(2)(c) of this section as enrolled in kindergarten in | 36713 |
| a community school and receiving special education and related | 36714 |
| services pursuant to an IEP for a disability described in section | 36715 |
| 3317.013 of the Revised Code, one-half of the amount calculated | 36716 |
| as prescribed in division (C)(2)(a) of this section. | 36717 |
| (3) For each of the district's students reported under | 36718 |
| division (B)(2)(d) of this section for whom payment is made under | 36719 |
| division (D)(4) of this section, the amount of that payment; | 36720 |
| (4) An amount equal to the sum of the amounts obtained when, | 36721 |
| for each community school where the district's students are | 36722 |
| enrolled, the number of the district's students enrolled in that | 36723 |
| community school who are included in the district's poverty | 36724 |
| student count is multiplied by the per pupil amount of | 36725 |
| poverty-based assistance the school district receives that year | 36726 |
| pursuant to division (C) of section 3317.029 of the Revised Code, | 36727 |
| as adjusted by any poverty-based assistance reduction factor of | 36728 |
| that community school. The per pupil amount of that aid for the | 36729 |
| district shall be calculated by the department. | 36730 |
| (5) An amount equal to the sum of the amounts obtained when, | 36731 |
| for each community school where the district's students are | 36732 |
| enrolled, the district's per pupil amount of aid received under | 36733 |
| division (E) of section 3317.029 of the Revised Code, as adjusted | 36734 |
| by any poverty-based assistance reduction factor of the community | 36735 |
| school, is multiplied by the sum of the following: | 36736 |
| (a) The number of the district's students reported under | 36737 |
| division (B)(2)(a) of this section who are enrolled in grades one | 36738 |
| to three in that community school and who are not receiving | 36739 |
| special education and related services pursuant to an IEP; | 36740 |
| (b) One-half of the district's students who are enrolled in | 36741 |
| all-day or any other kindergarten class in that community school | 36742 |
| and who are not receiving special education and related services | 36743 |
| pursuant to an IEP; | 36744 |
| (c) One-half of the district's students who are enrolled in | 36745 |
| all-day kindergarten in that community school and who are not | 36746 |
| receiving special education and related services pursuant to an | 36747 |
| IEP. | 36748 |
| The district's per pupil amount of aid under division (E) of | 36749 |
| section 3317.029 of the Revised Code is the quotient of the amount | 36750 |
| the district received under that division divided by the | 36751 |
| district's kindergarten through third grade ADM, as defined in | 36752 |
| that section. | 36753 |
| (6) An amount equal to the sum of the amounts obtained when, | 36754 |
| for each community school where the district's students are | 36755 |
| enrolled, the district's per pupil amount received under division | 36756 |
| (F) of section 3317.029 of the Revised Code, as adjusted by any | 36757 |
| poverty-based assistance reduction factor of that community | 36758 |
| school, is multiplied by the number of the district's students | 36759 |
| enrolled in the community school who are identified as | 36760 |
| limited-English proficient. | 36761 |
| (7) An amount equal to the sum of the amounts obtained when, | 36762 |
| for each community school where the district's students are | 36763 |
| enrolled, the district's per pupil amount received under division | 36764 |
| (G) of section 3317.029 of the Revised Code, as adjusted by any | 36765 |
| poverty-based assistance reduction factor of that community | 36766 |
| school, is multiplied by the sum of the following: | 36767 |
| (a) The number of the district's students enrolled in grades | 36768 |
| one through twelve in that community school; | 36769 |
| (b) One-half of the number of the district's students | 36770 |
| enrolled in kindergarten in that community school. | 36771 |
| The district's per pupil amount under division (G) of section | 36772 |
| 3317.029 of the Revised Code is the district's amount per teacher | 36773 |
| calculated under division (G)(1) or (2) of that section divided by | 36774 |
| 17. | 36775 |
| (8) An amount equal to the sum of the amounts obtained when, | 36776 |
| for each community school where the district's students are | 36777 |
| enrolled, the district's per pupil amount received under divisions | 36778 |
| (H) and (I) of section 3317.029 of the Revised Code, as adjusted | 36779 |
| by any poverty-based assistance reduction factor of that community | 36780 |
| school, is multiplied by the sum of the following: | 36781 |
| (a) The number of the district's students enrolled in grades | 36782 |
| one through twelve in that community school; | 36783 |
| (b) One-half of the number of the district's students | 36784 |
| enrolled in kindergarten in that community school. | 36785 |
| The district's per pupil amount under divisions (H) and (I) | 36786 |
| of section 3317.029 of the Revised Code is the amount calculated | 36787 |
| under each division divided by the district's formula ADM, as | 36788 |
| defined in section 3317.02 of the Revised Code. | 36789 |
| (9) An amount equal to the per pupil state parity aid funding | 36790 |
| calculated for the school district under either division (C) or | 36791 |
| (D) of section 3317.0217 of the Revised Code multiplied by the sum | 36792 |
| of the number of students in grades one through twelve, and | 36793 |
| one-half of the number of students in kindergarten, who are | 36794 |
| entitled to attend school in the district and are enrolled in a | 36795 |
| community school as reported under division (B)(1) of this | 36796 |
| section. | 36797 |
| (D) The department shall annually pay to a community school | 36798 |
| established under this chapter the sum of the amounts described in | 36799 |
| divisions (D)(1) to (10) of this section. However, the department | 36800 |
| shall calculate and pay to each internet- or computer-based | 36801 |
| community school only the amounts described in divisions (D)(1) to | 36802 |
| (3) of this section. Furthermore, the sum of the payments to all | 36803 |
| community schools under divisions (D)(1), (2), and (4) to (10) of | 36804 |
| this section for the students entitled to attend school in any | 36805 |
| particular school district shall not exceed the sum of that | 36806 |
| district's state education aid and its payment under sections | 36807 |
| 321.24 and 323.156 of the Revised Code. If the sum of the | 36808 |
| payments calculated under those divisions for the students | 36809 |
| entitled to attend school in a particular school district exceeds | 36810 |
| the sum of that district's state education aid and its payment | 36811 |
| under sections 321.24 and 323.156 of the Revised Code, the | 36812 |
| department shall calculate and apply a proration factor to the | 36813 |
| payments to all community schools under those divisions for the | 36814 |
| students entitled to attend school in that district. | 36815 |
| (1) Subject to section 3314.085 of the Revised Code, an | 36816 |
| amount equal to the sum of the amounts obtained when the number of | 36817 |
| students enrolled in grades one through twelve, plus one-half of | 36818 |
| the kindergarten students in the school, reported under divisions | 36819 |
| (B)(2)(a), (b), and (e) of this section who are not receiving | 36820 |
| special education and related services pursuant to an IEP for a | 36821 |
| disability described in section 3317.013 of the Revised Code is | 36822 |
| multiplied by the sum of the community school's base formula | 36823 |
| amount plus the per pupil amount of the base funding supplements | 36824 |
| specified in divisions (C)(1) to (4) of section 3317.012 of the | 36825 |
| Revised Code. | 36826 |
| (2) Prior to fiscal year 2007, the greater of the amount | 36827 |
| calculated under division (D)(2)(a) or (b) of this section, and in | 36828 |
| fiscal year 2007 and thereafter, the amount calculated under | 36829 |
| division (D)(2)(b) of this section: | 36830 |
| (a) The aggregate amount that the department paid to the | 36831 |
| community school in fiscal year 1999 for students receiving | 36832 |
| special education and related services pursuant to IEPs, excluding | 36833 |
| federal funds and state disadvantaged pupil impact aid funds; | 36834 |
| (b) The sum of the amounts calculated under divisions | 36835 |
| (D)(2)(b)(i) and (ii) of this section: | 36836 |
| (i) For each student reported under division (B)(2)(c) of | 36837 |
| this section as enrolled in the school in grades one through | 36838 |
| twelve and receiving special education and related services | 36839 |
| pursuant to an IEP for a disability described in section 3317.013 | 36840 |
| of the Revised Code, the following amount: | 36841 |
| 36842 | |
| 36843 | |
| 36844 | |
| 36845 | |
| 36846 | |
| (ii) For each student reported under division (B)(2)(c) of | 36847 |
| this section as enrolled in kindergarten and receiving special | 36848 |
| education and related services pursuant to an IEP for a disability | 36849 |
| described in section 3317.013 of the Revised Code, one-half of | 36850 |
| the amount calculated under the formula prescribed in division | 36851 |
| (D)(2)(b)(i) of this section. | 36852 |
| (3) An amount received from federal funds to provide special | 36853 |
| education and related services to students in the community | 36854 |
| school, as determined by the superintendent of public instruction. | 36855 |
| (4) For each student reported under division (B)(2)(d) of | 36856 |
| this section as enrolled in vocational education programs or | 36857 |
| classes that are described in section 3317.014 of the Revised | 36858 |
| Code, are provided by the community school, and are comparable as | 36859 |
| determined by the superintendent of public instruction to school | 36860 |
| district vocational education programs and classes eligible for | 36861 |
| state weighted funding under section 3317.014 of the Revised Code, | 36862 |
| an amount equal to the applicable vocational education weight | 36863 |
| times the community school's base formula amount times the | 36864 |
| percentage of time the student spends in the vocational education | 36865 |
| programs or classes. | 36866 |
| (5) An amount equal to the sum of the amounts obtained when, | 36867 |
| for each school district where the community school's students are | 36868 |
| entitled to attend school, the number of that district's students | 36869 |
| enrolled in the community school who are included in the | 36870 |
| district's poverty student count is multiplied by the per pupil | 36871 |
| amount of poverty-based assistance that school district receives | 36872 |
| that year pursuant to division (C) of section 3317.029 of the | 36873 |
| Revised Code, as adjusted by any poverty-based assistance | 36874 |
| reduction factor of the community school. The per pupil amount of | 36875 |
| aid shall be determined as described in division (C)(4) of this | 36876 |
| section. | 36877 |
| (6) An amount equal to the sum of the amounts obtained when, | 36878 |
| for each school district where the community school's students are | 36879 |
| entitled to attend school, the district's per pupil amount of aid | 36880 |
| received under division (E) of section 3317.029 of the Revised | 36881 |
| Code, as adjusted by any poverty-based assistance reduction | 36882 |
| factor of the community school, is multiplied by the sum of the | 36883 |
| following: | 36884 |
| (a) The number of the district's students reported under | 36885 |
| division (B)(2)(a) of this section who are enrolled in grades one | 36886 |
| to three in that community school and who are not receiving | 36887 |
| special education and related services pursuant to an IEP; | 36888 |
| (b) One-half of the district's students who are enrolled in | 36889 |
| all-day or any other kindergarten class in that community school | 36890 |
| and who are not receiving special education and related services | 36891 |
| pursuant to an IEP; | 36892 |
| (c) One-half of the district's students who are enrolled in | 36893 |
| all-day kindergarten in that community school and who are not | 36894 |
| receiving special education and related services pursuant to an | 36895 |
| IEP. | 36896 |
| The district's per pupil amount of aid under division (E) of | 36897 |
| section 3317.029 of the Revised Code shall be determined as | 36898 |
| described in division (C)(5) of this section. | 36899 |
| (7) An amount equal to the sum of the amounts obtained when, | 36900 |
| for each school district where the community school's students are | 36901 |
| entitled to attend school, the number of that district's students | 36902 |
| enrolled in the community school who are identified as | 36903 |
| limited-English proficient is multiplied by the district's per | 36904 |
| pupil amount received under division (F) of section 3317.029 of | 36905 |
| the Revised Code, as adjusted by any poverty-based assistance | 36906 |
| reduction factor of the community school. | 36907 |
| (8) An amount equal to the sum of the amounts obtained when, | 36908 |
| for each school district where the community school's students are | 36909 |
| entitled to attend school, the district's per pupil amount | 36910 |
| received under division (G) of section 3317.029 of the Revised | 36911 |
| Code, as adjusted by any poverty-based assistance reduction factor | 36912 |
| of the community school, is multiplied by the sum of the | 36913 |
| following: | 36914 |
| (a) The number of the district's students enrolled in grades | 36915 |
| one through twelve in that community school; | 36916 |
| (b) One-half of the number of the district's students | 36917 |
| enrolled in kindergarten in that community school. | 36918 |
| The district's per pupil amount under division (G) of section | 36919 |
| 3317.029 of the Revised Code shall be determined as described in | 36920 |
| division (C)(7) of this section. | 36921 |
| (9) An amount equal to the sum of the amounts obtained when, | 36922 |
| for each school district where the community school's students are | 36923 |
| entitled to attend school, the district's per pupil amount | 36924 |
| received under divisions (H) and (I) of section 3317.029 of the | 36925 |
| Revised Code, as adjusted by any poverty-based assistance | 36926 |
| reduction factor of the community school, is multiplied by the sum | 36927 |
| of the following: | 36928 |
| (a) The number of the district's students enrolled in grades | 36929 |
| one through twelve in that community school; | 36930 |
| (b) One-half of the number of the district's students | 36931 |
| enrolled in kindergarten in that community school. | 36932 |
| The district's per pupil amount under divisions (H) and (I) | 36933 |
| of section 3317.029 of the Revised Code shall be determined as | 36934 |
| described in division (C)(8) of this section. | 36935 |
| (10) An amount equal to the sum of the amounts obtained when, | 36936 |
| for each school district where the community school's students are | 36937 |
| entitled to attend school, the district's per pupil amount of | 36938 |
| state parity aid funding calculated under either division (C) or | 36939 |
| (D) of section 3317.0217 of the Revised Code is multiplied by the | 36940 |
| sum of the number of that district's students enrolled in grades | 36941 |
| one through twelve, and one-half of the number of that district's | 36942 |
| students enrolled in kindergarten, in the community school as | 36943 |
| reported under division (B)(2)(a) and (b) of this section. | 36944 |
| (E)(1) If a community school's costs for a fiscal year for a | 36945 |
| student receiving special education and related services pursuant | 36946 |
| to an IEP for a disability described in divisions (B) to (F) of | 36947 |
| section 3317.013 of the Revised Code exceed the threshold | 36948 |
| catastrophic cost for serving the student as specified in division | 36949 |
| (C)(3)(b) of section 3317.022 of the Revised Code, the school may | 36950 |
| submit to the superintendent of public instruction documentation, | 36951 |
| as prescribed by the superintendent, of all its costs for that | 36952 |
| student. Upon submission of documentation for a student of the | 36953 |
| type and in the manner prescribed, the department shall pay to the | 36954 |
| community school an amount equal to the school's costs for the | 36955 |
| student in excess of the threshold catastrophic costs. | 36956 |
| (2) The community school shall only report under division | 36957 |
| (E)(1) of this section, and the department shall only pay for, the | 36958 |
| costs of educational expenses and the related services provided to | 36959 |
| the student in accordance with the student's individualized | 36960 |
| education program. Any legal fees, court costs, or other costs | 36961 |
| associated with any cause of action relating to the student may | 36962 |
| not be included in the amount. | 36963 |
| (F) A community school may apply to the department of | 36964 |
| education for preschool children with disabilities or gifted unit | 36965 |
| funding the school would receive if it were a school district. | 36966 |
| Upon request of its governing authority, a community school that | 36967 |
| received unit funding as a school district-operated school before | 36968 |
| it became a community school shall retain any units awarded to it | 36969 |
| as a school district-operated school provided the school | 36970 |
| continues to meet eligibility standards for the unit. | 36971 |
| A community school shall be considered a school district and | 36972 |
| its governing authority shall be considered a board of education | 36973 |
| for the purpose of applying to any state or federal agency for | 36974 |
| grants that a school district may receive under federal or state | 36975 |
| law or any appropriations act of the general assembly. The | 36976 |
| governing authority of a community school may apply to any private | 36977 |
| entity for additional funds. | 36978 |
| (G) A board of education sponsoring a community school may | 36979 |
| utilize local funds to make enhancement grants to the school or | 36980 |
| may agree, either as part of the contract or separately, to | 36981 |
| provide any specific services to the community school at no cost | 36982 |
| to the school. | 36983 |
| (H) A community school may not levy taxes or issue bonds | 36984 |
| secured by tax revenues. | 36985 |
| (I) No community school shall charge tuition for the | 36986 |
| enrollment of any student. | 36987 |
| (J)(1)(a) A community school may borrow money to pay any | 36988 |
| necessary and actual expenses of the school in anticipation of the | 36989 |
| receipt of any portion of the payments to be received by the | 36990 |
| school pursuant to division (D) of this section. The school may | 36991 |
| issue notes to evidence such borrowing. The proceeds of the notes | 36992 |
| shall be used only for the purposes for which the anticipated | 36993 |
| receipts may be lawfully expended by the school. | 36994 |
| (b) A school may also borrow money for a term not to exceed | 36995 |
| fifteen years for the purpose of acquiring facilities. | 36996 |
| (2) Except for any amount guaranteed under section 3318.50 of | 36997 |
| the Revised Code, the state is not liable for debt incurred by the | 36998 |
| governing authority of a community school. | 36999 |
| (K) For purposes of determining the number of students for | 37000 |
| which divisions (D)(5) and (6) of this section applies in any | 37001 |
| school year, a community school may submit to the department of | 37002 |
| job and family services, no later than the first day of March, a | 37003 |
| list of the students enrolled in the school. For each student on | 37004 |
| the list, the community school shall indicate the student's name, | 37005 |
| address, and date of birth and the school district where the | 37006 |
| student is entitled to attend school. Upon receipt of a list under | 37007 |
| this division, the department of job and family services shall | 37008 |
| determine, for each school district where one or more students on | 37009 |
| the list is entitled to attend school, the number of students | 37010 |
| residing in that school district who were included in the | 37011 |
| department's report under section 3317.10 of the Revised Code. The | 37012 |
| department shall make this determination on the basis of | 37013 |
| information readily available to it. Upon making this | 37014 |
| determination and no later than ninety days after submission of | 37015 |
| the list by the community school, the department shall report to | 37016 |
| the state department of education the number of students on the | 37017 |
| list who reside in each school district who were included in the | 37018 |
| department's report under section 3317.10 of the Revised Code. In | 37019 |
| complying with this division, the department of job and family | 37020 |
| services shall not report to the state department of education any | 37021 |
| personally identifiable information on any student. | 37022 |
| (L) The department of education shall adjust the amounts | 37023 |
| subtracted and paid under divisions (C) and (D) of this section to | 37024 |
| reflect any enrollment of students in community schools for less | 37025 |
| than the equivalent of a full school year. The state board of | 37026 |
| education within ninety days after April 8, 2003, shall adopt in | 37027 |
| accordance with Chapter 119. of the Revised Code rules governing | 37028 |
| the payments to community schools under this section and section | 37029 |
| 3314.13 of the Revised Code including initial payments in a school | 37030 |
| year and adjustments and reductions made in subsequent periodic | 37031 |
| payments to community schools and corresponding deductions from | 37032 |
| school district accounts as provided under divisions (C) and (D) | 37033 |
| of this section and section 3314.13 of the Revised Code. For | 37034 |
| purposes of this section and section 3314.13 of the Revised Code: | 37035 |
| (1) A student shall be considered enrolled in the community | 37036 |
| school for any portion of the school year the student is | 37037 |
| participating at a college under Chapter 3365. of the Revised | 37038 |
| Code. | 37039 |
| (2) A student shall be considered to be enrolled in a | 37040 |
| community school during a school year for the period of time | 37041 |
| beginning on the later of the date on which the school both has | 37042 |
| received documentation of the student's enrollment from a parent | 37043 |
| and the student has commenced participation in learning | 37044 |
| opportunities as defined in the contract with the sponsor, or | 37045 |
| thirty days prior to the date on which the student is entered into | 37046 |
| the education management information system established under | 37047 |
| section 3301.0714 of the Revised Code. For purposes of applying | 37048 |
|
this
division and | 37049 |
| section to a community school student, "learning opportunities" | 37050 |
| shall be defined in the contract, which shall describe both | 37051 |
| classroom-based and non-classroom-based learning opportunities | 37052 |
| and shall be in compliance with criteria and documentation | 37053 |
| requirements for student participation which shall be established | 37054 |
| by the department. Any student's instruction time in | 37055 |
| non-classroom-based learning opportunities shall be certified by | 37056 |
| an employee of the community school. A student's enrollment shall | 37057 |
| be considered to cease on the date on which any of the following | 37058 |
| occur: | 37059 |
| (a) The community school receives documentation from a parent | 37060 |
| terminating enrollment of the student. | 37061 |
| (b) The community school is provided documentation of a | 37062 |
| student's enrollment in another public or private school. | 37063 |
| (c) The community school ceases to offer learning | 37064 |
| opportunities to the student pursuant to the terms of the contract | 37065 |
| with the sponsor or the operation of any provision of this | 37066 |
| chapter. | 37067 |
| (3) The department shall determine each community school | 37068 |
| student's percentage of full-time equivalency based on the | 37069 |
| percentage of learning opportunities offered by the community | 37070 |
| school to that student, reported either as number of hours or | 37071 |
| number of days, is of the total learning opportunities offered | 37072 |
| by the community school to a student who attends for the school's | 37073 |
| entire school year. However, no internet- or computer-based | 37074 |
| community school shall be credited for any time a student spends | 37075 |
| participating in learning opportunities beyond ten hours within | 37076 |
| any period of twenty-four consecutive hours. Whether it reports | 37077 |
| hours or days of learning opportunities, each community school | 37078 |
| shall offer not less than nine hundred twenty hours of learning | 37079 |
| opportunities during the school year. | 37080 |
| (4) With respect to the calculation of full-time equivalency | 37081 |
| under division (L)(3) of this section, the department shall waive | 37082 |
| the number of hours or days of learning opportunities not offered | 37083 |
| to a student because the community school was closed during the | 37084 |
| school year due to disease epidemic, hazardous weather conditions, | 37085 |
| inoperability of school buses or other equipment necessary to the | 37086 |
| school's operation, damage to a school building, or other | 37087 |
| temporary circumstances due to utility failure rendering the | 37088 |
| school building unfit for school use, so long as the school was | 37089 |
| actually open for instruction with students in attendance during | 37090 |
| that school year for not less than the minimum number of hours | 37091 |
| required by this chapter. The department shall treat the school | 37092 |
| as if it were open for instruction with students in attendance | 37093 |
| during the hours or days waived under this division. | 37094 |
| (M) The department of education shall reduce the amounts paid | 37095 |
| under division (D) of this section to reflect payments made to | 37096 |
| colleges under division (B) of section 3365.07 of the Revised Code | 37097 |
| or through alternative funding agreements entered into under rules | 37098 |
| adopted under section 3365.12 of the Revised Code. | 37099 |
| (N)(1) No student shall be considered enrolled in any | 37100 |
| internet- or computer-based community school or, if applicable to | 37101 |
| the student, in any community school that is required to provide | 37102 |
| the student with a computer pursuant to division (C) of section | 37103 |
| 3314.22 of the Revised Code, unless both of the following | 37104 |
| conditions are satisfied: | 37105 |
| (a) The student possesses or has been provided with all | 37106 |
| required hardware and software materials and all such materials | 37107 |
| are operational so that the student is capable of fully | 37108 |
| participating in the learning opportunities specified in the | 37109 |
| contract between the school and the school's sponsor as required | 37110 |
| by division (A)(23) of section 3314.03 of the Revised Code; | 37111 |
| (b) The school is in compliance with division (A) of section | 37112 |
| 3314.22 of the Revised Code, relative to such student. | 37113 |
| (2) In accordance with policies adopted jointly by the | 37114 |
| superintendent of public instruction and the auditor of state, the | 37115 |
| department shall reduce the amounts otherwise payable under | 37116 |
| division (D) of this section to any community school that includes | 37117 |
| in its program the provision of computer hardware and software | 37118 |
| materials to any student, if such hardware and software materials | 37119 |
| have not been delivered, installed, and activated for each such | 37120 |
| student in a timely manner or other educational materials or | 37121 |
| services have not been provided according to the contract between | 37122 |
| the individual community school and its sponsor. | 37123 |
| The superintendent of public instruction and the auditor of | 37124 |
| state shall jointly establish a method for auditing any community | 37125 |
| school to which this division pertains to ensure compliance with | 37126 |
| this section. | 37127 |
| The superintendent, auditor of state, and the governor shall | 37128 |
| jointly make recommendations to the general assembly for | 37129 |
| legislative changes that may be required to assure fiscal and | 37130 |
| academic accountability for such schools. | 37131 |
| (O)(1) If the department determines that a review of a | 37132 |
| community school's enrollment is necessary, such review shall be | 37133 |
| completed and written notice of the findings shall be provided to | 37134 |
| the governing authority of the community school and its sponsor | 37135 |
| within ninety days of the end of the community school's fiscal | 37136 |
| year, unless extended for a period not to exceed thirty additional | 37137 |
| days for one of the following reasons: | 37138 |
| (a) The department and the community school mutually agree to | 37139 |
| the extension. | 37140 |
| (b) Delays in data submission caused by either a community | 37141 |
| school or its sponsor. | 37142 |
| (2) If the review results in a finding that additional | 37143 |
| funding is owed to the school, such payment shall be made within | 37144 |
| thirty days of the written notice. If the review results in a | 37145 |
| finding that the community school owes moneys to the state, the | 37146 |
| following procedure shall apply: | 37147 |
| (a) Within ten business days of the receipt of the notice of | 37148 |
| findings, the community school may appeal the department's | 37149 |
| determination to the state board of education or its designee. | 37150 |
| (b) The board or its designee shall conduct an informal | 37151 |
| hearing on the matter within thirty days of receipt of such an | 37152 |
| appeal and shall issue a decision within fifteen days of the | 37153 |
| conclusion of the hearing. | 37154 |
| (c) If the board has enlisted a designee to conduct the | 37155 |
| hearing, the designee shall certify its decision to the board. The | 37156 |
| board may accept the decision of the designee or may reject the | 37157 |
| decision of the designee and issue its own decision on the matter. | 37158 |
| (d) Any decision made by the board under this division is | 37159 |
| final. | 37160 |
| (3) If it is decided that the community school owes moneys to | 37161 |
| the state, the department shall deduct such amount from the | 37162 |
| school's future payments in accordance with guidelines issued by | 37163 |
| the superintendent of public instruction. | 37164 |
| | 37165 |
| district's state aid account under division (C) of this section | 37166 |
| and shall not pay to a community school under division (D) of this | 37167 |
| section any amount for any of the following: | 37168 |
| (1) Any student who has graduated from the twelfth grade of a | 37169 |
| public or nonpublic high school; | 37170 |
| (2) Any student who is not a resident of the state; | 37171 |
| (3) Any student who was enrolled in the community school | 37172 |
| during the previous school year when tests were administered under | 37173 |
| section 3301.0711 of the Revised Code but did not take one or more | 37174 |
| of the tests required by that section and was not excused pursuant | 37175 |
| to division (C)(1) or (3) of that section, unless the | 37176 |
| superintendent of public instruction grants the student a waiver | 37177 |
| from the requirement to take the test and a parent is not paying | 37178 |
| tuition for the student pursuant to section 3314.26 of the Revised | 37179 |
| Code. The superintendent may grant a waiver only for good cause in | 37180 |
| accordance with rules adopted by the state board of education. | 37181 |
| (4) Any student who has attained the age of twenty-two years, | 37182 |
| except for veterans of the armed services whose attendance was | 37183 |
| interrupted before completing the recognized twelve-year course of | 37184 |
| the public schools by reason of induction or enlistment in the | 37185 |
| armed forces and who apply for enrollment in a community school | 37186 |
| not later than four years after termination of war or their | 37187 |
| honorable discharge. If, however, any such veteran elects to | 37188 |
| enroll in special courses organized for veterans for whom tuition | 37189 |
| is paid under federal law, or otherwise, the department shall not | 37190 |
| subtract from a school district's state aid account under division | 37191 |
| (C) of this section and shall not pay to a community school under | 37192 |
| division (D) of this section any amount for that veteran. | 37193 |
| Sec. 3314.19. The sponsor of each community school annually | 37194 |
| shall provide the following assurances in writing to the | 37195 |
| department of education not later than ten business days prior to | 37196 |
| the opening of the school: | 37197 |
| (A) That a current copy of the contract between the sponsor | 37198 |
| and the governing authority of the school entered into under | 37199 |
| section 3314.03 of the Revised Code has been filed with the state | 37200 |
| office of community schools established under section 3314.11 of | 37201 |
| the Revised Code and that any subsequent modifications to that | 37202 |
| contract will be filed with the office; | 37203 |
| (B) That the school has submitted to the sponsor a plan for | 37204 |
| providing special education and related services to students with | 37205 |
| disabilities and has demonstrated the capacity to provide those | 37206 |
| services in accordance with Chapter 3323. of the Revised Code and | 37207 |
| federal law; | 37208 |
| (C) That the school has a plan and procedures for | 37209 |
| administering the achievement tests and diagnostic assessments | 37210 |
| prescribed by sections 3301.0710 and 3301.0715 of the Revised | 37211 |
| Code; | 37212 |
| (D) That school personnel have the necessary training, | 37213 |
| knowledge, and resources to properly use and submit information to | 37214 |
| all databases maintained by the department for the collection of | 37215 |
| education data, including the education management information | 37216 |
| system established under section 3301.0714 of the Revised Code in | 37217 |
| accordance with methods and timelines established under section | 37218 |
| 3314.17 of the Revised Code; | 37219 |
| (E) That all required information about the school has been | 37220 |
| submitted to the Ohio education directory system or any successor | 37221 |
| system; | 37222 |
| (F) That the school will enroll at least the minimum number | 37223 |
| of students required by division (A)(11)(a) of section 3314.03 of | 37224 |
| the Revised Code in the school year for which the assurances are | 37225 |
| provided; | 37226 |
| (G) That all classroom teachers are licensed in accordance | 37227 |
| with sections 3319.22 to 3319.31 of the Revised Code, except for | 37228 |
| noncertificated persons engaged to teach up to twelve hours per | 37229 |
| week pursuant to section 3319.301 of the Revised Code; | 37230 |
| (H) That the school's fiscal officer is in compliance with | 37231 |
| section 3314.011 of the Revised Code; | 37232 |
| (I) That the school has complied with sections 3319.39 and | 37233 |
| 3319.391 of the Revised Code with respect to all employees and | 37234 |
| that the school has conducted a criminal records check of each | 37235 |
| of its governing authority members; | 37236 |
| (J) That the school holds all of the following: | 37237 |
| (1) Proof of property ownership or a lease for the facilities | 37238 |
| used by the school; | 37239 |
| (2) A certificate of occupancy; | 37240 |
| (3) Liability insurance for the school, as required by | 37241 |
| division (A)(11)(b) of section 3314.03 of the Revised Code, that | 37242 |
| the sponsor considers sufficient to indemnify the school's | 37243 |
| facilities, staff, and governing authority against risk; | 37244 |
| (4) A satisfactory health and safety inspection; | 37245 |
| (5) A satisfactory fire inspection; | 37246 |
| (6) A valid food permit, if applicable. | 37247 |
| (K) That the sponsor has conducted a pre-opening site visit | 37248 |
| to the school for the school year for which the assurances are | 37249 |
| provided; | 37250 |
| (L) That the school has designated a date it will open for | 37251 |
| the school year for which the assurances are provided that is in | 37252 |
| compliance with division (A)(25) of section 3314.03 of the Revised | 37253 |
| Code; | 37254 |
| (M) That the school has met all of the sponsor's requirements | 37255 |
| for opening and any other requirements of the sponsor. | 37256 |
| Sec. 3314.26. (A) Each internet- or computer-based community | 37257 |
| school shall withdraw from the school any student who, for two | 37258 |
| consecutive school years, has failed to participate in the spring | 37259 |
| administration of any test prescribed under section 3301.0710 or | 37260 |
| 3301.0712 of the Revised Code for the student's grade level and | 37261 |
| was not excused from the test pursuant to division (C)(1) or (3) | 37262 |
| of section 3301.0711 of the Revised Code, regardless of whether | 37263 |
|
a
waiver was granted for the student
under
division | 37264 |
| of section 3314.08 of the Revised Code. The school shall report | 37265 |
| any such student's data verification code, as assigned pursuant | 37266 |
| to section 3301.0714 of the Revised Code, to the department of | 37267 |
| education. The department shall maintain a list of all data | 37268 |
| verification codes reported under this division and section | 37269 |
| 3313.6410 of the Revised Code and provide that list to each | 37270 |
| internet- or computer-based community school and to each school | 37271 |
| to which section 3313.6410 of the Revised Code applies. | 37272 |
| (B) No internet- or computer-based community school shall | 37273 |
| receive any state funds under this chapter for any enrolled | 37274 |
| student whose data verification code appears on the list | 37275 |
| maintained by the department under division (A) of this section. | 37276 |
| Notwithstanding any provision of the Revised Code to the | 37277 |
| contrary, the parent of any such student shall pay tuition to the | 37278 |
| internet- or computer-based community school in an amount equal to | 37279 |
| the state funds the school otherwise would receive for that | 37280 |
| student, as determined by the department. An internet- or | 37281 |
| computer-based community school may withdraw any student for whom | 37282 |
| the parent does not pay tuition as required by this division. | 37283 |
| Sec. 3314.35. (A)(1) Except as provided in division (A)(2) | 37284 |
| of this section, this section applies to any community school | 37285 |
| that meets one of the following criteria after July 1, 2008: | 37286 |
| (a) The school does not offer a grade level higher than three | 37287 |
| and has been declared to be in a state of academic emergency under | 37288 |
| section 3302.03 of the Revised Code for four consecutive school | 37289 |
| years. | 37290 |
| (b) The school satisfies all of the following conditions: | 37291 |
| (i) The school offers any of grade levels four to eight but | 37292 |
| does not offer a grade level higher than nine. | 37293 |
| (ii) The school has been declared to be in a state of | 37294 |
| academic emergency under section 3302.03 of the Revised Code for | 37295 |
| three consecutive school years. | 37296 |
| (iii) For two of those school years, the school showed less | 37297 |
| than one standard year of academic growth in either reading or | 37298 |
| mathematics, as determined by the department of education in | 37299 |
| accordance with rules adopted under division (A) of section | 37300 |
| 3302.021 of the Revised Code. | 37301 |
| (c) The school satisfies all of the following conditions: | 37302 |
| (i) The school offers any of grade levels ten to twelve. | 37303 |
| (ii) The school has been declared to be in a state of | 37304 |
| academic emergency under section 3302.03 of the Revised Code for | 37305 |
| three consecutive school years. | 37306 |
| (iii) For two of those school years, the school showed less | 37307 |
| than two standard years of academic growth in either reading or | 37308 |
| mathematics, as determined by the department in accordance with | 37309 |
| rules adopted under division (A) of section 3302.021 of the | 37310 |
| Revised Code. | 37311 |
| (2)
This section does not apply to | 37312 |
| following: | 37313 |
| (a) Any community school in which a majority of the students | 37314 |
| are enrolled in a dropout prevention and recovery program that is | 37315 |
| operated by the school and that has been granted a waiver under | 37316 |
| section 3314.36 of the Revised Code; | 37317 |
| (b) Any community school in which a majority of the enrolled | 37318 |
| students are children with disabilities receiving special | 37319 |
| education and related services in accordance with Chapter 3323. of | 37320 |
| the Revised Code. | 37321 |
| (B) Any community school to which this section applies shall | 37322 |
| permanently close at the conclusion of the school year in which | 37323 |
| the school first becomes subject to this section. The sponsor and | 37324 |
| governing authority of the school shall comply with all procedures | 37325 |
| for closing a community school adopted by the department under | 37326 |
| division (E) of section 3314.015 of the Revised Code. The | 37327 |
| governing authority of the school shall not enter into a contract | 37328 |
| with any other sponsor under section 3314.03 of the Revised Code | 37329 |
| after the school closes. | 37330 |
| (C) Not later than July 1, 2008, the department shall | 37331 |
| determine the feasibility of using the value-added progress | 37332 |
| dimension, as defined in section 3302.01 of the Revised Code, as a | 37333 |
| factor in evaluating the academic performance of community schools | 37334 |
| described in division (A)(1)(c)(i) of this section. | 37335 |
| Notwithstanding divisions (A)(1)(c)(ii) and (iii) of this section, | 37336 |
| if the department determines that using the value-added progress | 37337 |
| dimension to evaluate community schools described in division | 37338 |
| (A)(1)(c)(i) of this section is not feasible, a community school | 37339 |
| described in that division shall be required to permanently close | 37340 |
| under this section only if it has been declared to be in a state | 37341 |
| of academic emergency under section 3302.03 of the Revised Code | 37342 |
| for four consecutive school years. | 37343 |
| Sec. 3314.44. (A) If a community school established under | 37344 |
| this chapter closes for any reason, the chief administrative | 37345 |
| officer of the school at the time the school closes shall in good | 37346 |
| faith take all reasonable steps necessary to collect and assemble | 37347 |
| in an orderly manner the educational records of each student who | 37348 |
| is or has been enrolled in the school so that those records may be | 37349 |
| transmitted in accordance with this division. The chief | 37350 |
| administrative officer shall transmit the records within seven | 37351 |
| business days of the school closing to the student's school | 37352 |
| district of residence. | 37353 |
| (B) No person required to collect, assemble, and transmit | 37354 |
| student records under division (A) of this section shall fail to | 37355 |
| comply with that division. | 37356 |
| (C) Whoever violates division (B) of this section is guilty | 37357 |
| of a misdemeanor in the third degree. | 37358 |
| Sec. 3315.37. The board of education of a school district | 37359 |
| may establish a teacher education loan program and may expend | 37360 |
| school funds for the program. The program shall be for the purpose | 37361 |
| of making loans to students who are residents of the school | 37362 |
| district or graduates of schools in the school district, who are | 37363 |
| enrolled in teacher preparation programs at institutions approved | 37364 |
|
by the | 37365 |
|
pursuant to section | 37366 |
| indicate an intent to teach in the school district providing the | 37367 |
| loan. The district board may forgive the obligation to repay any | 37368 |
| or all of the principal and interest on the loan if the borrower | 37369 |
| teaches in that school district. | 37370 |
| The district board shall adopt rules establishing eligibility | 37371 |
| criteria, application procedures, procedures for review of | 37372 |
| applications, loan amounts, interest, repayment schedules, | 37373 |
| conditions under which principal and interest obligations incurred | 37374 |
| under the program will be forgiven, and any other matter | 37375 |
| incidental to the operation of the program. | 37376 |
| The board may contract with a private, nonprofit foundation, | 37377 |
| one or more institutions of higher education, or other educational | 37378 |
| agencies to administer the program. | 37379 |
| The receipt of a loan under this section does not affect a | 37380 |
| student's eligibility for assistance, or the amount of such | 37381 |
| assistance, granted under section 3315.33, 3333.12, 3333.122, | 37382 |
|
3333.22,
3333.26, | 37383 |
| Code, but the board's rules may provide for taking such assistance | 37384 |
| into consideration when determining a student's eligibility for a | 37385 |
| loan under this section. | 37386 |
| Sec. 3317.01. As used in this section and section 3317.011 | 37387 |
| of the Revised Code, "school district," unless otherwise | 37388 |
| specified, means any city, local, exempted village, joint | 37389 |
| vocational, or cooperative education school district and any | 37390 |
| educational service center. | 37391 |
| This chapter shall be administered by the state board of | 37392 |
| education. The superintendent of public instruction shall | 37393 |
| calculate the amounts payable to each school district and shall | 37394 |
| certify the amounts payable to each eligible district to the | 37395 |
| treasurer of the district as provided by this chapter. As soon as | 37396 |
| possible after such amounts are calculated, the superintendent | 37397 |
| shall certify to the treasurer of each school district the | 37398 |
| district's adjusted charge-off increase, as defined in section | 37399 |
| 5705.211 of the Revised Code. No moneys shall be distributed | 37400 |
| pursuant to this chapter without the approval of the controlling | 37401 |
| board. | 37402 |
| The state board of education shall, in accordance with | 37403 |
| appropriations made by the general assembly, meet the financial | 37404 |
| obligations of this chapter. | 37405 |
| Annually, the department of education shall calculate and | 37406 |
| report to each school district the district's total state and | 37407 |
| local funds for providing an adequate basic education to the | 37408 |
| district's nondisabled students, utilizing the determination in | 37409 |
| section 3317.012 of the Revised Code. In addition, the department | 37410 |
| shall calculate and report separately for each school district | 37411 |
| the district's total state and local funds for providing an | 37412 |
| adequate education for its students with disabilities, utilizing | 37413 |
| the determinations in both sections 3317.012 and 3317.013 of the | 37414 |
| Revised Code. | 37415 |
| Not later than the thirty-first day of August of each fiscal | 37416 |
| year, the department of education shall provide to each school | 37417 |
| district and county MR/DD board a preliminary estimate of the | 37418 |
| amount of funding that the department calculates the district will | 37419 |
| receive under each of divisions (C)(1) and (4) of section 3317.022 | 37420 |
| of the Revised Code. No later than the first day of December of | 37421 |
| each fiscal year, the department shall update that preliminary | 37422 |
| estimate. | 37423 |
| Moneys distributed pursuant to this chapter shall be | 37424 |
| calculated and paid on a fiscal year basis, beginning with the | 37425 |
| first day of July and extending through the thirtieth day of June. | 37426 |
| The moneys appropriated for each fiscal year shall be distributed | 37427 |
| at least monthly to each school district unless otherwise provided | 37428 |
| for. The state board shall submit a yearly distribution plan to | 37429 |
| the controlling board at its first meeting in July. The state | 37430 |
| board shall submit any proposed midyear revision of the plan to | 37431 |
| the controlling board in January. Any year-end revision of the | 37432 |
| plan shall be submitted to the controlling board in June. If | 37433 |
| moneys appropriated for each fiscal year are distributed other | 37434 |
| than monthly, such distribution shall be on the same basis for | 37435 |
| each school district. | 37436 |
| The total amounts paid each month shall constitute, as nearly | 37437 |
| as possible, one-twelfth of the total amount payable for the | 37438 |
| entire year. | 37439 |
| Until fiscal year 2007, payments made during the first six | 37440 |
| months of the fiscal year may be based on an estimate of the | 37441 |
| amounts payable for the entire year. Payments made in the last | 37442 |
| six months shall be based on the final calculation of the amounts | 37443 |
| payable to each school district for that fiscal year. Payments | 37444 |
| made in the last six months may be adjusted, if necessary, to | 37445 |
| correct the amounts distributed in the first six months, and to | 37446 |
| reflect enrollment increases when such are at least three per | 37447 |
| cent. | 37448 |
| Beginning in fiscal year 2007, payments shall be calculated | 37449 |
| to reflect the biannual reporting of average daily membership. In | 37450 |
| fiscal year 2007 and in each fiscal year thereafter, annualized | 37451 |
| periodic payments for each school district shall be based on the | 37452 |
| district's final student counts verified by the superintendent of | 37453 |
| public instruction based on reports under section 3317.03 of the | 37454 |
| Revised Code, as adjusted, if so ordered, under division (K) of | 37455 |
| that section, as follows: | 37456 |
| 37457 | |
| 37458 | |
| 37459 | |
| 37460 | |
| 37461 | |
| Except as otherwise provided, payments under this chapter | 37462 |
| shall be made only to those school districts in which: | 37463 |
| (A) The school district, except for any educational service | 37464 |
| center and any joint vocational or cooperative education school | 37465 |
| district, levies for current operating expenses at least twenty | 37466 |
| mills. Levies for joint vocational or cooperative education | 37467 |
| school districts or county school financing districts, limited to | 37468 |
| or to the extent apportioned to current expenses, shall be | 37469 |
| included in this qualification requirement. School district income | 37470 |
| tax levies under Chapter 5748. of the Revised Code, limited to or | 37471 |
| to the extent apportioned to current operating expenses, shall be | 37472 |
| included in this qualification requirement to the extent | 37473 |
| determined by the tax commissioner under division (D) of section | 37474 |
| 3317.021 of the Revised Code. | 37475 |
| (B) The school year next preceding the fiscal year for which | 37476 |
| such payments are authorized meets the requirement of section | 37477 |
| 3313.48 or 3313.481 of the Revised Code, with regard to the | 37478 |
| minimum number of days or hours school must be open for | 37479 |
| instruction with pupils in attendance, for individualized | 37480 |
| parent-teacher conference and reporting periods, and for | 37481 |
| professional meetings of teachers. This requirement shall be | 37482 |
| waived by the superintendent of public instruction if it had been | 37483 |
| necessary for a school to be closed because of disease epidemic, | 37484 |
| hazardous weather conditions, inoperability of school buses or | 37485 |
| other equipment necessary to the school's operation, damage to a | 37486 |
| school building, or other temporary circumstances due to utility | 37487 |
| failure rendering the school building unfit for school use, | 37488 |
| provided that for those school districts operating pursuant to | 37489 |
| section 3313.48 of the Revised Code the number of days the school | 37490 |
| was actually open for instruction with pupils in attendance and | 37491 |
| for individualized parent-teacher conference and reporting periods | 37492 |
| is not less than one hundred seventy-five, or for those school | 37493 |
| districts operating on a trimester plan the number of days the | 37494 |
| school was actually open for instruction with pupils in attendance | 37495 |
| not less than seventy-nine days in any trimester, for those school | 37496 |
| districts operating on a quarterly plan the number of days the | 37497 |
| school was actually open for instruction with pupils in attendance | 37498 |
| not less than fifty-nine days in any quarter, or for those school | 37499 |
| districts operating on a pentamester plan the number of days the | 37500 |
| school was actually open for instruction with pupils in | 37501 |
| attendance not less than forty-four days in any pentamester. | 37502 |
| A school district shall not be considered to have failed to | 37503 |
| comply with this division or section 3313.481 of the Revised Code | 37504 |
| because schools were open for instruction but either twelfth grade | 37505 |
| students were excused from attendance for up to three days or only | 37506 |
| a portion of the kindergarten students were in attendance for up | 37507 |
| to three days in order to allow for the gradual orientation to | 37508 |
| school of such students. | 37509 |
| The superintendent of public instruction shall waive the | 37510 |
| requirements of this section with reference to the minimum number | 37511 |
| of days or hours school must be in session with pupils in | 37512 |
| attendance for the school year succeeding the school year in which | 37513 |
| a board of education initiates a plan of operation pursuant to | 37514 |
| section 3313.481 of the Revised Code. The minimum requirements of | 37515 |
| this section shall again be applicable to such a district | 37516 |
| beginning with the school year commencing the second July | 37517 |
| succeeding the initiation of one such plan, and for each school | 37518 |
| year thereafter. | 37519 |
| A school district shall not be considered to have failed to | 37520 |
| comply with this division or section 3313.48 or 3313.481 of the | 37521 |
| Revised Code because schools were open for instruction but the | 37522 |
| length of the regularly scheduled school day, for any number of | 37523 |
| days during the school year, was reduced by not more than two | 37524 |
| hours due to hazardous weather conditions. | 37525 |
| (C) The school district has on file, and is paying in | 37526 |
| accordance with, a teachers' salary schedule which complies with | 37527 |
| section 3317.13 of the Revised Code. | 37528 |
| A board of education or governing board of an educational | 37529 |
| service center which has not conformed with other law and the | 37530 |
| rules pursuant thereto, shall not participate in the distribution | 37531 |
| of funds authorized by sections 3317.022 to 3317.0211, 3317.11, | 37532 |
| 3317.16, 3317.17, and 3317.19 of the Revised Code, except for good | 37533 |
| and sufficient reason established to the satisfaction of the state | 37534 |
| board of education and the state controlling board. | 37535 |
| All funds allocated to school districts under this chapter, | 37536 |
| except those specifically allocated for other purposes, shall be | 37537 |
| used to pay current operating expenses only. | 37538 |
| Sec. 3317.013. Except for a preschool child with a | 37539 |
| disability for whom a scholarship has been awarded under section | 37540 |
| 3310.41 of the Revised Code, this section does not apply to | 37541 |
| preschool children with disabilities. | 37542 |
| Analysis of special education cost data has resulted in a | 37543 |
| finding that the average special education additional cost per | 37544 |
| pupil, including the costs of related services, can be expressed | 37545 |
| as a multiple of the base cost per pupil calculated under section | 37546 |
| 3317.012 of the Revised Code. The multiples for the following | 37547 |
| categories of special education programs, as these programs are | 37548 |
| defined for purposes of Chapter 3323. of the Revised Code, and | 37549 |
| adjusted as provided in this section, are as follows: | 37550 |
| (A) A multiple of 0.2892 for students whose primary or only | 37551 |
| identified disability is a speech and language disability, as | 37552 |
| this term is defined pursuant to Chapter 3323. of the Revised | 37553 |
| Code; | 37554 |
| (B) A multiple of 0.3691 for students identified as specific | 37555 |
| learning disabled or developmentally disabled, as these terms are | 37556 |
| defined pursuant to Chapter 3323. of the Revised Code, or as | 37557 |
| having an other health impairment-minor; | 37558 |
| (C) A multiple of 1.7695 for students identified as hearing | 37559 |
| disabled, vision impaired, or severe behavior disabled, as these | 37560 |
| terms are defined pursuant to Chapter 3323. of the Revised Code; | 37561 |
| (D) A multiple of 2.3646 for students identified as | 37562 |
| orthopedically disabled, as this term is defined pursuant to | 37563 |
| Chapter 3323. of the Revised Code or as having an other health | 37564 |
| impairment-major; | 37565 |
| (E) A multiple of 3.1129 for students identified as having | 37566 |
| multiple disabilities, as this term is defined pursuant to | 37567 |
| Chapter 3323. of the Revised Code; | 37568 |
| (F) A multiple of 4.7342 for students identified as autistic, | 37569 |
| having traumatic brain injuries, or as both visually and hearing | 37570 |
| impaired, as these terms are defined pursuant to Chapter 3323. of | 37571 |
| the Revised Code. | 37572 |
| In fiscal years 2008 | 37573 |
| specified in divisions (A) to (F) of this section shall be | 37574 |
| adjusted by multiplying them by 0.90. | 37575 |
| Not later than the thirtieth day of December in 2007, 2008, | 37576 |
| and 2009, the department of education shall submit to the office | 37577 |
| of budget and management a report that specifies for each city, | 37578 |
| local, exempted village, and joint vocational school district the | 37579 |
| fiscal year allocation of the state and local shares of special | 37580 |
| education and related services additional weighted funding and | 37581 |
| federal special education funds passed through to the district. | 37582 |
| Sec. 3317.02. As used in this chapter: | 37583 |
| (A) Unless otherwise specified, "school district" means city, | 37584 |
| local, and exempted village school districts. | 37585 |
| (B)
| 37586 |
| amount" means the base cost for the fiscal year specified in | 37587 |
| division (B)(4) of section 3317.012 of the Revised Code. "Formula | 37588 |
| amount," for fiscal year 2010, is $5,746 and, for fiscal year | 37589 |
| 2011, is $5,775. | 37590 |
| (C) "FTE basis" means a count of students based on full-time | 37591 |
| equivalency, in accordance with rules adopted by the department of | 37592 |
| education pursuant to section 3317.03 of the Revised Code. In | 37593 |
| adopting its rules under this division, the department shall | 37594 |
| provide for counting any student in category one, two, three, | 37595 |
| four, five, or six special education ADM or in category one or two | 37596 |
| vocational education ADM in the same proportion the student is | 37597 |
| counted in formula ADM. | 37598 |
| (D) "Formula ADM" means, for a city, local, or exempted | 37599 |
| village school district, the final number verified by the | 37600 |
| superintendent of public instruction, based on the number reported | 37601 |
| pursuant to division (A) of section 3317.03 of the Revised Code, | 37602 |
| as adjusted, if so ordered, under division (K) of that section. | 37603 |
| "Formula ADM" means, for a joint vocational school district, the | 37604 |
| final number verified by the superintendent of public | 37605 |
| instruction, based on the number reported pursuant to division (D) | 37606 |
| of section 3317.03 of the Revised Code, as adjusted, if so | 37607 |
| ordered, under division (K) of that section. Beginning in fiscal | 37608 |
| year 2007, for payments in which formula ADM is a factor, the | 37609 |
| formula ADM for each school district for the fiscal year is the | 37610 |
| sum of one-half of the number verified and adjusted for October | 37611 |
| of that fiscal year plus one-half of the average of the numbers | 37612 |
| verified and adjusted for October and February of that fiscal | 37613 |
| year. | 37614 |
| (E) "Three-year average formula ADM" means the average of | 37615 |
| formula ADMs for the preceding three fiscal years. | 37616 |
| (F)(1) "Category one special education ADM" means the average | 37617 |
| daily membership of children with disabilities receiving special | 37618 |
| education services for the disability specified in division (A) | 37619 |
| of section 3317.013 of the Revised Code and reported under | 37620 |
| division (B)(5) or (D)(2)(b) of section 3317.03 of the Revised | 37621 |
| Code. Beginning in fiscal year 2007, the district's category one | 37622 |
| special education ADM for a fiscal year is the sum of one-half of | 37623 |
| the number reported for October of that fiscal year plus one-half | 37624 |
| of the average of the numbers reported for October and February | 37625 |
| of that fiscal year. | 37626 |
| (2) "Category two special education ADM" means the average | 37627 |
| daily membership of children with disabilities receiving special | 37628 |
| education services for those disabilities specified in division | 37629 |
| (B) of section 3317.013 of the Revised Code and reported under | 37630 |
| division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised | 37631 |
| Code. Beginning in fiscal year 2007, the district's category two | 37632 |
| special education ADM for a fiscal year is the sum of one-half of | 37633 |
| the number reported for October of that fiscal year plus one-half | 37634 |
| of the average of the numbers reported for October and February | 37635 |
| of that fiscal year. | 37636 |
| (3) "Category three special education ADM" means the average | 37637 |
| daily membership of students receiving special education services | 37638 |
| for those disabilities specified in division (C) of section | 37639 |
| 3317.013 of the Revised Code, and reported under division (B)(7) | 37640 |
| or (D)(2)(d) of section 3317.03 of the Revised Code. Beginning in | 37641 |
| fiscal year 2007, the district's category three special education | 37642 |
| ADM for a fiscal year is the sum of one-half of the number | 37643 |
| reported for October of that fiscal year plus one-half of the | 37644 |
| average of the numbers reported for October and February of that | 37645 |
| fiscal year. | 37646 |
| (4) "Category four special education ADM" means the average | 37647 |
| daily membership of students receiving special education services | 37648 |
| for those disabilities specified in division (D) of section | 37649 |
| 3317.013 of the Revised Code and reported under division (B)(8) | 37650 |
| or (D)(2)(e) of section 3317.03 of the Revised Code. Beginning in | 37651 |
| fiscal year 2007, the district's category four special education | 37652 |
| ADM for a fiscal year is the sum of one-half of the number | 37653 |
| reported for October of that fiscal year plus one-half of the | 37654 |
| average of the numbers reported for October and February of that | 37655 |
| fiscal year. | 37656 |
| (5) "Category five special education ADM" means the average | 37657 |
| daily membership of students receiving special education services | 37658 |
| for the disabilities specified in division (E) of section | 37659 |
| 3317.013 of the Revised Code and reported under division (B)(9) or | 37660 |
| (D)(2)(f) of section 3317.03 of the Revised Code. Beginning in | 37661 |
| fiscal year 2007, the district's category five special education | 37662 |
| ADM for a fiscal year is the sum of one-half of the number | 37663 |
| reported for October of that fiscal year plus one-half of the | 37664 |
| average of the numbers reported for October and February of that | 37665 |
| fiscal year. | 37666 |
| (6) "Category six special education ADM" means the average | 37667 |
| daily membership of students receiving special education services | 37668 |
| for the disabilities specified in division (F) of section | 37669 |
| 3317.013 of the Revised Code and reported under division (B)(10) | 37670 |
| or (D)(2)(g) of section 3317.03 of the Revised Code. Beginning in | 37671 |
| fiscal year 2007, the district's category six special education | 37672 |
| ADM for a fiscal year is the sum of one-half of the number | 37673 |
| reported for October of that fiscal year plus one-half of the | 37674 |
| average of the numbers reported for October and February of that | 37675 |
| fiscal year. | 37676 |
| (7) "Category one vocational education ADM" means the average | 37677 |
| daily membership of students receiving vocational education | 37678 |
| services described in division (A) of section 3317.014 of the | 37679 |
| Revised Code and reported under division (B)(11) or (D)(2)(h) of | 37680 |
| section 3317.03 of the Revised Code. Beginning in fiscal year | 37681 |
| 2007, the district's category one vocational education ADM for a | 37682 |
| fiscal year is the sum of one-half of the number reported for | 37683 |
| October of that fiscal year plus one-half of the average of the | 37684 |
| numbers reported for October and February of that fiscal year. | 37685 |
| (8) "Category two vocational education ADM" means the average | 37686 |
| daily membership of students receiving vocational education | 37687 |
| services described in division (B) of section 3317.014 of the | 37688 |
| Revised Code and reported under division (B)(12) or (D)(2)(i) of | 37689 |
| section 3317.03 of the Revised Code. Beginning in fiscal year | 37690 |
| 2007, the district's category two vocational education ADM for a | 37691 |
| fiscal year is the sum of one-half of the number reported for | 37692 |
| October of that fiscal year plus one-half of the average of the | 37693 |
| numbers reported for October and February of that fiscal year. | 37694 |
| (G) "Preschool child with a disability" means a child with | 37695 |
| a disability, as defined in section 3323.01 of the Revised Code, | 37696 |
| who is at least age three but is not of compulsory school age, as | 37697 |
| defined in section 3321.01 of the Revised Code, and who is not | 37698 |
| currently enrolled in kindergarten. | 37699 |
| (H) "County MR/DD board" means a county board of mental | 37700 |
| retardation and developmental disabilities. | 37701 |
| (I) "Recognized valuation" means the amount calculated for a | 37702 |
| school district pursuant to section 3317.015 of the Revised Code. | 37703 |
| (J) "Transportation ADM" means the number of children | 37704 |
| reported under division (B)(13) of section 3317.03 of the Revised | 37705 |
| Code. | 37706 |
| (K) "Average efficient transportation use cost per student" | 37707 |
| means a statistical representation of transportation costs as | 37708 |
| calculated under division (D)(2) of section 3317.022 of the | 37709 |
| Revised Code. | 37710 |
| (L) "Taxes charged and payable" means the taxes charged and | 37711 |
| payable against real and public utility property after making the | 37712 |
| reduction required by section 319.301 of the Revised Code, plus | 37713 |
| the taxes levied against tangible personal property. | 37714 |
| (M) "Total taxable value" means the sum of the amounts | 37715 |
| certified for a city, local, exempted village, or joint vocational | 37716 |
| school district under divisions (A)(1) and (2) of section 3317.021 | 37717 |
| of the Revised Code. | 37718 |
| (N) "Tax exempt value" of a school district means the amount | 37719 |
| certified for a school district under division (A)(4) of section | 37720 |
| 3317.021 of the Revised Code. | 37721 |
| (O) "Potential value" of a school district means the | 37722 |
| recognized valuation of a school district plus the tax exempt | 37723 |
| value of the district. | 37724 |
| (P) "District median income" means the median Ohio adjusted | 37725 |
| gross income certified for a school district. On or before the | 37726 |
| first day of July of each year, the tax commissioner shall | 37727 |
| certify to the department of education and the office of budget | 37728 |
| and management for each city, exempted village, and local school | 37729 |
| district the median Ohio adjusted gross income of the residents | 37730 |
| of the school district determined on the basis of tax returns | 37731 |
| filed for the second preceding tax year by the residents of the | 37732 |
| district. | 37733 |
| (Q) "Statewide median income" means the median district | 37734 |
| median income of all city, exempted village, and local school | 37735 |
| districts in the state. | 37736 |
| (R) "Income factor" for a city, exempted village, or local | 37737 |
| school district means the quotient obtained by dividing that | 37738 |
| district's median income by the statewide median income. | 37739 |
| (S) "Medically fragile child" means a child to whom all of | 37740 |
| the following apply: | 37741 |
| (1) The child requires the services of a doctor of medicine | 37742 |
| or osteopathic medicine at least once a week due to the | 37743 |
| instability of the child's medical condition. | 37744 |
| (2) The child requires the services of a registered nurse on | 37745 |
| a daily basis. | 37746 |
| (3) The child is at risk of institutionalization in a | 37747 |
| hospital, skilled nursing facility, or intermediate care facility | 37748 |
| for the mentally retarded. | 37749 |
| (T) A child may be identified as having an "other health | 37750 |
| impairment-major" if the child's condition meets the definition | 37751 |
| of "other health impaired" established in rules adopted by the | 37752 |
| state board of education prior to July 1, 2001, and if either of | 37753 |
| the following apply: | 37754 |
| (1) The child is identified as having a medical condition | 37755 |
| that is among those listed by the superintendent of public | 37756 |
| instruction as conditions where a substantial majority of cases | 37757 |
| fall within the definition of "medically fragile child." The | 37758 |
| superintendent of public instruction shall issue an initial list | 37759 |
| no later than September 1, 2001. | 37760 |
| (2) The child is determined by the superintendent of public | 37761 |
| instruction to be a medically fragile child. A school district | 37762 |
| superintendent may petition the superintendent of public | 37763 |
| instruction for a determination that a child is a medically | 37764 |
| fragile child. | 37765 |
| (U) A child may be identified as having an "other health | 37766 |
| impairment-minor" if the child's condition meets the definition | 37767 |
| of "other health impaired" established in rules adopted by the | 37768 |
| state board of education prior to July 1, 2001, but the child's | 37769 |
| condition does not meet either of the conditions specified in | 37770 |
| division (T)(1) or (2) of this section. | 37771 |
| (V) "State education aid" has the same meaning as in section | 37772 |
| 5751.20 of the Revised Code. | 37773 |
| (W) "Property exemption value" means zero in fiscal year | 37774 |
| 2006, and in fiscal year 2007 and each fiscal year thereafter, the | 37775 |
| amount certified for a school district under divisions (A)(6) and | 37776 |
| (7) of section 3317.021 of the Revised Code. | 37777 |
| (X) "Internet- or computer-based community school" has the | 37778 |
| same meaning as in section 3314.02 of the Revised Code. | 37779 |
| Sec. 3317.021. (A) On or before the first day of June of | 37780 |
| each year, the tax commissioner shall certify to the department | 37781 |
| of education and the office of budget and management the | 37782 |
|
information
described in
divisions (A)(1) to | 37783 |
| section for each city, exempted village, and local school | 37784 |
| district, and the information required by divisions (A)(1) and | 37785 |
| (2) of this section for each joint vocational school district, | 37786 |
| and it shall be used, along with the information certified under | 37787 |
| division (B) of this section, in making the computations for the | 37788 |
|
district under
| 37789 |
| 37790 |
| (1) The taxable value of real and public utility real | 37791 |
| property in the school district subject to taxation in the | 37792 |
| preceding tax year, by class and by county of location. | 37793 |
| (2) The taxable value of tangible personal property, | 37794 |
| including public utility personal property, subject to taxation by | 37795 |
| the district for the preceding tax year. | 37796 |
| (3)(a) The total property tax rate and total taxes charged | 37797 |
| and payable for the current expenses for the preceding tax year | 37798 |
| and the total property tax rate and the total taxes charged and | 37799 |
| payable to a joint vocational district for the preceding tax year | 37800 |
| that are limited to or to the extent apportioned to current | 37801 |
| expenses. | 37802 |
| (b) The portion of the amount of taxes charged and payable | 37803 |
| reported for each city, local, and exempted village school | 37804 |
| district under division (A)(3)(a) of this section attributable to | 37805 |
| a joint vocational school district. | 37806 |
| (4) The value of all real and public utility real property | 37807 |
| in the school district exempted from taxation minus both of the | 37808 |
| following: | 37809 |
| (a) The value of real and public utility real property in the | 37810 |
| district owned by the United States government and used | 37811 |
| exclusively for a public purpose; | 37812 |
| (b) The value of real and public utility real property in the | 37813 |
| district exempted from taxation under Chapter 725. or 1728. or | 37814 |
| section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632, | 37815 |
| 5709.73, or 5709.78 of the Revised Code. | 37816 |
| (5) The total federal adjusted gross income of the residents | 37817 |
| of the school district, based on tax returns filed by the | 37818 |
| residents of the district, for the most recent year for which this | 37819 |
| information is available. | 37820 |
| (6) The sum of the school district compensation value as | 37821 |
| indicated on the list of exempted property for the preceding tax | 37822 |
| year under section 5713.08 of the Revised Code as if such property | 37823 |
| had been assessed for taxation that year and the other | 37824 |
| compensation value for the school district, minus the amounts | 37825 |
| described in divisions (A)(6)(c) to (i) of this section. The | 37826 |
| portion of school district compensation value or other | 37827 |
| compensation value attributable to an incentive district exemption | 37828 |
| may be subtracted only once even if that incentive district | 37829 |
| satisfies more than one of the criteria in divisions (A)(6)(c) to | 37830 |
| (i) of this section. | 37831 |
| (a) "School district compensation value" means the aggregate | 37832 |
| value of real property in the school district exempted from | 37833 |
| taxation pursuant to an ordinance or resolution adopted under | 37834 |
| division (C) of section 5709.40, division (C) of section 5709.73, | 37835 |
| or division (B) of section 5709.78 of the Revised Code to the | 37836 |
| extent that the exempted value results in the charging of payments | 37837 |
| in lieu of taxes required to be paid to the school district under | 37838 |
| division (D)(1) or (2) of section 5709.40, division (D) of section | 37839 |
| 5709.73, or division (C) of section 5709.78 of the Revised Code. | 37840 |
| (b) "Other compensation value" means the quotient that | 37841 |
| results from dividing (i) the dollar value of compensation | 37842 |
| received by the school district during the preceding tax year | 37843 |
| pursuant to division (B), (C), or (D) of section 5709.82 of the | 37844 |
| Revised Code and the amounts received pursuant to an agreement as | 37845 |
| specified in division (D)(2) of section 5709.40, division (D) of | 37846 |
| section 5709.73, or division (C) of section 5709.78 of the Revised | 37847 |
| Code to the extent those amounts were not previously reported or | 37848 |
| included in division (A)(6)(a) of this section, and so that any | 37849 |
| such amount is reported only once under division (A)(6)(b) of this | 37850 |
| section, in relation to exemptions from taxation granted pursuant | 37851 |
| to an ordinance or resolution adopted under division (C) of | 37852 |
| section 5709.40, division (C) of section 5709.73, or division (B) | 37853 |
| of section 5709.78 of the Revised Code, by (ii) the real property | 37854 |
| tax rate in effect for the preceding tax year for | 37855 |
| nonresidential/agricultural real property after making the | 37856 |
| reductions required by section 319.301 of the Revised Code. | 37857 |
| (c) The portion of school district compensation value or | 37858 |
| other compensation value that was exempted from taxation pursuant | 37859 |
| to such an ordinance or resolution for the preceding tax year, if | 37860 |
| the ordinance or resolution is adopted prior to January 1, 2006, | 37861 |
| and the legislative authority or board of township trustees or | 37862 |
| county commissioners, prior to January 1, 2006, executes a | 37863 |
| contract or agreement with a developer, whether for-profit or | 37864 |
| not-for-profit, with respect to the development of a project | 37865 |
| undertaken or to be undertaken and identified in the ordinance or | 37866 |
| resolution, and upon which parcels such project is being, or will | 37867 |
| be, undertaken; | 37868 |
| (d) The portion of school district compensation value that | 37869 |
| was exempted from taxation for the preceding tax year and for | 37870 |
| which payments in lieu of taxes for the preceding tax year were | 37871 |
| provided to the school district under division (D)(1) of section | 37872 |
| 5709.40 of the Revised Code. | 37873 |
| (e) The portion of school district compensation value that | 37874 |
| was exempted from taxation for the preceding tax year pursuant to | 37875 |
| such an ordinance or resolution, if and to the extent that, on or | 37876 |
| before April 1, 2006, the fiscal officer of the municipal | 37877 |
| corporation that adopted the ordinance, or of the township or | 37878 |
| county that adopted the resolution, certifies and provides | 37879 |
| appropriate supporting documentation to the tax commissioner and | 37880 |
| the director of development that, based on hold-harmless | 37881 |
| provisions in any agreement between the school district and the | 37882 |
| legislative authority of the municipal corporation, board of | 37883 |
| township trustees, or board of county commissioners that was | 37884 |
| entered into on or before June 1, 2005, the ability or obligation | 37885 |
| of the municipal corporation, township, or county to repay bonds, | 37886 |
| notes, or other financial obligations issued or entered into prior | 37887 |
| to January 1, 2006, will be impaired, including obligations to or | 37888 |
| of any other body corporate and politic with whom the legislative | 37889 |
| authority of the municipal corporation or board of township | 37890 |
| trustees or county commissioners has entered into an agreement | 37891 |
| pertaining to the use of service payments derived from the | 37892 |
| improvements exempted; | 37893 |
| (f) The portion of school district compensation value that | 37894 |
| was exempted from taxation for the preceding tax year pursuant to | 37895 |
| such an ordinance or resolution, if the ordinance or resolution is | 37896 |
| adopted prior to January 1, 2006, in a municipal corporation with | 37897 |
| a population that exceeds one hundred thousand, as shown by the | 37898 |
| most recent federal decennial census, that includes a major | 37899 |
| employment center and that is adjacent to historically distressed | 37900 |
| neighborhoods, if the legislative authority of the municipal | 37901 |
| corporation that exempted the property prepares an economic | 37902 |
| analysis that demonstrates that all taxes generated within the | 37903 |
| incentive district accruing to the state by reason of improvements | 37904 |
| constructed within the district during its existence exceed the | 37905 |
| amount the state pays the school district under section 3317.022 | 37906 |
| of the Revised Code attributable to such property exemption from | 37907 |
| the school district's recognized valuation. The analysis shall be | 37908 |
| submitted to and approved by the department of development prior | 37909 |
| to January 1, 2006, and the department shall not unreasonably | 37910 |
| withhold approval. | 37911 |
| (g) The portion of school district compensation value that | 37912 |
| was exempted from taxation for the preceding tax year under such | 37913 |
| an ordinance or resolution, if the ordinance or resolution is | 37914 |
| adopted prior to January 1, 2006, and if service payments have | 37915 |
| been pledged to be used for mixed-use riverfront entertainment | 37916 |
| development in any county with a population that exceeds six | 37917 |
| hundred thousand, as shown by the most recent federal decennial | 37918 |
| census; | 37919 |
| (h) The portion of school district compensation value that | 37920 |
| was exempted from taxation for the preceding tax year under such | 37921 |
| an ordinance or resolution, if, prior to January 1, 2006, the | 37922 |
| legislative authority of a municipal corporation, board of | 37923 |
| township trustees, or board of county commissioners has pledged | 37924 |
| service payments for a designated transportation capacity project | 37925 |
| approved by the transportation review advisory council under | 37926 |
| Chapter 5512. of the Revised Code; | 37927 |
| (i) The portion of school district compensation value that | 37928 |
| was exempted from taxation for the preceding tax year under such | 37929 |
| an ordinance or resolution if the legislative authority of a | 37930 |
| municipal corporation, board of township trustees, or board of | 37931 |
| county commissioners have, by January 1, 2006, pledged proceeds | 37932 |
| for designated transportation improvement projects that involve | 37933 |
| federal funds for which the proceeds are used to meet a local | 37934 |
| share match requirement for such funding. | 37935 |
| As used in division (A)(6) of this section, "project" has the | 37936 |
| same meaning as in section 5709.40 of the Revised Code. | 37937 |
| (7) The aggregate value of real property in the school | 37938 |
| district for which an exemption from taxation is granted by an | 37939 |
| ordinance or resolution adopted on or after January 1, 2006, under | 37940 |
| Chapter 725. or 1728., sections 3735.65 to 3735.70, or section | 37941 |
| 5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the Revised | 37942 |
| Code, as indicated on the list of exempted property for the | 37943 |
| preceding tax year under section 5713.08 of the Revised Code and | 37944 |
| as if such property had been assessed for taxation that year, | 37945 |
| minus the product determined by multiplying (a) the aggregate | 37946 |
| value of the real property in the school district exempted from | 37947 |
| taxation for the preceding tax year under any of the chapters or | 37948 |
| sections specified in this division, by (b) a fraction, the | 37949 |
| numerator of which is the difference between (i) the amount of | 37950 |
| anticipated revenue such school district would have received for | 37951 |
| the preceding tax year if the real property exempted from taxation | 37952 |
| had not been exempted from taxation and (ii) the aggregate amount | 37953 |
| of payments in lieu of taxes on the exempt real property for the | 37954 |
| preceding tax year and other compensation received for the | 37955 |
| preceding tax year by the school district pursuant to any | 37956 |
| agreements entered into on or after January 1, 2006, under section | 37957 |
| 5709.82 of the Revised Code between the school district and the | 37958 |
| legislative authority of a political subdivision that acted under | 37959 |
| the authority of a chapter or statute specified in this division, | 37960 |
| that were entered into in relation to such exemption, and the | 37961 |
| denominator of which is the amount of anticipated revenue such | 37962 |
| school district would have received in the preceding fiscal year | 37963 |
| if the real property exempted from taxation had not been exempted. | 37964 |
| | 37965 |
| 37966 | |
| 37967 | |
| 37968 | |
| 37969 |
| | 37970 |
| 37971 | |
| 37972 | |
| 37973 | |
| 37974 |
| | 37975 |
| 37976 | |
| 37977 | |
| 37978 | |
| 37979 | |
| 37980 | |
| 37981 |
| (B) On or before the first day of May each year, the tax | 37982 |
| commissioner shall certify to the department of education and the | 37983 |
| office of budget and management the total taxable real property | 37984 |
| value of railroads and, separately, the total taxable tangible | 37985 |
| personal property value of all public utilities for the preceding | 37986 |
| tax year, by school district and by county of location. | 37987 |
| (C) If a public utility has properly and timely filed a | 37988 |
| petition for reassessment under section 5727.47 of the Revised | 37989 |
| Code with respect to an assessment issued under section 5727.23 of | 37990 |
| the Revised Code affecting taxable property apportioned by the tax | 37991 |
| commissioner to a school district, the taxable value of public | 37992 |
| utility tangible personal property included in the certification | 37993 |
| under divisions (A)(2) and (B) of this section for the school | 37994 |
| district shall include only the amount of taxable value on the | 37995 |
| basis of which the public utility paid tax for the preceding year | 37996 |
| as provided in division (B)(1) or (2) of section 5727.47 of the | 37997 |
| Revised Code. | 37998 |
| (D) If on the basis of the information certified under | 37999 |
| division (A) of this section, the department determines that any | 38000 |
| district fails in any year to meet the qualification requirement | 38001 |
| specified in division (A) of section 3317.01 of the Revised Code, | 38002 |
| the department shall immediately request the tax commissioner to | 38003 |
| determine the extent to which any school district income tax | 38004 |
| levied by the district under Chapter 5748. of the Revised Code | 38005 |
| shall be included in meeting that requirement. Within five days | 38006 |
| of receiving such a request from the department, the tax | 38007 |
| commissioner shall make the determination required by this | 38008 |
| division and report the quotient obtained under division (D)(3) | 38009 |
| of this section to the department and the office of budget and | 38010 |
| management. This quotient represents the number of mills that | 38011 |
| the department shall include in determining whether the district | 38012 |
| meets the qualification requirement of division (A) of section | 38013 |
| 3317.01 of the Revised Code. | 38014 |
| The tax commissioner shall make the determination required by | 38015 |
| this division as follows: | 38016 |
| (1) Multiply one mill times the total taxable value of the | 38017 |
| district as determined in divisions (A)(1) and (2) of this | 38018 |
| section; | 38019 |
| (2) Estimate the total amount of tax liability for the | 38020 |
| current tax year under taxes levied by Chapter 5748. of the | 38021 |
| Revised Code that are apportioned to current operating expenses of | 38022 |
| the district, excluding any income tax receipts allocated for the | 38023 |
| project cost, debt service, or maintenance set-aside associated | 38024 |
| with a state-assisted classroom facilities project as authorized | 38025 |
| by section 3318.052 of the Revised Code; | 38026 |
| (3) Divide the amount estimated under division (D)(2) of this | 38027 |
| section by the product obtained under division (D)(1) of this | 38028 |
| section. | 38029 |
| (E)(1) On or before June 1, 2006, and the first day of April | 38030 |
| of each year thereafter, the director of development shall report | 38031 |
| to the department of education, the tax commissioner, and the | 38032 |
| director of budget and management the total amounts of payments | 38033 |
| received by each city, local, exempted village, or joint | 38034 |
| vocational school district for the preceding tax year pursuant to | 38035 |
| division (D) of section 5709.40, division (D) of section 5709.73, | 38036 |
| division (C) of section 5709.78, or division (B)(1), (B)(2), (C), | 38037 |
| or (D) of section 5709.82 of the Revised Code in relation to | 38038 |
| exemptions from taxation granted pursuant to an ordinance adopted | 38039 |
| by the legislative authority of a municipal corporation under | 38040 |
| division (C) of section 5709.40 of the Revised Code, or a | 38041 |
| resolution adopted by a board of township trustees or board of | 38042 |
| county commissioners under division (C) of section 5709.73 or | 38043 |
| division (B) of section 5709.78 of the Revised Code, respectively. | 38044 |
| On or before April 1, 2006, and the first day of March of each | 38045 |
| year thereafter, the treasurer of each city, local, exempted | 38046 |
| village, or joint vocational school district that has entered into | 38047 |
| such an agreement shall report to the director of development the | 38048 |
| total amounts of such payments the district received for the | 38049 |
| preceding tax year as provided in this section. The state board of | 38050 |
| education, in accordance with sections 3319.31 and 3319.311 of the | 38051 |
| Revised Code, may suspend or revoke the license of a treasurer | 38052 |
| found to have willfully reported erroneous, inaccurate, or | 38053 |
| incomplete data under this division. | 38054 |
| (2) On or before April 1, 2007, and the first day of April of | 38055 |
| each year thereafter, the director of development shall report to | 38056 |
| the department of education, the tax commissioner, and the | 38057 |
| director of budget and management the total amounts of payments | 38058 |
| received by each city, local, exempted village, or joint | 38059 |
| vocational school district for the preceding tax year pursuant to | 38060 |
| divisions (B), (C), and (D) of section 5709.82 of the Revised Code | 38061 |
| in relation to exemptions from taxation granted pursuant to | 38062 |
| ordinances or resolutions adopted on or after January 1, 2006, | 38063 |
| under Chapter 725. or 1728., sections 3735.65 to 3735.70, or | 38064 |
| section 5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the | 38065 |
| Revised Code. On or before March 1, 2007, and the first day of | 38066 |
| March of each year thereafter, the treasurer of each city, local, | 38067 |
| exempted village, or joint vocational school district that has | 38068 |
| entered into such an agreement shall report to the director of | 38069 |
| development the total amounts of such payments the district | 38070 |
| received for the preceding tax year as provided by this section. | 38071 |
| The state board of education, in accordance with sections 3319.31 | 38072 |
| and 3319.311 of the Revised Code, may suspend or revoke the | 38073 |
| license of a treasurer found to have willfully reported erroneous, | 38074 |
| inaccurate, or incomplete data under this division. | 38075 |
| Sec. 3317.022. (A)(1) The department of education shall | 38076 |
| compute and distribute state base cost funding to each eligible | 38077 |
| school district for the fiscal year, using the information | 38078 |
| obtained under section 3317.021 of the Revised Code in the | 38079 |
| calendar year in which the fiscal year begins, according to the | 38080 |
| following formula: | 38081 |
| 38082 | |
| 38083 | |
| 38084 | |
| 38085 | |
| 38086 | |
| 38087 | |
| 38088 | |
| 38089 | |
| 38090 | |
| If the difference obtained is a negative number, the | 38091 |
| district's computation shall be zero. | 38092 |
| (2)(a) For each school district for which the tax exempt | 38093 |
| value of the district equals or exceeds twenty-five per cent of | 38094 |
| the potential value of the district, the department of education | 38095 |
| shall calculate the difference between the district's tax exempt | 38096 |
| value and twenty-five per cent of the district's potential value. | 38097 |
| (b) For each school district to which division (A)(2)(a) of | 38098 |
| this section applies, the department shall adjust the recognized | 38099 |
| valuation used in the calculation under division (A)(1) of this | 38100 |
| section by subtracting from it the amount calculated under | 38101 |
| division (A)(2)(a) of this section. | 38102 |
| (B) As used in this section: | 38103 |
| (1) The "total special education weight" for a district means | 38104 |
| the sum of the following amounts: | 38105 |
| (a) The district's category one special education ADM | 38106 |
| multiplied by the multiple specified in division (A) of section | 38107 |
| 3317.013 of the Revised Code; | 38108 |
| (b) The district's category two special education ADM | 38109 |
| multiplied by the multiple specified in division (B) of section | 38110 |
| 3317.013 of the Revised Code; | 38111 |
| (c) The district's category three special education ADM | 38112 |
| multiplied by the multiple specified in division (C) of section | 38113 |
| 3317.013 of the Revised Code; | 38114 |
| (d) The district's category four special education ADM | 38115 |
| multiplied by the multiple specified in division (D) of section | 38116 |
| 3317.013 of the Revised Code; | 38117 |
| (e) The district's category five special education ADM | 38118 |
| multiplied by the multiple specified in division (E) of section | 38119 |
| 3317.013 of the Revised Code; | 38120 |
| (f) The district's category six special education ADM | 38121 |
| multiplied by the multiple specified in division (F) of section | 38122 |
| 3317.013 of the Revised Code. | 38123 |
| (2) "State share percentage" means the percentage calculated | 38124 |
| for a district as follows: | 38125 |
| (a) Calculate the state base cost funding amount for the | 38126 |
| district for the fiscal year under division (A) of this section. | 38127 |
| If the district would not receive any state base cost funding for | 38128 |
| that year under that division, the district's state share | 38129 |
| percentage is zero. | 38130 |
| (b) If the district would receive state base cost funding | 38131 |
| under that division, divide that amount by an amount equal to the | 38132 |
| following: | 38133 |
| 38134 | |
| 38135 | |
| 38136 | |
| 38137 | |
| 38138 | |
| 38139 | |
| The resultant number is the district's state share | 38140 |
| percentage. | 38141 |
| (3) "Related services" includes: | 38142 |
| (a) Child study, special education supervisors and | 38143 |
| coordinators, speech and hearing services, adaptive physical | 38144 |
| development services, occupational or physical therapy, teacher | 38145 |
| assistants for children with disabilities whose disabilities are | 38146 |
| described in division (B) of section 3317.013 or division (F)(3) | 38147 |
| of section 3317.02 of the Revised Code, behavioral intervention, | 38148 |
| interpreter services, work study, nursing services, and | 38149 |
| specialized integrative services as those terms are defined by | 38150 |
| the department; | 38151 |
| (b) Speech and language services provided to any student with | 38152 |
| a disability, including any student whose primary or only | 38153 |
| disability is a speech and language disability; | 38154 |
| (c) Any related service not specifically covered by other | 38155 |
| state funds but specified in federal law, including but not | 38156 |
| limited to, audiology and school psychological services; | 38157 |
| (d) Any service included in units funded under former | 38158 |
| division (O)(1) of section 3317.024 of the Revised Code; | 38159 |
| (e) Any other related service needed by children with | 38160 |
| disabilities in accordance with their individualized education | 38161 |
| programs. | 38162 |
| (4) The "total vocational education weight" for a district | 38163 |
| means the sum of the following amounts: | 38164 |
| (a) The district's category one vocational education ADM | 38165 |
| multiplied by the multiple specified in division (A) of section | 38166 |
| 3317.014 of the Revised Code; | 38167 |
| (b) The district's category two vocational education ADM | 38168 |
| multiplied by the multiple specified in division (B) of section | 38169 |
| 3317.014 of the Revised Code. | 38170 |
| (5) "Preschool scholarship ADM" means the number of | 38171 |
| preschool children with disabilities reported under division | 38172 |
| (B)(3)(h) of section 3317.03 of the Revised Code. | 38173 |
| (C)(1) The department shall compute and distribute state | 38174 |
| special education and related services additional weighted costs | 38175 |
| funds to each school district in accordance with the following | 38176 |
| formula: | 38177 |
| 38178 | |
| 38179 | |
| 38180 | |
| 38181 | |
| (2) The attributed local share of special education and | 38182 |
| related services additional weighted costs equals: | 38183 |
| 38184 | |
| 38185 | |
| (3)(a) The department shall compute and pay in accordance | 38186 |
| with this division additional state aid to school districts for | 38187 |
| students in categories two through six special education ADM. If a | 38188 |
| district's costs for the fiscal year for a student in its | 38189 |
| categories two through six special education ADM exceed the | 38190 |
| threshold catastrophic cost for serving the student, the district | 38191 |
| may submit to the superintendent of public instruction | 38192 |
| documentation, as prescribed by the superintendent, of all its | 38193 |
| costs for that student. Upon submission of documentation for a | 38194 |
| student of the type and in the manner prescribed, the department | 38195 |
| shall pay to the district an amount equal to the sum of the | 38196 |
| following: | 38197 |
| (i) One-half of the district's costs for the student in | 38198 |
| excess of the threshold catastrophic cost; | 38199 |
| (ii) The product of one-half of the district's costs for the | 38200 |
| student in excess of the threshold catastrophic cost multiplied by | 38201 |
| the district's state share percentage. | 38202 |
| (b) For purposes of division (C)(3)(a) of this section, the | 38203 |
| threshold catastrophic cost for serving a student equals: | 38204 |
| (i) For a student in the school district's category two, | 38205 |
| three, four, or five special education ADM, twenty-seven thousand | 38206 |
| three hundred seventy-five dollars in fiscal years 2008 and 2009; | 38207 |
| (ii) For a student in the district's category six special | 38208 |
| education ADM, thirty-two thousand eight hundred fifty dollars in | 38209 |
| fiscal years 2008 and 2009. | 38210 |
| (c) The district shall only report under division (C)(3)(a) | 38211 |
| of this section, and the department shall only pay for, the costs | 38212 |
| of educational expenses and the related services provided to the | 38213 |
| student in accordance with the student's individualized education | 38214 |
| program. Any legal fees, court costs, or other costs associated | 38215 |
| with any cause of action relating to the student may not be | 38216 |
| included in the amount. | 38217 |
| (4)(a) As used in this division, the "personnel allowance" | 38218 |
| means thirty thousand dollars in fiscal years 2008 and 2009. | 38219 |
| (b) For the provision of speech language pathology services | 38220 |
| to students, including students who do not have individualized | 38221 |
| education programs prepared for them under Chapter 3323. of the | 38222 |
| Revised Code, and for no other purpose, the department of | 38223 |
| education shall pay each school district an amount calculated | 38224 |
| under the following formula: | 38225 |
| 38226 | |
| 38227 | |
| 38228 | |
| (5) In any fiscal year, a school district shall spend for | 38229 |
| purposes that the department designates as approved for special | 38230 |
| education and related services expenses at least the amount | 38231 |
| calculated as follows: | 38232 |
| 38233 | |
| 38234 | |
| 38235 | |
| The purposes approved by the department for special education | 38236 |
| expenses shall include, but shall not be limited to, | 38237 |
| identification of children with disabilities, compliance with | 38238 |
| state rules governing the education of children with disabilities | 38239 |
| and prescribing the continuum of program options for children | 38240 |
| with disabilities, provision of speech language pathology | 38241 |
| services, and the portion of the school district's overall | 38242 |
| administrative and overhead costs that are attributable to the | 38243 |
| district's special education student population. | 38244 |
| The scholarships deducted from the school district's account | 38245 |
| under section 3310.41 or 3310.55 of the Revised Code shall be | 38246 |
| considered to be an approved special education and related | 38247 |
| services expense for the purpose of the school district's | 38248 |
| compliance with division (C)(5) of this section. | 38249 |
| The department shall require school districts to report data | 38250 |
| annually to allow for monitoring compliance with division (C)(5) | 38251 |
| of this section. The department shall annually report to the | 38252 |
| governor and the general assembly the amount of money spent by | 38253 |
| each school district for special education and related services. | 38254 |
| (6) In any fiscal year, a school district shall spend for the | 38255 |
| provision of speech language pathology services not less than the | 38256 |
| sum of the amount calculated under division (C)(1) of this section | 38257 |
| for the students in the district's category one special education | 38258 |
| ADM and the amount calculated under division (C)(4) of this | 38259 |
| section. | 38260 |
| The scholarships deducted from the school district's account | 38261 |
| under section 3310.55 of the Revised Code for students counted in | 38262 |
| the district's category one special education ADM shall be | 38263 |
| considered to be an approved speech language pathology services | 38264 |
| expense for the purpose of the school district's compliance with | 38265 |
| division (C)(6) of this section. | 38266 |
| (D)(1) As used in this division: | 38267 |
| (a) "Daily bus miles per student" equals the number of bus | 38268 |
| miles traveled per day, divided by transportation base. | 38269 |
| (b) "Transportation base" equals total student count as | 38270 |
| defined in section 3301.011 of the Revised Code, minus the number | 38271 |
| of students enrolled in units for preschool children with | 38272 |
| disabilities, plus the number of nonpublic school students | 38273 |
| included in transportation ADM. | 38274 |
| (c) "Transported student percentage" equals transportation | 38275 |
| ADM divided by transportation base. | 38276 |
| (d) "Transportation cost per student" equals total operating | 38277 |
| costs for board-owned or contractor-operated school buses divided | 38278 |
| by transportation base. | 38279 |
| (2) Analysis of student transportation cost data has resulted | 38280 |
| in a finding that an average efficient transportation use cost per | 38281 |
| student can be calculated by means of a regression formula that | 38282 |
| has as its two independent variables the number of daily bus miles | 38283 |
| per student and the transported student percentage. For fiscal | 38284 |
| year 1998 transportation cost data, the average efficient | 38285 |
| transportation use cost per student is expressed as follows: | 38286 |
| 38287 | |
| 38288 | |
| The department of education shall annually determine the | 38289 |
| average efficient transportation use cost per student in | 38290 |
| accordance with the principles stated in division (D)(2) of this | 38291 |
| section, updating the intercept and regression coefficients of the | 38292 |
| regression formula modeled in this division, based on an annual | 38293 |
| statewide analysis of each school district's daily bus miles per | 38294 |
| student, transported student percentage, and transportation cost | 38295 |
| per student data. The department shall conduct the annual update | 38296 |
| using data, including daily bus miles per student, transported | 38297 |
| student percentage, and transportation cost per student data, from | 38298 |
| the prior fiscal year. The department shall notify the office of | 38299 |
| budget and management of such update by the fifteenth day of | 38300 |
| February of each year. | 38301 |
| (3) In addition to funds paid under divisions (A), (C), and | 38302 |
| (E) of this section, each district with a transported student | 38303 |
| percentage greater than zero shall receive a payment equal to a | 38304 |
| percentage of the product of the district's transportation base | 38305 |
| from the prior fiscal year times the annually updated average | 38306 |
| efficient transportation use cost per student, times an inflation | 38307 |
| factor of two and eight-tenths per cent to account for the | 38308 |
| one-year difference between the data used in updating the formula | 38309 |
| and calculating the payment and the year in which the payment is | 38310 |
| made. The percentage shall be the following percentage of that | 38311 |
| product specified for the corresponding fiscal year: | 38312 |
| FISCAL YEAR | PERCENTAGE | 38313 | |||
| 2000 | 52.5% | 38314 | |||
| 2001 | 55% | 38315 | |||
| 2002 | 57.5% | 38316 | |||
| 2003 and thereafter | The greater of 60% or the district's state share percentage | 38317 |
| The payments made under division (D)(3) of this section each | 38318 |
| year shall be calculated based on all of the same prior year's | 38319 |
| data used to update the formula. | 38320 |
| (4) In addition to funds paid under divisions (D)(2) and (3) | 38321 |
| of this section, a school district shall receive a rough road | 38322 |
| subsidy if both of the following apply: | 38323 |
| (a) Its county rough road percentage is higher than the | 38324 |
| statewide rough road percentage, as those terms are defined in | 38325 |
| division (D)(5) of this section; | 38326 |
| (b) Its district student density is lower than the statewide | 38327 |
| student density, as those terms are defined in that division. | 38328 |
| (5) The rough road subsidy paid to each district meeting the | 38329 |
| qualifications of division (D)(4) of this section shall be | 38330 |
| calculated in accordance with the following formula: | 38331 |
| 38332 | |
| 38333 | |
| where: | 38334 |
| (a) "Per rough mile subsidy" equals the amount calculated in | 38335 |
| accordance with the following formula: | 38336 |
| 38337 | |
| 38338 | |
| 38339 | |
| (i) "Maximum rough road percentage" means the highest county | 38340 |
| rough road percentage in the state. | 38341 |
| (ii) "County rough road percentage" equals the percentage of | 38342 |
| the mileage of state, municipal, county, and township roads that | 38343 |
| is rated by the department of transportation as type A, B, C, E2, | 38344 |
| or F in the county in which the school district is located or, if | 38345 |
| the district is located in more than one county, the county to | 38346 |
| which it is assigned for purposes of determining its | 38347 |
| cost-of-doing-business factor. | 38348 |
| (iii) "Statewide rough road percentage" means the percentage | 38349 |
| of the statewide total mileage of state, municipal, county, and | 38350 |
| township roads that is rated as type A, B, C, E2, or F by the | 38351 |
| department of transportation. | 38352 |
| (b) "Total rough road miles" means a school district's total | 38353 |
| bus miles traveled in one year times its county rough road | 38354 |
| percentage. | 38355 |
| (c) "Density multiplier" means a figure calculated in | 38356 |
| accordance with the following formula: | 38357 |
| 38358 | |
| 38359 | |
| 38360 | |
| (i) "Minimum student density" means the lowest district | 38361 |
| student density in the state. | 38362 |
| (ii) "District student density" means a school district's | 38363 |
| transportation base divided by the number of square miles in the | 38364 |
| district. | 38365 |
| (iii) "Statewide student density" means the sum of the | 38366 |
| transportation bases for all school districts divided by the sum | 38367 |
| of the square miles in all school districts. | 38368 |
| (6) In addition to funds paid under divisions (D)(2) to (5) | 38369 |
| of this section, each district shall receive in accordance with | 38370 |
| rules adopted by the state board of education a payment for | 38371 |
| students transported by means other than board-owned or | 38372 |
| contractor-operated buses and whose transportation is not funded | 38373 |
| under division (G) of section 3317.024 of the Revised Code. The | 38374 |
| rules shall include provisions for school district reporting of | 38375 |
| such students. | 38376 |
| (E)(1) The department shall compute and distribute state | 38377 |
| vocational education additional weighted costs funds to each | 38378 |
| school district in accordance with the following formula: | 38379 |
| 38380 | |
| 38381 | |
| 38382 | |
| In any fiscal year, a school district receiving funds under | 38383 |
| division (E)(1) of this section shall spend those funds only for | 38384 |
| the purposes that the department designates as approved for | 38385 |
| vocational education expenses. Vocational educational expenses | 38386 |
| approved by the department shall include only expenses connected | 38387 |
| to the delivery of career-technical programming to | 38388 |
| career-technical students. The department shall require the school | 38389 |
| district to report data annually so that the department may | 38390 |
| monitor the district's compliance with the requirements regarding | 38391 |
| the manner in which funding received under division (E)(1) of this | 38392 |
| section may be spent. | 38393 |
| (2) The department shall compute for each school district | 38394 |
| state funds for vocational education associated services in | 38395 |
| accordance with the following formula: | 38396 |
| 38397 | |
| 38398 | |
| In any fiscal year, a school district receiving funds under | 38399 |
| division (E)(2) of this section, or through a transfer of funds | 38400 |
| pursuant to division (L) of section 3317.023 of the Revised Code, | 38401 |
| shall spend those funds only for the purposes that the department | 38402 |
| designates as approved for vocational education associated | 38403 |
| services expenses, which may include such purposes as | 38404 |
| apprenticeship coordinators, coordinators for other vocational | 38405 |
| education services, vocational evaluation, and other purposes | 38406 |
| designated by the department. The department may deny payment | 38407 |
| under division (E)(2) of this section to any district that the | 38408 |
| department determines is not operating those services or is using | 38409 |
| funds paid under division (E)(2) of this section, or through a | 38410 |
| transfer of funds pursuant to division (L) of section 3317.023 of | 38411 |
| the Revised Code, for other purposes. | 38412 |
| (F) The actual local share in any fiscal year for the | 38413 |
| combination of special education and related services additional | 38414 |
| weighted costs funding calculated under division (C)(1) of this | 38415 |
| section, transportation funding calculated under divisions (D)(2) | 38416 |
| and (3) of this section, and vocational education and associated | 38417 |
| services additional weighted costs funding calculated under | 38418 |
| divisions (E)(1) and (2) of this section shall not exceed for any | 38419 |
| school district the product of three and three-tenths mills times | 38420 |
| the district's recognized valuation. The department annually shall | 38421 |
| pay each school district as an excess cost supplement any amount | 38422 |
| by which the sum of the district's attributed local shares for | 38423 |
| that funding exceeds that product. For purposes of calculating the | 38424 |
| excess cost supplement: | 38425 |
| (1) The attributed local share for special education and | 38426 |
| related services additional weighted costs funding is the amount | 38427 |
| specified in division (C)(2) of this section. | 38428 |
| (2) The attributed local share of transportation funding | 38429 |
| equals the difference of the total amount calculated for the | 38430 |
| district using the formula developed under division (D)(2) of this | 38431 |
| section minus the actual amount paid to the district after | 38432 |
| applying the percentage specified in division (D)(3) of this | 38433 |
| section. | 38434 |
| (3) The attributed local share of vocational education and | 38435 |
| associated services additional weighted costs funding is the | 38436 |
| amount determined as follows: | 38437 |
| 38438 | |
| 38439 | |
| 38440 | |
| 38441 | |
| Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), and | 38442 |
| (C) of this section, except as provided in division (A)(2)(h) of | 38443 |
| this section, any student enrolled in kindergarten more than half | 38444 |
| time shall be reported as one-half student under this section. | 38445 |
| (A) The superintendent of each city and exempted village | 38446 |
| school district and of each educational service center shall, for | 38447 |
| the schools under the superintendent's supervision, certify to the | 38448 |
| state board of education on or before the fifteenth day of October | 38449 |
| in each year for the first full school week in October the formula | 38450 |
| ADM. Beginning in fiscal year 2007, each superintendent also shall | 38451 |
| certify to the state board, for the schools under the | 38452 |
| superintendent's supervision, the formula ADM for the first full | 38453 |
| week in February. If a school under the superintendent's | 38454 |
| supervision is closed for one or more days during that week due to | 38455 |
| hazardous weather conditions or other circumstances described in | 38456 |
| the first paragraph of division (B) of section 3317.01 of the | 38457 |
| Revised Code, the superintendent may apply to the superintendent | 38458 |
| of public instruction for a waiver, under which the superintendent | 38459 |
| of public instruction may exempt the district superintendent from | 38460 |
| certifying the formula ADM for that school for that week and | 38461 |
| specify an alternate week for certifying the formula ADM of that | 38462 |
| school. | 38463 |
| The formula ADM shall consist of the average daily membership | 38464 |
| during such week of the sum of the following: | 38465 |
| (1) On an FTE basis, the number of students in grades | 38466 |
| kindergarten through twelve receiving any educational services | 38467 |
| from the district, except that the following categories of | 38468 |
| students shall not be included in the determination: | 38469 |
| (a) Students enrolled in adult education classes; | 38470 |
| (b) Adjacent or other district students enrolled in the | 38471 |
| district under an open enrollment policy pursuant to section | 38472 |
| 3313.98 of the Revised Code; | 38473 |
| (c) Students receiving services in the district pursuant to a | 38474 |
| compact, cooperative education agreement, or a contract, but who | 38475 |
| are entitled to attend school in another district pursuant to | 38476 |
| section 3313.64 or 3313.65 of the Revised Code; | 38477 |
| (d) Students for whom tuition is payable pursuant to sections | 38478 |
| 3317.081 and 3323.141 of the Revised Code; | 38479 |
| (e) Students receiving services in the district through a | 38480 |
| scholarship awarded under either section 3310.41 or sections | 38481 |
| 3310.51 to 3310.64 of the Revised Code. | 38482 |
| (2) On an FTE basis, except as provided in division (A)(2)(h) | 38483 |
| of this section, the number of students entitled to attend school | 38484 |
| in the district pursuant to section 3313.64 or 3313.65 of the | 38485 |
| Revised Code, but receiving educational services in grades | 38486 |
| kindergarten through twelve from one or more of the following | 38487 |
| entities: | 38488 |
| (a) A community school pursuant to Chapter 3314. of the | 38489 |
| Revised Code, including any participation in a college pursuant to | 38490 |
| Chapter 3365. of the Revised Code while enrolled in such community | 38491 |
| school; | 38492 |
| (b) An alternative school pursuant to sections 3313.974 to | 38493 |
| 3313.979 of the Revised Code as described in division (I)(2)(a) or | 38494 |
| (b) of this section; | 38495 |
| (c) A college pursuant to Chapter 3365. of the Revised Code, | 38496 |
| except when the student is enrolled in the college while also | 38497 |
| enrolled in a community school pursuant to Chapter 3314. or a | 38498 |
| science, technology, engineering, and mathematics school | 38499 |
| established under Chapter 3326. of the Revised Code; | 38500 |
| (d) An adjacent or other school district under an open | 38501 |
| enrollment policy adopted pursuant to section 3313.98 of the | 38502 |
| Revised Code; | 38503 |
| (e) An educational service center or cooperative education | 38504 |
| district; | 38505 |
| (f) Another school district under a cooperative education | 38506 |
| agreement, compact, or contract; | 38507 |
| (g) A chartered nonpublic school with a scholarship paid | 38508 |
| under section 3310.08 of the Revised Code; | 38509 |
| (h) An alternative public provider or a registered private | 38510 |
| provider with a scholarship awarded under either section 3310.41 | 38511 |
| or sections 3310.51 to 3310.64 of the Revised Code. Each such | 38512 |
| scholarship student who is enrolled in kindergarten shall be | 38513 |
| counted as one full-time-equivalent student. | 38514 |
| As used in this section, "alternative public provider" and | 38515 |
| "registered private provider" have the same meanings as in section | 38516 |
| 3310.41 or 3310.51 of the Revised Code, as applicable. | 38517 |
| (i) A science, technology, engineering, and mathematics | 38518 |
| school established under Chapter 3326. of the Revised Code, | 38519 |
| including any participation in a college pursuant to Chapter 3365. | 38520 |
| of the Revised Code while enrolled in the school. | 38521 |
| (3) Twenty per cent of the number of students enrolled in a | 38522 |
| joint vocational school district or under a vocational education | 38523 |
| compact, excluding any students entitled to attend school in the | 38524 |
| district under section 3313.64 or 3313.65 of the Revised Code who | 38525 |
| are enrolled in another school district through an open enrollment | 38526 |
| policy as reported under division (A)(2)(d) of this section and | 38527 |
| then enroll in a joint vocational school district or under a | 38528 |
| vocational education compact; | 38529 |
| (4) The number of children with disabilities, other than | 38530 |
| preschool children with disabilities, entitled to attend school | 38531 |
| in the district pursuant to section 3313.64 or 3313.65 of the | 38532 |
| Revised Code who are placed by the district with a county MR/DD | 38533 |
| board, minus the number of such children placed with a county | 38534 |
| MR/DD board in fiscal year 1998. If this calculation produces a | 38535 |
| negative number, the number reported under division (A)(4) of | 38536 |
| this section shall be zero. | 38537 |
| (5) Beginning in fiscal year 2007, in the case of the report | 38538 |
| submitted for the first full week in February, or the alternative | 38539 |
| week if specified by the superintendent of public instruction, the | 38540 |
| number of students reported under division (A)(1) or (2) of this | 38541 |
| section for the first full week of the preceding October but who | 38542 |
| since that week have received high school diplomas. | 38543 |
| (B) To enable the department of education to obtain the data | 38544 |
| needed to complete the calculation of payments pursuant to this | 38545 |
| chapter, in addition to the formula ADM, each superintendent shall | 38546 |
| report separately the following student counts for the same week | 38547 |
| for which formula ADM is certified: | 38548 |
| (1) The total average daily membership in regular day classes | 38549 |
| included in the report under division (A)(1) or (2) of this | 38550 |
| section for kindergarten, and each of grades one through twelve in | 38551 |
| schools under the superintendent's supervision; | 38552 |
| (2) The number of all preschool children with disabilities | 38553 |
| enrolled as of the first day of December in classes in the | 38554 |
| district that are eligible for approval under division (B) of | 38555 |
| section 3317.05 of the Revised Code and the number of those | 38556 |
| classes, which shall be reported not later than the fifteenth day | 38557 |
| of December, in accordance with rules adopted under that section; | 38558 |
| (3) The number of children entitled to attend school in the | 38559 |
| district pursuant to section 3313.64 or 3313.65 of the Revised | 38560 |
| Code who are: | 38561 |
| (a) Participating in a pilot project scholarship program | 38562 |
| established under sections 3313.974 to 3313.979 of the Revised | 38563 |
| Code as described in division (I)(2)(a) or (b) of this section; | 38564 |
| (b) Enrolled in a college under Chapter 3365. of the Revised | 38565 |
| Code, except when the student is enrolled in the college while | 38566 |
| also enrolled in a community school pursuant to Chapter 3314. or a | 38567 |
| science, technology, engineering, and mathematics school | 38568 |
| established under Chapter 3326. of the Revised Code; | 38569 |
| (c) Enrolled in an adjacent or other school district under | 38570 |
| section 3313.98 of the Revised Code; | 38571 |
| (d) Enrolled in a community school established under Chapter | 38572 |
| 3314. of the Revised Code that is not an internet- or | 38573 |
| computer-based community school as defined in section 3314.02 of | 38574 |
| the Revised Code, including any participation in a college | 38575 |
| pursuant to Chapter 3365. of the Revised Code while enrolled in | 38576 |
| such community school; | 38577 |
| (e) Enrolled in an internet- or computer-based community | 38578 |
| school, as defined in section 3314.02 of the Revised Code, | 38579 |
| including any participation in a college pursuant to Chapter 3365. | 38580 |
| of the Revised Code while enrolled in the school; | 38581 |
| (f) Enrolled in a chartered nonpublic school with a | 38582 |
| scholarship paid under section 3310.08 of the Revised Code; | 38583 |
| (g) Enrolled in kindergarten through grade twelve in an | 38584 |
| alternative public provider or a registered private provider with | 38585 |
| a scholarship awarded under either section 3310.41 or sections | 38586 |
| 3310.51 to 3310.64 of the Revised Code; | 38587 |
| (h) Enrolled as a preschool child with a disability in an | 38588 |
| alternative public provider or a registered private provider with | 38589 |
| a scholarship awarded under section 3310.41 of the Revised Code; | 38590 |
| (i) Participating in a program operated by a county MR/DD | 38591 |
| board or a state institution; | 38592 |
| (j) Enrolled in a science, technology, engineering, and | 38593 |
| mathematics school established under Chapter 3326. of the Revised | 38594 |
| Code, including any participation in a college pursuant to Chapter | 38595 |
| 3365. of the Revised Code while enrolled in the school. | 38596 |
| (4) The number of pupils enrolled in joint vocational | 38597 |
| schools; | 38598 |
| (5) The combined average daily membership of children with | 38599 |
| disabilities reported under division (A)(1) or (2) of this | 38600 |
| section receiving special education services for the category one | 38601 |
| disability described in division (A) of section 3317.013 of the | 38602 |
| Revised Code, including children attending a special education | 38603 |
| program operated by an alternative public provider or a | 38604 |
| registered private provider with a scholarship awarded under | 38605 |
| sections 3310.51 to 3310.64 of the Revised Code; | 38606 |
| (6) The combined average daily membership of children with | 38607 |
| disabilities reported under division (A)(1) or (2) of this | 38608 |
| section receiving special education services for category two | 38609 |
| disabilities described in division (B) of section 3317.013 of the | 38610 |
| Revised Code, including children attending a special education | 38611 |
| program operated by an alternative public provider or a | 38612 |
| registered private provider with a scholarship awarded under | 38613 |
| sections 3310.51 to 3310.64 of the Revised Code; | 38614 |
| (7) The combined average daily membership of children with | 38615 |
| disabilities reported under division (A)(1) or (2) of this | 38616 |
| section receiving special education services for category three | 38617 |
| disabilities described in division (C) of section 3317.013 of the | 38618 |
| Revised Code, including children attending a special education | 38619 |
| program operated by an alternative public provider or a | 38620 |
| registered private provider with a scholarship awarded under | 38621 |
| sections 3310.51 to 3310.64 of the Revised Code; | 38622 |
| (8) The combined average daily membership of children with | 38623 |
| disabilities reported under division (A)(1) or (2) of this | 38624 |
| section receiving special education services for category four | 38625 |
| disabilities described in division (D) of section 3317.013 of the | 38626 |
| Revised Code, including children attending a special education | 38627 |
| program operated by an alternative public provider or a | 38628 |
| registered private provider with a scholarship awarded under | 38629 |
| sections 3310.51 to 3310.64 of the Revised Code; | 38630 |
| (9) The combined average daily membership of children with | 38631 |
| disabilities reported under division (A)(1) or (2) of this | 38632 |
| section receiving special education services for the category | 38633 |
| five disabilities described in division (E) of section 3317.013 | 38634 |
| of the Revised Code, including children attending a special | 38635 |
| education program operated by an alternative public provider or a | 38636 |
| registered private provider with a scholarship awarded under | 38637 |
| sections 3310.51 to 3310.64 of the Revised Code; | 38638 |
| (10) The combined average daily membership of children with | 38639 |
| disabilities reported under division (A)(1) or (2) and under | 38640 |
| division (B)(3)(h) of this section receiving special education | 38641 |
| services for category six disabilities described in division (F) | 38642 |
| of section 3317.013 of the Revised Code, including children | 38643 |
| attending a special education program operated by an alternative | 38644 |
| public provider or a registered private provider with a | 38645 |
| scholarship awarded under either section 3310.41 or sections | 38646 |
| 3310.51 to 3310.64 of the Revised Code; | 38647 |
| (11) The average daily membership of pupils reported under | 38648 |
| division (A)(1) or (2) of this section enrolled in category one | 38649 |
| vocational education programs or classes, described in division | 38650 |
| (A) of section 3317.014 of the Revised Code, operated by the | 38651 |
| school district or by another district, other than a joint | 38652 |
| vocational school district, or by an educational service center, | 38653 |
| excluding any student reported under division (B)(3)(e) of this | 38654 |
| section as enrolled in an internet- or computer-based community | 38655 |
| school, notwithstanding division (C) of section 3317.02 of the | 38656 |
| Revised Code and division (C)(3) of this section; | 38657 |
| (12) The average daily membership of pupils reported under | 38658 |
| division (A)(1) or (2) of this section enrolled in category two | 38659 |
| vocational education programs or services, described in division | 38660 |
| (B) of section 3317.014 of the Revised Code, operated by the | 38661 |
| school district or another school district, other than a joint | 38662 |
| vocational school district, or by an educational service center, | 38663 |
| excluding any student reported under division (B)(3)(e) of this | 38664 |
| section as enrolled in an internet- or computer-based community | 38665 |
| school, notwithstanding division (C) of section 3317.02 of the | 38666 |
| Revised Code and division (C)(3) of this section; | 38667 |
| (13) The average number of children transported by the school | 38668 |
| district on board-owned or contractor-owned and -operated buses, | 38669 |
| reported in accordance with rules adopted by the department of | 38670 |
| education; | 38671 |
| (14)(a) The number of children, other than preschool children | 38672 |
| with disabilities, the district placed with a county MR/DD board | 38673 |
| in fiscal year 1998; | 38674 |
| (b) The number of children with disabilities, other than | 38675 |
| preschool children with disabilities, placed with a county MR/DD | 38676 |
| board in the current fiscal year to receive special education | 38677 |
| services for the category one disability described in division | 38678 |
| (A) of section 3317.013 of the Revised Code; | 38679 |
| (c) The number of children with disabilities, other than | 38680 |
| preschool children with disabilities, placed with a county MR/DD | 38681 |
| board in the current fiscal year to receive special education | 38682 |
| services for category two disabilities described in division (B) | 38683 |
| of section 3317.013 of the Revised Code; | 38684 |
| (d) The number of children with disabilities, other than | 38685 |
| preschool children with disabilities, placed with a county MR/DD | 38686 |
| board in the current fiscal year to receive special education | 38687 |
| services for category three disabilities described in division | 38688 |
| (C) of section 3317.013 of the Revised Code; | 38689 |
| (e) The number of children with disabilities, other than | 38690 |
| preschool children with disabilities, placed with a county MR/DD | 38691 |
| board in the current fiscal year to receive special education | 38692 |
| services for category four disabilities described in division (D) | 38693 |
| of section 3317.013 of the Revised Code; | 38694 |
| (f) The number of children with disabilities, other than | 38695 |
| preschool children with disabilities, placed with a county MR/DD | 38696 |
| board in the current fiscal year to receive special education | 38697 |
| services for the category five disabilities described in division | 38698 |
| (E) of section 3317.013 of the Revised Code; | 38699 |
| (g) The number of children with disabilities, other than | 38700 |
| preschool children with disabilities, placed with a county MR/DD | 38701 |
| board in the current fiscal year to receive special education | 38702 |
| services for category six disabilities described in division (F) | 38703 |
| of section 3317.013 of the Revised Code. | 38704 |
| (C)(1) Except as otherwise provided in this section for | 38705 |
| kindergarten students, the average daily membership in divisions | 38706 |
| (B)(1) to (12) of this section shall be based upon the number of | 38707 |
| full-time equivalent students. The state board of education shall | 38708 |
| adopt rules defining full-time equivalent students and for | 38709 |
| determining the average daily membership therefrom for the | 38710 |
| purposes of divisions (A), (B), and (D) of this section. | 38711 |
| (2) A student enrolled in a community school established | 38712 |
| under Chapter 3314. or a science, technology, engineering, and | 38713 |
| mathematics school established under Chapter 3326. of the Revised | 38714 |
| Code shall be counted in the formula ADM and, if applicable, the | 38715 |
| category one, two, three, four, five, or six special education ADM | 38716 |
| of the school district in which the student is entitled to attend | 38717 |
| school under section 3313.64 or 3313.65 of the Revised Code for | 38718 |
| the same proportion of the school year that the student is counted | 38719 |
| in the enrollment of the community school or the science, | 38720 |
| technology, engineering, and mathematics school for purposes of | 38721 |
| section 3314.08 or 3326.33 of the Revised Code. Notwithstanding | 38722 |
| the number of students reported pursuant to division (B)(3)(d), | 38723 |
| (e), or (j) of this section, the department may adjust the | 38724 |
| formula ADM of a school district to account for students entitled | 38725 |
| to attend school in the district under section 3313.64 or 3313.65 | 38726 |
| of the Revised Code who are enrolled in a community school or a | 38727 |
| science, technology, engineering, and mathematics school for only | 38728 |
| a portion of the school year. | 38729 |
| (3) No child shall be counted as more than a total of one | 38730 |
| child in the sum of the average daily memberships of a school | 38731 |
| district under division (A), divisions (B)(1) to (12), or division | 38732 |
| (D) of this section, except as follows: | 38733 |
| (a) A child with a disability described in section 3317.013 | 38734 |
| of the Revised Code may be counted both in formula ADM and in | 38735 |
| category one, two, three, four, five, or six special education | 38736 |
| ADM and, if applicable, in category one or two vocational | 38737 |
| education ADM. As provided in division (C) of section 3317.02 of | 38738 |
| the Revised Code, such a child shall be counted in category one, | 38739 |
| two, three, four, five, or six special education ADM in the same | 38740 |
| proportion that the child is counted in formula ADM. | 38741 |
| (b) A child enrolled in vocational education programs or | 38742 |
| classes described in section 3317.014 of the Revised Code may be | 38743 |
| counted both in formula ADM and category one or two vocational | 38744 |
| education ADM and, if applicable, in category one, two, three, | 38745 |
| four, five, or six special education ADM. Such a child shall be | 38746 |
| counted in category one or two vocational education ADM in the | 38747 |
| same proportion as the percentage of time that the child spends in | 38748 |
| the vocational education programs or classes. | 38749 |
| (4) Based on the information reported under this section, the | 38750 |
| department of education shall determine the total student count, | 38751 |
| as defined in section 3301.011 of the Revised Code, for each | 38752 |
| school district. | 38753 |
| (D)(1) The superintendent of each joint vocational school | 38754 |
| district shall certify to the superintendent of public instruction | 38755 |
| on or before the fifteenth day of October in each year for the | 38756 |
| first full school week in October the formula ADM. Beginning in | 38757 |
| fiscal year 2007, each superintendent also shall certify to the | 38758 |
| state superintendent the formula ADM for the first full week in | 38759 |
| February. If a school operated by the joint vocational school | 38760 |
| district is closed for one or more days during that week due to | 38761 |
| hazardous weather conditions or other circumstances described in | 38762 |
| the first paragraph of division (B) of section 3317.01 of the | 38763 |
| Revised Code, the superintendent may apply to the superintendent | 38764 |
| of public instruction for a waiver, under which the superintendent | 38765 |
| of public instruction may exempt the district superintendent from | 38766 |
| certifying the formula ADM for that school for that week and | 38767 |
| specify an alternate week for certifying the formula ADM of that | 38768 |
| school. | 38769 |
| The formula ADM, except as otherwise provided in this | 38770 |
| division, shall consist of the average daily membership during | 38771 |
| such week, on an FTE basis, of the number of students receiving | 38772 |
| any educational services from the district, including students | 38773 |
| enrolled in a community school established under Chapter 3314. or | 38774 |
| a science, technology, engineering, and mathematics school | 38775 |
| established under Chapter 3326. of the Revised Code who are | 38776 |
| attending the joint vocational district under an agreement | 38777 |
| between the district board of education and the governing | 38778 |
| authority of the community school or the science, technology, | 38779 |
| engineering, and mathematics school and are entitled to attend | 38780 |
| school in a city, local, or exempted village school district whose | 38781 |
| territory is part of the territory of the joint vocational | 38782 |
| district. Beginning in fiscal year 2007, in the case of the | 38783 |
| report submitted for the first week in February, or the | 38784 |
| alternative week if specified by the superintendent of public | 38785 |
| instruction, the superintendent of the joint vocational school | 38786 |
| district may include the number of students reported under | 38787 |
| division (D)(1) of this section for the first full week of the | 38788 |
| preceding October but who since that week have received high | 38789 |
| school diplomas. | 38790 |
| The following categories of students shall not be included in | 38791 |
| the determination made under division (D)(1) of this section: | 38792 |
| (a) Students enrolled in adult education classes; | 38793 |
| (b) Adjacent or other district joint vocational students | 38794 |
| enrolled in the district under an open enrollment policy pursuant | 38795 |
| to section 3313.98 of the Revised Code; | 38796 |
| (c) Students receiving services in the district pursuant to a | 38797 |
| compact, cooperative education agreement, or a contract, but who | 38798 |
| are entitled to attend school in a city, local, or exempted | 38799 |
| village school district whose territory is not part of the | 38800 |
| territory of the joint vocational district; | 38801 |
| (d) Students for whom tuition is payable pursuant to sections | 38802 |
| 3317.081 and 3323.141 of the Revised Code. | 38803 |
| (2) To enable the department of education to obtain the data | 38804 |
| needed to complete the calculation of payments pursuant to this | 38805 |
| chapter, in addition to the formula ADM, each superintendent shall | 38806 |
| report separately the average daily membership included in the | 38807 |
| report under division (D)(1) of this section for each of the | 38808 |
| following categories of students for the same week for which | 38809 |
| formula ADM is certified: | 38810 |
| (a) Students enrolled in each grade included in the joint | 38811 |
| vocational district schools; | 38812 |
| (b) Children with disabilities receiving special education | 38813 |
| services for the category one disability described in division | 38814 |
| (A) of section 3317.013 of the Revised Code; | 38815 |
| (c) Children with disabilities receiving special education | 38816 |
| services for the category two disabilities described in division | 38817 |
| (B) of section 3317.013 of the Revised Code; | 38818 |
| (d) Children with disabilities receiving special education | 38819 |
| services for category three disabilities described in division (C) | 38820 |
| of section 3317.013 of the Revised Code; | 38821 |
| (e) Children with disabilities receiving special education | 38822 |
| services for category four disabilities described in division (D) | 38823 |
| of section 3317.013 of the Revised Code; | 38824 |
| (f) Children with disabilities receiving special education | 38825 |
| services for the category five disabilities described in division | 38826 |
| (E) of section 3317.013 of the Revised Code; | 38827 |
| (g) Children with disabilities receiving special education | 38828 |
| services for category six disabilities described in division (F) | 38829 |
| of section 3317.013 of the Revised Code; | 38830 |
| (h) Students receiving category one vocational education | 38831 |
| services, described in division (A) of section 3317.014 of the | 38832 |
| Revised Code; | 38833 |
| (i) Students receiving category two vocational education | 38834 |
| services, described in division (B) of section 3317.014 of the | 38835 |
| Revised Code. | 38836 |
| The superintendent of each joint vocational school district | 38837 |
| shall also indicate the city, local, or exempted village school | 38838 |
| district in which each joint vocational district pupil is entitled | 38839 |
| to attend school pursuant to section 3313.64 or 3313.65 of the | 38840 |
| Revised Code. | 38841 |
| (E) In each school of each city, local, exempted village, | 38842 |
| joint vocational, and cooperative education school district there | 38843 |
| shall be maintained a record of school membership, which record | 38844 |
| shall accurately show, for each day the school is in session, the | 38845 |
| actual membership enrolled in regular day classes. For the purpose | 38846 |
| of determining average daily membership, the membership figure of | 38847 |
| any school shall not include any pupils except those pupils | 38848 |
| described by division (A) of this section. The record of | 38849 |
| membership for each school shall be maintained in such manner that | 38850 |
| no pupil shall be counted as in membership prior to the actual | 38851 |
| date of entry in the school and also in such manner that where for | 38852 |
| any cause a pupil permanently withdraws from the school that pupil | 38853 |
| shall not be counted as in membership from and after the date of | 38854 |
| such withdrawal. There shall not be included in the membership of | 38855 |
| any school any of the following: | 38856 |
| (1) Any pupil who has graduated from the twelfth grade of a | 38857 |
| public or nonpublic high school; | 38858 |
| (2) Any pupil who is not a resident of the state; | 38859 |
| (3) Any pupil who was enrolled in the schools of the district | 38860 |
| during the previous school year when tests were administered under | 38861 |
| section 3301.0711 of the Revised Code but did not take one or more | 38862 |
| of the tests required by that section and was not excused pursuant | 38863 |
| to division (C)(1) or (3) of that section; | 38864 |
| (4) Any pupil who has attained the age of twenty-two years, | 38865 |
| except for veterans of the armed services whose attendance was | 38866 |
| interrupted before completing the recognized twelve-year course of | 38867 |
| the public schools by reason of induction or enlistment in the | 38868 |
| armed forces and who apply for reenrollment in the public school | 38869 |
| system of their residence not later than four years after | 38870 |
| termination of war or their honorable discharge. | 38871 |
| If, however, any veteran described by division (E)(4) of this | 38872 |
| section elects to enroll in special courses organized for veterans | 38873 |
| for whom tuition is paid under the provisions of federal laws, or | 38874 |
| otherwise, that veteran shall not be included in average daily | 38875 |
| membership. | 38876 |
| Notwithstanding division (E)(3) of this section, the | 38877 |
| membership of any school may include a pupil who did not take a | 38878 |
| test required by section 3301.0711 of the Revised Code if the | 38879 |
| superintendent of public instruction grants a waiver from the | 38880 |
| requirement to take the test to the specific pupil and a parent is | 38881 |
| not paying tuition for the pupil pursuant to section 3313.6410 of | 38882 |
| the Revised Code. The superintendent may grant such a waiver only | 38883 |
| for good cause in accordance with rules adopted by the state board | 38884 |
| of education. | 38885 |
| Except as provided in divisions (B)(2) and (F) of this | 38886 |
| section, the average daily membership figure of any local, city, | 38887 |
| exempted village, or joint vocational school district shall be | 38888 |
| determined by dividing the figure representing the sum of the | 38889 |
| number of pupils enrolled during each day the school of attendance | 38890 |
| is actually open for instruction during the week for which the | 38891 |
| formula ADM is being certified by the total number of days the | 38892 |
| school was actually open for instruction during that week. For | 38893 |
| purposes of state funding, "enrolled" persons are only those | 38894 |
| pupils who are attending school, those who have attended school | 38895 |
| during the current school year and are absent for authorized | 38896 |
| reasons, and those children with disabilities currently receiving | 38897 |
| home instruction. | 38898 |
| The average daily membership figure of any cooperative | 38899 |
| education school district shall be determined in accordance with | 38900 |
| rules adopted by the state board of education. | 38901 |
| (F)(1) If the formula ADM for the first full school week in | 38902 |
| February is at least three per cent greater than that certified | 38903 |
| for the first full school week in the preceding October, the | 38904 |
| superintendent of schools of any city, exempted village, or joint | 38905 |
| vocational school district or educational service center shall | 38906 |
| certify such increase to the superintendent of public instruction. | 38907 |
| Such certification shall be submitted no later than the fifteenth | 38908 |
| day of February. For the balance of the fiscal year, beginning | 38909 |
| with the February payments, the superintendent of public | 38910 |
| instruction shall use the increased formula ADM in calculating or | 38911 |
| recalculating the amounts to be allocated in accordance with | 38912 |
| section 3317.022 or 3317.16 of the Revised Code. In no event shall | 38913 |
| the superintendent use an increased membership certified to the | 38914 |
| superintendent after the fifteenth day of February. Division | 38915 |
| (F)(1) of this section does not apply after fiscal year 2006. | 38916 |
| (2) If on the first school day of April the total number of | 38917 |
| classes or units for preschool children with disabilities that | 38918 |
| are eligible for approval under division (B) of section 3317.05 | 38919 |
| of the Revised Code exceeds the number of units that have been | 38920 |
| approved for the year under that division, the superintendent of | 38921 |
| schools of any city, exempted village, or cooperative education | 38922 |
| school district or educational service center shall make the | 38923 |
| certifications required by this section for that day. If the | 38924 |
| department determines additional units can be approved for the | 38925 |
| fiscal year within any limitations set forth in the acts | 38926 |
| appropriating moneys for the funding of such units, the | 38927 |
| department shall approve additional units for the fiscal year on | 38928 |
| the basis of such average daily membership. For each unit so | 38929 |
| approved, the department shall pay an amount computed in the | 38930 |
| manner prescribed in section 3317.052 or 3317.19 and section | 38931 |
| 3317.053 of the Revised Code. | 38932 |
| (3) If a student attending a community school under Chapter | 38933 |
| 3314. or a science, technology, engineering, and mathematics | 38934 |
| school established under Chapter 3326. of the Revised Code is not | 38935 |
| included in the formula ADM certified for the school district in | 38936 |
| which the student is entitled to attend school under section | 38937 |
| 3313.64 or 3313.65 of the Revised Code, the department of | 38938 |
| education shall adjust the formula ADM of that school district to | 38939 |
| include the student in accordance with division (C)(2) of this | 38940 |
| section, and shall recalculate the school district's payments | 38941 |
| under this chapter for the entire fiscal year on the basis of | 38942 |
| that adjusted formula ADM. This requirement applies regardless of | 38943 |
| whether the student was enrolled, as defined in division (E) of | 38944 |
| this section, in the community school or the science, | 38945 |
| technology, engineering, and mathematics school during the week | 38946 |
| for which the formula ADM is being certified. | 38947 |
| (4) If a student awarded an educational choice scholarship is | 38948 |
| not included in the formula ADM of the school district from which | 38949 |
| the department deducts funds for the scholarship under section | 38950 |
| 3310.08 of the Revised Code, the department shall adjust the | 38951 |
| formula ADM of that school district to include the student to the | 38952 |
| extent necessary to account for the deduction, and shall | 38953 |
| recalculate the school district's payments under this chapter for | 38954 |
| the entire fiscal year on the basis of that adjusted formula ADM. | 38955 |
| This requirement applies regardless of whether the student was | 38956 |
| enrolled, as defined in division (E) of this section, in the | 38957 |
| chartered nonpublic school, the school district, or a community | 38958 |
| school during the week for which the formula ADM is being | 38959 |
| certified. | 38960 |
| (5) If a student awarded a scholarship under the special | 38961 |
| education scholarship pilot program is not included in the formula | 38962 |
| ADM of the school district from which the department deducts funds | 38963 |
| for the scholarship under section 3310.55 of the Revised Code, the | 38964 |
| department shall adjust the formula ADM of that school district to | 38965 |
| include the student to the extent necessary to account for the | 38966 |
| deduction, and shall recalculate the school district's payments | 38967 |
| under this chapter for the entire fiscal year on the basis of that | 38968 |
| adjusted formula ADM. This requirement applies regardless of | 38969 |
| whether the student was enrolled, as defined in division (E) of | 38970 |
| this section, in an alternative public provider, a registered | 38971 |
| private provider, or the school district during the week for which | 38972 |
| the formula ADM is being certified. | 38973 |
| (G)(1)(a) The superintendent of an institution operating a | 38974 |
| special education program pursuant to section 3323.091 of the | 38975 |
| Revised Code shall, for the programs under such superintendent's | 38976 |
| supervision, certify to the state board of education, in the | 38977 |
| manner prescribed by the superintendent of public instruction, | 38978 |
| both of the following: | 38979 |
| (i) The average daily membership of all children with | 38980 |
| disabilities other than preschool children with disabilities | 38981 |
| receiving services at the institution for each category of | 38982 |
| disability described in divisions (A) to (F) of section 3317.013 | 38983 |
| of the Revised Code; | 38984 |
| (ii) The average daily membership of all preschool children | 38985 |
| with disabilities in classes or programs approved annually by the | 38986 |
| department of education for unit funding under section 3317.05 of | 38987 |
| the Revised Code. | 38988 |
| (b) The superintendent of an institution with vocational | 38989 |
| education units approved under division (A) of section 3317.05 of | 38990 |
| the Revised Code shall, for the units under the superintendent's | 38991 |
| supervision, certify to the state board of education the average | 38992 |
| daily membership in those units, in the manner prescribed by the | 38993 |
| superintendent of public instruction. | 38994 |
| (2) The superintendent of each county MR/DD board that | 38995 |
| maintains special education classes under section 3317.20 of the | 38996 |
| Revised Code or units approved pursuant to section 3317.05 of the | 38997 |
| Revised Code shall do both of the following: | 38998 |
| (a) Certify to the state board, in the manner prescribed by | 38999 |
| the board, the average daily membership in classes under section | 39000 |
| 3317.20 of the Revised Code for each school district that has | 39001 |
| placed children in the classes; | 39002 |
| (b) Certify to the state board, in the manner prescribed by | 39003 |
| the board, the number of all preschool children with disabilities | 39004 |
| enrolled as of the first day of December in classes eligible for | 39005 |
| approval under division (B) of section 3317.05 of the Revised | 39006 |
| Code, and the number of those classes. | 39007 |
| (3)(a) If on the first school day of April the number of | 39008 |
| classes or units maintained for preschool children with | 39009 |
| disabilities by the county MR/DD board that are eligible for | 39010 |
| approval under division (B) of section 3317.05 of the Revised Code | 39011 |
| is greater than the number of units approved for the year under | 39012 |
| that division, the superintendent shall make the certification | 39013 |
| required by this section for that day. | 39014 |
| (b) If the department determines that additional classes or | 39015 |
| units can be approved for the fiscal year within any limitations | 39016 |
| set forth in the acts appropriating moneys for the funding of the | 39017 |
| classes and units described in division (G)(3)(a) of this section, | 39018 |
| the department shall approve and fund additional units for the | 39019 |
| fiscal year on the basis of such average daily membership. For | 39020 |
| each unit so approved, the department shall pay an amount computed | 39021 |
| in the manner prescribed in sections 3317.052 and 3317.053 of the | 39022 |
| Revised Code. | 39023 |
| (H) Except as provided in division (I) of this section, when | 39024 |
| any city, local, or exempted village school district provides | 39025 |
| instruction for a nonresident pupil whose attendance is | 39026 |
| unauthorized attendance as defined in section 3327.06 of the | 39027 |
| Revised Code, that pupil's membership shall not be included in | 39028 |
| that district's membership figure used in the calculation of that | 39029 |
| district's formula ADM or included in the determination of any | 39030 |
| unit approved for the district under section 3317.05 of the | 39031 |
| Revised Code. The reporting official shall report separately the | 39032 |
| average daily membership of all pupils whose attendance in the | 39033 |
| district is unauthorized attendance, and the membership of each | 39034 |
| such pupil shall be credited to the school district in which the | 39035 |
| pupil is entitled to attend school under division (B) of section | 39036 |
| 3313.64 or section 3313.65 of the Revised Code as determined by | 39037 |
| the department of education. | 39038 |
| (I)(1) A city, local, exempted village, or joint vocational | 39039 |
| school district admitting a scholarship student of a pilot project | 39040 |
| district pursuant to division (C) of section 3313.976 of the | 39041 |
| Revised Code may count such student in its average daily | 39042 |
| membership. | 39043 |
| (2) In any year for which funds are appropriated for pilot | 39044 |
| project scholarship programs, a school district implementing a | 39045 |
| state-sponsored pilot project scholarship program that year | 39046 |
| pursuant to sections 3313.974 to 3313.979 of the Revised Code may | 39047 |
| count in average daily membership: | 39048 |
| (a) All children residing in the district and utilizing a | 39049 |
| scholarship to attend kindergarten in any alternative school, as | 39050 |
| defined in section 3313.974 of the Revised Code; | 39051 |
| (b) All children who were enrolled in the district in the | 39052 |
| preceding year who are utilizing a scholarship to attend any such | 39053 |
| alternative school. | 39054 |
| (J) The superintendent of each cooperative education school | 39055 |
| district shall certify to the superintendent of public | 39056 |
| instruction, in a manner prescribed by the state board of | 39057 |
| education, the applicable average daily memberships for all | 39058 |
| students in the cooperative education district, also indicating | 39059 |
| the city, local, or exempted village district where each pupil is | 39060 |
| entitled to attend school under section 3313.64 or 3313.65 of the | 39061 |
| Revised Code. | 39062 |
| (K) If the superintendent of public instruction determines | 39063 |
| that a component of the formula ADM certified or reported by a | 39064 |
| district superintendent, or other reporting entity, is not | 39065 |
| correct, the superintendent of public instruction may order that | 39066 |
| the formula ADM used for the purposes of payments under any | 39067 |
| section of Title XXXIII of the Revised Code be adjusted in the | 39068 |
| amount of the error. | 39069 |
| Sec. 3317.063. The superintendent of public instruction, in | 39070 |
| accordance with rules adopted by the department of education, | 39071 |
| shall annually reimburse each chartered nonpublic school for the | 39072 |
| actual mandated service administrative and clerical costs incurred | 39073 |
| by such school during the preceding school year in preparing, | 39074 |
| maintaining, and filing reports, forms, and records, and in | 39075 |
| providing such other administrative and clerical services that are | 39076 |
| not an integral part of the teaching process as may be required by | 39077 |
| state law or rule or by requirements duly promulgated by city, | 39078 |
| exempted village, or local school districts. The mandated service | 39079 |
| costs reimbursed pursuant to this section shall include, but are | 39080 |
| not limited to, the preparation, filing and maintenance of forms, | 39081 |
| reports, or records and other clerical and administrative services | 39082 |
| relating to state chartering or approval of the nonpublic school, | 39083 |
| pupil attendance, pupil health and health testing, transportation | 39084 |
| of pupils, federally funded education programs, pupil appraisal, | 39085 |
| pupil progress, educator licensure, unemployment and workers' | 39086 |
| compensation, transfer of pupils, and such other education related | 39087 |
| data which are now or hereafter shall be required of such | 39088 |
| nonpublic school by state law or rule, or by requirements of the | 39089 |
| state department of education, other state agencies, or city, | 39090 |
| exempted village, or local school districts. | 39091 |
| The reimbursement required by this section shall be for | 39092 |
| school years beginning on or after July 1, 1981. | 39093 |
| Each nonpublic school which seeks reimbursement pursuant to | 39094 |
| this section shall submit to the superintendent of public | 39095 |
| instruction an application together with such additional reports | 39096 |
| and documents as the department of education may require. Such | 39097 |
| application, reports, and documents shall contain such information | 39098 |
| as the department of education may prescribe in order to carry out | 39099 |
| the purposes of this section. No payment shall be made until the | 39100 |
| superintendent of public instruction has approved such | 39101 |
| application. | 39102 |
| Each nonpublic school which applies for reimbursement | 39103 |
| pursuant to this section shall maintain a separate account or | 39104 |
| system of accounts for the expenses incurred in rendering the | 39105 |
| required services for which reimbursement is sought. Such accounts | 39106 |
| shall contain such information as is required by the department of | 39107 |
| education and shall be maintained in accordance with rules adopted | 39108 |
| by the department of education. | 39109 |
| Reimbursement payments to a nonpublic school pursuant to this | 39110 |
| section shall not exceed an amount for each school year equal to | 39111 |
| three hundred twenty-five dollars per pupil enrolled in that | 39112 |
| nonpublic school. | 39113 |
| The superintendent of public instruction may, from time to | 39114 |
| time, examine any and all accounts and records of a nonpublic | 39115 |
| school which have been maintained pursuant to this section in | 39116 |
| support of an application for reimbursement, for the purpose of | 39117 |
| determining the costs to such school of rendering the services for | 39118 |
| which reimbursement is sought. If after such audit it is | 39119 |
| determined that any school has received funds in excess of the | 39120 |
| actual cost of providing such services, said school shall | 39121 |
| immediately reimburse the state in such excess amount. | 39122 |
| Any payments made to chartered nonpublic schools under this | 39123 |
| section may be disbursed without submission to and approval of the | 39124 |
| controlling board. | 39125 |
| Sec. 3317.08. A board of education may admit to its schools | 39126 |
| a child it is not required by section 3313.64 or 3313.65 of the | 39127 |
| Revised Code to admit, if tuition is paid for the child. | 39128 |
| Unless otherwise provided by law, tuition shall be computed | 39129 |
| in accordance with this section. A district's tuition charge for a | 39130 |
| school year shall be one of the following: | 39131 |
| (A) For any child, except a preschool child with a | 39132 |
| disability described in division (B) of this section, the | 39133 |
| quotient obtained by dividing the sum of the amounts described in | 39134 |
| divisions (A)(1) and (2) of this section by the district's formula | 39135 |
| ADM. | 39136 |
| (1) The district's total taxes charged and payable for | 39137 |
| current expenses for the tax year preceding the tax year in which | 39138 |
| the school year begins as certified under division (A)(3) of | 39139 |
| section 3317.021 of the Revised Code. | 39140 |
| (2) The district's total taxes collected for current expenses | 39141 |
| under a school district income tax adopted pursuant to section | 39142 |
| 5748.03 or 5748.08 of the Revised Code that are disbursed to the | 39143 |
| district during the fiscal year, excluding any income tax receipts | 39144 |
| allocated for the project cost, debt service, or maintenance | 39145 |
| set-aside associated with a state-assisted classroom facilities | 39146 |
| project as authorized by section 3318.052 of the Revised Code. On | 39147 |
| or before the first day of June of each year, the tax commissioner | 39148 |
| shall certify the amount to be used in the calculation under this | 39149 |
| division for the next fiscal year to the department of education | 39150 |
| and the office of budget and management for each city, local, and | 39151 |
| exempted village school district that levies a school district | 39152 |
| income tax. | 39153 |
| (B) For any preschool child with a disability not included | 39154 |
| in a unit approved under division (B) of section 3317.05 of the | 39155 |
| Revised Code, an amount computed for the school year as follows: | 39156 |
| (1) For each type of special education service provided to | 39157 |
| the child for whom tuition is being calculated, determine the | 39158 |
| amount of the district's operating expenses in providing that type | 39159 |
| of service to all preschool children with disabilities not | 39160 |
| included in units approved under division (B) of section 3317.05 | 39161 |
| of the Revised Code; | 39162 |
| (2) For each type of special education service for which | 39163 |
| operating expenses are determined under division (B)(1) of this | 39164 |
| section, determine the amount of such operating expenses that was | 39165 |
| paid from any state funds received under this chapter; | 39166 |
| (3) For each type of special education service for which | 39167 |
| operating expenses are determined under division (B)(1) of this | 39168 |
| section, divide the difference between the amount determined under | 39169 |
| division (B)(1) of this section and the amount determined under | 39170 |
| division (B)(2) of this section by the total number of preschool | 39171 |
| children with disabilities not included in units approved under | 39172 |
| division (B) of section 3317.05 of the Revised Code who received | 39173 |
| that type of service; | 39174 |
| (4) Determine the sum of the quotients obtained under | 39175 |
| division (B)(3) of this section for all types of special education | 39176 |
| services provided to the child for whom tuition is being | 39177 |
| calculated. | 39178 |
| The state board of education shall adopt rules defining the | 39179 |
| types of special education services and specifying the operating | 39180 |
| expenses to be used in the computation under this section. | 39181 |
| If any child for whom a tuition charge is computed under this | 39182 |
| section for any school year is enrolled in a district for only | 39183 |
| part of that school year, the amount of the district's tuition | 39184 |
| charge for the child for the school year shall be computed in | 39185 |
| proportion to the number of school days the child is enrolled in | 39186 |
| the district during the school year. | 39187 |
| Except as otherwise provided in division (J) of section | 39188 |
| 3313.64 of the Revised Code, whenever a district admits a child to | 39189 |
| its schools for whom tuition computed in accordance with this | 39190 |
| section is an obligation of another school district, the amount of | 39191 |
| the tuition shall be certified by the treasurer of the board of | 39192 |
| education of the district of attendance, to the board of education | 39193 |
| of the district required to pay tuition for its approval and | 39194 |
| payment. If agreement as to the amount payable or the district | 39195 |
| required to pay the tuition cannot be reached, or the board of | 39196 |
| education of the district required to pay the tuition refuses to | 39197 |
| pay that amount, the board of education of the district of | 39198 |
| attendance shall notify the superintendent of public instruction. | 39199 |
| The superintendent shall determine the correct amount and the | 39200 |
| district required to pay the tuition and shall deduct that amount, | 39201 |
| if any, under division (G) of section 3317.023 of the Revised | 39202 |
| Code, from the district required to pay the tuition and add that | 39203 |
| amount to the amount allocated to the district attended under such | 39204 |
| division. The superintendent of public instruction shall send to | 39205 |
| the district required to pay the tuition an itemized statement | 39206 |
| showing such deductions at the time of such deduction. | 39207 |
| When a political subdivision owns and operates an airport, | 39208 |
| welfare, or correctional institution or other project or facility | 39209 |
| outside its corporate limits, the territory within which the | 39210 |
| facility is located is exempt from taxation by the school district | 39211 |
| within which such territory is located, and there are school age | 39212 |
| children residing within such territory, the political subdivision | 39213 |
| owning such tax exempt territory shall pay tuition to the district | 39214 |
| in which such children attend school. The tuition for these | 39215 |
| children shall be computed as provided for in this section. | 39216 |
| Sec. 3318.37. (A)(1) As used in this section: | 39217 |
| (a) "Large land area school district" means a school district | 39218 |
| with a territory of greater than three hundred square miles in any | 39219 |
| percentile as determined under section 3318.011 of the Revised | 39220 |
| Code. | 39221 |
| (b) "Low wealth school district" means a school district in | 39222 |
| the first through seventy-fifth percentiles as determined under | 39223 |
| section 3318.011 of the Revised Code. | 39224 |
| (c) A "school district with an exceptional need for immediate | 39225 |
| classroom facilities assistance" means a low wealth or large land | 39226 |
| area school district with an exceptional need for new facilities | 39227 |
| in order to protect the health and safety of all or a portion of | 39228 |
| its students. | 39229 |
| (2) | 39230 |
| 39231 | |
| 39232 | |
| 39233 | |
| 39234 | |
| 39235 | |
| 39236 | |
| 39237 | |
| 39238 |
| | 39239 |
| building assistance expedited local partnership program under | 39240 |
| section 3318.36 of the Revised Code shall receive assistance under | 39241 |
| the program established under this section unless the following | 39242 |
| conditions are satisfied: | 39243 |
| (a) The district board adopted a resolution certifying its | 39244 |
| intent to participate in the school building assistance expedited | 39245 |
| local partnership program under section 3318.36 of the Revised | 39246 |
| Code prior to September 14, 2000. | 39247 |
| (b) The district was selected by the Ohio school facilities | 39248 |
| commission for participation in the school building assistance | 39249 |
| expedited local partnership program under section 3318.36 of the | 39250 |
| Revised Code in the manner prescribed by the commission under that | 39251 |
| section as it existed prior to September 14, 2000. | 39252 |
| (B)(1) There is hereby established the exceptional needs | 39253 |
| school facilities assistance program. Under the program, the Ohio | 39254 |
| school facilities commission may set aside from the moneys | 39255 |
| annually appropriated to it for classroom facilities assistance | 39256 |
| projects up to twenty-five per cent for assistance to school | 39257 |
| districts with exceptional needs for immediate classroom | 39258 |
| facilities assistance. | 39259 |
| (2)(a) After consulting with education and construction | 39260 |
| experts, the commission shall adopt guidelines for identifying | 39261 |
| school districts with an exceptional need for immediate classroom | 39262 |
| facilities assistance. | 39263 |
| (b) The guidelines shall include application forms and | 39264 |
| instructions for school districts to use in applying for | 39265 |
| assistance under this section. | 39266 |
| (3) The commission shall evaluate the classroom facilities, | 39267 |
| and the need for replacement classroom facilities from the | 39268 |
| applications received under this section. The commission, | 39269 |
| utilizing the guidelines adopted under division (B)(2)(a) of this | 39270 |
| section, shall prioritize the school districts to be assessed. | 39271 |
| Notwithstanding section 3318.02 of the Revised Code, the | 39272 |
| commission may conduct on-site evaluation of the school districts | 39273 |
| prioritized under this section and approve and award funds until | 39274 |
| such time as all funds set aside under division (B)(1) of this | 39275 |
| section have been encumbered. However, the commission need not | 39276 |
| conduct the evaluation of facilities if the commission determines | 39277 |
| that a district's assessment conducted under section 3318.36 of | 39278 |
| the Revised Code is sufficient for purposes of this section. | 39279 |
| (4) Notwithstanding division (A) of section 3318.05 of the | 39280 |
| Revised Code, the school district's portion of the basic project | 39281 |
| cost under this section shall be the "required percentage of the | 39282 |
| basic project costs," as defined in division (K) of section | 39283 |
| 3318.01 of the Revised Code. | 39284 |
| (5) Except as otherwise specified in this section, any | 39285 |
| project undertaken with assistance under this section shall comply | 39286 |
| with all provisions of sections 3318.01 to 3318.20 of the Revised | 39287 |
| Code. A school district may receive assistance under sections | 39288 |
| 3318.01 to 3318.20 of the Revised Code for the remainder of the | 39289 |
| district's classroom facilities needs as assessed under this | 39290 |
| section when the district is eligible for such assistance pursuant | 39291 |
| to section 3318.02 of the Revised Code, but any classroom facility | 39292 |
| constructed with assistance under this section shall not be | 39293 |
| included in a district's project at that time unless the | 39294 |
| commission determines the district has experienced the increased | 39295 |
| enrollment specified in division (B)(1) of section 3318.04 of the | 39296 |
| Revised Code. | 39297 |
| (C) No school district shall receive assistance under this | 39298 |
| section for a classroom facility that has been included in the | 39299 |
| discrete part of the district's classroom facilities needs | 39300 |
| identified and addressed in the district's project pursuant to an | 39301 |
| agreement entered into under section 3318.36 of the Revised Code, | 39302 |
| unless the district's entire classroom facilities plan consists of | 39303 |
| only a single building designed to house grades kindergarten | 39304 |
| through twelve. | 39305 |
| Sec. 3318.44. (A) A joint vocational school district board of | 39306 |
| education may generate the school district's portion of the basic | 39307 |
| project cost of its project under sections 3318.40 to 3318.45 of | 39308 |
| the Revised Code using any combination of the following means if | 39309 |
| lawfully employed for the acquisition of classroom facilities: | 39310 |
| (1) The issuance of securities in accordance with Chapter | 39311 |
| 133. and section 3311.20 of the Revised Code; | 39312 |
| (2) Local donated contributions as authorized under section | 39313 |
| 3318.084 of the Revised Code; | 39314 |
| (3) A levy for permanent improvements under section 3311.21 | 39315 |
| or 5705.21 of the Revised Code; | 39316 |
| (4) Bonds issued pursuant to division (B) of this section. | 39317 |
| (B) By resolution adopted by a majority of all its members, a | 39318 |
| school district board, in order to pay all or part of the school | 39319 |
| district's portion of its basic project cost, may apply the | 39320 |
| proceeds of a tax levied under section 5705.21 of the Revised Code | 39321 |
| for general permanent improvements if the proceeds of that levy | 39322 |
| lawfully may be used for general construction, renovation, repair, | 39323 |
|
or maintenance of classroom facilities to | 39324 |
|
charges on and financing costs related to bonds
| 39325 |
| pay all or part of the school district portion of the basic | 39326 |
| project cost of the school district's project under sections | 39327 |
| 3318.40 to 3318.45 of the Revised Code or to generate an amount | 39328 |
| equivalent to all or part of the amount required under section | 39329 |
| 3318.43 of the Revised Code to be used for maintenance of | 39330 |
| classroom facilities acquired under the project. Bonds issued | 39331 |
| under this division shall be Chapter 133. securities, and may be | 39332 |
| issued as general obligation securities, but the issuance of the | 39333 |
| bonds shall not be subject to a vote of the electors of the school | 39334 |
| district as long as the tax proceeds earmarked for payment of the | 39335 |
| 39336 | |
| purpose. Such bonds shall not be included in the calculation of | 39337 |
| net indebtedness under section 133.06 of the Revised Code if the | 39338 |
| resolution authorizing their issuance includes covenants to | 39339 |
| appropriate annually, from lawfully available proceeds of a | 39340 |
| property tax levied under section 5705.21 of the Revised Code, and | 39341 |
| to continue to levy that tax in amounts necessary to pay the debt | 39342 |
| charges on and financing costs related to the bonds as they become | 39343 |
| due. No property tax levied under section 5705.21 of the Revised | 39344 |
| Code that is pledged, or that the school district has covenanted | 39345 |
| to levy, collect, and appropriate annually to pay the debt charges | 39346 |
| on and financing costs related to the bonds under this section may | 39347 |
| be repealed while those bonds are outstanding. If such a tax is | 39348 |
| reduced by electors of the district or by the board of education | 39349 |
| while the bonds are outstanding, the board of education shall | 39350 |
| continue to levy and collect the tax under the authority of the | 39351 |
| original election authorizing the tax at a rate in each year that | 39352 |
| the board reasonably estimates will produce an amount in that year | 39353 |
| equal to the debt charges on the bonds in that year. | 39354 |
| No state moneys shall be released for a project to which this | 39355 |
| division applies until the proceeds of any bonds issued under this | 39356 |
| division that are dedicated for payment of the school district's | 39357 |
| portion of the basic project cost are first deposited into the | 39358 |
| school district's project construction fund. | 39359 |
| (C) A school district board of education may adopt a | 39360 |
| resolution proposing that any of the following questions be | 39361 |
| combined with a question specified in section 3318.45 of the | 39362 |
| Revised Code: | 39363 |
| (1) A bond issue question under section 133.18 of the Revised | 39364 |
| Code; | 39365 |
| (2) A tax levy question under section 3311.21 of the Revised | 39366 |
| Code; | 39367 |
| (3) A tax levy question under section 5705.21 of the Revised | 39368 |
| Code. | 39369 |
| Any question described in divisions (C)(1) to (3) of this | 39370 |
| section that is combined with a question proposed under section | 39371 |
| 3318.45 of the Revised Code shall be for the purpose of either | 39372 |
| paying for any permanent improvement, as defined in section 133.01 | 39373 |
| of the Revised Code, or generating operating revenue specifically | 39374 |
| for the facilities acquired under the school district's project | 39375 |
| under Chapter 3318. of the Revised Code or for both to the extent | 39376 |
| such purposes are permitted by the sections of law under which | 39377 |
| each is proposed. | 39378 |
| (D) The board of education of a joint vocational school | 39379 |
| district that receives assistance under this section may enter | 39380 |
| into an agreement for joint issuance of bonds as provided for in | 39381 |
| section 3318.085 of the Revised Code. | 39382 |
| Sec. 3319.073. (A) The board of education of each city and | 39383 |
| exempted village school district and the governing board of each | 39384 |
| educational service center shall adopt or adapt the curriculum | 39385 |
|
developed by the department of education for, or shall develop | 39386 |
| consultation with public or private agencies or persons involved | 39387 |
| in child abuse prevention or intervention programs, a program of | 39388 |
|
in-service training | 39389 |
| 39390 | |
| 39391 | |
| prevention of child abuse, violence, and substance abuse and the | 39392 |
| promotion of positive youth development. Each person employed by | 39393 |
|
any school
district or service center to work in | 39394 |
| school as a nurse, teacher, counselor, school psychologist, or | 39395 |
| administrator shall complete at least four hours of the in-service | 39396 |
|
training | 39397 |
| 39398 | |
| years of commencing employment with the district or center, and | 39399 |
| every five years thereafter. A person who is employed by any | 39400 |
| school district or service center to work in an elementary school | 39401 |
| as a nurse, teacher, counselor, school psychologist, or | 39402 |
|
administrator on | 39403 |
| 2007, shall complete at least four hours of the in-service | 39404 |
|
training | 39405 |
| 39406 | |
| and every five years thereafter. A person who is employed by any | 39407 |
| school district or service center to work in a middle or high | 39408 |
| school as a nurse, teacher, counselor, school psychologist, or | 39409 |
| administrator on the effective date of this amendment shall | 39410 |
| complete at least four hours of the in-service training not later | 39411 |
| than two years after the effective date of this amendment and | 39412 |
| every five years thereafter. | 39413 |
| (B) Each board shall incorporate training in school safety | 39414 |
| and violence prevention into the in-service training required by | 39415 |
| division (A) of this section. For this purpose, the board shall | 39416 |
| adopt or adapt the curriculum developed by the department or shall | 39417 |
| develop its own curriculum in consultation with public or private | 39418 |
| agencies or persons involved in school safety and violence | 39419 |
| prevention programs. | 39420 |
| Sec. 3319.08. (A) The board of education of each city, | 39421 |
| exempted village, local, and joint vocational school district and | 39422 |
| the governing board of each educational service center shall enter | 39423 |
| into written contracts for the employment and reemployment of all | 39424 |
| teachers. Contracts for the employment of teachers shall be of two | 39425 |
| types, limited contracts and continuing contracts. The board of | 39426 |
|
each | 39427 |
| compensation in addition to the base salary stated in the | 39428 |
| teachers' salary schedule for the performance of duties by a | 39429 |
| teacher that are in addition to the teacher's regular teaching | 39430 |
| duties, shall enter into a supplemental written contract with each | 39431 |
| teacher who is to perform additional duties. Such supplemental | 39432 |
| written contracts shall be limited contracts. Such written | 39433 |
| contracts and supplemental written contracts shall set forth the | 39434 |
| teacher's duties and shall specify the salaries and compensation | 39435 |
| to be paid for regular teaching duties and additional teaching | 39436 |
| duties, respectively, either or both of which may be increased but | 39437 |
| not diminished during the term for which the contract is made, | 39438 |
| except as provided in section 3319.12 of the Revised Code. | 39439 |
| If a board adopts a motion or resolution to employ a teacher | 39440 |
| under a limited or continuing contract and the teacher accepts | 39441 |
| such employment, the failure of such parties to execute a written | 39442 |
| contract shall not void such employment contract. | 39443 |
| (B) Teachers must be paid for all time lost when the schools | 39444 |
| in which they are employed are closed due to an epidemic or other | 39445 |
| public calamity, and for time lost due to illness or otherwise for | 39446 |
| not less than five days annually as authorized by regulations | 39447 |
| which each board shall adopt. | 39448 |
| | 39449 |
| 39450 |
| | 39451 |
| (1) For a superintendent, a contract for such term as | 39452 |
| authorized by section 3319.01 of the Revised Code; | 39453 |
| (2) For an assistant superintendent, principal, assistant | 39454 |
| principal, or other administrator, a contract for such term as | 39455 |
| authorized by section 3319.02 of the Revised Code; | 39456 |
| (3) For all other teachers, a contract for a term not to | 39457 |
| exceed five years. | 39458 |
| | 39459 |
| effect until the teacher resigns, elects to retire, or is retired | 39460 |
| pursuant to former section 3307.37 of the Revised Code, or until | 39461 |
| it is terminated or suspended and shall be granted only to the | 39462 |
| following: | 39463 |
| (1) Any teacher holding a professional, permanent, or life | 39464 |
| teacher's certificate; | 39465 |
| (2) Any teacher | 39466 |
| meets the following conditions: | 39467 |
| (a) The teacher was initially issued a teacher's certificate | 39468 |
| or educator license prior to January 1, 2011. | 39469 |
| (b) The teacher holds a professional educator license issued | 39470 |
| under section 3319.22 or 3319.222 or former section 3319.22 of the | 39471 |
| Revised Code or a senior professional educator license or lead | 39472 |
| professional educator license issued under section 3319.22 of the | 39473 |
| Revised Code. | 39474 |
| (c) The teacher has completed the applicable one of the | 39475 |
| following: | 39476 |
| | 39477 |
| at the time of initially receiving a teacher's certificate under | 39478 |
| former law or an educator license, thirty semester hours of | 39479 |
| coursework in the area of licensure or in an area related to the | 39480 |
| teaching field since the initial issuance of such certificate or | 39481 |
| license, as specified in rules which the state board of education | 39482 |
| shall adopt; | 39483 |
| | 39484 |
| time of initially receiving a teacher's certificate under former | 39485 |
| law or an educator license, six semester hours of graduate | 39486 |
| coursework in the area of licensure or in an area related to the | 39487 |
| teaching field since the initial issuance of such certificate or | 39488 |
|
license, as specified in rules which the state board | 39489 |
| shall adopt. | 39490 |
| | 39491 |
| (a) The teacher never held a teacher's certificate and was | 39492 |
| initially issued an educator license on or after January 1, 2011. | 39493 |
| (b) The teacher holds a professional educator license, senior | 39494 |
| professional educator license, or lead professional educator | 39495 |
| license issued under section 3319.22 of the Revised Code. | 39496 |
| (c) The teacher has held an educator license for at least | 39497 |
| nine years. | 39498 |
| (d) The teacher has completed the applicable one of the | 39499 |
| following: | 39500 |
| (i) If the teacher did not hold a master's degree at the time | 39501 |
| of initially receiving an educator license, thirty semester hours | 39502 |
| of coursework in the area of licensure or in an area related to | 39503 |
| the teaching field since the initial issuance of that license, as | 39504 |
| specified in rules which the state board shall adopt; | 39505 |
| (ii) If the teacher held a master's degree at the time of | 39506 |
| initially receiving an educator license, six semester hours of | 39507 |
| graduate coursework in the area of licensure or in an area related | 39508 |
| to the teaching field since the initial issuance of that license, | 39509 |
| as specified in rules which the state board shall adopt. | 39510 |
| (E) Division (D) of this section applies only to continuing | 39511 |
|
contracts entered into on or after | 39512 |
| date of this amendment. Nothing in that division shall be | 39513 |
| construed to void or otherwise affect a continuing contract | 39514 |
| entered into prior to that date. | 39515 |
| Notwithstanding any provision to the contrary in Chapter | 39516 |
| 4117. of the Revised Code, the requirements of division (D)(3) of | 39517 |
| this section prevail over any conflicting provisions of a | 39518 |
| collective bargaining agreement entered into on or after the | 39519 |
| effective date of this amendment. | 39520 |
| (F) Wherever the term "educator license" is used in this | 39521 |
| section without reference to a specific type of educator license, | 39522 |
| the term does not include an educator license for substitute | 39523 |
| teaching issued under section 3319.226 of the Revised Code. | 39524 |
| Sec. 3319.088. As used in this section, "educational | 39525 |
| assistant" means any nonteaching employee in a school district who | 39526 |
| directly assists a teacher as defined in section 3319.09 of the | 39527 |
| Revised Code, by performing duties for which a license issued | 39528 |
| pursuant to sections 3319.22 to 3319.30 of the Revised Code is not | 39529 |
| required. | 39530 |
| (A) The state board of education shall issue educational aide | 39531 |
| permits and educational paraprofessional licenses for educational | 39532 |
| assistants and shall adopt rules for the issuance and renewal of | 39533 |
| such permits and licenses which shall be consistent with the | 39534 |
| provisions of this section. Educational aide permits and | 39535 |
| educational paraprofessional licenses may be of several types and | 39536 |
| the rules shall prescribe the minimum qualifications of education, | 39537 |
| health, and character for the service to be authorized under each | 39538 |
| type. The prescribed minimum qualifications may require special | 39539 |
| training or educational courses designed to qualify a person to | 39540 |
| perform effectively the duties authorized under an educational | 39541 |
| aide permit or educational paraprofessional license. | 39542 |
| (B)(1) Any application for a permit or license, or a renewal | 39543 |
| or duplicate of a permit or license, under this section shall be | 39544 |
| accompanied by the payment of a fee in the amount established | 39545 |
| under division (A) of section 3319.51 of the Revised Code. Any | 39546 |
| fees received under this division shall be paid into the state | 39547 |
| treasury to the credit of the state board of education licensure | 39548 |
| fund established under division (B) of section 3319.51 of the | 39549 |
| Revised Code. | 39550 |
| (2) Any person applying for or holding a permit or license | 39551 |
| pursuant to this section is subject to sections 3123.41 to 3123.50 | 39552 |
| of the Revised Code and any applicable rules adopted under section | 39553 |
| 3123.63 of the Revised Code and sections 3319.31 and 3319.311 of | 39554 |
| the Revised Code. | 39555 |
| (C) Educational assistants shall at all times while in the | 39556 |
| performance of their duties be under the supervision and direction | 39557 |
| of a teacher as defined in section 3319.09 of the Revised Code. | 39558 |
| Educational assistants may assist a teacher to whom assigned in | 39559 |
| the supervision of pupils, in assisting with instructional tasks, | 39560 |
| and in the performance of duties which, in the judgment of the | 39561 |
| teacher to whom the assistant is assigned, may be performed by a | 39562 |
| person not licensed pursuant to sections 3319.22 to 3319.30 of the | 39563 |
| Revised Code and for which a teaching license, issued pursuant to | 39564 |
| sections 3319.22 to 3319.30 of the Revised Code is not required. | 39565 |
| The duties of an educational assistant shall not include the | 39566 |
| assignment of grades to pupils. The duties of an educational | 39567 |
| 39568 | |
| presence of the teacher to whom assigned, but the activity of an | 39569 |
| educational assistant shall at all times be under the direction of | 39570 |
| the teacher to whom assigned. The assignment of an educational | 39571 |
| assistant need not be limited to assisting a single teacher. In | 39572 |
| the event an educational assistant is assigned to assist more than | 39573 |
| one teacher the assignments shall be clearly delineated and so | 39574 |
| arranged that the educational assistant shall never be subject to | 39575 |
| simultaneous supervision or direction by more than one teacher. | 39576 |
| Educational assistants assigned to supervise children shall, | 39577 |
| when the teacher to whom assigned is not physically present, | 39578 |
|
maintain the degree of control and discipline | 39579 |
| maintained by the teacher, but an educational assistant may not | 39580 |
| render corporal punishment. | 39581 |
| Except when expressly permitted solely for the purposes of | 39582 |
| section 3317.029 of the Revised Code, educational assistants may | 39583 |
| not be used in place of classroom teachers or other employees and | 39584 |
| any payment of compensation by boards of education to educational | 39585 |
| assistants for such services is prohibited. The ratio between the | 39586 |
| number of licensed teachers and the pupils in a school district | 39587 |
| may not be decreased by utilization of educational assistants and | 39588 |
| no grouping, or other organization of pupils, for utilization of | 39589 |
| educational assistants shall be established which is inconsistent | 39590 |
| with sound educational practices and procedures. A school | 39591 |
| district may employ up to one full time equivalent educational | 39592 |
| assistant for each six full time equivalent licensed employees | 39593 |
| of the district. Educational assistants shall not be counted as | 39594 |
| licensed employees for purposes of state support in the school | 39595 |
| foundation program and no grouping or regrouping of pupils with | 39596 |
| educational assistants may be counted as a class or unit for | 39597 |
| school foundation program purposes. Neither special courses | 39598 |
| required by the regulations of the state board of education, | 39599 |
| prescribing minimum qualifications of education for an | 39600 |
| educational assistant, nor years of service as an educational | 39601 |
| assistant shall be counted in any way toward qualifying for a | 39602 |
| teacher license, for a teacher contract of any type, or for | 39603 |
| determining placement on a salary schedule in a school district | 39604 |
| as a teacher. | 39605 |
| (D) Educational assistants employed by a board of education | 39606 |
| shall have all rights, benefits, and legal protection available to | 39607 |
| other nonteaching employees in the school district, except that | 39608 |
| provisions of Chapter 124. of the Revised Code shall not apply to | 39609 |
| any person employed as an educational assistant, and shall be | 39610 |
| members of the school employees retirement system. Educational | 39611 |
| assistants shall be compensated according to a salary plan adopted | 39612 |
| annually by the board. | 39613 |
| Except as provided in this section nonteaching employees | 39614 |
| shall not serve as educational assistants without first obtaining | 39615 |
| an appropriate educational aide permit or educational | 39616 |
| paraprofessional license from the state board of education. A | 39617 |
| nonteaching employee who is the holder of a valid educational aide | 39618 |
| permit or educational paraprofessional license shall neither | 39619 |
| render nor be required to render services inconsistent with the | 39620 |
| type of services authorized by the permit or license held. No | 39621 |
| person shall receive compensation from a board of education for | 39622 |
| services rendered as an educational assistant in violation of this | 39623 |
| provision. | 39624 |
| Nonteaching employees whose functions are solely | 39625 |
| secretarial-clerical and who do not perform any other duties as | 39626 |
| educational assistants, even though they assist a teacher and work | 39627 |
| under the direction of a teacher shall not be required to hold a | 39628 |
| permit or license issued pursuant to this section. Students | 39629 |
| preparing to become licensed teachers or educational assistants | 39630 |
| shall not be required to hold an educational aide permit or | 39631 |
| paraprofessional license for such periods of time as such students | 39632 |
| are assigned, as part of their training program, to work with a | 39633 |
| teacher in a school district. Such students shall not be | 39634 |
| compensated for such services. | 39635 |
| Following the determination of the assignment and general job | 39636 |
| description of an educational assistant and subject to supervision | 39637 |
| by the teacher's immediate administrative officer, a teacher to | 39638 |
| whom an educational assistant is assigned shall make all final | 39639 |
| determinations of the duties to be assigned to such assistant. | 39640 |
| Teachers shall not be required to hold a license designated for | 39641 |
| being a supervisor or administrator in order to perform the | 39642 |
| necessary supervision of educational assistants. | 39643 |
| (E) No person who is, or who has been employed as an | 39644 |
| educational assistant shall divulge, except to the teacher to whom | 39645 |
| assigned, or the administrator of the school in the absence of the | 39646 |
| teacher to whom assigned, or when required to testify in a court | 39647 |
| or proceedings, any personal information concerning any pupil in | 39648 |
| the school district which was obtained or obtainable by the | 39649 |
| educational assistant while so employed. Violation of this | 39650 |
| provision is grounds for disciplinary action or dismissal, or | 39651 |
| both. | 39652 |
| Sec. 3319.11. (A) As used in this section: | 39653 |
| (1) "Evaluation procedures" means the procedures adopted | 39654 |
| pursuant to division (B) of section 3319.111 of the Revised Code. | 39655 |
| (2) "Limited contract" means a limited contract, as described | 39656 |
| in section 3319.08 of the Revised Code, that a school district | 39657 |
| board of education or governing board of an educational service | 39658 |
| center enters into with a teacher who is not eligible for | 39659 |
| continuing service status. | 39660 |
| (3) "Extended limited contract" means a limited contract, as | 39661 |
| described in section 3319.08 of the Revised Code, that a board of | 39662 |
| education or governing board enters into with a teacher who is | 39663 |
| eligible for continuing service status. | 39664 |
| (B) Teachers eligible for continuing service status in any | 39665 |
| city, exempted village, local, or joint vocational school district | 39666 |
| or educational service center shall be those teachers qualified as | 39667 |
|
described in division | 39668 |
| Revised Code, who within the last five years have taught for at | 39669 |
| least three years in the district or center, and those teachers | 39670 |
| who, having attained continuing contract status elsewhere, have | 39671 |
| served two years in the district or center, but the board, upon | 39672 |
| the recommendation of the superintendent, may at the time of | 39673 |
| employment or at any time within such two-year period, declare any | 39674 |
| of the latter teachers eligible. | 39675 |
| (1) Upon the recommendation of the superintendent that a | 39676 |
| teacher eligible for continuing service status be reemployed, a | 39677 |
| continuing contract shall be entered into between the board and | 39678 |
| the teacher unless the board by a three-fourths vote of its full | 39679 |
| membership rejects the recommendation of the superintendent. If | 39680 |
| the board rejects by a three-fourths vote of its full membership | 39681 |
| the recommendation of the superintendent that a teacher eligible | 39682 |
| for continuing service status be reemployed and the superintendent | 39683 |
| makes no recommendation to the board pursuant to division (C) of | 39684 |
| this section, the board may declare its intention not to reemploy | 39685 |
| the teacher by giving the teacher written notice on or before the | 39686 |
| thirtieth day of April of its intention not to reemploy the | 39687 |
| teacher. If evaluation procedures have not been complied with | 39688 |
| pursuant to division (A) of section 3319.111 of the Revised Code | 39689 |
| or the board does not give the teacher written notice on or before | 39690 |
| the thirtieth day of April of its intention not to reemploy the | 39691 |
| teacher, the teacher is deemed reemployed under an extended | 39692 |
| limited contract for a term not to exceed one year at the same | 39693 |
| salary plus any increment provided by the salary schedule. The | 39694 |
| teacher is presumed to have accepted employment under the extended | 39695 |
| limited contract for a term not to exceed one year unless such | 39696 |
| teacher notifies the board in writing to the contrary on or before | 39697 |
| the first day of June, and an extended limited contract for a term | 39698 |
| not to exceed one year shall be executed accordingly. Upon any | 39699 |
| subsequent reemployment of the teacher only a continuing contract | 39700 |
| may be entered into. | 39701 |
| (2) If the superintendent recommends that a teacher eligible | 39702 |
| for continuing service status not be reemployed, the board may | 39703 |
| declare its intention not to reemploy the teacher by giving the | 39704 |
| teacher written notice on or before the thirtieth day of April of | 39705 |
| its intention not to reemploy the teacher. If evaluation | 39706 |
| procedures have not been complied with pursuant to division (A) of | 39707 |
| section 3319.111 of the Revised Code or the board does not give | 39708 |
| the teacher written notice on or before the thirtieth day of April | 39709 |
| of its intention not to reemploy the teacher, the teacher is | 39710 |
| deemed reemployed under an extended limited contract for a term | 39711 |
| not to exceed one year at the same salary plus any increment | 39712 |
| provided by the salary schedule. The teacher is presumed to have | 39713 |
| accepted employment under the extended limited contract for a term | 39714 |
| not to exceed one year unless such teacher notifies the board in | 39715 |
| writing to the contrary on or before the first day of June, and an | 39716 |
| extended limited contract for a term not to exceed one year shall | 39717 |
| be executed accordingly. Upon any subsequent reemployment of a | 39718 |
| teacher only a continuing contract may be entered into. | 39719 |
| (3) Any teacher receiving written notice of the intention of | 39720 |
| a board not to reemploy such teacher pursuant to this division is | 39721 |
| entitled to the hearing provisions of division (G) of this | 39722 |
| section. | 39723 |
| (C)(1) If a board rejects the recommendation of the | 39724 |
| superintendent for reemployment of a teacher pursuant to division | 39725 |
| (B)(1) of this section, the superintendent may recommend | 39726 |
| reemployment of the teacher, if continuing service status has not | 39727 |
| previously been attained elsewhere, under an extended limited | 39728 |
| contract for a term not to exceed two years, provided that written | 39729 |
| notice of the superintendent's intention to make such | 39730 |
| recommendation has been given to the teacher with reasons directed | 39731 |
| at the professional improvement of the teacher on or before the | 39732 |
| thirtieth day of April. Upon subsequent reemployment of the | 39733 |
| teacher only a continuing contract may be entered into. | 39734 |
| (2) If a board of education takes affirmative action on a | 39735 |
| superintendent's recommendation, made pursuant to division (C)(1) | 39736 |
| of this section, of an extended limited contract for a term not to | 39737 |
| exceed two years but the board does not give the teacher written | 39738 |
| notice of its affirmative action on the superintendent's | 39739 |
| recommendation of an extended limited contract on or before the | 39740 |
| thirtieth day of April, the teacher is deemed reemployed under a | 39741 |
| continuing contract at the same salary plus any increment provided | 39742 |
| by the salary schedule. The teacher is presumed to have accepted | 39743 |
| employment under such continuing contract unless such teacher | 39744 |
| notifies the board in writing to the contrary on or before the | 39745 |
| first day of June, and a continuing contract shall be executed | 39746 |
| accordingly. | 39747 |
| (3) A board shall not reject a superintendent's | 39748 |
| recommendation, made pursuant to division (C)(1) of this section, | 39749 |
| of an extended limited contract for a term not to exceed two years | 39750 |
| except by a three-fourths vote of its full membership. If a board | 39751 |
| rejects by a three-fourths vote of its full membership the | 39752 |
| recommendation of the superintendent of an extended limited | 39753 |
| contract for a term not to exceed two years, the board may declare | 39754 |
| its intention not to reemploy the teacher by giving the teacher | 39755 |
| written notice on or before the thirtieth day of April of its | 39756 |
| intention not to reemploy the teacher. If evaluation procedures | 39757 |
| have not been complied with pursuant to division (A) of section | 39758 |
| 3319.111 of the Revised Code or if the board does not give the | 39759 |
| teacher written notice on or before the thirtieth day of April of | 39760 |
| its intention not to reemploy the teacher, the teacher is deemed | 39761 |
| reemployed under an extended limited contract for a term not to | 39762 |
| exceed one year at the same salary plus any increment provided by | 39763 |
| the salary schedule. The teacher is presumed to have accepted | 39764 |
| employment under the extended limited contract for a term not to | 39765 |
| exceed one year unless such teacher notifies the board in writing | 39766 |
| to the contrary on or before the first day of June, and an | 39767 |
| extended limited contract for a term not to exceed one year shall | 39768 |
| be executed accordingly. Upon any subsequent reemployment of the | 39769 |
| teacher only a continuing contract may be entered into. | 39770 |
| Any teacher receiving written notice of the intention of a | 39771 |
| board not to reemploy such teacher pursuant to this division is | 39772 |
| entitled to the hearing provisions of division (G) of this | 39773 |
| section. | 39774 |
| (D) A teacher eligible for continuing contract status | 39775 |
| employed under an extended limited contract pursuant to division | 39776 |
| (B) or (C) of this section, is, at the expiration of such extended | 39777 |
| limited contract, deemed reemployed under a continuing contract at | 39778 |
| the same salary plus any increment granted by the salary schedule, | 39779 |
| unless evaluation procedures have been complied with pursuant to | 39780 |
| division (A) of section 3319.111 of the Revised Code and the | 39781 |
| employing board, acting on the superintendent's recommendation | 39782 |
| that the teacher not be reemployed, gives the teacher written | 39783 |
| notice on or before the thirtieth day of April of its intention | 39784 |
| not to reemploy such teacher. A teacher who does not have | 39785 |
| evaluation procedures applied in compliance with division (A) of | 39786 |
| section 3319.111 of the Revised Code or who does not receive | 39787 |
| notice on or before the thirtieth day of April of the intention of | 39788 |
| the board not to reemploy such teacher is presumed to have | 39789 |
| accepted employment under a continuing contract unless such | 39790 |
| teacher notifies the board in writing to the contrary on or before | 39791 |
| the first day of June, and a continuing contract shall be executed | 39792 |
| accordingly. | 39793 |
| Any teacher receiving a written notice of the intention of a | 39794 |
| board not to reemploy such teacher pursuant to this division is | 39795 |
| entitled to the hearing provisions of division (G) of this | 39796 |
| section. | 39797 |
| (E) A limited contract may be entered into by each board with | 39798 |
| each teacher who has not been in the employ of the board for at | 39799 |
| least three years and shall be entered into, regardless of length | 39800 |
| of previous employment, with each teacher employed by the board | 39801 |
|
who | 39802 |
| 39803 | |
| for a continuing contract. | 39804 |
| Any teacher employed under a limited contract, and not | 39805 |
| eligible to be considered for a continuing contract, is, at the | 39806 |
| expiration of such limited contract, considered reemployed under | 39807 |
| the provisions of this division at the same salary plus any | 39808 |
| increment provided by the salary schedule unless evaluation | 39809 |
| procedures have been complied with pursuant to division (A) of | 39810 |
| section 3319.111 of the Revised Code and the employing board, | 39811 |
| acting upon the superintendent's written recommendation that the | 39812 |
| teacher not be reemployed, gives such teacher written notice of | 39813 |
| its intention not to reemploy such teacher on or before the | 39814 |
| thirtieth day of April. A teacher who does not have evaluation | 39815 |
| procedures applied in compliance with division (A) of section | 39816 |
| 3319.111 of the Revised Code or who does not receive notice of the | 39817 |
| intention of the board not to reemploy such teacher on or before | 39818 |
| the thirtieth day of April is presumed to have accepted such | 39819 |
| employment unless such teacher notifies the board in writing to | 39820 |
| the contrary on or before the first day of June, and a written | 39821 |
| contract for the succeeding school year shall be executed | 39822 |
| accordingly. | 39823 |
| Any teacher receiving a written notice of the intention of a | 39824 |
| board not to reemploy such teacher pursuant to this division is | 39825 |
| entitled to the hearing provisions of division (G) of this | 39826 |
| section. | 39827 |
| (F) The failure of a superintendent to make a recommendation | 39828 |
| to the board under any of the conditions set forth in divisions | 39829 |
| (B) to (E) of this section, or the failure of the board to give | 39830 |
| such teacher a written notice pursuant to divisions (C) to (E) of | 39831 |
| this section shall not prejudice or prevent a teacher from being | 39832 |
| deemed reemployed under either a limited or continuing contract as | 39833 |
| the case may be under the provisions of this section. A failure of | 39834 |
| the parties to execute a written contract shall not void any | 39835 |
| automatic reemployment provisions of this section. | 39836 |
| (G)(1) Any teacher receiving written notice of the intention | 39837 |
| of a board of education not to reemploy such teacher pursuant to | 39838 |
| division (B), (C)(3), (D), or (E) of this section may, within ten | 39839 |
| days of the date of receipt of the notice, file with the treasurer | 39840 |
| of the board a written demand for a written statement describing | 39841 |
| the circumstances that led to the board's intention not to | 39842 |
| reemploy the teacher. | 39843 |
| (2) The treasurer of a board, on behalf of the board, shall, | 39844 |
| within ten days of the date of receipt of a written demand for a | 39845 |
| written statement pursuant to division (G)(1) of this section, | 39846 |
| provide to the teacher a written statement describing the | 39847 |
| circumstances that led to the board's intention not to reemploy | 39848 |
| the teacher. | 39849 |
| (3) Any teacher receiving a written statement describing the | 39850 |
| circumstances that led to the board's intention not to reemploy | 39851 |
| the teacher pursuant to division (G)(2) of this section may, | 39852 |
| within five days of the date of receipt of the statement, file | 39853 |
| with the treasurer of the board a written demand for a hearing | 39854 |
| before the board pursuant to divisions (G)(4) to (6) of this | 39855 |
| section. | 39856 |
| (4) The treasurer of a board, on behalf of the board, shall, | 39857 |
| within ten days of the date of receipt of a written demand for a | 39858 |
| hearing pursuant to division (G)(3) of this section, provide to | 39859 |
| the teacher a written notice setting forth the time, date, and | 39860 |
| place of the hearing. The board shall schedule and conclude the | 39861 |
| hearing within forty days of the date on which the treasurer of | 39862 |
| the board receives a written demand for a hearing pursuant to | 39863 |
| division (G)(3) of this section. | 39864 |
| (5) Any hearing conducted pursuant to this division shall be | 39865 |
| conducted by a majority of the members of the board. The hearing | 39866 |
| shall be held in executive session of the board unless the board | 39867 |
| and the teacher agree to hold the hearing in public. The | 39868 |
| superintendent, assistant superintendent, the teacher, and any | 39869 |
| person designated by either party to take a record of the hearing | 39870 |
| may be present at the hearing. The board may be represented by | 39871 |
| counsel and the teacher may be represented by counsel or a | 39872 |
| designee. A record of the hearing may be taken by either party at | 39873 |
| the expense of the party taking the record. | 39874 |
| (6) Within ten days of the conclusion of a hearing conducted | 39875 |
| pursuant to this division, the board shall issue to the teacher a | 39876 |
| written decision containing an order affirming the intention of | 39877 |
| the board not to reemploy the teacher reported in the notice given | 39878 |
| to the teacher pursuant to division (B), (C)(3), (D), or (E) of | 39879 |
| this section or an order vacating the intention not to reemploy | 39880 |
| and expunging any record of the intention, notice of the | 39881 |
| intention, and the hearing conducted pursuant to this division. | 39882 |
| (7) A teacher may appeal an order affirming the intention of | 39883 |
| the board not to reemploy the teacher to the court of common pleas | 39884 |
| of the county in which the largest portion of the territory of the | 39885 |
| school district or service center is located, within thirty days | 39886 |
| of the date on which the teacher receives the written decision, on | 39887 |
| the grounds that the board has not complied with this section | 39888 |
| 39889 |
| Notwithstanding section 2506.04 of the Revised Code, the | 39890 |
| court in an appeal under this division is limited to the | 39891 |
| determination of procedural errors and to ordering the correction | 39892 |
| of procedural errors and shall have no jurisdiction to order a | 39893 |
| board to reemploy a teacher, except that the court may order a | 39894 |
| board to reemploy a teacher in compliance with the requirements of | 39895 |
| division (B), (C)(3), (D), or (E) of this section when the court | 39896 |
| determines that evaluation procedures have not been complied with | 39897 |
| pursuant to division (A) of section 3319.111 of the Revised Code | 39898 |
| or the board has not given the teacher written notice on or before | 39899 |
| the thirtieth day of April of its intention not to reemploy the | 39900 |
| teacher pursuant to division (B), (C)(3), (D), or (E) of this | 39901 |
| section. Otherwise, the determination whether to reemploy or not | 39902 |
| reemploy a teacher is solely a board's determination and not a | 39903 |
| proper subject of judicial review and, except as provided in this | 39904 |
| division, no decision of a board whether to reemploy or not | 39905 |
| reemploy a teacher shall be invalidated by the court on any basis, | 39906 |
| including that the decision was not warranted by the results of | 39907 |
| any evaluation or was not warranted by any statement given | 39908 |
| pursuant to division (G)(2) of this section. | 39909 |
| No appeal of an order of a board may be made except as | 39910 |
| specified in this division. | 39911 |
| (H)(1) In giving a teacher any notice required by division | 39912 |
| (B), (C), (D), or (E) of this section, the board or the | 39913 |
| superintendent shall do either of the following: | 39914 |
| (a) Deliver the notice by personal service upon the teacher; | 39915 |
| (b) Deliver the notice by certified mail, return receipt | 39916 |
| requested, addressed to the teacher at the teacher's place of | 39917 |
| employment and deliver a copy of the notice by certified mail, | 39918 |
| return receipt requested, addressed to the teacher at the | 39919 |
| teacher's place of residence. | 39920 |
| (2) In giving a board any notice required by division (B), | 39921 |
| (C), (D), or (E) of this section, the teacher shall do either of | 39922 |
| the following: | 39923 |
| (a) Deliver the notice by personal delivery to the office of | 39924 |
| the superintendent during regular business hours; | 39925 |
| (b) Deliver the notice by certified mail, return receipt | 39926 |
| requested, addressed to the office of the superintendent and | 39927 |
| deliver a copy of the notice by certified mail, return receipt | 39928 |
| requested, addressed to the president of the board at the | 39929 |
| president's place of residence. | 39930 |
| (3) When any notice and copy of the notice are mailed | 39931 |
| pursuant to division (H)(1)(b) or (2)(b) of this section, the | 39932 |
| notice or copy of the notice with the earlier date of receipt | 39933 |
| shall constitute the notice for the purposes of division (B), (C), | 39934 |
| (D), or (E) of this section. | 39935 |
| (I) The provisions of this section shall not apply to any | 39936 |
| supplemental written contracts entered into pursuant to section | 39937 |
| 3319.08 of the Revised Code. | 39938 |
| Sec. 3319.16. The contract of any teacher employed by the | 39939 |
| board of education of any city, exempted village, local, county, | 39940 |
| or joint vocational school district may not be terminated except | 39941 |
| for gross inefficiency or immorality; for willful and persistent | 39942 |
| violations of reasonable violation of written rules and | 39943 |
|
regulations | 39944 |
| 39945 | |
| drunkenness, immoral conduct, insubordination, discourteous | 39946 |
| treatment of the public, neglect of duty, or any other acts of | 39947 |
|
misfeasance, malfeasance, or nonfeasance. | 39948 |
| any provision to the contrary in Chapter 4117. of the Revised | 39949 |
| Code, the provisions of this section relating to the grounds for | 39950 |
| termination of the contract of a teacher prevail over any | 39951 |
| conflicting provisions of a collective bargaining agreement | 39952 |
| entered into after the effective date of this amendment. | 39953 |
| Before terminating any contract, the employing board shall | 39954 |
| furnish the teacher a written notice signed by its treasurer of | 39955 |
|
its intention to consider the
termination of | 39956 |
| contract with full specification of the grounds for such | 39957 |
| consideration. The board shall not proceed with formal action to | 39958 |
| terminate the contract until after the tenth day after receipt of | 39959 |
| the notice by the teacher. Within ten days after receipt of the | 39960 |
| notice from the treasurer of the board, the teacher may file with | 39961 |
| the treasurer a written demand for a hearing before the board or | 39962 |
| before a referee, and the board shall set a time for the hearing | 39963 |
| which shall be within thirty days from the date of receipt of the | 39964 |
| written demand, and the treasurer shall give the teacher at least | 39965 |
| twenty days' notice in writing of the time and place of the | 39966 |
| hearing. If a referee is demanded by either the teacher or board, | 39967 |
| the treasurer also shall give twenty days' notice to the | 39968 |
| superintendent of public instruction. No hearing shall be held | 39969 |
| during the summer vacation without the teacher's consent. The | 39970 |
| hearing shall be private unless the teacher requests a public | 39971 |
| hearing. The hearing shall be conducted by a referee appointed | 39972 |
| pursuant to section 3319.161 of the Revised Code, if demanded; | 39973 |
| otherwise, it shall be conducted by a majority of the members of | 39974 |
| the board and shall be confined to the grounds given for the | 39975 |
| termination. The board shall provide for a complete stenographic | 39976 |
| record of the proceedings, a copy of the record to be furnished to | 39977 |
| the teacher. The board may suspend a teacher pending final action | 39978 |
|
to terminate | 39979 |
| character of the charges warrants such action. | 39980 |
| Both parties may be present at such hearing, be represented | 39981 |
| by counsel, require witnesses to be under oath, cross-examine | 39982 |
| witnesses, take a record of the proceedings, and require the | 39983 |
| presence of witnesses in their behalf upon subpoena to be issued | 39984 |
| by the treasurer of the board. In case of the failure of any | 39985 |
| person to comply with a subpoena, a judge of the court of common | 39986 |
| pleas of the county in which the person resides, upon application | 39987 |
| of any interested party, shall compel attendance of the person by | 39988 |
| attachment proceedings as for contempt. Any member of the board or | 39989 |
| the referee may administer oaths to witnesses. After a hearing by | 39990 |
|
a referee, the referee shall file | 39991 |
| after the termination of the hearing. After consideration of the | 39992 |
| referee's report, the board, by a majority vote, may accept or | 39993 |
| reject the referee's recommendation on the termination of the | 39994 |
| teacher's contract. After a hearing by the board, the board, by | 39995 |
| majority vote, may enter its determination upon its minutes. Any | 39996 |
| order of termination of a contract shall state the grounds for | 39997 |
| termination. If the decision, after hearing, is against | 39998 |
| termination of the contract, the charges and the record of the | 39999 |
| hearing shall be physically expunged from the minutes, and, if the | 40000 |
| teacher has suffered any loss of salary by reason of being | 40001 |
|
suspended, | 40002 |
| salary for the period of such suspension. | 40003 |
| Any teacher affected by an order of termination of contract | 40004 |
| may appeal to the court of common pleas of the county in which the | 40005 |
| school is located within thirty days after receipt of notice of | 40006 |
| the entry of such order. The appeal shall be an original action in | 40007 |
| the court and shall be commenced by the filing of a complaint | 40008 |
| against the board, in which complaint the facts shall be alleged | 40009 |
| upon which the teacher relies for a reversal or modification of | 40010 |
| such order of termination of contract. Upon service or waiver of | 40011 |
| summons in that appeal, the board immediately shall transmit to | 40012 |
| the clerk of the court for filing a transcript of the original | 40013 |
| papers filed with the board, a certified copy of the minutes of | 40014 |
| the board into which the termination finding was entered, and a | 40015 |
| certified transcript of all evidence adduced at the hearing or | 40016 |
| hearings before the board or a certified transcript of all | 40017 |
| evidence adduced at the hearing or hearings before the referee, | 40018 |
| whereupon the cause shall be at issue without further pleading and | 40019 |
| shall be advanced and heard without delay. The court shall examine | 40020 |
| the transcript and record of the hearing and shall hold such | 40021 |
| additional hearings as it considers advisable, at which it may | 40022 |
| consider other evidence in addition to the transcript and record. | 40023 |
| Upon final hearing, the court shall grant or deny the relief | 40024 |
| prayed for in the complaint as may be proper in accordance with | 40025 |
| the evidence adduced in the hearing. Such an action is a special | 40026 |
| proceeding, and either the teacher or the board may appeal from | 40027 |
| the decision of the court of common pleas pursuant to the Rules of | 40028 |
| Appellate Procedure and, to the extent not in conflict with those | 40029 |
| rules, Chapter 2505. of the Revised Code. | 40030 |
| In any court action, the board may utilize the services of | 40031 |
| the prosecuting attorney, village solicitor, city director of law, | 40032 |
| or other chief legal officer of a municipal corporation as | 40033 |
| authorized by section 3313.35 of the Revised Code, or may employ | 40034 |
| other legal counsel. | 40035 |
| A violation of division (A)(7) of section 2907.03 of the | 40036 |
| Revised Code is grounds for termination of a teacher contract | 40037 |
| under this section. | 40038 |
| Sec. 3319.161. For the purpose of providing referees for the | 40039 |
| hearings required by section 3319.16 of the Revised Code, the | 40040 |
| superintendent of public instruction shall compile a list of | 40041 |
|
resident electors from names that | 40042 |
| solicit annually from the state bar association. | 40043 |
| Upon receipt of notice that a referee has been demanded by a | 40044 |
| teacher or by a board of education, the superintendent of public | 40045 |
| instruction shall immediately designate three persons from such | 40046 |
| list, from whom the referee to hear the matter shall be chosen, | 40047 |
|
and | 40048 |
| the teacher, and the board of the school district involved. If | 40049 |
| within five days of receipt of the notice, the teacher and board | 40050 |
| are unable to select a mutually agreeable designee to serve as | 40051 |
| referee, the superintendent of public instruction shall appoint | 40052 |
| one of the three designees to serve as referee. The appointment of | 40053 |
| the referee shall be entered in the minutes of the board. The | 40054 |
|
referee appointed shall be paid | 40055 |
| customary fee for attending the hearing which shall be paid from | 40056 |
| the school district general fund upon vouchers approved by the | 40057 |
| superintendent of public instruction and presented to the | 40058 |
| treasurer of the district. No referee shall be a member of, an | 40059 |
| employee of, or teacher employed by the board of education nor | 40060 |
|
related to any such person by consanguinity or marriage. | 40061 |
| 40062 | |
| 40063 |
| Sec. 3319.22. (A)(1) The state board of education shall | 40064 |
| 40065 | |
| 40066 | |
| issue the following educator licenses: | 40067 |
| (a) A resident educator license, which shall be valid for | 40068 |
| four years and shall be renewable; | 40069 |
| (b) A professional educator license, which shall be valid for | 40070 |
| five years and shall be renewable; | 40071 |
| (c) A senior professional educator license, which shall be | 40072 |
| valid for five years and shall be renewable; | 40073 |
| (d) A lead professional educator license, which shall be | 40074 |
| valid for five years and shall be renewable. | 40075 |
| (2) The state board may issue any additional educator | 40076 |
|
licenses of | 40077 |
|
provide. | 40078 |
| 40079 |
| | 40080 |
| standards and requirements for obtaining each educator license | 40081 |
| issued under this section. | 40082 |
| (B) The rules adopted under this section shall require at | 40083 |
| least the following standards and qualifications for the educator | 40084 |
| licenses described in division (A)(1) of this section: | 40085 |
| (1) An applicant for a resident educator license shall hold | 40086 |
| at least a bachelor's degree from an accredited teacher | 40087 |
| preparation program. | 40088 |
| (2) An applicant for a professional educator license shall: | 40089 |
| (a) Hold at least a bachelor's degree from an institution of | 40090 |
| higher education accredited by a regional accrediting | 40091 |
| organization; | 40092 |
| (b) Have successfully completed the Ohio teacher residency | 40093 |
| program established under section 3319.223 of the Revised Code, if | 40094 |
| the applicant's current or most recently issued license is a | 40095 |
| resident educator license issued under this section or an | 40096 |
| alternative resident educator license issued under section 3319.26 | 40097 |
| of the Revised Code. | 40098 |
| (3) An applicant for a senior professional educator license | 40099 |
| shall: | 40100 |
| (a) Hold at least a master's degree from an institution of | 40101 |
| higher education accredited by a regional accrediting | 40102 |
| organization; | 40103 |
| (b) Have previously held a professional educator license | 40104 |
| issued under this section or section 3319.222 or under former | 40105 |
| section 3319.22 of the Revised Code; | 40106 |
| (c) Meet the criteria for the accomplished or distinguished | 40107 |
| level of performance, as described in the standards for teachers | 40108 |
| adopted by the state board under section 3319.61 of the Revised | 40109 |
| Code. | 40110 |
| (4) An applicant for a lead professional educator license | 40111 |
| shall: | 40112 |
| (a) Hold at least a master's degree from an institution of | 40113 |
| higher education accredited by a regional accrediting | 40114 |
| organization; | 40115 |
| (b) Have previously held a professional educator license or a | 40116 |
| senior professional educator license issued under this section or | 40117 |
| a professional educator license issued under section 3319.222 or | 40118 |
| former section 3319.22 of the Revised Code; | 40119 |
| (c) Meet the criteria for the distinguished level of | 40120 |
| performance, as described in the standards for teachers adopted by | 40121 |
| the state board under section 3319.61 of the Revised Code; | 40122 |
| (d) Either hold a valid certificate issued by the national | 40123 |
| board for professional teaching standards or meet the criteria for | 40124 |
| a master teacher or other criteria for a lead teacher adopted by | 40125 |
| the educator standards board under division (F)(4) or (5) of | 40126 |
| section 3319.61 of the Revised Code. | 40127 |
| (C) The state board shall align the standards and | 40128 |
| qualifications for obtaining a principal license with the | 40129 |
| standards for principals adopted by the state board under section | 40130 |
| 3319.61 of the Revised Code. | 40131 |
| (D) If the state board requires any examinations for educator | 40132 |
| licensure, the department of education shall provide the results | 40133 |
| of such examinations received by the department to the chancellor | 40134 |
| of the Ohio board of regents, in the manner and to the extent | 40135 |
| permitted by state and federal law. | 40136 |
| | 40137 |
| or rescinds for educator licenses under this section, division (D) | 40138 |
| of section 3301.07 of the Revised Code, or any other law shall be | 40139 |
| adopted, amended, or rescinded under Chapter 119. of the Revised | 40140 |
| Code except as follows: | 40141 |
| (1) Notwithstanding division (D) of section 119.03 and | 40142 |
| division (A)(1) of section 119.04 of the Revised Code, in the case | 40143 |
| of the adoption of any rule or the amendment or rescission of any | 40144 |
|
rule that necessitates institutions' offering | 40145 |
| programs for educators and other school personnel that are | 40146 |
|
approved by the | 40147 |
|
board of regents under section | 40148 |
| Code to revise the curriculum of those programs, the effective | 40149 |
| date shall not be as prescribed in division (D) of section 119.03 | 40150 |
| and division (A)(1) of section 119.04 of the Revised Code. | 40151 |
| Instead, the effective date of such rules, or the amendment or | 40152 |
| rescission of such rules, shall be the date prescribed by section | 40153 |
| 40154 |
| (2) Notwithstanding the authority to adopt, amend, or rescind | 40155 |
| emergency rules in division (F) of section 119.03 of the Revised | 40156 |
| Code, this authority shall not apply to the state board of | 40157 |
| education with regard to rules for educator licenses. | 40158 |
| | 40159 |
| standards requiring additional coursework for the renewal of any | 40160 |
| educator license shall require a school district and a chartered | 40161 |
| nonpublic school to establish local professional development | 40162 |
| committees. In a nonpublic school, the chief administrative | 40163 |
| officer shall establish the committees in any manner acceptable to | 40164 |
| such officer. The committees established under this division shall | 40165 |
| determine whether coursework that a district or chartered | 40166 |
| nonpublic school teacher proposes to complete meets the | 40167 |
| requirement of the rules. The department of education shall | 40168 |
| provide technical assistance and support to committees as the | 40169 |
| committees incorporate the professional development standards | 40170 |
| adopted by the state board of education pursuant to section | 40171 |
| 3319.61 of the Revised Code into their review of coursework that | 40172 |
| is appropriate for license renewal. The rules shall establish a | 40173 |
| procedure by which a teacher may appeal the decision of a local | 40174 |
| professional development committee. | 40175 |
| (2) In any school district in which there is no exclusive | 40176 |
| representative established under Chapter 4117. of the Revised | 40177 |
| Code, the professional development committees shall be established | 40178 |
|
as described in division | 40179 |
| Not later than the effective date of the rules adopted under | 40180 |
| this section, the board of education of each school district shall | 40181 |
| establish the structure for one or more local professional | 40182 |
| development committees to be operated by such school district. The | 40183 |
| committee structure so established by a district board shall | 40184 |
| remain in effect unless within thirty days prior to an anniversary | 40185 |
| of the date upon which the current committee structure was | 40186 |
| established, the board provides notice to all affected district | 40187 |
| employees that the committee structure is to be modified. | 40188 |
| Professional development committees may have a district-level or | 40189 |
| building-level scope of operations, and may be established with | 40190 |
| regard to particular grade or age levels for which an educator | 40191 |
| license is designated. | 40192 |
| Each professional development committee shall consist of at | 40193 |
| least three classroom teachers employed by the district, one | 40194 |
| principal employed by the district, and one other employee of the | 40195 |
| district appointed by the district superintendent. For committees | 40196 |
| with a building-level scope, the teacher and principal members | 40197 |
| shall be assigned to that building, and the teacher members shall | 40198 |
| be elected by majority vote of the classroom teachers assigned to | 40199 |
| that building. For committees with a district-level scope, the | 40200 |
| teacher members shall be elected by majority vote of the classroom | 40201 |
| teachers of the district, and the principal member shall be | 40202 |
| elected by a majority vote of the principals of the district, | 40203 |
| unless there are two or fewer principals employed by the district, | 40204 |
| in which case the one or two principals employed shall serve on | 40205 |
| the committee. If a committee has a particular grade or age level | 40206 |
| scope, the teacher members shall be licensed to teach such grade | 40207 |
| or age levels, and shall be elected by majority vote of the | 40208 |
| classroom teachers holding such a license and the principal shall | 40209 |
| be elected by all principals serving in buildings where any such | 40210 |
| teachers serve. The district superintendent shall appoint a | 40211 |
| replacement to fill any vacancy that occurs on a professional | 40212 |
| development committee, except in the case of vacancies among the | 40213 |
| elected classroom teacher members, which shall be filled by vote | 40214 |
| of the remaining members of the committee so selected. | 40215 |
| Terms of office on professional development committees shall | 40216 |
| be prescribed by the district board establishing the committees. | 40217 |
| The conduct of elections for members of professional development | 40218 |
| committees shall be prescribed by the district board establishing | 40219 |
| the committees. A professional development committee may include | 40220 |
| additional members, except that the majority of members on each | 40221 |
| such committee shall be classroom teachers employed by the | 40222 |
| district. Any member appointed to fill a vacancy occurring prior | 40223 |
| to the expiration date of the term for which a predecessor was | 40224 |
| appointed shall hold office as a member for the remainder of that | 40225 |
| term. | 40226 |
| The initial meeting of any professional development | 40227 |
| committee, upon election and appointment of all committee members, | 40228 |
| shall be called by a member designated by the district | 40229 |
| superintendent. At this initial meeting, the committee shall | 40230 |
| select a chairperson and such other officers the committee deems | 40231 |
| necessary, and shall adopt rules for the conduct of its meetings. | 40232 |
| Thereafter, the committee shall meet at the call of the | 40233 |
| chairperson or upon the filing of a petition with the district | 40234 |
| superintendent signed by a majority of the committee members | 40235 |
| calling for the committee to meet. | 40236 |
| (3) In the case of a school district in which an exclusive | 40237 |
| representative has been established pursuant to Chapter 4117. of | 40238 |
| the Revised Code, professional development committees shall be | 40239 |
| established in accordance with any collective bargaining agreement | 40240 |
| in effect in the district that includes provisions for such | 40241 |
| committees. | 40242 |
| If the collective bargaining agreement does not specify a | 40243 |
| different method for the selection of teacher members of the | 40244 |
| committees, the exclusive representative of the district's | 40245 |
| teachers shall select the teacher members. | 40246 |
| If the collective bargaining agreement does not specify a | 40247 |
| different structure for the committees, the board of education of | 40248 |
| the school district shall establish the structure, including the | 40249 |
| number of committees and the number of teacher and administrative | 40250 |
| members on each committee; the specific administrative members to | 40251 |
| be part of each committee; whether the scope of the committees | 40252 |
| will be district levels, building levels, or by type of grade or | 40253 |
| age levels for which educator licenses are designated; the lengths | 40254 |
| of terms for members; the manner of filling vacancies on the | 40255 |
| committees; and the frequency and time and place of meetings. | 40256 |
|
However, in all cases, except as
provided in division | 40257 |
| this section, there shall be a majority of teacher members of any | 40258 |
| professional development committee, there shall be at least five | 40259 |
| total members of any professional development committee, and the | 40260 |
| exclusive representative shall designate replacement members in | 40261 |
| the case of vacancies among teacher members, unless the collective | 40262 |
| bargaining agreement specifies a different method of selecting | 40263 |
| such replacements. | 40264 |
| (4) Whenever an administrator's coursework plan is being | 40265 |
| discussed or voted upon, the local professional development | 40266 |
| committee shall, at the request of one of its administrative | 40267 |
| members, cause a majority of the committee to consist of | 40268 |
| administrative members by reducing the number of teacher members | 40269 |
| voting on the plan. | 40270 |
| | 40271 |
| centers, county boards of mental retardation and developmental | 40272 |
| disabilities, regional professional development centers, special | 40273 |
| education regional resource centers, college and university | 40274 |
| departments of education, head start programs, the eTech Ohio | 40275 |
| commission, and the Ohio education computer network may establish | 40276 |
| local professional development committees to determine whether the | 40277 |
| coursework proposed by their employees who are licensed or | 40278 |
| certificated under this section or section 3319.222 of the Revised | 40279 |
| Code, or under the former version of either section as it existed | 40280 |
| prior to the effective date of this amendment, meet the | 40281 |
| requirements of the rules adopted under this section. They may | 40282 |
| establish local professional development committees on their own | 40283 |
| or in collaboration with a school district or other agency having | 40284 |
| authority to establish them. | 40285 |
| Local professional development committees established by | 40286 |
| county boards of mental retardation and developmental disabilities | 40287 |
| shall be structured in a manner comparable to the structures | 40288 |
|
prescribed for
school districts in divisions | 40289 |
| this section, as shall the committees established by any other | 40290 |
|
entity specified in
division | 40291 |
| provides educational services by employing or contracting for | 40292 |
| services of classroom teachers licensed or certificated under this | 40293 |
| section or section 3319.222 of the Revised Code, or under the | 40294 |
| former version of either section as it existed prior to the | 40295 |
| effective date of this amendment. All other entities specified in | 40296 |
|
division | 40297 |
| committees in accordance with guidelines which shall be issued by | 40298 |
| the state board. | 40299 |
| (2) Any public agency that is not specified in division | 40300 |
| 40301 | |
| employs or contracts for services of classroom teachers licensed | 40302 |
| or certificated under this section or section 3319.222 of the | 40303 |
| Revised Code, or under the former version of either section as it | 40304 |
| existed prior to the effective date of this amendment, may | 40305 |
| establish a local professional development committee, subject to | 40306 |
| the approval of the department of education. The committee shall | 40307 |
| be structured in accordance with guidelines issued by the state | 40308 |
| board. | 40309 |
| Sec. 3319.222. (A) Notwithstanding the amendments to and | 40310 |
| repeal of statutes by the act that enacted this section, the state | 40311 |
| board of education shall accept applications for new, and renewal | 40312 |
| and upgrade of, temporary, associate, provisional, and | 40313 |
| professional educator licenses, alternative educator licenses, and | 40314 |
| one-year conditional teaching permits through December 31, 2010, | 40315 |
| and issue them on the basis of the applications received by that | 40316 |
| date in accordance with the former statutes in effect immediately | 40317 |
| prior to amendment or repeal by the act that enacted this | 40318 |
| section. | 40319 |
| (B) A permanent teacher's certificate issued under former | 40320 |
| sections 3319.22 to 3319.31 of the Revised Code prior to October | 40321 |
| 29, 1996, or under former section 3319.222 of the Revised Code as | 40322 |
| it existed prior to the effective date of this section, shall be | 40323 |
| valid for teaching in the subject areas and grades for which the | 40324 |
| certificate was issued, except as the certificate is limited, | 40325 |
| suspended, or revoked under section 3319.31 of the Revised Code. | 40326 |
| (C) The following certificates, permits, or licenses shall be | 40327 |
| valid until the certificate, permit, or license expires for | 40328 |
| teaching in the subject areas and grades for which the | 40329 |
| certificate, permit, or license was issued, except as the | 40330 |
| certificate, permit, or license is limited, suspended, or revoked | 40331 |
| under section 3319.31 of the Revised Code: | 40332 |
| (1) Any professional teacher's certificate issued under | 40333 |
| former section 3319.222 of the Revised Code, as it existed prior | 40334 |
| to the effective date of this section; | 40335 |
| (2) Any temporary, associate, provisional, or professional | 40336 |
| educator license issued under former section 3319.22 of the | 40337 |
| Revised Code, as it existed prior to the effective date of this | 40338 |
| section, or under division (A) of this section; | 40339 |
| (3) Any alternative educator license issued under former | 40340 |
| section 3319.26 of the Revised Code, as it existed prior to the | 40341 |
| effective date of this section, or under division (A) of this | 40342 |
| section; | 40343 |
| (4) Any one-year conditional teaching permit issued under | 40344 |
| former section 3319.302 or 3319.304 of the Revised Code, as it | 40345 |
| existed prior to the effective date of this section, or under | 40346 |
| division (A) of this section. | 40347 |
| (D) Nothing in this section shall be construed to prohibit a | 40348 |
| person from applying to the state board for an educator license | 40349 |
| issued under section 3319.22 of the Revised Code or an alternative | 40350 |
| resident educator license issued under section 3319.26 of the | 40351 |
| Revised Code, as the section exists on and after the effective | 40352 |
| date of this section. | 40353 |
| (E) On and after the effective date of this section, any | 40354 |
| reference in the Revised Code to educator licensing is hereby | 40355 |
| deemed to refer also to certification or licensure under divisions | 40356 |
| (A) to (D) of this section. | 40357 |
| Sec. 3319.223. (A) Not later than January 1, 2011, the | 40358 |
| superintendent of public instruction and the chancellor of the | 40359 |
| Ohio board of regents jointly shall establish the Ohio teacher | 40360 |
| residency program, which shall be a four-year, entry-level program | 40361 |
| for classroom teachers. The teacher residency program shall | 40362 |
| include at least the following components: | 40363 |
| (1) Mentoring by teachers who hold a lead professional | 40364 |
| educator license issued under section 3319.22 of the Revised Code; | 40365 |
| (2) Counseling to ensure that program participants receive | 40366 |
| needed professional development; | 40367 |
| (3) Measures of appropriate progression through the program. | 40368 |
| (B) The teacher residency program shall be aligned with the | 40369 |
| standards for teachers adopted by the state board of education | 40370 |
| under section 3319.61 of the Revised Code and best practices | 40371 |
| identified by the superintendent of public instruction. | 40372 |
| (C) Each person who holds a resident educator license issued | 40373 |
| under section 3319.22 of the Revised Code or an alternative | 40374 |
| resident educator license issued under section 3319.26 of the | 40375 |
| Revised Code shall participate in the teacher residency program. | 40376 |
| Successful completion of the program shall be required to qualify | 40377 |
| any such person for a professional educator license issued under | 40378 |
| section 3319.22 of the Revised Code. | 40379 |
| | 40380 |
| 40381 | |
| 40382 | |
| license to any applicant who submits a plan that has been | 40383 |
| approved by the applicant's university graduate program in | 40384 |
| speech-language pathology and that conforms to requirements | 40385 |
| determined by the board by rule and who meets all of the following | 40386 |
| requirements: | 40387 |
| | 40388 |
| institution located in this state that is accredited by the | 40389 |
| council on academic accreditation in audiology and speech-language | 40390 |
| pathology of the American speech-language-hearing association; | 40391 |
| | 40392 |
| training in speech-language pathology, or equivalent coursework | 40393 |
| as determined by the board, and any student clinical experience | 40394 |
| the board may require by rule; | 40395 |
| (3) Has paid the fee established under division (E) of this | 40396 |
| section. | 40397 |
| | 40398 |
| license authorizes the holder to practice speech-language | 40399 |
| pathology within limits determined by the state board by rule, | 40400 |
| which shall include the following: | 40401 |
| | 40402 |
| in a manner to be determined by the board by rule. | 40403 |
| | 40404 |
| practice shall be limited in a manner to be determined by the | 40405 |
| board by rule. The rule shall consider the coursework and | 40406 |
|
clinical experience that
has been completed by the | 40407 |
| holder and the recommendation of the applicant's university | 40408 |
| graduate program in speech-language pathology. | 40409 |
| | 40410 |
| under the supervision of a speech-language pathologist who is | 40411 |
| licensed by the board of speech-language pathology and audiology | 40412 |
| and acting under the approval and direction of the applicant's | 40413 |
| university graduate program in speech-language pathology. The | 40414 |
| state board shall determine by rule the manner of supervision. | 40415 |
| | 40416 |
|
expire two
years
after the date of issuance. | 40417 |
| Intern licenses may be renewed in a manner to be determined by | 40418 |
| the state board by rule. | 40419 |
| | 40420 |
| license or an official duplicate in a conspicuous place where the | 40421 |
| 40422 |
| (E) The state board shall charge a nonrefundable fee, to be | 40423 |
| determined by the board by rule, for each license issued under | 40424 |
| this section. | 40425 |
| (F) The state board, in accordance with Chapter 119. of the | 40426 |
| Revised Code, may establish rules to govern any disciplinary | 40427 |
| action to be taken against a student issued a license under this | 40428 |
| section. Any rules established under this division are not subject | 40429 |
| to the adjudication procedure requirements of sections 119.06 to | 40430 |
| 119.13 of the Revised Code. | 40431 |
| (G) In adopting rules to administer this section, the state | 40432 |
| board shall consult with the chancellor of the Ohio board of | 40433 |
| regents. | 40434 |
| Sec. 3319.234. The teacher quality partnership, a consortium | 40435 |
| of teacher preparation programs that have been approved by the | 40436 |
| 40437 | |
|
under section | 40438 |
| the relationship of teacher performance on educator licensure | 40439 |
| assessments, as adopted by the state board of education under | 40440 |
| section 3319.22 of the Revised Code, to teacher effectiveness in | 40441 |
| the classroom. Not later than September 1, 2008, the partnership | 40442 |
| shall begin submitting annual data reports along with any other | 40443 |
| data on teacher effectiveness the partnership determines | 40444 |
| appropriate to the governor, the president and minority leader of | 40445 |
| the senate, the speaker and minority leader of the house of | 40446 |
| representatives, the chairpersons and ranking minority members of | 40447 |
| the standing committees of the senate and the house of | 40448 |
| representatives that consider education legislation, the | 40449 |
| superintendent of public instruction, the state board of | 40450 |
| education, the chancellor of the Ohio board of regents, and the | 40451 |
| partnership for continued learning. | 40452 |
| Sec. 3319.235. (A) The standards for the preparation of | 40453 |
|
teachers adopted
under section | 40454 |
| Code shall require any institution that provides a course of study | 40455 |
| for the training of teachers to ensure that graduates of such | 40456 |
| course of study are skilled at integrating educational technology | 40457 |
| in the instruction of children, as evidenced by the graduate | 40458 |
| having either demonstrated proficiency in such skills in a manner | 40459 |
| prescribed by the department of education or completed a course | 40460 |
| that includes training in such skills. | 40461 |
| (B) The eTech Ohio commission shall establish model | 40462 |
| professional development programs to assist teachers who completed | 40463 |
| their teacher preparation prior to the effective date of division | 40464 |
| (A) of this section to become skilled at integrating educational | 40465 |
| technology in the instruction of children. The commission shall | 40466 |
| provide technical assistance to school districts wishing to | 40467 |
| establish such programs. | 40468 |
| Sec. 3319.24. This section does not apply to any applicant | 40469 |
| for an educator license that is designed for persons specializing | 40470 |
| in teaching children in kindergarten through twelfth grade, or the | 40471 |
| equivalent, in the area of dance, drama, theater, music, visual | 40472 |
| arts, or physical education or a specialty area substantially | 40473 |
| equivalent to any of these when such applicant will be teaching | 40474 |
| children in the specialty area specified in the license. | 40475 |
| (A) As used in this section: | 40476 |
| (1) "Coursework in the teaching of reading" means coursework | 40477 |
| that includes training in a range of instructional strategies for | 40478 |
| teaching reading, in the assessment of reading skills, and in the | 40479 |
| diagnosis and remediation of reading difficulties; | 40480 |
| (2) "Phonics" means the techniques and strategies used to | 40481 |
| teach children to match, blend, and translate letters of the | 40482 |
| alphabet into the sounds they represent, which techniques and | 40483 |
| strategies are systematically integrated and thoroughly practiced | 40484 |
| in a developmentally appropriate instructional program to assist | 40485 |
| the child in learning to read, write, and spell; | 40486 |
| (3) "Course in the teaching of phonics" means a course | 40487 |
| providing the background necessary for effectively teaching and | 40488 |
| assessing phonics, phonemic awareness, and word recognition, | 40489 |
| including, but not limited to, the following topics: | 40490 |
| (a) Phonological and morphological underpinnings of English | 40491 |
| spellings and the history thereof; | 40492 |
| (b) The nature and role of word recognition in proficient | 40493 |
| reading; | 40494 |
| (c) Methods and rationale for the instruction of phonemic | 40495 |
| awareness, decoding, spelling, and the application thereof in | 40496 |
| reading and writing; | 40497 |
| (d) Methods and rationale for the assessment of phonemic | 40498 |
| awareness, decoding, spelling, and the application thereof in | 40499 |
| reading and writing; | 40500 |
| (e) The relation of deficits in phonemic awareness, decoding, | 40501 |
| spelling, and word recognition to reading disabilities; | 40502 |
| (4) "Phonemic awareness" means the awareness of sounds that | 40503 |
| make up spoken words and the ability to use this awareness of | 40504 |
| sounds in reading. | 40505 |
| (B) The rules adopted under | 40506 |
|
of the Revised
Code shall require an applicant for | 40507 |
| 40508 | |
| children in grades kindergarten through six or the equivalent to | 40509 |
| have successfully completed at least six semester hours, or the | 40510 |
| equivalent, of coursework in the teaching of reading that includes | 40511 |
| at least one separate course of at least three semester hours, or | 40512 |
| the equivalent, in the teaching of phonics in the context of | 40513 |
|
reading, writing, and spelling. In
addition, such rules | 40514 |
| 40515 | |
| 40516 | |
|
issuance of | 40517 |
|
upon the | 40518 |
| semester hours or the equivalent of coursework in the teaching of | 40519 |
|
reading.
The rules shall permit | 40520 |
|
to apply undergraduate coursework in
order to meet | 40521 |
| this requirement for additional coursework. | 40522 |
| Sec. 3319.25. Any teacher performance assessment entity with | 40523 |
| which the department of education or the state board of education | 40524 |
| contracts or any independent agent with whom such entity, the | 40525 |
| department, or the state board contracts to provide services as a | 40526 |
| teacher performance assessor, trainer of assessors, or assessment | 40527 |
| coordinator is not liable for damages in a civil action concerning | 40528 |
| the actions of such entity or agent made in the conduct of a | 40529 |
| teacher performance assessment unless those actions were conducted | 40530 |
| with malicious purpose, in bad faith, or in a wanton or reckless | 40531 |
| manner. | 40532 |
| As used in this section, "teacher performance assessment" | 40533 |
| means an assessment prescribed by the state board of education to | 40534 |
| measure the classroom performance of a teacher who is a candidate | 40535 |
|
for | 40536 |
| observations conducted by a trained assessor while the teacher is | 40537 |
| engaged in actual classroom instruction. | 40538 |
| Sec. 3319.26. (A) The state board of education shall adopt | 40539 |
| rules establishing the standards and requirements for obtaining an | 40540 |
|
alternative
resident educator license for teaching in
grades | 40541 |
| four to twelve, or the equivalent, in a designated subject area. | 40542 |
| However, an alternative resident educator license in the area of | 40543 |
| intervention specialist, as defined by rule of the state board, | 40544 |
| shall be valid for teaching in grades kindergarten to twelve. | 40545 |
| (B) | 40546 |
| chancellor of the Ohio board of regents jointly shall develop an | 40547 |
| intensive pedagogical training institute to provide instruction in | 40548 |
| the principles and practices of teaching for individuals seeking | 40549 |
| an alternative resident educator license. The instruction shall | 40550 |
| cover such topics as student development and learning, pupil | 40551 |
| assessment procedures, curriculum development, classroom | 40552 |
| management, and teaching methodology. | 40553 |
| (C) The rules adopted under this section shall require | 40554 |
| applicants for the alternative resident educator license to | 40555 |
| satisfy the following conditions prior to issuance of the | 40556 |
| license: | 40557 |
| | 40558 |
| | 40559 |
| 40560 | |
| 40561 | |
| 40562 | |
| institute described in division (B) of this section; | 40563 |
| | 40564 |
| application is being made. | 40565 |
| | 40566 |
|
valid for
| 40567 |
| | 40568 |
| resident educator license, as a condition of continuing to hold | 40569 |
|
the license, to | 40570 |
| (1) Participate in the Ohio teacher residency program | 40571 |
| established under section 3319.223 of the Revised Code; | 40572 |
| (2) Show satisfactory progress in taking and successfully | 40573 |
|
completing | 40574 |
| hours, or the equivalent, of college coursework in the principles | 40575 |
| and practices of teaching in such topics as student development | 40576 |
| and learning, pupil assessment procedures, curriculum | 40577 |
| development, classroom management, and teaching methodology; | 40578 |
| (3) Take an assessment of professional knowledge in the | 40579 |
| second year of teaching under the license. | 40580 |
| | 40581 |
| 40582 | |
| alternative resident educator license upon successfully completing | 40583 |
| all of the following: | 40584 |
| (1) | 40585 |
| license; | 40586 |
| (2) The twelve semester hours, or the equivalent, of the | 40587 |
|
additional college coursework described in division | 40588 |
| of this section; | 40589 |
| (3) The assessment of
professional knowledge | 40590 |
| 40591 | |
| described in division (E)(3) of this section. The standards for | 40592 |
| successfully completing this assessment and the manner of | 40593 |
| conducting the assessment shall be the same as for any other | 40594 |
| 40595 | |
| required to take the assessment pursuant to rules adopted by the | 40596 |
| state board under section 3319.22 of the Revised Code. | 40597 |
| (4) The Ohio teacher residency program; | 40598 |
| (5) All other requirements for a professional educator | 40599 |
| license adopted by the state board under section 3319.22 of the | 40600 |
| Revised Code. | 40601 |
| Sec. 3319.28. (A) As used in this section, "STEM school" | 40602 |
| means a science, technology, engineering, and mathematics school | 40603 |
| established under Chapter 3326. of the Revised Code. | 40604 |
| (B) Notwithstanding any other provision of the Revised Code | 40605 |
| or any rule adopted by the state board of education to the | 40606 |
| contrary, the state board shall issue a two-year provisional | 40607 |
| educator license for teaching science, technology, engineering, | 40608 |
| or mathematics in grades six through twelve in a STEM school to | 40609 |
| any applicant who meets the following conditions: | 40610 |
| (1) Holds a bachelor's degree from an accredited institution | 40611 |
| of higher education in a field related to the subject area to be | 40612 |
| taught; | 40613 |
| (2) Has passed an examination prescribed by the state board | 40614 |
| in the subject area to be taught. | 40615 |
| (C) The holder of a provisional educator license issued under | 40616 |
| this section shall complete a structured apprenticeship program | 40617 |
| provided by an educational service center or a teacher preparation | 40618 |
|
program approved under section | 40619 |
| Code, in partnership with the STEM school that employs the | 40620 |
| license holder. The apprenticeship program shall include the | 40621 |
| following: | 40622 |
| (1) Mentoring by a teacher or administrator who regularly | 40623 |
| observes the license holder's classroom instruction, provides | 40624 |
| feedback on the license holder's teaching strategies and classroom | 40625 |
| management, and engages the license holder in discussions about | 40626 |
| methods for fostering and measuring student learning; | 40627 |
| (2) Regularly scheduled seminars or meetings that address the | 40628 |
| following topics: | 40629 |
| (a) The statewide academic standards adopted by the state | 40630 |
| board under section 3301.079 of the Revised Code and the | 40631 |
| importance of aligning curriculum with those standards; | 40632 |
| (b) The achievement tests prescribed by section 3301.0710 of | 40633 |
| the Revised Code; | 40634 |
| (c) The school district and building accountability system | 40635 |
| established under Chapter 3302. of the Revised Code; | 40636 |
| (d) Instructional methods and strategies; | 40637 |
| (e) Student development; | 40638 |
| (f) Assessing student progress and providing remediation and | 40639 |
| intervention, as necessary, to meet students' special needs; | 40640 |
| (g) Classroom management and record keeping. | 40641 |
| (D) After two years of teaching under a provisional educator | 40642 |
| license issued under this section, a person may apply for a | 40643 |
| five-year professional educator license in the same subject area | 40644 |
| named in the provisional license. The state board shall issue the | 40645 |
| applicant a professional educator license if the applicant meets | 40646 |
| the following conditions: | 40647 |
| (1) The applicant completed the apprenticeship program | 40648 |
| described in division (C) of this section. | 40649 |
| (2) The applicant receives a positive recommendation | 40650 |
| indicating that the applicant is an effective teacher from both of | 40651 |
| the following: | 40652 |
| (a) The chief administrative officer of the STEM school that | 40653 |
| most recently employed the applicant as a classroom teacher; | 40654 |
| (b) The educational service center or teacher preparation | 40655 |
| program administrator in charge of the apprenticeship program | 40656 |
| completed by the applicant. | 40657 |
| (3) The applicant meets all other requirements for a | 40658 |
| professional educator license adopted by the state board under | 40659 |
| section 3319.22 of the Revised Code. | 40660 |
| (E) The department of education shall evaluate the | 40661 |
| experiences of STEM schools with classroom teachers holding | 40662 |
| provisional educator licenses issued under this section. The | 40663 |
| evaluation shall cover the first two school years for which | 40664 |
| licenses are issued and shall consider at least the schools' | 40665 |
| satisfaction with the teachers and the operation of the | 40666 |
| apprenticeship programs. | 40667 |
| Sec. 3319.291. (A) The state board of education shall | 40668 |
| require each of the following persons, at the times prescribed by | 40669 |
|
division (A) of this section, to | 40670 |
| 40671 | |
| 40672 | |
| 40673 | |
| 40674 | |
| 40675 | |
| 40676 | |
| 40677 | |
| criminal records check, unless the person has undergone a records | 40678 |
| check under this section or a former version of this section less | 40679 |
| than five years prior to that time. | 40680 |
| (1) Any person initially applying for any certificate, | 40681 |
| license, or permit described in this chapter or in division (B) of | 40682 |
| section 3301.071 or in section 3301.074 of the Revised Code at | 40683 |
| the time that application is made; | 40684 |
| (2) Any person applying for renewal of any certificate, | 40685 |
| license, or permit described in division (A)(1) of this section at | 40686 |
| the time that application is made; | 40687 |
| (3) Any person who is teaching under a professional teaching | 40688 |
|
certificate issued under former | 40689 |
| 3319.222 of the Revised Code upon a date prescribed by the state | 40690 |
| board; | 40691 |
| (4) Any person who is teaching under a permanent teaching | 40692 |
| certificate issued under former section 3319.22 as it existed | 40693 |
| prior to October 29, 1996, or under former section 3319.222 of | 40694 |
| the Revised Code upon a date prescribed by the state board and | 40695 |
| every five years thereafter. | 40696 |
| (B)(1) Except as otherwise provided in division (B)(2) of | 40697 |
| this section, the state board shall require each person subject to | 40698 |
| a criminal records check under this section to submit two complete | 40699 |
| sets of fingerprints and written permission that authorizes the | 40700 |
| superintendent of public instruction to forward the fingerprints | 40701 |
| to the bureau of criminal identification and investigation | 40702 |
| pursuant to division (F) of section 109.57 of the Revised Code and | 40703 |
| that authorizes that bureau to forward the fingerprints to the | 40704 |
| federal bureau of investigation for purposes of obtaining any | 40705 |
| criminal records that the federal bureau maintains on the person. | 40706 |
| (2) If both of the following conditions apply to a person | 40707 |
| subject to a criminal records check under this section, the state | 40708 |
| board shall require the person to submit one complete set of | 40709 |
| fingerprints and written permission that authorizes the | 40710 |
| superintendent of public instruction to forward the fingerprints | 40711 |
| to the bureau of criminal identification and investigation so that | 40712 |
| bureau may forward the fingerprints to the federal bureau of | 40713 |
| investigation for purposes of obtaining any criminal records that | 40714 |
| the federal bureau maintains on the person: | 40715 |
| (a) Under this section or any former version of this section, | 40716 |
| the state board or the superintendent of public instruction | 40717 |
| previously requested the superintendent of the bureau of criminal | 40718 |
| identification and investigation to determine whether the bureau | 40719 |
| has any information, gathered pursuant to division (A) of section | 40720 |
| 109.57 of the Revised Code, on the person. | 40721 |
| (b) The person presents proof that the person has been a | 40722 |
| resident of this state for the five-year period immediately prior | 40723 |
| to the date upon which the person becomes subject to a criminal | 40724 |
| records check under this section. | 40725 |
| (C) Except as provided in division | 40726 |
| prior to issuing or renewing any certificate, license, or permit | 40727 |
| for a person described in division (A)(1) or (2) of this section | 40728 |
| who is subject to a criminal records check and in the case of a | 40729 |
|
person | 40730 |
| 40731 | |
| subject to a criminal records check, the state board or the | 40732 |
| superintendent of public instruction shall do one of the | 40733 |
| following: | 40734 |
| (1) If the person is required to submit fingerprints and | 40735 |
| written permission under division (B)(1) of this section, request | 40736 |
| the superintendent of the bureau of criminal identification and | 40737 |
|
investigation to | 40738 |
| any information, gathered pursuant to division (A) of section | 40739 |
|
109.57
of the Revised Code, pertaining to | 40740 |
| 40741 | |
| and to obtain any criminal records that the federal bureau of | 40742 |
| investigation has on the person. | 40743 |
| | 40744 |
| written permission under division (B)(2) of this section, request | 40745 |
| the superintendent of the bureau of criminal identification and | 40746 |
| investigation to obtain any criminal records that the federal | 40747 |
| bureau of investigation has on the person. | 40748 |
| (D) The state board or the superintendent of public | 40749 |
| instruction may choose not to request any information about a | 40750 |
|
person required by
division | 40751 |
| 40752 | |
| 40753 | |
| 40754 | |
| 40755 | |
| a criminal records check that satisfies the requirements of that | 40756 |
| division was conducted on the person as a condition of employment | 40757 |
| pursuant to section 3319.39 of the Revised Code within the | 40758 |
| immediately preceding year. The state board or the superintendent | 40759 |
| of public instruction may accept a certified copy of records that | 40760 |
| were issued by the bureau of criminal identification and | 40761 |
|
investigation and that are presented by | 40762 |
| 40763 | |
| 40764 | |
|
under division | 40765 |
| by the bureau within the immediately preceding year. | 40766 |
| | 40767 |
| this section who is subject to a criminal records check fails to | 40768 |
| submit fingerprints and written permission by the date specified | 40769 |
| in the applicable division, and the state board or the | 40770 |
| superintendent of public instruction does not apply division | 40771 |
| 40772 | |
| prepare a written notice stating that if the person does not | 40773 |
| submit the fingerprints and written permission within fifteen days | 40774 |
| after the date the notice was mailed, the person's professional or | 40775 |
| permanent teaching certificate will be inactivated. The | 40776 |
| superintendent shall send the notification by regular mail to the | 40777 |
| person's last known residence address or last known place of | 40778 |
| employment, as indicated in the department of education's records, | 40779 |
| or both. | 40780 |
| If the person fails to submit the fingerprints and written | 40781 |
| permission within fifteen days after the date the notice was | 40782 |
| mailed, the superintendent of public instruction, on behalf of the | 40783 |
| state board, shall issue a written order inactivating the person's | 40784 |
| professional or permanent teaching certificate. The inactivation | 40785 |
| shall remain in effect until the person submits the fingerprints | 40786 |
| and written permission. The superintendent shall send the order by | 40787 |
| regular mail to the person's last known residence address or last | 40788 |
| known place of employment, as indicated in the department's | 40789 |
| records, or both. The order shall state the reason for the | 40790 |
| inactivation and shall explain that the inactivation remains in | 40791 |
|
effect until the
person complies with division | 40792 |
| section. | 40793 |
| The inactivation of a professional or permanent teaching | 40794 |
|
certificate under division | 40795 |
| constitute a suspension or revocation of the certificate by the | 40796 |
| state board under section 3319.31 of the Revised Code and the | 40797 |
| state board and the superintendent of public instruction need not | 40798 |
| provide the person with an opportunity for a hearing with respect | 40799 |
| to the inactivation. | 40800 |
| (2) If a person whose professional or permanent teaching | 40801 |
|
certificate has been inactivated under division | 40802 |
| section submits fingerprints and written permission as required by | 40803 |
|
division | 40804 |
| instruction, on behalf of the state board, shall issue a written | 40805 |
| order reactivating the certificate. The superintendent shall send | 40806 |
| the order to the person by regular mail. | 40807 |
| | 40808 |
| section, if a person holds more than one certificate, license, or | 40809 |
| permit described in division (A)(1) of this section, the | 40810 |
| following shall apply: | 40811 |
| (1) If the certificates, licenses, or permits are of | 40812 |
| different durations, the person shall be subject to divisions | 40813 |
|
(A) | 40814 |
| renewal of the certificate, license, or permit that is of the | 40815 |
| longest duration. Prior to renewing any certificate, license, or | 40816 |
| permit with a shorter duration, the state board or the | 40817 |
| superintendent of public instruction shall determine whether the | 40818 |
| department of education has received any information about the | 40819 |
| person pursuant to section 109.5721 of the Revised Code, but the | 40820 |
|
person shall not
be subject to | 40821 |
| to (C) of this section as long as the person's certificate, | 40822 |
| license, or permit with the longest duration is valid. | 40823 |
| (2) If the certificates, licenses, or permits are of the same | 40824 |
| duration but do not expire in the same year, the person shall | 40825 |
| designate one of the certificates, licenses, or permits as the | 40826 |
| person's primary certificate, license, or permit and shall notify | 40827 |
| the department of that designation. The person shall be subject to | 40828 |
|
divisions (A) | 40829 |
| for renewal of the person's primary certificate, license, or | 40830 |
| permit. Prior to renewing any certificate, license, or permit | 40831 |
| that is not the person's primary certificate, license, or permit, | 40832 |
| the state board or the superintendent of public instruction shall | 40833 |
| determine whether the department has received any information | 40834 |
| about the person pursuant to section 109.5721 of the Revised | 40835 |
|
Code, but the
person shall not be subject to | 40836 |
|
(A) | 40837 |
| primary certificate, license, or permit is valid. | 40838 |
| (3) If the certificates, licenses, or permits are of the same | 40839 |
| duration and expire in the same year and the person applies for | 40840 |
| renewal of the certificates, licenses, or permits at the same | 40841 |
| time, the state board or the superintendent of public instruction | 40842 |
| shall request only one criminal records check of the person under | 40843 |
|
division | 40844 |
| Sec. 3319.303. (A) The state board of education shall adopt | 40845 |
| rules establishing standards and requirements for obtaining a | 40846 |
| pupil-activity program permit for any individual who does not hold | 40847 |
| a valid educator license, certificate, or permit issued by the | 40848 |
|
state board under section 3319.22, 3319.26, or 3319.27 | 40849 |
| 40850 | |
| section shall be valid for coaching, supervising, or directing a | 40851 |
| pupil-activity program under section 3313.53 of the Revised Code. | 40852 |
| Subject to the provisions of section 3319.31 of the Revised Code, | 40853 |
| a permit issued under this section shall be valid for three years | 40854 |
| and shall be renewable. | 40855 |
| (B) The state board shall adopt rules applicable to | 40856 |
| individuals who hold valid educator licenses, certificates, or | 40857 |
| permits issued by the state board under section 3319.22, 3319.26, | 40858 |
| or 3319.27 | 40859 |
| forth standards to assure any such individual's competence to | 40860 |
| direct, supervise, or coach a pupil-activity program. The rules | 40861 |
| adopted under this division shall not be more stringent than the | 40862 |
| standards set forth in rules applicable to individuals who do not | 40863 |
| hold such licenses, certificates, or permits adopted under | 40864 |
| division (A) of this section. | 40865 |
| Sec. 3319.36. (A) No treasurer of a board of education or | 40866 |
| educational service center shall draw a check for the payment of a | 40867 |
| teacher for services until the teacher files with the treasurer | 40868 |
| both of the following: | 40869 |
| (1) Such reports as are required by the state board of | 40870 |
| education, the school district board of education, or the | 40871 |
| superintendent of schools; | 40872 |
| (2) Except for a teacher who is engaged pursuant to section | 40873 |
| 3319.301 of the Revised Code, a written statement from the city, | 40874 |
| exempted village, or local school district superintendent or the | 40875 |
| educational service center superintendent that the teacher has | 40876 |
| filed with the treasurer a legal educator license, or true copy of | 40877 |
| it, to teach the subjects or grades taught, with the dates of its | 40878 |
| validity. The state board of education shall prescribe the record | 40879 |
| and administration for such filing of educator licenses in | 40880 |
| educational service centers. | 40881 |
| (B) Notwithstanding division (A) of this section, the | 40882 |
| treasurer may pay either of the following: | 40883 |
| (1) Any teacher for services rendered during the first two | 40884 |
| months of the teacher's initial employment with the school | 40885 |
| district or educational service center, provided such teacher is | 40886 |
| the holder of a bachelor's degree or higher and has filed with the | 40887 |
|
state board of education an
application for the issuance of | 40888 |
| 40889 | |
| division (A)(1) of section 3319.22 of the Revised Code. | 40890 |
| (2) Any substitute teacher for services rendered while | 40891 |
| conditionally employed under section 3319.101 of the Revised Code. | 40892 |
| (C) Upon notice to the treasurer given by the state board of | 40893 |
| education or any superintendent having jurisdiction that reports | 40894 |
| required of a teacher have not been made, the treasurer shall | 40895 |
| withhold the salary of the teacher until the required reports are | 40896 |
| completed and furnished. | 40897 |
| Sec. 3319.391. This section applies to any person hired | 40898 |
| by a school district, educational service center, or chartered | 40899 |
| nonpublic school in any position that does not require a | 40900 |
| "license" issued by the state board of education, as defined in | 40901 |
| section 3319.31 of the Revised Code, and is not for the | 40902 |
| operation of a vehicle for pupil transportation. | 40903 |
| (A) For each person to whom this section applies who is | 40904 |
| hired on or after November 14, 2007, the employer shall | 40905 |
| request a criminal records check in accordance with section | 40906 |
| 3319.39 of the Revised Code and shall request a subsequent | 40907 |
| criminal records check by the fifth day of September every | 40908 |
| fifth year thereafter. For each person to whom this division | 40909 |
| applies who is hired prior to November 14, 2007, the employer | 40910 |
| shall request a criminal records check by a date prescribed by | 40911 |
| the department of education and shall request a subsequent | 40912 |
| criminal records check by the fifth day of September every fifth | 40913 |
| year thereafter. | 40914 |
| (B)(1) Each request for a criminal records check under this | 40915 |
| section shall be made to the superintendent of the bureau of | 40916 |
| criminal identification and investigation in the manner prescribed | 40917 |
| in section 3319.39 of the Revised Code, except that if both of the | 40918 |
| following conditions apply to the person subject to the records | 40919 |
| check, the employer shall request the superintendent only to | 40920 |
| obtain any criminal records that the federal bureau of | 40921 |
| investigation has on the person: | 40922 |
| (a) The employer previously requested the superintendent to | 40923 |
| determine whether the bureau of criminal identification and | 40924 |
| investigation has any information, gathered pursuant to division | 40925 |
| (A) of section 109.57 of the Revised Code, on the person in | 40926 |
| conjunction with a criminal records check requested under section | 40927 |
| 3319.39 of the Revised Code or under this section. | 40928 |
| (b) The person presents proof that the person has been a | 40929 |
| resident of this state for the five-year period immediately prior | 40930 |
| to the date upon which the person becomes subject to a criminal | 40931 |
|
records check under this section. | 40932 |
| (2) Upon receipt of a request under division (B)(1) of this | 40933 |
|
section,
the | 40934 |
| records check in accordance with section 109.572 of the Revised | 40935 |
| Code as if the request had been made under section 3319.39 of the | 40936 |
| Revised Code. However, as specified in division (B)(2) of section | 40937 |
| 109.572 of the Revised Code, if the employer requests the | 40938 |
| superintendent only to obtain any criminal records that the | 40939 |
| federal bureau of investigation has on the person for whom the | 40940 |
| request is made, the superintendent shall not conduct the review | 40941 |
| prescribed by division (B)(1) of that section. | 40942 |
| (C) Any person who is the subject of a criminal records check | 40943 |
| under this section and has been convicted of or pleaded guilty to | 40944 |
| any offense described in division (B)(1) of section 3319.39 of the | 40945 |
| Revised Code shall not be hired or shall be released from | 40946 |
| employment, as applicable, unless the person meets the | 40947 |
| rehabilitation standards adopted by the department under division | 40948 |
| (E) of that section. | 40949 |
| Sec. 3319.51. (A) The state board of education shall | 40950 |
| annually establish the amount of the fees required to be paid for | 40951 |
| any license, certificate, or permit issued under this chapter or | 40952 |
|
division (B) of section 3301.071 | 40953 |
|
3301.074 | 40954 |
| 40955 | |
| of these fees shall be such that they, along with any | 40956 |
| appropriation made to the fund established under division (B) of | 40957 |
| this section, will be sufficient to cover the annual estimated | 40958 |
|
cost of administering the | 40959 |
| described under division (B) of this section. | 40960 |
| (B) There is hereby established in the state treasury the | 40961 |
| state board of education licensure fund, which shall be used by | 40962 |
| the state board of education solely to pay the cost of | 40963 |
| administering requirements related to the issuance and renewal of | 40964 |
| licenses, certificates, and permits described in this chapter and | 40965 |
|
sections 3301.071 | 40966 |
| 40967 | |
| the Revised Code. The fund shall consist of the amounts paid into | 40968 |
|
the
fund pursuant
to division (B) of section 3301.071 | 40969 |
|
sections
3301.074 | 40970 |
| 40971 | |
| appropriations to the fund by the general assembly. | 40972 |
| Sec. 3319.56. The department of education shall identify | 40973 |
| promising practices in Ohio and throughout the country for | 40974 |
| engaging teachers certified by the national board for professional | 40975 |
|
teaching standards, and | 40976 |
| meet the criteria adopted by the educator standards board pursuant | 40977 |
| to section 3319.61 of the Revised Code, in ways that add value | 40978 |
| beyond their own classrooms. Practices identified by the | 40979 |
| department as promising may include placing national board | 40980 |
|
certified and | 40981 |
| programs; having such teachers serve as coaches, mentors, and | 40982 |
| trainers for other teachers; or having such teachers develop | 40983 |
| curricula or instructional integration strategies. | 40984 |
| Once the department has identified promising practices, the | 40985 |
| department shall inform all school districts of the practices by | 40986 |
| posting such information on the department's world wide web site. | 40987 |
| Sec. 3319.60. There is hereby established the educator | 40988 |
| standards board. The board shall develop and recommend to the | 40989 |
| state board of education standards for entering and continuing in | 40990 |
|
the | 40991 |
| for educator professional development. The board membership shall | 40992 |
| reflect the diversity of the state in terms of gender, race, | 40993 |
| ethnic background, and geographic distribution. | 40994 |
| (A) The board shall consist of the following members: | 40995 |
| (1) The following eighteen members appointed by the state | 40996 |
|
board of education | 40997 |
| 40998 |
| | 40999 |
|
district. | 41000 |
| employed as teachers in a secondary school, two persons shall be | 41001 |
|
employed as teachers in a middle school, | 41002 |
| be employed as teachers in an elementary school, one person shall | 41003 |
| be employed as a teacher in a pre-kindergarten classroom, and one | 41004 |
| person shall be a teacher who serves on a local professional | 41005 |
| development committee pursuant to section 3319.22 of the Revised | 41006 |
| Code. At least one person appointed under this division shall hold | 41007 |
| a teaching certificate or license issued by the national board for | 41008 |
| professional teaching standards. The Ohio education association | 41009 |
|
shall submit a list of | 41010 |
|
appointments and
the state board shall appoint | 41011 |
| to the educator standards board from that list. The Ohio | 41012 |
|
federation of teachers
shall submit a list of | 41013 |
|
for these appointments and
the state board shall appoint | 41014 |
| three members to the educator standards board from that list. If | 41015 |
| there is an insufficient number of nominees from both lists to | 41016 |
| satisfy the membership requirements of this division, the state | 41017 |
| board shall request additional nominees who satisfy those | 41018 |
| requirements. | 41019 |
| | 41020 |
| nonpublic school. Stakeholder groups selected by the state board | 41021 |
| shall submit a list of two nominees for this appointment. | 41022 |
| | 41023 |
|
in a school district. Of | 41024 |
| 41025 | |
| school principal, one person shall be employed as a middle school | 41026 |
| principal, one person shall be employed as an elementary school | 41027 |
| principal, one person shall be employed as a school district | 41028 |
| treasurer or business manager, and one person shall be employed as | 41029 |
| a school district superintendent. The buckeye association of | 41030 |
| school administrators shall submit a list of two nominees for the | 41031 |
| school district superintendent, the Ohio association of school | 41032 |
| business officials shall submit a list of two nominees for the | 41033 |
| school district treasurer or business manager, the Ohio | 41034 |
| association of elementary school administrators shall submit a | 41035 |
| list of two nominees for the elementary school principal, and the | 41036 |
| Ohio association of secondary school administrators shall submit a | 41037 |
| list of two nominees for the middle school principal and a list of | 41038 |
| two nominees for the secondary school principal. | 41039 |
| | 41040 |
| of education. The Ohio school boards association shall submit a | 41041 |
| list of two nominees for this appointment. | 41042 |
| | 41043 |
| 41044 | |
| 41045 | |
| 41046 | |
| 41047 | |
| 41048 | |
| 41049 | |
| 41050 | |
| 41051 | |
| 41052 | |
| 41053 | |
| 41054 | |
| 41055 | |
| 41056 | |
| 41057 | |
| 41058 | |
| 41059 |
| | 41060 |
| enrolled in a school operated by a school district. The Ohio | 41061 |
| parent teacher association shall submit a list of two nominees | 41062 |
| for this appointment. | 41063 |
| (2) The chancellor of the Ohio board of regents shall appoint | 41064 |
| three persons employed by institutions of higher education that | 41065 |
| offer educator preparation programs. One person shall be employed | 41066 |
| by an institution of higher education that has a certificate of | 41067 |
| authorization under Chapter 1713. of the Revised Code; one person | 41068 |
| shall be employed by a state university, as defined in section | 41069 |
| 3345.011 of the Revised Code, or a university branch; and one | 41070 |
| person shall be employed by a state community college, community | 41071 |
| college, or technical college. Of the two persons appointed from | 41072 |
| an institution of higher education that has a certificate of | 41073 |
| authorization under Chapter 1713. of the Revised Code and from a | 41074 |
| state university or university branch, one shall be employed in a | 41075 |
| college of education and one shall be employed in a college of | 41076 |
| arts and sciences. | 41077 |
| (3) The superintendent of public instruction or a designee of | 41078 |
| the superintendent, the chancellor of the Ohio board of regents or | 41079 |
| a designee of the chancellor, and the chairpersons and the ranking | 41080 |
| minority members of the education committees of the senate and | 41081 |
| house of representatives shall serve as nonvoting, ex officio | 41082 |
| members. | 41083 |
| (B) | 41084 |
| 41085 | |
| 41086 | |
| 41087 | |
| 41088 | |
| for two years. Each member shall hold office from the date of the | 41089 |
| member's appointment until the end of the term for which the | 41090 |
| member was appointed. At the first meeting, appointed members | 41091 |
| shall select a chairperson and a vice-chairperson. Vacancies on | 41092 |
|
the board shall be filled in the same manner as | 41093 |
| prescribed for appointments under division (A) of this section. | 41094 |
| Any member appointed to fill a vacancy occurring prior to the | 41095 |
| expiration of the term for which the member's predecessor was | 41096 |
| appointed shall hold office for the remainder of such term. Any | 41097 |
| member shall continue in office subsequent to the expiration date | 41098 |
| of the member's term until the member's successor takes office, or | 41099 |
| until a period of sixty days has elapsed, whichever occurs first. | 41100 |
| The terms of office of members are renewable. | 41101 |
| (C) Members shall receive no compensation for their services. | 41102 |
| (D) The board shall establish guidelines for its operation. | 41103 |
| These guidelines shall require the creation of a standing | 41104 |
| subcommittee on higher education, and shall permit the creation of | 41105 |
| other standing subcommittees when necessary. The board shall | 41106 |
| determine the membership of any subcommittee it creates. The board | 41107 |
| may select persons who are not members of the board to participate | 41108 |
| in the deliberations of any subcommittee as representatives of | 41109 |
| stakeholder groups, but no such person shall vote on any issue | 41110 |
| before the subcommittee. | 41111 |
| Sec. 3319.61. (A) The educator standards board, in | 41112 |
| consultation with the chancellor of the Ohio board of regents, | 41113 |
| shall do all of the following: | 41114 |
| (1) Develop state standards for teachers and principals that | 41115 |
| reflect what teachers and principals are expected to know and be | 41116 |
| able to do at all stages of their careers. These standards shall | 41117 |
| be aligned with the statewide academic content standards for | 41118 |
| students adopted pursuant to section 3301.079 of the Revised Code, | 41119 |
| be primarily based on educator performance instead of years of | 41120 |
| experience or certain courses completed, and rely on | 41121 |
| evidence-based factors. | 41122 |
| (a) The standards for teachers shall reflect the following | 41123 |
| additional criteria: | 41124 |
| (i) Alignment with the interstate new teacher assessment and | 41125 |
| support consortium standards; | 41126 |
| (ii) Differentiation among novice, experienced, and advanced | 41127 |
| teachers; | 41128 |
| (iii) Reliance on competencies that can be measured; | 41129 |
| (iv) Reliance on content knowledge, teaching skills, | 41130 |
| discipline-specific teaching methods, and requirements for | 41131 |
| professional development; | 41132 |
| (v) Alignment with a career-long system of professional | 41133 |
| development and evaluation that ensures teachers receive the | 41134 |
| support and training needed to achieve the teaching standards as | 41135 |
| well as reliable feedback about how well they meet the standards; | 41136 |
| (vi) The Ohio leadership framework. | 41137 |
| (b) The standards for principals shall be aligned with the | 41138 |
| interstate school leaders licensing consortium standards. | 41139 |
| (2) Develop standards for school district superintendents | 41140 |
| that reflect what superintendents are expected to know and be able | 41141 |
| to do at all stages of their careers. The standards shall reflect | 41142 |
| knowledge of systems theory and effective management principles | 41143 |
| and be aligned with the buckeye association of school | 41144 |
| administrators standards. | 41145 |
| (3) Develop standards for school district treasurers and | 41146 |
| business managers that reflect what treasurers and business | 41147 |
| managers are expected to know and be able to do at all stages of | 41148 |
| their careers. The standards shall reflect knowledge of systems | 41149 |
| theory and effective management principles and be aligned with the | 41150 |
| association of school business officials international standards. | 41151 |
|
(4) Develop standards for the renewal of | 41152 |
|
under | 41153 |
| | 41154 |
| development; | 41155 |
| (6) Investigate and make recommendations for the creation, | 41156 |
| expansion, and implementation of school building and school | 41157 |
| district leadership academies. | 41158 |
| The superintendent of public instruction, the chancellor of | 41159 |
| the Ohio board of regents, or the education standards board itself | 41160 |
| may request that the educator standards board update, review, or | 41161 |
| reconsider any standards developed under this section. | 41162 |
| (B) The educator standards board shall incorporate indicators | 41163 |
| of cultural competency into the standards developed under division | 41164 |
| (A) of this section. For this purpose, the educator standards | 41165 |
| board shall develop a definition of cultural competency based upon | 41166 |
| content and experiences that enable educators to know, understand, | 41167 |
| and appreciate the students, families, and communities that they | 41168 |
| serve and skills for addressing cultural diversity in ways that | 41169 |
| respond equitably and appropriately to the cultural needs of | 41170 |
| individual students. | 41171 |
| (C) In developing the standards under division (A) of this | 41172 |
| section, the educator standards board shall consider the impact of | 41173 |
| the standards on closing the achievement gap between students of | 41174 |
| different subgroups. | 41175 |
| (D) In developing the standards under division (A) of this | 41176 |
|
section, the educator standards board shall ensure | 41177 |
| the following: | 41178 |
| (1) That teachers | 41179 |
| provide appropriate instruction for students identified as gifted | 41180 |
| pursuant to Chapter 3324. of the Revised Code and to assist in the | 41181 |
| identification of such students, and have sufficient knowledge | 41182 |
| that will enable teachers to provide learning opportunities for | 41183 |
| all children to succeed; | 41184 |
| (2) That principals, superintendents, school treasurers, and | 41185 |
| school business managers have sufficient knowledge to provide | 41186 |
| principled, collaborative, foresighted, and data-based leadership | 41187 |
| that will provide learning opportunities for all children to | 41188 |
| succeed. | 41189 |
| (E) The standards for educator professional development | 41190 |
|
developed under division (A) | 41191 |
| 41192 |
| (1) Standards for the inclusion of local professional | 41193 |
| development committees established under section 3319.22 of the | 41194 |
| Revised Code in the planning and design of professional | 41195 |
| development; | 41196 |
| (2) Standards that address the crucial link between academic | 41197 |
| achievement and mental health issues. | 41198 |
| (F) The educator standards board shall also perform the | 41199 |
| following functions: | 41200 |
| (1) | 41201 |
| 41202 | |
| 41203 | |
| 41204 | |
| 41205 | |
| 41206 | |
| 41207 | |
| 41208 | |
| 41209 | |
| 41210 | |
| 41211 |
| | 41212 |
| standards developed under division (A) of this section and make | 41213 |
| recommendations to the state board of education for appropriate | 41214 |
| corrective action if such standards are not met; | 41215 |
| | 41216 |
| professions of teaching and school administration; | 41217 |
| | 41218 |
| between students of different subgroups; | 41219 |
| | 41220 |
| uniformly by all school districts; | 41221 |
| (5) Adopt criteria that a candidate for a lead professional | 41222 |
| educator license under section 3319.22 of the Revised Code who | 41223 |
| does not hold a valid certificate issued by the national board | 41224 |
| for professional teaching standards must meet to be considered a | 41225 |
| lead teacher for purposes of division (B)(4)(d) of that section. | 41226 |
|
It is the intent of the general
assembly that | 41227 |
| 41228 | |
| multiple, equal-weighted criteria to use in determining whether a | 41229 |
|
person is a | 41230 |
| addition to the other standards and qualifications prescribed in | 41231 |
| division (B)(4) of section 3319.22 of the Revised Code. The | 41232 |
|
criteria may include, but shall not be
limited to, | 41233 |
| 41234 | |
| 41235 | |
|
professional development courses | 41236 |
| 41237 | |
| leadership role in the teacher's school building or district. The | 41238 |
| board shall determine the number of criteria that a teacher shall | 41239 |
|
satisfy to be recognized as a
| 41240 |
| not be the total number of criteria adopted by the board. | 41241 |
| (6) Develop model teacher and principal evaluation | 41242 |
| instruments and processes. The models shall be based on the | 41243 |
| standards developed under division (A) of this section and student | 41244 |
| performance over time as determined by value-added data and other | 41245 |
| demonstrations of students' skills and abilities. | 41246 |
| (G) The educator standards board shall submit recommendations | 41247 |
| of standards developed under division (A) of this section to the | 41248 |
|
state board of education | 41249 |
| 41250 | |
| The state board of education shall review those recommendations at | 41251 |
| the state board's regular meeting that next succeeds the date that | 41252 |
| the recommendations are submitted to the state board. At that | 41253 |
| meeting, the state board of education shall vote to either adopt | 41254 |
| standards based on those recommendations or request that the | 41255 |
| educator standards board reconsider its recommendations. The state | 41256 |
| board of education shall articulate reasons for requesting | 41257 |
| reconsideration of the recommendations but shall not direct the | 41258 |
| content of the recommendations. The educator standards board shall | 41259 |
| reconsider its recommendations if the state board of education so | 41260 |
| requests, may revise the recommendations, and shall resubmit the | 41261 |
| recommendations, whether revised or not, to the state board not | 41262 |
| later than two weeks prior to the state board's regular meeting | 41263 |
| that next succeeds the meeting at which the state board requested | 41264 |
| reconsideration of the initial recommendations. The state board of | 41265 |
| education shall review the recommendations as resubmitted by the | 41266 |
| educator standards board at the state board's regular meeting that | 41267 |
| next succeeds the meeting at which the state board requested | 41268 |
| reconsideration of the initial recommendations and may adopt the | 41269 |
| standards as resubmitted or, if the resubmitted standards have not | 41270 |
| addressed the state board's concerns, the state board may modify | 41271 |
| the standards prior to adopting them. The final responsibility to | 41272 |
| determine whether to adopt standards as described in division (A) | 41273 |
| of this section and the content of those standards, if adopted, | 41274 |
| belongs solely to the state board of education. | 41275 |
| Sec. 3319.611. The subcommittee on standards for | 41276 |
| superintendents of the education standards board is hereby | 41277 |
| established. The subcommittee shall consist of the following | 41278 |
| members: | 41279 |
| (A) The school district superintendent appointed to the | 41280 |
| educator standards board under section 3319.60 of the Revised | 41281 |
| Code, who shall act as chairperson of the subcommittee; | 41282 |
| (B) Three additional school district superintendents | 41283 |
| appointed by the state board of education, for terms of two years. | 41284 |
| The buckeye association of school administrators shall submit a | 41285 |
| list of six nominees for appointments under this section. | 41286 |
| (C) Three additional members of the educator standards board, | 41287 |
| appointed by the chairperson of the educator standards board; | 41288 |
| (D) The superintendent of public instruction and the | 41289 |
| chancellor of the Ohio board of regents, or their designees, who | 41290 |
| shall serve as nonvoting, ex officio members of the subcommittee. | 41291 |
| Members of the subcommittee shall receive no compensation for | 41292 |
| their services. The members appointed under divisions (B) and (C) | 41293 |
| of this section may be reappointed. | 41294 |
| The subcommittee shall assist the educator standards board in | 41295 |
| developing the standards for superintendents and with any | 41296 |
| additional matters the educator standards board directs the | 41297 |
| subcommittee to examine. | 41298 |
| Sec. 3319.612. The subcommittee on standards for school | 41299 |
| treasurers and business managers of the educator standards board | 41300 |
| is hereby established. The subcommittee shall consist of the | 41301 |
| following members: | 41302 |
| (A) The school district treasurer or business manager | 41303 |
| appointed to the educator standards board under section 3319.60 of | 41304 |
| the Revised Code, who shall act as chairperson of the | 41305 |
| subcommittee; | 41306 |
| (B) Three additional school district treasurers or business | 41307 |
| managers appointed by the state board of education for terms of | 41308 |
| two years. The Ohio association of school business officials shall | 41309 |
| submit a list of six nominees for appointments under this section. | 41310 |
| (C) Three additional members of the educator standards board, | 41311 |
| appointed by the chairperson of the educator standards board; | 41312 |
| (D) The superintendent of public instruction and the | 41313 |
| chancellor of the Ohio board of regents, or their designees, who | 41314 |
| shall serve as nonvoting, ex officio members of the subcommittee. | 41315 |
| Members of the subcommittee shall receive no compensation for | 41316 |
| their services. The members appointed under divisions (B) and (C) | 41317 |
| of this section may be reappointed. | 41318 |
| The subcommittee shall assist the educator standards board in | 41319 |
| developing the standards for school treasurers and business | 41320 |
| managers and with any additional matters the educator standards | 41321 |
| board directs the subcommittee to examine. | 41322 |
| Sec. 3319.63. The board of education of a school district | 41323 |
| that employs any person who is appointed to serve as a member of | 41324 |
|
the educator standards board under division (A)(1)(a) or | 41325 |
| section 3319.60, as a member of the subcommittee on standards for | 41326 |
| superintendents under division (B) or (C) of section 3319.611, or | 41327 |
| as a member of the subcommittee on standards for school | 41328 |
| treasurers and business managers under division (B) or (C) of | 41329 |
| section 3319.612 of the Revised Code shall grant that person paid | 41330 |
| professional leave for the purpose of attending meetings and | 41331 |
| conducting official business of the educator standards board and | 41332 |
| the subcommittees. | 41333 |
| Sec. 3321.07. If any child attends upon instruction | 41334 |
| elsewhere than in a public school such instruction shall be in a | 41335 |
| school which conforms to the minimum standards prescribed by the | 41336 |
| state board of education. The hours and term of attendance exacted | 41337 |
| shall be equivalent to the hours and term of attendance required | 41338 |
| of children in the public schools of the district, except that | 41339 |
| chartered nonpublic schools shall be permitted to measure the | 41340 |
| minimum school year by the number of hours of learning | 41341 |
| opportunities offered during the school year as prescribed in | 41342 |
| division (L)(3) of section 3314.08 of the Revised Code. This | 41343 |
| section does not require a child to attend a high school instead | 41344 |
| of a vocational, commercial, or other special type of school, | 41345 |
| provided the instruction therein is for a term and for hours | 41346 |
|
equivalent to those of the
high school, and provided | 41347 |
| child's attendance at such school will not interfere with a | 41348 |
| continuous program of education for the child to the age of | 41349 |
| sixteen. | 41350 |
| Sec. 3323.05. The state board of education shall establish | 41351 |
| procedures to ensure that children with disabilities and their | 41352 |
| parents are guaranteed procedural safeguards under this chapter | 41353 |
| with respect to a free appropriate public education. | 41354 |
| The procedures shall include, but need not be limited to: | 41355 |
| (A) An opportunity for the parents of a child with a | 41356 |
| disability to examine all records related to the child and to | 41357 |
| participate in meetings with respect to identification, | 41358 |
| evaluation, and educational placement of the child, and to | 41359 |
| obtain an independent educational evaluation of the child; | 41360 |
| (B) Procedures to protect the rights of the child whenever | 41361 |
| the parents of the child are not known, an agency after making | 41362 |
| reasonable efforts cannot find the parents, or the child is a | 41363 |
|
ward of the state, including the
assignment | 41364 |
| 41365 | |
|
a surrogate for the parents | 41366 |
| educational agency responsible for educating the child or by the | 41367 |
| court with jurisdiction over the child's custody. Such assignment | 41368 |
| shall be made in accordance with section 3323.051 of the Revised | 41369 |
| Code. | 41370 |
| (C) Prior written notice to the child's parents of a school | 41371 |
| district's proposal or refusal to initiate or change the | 41372 |
| identification, evaluation, or educational placement of the child | 41373 |
| or the provision of a free appropriate education for the child. | 41374 |
| The procedures established under this division shall: | 41375 |
| (1) Be designed to ensure that the written prior notice is in | 41376 |
| the native language of the parents, unless it clearly is not | 41377 |
| feasible to do so. | 41378 |
| (2) Specify that the prior written notice shall include: | 41379 |
| (a) A description of the action proposed or refused by the | 41380 |
| district; | 41381 |
| (b) An explanation of why the district proposes or refuses to | 41382 |
| take the action and a description of each evaluation procedure, | 41383 |
| assessment, record, or report the district used as a basis for the | 41384 |
| proposed or refused action; | 41385 |
| (c) A statement that the parents of a child with a disability | 41386 |
| have protection under the procedural safeguards and, if the notice | 41387 |
| is not in regard to an initial referral for evaluation, the means | 41388 |
| by which a copy of a description of the procedural safeguards can | 41389 |
| be obtained; | 41390 |
| (d) Sources for parents to contact to obtain assistance in | 41391 |
| understanding the provisions of Part B of the "Individuals with | 41392 |
| Disabilities Education Improvement Act of 2004"; | 41393 |
| (e) A description of other options considered by the IEP team | 41394 |
| and the reason why those options were rejected; | 41395 |
| (f) A description of the factors that are relevant to the | 41396 |
| agency's proposal or refusal. | 41397 |
| (D) An opportunity for the child's parents to present | 41398 |
| complaints to the superintendent of the child's school district | 41399 |
| of residence with respect to any matter relating to the | 41400 |
| identification, evaluation, or educational placement of the child, | 41401 |
| or the provision of a free appropriate public education under | 41402 |
| this chapter. | 41403 |
| Within twenty school days after receipt of a complaint, the | 41404 |
| district superintendent or the superintendent's designee, without | 41405 |
| undue delay and at a time and place convenient to all parties, | 41406 |
| shall review the case, may conduct an administrative review, and | 41407 |
| shall notify all parties in writing of the superintendent's or | 41408 |
| designee's decision. Where the child is placed in a program | 41409 |
| operated by a county MR/DD board or other educational agency, the | 41410 |
| superintendent shall consult with the administrator of that county | 41411 |
| MR/DD board or agency. | 41412 |
| Any party aggrieved by the decision of the district | 41413 |
| superintendent or the superintendent's designee may file a | 41414 |
| complaint with the state board as provided under division (E) of | 41415 |
| this section, request mediation as provided under division (F) of | 41416 |
| this section, or present a due process complaint notice and | 41417 |
| request for a due process hearing in writing to the superintendent | 41418 |
| of the district, with a copy to the state board, as provided under | 41419 |
| division (G) of this section. | 41420 |
| (E) An opportunity for a party to file a complaint with the | 41421 |
| state board of education with respect to the identification, | 41422 |
| evaluation, or educational placement of the child, or the | 41423 |
| provision of a free appropriate public education to such child. | 41424 |
| The department of education shall review and, where appropriate, | 41425 |
| investigate the complaint and issue findings. | 41426 |
| (F) An opportunity for parents and a school district to | 41427 |
| resolve through mediation disputes involving any matter. | 41428 |
| (1) The procedures established under this section shall | 41429 |
| ensure that the mediation process is voluntary on the part of the | 41430 |
| parties, is not used to deny or delay a parent's right to a due | 41431 |
| process hearing or to deny any other rights afforded under this | 41432 |
| chapter, and is conducted by a qualified and impartial mediator | 41433 |
| who is trained in effective mediation techniques. | 41434 |
| (2) A school district may establish procedures to offer to | 41435 |
| parents and schools that choose not to use the mediation process, | 41436 |
| an opportunity to meet, at a time and location convenient to the | 41437 |
| parents, with a disinterested party to encourage the use, and | 41438 |
| explain the benefits, of the mediation process to the parents. The | 41439 |
| disinterested party shall be an individual who is under contract | 41440 |
| with a parent training and information center or community parent | 41441 |
| resource center in the state or is under contract with an | 41442 |
| appropriate alternative dispute resolution entity. | 41443 |
| (3) The department shall maintain a list of individuals who | 41444 |
| are qualified mediators and knowledgeable in laws and regulations | 41445 |
| relating to the provision of special education and related | 41446 |
| services. | 41447 |
| (4) The department shall bear the cost of the mediation | 41448 |
| process, including the costs of meetings described in division | 41449 |
| (F)(2) of this section. | 41450 |
| (5) Each session in the mediation process shall be scheduled | 41451 |
| in a timely manner and shall be held in a location that is | 41452 |
| convenient to the parties to the dispute. | 41453 |
| (6) Discussions that occur during the mediation process shall | 41454 |
| be confidential and shall not be used as evidence in any | 41455 |
| subsequent due process hearing or civil proceeding. | 41456 |
| (7) In the case that a resolution is reached to resolve the | 41457 |
| complaint through the mediation process, the parties shall execute | 41458 |
| a legally binding agreement that sets forth the resolution and | 41459 |
| that: | 41460 |
| (a) States that all discussions that occurred during the | 41461 |
| mediation process shall be confidential and shall not be used as | 41462 |
| evidence in any subsequent due process hearing or civil | 41463 |
| proceeding; | 41464 |
| (b) Is signed by both the parent and a representative for the | 41465 |
| school district who has the authority to bind the district; | 41466 |
| (c) Is enforceable in any state court of competent | 41467 |
| jurisdiction or in a district court of the United States. | 41468 |
| (G)(1) An opportunity for parents or a school district to | 41469 |
| present a due process complaint and request for a due process | 41470 |
| hearing to the superintendent of the school district of the | 41471 |
| child's residence with respect to the identification, evaluation, | 41472 |
| or educational placement of the child, or the provision of a free | 41473 |
| appropriate public education to the child. The party presenting | 41474 |
| the due process complaint and request for a due process hearing | 41475 |
| shall provide due process complaint notice to the other party and | 41476 |
| forward a copy of the notice to the state board. The due process | 41477 |
| complaint notice shall include: | 41478 |
| (a) The name of the child, the address of the residence of | 41479 |
| the child, or the available contact information in the case of a | 41480 |
| homeless child, and the name of the school the child is attending; | 41481 |
| (b) A description of the nature of the problem of the child | 41482 |
| relating to the proposed initiation or change, including facts | 41483 |
| relating to the problem; | 41484 |
| (c) A proposed resolution of the problem to the extent known | 41485 |
| and available to the party at the time. | 41486 |
| A party shall not have a due process hearing until the party, | 41487 |
| or the attorney representing the party, files a notice that meets | 41488 |
| the requirement for filing a due process complaint notice. | 41489 |
| A due process hearing shall be conducted by an impartial | 41490 |
| hearing officer in accordance with standards and procedures | 41491 |
| adopted by the state board. A hearing officer shall not be an | 41492 |
| employee of the state board or any agency involved in the | 41493 |
| education or care of the child or a person having a personal or | 41494 |
| professional interest that conflicts with the person's objectivity | 41495 |
| in the hearing. A hearing officer shall possess knowledge of, and | 41496 |
| the ability to understand, the provisions of the "Individuals with | 41497 |
| Disabilities Education Improvement Act of 2004," federal and state | 41498 |
| regulations pertaining to that act, and legal interpretations of | 41499 |
| that act by federal and state courts; possess the knowledge and | 41500 |
| ability to conduct hearings in accordance with appropriate | 41501 |
| standard legal practice; and possess the knowledge and ability to | 41502 |
| render and write decisions in accordance with appropriate standard | 41503 |
| legal practice. The due process requirements of section 615 of the | 41504 |
| "Individuals with Disabilities Education Improvement Act of 2004," | 41505 |
| 20 U.S.C. 1415, apply to due process complaint notices and | 41506 |
| requests for due process hearings and to due process hearings held | 41507 |
| under division (G) of this section, including, but not limited to, | 41508 |
| timelines for requesting hearings, requirements for sufficient | 41509 |
| complaint notices, resolution sessions, and sufficiency and | 41510 |
| hearing decisions. | 41511 |
| (2) Discussions that occur during a resolution session shall | 41512 |
| be confidential and shall not be used as evidence in any | 41513 |
| subsequent due process hearing or civil proceeding. If a | 41514 |
| resolution to the dispute is reached at a resolution session, the | 41515 |
| parties must execute a legally binding written settlement | 41516 |
| agreement which shall state that all discussions that occurred | 41517 |
| during the resolution process shall be confidential and shall not | 41518 |
| be used as evidence in any subsequent due process hearing or civil | 41519 |
| proceeding. | 41520 |
| (3) A party to a hearing under division (G) of this section | 41521 |
| shall be accorded: | 41522 |
| (a) The right to be accompanied and advised by counsel and by | 41523 |
| individuals with special knowledge or training with respect to the | 41524 |
| problems of children with disabilities; | 41525 |
| (b) The right to present evidence and confront, | 41526 |
| cross-examine, and compel the attendance of witnesses; | 41527 |
| (c) The right to a written or electronic verbatim record of | 41528 |
| the hearing; | 41529 |
| (d) The right to written findings of fact and decisions, | 41530 |
| which findings of fact and decisions shall be made available to | 41531 |
| the public consistent with the requirements relating to the | 41532 |
| confidentiality of personally identifiable data, information, and | 41533 |
| records collected and maintained by state educational agencies and | 41534 |
| local educational agencies; and shall be transmitted to the | 41535 |
| advisory panel established and maintained by the department for | 41536 |
| the purpose of providing policy guidance with respect to special | 41537 |
| education and related services for children with disabilities in | 41538 |
| the state. | 41539 |
| (H) An opportunity for any party aggrieved by the findings | 41540 |
| and decision rendered in a hearing under division (G) of this | 41541 |
| section to appeal within forty-five days of notification of the | 41542 |
| decision to the state board, which shall appoint a state level | 41543 |
| officer who shall review the case and issue a final order. The | 41544 |
| state level officer shall be appointed and shall review the case | 41545 |
| in accordance with standards and procedures adopted by the state | 41546 |
| board. | 41547 |
| Any party aggrieved by the final order of the state level | 41548 |
| officer may appeal the final order, in accordance with Chapter | 41549 |
| 119. of the Revised Code, within forty-five days after | 41550 |
| notification of the order to the court of common pleas of the | 41551 |
| county in which the child's school district of residence is | 41552 |
| located, or to a district court of the United States within | 41553 |
| ninety days after the date of the decision of the state level | 41554 |
| review officer, as provided in section 615(i)(2) of the | 41555 |
| "Individuals with Disabilities Education Improvement Act of | 41556 |
| 2004," 20 U.S.C. 1415(i)(2). | 41557 |
| Sec. 3323.052. Not later than January 31, 2011, the | 41558 |
| department of education shall develop a document that compares a | 41559 |
| parent's and child's rights under this chapter and 20 U.S.C. 1400 | 41560 |
| et seq. with the parent's and child's rights under the special | 41561 |
| education scholarship pilot program, established in sections | 41562 |
| 3310.51 to 3310.64 of the Revised Code, including the deadline for | 41563 |
| application for a scholarship or renewal of a scholarship and | 41564 |
| notice of that application to the child's school district, | 41565 |
| prescribed in division (C) of section 3310.52 of the Revised Code, | 41566 |
| and the provisions of divisions (A) and (B) of section 3310.53 of | 41567 |
| the Revised Code. The department shall revise that document as | 41568 |
| necessary to reflect any pertinent changes in state or federal | 41569 |
| statutory law, rule, or regulation enacted or adopted after the | 41570 |
| initial document is developed. The department and each school | 41571 |
| district shall ensure that the document prescribed in this section | 41572 |
| is included in, appended to, or otherwise distributed in | 41573 |
| conjunction with the notice required under 20 U.S.C. 1415(d), and | 41574 |
| any provision of the Code of Federal Regulations implementing that | 41575 |
| requirement, in the manner and at all the times specified for such | 41576 |
| notice in federal law or regulation. As used in this section, a | 41577 |
| "child's school district" means the school district in which the | 41578 |
| child is entitled to attend school under section 3313.64 or | 41579 |
| 3313.65 of the Revised Code. | 41580 |
| Sec. 3326.11. Each science, technology, engineering, and | 41581 |
| mathematics school established under this chapter and its | 41582 |
| governing body shall comply with sections 9.90, 9.91, 109.65, | 41583 |
| 121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43, | 41584 |
| 3301.0712, 3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, | 41585 |
| 3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, | 41586 |
| 3313.50, 3313.536, 3313.608, 3313.6012, 3313.6013, 3313.6014, | 41587 |
| 3313.61, 3313.611, 3313.614, 3313.615, 3313.643, 3313.648, | 41588 |
| 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67, | 41589 |
| 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, | 41590 |
| 3313.718, 3313.719, 3313.80, 3313.801, 3313.86, 3313.96, 3319.073, | 41591 |
| 3319.21, 3319.32, 3319.321, 3319.35, 3319.39, 3319.391, | 41592 |
| 3319.45, 3321.01, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, | 41593 |
| 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters | 41594 |
| 102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112., | 41595 |
| 4123., 4141., and 4167. of the Revised Code as if it were a | 41596 |
| school district. | 41597 |
| Sec. 3326.36. The department of education shall reduce the | 41598 |
| amounts paid to a science, technology, engineering, and | 41599 |
| mathematics school under section 3326.33 of the Revised Code to | 41600 |
| reflect payments made to colleges under division (B) of section | 41601 |
| 3365.07 of the Revised Code or through alternative funding | 41602 |
| agreements entered into under rules adopted under section 3365.12 | 41603 |
| of the Revised Code. A student shall be considered enrolled in | 41604 |
| the school for any portion of the school year the student is | 41605 |
| attending a college under Chapter 3365. of the Revised Code. | 41606 |
| Sec. 3327.10. (A) No person shall be employed as driver of a | 41607 |
| school bus or motor van, owned and operated by any school district | 41608 |
| or educational service center or privately owned and operated | 41609 |
| under contract with any school district or service center in this | 41610 |
| state, who has not received a certificate from the educational | 41611 |
| service center governing board in case such person is employed by | 41612 |
| a service center or by a local school district under the | 41613 |
| supervision of the service center governing board, or by the | 41614 |
| superintendent of schools, in case such person is employed by the | 41615 |
| board of a city or exempted village school district, certifying | 41616 |
| that such person is at least eighteen years of age and is of good | 41617 |
| moral character and is qualified physically and otherwise for such | 41618 |
| position. The service center governing board or the | 41619 |
| superintendent, as the case may be, shall provide for an annual | 41620 |
| physical examination that conforms with rules adopted by the state | 41621 |
| board of education of each driver to ascertain the driver's | 41622 |
| physical fitness for such employment. Any certificate may be | 41623 |
| revoked by the authority granting the same on proof that the | 41624 |
| holder has been guilty of failing to comply with division (D)(1) | 41625 |
| of this section, or upon a conviction or a guilty plea for a | 41626 |
| violation, or any other action, that results in a loss or | 41627 |
| suspension of driving rights. Failure to comply with such division | 41628 |
| may be cause for disciplinary action or termination of employment | 41629 |
| under division (C) of section 3319.081, or section 124.34 of the | 41630 |
| Revised Code. | 41631 |
| (B) No person shall be employed as driver of a school bus or | 41632 |
| motor van not subject to the rules of the department of education | 41633 |
| pursuant to division (A) of this section who has not received a | 41634 |
| certificate from the school administrator or contractor certifying | 41635 |
| that such person is at least eighteen years of age, is of good | 41636 |
| moral character, and is qualified physically and otherwise for | 41637 |
| such position. Each driver shall have an annual physical | 41638 |
| examination which conforms to the state highway patrol rules, | 41639 |
| ascertaining the driver's physical fitness for such employment. | 41640 |
| The examination shall be performed by one of the following: | 41641 |
| (1) A person licensed under Chapter 4731. of the Revised Code | 41642 |
| or by another state to practice medicine and surgery or | 41643 |
| osteopathic medicine and surgery; | 41644 |
| (2) A physician assistant; | 41645 |
| (3) A certified nurse practitioner; | 41646 |
| (4) A clinical nurse specialist; | 41647 |
| (5) A certified nurse-midwife. | 41648 |
| Any written documentation of the physical examination shall | 41649 |
| be completed by the individual who performed the examination. | 41650 |
| Any certificate may be revoked by the authority granting the | 41651 |
| same on proof that the holder has been guilty of failing to comply | 41652 |
| with division (D)(2) of this section. | 41653 |
| (C) Any person who drives a school bus or motor van must give | 41654 |
| satisfactory and sufficient bond except a driver who is an | 41655 |
| employee of a school district and who drives a bus or motor van | 41656 |
| owned by the school district. | 41657 |
| (D) No person employed as driver of a school bus or motor van | 41658 |
| under this section who is convicted of a traffic violation or who | 41659 |
| has had the person's commercial driver's license suspended shall | 41660 |
| drive a school bus or motor van until the person has filed a | 41661 |
| written notice of the conviction or suspension, as follows: | 41662 |
| (1) If the person is employed under division (A) of this | 41663 |
| section, the person shall file the notice with the superintendent, | 41664 |
| or a person designated by the superintendent, of the school | 41665 |
| district for which the person drives a school bus or motor van as | 41666 |
| an employee or drives a privately owned and operated school bus or | 41667 |
| motor van under contract. | 41668 |
| (2) If employed under division (B) of this section, the | 41669 |
| person shall file the notice with the employing school | 41670 |
| administrator or contractor, or a person designated by the | 41671 |
| administrator or contractor. | 41672 |
| (E) In addition to resulting in possible revocation of a | 41673 |
| certificate as authorized by divisions (A) and (B) of this | 41674 |
| section, violation of division (D) of this section is a minor | 41675 |
| misdemeanor. | 41676 |
| (F)(1) Not later than thirty days after June 30, 2007, each | 41677 |
| owner of a school bus or motor van shall obtain the complete | 41678 |
| driving record for each person who is currently employed or | 41679 |
| otherwise authorized to drive the school bus or motor van. An | 41680 |
| owner of a school bus or motor van shall not permit a person to | 41681 |
| operate the school bus or motor van for the first time before the | 41682 |
| owner has obtained the person's complete driving record. | 41683 |
| Thereafter, the owner of a school bus or motor van shall obtain | 41684 |
| the person's driving record not less frequently than semiannually | 41685 |
| if the person remains employed or otherwise authorized to drive | 41686 |
| the school bus or motor van. An owner of a school bus or motor | 41687 |
| van shall not permit a person to resume operating a school bus or | 41688 |
| motor van, after an interruption of one year or longer, before the | 41689 |
| owner has obtained the person's complete driving record. | 41690 |
| (2) The owner of a school bus or motor van shall not permit a | 41691 |
| person to operate the school bus or motor van for six years after | 41692 |
| the date on which the person pleads guilty to or is convicted of | 41693 |
| a violation of section 4511.19 of the Revised Code or a | 41694 |
| substantially equivalent municipal ordinance. | 41695 |
| (3) An owner of a school bus or motor van shall not permit | 41696 |
| any person to operate such a vehicle unless the person meets all | 41697 |
| other requirements contained in rules adopted by the state board | 41698 |
| of education prescribing qualifications of drivers of school | 41699 |
| buses and other student transportation. | 41700 |
| (G) No superintendent of a school district, educational | 41701 |
| service center, community school, or public or private employer | 41702 |
| shall permit the operation of a vehicle used for pupil | 41703 |
| transportation within this state by an individual unless both of | 41704 |
| the following apply: | 41705 |
| (1) Information pertaining to that driver has been submitted | 41706 |
| to the department of education, pursuant to procedures adopted by | 41707 |
| that department. Information to be reported shall include the name | 41708 |
| of the employer or school district, name of the driver, driver | 41709 |
| license number, date of birth, date of hire, status of physical | 41710 |
| evaluation, and status of training. | 41711 |
| (2) The most recent criminal records check required by | 41712 |
|
division (J) of this section | 41713 |
| 41714 | |
| by the superintendent or public or private employer. | 41715 |
| (H) A person, school district, educational service center, | 41716 |
| community school, nonpublic school, or other public or nonpublic | 41717 |
| entity that owns a school bus or motor van, or that contracts with | 41718 |
| another entity to operate a school bus or motor van, may impose | 41719 |
| more stringent restrictions on drivers than those prescribed in | 41720 |
| this section, in any other section of the Revised Code, and in | 41721 |
| rules adopted by the state board. | 41722 |
| (I) For qualified drivers who, on July 1, 2007, are employed | 41723 |
| by the owner of a school bus or motor van to drive the school | 41724 |
| bus or motor van, any instance in which the driver was convicted | 41725 |
| of or pleaded guilty to a violation of section 4511.19 of the | 41726 |
| Revised Code or a substantially equivalent municipal ordinance | 41727 |
| prior to two years prior to July 1, 2007, shall not be | 41728 |
| considered a disqualifying event with respect to division (F) of | 41729 |
| this section. | 41730 |
| (J)(1) This division applies to persons hired by a school | 41731 |
| district, educational service center, community school, chartered | 41732 |
| nonpublic school, or science, technology, engineering, and | 41733 |
| mathematics school established under Chapter 3326. of the Revised | 41734 |
| Code to operate a vehicle used for pupil transportation. | 41735 |
| For each person to whom this division applies who is hired on | 41736 |
| or after November 14, 2007, the employer shall request a | 41737 |
| criminal records check in accordance with section 3319.39 of the | 41738 |
| Revised Code and every six years thereafter. For each person to | 41739 |
| whom this division applies who is hired prior to that date, the | 41740 |
| employer shall request a criminal records check by a date | 41741 |
| prescribed by the department of education and every six years | 41742 |
| thereafter. | 41743 |
| (2) This division applies to persons hired by a public or | 41744 |
| private employer not described in division (J)(1) of this section | 41745 |
| to operate a vehicle used for pupil transportation. | 41746 |
| For each person to whom this division applies who is hired on | 41747 |
| or after November 14, 2007, the employer shall request a | 41748 |
| criminal records check prior to the person's hiring and every | 41749 |
| six years thereafter. For each person to whom this division | 41750 |
| applies who is hired prior to that date, the employer shall | 41751 |
| request a criminal records check by a date prescribed by the | 41752 |
| department and every six years thereafter. | 41753 |
| (3) Each request for a criminal records check under division | 41754 |
| (J) of this section shall be made to the superintendent of the | 41755 |
| bureau of criminal identification and investigation in the manner | 41756 |
| prescribed in section 3319.39 of the Revised Code, except that if | 41757 |
| both of the following conditions apply to the person subject to | 41758 |
| the records check, the employer shall request the superintendent | 41759 |
| only to obtain any criminal records that the federal bureau of | 41760 |
| investigation has on the person: | 41761 |
| (a) The employer previously requested the superintendent to | 41762 |
| determine whether the bureau of criminal identification and | 41763 |
| investigation has any information, gathered pursuant to division | 41764 |
| (A) of section 109.57 of the Revised Code, on the person in | 41765 |
| conjunction with a criminal records check requested under section | 41766 |
| 3319.39 of the Revised Code or under division (J) of this section. | 41767 |
| (b) The person presents proof that the person has been a | 41768 |
| resident of this state for the five-year period immediately prior | 41769 |
| to the date upon which the person becomes subject to a criminal | 41770 |
|
records check under this section. | 41771 |
| Upon receipt of
a request, the | 41772 |
| conduct the criminal records check in accordance with section | 41773 |
| 109.572 of the Revised Code as if the request had been made under | 41774 |
| section 3319.39 of the Revised Code. However, as specified in | 41775 |
| division (B)(2) of section 109.572 of the Revised Code, if the | 41776 |
| employer requests the superintendent only to obtain any criminal | 41777 |
| records that the federal bureau of investigation has on the person | 41778 |
| for whom the request is made, the superintendent shall not conduct | 41779 |
| the review prescribed by division (B)(1) of that section. | 41780 |
| (K) Any person who is the subject of a criminal records check | 41781 |
| under division (J) of this section and has been convicted of or | 41782 |
| pleaded guilty to any offense described in division (C) of | 41783 |
| section 3319.31 of the Revised Code shall not be hired or shall | 41784 |
| be released from employment. | 41785 |
| Sec. 3333.04. The chancellor of the Ohio board of regents | 41786 |
| shall: | 41787 |
| (A) Make studies of state policy in the field of higher | 41788 |
| education and formulate a master plan for higher education for the | 41789 |
| state, considering the needs of the people, the needs of the | 41790 |
| state, and the role of individual public and private institutions | 41791 |
| within the state in fulfilling these needs; | 41792 |
| (B)(1) Report annually to the governor and the general | 41793 |
| assembly on the findings from the chancellor's studies and the | 41794 |
| master plan for higher education for the state; | 41795 |
| (2) Report at least semiannually to the general assembly and | 41796 |
| the governor the enrollment numbers at each state-assisted | 41797 |
| institution of higher education. | 41798 |
| (C) Approve or disapprove the establishment of new branches | 41799 |
| or academic centers of state colleges and universities; | 41800 |
| (D) Approve or disapprove the establishment of state | 41801 |
| technical colleges or any other state institution of higher | 41802 |
| education; | 41803 |
| (E) Recommend the nature of the programs, undergraduate, | 41804 |
| graduate, professional, state-financed research, and public | 41805 |
| services which should be offered by the state colleges, | 41806 |
| universities, and other state-assisted institutions of higher | 41807 |
| education in order to utilize to the best advantage their | 41808 |
| facilities and personnel; | 41809 |
| (F) Recommend to the state colleges, universities, and other | 41810 |
| state-assisted institutions of higher education graduate or | 41811 |
| professional programs, including, but not limited to, doctor of | 41812 |
| philosophy, doctor of education, and juris doctor programs, that | 41813 |
| could be eliminated because they constitute unnecessary | 41814 |
| duplication, as shall be determined using the process developed | 41815 |
| pursuant to this division, or for other good and sufficient cause. | 41816 |
| Prior to recommending a program for elimination, the chancellor | 41817 |
| shall request the board of regents to hold at least one public | 41818 |
| hearing on the matter and advise the chancellor on whether the | 41819 |
| program should be recommended for elimination. The board shall | 41820 |
| provide notice of each hearing within a reasonable amount of time | 41821 |
| prior to its scheduled date. Following the hearing, the board | 41822 |
| shall issue a recommendation to the chancellor. The chancellor | 41823 |
| shall consider the board's recommendation but shall not be | 41824 |
| required to accept it. | 41825 |
| For purposes of determining the amounts of any state | 41826 |
| instructional subsidies paid to state colleges, universities, and | 41827 |
| other state-assisted institutions of higher education, the | 41828 |
| chancellor may exclude students enrolled in any program that the | 41829 |
| chancellor has recommended for elimination pursuant to this | 41830 |
| division except that the chancellor shall not exclude any such | 41831 |
| student who enrolled in the program prior to the date on which the | 41832 |
| chancellor initially commences to exclude students under this | 41833 |
| division. | 41834 |
| The chancellor and state colleges, universities, and other | 41835 |
| state-assisted institutions of higher education shall jointly | 41836 |
| develop a process for determining which existing graduate or | 41837 |
| professional programs constitute unnecessary duplication. | 41838 |
| (G) Recommend to the state colleges, universities, and other | 41839 |
| state-assisted institutions of higher education programs which | 41840 |
| should be added to their present programs; | 41841 |
| (H) Conduct studies for the state colleges, universities, and | 41842 |
| other state-assisted institutions of higher education to assist | 41843 |
| them in making the best and most efficient use of their existing | 41844 |
| facilities and personnel; | 41845 |
| (I) Make recommendations to the governor and general assembly | 41846 |
| concerning the development of state-financed capital plans for | 41847 |
| higher education; the establishment of new state colleges, | 41848 |
| universities, and other state-assisted institutions of higher | 41849 |
| education; and the establishment of new programs at the existing | 41850 |
| state colleges, universities, and other institutions of higher | 41851 |
| education; | 41852 |
| (J) Review the appropriation requests of the public community | 41853 |
| colleges and the state colleges and universities and submit to the | 41854 |
| office of budget and management and to the chairpersons of the | 41855 |
| finance committees of the house of representatives and of the | 41856 |
| senate the chancellor's recommendations in regard to the biennial | 41857 |
| higher education appropriation for the state, including | 41858 |
| appropriations for the individual state colleges and universities | 41859 |
| and public community colleges. For the purpose of determining the | 41860 |
| amounts of instructional subsidies to be paid to state-assisted | 41861 |
| colleges and universities, the chancellor shall define "full-time | 41862 |
| equivalent student" by program per academic year. The definition | 41863 |
| may take into account the establishment of minimum enrollment | 41864 |
| levels in technical education programs below which support | 41865 |
| allowances will not be paid. Except as otherwise provided in this | 41866 |
| section, the chancellor shall make no change in the definition of | 41867 |
| "full-time equivalent student" in effect on November 15, 1981, | 41868 |
| which would increase or decrease the number of subsidy-eligible | 41869 |
| full-time equivalent students, without first submitting a fiscal | 41870 |
| impact statement to the president of the senate, the speaker of | 41871 |
| the house of representatives, the legislative service commission, | 41872 |
| and the director of budget and management. The chancellor shall | 41873 |
| work in close cooperation with the director of budget and | 41874 |
| management in this respect and in all other matters concerning the | 41875 |
| expenditures of appropriated funds by state colleges, | 41876 |
| universities, and other institutions of higher education. | 41877 |
| (K) Seek the cooperation and advice of the officers and | 41878 |
| trustees of both public and private colleges, universities, and | 41879 |
| other institutions of higher education in the state in performing | 41880 |
| the chancellor's duties and making the chancellor's plans, | 41881 |
| studies, and recommendations; | 41882 |
| (L) Appoint advisory committees consisting of persons | 41883 |
| associated with public or private secondary schools, members of | 41884 |
| the state board of education, or personnel of the state department | 41885 |
| of education; | 41886 |
| (M) Appoint advisory committees consisting of college and | 41887 |
| university personnel, or other persons knowledgeable in the field | 41888 |
| of higher education, or both, in order to obtain their advice and | 41889 |
| assistance in defining and suggesting solutions for the problems | 41890 |
| and needs of higher education in this state; | 41891 |
| (N) Approve or disapprove all new degrees and new degree | 41892 |
| programs at all state colleges, universities, and other | 41893 |
| state-assisted institutions of higher education; | 41894 |
| (O) Adopt such rules as are necessary to carry out the | 41895 |
| chancellor's duties and responsibilities. The rules shall | 41896 |
| prescribe procedures for the chancellor to follow when taking | 41897 |
| actions associated with the chancellor's duties and | 41898 |
| responsibilities and shall indicate which types of actions are | 41899 |
| subject to those procedures. The procedures adopted under this | 41900 |
| division shall be in addition to any other procedures prescribed | 41901 |
| by law for such actions. However, if any other provision of the | 41902 |
| Revised Code or rule adopted by the chancellor prescribes | 41903 |
| different procedures for such an action, the procedures adopted | 41904 |
| under this division shall not apply to that action to the extent | 41905 |
| they conflict with the procedures otherwise prescribed by law. The | 41906 |
| procedures adopted under this division shall include at least the | 41907 |
| following: | 41908 |
| (1) Provision for public notice of the proposed action; | 41909 |
| (2) An opportunity for public comment on the proposed action, | 41910 |
| which may include a public hearing on the action by the board of | 41911 |
| regents; | 41912 |
| (3) Methods for parties that may be affected by the proposed | 41913 |
| action to submit comments during the public comment period; | 41914 |
| (4) Submission of recommendations from the board of regents | 41915 |
| regarding the proposed action, at the request of the chancellor; | 41916 |
| (5) Written publication of the final action taken by the | 41917 |
| chancellor and the chancellor's rationale for the action; | 41918 |
| (6) A timeline for the process described in divisions (O)(1) | 41919 |
| to (5) of this section. | 41920 |
| (P) Establish and submit to the governor and the general | 41921 |
| assembly a clear and measurable set of goals and timetables for | 41922 |
| their achievement for each program under the chancellor's | 41923 |
| supervision that is designed to accomplish any of the following: | 41924 |
| (1) Increased access to higher education; | 41925 |
| (2) Job training; | 41926 |
| (3) Adult literacy; | 41927 |
| (4) Research; | 41928 |
| (5) Excellence in higher education; | 41929 |
| (6) Reduction in the number of graduate programs within the | 41930 |
| same subject area. | 41931 |
| In July of each odd-numbered year, the chancellor shall | 41932 |
| submit to the governor and the general assembly a report on | 41933 |
| progress made toward these goals. | 41934 |
| (Q) Make recommendations to the governor and the general | 41935 |
| assembly regarding the design and funding of the student financial | 41936 |
| aid programs specified in sections 3333.12, 3333.122, 3333.21 to | 41937 |
| 41938 |
| (R) Participate in education-related state or federal | 41939 |
| programs on behalf of the state and assume responsibility for the | 41940 |
| administration of such programs in accordance with applicable | 41941 |
| state or federal law; | 41942 |
| (S) Adopt rules for student financial aid programs as | 41943 |
|
required by sections 3333.12, 3333.122, 3333.21 to
| 41944 |
| 3333.26, 3333.28, and 5910.02 of the Revised Code, and perform | 41945 |
| any other administrative functions assigned to the chancellor by | 41946 |
| those sections; | 41947 |
| (T) Conduct enrollment audits of state-supported | 41948 |
| institutions of higher education; | 41949 |
| (U) Appoint consortia of college and university personnel | 41950 |
| to advise or participate in the development and operation of | 41951 |
| statewide collaborative efforts, including the Ohio supercomputer | 41952 |
| center, the Ohio academic resources network, OhioLink, and the | 41953 |
| Ohio learning network. For each consortium, the chancellor shall | 41954 |
| designate a college or university to serve as that consortium's | 41955 |
| fiscal agent, financial officer, and employer. Any funds | 41956 |
| appropriated for the consortia shall be distributed to the | 41957 |
| fiscal agents for the operation of the consortia. A consortium | 41958 |
| shall follow the rules of the college or university that serves | 41959 |
| as its fiscal agent. The chancellor may restructure existing | 41960 |
| consortia, appointed under this division, in accordance with | 41961 |
| procedures adopted under divisions (D)(1) to (6) of this section. | 41962 |
| (V) Adopt rules establishing advisory duties and | 41963 |
| responsibilities of the board of regents not otherwise prescribed | 41964 |
| by law; | 41965 |
| (W) Respond to requests for information about higher | 41966 |
| education from members of the general assembly and direct staff to | 41967 |
| conduct research or analysis as needed for this purpose. | 41968 |
| Sec. 3333.048. (A) Not later than one year after the | 41969 |
| effective date of this section, the chancellor of the Ohio board | 41970 |
| of regents and the superintendent of public instruction jointly | 41971 |
| shall do the following: | 41972 |
| (1) In accordance with Chapter 119. of the Revised Code, | 41973 |
| establish metrics and educator preparation programs for the | 41974 |
| preparation of educators and other school personnel and the | 41975 |
| institutions of higher education that are engaged in their | 41976 |
| preparation. The metrics and educator preparation programs shall | 41977 |
| be aligned with the standards and qualifications for educator | 41978 |
| licenses adopted by the state board of education under section | 41979 |
| 3319.22 of the Revised Code and the requirements of the Ohio | 41980 |
| teacher residency program established under section 3319.223 of | 41981 |
| the Revised Code. The metrics and educator preparation programs | 41982 |
| also shall ensure that educators and other school personnel are | 41983 |
| adequately prepared to use the value-added progress dimension | 41984 |
| prescribed by section 3302.021 of the Revised Code. | 41985 |
| (2) Provide for the inspection of institutions of higher | 41986 |
| education desiring to prepare educators and other school | 41987 |
| personnel. | 41988 |
| (B) Not later than one year after the effective date of this | 41989 |
| section, the chancellor shall approve institutions of higher | 41990 |
| education engaged in the preparation of educators and other school | 41991 |
| personnel that maintain satisfactory training procedures and | 41992 |
| records of performance, as determined by the chancellor. | 41993 |
| (C) If the metrics established under division (A)(1) of this | 41994 |
| section require an institution of higher education that prepares | 41995 |
| teachers to satisfy the standards of an independent accreditation | 41996 |
| organization, the chancellor shall permit each institution to | 41997 |
| satisfy the standards of either the national council for | 41998 |
| accreditation of teacher education or the teacher education | 41999 |
| accreditation council. | 42000 |
| (D) The metrics and educator preparation programs established | 42001 |
| under division (A)(1) of this section may require an institution | 42002 |
| of higher education, as a condition of approval by the | 42003 |
| chancellor, to make changes in the curricula of its preparation | 42004 |
| programs for educators and other school personnel. | 42005 |
| Notwithstanding division (D) of section 119.03 and division | 42006 |
| (A)(1) of section 119.04 of the Revised Code, any metrics, | 42007 |
| educator preparation programs, rules, and regulations, or any | 42008 |
| amendment or rescission of such metrics, educator preparation | 42009 |
| programs, rules, and regulations, adopted under this section that | 42010 |
| necessitate institutions offering preparation programs for | 42011 |
| educators and other school personnel approved by the chancellor | 42012 |
| to revise the curricula of those programs shall not be effective | 42013 |
| for at least one year after the first day of January next | 42014 |
| succeeding the publication of the said change. | 42015 |
| Each institution shall allocate money from its existing | 42016 |
| appropriations to pay the cost of making the curricular changes. | 42017 |
| (E) The chancellor shall notify the state board of the | 42018 |
| metrics and educator preparation programs established under | 42019 |
| division (A)(1) of this section and the institutions of higher | 42020 |
| education approved under division (B) of this section. The state | 42021 |
| board shall publish the metrics, educator preparation programs, | 42022 |
| and approved institutions with the standards and qualifications | 42023 |
| for each type of educator license. | 42024 |
| (F) The graduates of institutions of higher education | 42025 |
| approved by the chancellor shall be licensed by the state board in | 42026 |
| accordance with the standards and qualifications adopted under | 42027 |
| section 3319.22 of the Revised Code. | 42028 |
| | 42029 |
| chancellor of the Ohio board of regents, in collaboration with the | 42030 |
| 42031 | |
| annual report on the quality of institutions approved for the | 42032 |
|
preparation of teachers pursuant to section | 42033 |
|
the Revised Code. The | 42034 |
|
report in collaboration with the state board | 42035 |
| teacher quality partnership and shall use data collected by the | 42036 |
| partnership and other educational agencies as the basis for the | 42037 |
| information contained in the report. The report shall include at | 42038 |
| least the following information: | 42039 |
| (A) Identification of best practices in the preparation of | 42040 |
| teachers drawn from research conducted by the teacher quality | 42041 |
| partnership and other regional and national educational research | 42042 |
| efforts; | 42043 |
| (B) A plan for implementing best practices in approved | 42044 |
| teacher preparation institutions; | 42045 |
| (C) The number of graduates of approved teacher preparation | 42046 |
| institutions who graduated with a subject area specialty and teach | 42047 |
| grades seven through twelve. The number shall be disaggregated | 42048 |
| according to the subject areas of mathematics, science, foreign | 42049 |
| language, special education and related services, and any other | 42050 |
|
subject area determined by the | 42051 |
| (D) A plan to be implemented by the teacher preparation | 42052 |
|
programs approved by the | 42053 |
| 42054 | |
| classroom teachers in science, mathematics, and foreign language | 42055 |
| toward meeting the identified needs for teachers in those subject | 42056 |
| areas throughout the state but especially in hard-to-staff | 42057 |
| schools. | 42058 |
| The | 42059 |
| governor, the speaker and minority leader of the house of | 42060 |
| representatives, the president and minority leader of the senate, | 42061 |
| the chairpersons and ranking minority members of the standing | 42062 |
| committees of the house of representatives and the senate that | 42063 |
|
consider education legislation, and the | 42064 |
|
board | 42065 |
| Sec. 3333.122. (A) | 42066 |
| | 42067 |
| | 42068 |
| 42069 |
| | 42070 |
| 42071 | |
| 42072 |
| | 42073 |
| 42074 | |
| 42075 | |
| 42076 | |
| 42077 | |
| 42078 | |
| 42079 | |
| 42080 | |
| 42081 | |
| 42082 | |
| 42083 | |
| 42084 | |
| 42085 | |
| 42086 |
| | 42087 |
| 42088 | |
| 42089 | |
| 42090 |
| | 42091 |
| 42092 | |
| 42093 | |
| 42094 |
| | 42095 |
| 42096 | |
| 42097 |
| | 42098 |
| 42099 | |
| 42100 | |
| 42101 | |
| 42102 | |
| 42103 | |
| 42104 |
| | 42105 |
| 42106 | |
| 42107 | |
| 42108 | |
| 42109 |
| | 42110 |
| 42111 | |
| 42112 | |
| 42113 |
| | 42114 |
| 42115 | |
| 42116 | |
| 42117 | |
| 42118 | |
| 42119 |
| | 42120 |
| shall adopt rules to carry out this section and as authorized | 42121 |
| under section 3333.123 of the Revised Code. The rules shall | 42122 |
| include definitions of the terms "resident," "expected family | 42123 |
|
contribution | 42124 |
| student," "half-time student," "one-quarter-time student," "state | 42125 |
|
cost of attendance," and
"accredited" | 42126 |
| 42127 | |
| purpose of those sections. | 42128 |
| (B) Only an Ohio resident who meets both of the following is | 42129 |
| eligible for a grant awarded under this section: | 42130 |
| (1) The resident has an expected family contribution of two | 42131 |
| thousand one hundred ninety or less; | 42132 |
| (2) The resident enrolls in one of the following: | 42133 |
| (a) An undergraduate program, or a nursing diploma program | 42134 |
| approved by the board of nursing under division (A)(5) of | 42135 |
| section 4723.06 of the Revised Code, at a state-assisted state | 42136 |
| institution of higher education, as defined in section 3345.12 | 42137 |
| of the Revised Code, that meets the requirements of Title VI of | 42138 |
| the Civil Rights Act of 1964; | 42139 |
| (b) An undergraduate program, or a nursing diploma program | 42140 |
| approved by the board of nursing under division (A)(5) of section | 42141 |
| 4723.06 of the Revised Code, at a private, nonprofit institution | 42142 |
| in this state holding a certificate of authorization pursuant to | 42143 |
| Chapter 1713. of the Revised Code; | 42144 |
| (c) An undergraduate program, or a nursing diploma program | 42145 |
| approved by the board of nursing under division (A)(5) of section | 42146 |
| 4723.06 of the Revised Code, at a career college in this state | 42147 |
| that holds a certificate of registration from the state board of | 42148 |
| career colleges and schools under Chapter 3332. of the Revised | 42149 |
| Code or at a private institution exempt from regulation under | 42150 |
| Chapter 3332. of the Revised Code as prescribed in section | 42151 |
| 3333.046 of the Revised Code, if the program has a certificate of | 42152 |
| authorization pursuant to Chapter 1713. of the Revised Code. | 42153 |
| (C)(1) The chancellor shall establish and administer a | 42154 |
| needs-based financial aid grants program based on the United | 42155 |
| States department of education's method of determining financial | 42156 |
|
need | 42157 |
| shall be known as the Ohio college opportunity grant program. The | 42158 |
| general assembly shall support the needs-based financial aid | 42159 |
| program by such sums and in such manner as it may provide, but | 42160 |
|
the chancellor
also may | 42161 |
| support the program. If, for any academic year, the amounts | 42162 |
| available for support of the program are inadequate to provide | 42163 |
| grants to all eligible students, the chancellor shall do one of | 42164 |
| the following: | 42165 |
| (a) Give preference in the
payment of grants | 42166 |
| 42167 | |
| with the lowest expected family contribution category and | 42168 |
| proceeding upward by category to the highest expected family | 42169 |
| contribution category; | 42170 |
| (b) Proportionately reduce the amount of each grant to be | 42171 |
| awarded for the academic year under this section; | 42172 |
| (c) Use an alternate formula for such grants that addresses | 42173 |
| the shortage of available funds and has been submitted to and | 42174 |
| approved by the controlling board. | 42175 |
| | 42176 |
| the eligible student through the institution in which the student | 42177 |
| is enrolled, except that no needs-based financial aid grant shall | 42178 |
| be paid to any person serving a term of imprisonment. | 42179 |
|
Applications
for
| 42180 |
| the chancellor, and such applications may be made in conjunction | 42181 |
| with and upon the basis of information provided in conjunction | 42182 |
| with student assistance programs funded by agencies of the United | 42183 |
| States government or from financial resources of the institution | 42184 |
| of higher education. The institution shall certify that the | 42185 |
|
student
applicant meets the requirements set forth in
| 42186 |
| 42187 | |
| financial aid grants shall be provided to an eligible student | 42188 |
| only as long as the student is making appropriate progress toward | 42189 |
| a nursing diploma or an associate or bachelor's degree. No | 42190 |
| student shall be eligible to receive a grant for more than ten | 42191 |
| semesters, fifteen quarters, or the equivalent of five academic | 42192 |
| years. A grant made to an eligible student on the basis of less | 42193 |
| than full-time enrollment shall be based on the number of credit | 42194 |
| hours for which the student is enrolled and shall be computed in | 42195 |
| accordance with a formula adopted by rule issued by the | 42196 |
| chancellor. No student shall receive more than one grant on the | 42197 |
| basis of less than full-time enrollment. | 42198 |
| | 42199 |
| 42200 |
| | 42201 |
| 42202 | |
| 42203 | |
| 42204 | |
| 42205 |
| | 42206 |
| | 42207 |
| 42208 | |
| 42209 |
| | 42210 |
| 42211 | |
| 42212 | |
| 42213 | |
| 42214 |
| | 42215 |
| 42216 |
| 42217 | |
| 42218 | |||||||||||
| 42219 | |||||||||||
| 42220 | |||||||||||
| 42221 | |||||||||||
| 42222 | |||||||||||
| 42223 | |||||||||||
| 42224 | |||||||||||
| 42225 | |||||||||||
| 42226 | |||||||||||
| 42227 | |||||||||||
| 42228 | |||||||||||
| 42229 | |||||||||||
| 42230 | |||||||||||
| 42231 | |||||||||||
| 42232 | |||||||||||
| 42233 | |||||||||||
| 42234 | |||||||||||
| 42235 | |||||||||||
| 42236 | |||||||||||
| 42237 | |||||||||||
| 42238 | |||||||||||
| 42239 | |||||||||||
| 42240 | |||||||||||
| 42241 |
| | 42242 |
| 42243 |
| 42244 | |
| 42245 | |||||||||||
| 42246 | |||||||||||
| 42247 | |||||||||||
| 42248 | |||||||||||
| 42249 | |||||||||||
| 42250 | |||||||||||
| 42251 | |||||||||||
| 42252 | |||||||||||
| 42253 | |||||||||||
| 42254 | |||||||||||
| 42255 | |||||||||||
| 42256 | |||||||||||
| 42257 | |||||||||||
| 42258 | |||||||||||
| 42259 | |||||||||||
| 42260 | |||||||||||
| 42261 | |||||||||||
| 42262 | |||||||||||
| 42263 | |||||||||||
| 42264 | |||||||||||
| 42265 | |||||||||||
| 42266 | |||||||||||
| 42267 | |||||||||||
| 42268 |
| | 42269 |
| 42270 |
| 42271 | |
| 42272 | |||||||||||
| 42273 | |||||||||||
| 42274 | |||||||||||
| 42275 | |||||||||||
| 42276 | |||||||||||
| 42277 | |||||||||||
| 42278 | |||||||||||
| 42279 | |||||||||||
| 42280 | |||||||||||
| 42281 | |||||||||||
| 42282 | |||||||||||
| 42283 | |||||||||||
| 42284 | |||||||||||
| 42285 | |||||||||||
| 42286 | |||||||||||
| 42287 | |||||||||||
| 42288 | |||||||||||
| 42289 | |||||||||||
| 42290 | |||||||||||
| 42291 | |||||||||||
| 42292 | |||||||||||
| 42293 | |||||||||||
| 42294 | |||||||||||
| 42295 |
| | 42296 |
| 42297 |
| 42298 | |
| 42299 | |||||||||||
| 42300 | |||||||||||
| 42301 | |||||||||||
| 42302 | |||||||||||
| 42303 | |||||||||||
| 42304 | |||||||||||
| 42305 | |||||||||||
| 42306 | |||||||||||
| 42307 | |||||||||||
| 42308 | |||||||||||
| 42309 | |||||||||||
| 42310 | |||||||||||
| 42311 | |||||||||||
| 42312 | |||||||||||
| 42313 | |||||||||||
| 42314 | |||||||||||
| 42315 | |||||||||||
| 42316 | |||||||||||
| 42317 | |||||||||||
| 42318 | |||||||||||
| 42319 | |||||||||||
| 42320 | |||||||||||
| 42321 | |||||||||||
| 42322 |
| (D)(1) Except as provided in division (D)(4) of this | 42323 |
| section, no grant awarded under this section shall exceed the | 42324 |
| total state cost of attendance. | 42325 |
| (2) Subject to divisions (D)(1), (3), and (4) of this | 42326 |
| section, the amount of a grant awarded to a student under this | 42327 |
| section shall equal the student's remaining state cost of | 42328 |
| attendance after the student's Pell grant and expected family | 42329 |
| contribution are applied to the instructional and general charges | 42330 |
| for the undergraduate program. However, for students enrolled in | 42331 |
| a state university or college as defined in section 3345.12 of | 42332 |
| the Revised Code or a university branch, the chancellor may | 42333 |
| provide that the grant amount shall equal the student's | 42334 |
| remaining instructional and general charges for the | 42335 |
| undergraduate program after the student's Pell grant and expected | 42336 |
| family contribution have been applied to those charges, but, in | 42337 |
| no case, shall the grant amount for such a student exceed any | 42338 |
| maximum that the chancellor may set by rule. | 42339 |
| (3) For a | 42340 |
| 42341 | |
|
of
the
academic year covered by a grant | 42342 |
| 42343 | |
|
percentage of the maximum
| 42344 |
| any table | 42345 |
| chancellor as provided in division (A) of this section. The | 42346 |
| maximum grant for a fourth quarter shall be one-third of the | 42347 |
|
maximum amount so prescribed | 42348 |
| grant for a third semester shall be one-half of the maximum amount | 42349 |
| so prescribed | 42350 |
| (4) If a student is enrolled in a two-year institution of | 42351 |
| higher education and is eligible for an education and training | 42352 |
| voucher through the Ohio education and training voucher program | 42353 |
| that receives federal funding under the John H. Chafee foster care | 42354 |
| independence program, 42 U.S.C. 677, the amount of a grant awarded | 42355 |
| under this section may exceed the total state cost of attendance | 42356 |
| to additionally cover housing costs. | 42357 |
| (E) No grant shall be made to any student in a course of | 42358 |
| study in theology, religion, or other field of preparation for a | 42359 |
| religious profession unless such course of study leads to an | 42360 |
| accredited bachelor of arts, bachelor of science, associate of | 42361 |
| arts, or associate of science degree. | 42362 |
| (F)(1) Except as provided in division | 42363 |
| section, no grant shall be made to any student for enrollment | 42364 |
| during a fiscal year in an institution with a cohort default rate | 42365 |
| determined by the United States secretary of education pursuant | 42366 |
| to the "Higher Education Amendments of 1986," 100 Stat. 1278, | 42367 |
| 1408, 20 U.S.C.A. 1085, as amended, as of the fifteenth day of | 42368 |
| June preceding the fiscal year, equal to or greater than thirty | 42369 |
| per cent for each of the preceding two fiscal years. | 42370 |
| (2) Division (F)(1) of this section does not apply | 42371 |
| case of either of the following: | 42372 |
| (a) | 42373 |
| 42374 | |
| federal financial aid and the United States secretary of | 42375 |
| education determines its cohort default rate after recalculation | 42376 |
| is lower than the rate specified in division (F)(1) of this | 42377 |
| section or the secretary determines due to mitigating | 42378 |
| circumstances that the institution may continue to participate in | 42379 |
| federal financial aid programs. The chancellor shall adopt rules | 42380 |
|
requiring | 42381 |
| to the chancellor regarding an
appeal | 42382 |
| (b) Any student who has previously received a grant | 42383 |
| pursuant to any provision of this section, including prior to the | 42384 |
| section's amendment by H.B. 1 of the 128th general assembly, and | 42385 |
| who meets all other eligibility requirements of this section. | 42386 |
| (3) The chancellor shall adopt rules for the notification of | 42387 |
| all institutions whose students will be ineligible to participate | 42388 |
| in the grant program pursuant to division (F)(1) of this | 42389 |
| section. | 42390 |
| (4) A student's attendance at | 42391 |
|
students
| 42392 |
| division (F)(1) of this section shall not affect that student's | 42393 |
| eligibility to receive a grant when enrolled in another | 42394 |
| institution. | 42395 |
| (G) Institutions of higher education that enroll students | 42396 |
| receiving needs-based financial aid grants under this section | 42397 |
| shall report to the chancellor all students who have received | 42398 |
| such needs-based financial aid grants but are no longer eligible | 42399 |
|
for
all or part of | 42400 |
| due the state within thirty days after the beginning of the | 42401 |
| quarter or term immediately following the quarter or term in | 42402 |
| which the student was no longer eligible to receive all or part | 42403 |
| of the student's grant. There shall be an interest charge of one | 42404 |
| per cent per month on all moneys due and payable after such | 42405 |
| thirty-day period. The chancellor shall immediately notify the | 42406 |
| office of budget and management and the legislative service | 42407 |
| commission of all refunds so received. | 42408 |
| Sec. 3333.16. As used in this section "state institution of | 42409 |
| higher education" means an institution of higher education as | 42410 |
| defined in section 3345.12 of the Revised Code. | 42411 |
| (A) The chancellor of the Ohio board of regents shall do all | 42412 |
| of the following: | 42413 |
| (1) Establish policies and procedures applicable to all state | 42414 |
| institutions of higher education that ensure that students can | 42415 |
| begin higher education at any state institution of higher | 42416 |
| education and transfer coursework and degrees to any other state | 42417 |
| institution of higher education without unnecessary duplication or | 42418 |
| institutional barriers. The purpose of this requirement is to | 42419 |
| allow students to attain their highest educational aspirations in | 42420 |
| the most efficient and effective manner for the students and the | 42421 |
| state. These policies and procedures shall require state | 42422 |
| institutions of higher education to make changes or modifications, | 42423 |
| as needed, to strengthen course content so as to ensure | 42424 |
| equivalency for that course at any state institution of higher | 42425 |
| education. | 42426 |
| (2) Develop and implement a universal course equivalency | 42427 |
| classification system for state institutions of higher education | 42428 |
| so that the transfer of students and the transfer and articulation | 42429 |
| of equivalent courses or specified learning modules or units | 42430 |
| completed by students are not inhibited by inconsistent judgment | 42431 |
| about the application of transfer credits. Coursework completed | 42432 |
| within such a system at one state institution of higher education | 42433 |
| and transferred to another institution shall be applied to the | 42434 |
| student's degree objective in the same manner as equivalent | 42435 |
| coursework completed at the receiving institution. | 42436 |
| (3) Develop a system of transfer policies that ensure that | 42437 |
| graduates with associate degrees which include completion of | 42438 |
| approved transfer modules shall be admitted to a state institution | 42439 |
| of higher education, shall be able to compete for admission to | 42440 |
| specific programs on the same basis as students native to the | 42441 |
| institution, and shall have priority over out-of-state associate | 42442 |
| degree graduates and transfer students. To assist a student in | 42443 |
| advising and transferring, all state institutions of higher | 42444 |
|
education shall fully implement the | 42445 |
| information system for advising and transferring selected by, | 42446 |
| contracted for, or developed by the chancellor. | 42447 |
| (4) Examine the feasibility of developing a transfer | 42448 |
| marketing agenda that includes materials and interactive | 42449 |
| technology to inform the citizens of Ohio about the availability | 42450 |
| of transfer options at state institutions of higher education and | 42451 |
| to encourage adults to return to colleges and universities for | 42452 |
| additional education; | 42453 |
| (5) Study, in consultation with the state board of career | 42454 |
| colleges and schools, and in light of existing criteria and any | 42455 |
| other criteria developed by the articulation and transfer advisory | 42456 |
| council, the feasibility of credit recognition and transferability | 42457 |
| to state institutions of higher education for graduates who have | 42458 |
| received associate degrees from a career college or school with a | 42459 |
| certificate of registration from the state board of career | 42460 |
| colleges and schools under Chapter 3332. of the Revised Code. | 42461 |
| (B) All provisions of the existing articulation and transfer | 42462 |
| policy developed by the Ohio board of regents shall remain in | 42463 |
| effect except where amended by this section. | 42464 |
| Sec. 3333.28. (A) The chancellor of the Ohio board of | 42465 |
| regents shall establish the nurse education assistance program, | 42466 |
| the purpose of which shall be to make loans to students enrolled | 42467 |
| in prelicensure nurse education programs at institutions approved | 42468 |
| by the board of nursing under section 4723.06 of the Revised Code | 42469 |
| and postlicensure nurse education programs approved by the | 42470 |
| chancellor under section 3333.04 of the Revised Code or offered by | 42471 |
| an institution holding a certificate of authorization issued under | 42472 |
| Chapter 1713. of the Revised Code. The board of nursing shall | 42473 |
| assist the chancellor in administering the program. | 42474 |
| (B) There is hereby created in the state treasury the nurse | 42475 |
| education assistance fund, which shall consist of all money | 42476 |
| transferred to it pursuant to section 4743.05 of the Revised Code. | 42477 |
| The fund shall be used by the chancellor for loans made under | 42478 |
| division (A) of this section and for expenses of administering the | 42479 |
| loan program. | 42480 |
| (C) Between July 1, | 42481 |
| chancellor shall distribute money in the nurse education | 42482 |
| assistance fund in the following manner: | 42483 |
| (1)(a) | 42484 |
| be awarded as loans to registered nurses enrolled in | 42485 |
| postlicensure nurse education programs described in division (A) | 42486 |
| of this section. To be eligible for a loan, the applicant shall | 42487 |
| provide the chancellor with a letter of intent to practice as a | 42488 |
| faculty member at a prelicensure or postlicensure program for | 42489 |
| nursing in this state upon completion of the applicant's academic | 42490 |
| program. | 42491 |
| (b) If the borrower of a loan under division (C)(1)(a) of | 42492 |
| this section secures employment as a faculty member of an approved | 42493 |
| nursing education program in this state within six months | 42494 |
| following graduation from an approved nurse education program, the | 42495 |
| chancellor may forgive the principal and interest of the student's | 42496 |
| loans received under division (C)(1)(a) of this section at a rate | 42497 |
| of twenty-five per cent per year, for a maximum of four years, for | 42498 |
| each year in which the borrower is so employed. A deferment of the | 42499 |
| service obligation, and other conditions regarding the forgiveness | 42500 |
| of loans may be granted as provided by the rules adopted under | 42501 |
| division (D)(7) of this section. | 42502 |
| (c) Loans awarded under division (C)(1)(a) of this section | 42503 |
| shall be awarded on the basis of the student's expected family | 42504 |
| contribution, with preference given to those applicants with the | 42505 |
| lowest expected family contribution. However, the chancellor may | 42506 |
| consider other factors the chancellor determines relevant in | 42507 |
| ranking the applications. | 42508 |
| (d) Each loan awarded to a student under division (C)(1)(a) | 42509 |
| of this section shall be not less than five thousand dollars per | 42510 |
| year. | 42511 |
| (2) Twenty-five per cent of available funds shall be awarded | 42512 |
| to students enrolled in prelicensure nurse education programs for | 42513 |
| registered nurses, as defined in section 4723.01 of the Revised | 42514 |
| Code. | 42515 |
| (3) | 42516 |
| 42517 | |
| 42518 | |
| 42519 |
| After January 1, 2012, the chancellor shall determine the | 42520 |
| manner in which to distribute loans under this section. | 42521 |
| (D) Subject to the requirements specified in division (C) of | 42522 |
| this section, the chancellor shall adopt rules in accordance with | 42523 |
| Chapter 119. of the Revised Code establishing: | 42524 |
| (1) Eligibility criteria for receipt of a loan; | 42525 |
| (2) Loan application procedures; | 42526 |
| (3) The amounts in which loans may be made and the total | 42527 |
| amount that may be loaned to an individual; | 42528 |
| (4) The total amount of loans that can be made each year; | 42529 |
| (5) The percentage of the money in the fund that must remain | 42530 |
| in the fund at all times as a fund balance; | 42531 |
| (6) Interest and principal repayment schedules; | 42532 |
| (7) Conditions under which a portion of principal and | 42533 |
| interest obligations incurred by an individual under the program | 42534 |
| will be forgiven; | 42535 |
| (8) Ways that the program may be used to encourage | 42536 |
| individuals who are members of minority groups to enter the | 42537 |
| nursing profession; | 42538 |
| (9) Any other matters incidental to the operation of the | 42539 |
| program. | 42540 |
| (E) The obligation to repay a portion of the principal and | 42541 |
| interest on a loan made under this section shall be forgiven if | 42542 |
| the recipient of the loan meets the criteria for forgiveness | 42543 |
| established by division (C)(1)(b) of this section, in the case of | 42544 |
| loans awarded under division (C)(1)(a) of this section, or by the | 42545 |
| chancellor under the rule adopted under division (D)(7) of this | 42546 |
| section, in the case of other loans awarded under this section. | 42547 |
| (F) The receipt of a loan under this section shall not affect | 42548 |
| a student's eligibility for assistance, or the amount of that | 42549 |
| assistance, granted under section 3333.12, 3333.122, 3333.22, | 42550 |
|
3333.26,
| 42551 |
| Code, but the rules of the chancellor may provide for taking | 42552 |
| assistance received under those sections into consideration when | 42553 |
| determining a student's eligibility for a loan under this section. | 42554 |
| Sec. 3333.35. The state board of education and the | 42555 |
| chancellor of the Ohio board of regents shall strive to reduce | 42556 |
| unnecessary student remediation costs incurred by colleges and | 42557 |
| universities in this state, increase overall access for students | 42558 |
| to higher education, enhance the post-secondary enrollment options | 42559 |
| program in accordance with Chapter 3365. of the Revised Code, and | 42560 |
| enhance the alternative resident educator licensure program in | 42561 |
| accordance with section 3319.26 of the Revised Code. | 42562 |
| Sec. 3333.38. (A) As used in this section: | 42563 |
| (1) "Institution of higher education" includes all of the | 42564 |
| following: | 42565 |
| (a) A state institution of higher education, as defined in | 42566 |
| section 3345.011 of the Revised Code; | 42567 |
| (b) A nonprofit institution issued a certificate of | 42568 |
| authorization under Chapter 1713. of the Revised Code; | 42569 |
| (c) A private institution exempt from regulation under | 42570 |
| Chapter 3332. of the Revised Code, as prescribed in section | 42571 |
| 3333.046 of the Revised Code; | 42572 |
| (d) An institution of higher education with a certificate of | 42573 |
| registration from the state board of career colleges and schools | 42574 |
| under Chapter 3332. of the Revised Code. | 42575 |
| (2) "Student financial assistance supported by state funds" | 42576 |
| includes assistance granted under sections 3315.33, 3333.12, | 42577 |
|
3333.122, 3333.21, 3333.26, | 42578 |
| 5910.032, and 5919.34 of the Revised Code, financed by an award | 42579 |
| under the choose Ohio first scholarship program established under | 42580 |
| section 3333.61 of the Revised Code, or financed by an award | 42581 |
| under the Ohio co-op/internship program established under | 42582 |
| section 3333.72 of the Revised Code, and any other | 42583 |
| post-secondary student financial assistance supported by state | 42584 |
| funds. | 42585 |
| (B) An individual who is convicted of, pleads guilty to, or | 42586 |
| is adjudicated a delinquent child for one of the following | 42587 |
| violations shall be ineligible to receive any student financial | 42588 |
| assistance supported by state funds at an institution of higher | 42589 |
| education for two calendar years from the time the individual | 42590 |
| applies for assistance of that nature: | 42591 |
| (1) A violation of section 2917.02 or 2917.03 of the Revised | 42592 |
| Code; | 42593 |
| (2) A violation of section 2917.04 of the Revised Code that | 42594 |
| is a misdemeanor of the fourth degree; | 42595 |
| (3) A violation of section 2917.13 of the Revised Code that | 42596 |
| is a misdemeanor of the fourth or first degree and occurs within | 42597 |
| the proximate area where four or more others are acting in a | 42598 |
| course of conduct in violation of section 2917.11 of the Revised | 42599 |
| Code. | 42600 |
| (C) If an individual is convicted of, pleads guilty to, or is | 42601 |
| adjudicated a delinquent child for committing a violation of | 42602 |
| section 2917.02 or 2917.03 of the Revised Code, and if the | 42603 |
| individual is enrolled in a state-supported institution of higher | 42604 |
| education, the institution in which the individual is enrolled | 42605 |
| shall immediately dismiss the individual. No state-supported | 42606 |
| institution of higher education shall admit an individual of that | 42607 |
| nature for one academic year after the individual applies for | 42608 |
| admission to a state-supported institution of higher education. | 42609 |
| This division does not limit or affect the ability of a | 42610 |
| state-supported institution of higher education to suspend or | 42611 |
| otherwise discipline its students. | 42612 |
| Sec. 3333.39. The chancellor of the Ohio board of regents and | 42613 |
| the superintendent of public instruction shall establish and | 42614 |
| administer the teach Ohio program to promote and encourage | 42615 |
| citizens of this state to consider teaching as a profession. The | 42616 |
| program shall include all of the following: | 42617 |
| (A) A statewide program administered by a nonprofit | 42618 |
| corporation that has been in existence for at least fifteen years | 42619 |
| with demonstrated results in encouraging high school students from | 42620 |
| economically disadvantaged groups to enter the teaching | 42621 |
| profession. The chancellor and superintendent jointly shall select | 42622 |
| the nonprofit corporation. | 42623 |
| (B) The Ohio teacher residency program established under | 42624 |
| section 3319.223 of the Revised Code; | 42625 |
| (C) Alternative licensure procedures established under | 42626 |
| section 3319.26 of the Revised Code; | 42627 |
| (D) Any other program as identified by the chancellor and the | 42628 |
| superintendent. | 42629 |
| Sec. 3333.42. No state institution of higher education, as | 42630 |
| defined in section 3345.011 of the Revised Code, shall charge a | 42631 |
| nonresident student who is a member of the armed forces of the | 42632 |
| United States and who is stationed in this state pursuant to | 42633 |
| military orders or who is a member of the Ohio national guard, or | 42634 |
| who is the spouse or dependent child of such a student, rates for | 42635 |
| tuition and fees that are higher than the rates charged to an | 42636 |
| Ohio resident. | 42637 |
| Sec. 3333.61. The chancellor of the Ohio board of regents | 42638 |
| shall establish and administer the Ohio innovation partnership, | 42639 |
| which shall consist of the choose Ohio first scholarship program | 42640 |
| and the Ohio research scholars program. Under the programs, the | 42641 |
| chancellor, subject to approval by the controlling board, shall | 42642 |
| make awards to state universities or colleges for programs and | 42643 |
| initiatives that recruit students and scientists in the fields of | 42644 |
| science, technology, engineering, mathematics, and medicine to | 42645 |
| state universities or colleges, in order to enhance regional | 42646 |
| educational and economic strengths and meet the needs of the | 42647 |
| state's regional economies. Awards may be granted for programs and | 42648 |
| initiatives to be implemented by a state university or college | 42649 |
| alone or in collaboration with other state institutions of higher | 42650 |
| education, nonpublic Ohio universities and colleges, or other | 42651 |
| public or private Ohio entities. If the chancellor makes an award | 42652 |
| to a program or initiative that is intended to be implemented by a | 42653 |
| state university or college in collaboration with other state | 42654 |
| institutions of higher education or nonpublic Ohio universities or | 42655 |
| colleges, the chancellor may provide that some portion of the | 42656 |
| award be received directly by the collaborating universities or | 42657 |
| colleges consistent with all terms of the Ohio innovation | 42658 |
| partnership. | 42659 |
| The choose Ohio first scholarship program shall assign a | 42660 |
| number of scholarships to state universities and colleges to | 42661 |
| recruit Ohio residents as undergraduate, or as provided in section | 42662 |
| 3333.66 of the Revised Code graduate, students in the fields of | 42663 |
| science, technology, engineering, mathematics, and medicine, or | 42664 |
| in science, technology, engineering, mathematics, or medical | 42665 |
| education. Choose Ohio first scholarships shall be awarded to each | 42666 |
| participating eligible student as a grant to the state university | 42667 |
| or college the student is attending and shall be reflected on the | 42668 |
| student's tuition bill. Choose Ohio first scholarships are | 42669 |
| student-centered grants from the state to students to use to | 42670 |
| attend a university or college and are not grants from the state | 42671 |
| to universities or colleges. | 42672 |
| Notwithstanding any other provision of this section or | 42673 |
| sections 3333.62 to 3333.70 of the Revised Code, a nonpublic | 42674 |
| four-year Ohio institution of higher education may submit a | 42675 |
|
proposal for choose Ohio first scholarships | 42676 |
| 42677 | |
| 42678 | |
| awards a nonpublic institution | 42679 |
| grants, the nonpublic institution shall comply with all | 42680 |
| requirements of this section, sections 3333.62 to 3333.70 of the | 42681 |
| Revised Code, and the rules adopted under this section that apply | 42682 |
| to state universities or colleges awarded choose Ohio first | 42683 |
| scholarships or Ohio research scholars grants. | 42684 |
| The Ohio research scholars program shall award grants to use | 42685 |
| in recruiting scientists to the faculties of state universities or | 42686 |
| colleges. | 42687 |
| The chancellor shall adopt rules in accordance with Chapter | 42688 |
| 119. of the Revised Code to administer the programs. | 42689 |
| Sec. 3333.62. The chancellor of the Ohio board of regents | 42690 |
| shall establish a competitive process for making awards under the | 42691 |
| choose Ohio first scholarship program and the Ohio research | 42692 |
| scholars program. The chancellor, on completion of that process, | 42693 |
| shall make a recommendation to the controlling board asking for | 42694 |
| approval of each award selected by the chancellor. | 42695 |
| Any state university or college may apply for one or more | 42696 |
| awards under one or both programs. The state university or college | 42697 |
| shall submit a proposal and other documentation required by the | 42698 |
| chancellor, in the form and manner prescribed by the chancellor, | 42699 |
| for each award it seeks. A proposal may propose an initiative to | 42700 |
| be implemented solely by the state university or college or in | 42701 |
| collaboration with other state institutions of higher education, | 42702 |
| nonpublic Ohio universities or colleges, or other public or | 42703 |
| nonpublic Ohio entities. A single proposal may seek an award under | 42704 |
| one or both programs. | 42705 |
| The chancellor shall determine which proposals will receive | 42706 |
| awards each fiscal year, and the amount of each award, on the | 42707 |
| basis of the merit of each proposal, which the chancellor, subject | 42708 |
| to approval by the controlling board, shall determine based on one | 42709 |
| or more of the following criteria: | 42710 |
| (A) The quality of the program that is the subject of the | 42711 |
| proposal and the extent to which additional resources will enhance | 42712 |
| its quality; | 42713 |
| (B) The extent to which the proposal is integrated with the | 42714 |
| strengths of the regional economy; | 42715 |
| (C) The extent to which the proposal is integrated with | 42716 |
| centers of research excellence within the private sector; | 42717 |
| (D) The amount of other institutional, public, or private | 42718 |
| resources, whether monetary or nonmonetary, that the proposal | 42719 |
| pledges to leverage; | 42720 |
| (E) The extent to which the proposal is collaborative with | 42721 |
| other public or nonpublic Ohio institutions of higher education; | 42722 |
| (F) The extent to which the proposal is integrated with the | 42723 |
| university's or college's mission and does not displace existing | 42724 |
| resources already committed to the mission; | 42725 |
| (G) The extent to which the proposal facilitates a more | 42726 |
| efficient utilization of existing faculty and programs; | 42727 |
| (H) The extent to which the proposal meets a statewide | 42728 |
| educational need; | 42729 |
| (I) The demonstrated productivity or future capacity of the | 42730 |
| students or scientists to be recruited; | 42731 |
| (J) The extent to which the proposal will create additional | 42732 |
| capacity in educational or economic areas of need; | 42733 |
| (K) The extent to which the proposal will encourage students | 42734 |
| who received degrees in the fields of science, technology, | 42735 |
| engineering, mathematics, or medicine from two-year institutions | 42736 |
| to transfer to state universities or colleges to pursue | 42737 |
| baccalaureate degrees in science, technology, engineering, | 42738 |
| mathematics, or medicine; | 42739 |
| (L) The extent to which the proposal encourages students | 42740 |
| enrolled in state universities to transfer into science, | 42741 |
| technology, engineering, mathematics, or medicine programs; | 42742 |
| (M) The extent to which the proposal facilitates the | 42743 |
| completion of a baccalaureate degree in a cost-effective manner, | 42744 |
| for example, by facilitating students' completing two years at a | 42745 |
| two-year institution and two years at a state university or | 42746 |
| college; | 42747 |
| (N) The extent to which the proposal allows attendance at a | 42748 |
| state university or college of students who otherwise could not | 42749 |
| afford to attend; | 42750 |
| (O) The extent to which other institutional, public, or | 42751 |
| private resources pledged to the proposal will be deployed to | 42752 |
| assist in sustaining students' scholarships over their academic | 42753 |
| careers; | 42754 |
| (P) The extent to which the proposal increases the likelihood | 42755 |
| that students will successfully complete their degree programs in | 42756 |
| science, technology, engineering, mathematics, or medicine or in | 42757 |
| science, technology, engineering, mathematics, or medical | 42758 |
| education; | 42759 |
| (Q) The extent to which the proposal ensures that a student | 42760 |
| who is awarded a scholarship is appropriately qualified and | 42761 |
| prepared to successfully complete a degree program in science, | 42762 |
| technology, engineering, mathematics, or medicine or in science, | 42763 |
| technology, engineering, mathematics, or medical education; | 42764 |
| (R) The extent to which the proposal will increase the number | 42765 |
| of women participating in the choose Ohio first scholarship | 42766 |
| program. | 42767 |
| Sec. 3333.66. (A) | 42768 |
| (A)(2) of this section, in each academic year, no student who | 42769 |
| receives a choose Ohio first scholarship shall receive less than | 42770 |
| one thousand five hundred dollars or more than one-half of the | 42771 |
| highest in-state undergraduate instructional and general fees | 42772 |
| charged by all state universities. For this purpose, if Miami | 42773 |
| university is implementing the pilot tuition restructuring plan | 42774 |
| originally recognized in Am. Sub. H.B. 95 of the 125th general | 42775 |
| assembly, that university's instructional and general fees shall | 42776 |
| be considered to be the average full-time in-state undergraduate | 42777 |
| instructional and general fee amount after taking into account the | 42778 |
| Ohio resident and Ohio leader scholarships and any other credit | 42779 |
| provided to all Ohio residents. | 42780 |
| (2) The chancellor of the Ohio board of regents may authorize | 42781 |
| a state university or college or a nonpublic Ohio institution of | 42782 |
| higher education to award a choose Ohio first scholarship in an | 42783 |
| amount greater than one-half of the highest in-state undergraduate | 42784 |
| instructional and general fees charged by all state universities | 42785 |
| to either of the following: | 42786 |
| (a) Any undergraduate student who qualifies for a scholarship | 42787 |
| and is enrolled in a program leading to a teaching profession in | 42788 |
| science, technology, engineering, mathematics, or medicine; | 42789 |
| (b) Any graduate student who qualifies for a scholarship, if | 42790 |
| any initiatives are selected for award under division (B) of this | 42791 |
| section. | 42792 |
| (B) The chancellor | 42793 |
| encourage state universities and colleges, alone or in | 42794 |
| collaboration with other state institutions of higher education, | 42795 |
| nonpublic Ohio universities and colleges, or other public or | 42796 |
| private Ohio entities, to submit proposals under the choose Ohio | 42797 |
| first scholarship program for initiatives that recruit Ohio | 42798 |
| residents enrolled in colleges and universities in other states or | 42799 |
| other countries to return to Ohio and enroll in state universities | 42800 |
| or colleges as graduate students in the fields of science, | 42801 |
| technology, engineering, mathematics, and medicine, or in the | 42802 |
| fields of science, technology, engineering, mathematics, or | 42803 |
| medical education. If such proposals are submitted and meet the | 42804 |
| chancellor's competitive criteria for awards, the chancellor, | 42805 |
| subject to approval by the controlling board, shall give at least | 42806 |
| one of the proposals preference for an award. | 42807 |
| (C) The general assembly intends that money appropriated for | 42808 |
| the choose Ohio first scholarship program in each fiscal year be | 42809 |
| used for scholarships in the following academic year. | 42810 |
| Sec. 3333.90. (A) As used in this section: | 42811 |
| (1) "Allocated state share of instruction" means, for any | 42812 |
| fiscal year, the amount of the state share of instruction | 42813 |
| appropriated to the Ohio board of regents by the general assembly | 42814 |
| that is allocated to a community or technical college or community | 42815 |
| or technical college district for such fiscal year. | 42816 |
| (2) "Authority" means the Ohio building authority. | 42817 |
| (3) "Bond service charges" has the same meaning as in section | 42818 |
| 152.09 of the Revised Code. | 42819 |
| (4) "Chancellor" means the chancellor of the Ohio board of | 42820 |
| regents. | 42821 |
| (5) "Community or technical college" or "college" means any | 42822 |
| of the following state-supported or state-assisted institutions of | 42823 |
| higher education: | 42824 |
| (a) A community college as defined in section 3354.01 of the | 42825 |
| Revised Code; | 42826 |
| (b) A technical college as defined in section 3357.01 of the | 42827 |
| Revised Code; | 42828 |
| (c) A state community college as defined in section 3358.01 | 42829 |
| of the Revised Code. | 42830 |
| (6) "Community or technical college district" or "district" | 42831 |
| means any of the following institutions of higher education that | 42832 |
| are state-supported or state-assisted: | 42833 |
| (a) A community college district as defined in section | 42834 |
| 3354.01 of the Revised Code; | 42835 |
| (b) A technical college district as defined in section | 42836 |
| 3357.01 of the Revised Code; | 42837 |
| (c) A state community college district as defined in section | 42838 |
| 3358.01 of the Revised Code. | 42839 |
| (7) "Credit enhancement facilities" has the same meaning as | 42840 |
| in section 133.01 of the Revised Code. | 42841 |
| (8) "Obligations" has the meaning as in section 152.09 or | 42842 |
| 3345.12 of the Revised Code, as the context requires. | 42843 |
| (B) The board of trustees of any community or technical | 42844 |
| college district authorizing the issuance of obligations under | 42845 |
| section 3354.12, 3354.121, 3357.11, 3357.112, or 3358.10 of the | 42846 |
| Revised Code, or for whose benefit and on whose behalf the | 42847 |
| authority proposes to issue obligations under division (G) of | 42848 |
| section 152.09 of the Revised Code, may adopt a resolution | 42849 |
| requesting the chancellor to enter into an agreement with the | 42850 |
| community or technical college district and the primary paying | 42851 |
| agent or fiscal agent for such obligations, providing for the | 42852 |
| withholding and deposit of funds otherwise due the district or the | 42853 |
| community or technical college it operates in respect of its | 42854 |
| allocated state share of instruction, for the payment of bond | 42855 |
| service charges on such obligations. | 42856 |
| The board of trustees shall deliver to the chancellor a copy | 42857 |
| of the resolution and any additional pertinent information the | 42858 |
| chancellor may require. | 42859 |
| The chancellor and the office of budget and management, and | 42860 |
| the authority in the case of obligations to be issued by the | 42861 |
| authority, shall evaluate each request received from a community | 42862 |
| or technical college district under this section. The chancellor, | 42863 |
| with the advice and consent of the director of budget and | 42864 |
| management and the authority in the case of obligations to be | 42865 |
| issued by the authority, shall approve each request if all of the | 42866 |
| following conditions are met: | 42867 |
| (1) Approval of the request will enhance the marketability of | 42868 |
| the obligations for which the request is made; | 42869 |
| (2) The chancellor and the office of budget and management, | 42870 |
| and the authority in the case of obligations to be issued by the | 42871 |
| authority, have no reason to believe the requesting community or | 42872 |
| technical college district or the community or technical college | 42873 |
| it operates will be unable to pay when due the bond service | 42874 |
| charges on the obligations for which the request is made, and bond | 42875 |
| service charges on those obligations are therefore not anticipated | 42876 |
| to be paid pursuant to this section from the allocated state share | 42877 |
| of instruction for purposes of Section 17 of Article VIII, Ohio | 42878 |
| Constitution. | 42879 |
| (3) Any other pertinent conditions established in rules | 42880 |
| adopted under division (H) of this section. | 42881 |
| (C) If the chancellor approves the request of a community or | 42882 |
| technical college district to withhold and deposit funds pursuant | 42883 |
| to this section, the chancellor shall enter into a written | 42884 |
| agreement with the district and the primary paying agent or fiscal | 42885 |
| agent for the obligations, which agreement shall provide for the | 42886 |
| withholding of funds pursuant to this section for the payment of | 42887 |
| bond service charges on those obligations. The agreement may also | 42888 |
| include both of the following: | 42889 |
| (1) Provisions for certification by the district to the | 42890 |
| chancellor, prior to the deadline for payment of the applicable | 42891 |
| bond service charges, whether the district and the community or | 42892 |
| technical college it operates are able to pay those bond service | 42893 |
| charges when due; | 42894 |
| (2) Requirements that the district or the community or | 42895 |
| technical college it operates deposits amounts for the payment of | 42896 |
| those bond service charges with the primary paying agent or fiscal | 42897 |
| agent for the obligations prior to the date on which the bond | 42898 |
| service charges are due to the owners or holders of the | 42899 |
| obligations. | 42900 |
| (D) Whenever a district or the community or technical college | 42901 |
| it operates notifies the chancellor that it will not be able to | 42902 |
| pay the bond service charges when they are due, subject to the | 42903 |
| withholding provisions of this section, or whenever the applicable | 42904 |
| paying agent or fiscal agent notifies the chancellor that it has | 42905 |
| not timely received from a district or from the college it | 42906 |
| operates the full amount needed for payment of the bond service | 42907 |
| charges when due to the holders or owners of such obligations, the | 42908 |
| chancellor shall immediately contact the district or college and | 42909 |
| the paying agent or fiscal agent to confirm that the district and | 42910 |
| the college are not able to make the required payment by the date | 42911 |
| on which it is due. | 42912 |
| If the chancellor confirms that the district and the college | 42913 |
| are not able to make the payment and the payment will not be made | 42914 |
| pursuant to a credit enhancement facility, the chancellor shall | 42915 |
| promptly pay to the applicable primary paying agent or fiscal | 42916 |
| agent the lesser of the amount due for bond service charges or the | 42917 |
| amount of the next periodic distribution scheduled to be made to | 42918 |
| the district or to the college in respect of its allocated state | 42919 |
| share of instruction. If this amount is insufficient to pay the | 42920 |
| total amount then due the agent for the payment of bond service | 42921 |
| charges, the chancellor shall continue to pay to the agent from | 42922 |
| each periodic distribution thereafter, and until the full amount | 42923 |
| due the agent for unpaid bond service charges is paid in full, the | 42924 |
| lesser of the remaining amount due the agent for bond service | 42925 |
| charges or the amount of the next periodic distribution scheduled | 42926 |
| to be made to the district or college in respect of its allocated | 42927 |
| state share of instruction. | 42928 |
| (E) The chancellor may make any payments under this section | 42929 |
| by direct deposit of funds by electronic transfer. | 42930 |
| Any amount received by a paying agent or fiscal agent under | 42931 |
| this section shall be applied only to the payment of bond service | 42932 |
| charges on the obligations of the community or technical college | 42933 |
| district or community or technical college subject to this section | 42934 |
| or to the reimbursement of the provider of a credit enhancement | 42935 |
| facility that has paid the bond service charges. | 42936 |
| (F) The chancellor may make payments under this section to | 42937 |
| paying agents or fiscal agents during any fiscal biennium of the | 42938 |
| state only from and to the extent that money is appropriated to | 42939 |
| the board of regents by the general assembly for distribution | 42940 |
| during such biennium for the state share of instruction and only | 42941 |
| to the extent that a portion of the state share of instruction has | 42942 |
| been allocated to the community or technical college district or | 42943 |
| community or technical college. Obligations of the authority or of | 42944 |
| a community or technical college district to which this section is | 42945 |
| made applicable do not constitute an obligation or a debt or a | 42946 |
| pledge of the faith, credit, or taxing power of the state, and the | 42947 |
| holders or owners of those obligations have no right to have | 42948 |
| excises or taxes levied or appropriations made by the general | 42949 |
| assembly for the payment of bond service charges on the | 42950 |
| obligations, and the obligations shall contain a statement to that | 42951 |
| effect. The agreement for or the actual withholding and payment of | 42952 |
| money under this section does not constitute the assumption by the | 42953 |
| state of any debt of a community or technical college district or | 42954 |
| a community or technical college, and bond service charges on the | 42955 |
| related obligations are not anticipated to be paid from the state | 42956 |
| general revenue fund for purposes of Section 17 of Article VIII, | 42957 |
| Ohio Constitution. | 42958 |
| (G) In the case of obligations subject to the withholding | 42959 |
| provisions of this section, the issuing community or technical | 42960 |
| college district, or the authority in the case of obligations | 42961 |
| issued by the authority, shall appoint a paying agent or fiscal | 42962 |
| agent who is not an officer or employee of the district or | 42963 |
| college. | 42964 |
| (H) The chancellor, with the advice and consent of the office | 42965 |
| of budget and management, may adopt reasonable rules not | 42966 |
| inconsistent with this section for the implementation of this | 42967 |
| section to secure payment of bond service charges on obligations | 42968 |
| issued by a community or technical college district or by the | 42969 |
| authority for the benefit of a community or technical college | 42970 |
| district or the community or technical college it operates. Those | 42971 |
| rules shall include criteria for the evaluation and approval or | 42972 |
| denial of community or technical college district requests for | 42973 |
| withholding under this section. | 42974 |
| (I) The authority granted by this section is in addition to | 42975 |
| and not a limitation on any other authorizations granted by or | 42976 |
| pursuant to law for the same or similar purposes. | 42977 |
| Sec. 3333.91. (A) As used in this section, "bioscience | 42978 |
| sector" includes companies that manufacture medical devices, | 42979 |
| biopharmaceutical products, biofuel, or agricultural bioproducts; | 42980 |
| health care service companies; health care organizations; and | 42981 |
| medical research organizations. | 42982 |
| (B) The chancellor of the Ohio board of regents shall provide | 42983 |
| grants to entities that satisfy the requirements specified in | 42984 |
| this section to provide training for individuals who are not | 42985 |
| employed in the field of biotechnology or the bioscience sector | 42986 |
| and wish to receive training to be employed in that field or | 42987 |
| sector. The chancellor may provide such grants to entities | 42988 |
| engaged in any other field in which critical demands exist for | 42989 |
| certain skills. | 42990 |
| (C) The chancellor may accept applications for training grant | 42991 |
| funds awarded pursuant to this section from any of the following | 42992 |
| entities: | 42993 |
| (1) A municipal corporation that provides any of the | 42994 |
| training programs described in division (D) of this section; | 42995 |
| (2) An employer, including an intermediary or a training | 42996 |
| agent of the employer, that provides any of the training programs | 42997 |
| described in division (D) of this section; | 42998 |
| (3) Any of the following entities that sponsor multi-company | 42999 |
| employee training projects that offer programs described in | 43000 |
| division (D) of this section if those projects will address | 43001 |
| common training needs identified by employers that elect to | 43002 |
| participate in the project offered by the entity: | 43003 |
| (a) Business associations; | 43004 |
| (b) Strategic business partnerships; | 43005 |
| (c) Institutions of secondary or higher education; | 43006 |
| (d) Large manufacturers for supplier network companies; | 43007 |
| (e) Agencies of the state or of a political subdivision of | 43008 |
| the state or grant recipients under the federal "Workforce | 43009 |
| Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2801, as | 43010 |
| amended. | 43011 |
| (D) The chancellor may award grants to eligible applicants | 43012 |
| described in division (C) of this section if in the application, | 43013 |
| the applicant specifies that the money received from the grant | 43014 |
| will be used for employee training programs that include, but are | 43015 |
| not limited to, any of the following: | 43016 |
| (1) Training programs that are in response to new or changing | 43017 |
| technology introduced into the workplace; | 43018 |
| (2) Job-linked training programs that offer special skills | 43019 |
| for career advancement or that are preparatory for, and lead | 43020 |
| directly to, a job with definite career potential and long-term | 43021 |
| job security; | 43022 |
| (3) Training programs that are necessary to implement a total | 43023 |
| quality management system, a total quality improvement system, or | 43024 |
| both within the workplace; | 43025 |
| (4) Training related to learning how to operate new machinery | 43026 |
| or equipment; | 43027 |
| (5) Training for employees of companies that are expanding | 43028 |
| into new markets or expanding exports from this state and that | 43029 |
| provide jobs in this state; | 43030 |
| (6) Basic training, remedial training, or both of employees | 43031 |
| as a prerequisite for other vocational or technical skills | 43032 |
| training or as a condition for sustained employment; | 43033 |
| (7) Other training activities, training projects, or both, | 43034 |
| related to the support, development, or evaluation of job training | 43035 |
| programs, activities, and delivery systems, including training | 43036 |
| needs assessment and design. | 43037 |
| (E) The chancellor shall use the same competitive process | 43038 |
| established under section 3333.73 of the Revised Code for making | 43039 |
| awards under the Ohio co-op/internship program, adapted as | 43040 |
| necessary, to award training grants under this section. | 43041 |
| (F) The chancellor shall adopt rules in accordance with | 43042 |
| Chapter 119. of the Revised Code to establish the terms and | 43043 |
| conditions under which a grant may be awarded under this section | 43044 |
| and as necessary to implement this section. The chancellor shall | 43045 |
| include in the rules a requirement that, if an entity that | 43046 |
| applies for a grant awarded under this section is not an | 43047 |
| employer, the entity must specify in the entity's application | 43048 |
| employers that will benefit from the training the entity provides | 43049 |
| to ensure that the training provided satisfies the needs of | 43050 |
| employers located in the area where the entity provides the | 43051 |
| training programs described in division (D) of this section. No | 43052 |
| grant awarded under this section shall be for an amount that | 43053 |
| exceeds fifty per cent of the allowable costs of the training | 43054 |
| programs described in division (D) of this section provided by an | 43055 |
| entity described in division (C) of this section. Under this | 43056 |
| section, allowable costs include, but are not limited to, the | 43057 |
| following costs: | 43058 |
| (1) Administrative costs for tracking, documenting, | 43059 |
| reporting, and processing training funds or project costs; | 43060 |
| (2) Costs for developing a curriculum; | 43061 |
| (3) Wages for instructors and if the individuals receiving | 43062 |
| training are employed by the employer who offers the program, | 43063 |
| wages for those individuals; | 43064 |
| (4) Costs incurred for producing training materials, | 43065 |
| including scrap product costs; | 43066 |
| (5) Trainee travel expenses; | 43067 |
| (6) Costs for rent, purchase, or lease of training equipment; | 43068 |
| (7) Other usual and customary training costs. | 43069 |
| (G) An entity described in division (C) of this section shall | 43070 |
| use money received from a grant only for the programs that the | 43071 |
| entity specified in the entity's application in accordance with | 43072 |
| division (D) of this section. A municipal corporation that | 43073 |
| receives a grant under this section may use the money received for | 43074 |
| a training program that also is funded pursuant to the federal | 43075 |
| "Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2801, | 43076 |
| as amended. | 43077 |
| (H) The chancellor shall adopt rules in accordance with | 43078 |
| Chapter 119. of the Revised Code to establish methods and | 43079 |
| procedures the chancellor shall use to identify transitional jobs | 43080 |
| and to develop and identify training strategies that will enable | 43081 |
| individuals who are not employed in the field of biotechnology or | 43082 |
| the bioscience sector to be employed in that field or sector. | 43083 |
| (I) The chancellor shall require an employee of the board of | 43084 |
| regents to conduct at least one on-site visit to monitor the | 43085 |
| application of the grant and compliance with this section and any | 43086 |
| rules the chancellor adopts pursuant to it, either during the | 43087 |
| course of the grant period or within six months after the end of | 43088 |
| the grant period. The employee shall verify that the grantee's | 43089 |
| financial management system is structured to provide for accurate, | 43090 |
| current, and complete disclosure of the financial results of the | 43091 |
| grant program in accordance with all provisions, terms, and | 43092 |
| conditions contained in the grant contract entered into by the | 43093 |
| grantee and the chancellor pursuant to this section and any rules | 43094 |
| the chancellor adopts pursuant to it. | 43095 |
| Sec. 3343.04. The board of trustees of the Central state | 43096 |
| university shall meet in regular session at the university twice a | 43097 |
|
year. | 43098 |
| 43099 | |
| Other meetings may be called and held at such places as the board | 43100 |
| prescribes. A majority of the board present at any meeting shall | 43101 |
| constitute a quorum; but a majority of the board shall be | 43102 |
| necessary to elect or remove a president, business manager, or | 43103 |
| professor. The trustees shall receive no compensation for their | 43104 |
| services, but shall be paid their expenses for traveling and other | 43105 |
| reasonable and necessary expenses while engaged in the discharge | 43106 |
| of their official duties. | 43107 |
| Sec. 3345.011. "State university" means a public institution | 43108 |
| of higher education which is a body politic and corporate. Each of | 43109 |
| the following institutions of higher education shall be recognized | 43110 |
| as a state university: university of Akron, Bowling Green state | 43111 |
| university, Central state university, university of Cincinnati, | 43112 |
| Cleveland state university, Kent state university, Miami | 43113 |
| university, Ohio university, Ohio state university, Shawnee state | 43114 |
| university, university of Toledo, Wright state university, and | 43115 |
| Youngstown state university. | 43116 |
| "State institution of higher education" means any state | 43117 |
| university or college as defined in division (A)(1) of section | 43118 |
| 3345.12 of the Revised Code, community college, state community | 43119 |
| college, university branch established under Chapter 3355. of the | 43120 |
| Revised Code, or technical college. | 43121 |
| "University system of Ohio" means the collective group of all | 43122 |
| of the state institutions of higher education. | 43123 |
| "Member of the university system of Ohio" means any | 43124 |
| individual state institution of higher education. | 43125 |
| Sec. 3345.12. (A) As used in this section and sections | 43126 |
| 3345.07 and 3345.11 of the Revised Code, in other sections of the | 43127 |
| Revised Code that make reference to this section unless the | 43128 |
| context does not permit, and in related bond proceedings unless | 43129 |
| otherwise expressly provided: | 43130 |
| (1) "State university or college" means each of the state | 43131 |
| universities identified in section 3345.011 of the Revised Code | 43132 |
| and the northeastern Ohio universities college of medicine, and | 43133 |
| includes its board of trustees. | 43134 |
| (2) "Institution of higher education" or "institution" means | 43135 |
| a state university or college, or a community college district, | 43136 |
| technical college district, university branch district, or state | 43137 |
| community college, and includes the applicable board of trustees | 43138 |
| or, in the case of a university branch district, any other | 43139 |
| managing authority. | 43140 |
| (3) "Housing and dining facilities" means buildings, | 43141 |
| structures, and other improvements, and equipment, real estate, | 43142 |
| and interests in real estate therefor, to be used for or in | 43143 |
| connection with dormitories or other living quarters and | 43144 |
| accommodations, or related dining halls or other food service and | 43145 |
| preparation facilities, for students, members of the faculty, | 43146 |
| officers, or employees of the institution of higher education, and | 43147 |
| their spouses and families. | 43148 |
| (4) "Auxiliary facilities" means buildings, structures, and | 43149 |
| other improvements, and equipment, real estate, and interests in | 43150 |
| real estate therefor, to be used for or in connection with student | 43151 |
| activity or student service facilities, housing and dining | 43152 |
| facilities, dining halls, and other food service and preparation | 43153 |
| facilities, vehicular parking facilities, bookstores, athletic and | 43154 |
| recreational facilities, faculty centers, auditoriums, assembly | 43155 |
| and exhibition halls, hospitals, infirmaries and other medical and | 43156 |
| health facilities, research, and continuing education facilities. | 43157 |
| (5) "Education facilities" means buildings, structures, and | 43158 |
| other improvements, and equipment, real estate, and interests in | 43159 |
| real estate therefor, to be used for or in connection with, | 43160 |
| classrooms or other instructional facilities, libraries, | 43161 |
| administrative and office facilities, and other facilities, other | 43162 |
| than auxiliary facilities, to be used directly or indirectly for | 43163 |
| or in connection with the conduct of the institution of higher | 43164 |
| education. | 43165 |
| (6) "Facilities" means housing and dining facilities, | 43166 |
| auxiliary facilities, or education facilities, and includes any | 43167 |
| one, part of, or any combination of such facilities, and further | 43168 |
| includes site improvements, utilities, machinery, furnishings, and | 43169 |
| any separate or connected buildings, structures, improvements, | 43170 |
| sites, open space and green space areas, utilities or equipment to | 43171 |
| be used in, or in connection with the operation or maintenance of, | 43172 |
| or supplementing or otherwise related to the services or | 43173 |
| facilities to be provided by, such facilities. | 43174 |
| (7) "Obligations" means bonds or notes or other evidences of | 43175 |
| obligation, including interest coupons pertaining thereto, | 43176 |
| authorized to be issued under this section or section 3345.07, | 43177 |
| 3345.11, 3354.121, 3355.091, 3357.112, or 3358.10 of the Revised | 43178 |
| Code. | 43179 |
| (8) "Bond service charges" means principal, including any | 43180 |
| mandatory sinking fund or redemption requirements for the | 43181 |
| retirement of obligations, interest, or interest equivalent and | 43182 |
| other accreted amounts, and any call premium required to be paid | 43183 |
| on obligations. | 43184 |
| (9) "Bond proceedings" means the resolutions, trust | 43185 |
| agreement, indenture, and other agreements and credit enhancement | 43186 |
| facilities, and amendments and supplements to the foregoing, or | 43187 |
| any one or more or combination thereof, authorizing, awarding, or | 43188 |
| providing for the terms and conditions applicable to, or providing | 43189 |
| for the security or liquidity of, obligations, and the provisions | 43190 |
| contained in those obligations. | 43191 |
| (10) "Costs of facilities" means the costs of acquiring, | 43192 |
| constructing, reconstructing, rehabilitating, remodeling, | 43193 |
| renovating, enlarging, improving, equipping, or furnishing | 43194 |
| facilities, and the financing thereof, including the cost of | 43195 |
| clearance and preparation of the site and of any land to be used | 43196 |
| in connection with facilities, the cost of any indemnity and | 43197 |
| surety bonds and premiums on insurance, all related direct | 43198 |
| administrative expenses and allocable portions of direct costs of | 43199 |
| the institution of higher education or state agency, cost of | 43200 |
| engineering, architectural services, design, plans, specifications | 43201 |
| and surveys, estimates of cost, legal fees, fees and expenses of | 43202 |
| trustees, depositories, bond registrars, and paying agents for the | 43203 |
| obligations, cost of issuance of the obligations and financing | 43204 |
| costs and fees and expenses of financial advisers and consultants | 43205 |
| in connection therewith, interest on the obligations from the date | 43206 |
| thereof to the time when interest is to be covered by available | 43207 |
| receipts or other sources other than proceeds of the obligations, | 43208 |
| amounts necessary to establish reserves as required by the bond | 43209 |
| proceedings, costs of audits, the reimbursements of all moneys | 43210 |
| advanced or applied by or borrowed from the institution or others, | 43211 |
| from whatever source provided, including any temporary advances | 43212 |
| from state appropriations, for the payment of any item or items of | 43213 |
| cost of facilities, and all other expenses necessary or incident | 43214 |
| to planning or determining feasibility or practicability with | 43215 |
| respect to facilities, and such other expenses as may be necessary | 43216 |
| or incident to the acquisition, construction, reconstruction, | 43217 |
| rehabilitation, remodeling, renovation, enlargement, improvement, | 43218 |
| equipment, and furnishing of facilities, the financing thereof and | 43219 |
| the placing of them in use and operation, including any one, part | 43220 |
| of, or combination of such classes of costs and expenses. | 43221 |
| (11) "Available receipts" means all moneys received by the | 43222 |
| institution of higher education, including income, revenues, and | 43223 |
| receipts from the operation, ownership, or control of facilities, | 43224 |
| grants, gifts, donations, and pledges and receipts therefrom, | 43225 |
| receipts from fees and charges, and the proceeds of the sale of | 43226 |
| obligations, including proceeds of obligations issued to refund | 43227 |
| obligations previously issued, but excluding any special fee, | 43228 |
| and receipts therefrom, charged pursuant to division (D) of | 43229 |
| section 154.21 of the Revised Code. | 43230 |
| (12) "Credit enhancement facilities" has the meaning given in | 43231 |
| division (H) of section 133.01 of the Revised Code. | 43232 |
| (13) "Financing costs" has the meaning given in division (K) | 43233 |
| of section 133.01 of the Revised Code. | 43234 |
| (14) "Interest" or "interest equivalent" has the meaning | 43235 |
| given in division (R) of section 133.01 of the Revised Code. | 43236 |
| (B) Obligations issued under section 3345.07 or 3345.11 of | 43237 |
| the Revised Code by a state university or college shall be | 43238 |
| authorized by resolution of its board of trustees. Obligations | 43239 |
| issued by any other institution of higher education shall be | 43240 |
| authorized by resolution of its board of trustees, or managing | 43241 |
| directors in the case of certain university branch districts, as | 43242 |
| applicable. Sections 9.96 and 9.98 to 9.983 of the Revised Code | 43243 |
| apply to obligations. Obligations may be issued to pay costs of | 43244 |
| facilities even if the institution anticipates the possibility of | 43245 |
| a future state appropriation to pay all or a portion of such | 43246 |
| costs. | 43247 |
| (C) Obligations shall be secured by a pledge of and lien on | 43248 |
| all or such part of the available receipts of the institution of | 43249 |
| higher education as it provides for in the bond proceedings, | 43250 |
| excluding moneys raised by taxation and state appropriations | 43251 |
| except as permitted by section 3333.90 of the Revised Code. Such | 43252 |
| pledge and lien may be made prior to all other expenses, claims, | 43253 |
| or payments, excepting any pledge of such available receipts | 43254 |
| previously made to the contrary and except as provided by any | 43255 |
| existing restrictions on the use thereof, or such pledge and lien | 43256 |
| may be made subordinate to such other expenses, claims, or | 43257 |
| payments, as provided in the bond proceedings. Obligations may be | 43258 |
| additionally secured by covenants of the institution to make, | 43259 |
| fix, adjust, collect, and apply such charges, rates, fees, | 43260 |
| rentals, and other items of available receipts as will produce | 43261 |
| pledged available receipts sufficient to meet bond service | 43262 |
| charges, reserve, and other requirements provided for in the bond | 43263 |
| proceedings. Notwithstanding this and any other sections of the | 43264 |
| Revised Code, the holders or owners of the obligations shall not | 43265 |
| be given the right and shall have no right to have excises or | 43266 |
| taxes levied by the general assembly for the payment of bond | 43267 |
| service charges thereon, and each such obligation shall bear on | 43268 |
| its face a statement to that effect and to the effect that the | 43269 |
| right to such payment is limited to the available receipts and | 43270 |
| special funds pledged to such purpose under the bond proceedings. | 43271 |
| All pledged available receipts and funds and the proceeds of | 43272 |
| obligations are trust funds and, subject to the provisions of | 43273 |
| this section and the applicable bond proceedings, shall be held, | 43274 |
| deposited, invested, reinvested, disbursed, applied, and used to | 43275 |
| such extent, in such manner, at such times, and for such | 43276 |
| purposes, as are provided in the bond proceedings. | 43277 |
| (D) The bond proceedings for obligations shall provide for | 43278 |
| the purpose thereof and the principal amount or maximum principal | 43279 |
| amount, and provide for or authorize the manner of determining | 43280 |
| the principal maturity or maturities, the sale price including | 43281 |
| any permitted discount, the interest rate or rates, which may be | 43282 |
| a variable rate or rates, or the maximum interest rate, the date | 43283 |
| of the obligations and the date or dates of payment of interest | 43284 |
| thereon, their denominations, the manner of sale thereof, and the | 43285 |
| establishment within or without the state of a place or places of | 43286 |
| payment of bond service charges. The bond proceedings also shall | 43287 |
| provide for a pledge of and lien on available receipts of the | 43288 |
| institution of higher education as provided in division (C) of | 43289 |
| this section, and a pledge of and lien on such fund or funds | 43290 |
| provided in the bond proceedings arising from available receipts, | 43291 |
| which pledges and liens may provide for parity with obligations | 43292 |
| theretofore or thereafter issued by the institution. The available | 43293 |
| receipts so pledged and thereafter received by the institution and | 43294 |
| the funds so pledged are immediately subject to the lien of such | 43295 |
| pledge without any physical delivery thereof or further act, and | 43296 |
| the lien of any such pledge is valid and binding against all | 43297 |
| parties having claims of any kind against the institution, | 43298 |
| irrespective of whether such parties have notice thereof, and | 43299 |
| shall create a perfected security interest for all purposes of | 43300 |
| Chapter 1309. of the Revised Code, without the necessity for | 43301 |
| separation or delivery of funds or for the filing or recording of | 43302 |
| the bond proceedings by which such pledge is created or any | 43303 |
| certificate, statement, or other document with respect thereto; | 43304 |
| and the pledge of such available receipts and funds shall be | 43305 |
| effective and the money therefrom and thereof may be applied to | 43306 |
| the purposes for which pledged without necessity for any act of | 43307 |
| appropriation. | 43308 |
| (E) The bond proceedings may contain additional provisions | 43309 |
| customary or appropriate to the financing or to the obligations or | 43310 |
| to particular obligations, including: | 43311 |
| (1) The acquisition, construction, reconstruction, equipment, | 43312 |
| furnishing, improvement, operation, alteration, enlargement, | 43313 |
| maintenance, insurance, and repair of facilities, and the duties | 43314 |
| of the institution of higher education with reference thereto; | 43315 |
| (2) The terms of the obligations, including provisions for | 43316 |
| their redemption prior to maturity at the option of the | 43317 |
| institution of higher education at such price or prices and under | 43318 |
| such terms and conditions as are provided in the bond | 43319 |
| proceedings; | 43320 |
| (3) Limitations on the purposes to which the proceeds of the | 43321 |
| obligations may be applied; | 43322 |
| (4) The rates or rentals or other charges for the use of or | 43323 |
| right to use the facilities financed by the obligations, or other | 43324 |
| properties the revenues or receipts from which are pledged to the | 43325 |
| obligations, and rules for assuring use and occupancy thereof, | 43326 |
| including limitations upon the right to modify such rates, | 43327 |
| rentals, other charges, or regulations; | 43328 |
| (5) The use and expenditure of the pledged available receipts | 43329 |
| in such manner and to such extent as shall be determined, which | 43330 |
| may include provision for the payment of the expenses of | 43331 |
| operation, maintenance, and repair of facilities so that such | 43332 |
| expenses, or part thereof, shall be paid or provided as a charge | 43333 |
| prior or subsequent to the payment of bond service charges and | 43334 |
| any other payments required to be made by the bond proceedings; | 43335 |
| (6) Limitations on the issuance of additional obligations; | 43336 |
| (7) The terms of any trust agreement or indenture securing | 43337 |
| the obligations or under which the same may be issued; | 43338 |
| (8) The deposit, investment, and application of funds, and | 43339 |
| the safeguarding of funds on hand or on deposit without regard to | 43340 |
| Chapter 131. or 135. of the Revised Code, and any bank or trust | 43341 |
| company or other financial institution that acts as depository of | 43342 |
| any moneys under the bond proceedings shall furnish such | 43343 |
| indemnifying bonds or pledge such securities as required by the | 43344 |
| bond proceedings or otherwise by the institution of higher | 43345 |
| education; | 43346 |
| (9) The binding effect of any or every provision of the bond | 43347 |
| proceedings upon such officer, board, commission, authority, | 43348 |
| agency, department, or other person or body as may from time to | 43349 |
| time have the authority under law to take such actions as may be | 43350 |
| necessary to perform all or any part of the duty required by such | 43351 |
| provision; | 43352 |
| (10) Any provision that may be made in a trust agreement or | 43353 |
| indenture; | 43354 |
| (11) Any other or additional agreements with respect to the | 43355 |
| facilities of the institution of higher education, their | 43356 |
| operation, the available receipts and funds pledged, and | 43357 |
| insurance of facilities and of the institution, its officers and | 43358 |
| employees. | 43359 |
| (F) Such obligations may have the seal of the institution of | 43360 |
| higher education or a facsimile thereof affixed thereto or | 43361 |
| printed thereon and shall be executed by such officers as are | 43362 |
| designated in the bond proceedings, which execution may be by | 43363 |
| facsimile signatures. Any obligations may be executed by an | 43364 |
| officer who, on the date of execution, is the proper officer | 43365 |
| although on the date of such obligations such person was not the | 43366 |
| proper officer. In case any officer whose signature or a | 43367 |
| facsimile of whose signature appears on any such obligation | 43368 |
| ceases to be such officer before delivery thereof, such | 43369 |
| signature or facsimile is nevertheless valid and sufficient for | 43370 |
| all purposes as if the person had remained such officer until | 43371 |
| such delivery; and in case the seal of the institution has been | 43372 |
| changed after a facsimile of the seal has been imprinted on such | 43373 |
| obligations, such facsimile seal continues to be sufficient as | 43374 |
| to such obligations and obligations issued in substitution or | 43375 |
| exchange therefor. | 43376 |
| (G) All such obligations are negotiable instruments and | 43377 |
| securities under Chapter 1308. of the Revised Code, subject to | 43378 |
| the provisions of the bond proceedings as to registration. The | 43379 |
| obligations may be issued in coupon or in registered form, or | 43380 |
| both. Provision may be made for the registration of any | 43381 |
| obligations with coupons attached thereto as to principal alone | 43382 |
| or as to both principal and interest, their exchange for | 43383 |
| obligations so registered, and for the conversion or | 43384 |
| reconversion into obligations with coupons attached thereto of | 43385 |
| any obligations registered as to both principal and interest, | 43386 |
| and for reasonable charges for such registration, exchange, | 43387 |
| conversion, and reconversion. | 43388 |
| (H) Pending preparation of definitive obligations, the | 43389 |
| institution of higher education may issue interim receipts or | 43390 |
| certificates which shall be exchanged for such definitive | 43391 |
| obligations. | 43392 |
| (I) Such obligations may be secured additionally by a trust | 43393 |
| agreement or indenture between the institution of higher | 43394 |
| education and a corporate trustee, which may be any trust company | 43395 |
| or bank having the powers of a trust company within or without | 43396 |
| this state but authorized to exercise trust powers within this | 43397 |
| state. Any such agreement or indenture may contain the | 43398 |
| resolution authorizing the issuance of the obligations, any | 43399 |
| provisions that may be contained in the bond proceedings as | 43400 |
| authorized by this section, and other provisions which are | 43401 |
| customary or appropriate in an agreement or indenture of such | 43402 |
| type, including: | 43403 |
| (1) Maintenance of each pledge, trust agreement, and | 43404 |
| indenture, or other instrument comprising part of the bond | 43405 |
| proceedings until the institution of higher education has fully | 43406 |
| paid the bond service charges on the obligations secured thereby, | 43407 |
| or provision therefor has been made; | 43408 |
| (2) In the event of default in any payments required to be | 43409 |
| made by the bond proceedings, or any other agreement of the | 43410 |
| institution of higher education made as a part of the contract | 43411 |
| under which the obligations were issued, enforcement of such | 43412 |
| payments or agreement by mandamus, the appointment of a receiver, | 43413 |
| suit in equity, action at law, or any combination of the | 43414 |
| foregoing; | 43415 |
| (3) The rights and remedies of the holders of obligations | 43416 |
| and of the trustee, and provisions for protecting and enforcing | 43417 |
| them, including limitations on rights of individual holders of | 43418 |
| obligations; | 43419 |
| (4) The replacement of any obligations that become mutilated | 43420 |
| or are destroyed, lost, or stolen; | 43421 |
| (5) Such other provisions as the trustee and the institution | 43422 |
| of higher education agree upon, including limitations, conditions, | 43423 |
| or qualifications relating to any of the foregoing. | 43424 |
| (J) Each duty of the institution of higher education and its | 43425 |
| officers or employees, undertaken pursuant to the bond proceedings | 43426 |
| or any related agreement or lease made under authority of law, is | 43427 |
| hereby established as a duty of such institution, and of each such | 43428 |
| officer or employee having authority to perform such duty, | 43429 |
| specially enjoined by law resulting from an office, trust, or | 43430 |
| station within the meaning of section 2731.01 of the Revised Code. | 43431 |
| The persons who are at the time the members of the board of | 43432 |
| trustees or the managing directors of the institution or its | 43433 |
| officers or employees are not liable in their personal capacities | 43434 |
| on such obligations, or lease, or other agreement of the | 43435 |
| institution. | 43436 |
| (K) The authority to issue obligations includes authority | 43437 |
| to: | 43438 |
| (1) Issue obligations in the form of bond anticipation notes | 43439 |
| and to renew them from time to time by the issuance of new notes. | 43440 |
| Such notes are payable solely from the available receipts and | 43441 |
| funds that may be pledged to the payment of such bonds, or from | 43442 |
| the proceeds of such bonds or renewal notes, or both, as the | 43443 |
| institution of higher education provides in its resolution | 43444 |
| authorizing such notes. Such notes may be additionally secured by | 43445 |
| covenants of the institution to the effect that it will do such | 43446 |
| or all things necessary for the issuance of such bonds or | 43447 |
| renewal notes in appropriate amount, and either exchange such | 43448 |
| bonds or renewal notes therefor or apply the proceeds thereof to | 43449 |
| the extent necessary, to make full payment of the bond service | 43450 |
| charges on such notes at the time or times contemplated, as | 43451 |
| provided in such resolution. Subject to the provisions of this | 43452 |
| division, all references to obligations in this section apply to | 43453 |
| such anticipation notes. | 43454 |
| (2) Issue obligations to refund, including funding and | 43455 |
| retirement of, obligations previously issued to pay costs of | 43456 |
| facilities. Such obligations may be issued in amounts sufficient | 43457 |
| for payment of the principal amount of the obligations to be so | 43458 |
| refunded, any redemption premiums thereon, principal maturities | 43459 |
| of any obligations maturing prior to the redemption of any other | 43460 |
| obligations on a parity therewith to be so refunded, interest | 43461 |
| accrued or to accrue to the maturity date or dates of redemption | 43462 |
| of such obligations, and any expenses incurred or to be incurred | 43463 |
| in connection with such refunding or the issuance of the | 43464 |
| obligations. | 43465 |
| (L) Obligations are lawful investments for banks, societies | 43466 |
| for savings, savings and loan associations, deposit guarantee | 43467 |
| associations, trust companies, trustees, fiduciaries, insurance | 43468 |
| companies, including domestic for life and domestic not for life, | 43469 |
| trustees or other officers having charge of sinking and bond | 43470 |
| retirement or other special funds of political subdivisions and | 43471 |
| taxing districts of this state, the commissioners of the sinking | 43472 |
| fund, the administrator of workers' compensation in accordance | 43473 |
| with the investment policy approved by the bureau of workers' | 43474 |
| compensation board of directors pursuant to section 4121.12 of | 43475 |
| the Revised Code, the state teachers retirement system, the | 43476 |
| public employees retirement system, the school employees | 43477 |
| retirement system, and the Ohio police and fire pension fund, | 43478 |
| notwithstanding any other provisions of the Revised Code or rules | 43479 |
| adopted pursuant thereto by any state agency with respect to | 43480 |
| investments by them, and are also acceptable as security for the | 43481 |
| deposit of public moneys. | 43482 |
| (M) All facilities purchased, acquired, constructed, or | 43483 |
| owned by an institution of higher education, or financed in | 43484 |
| whole or in part by obligations issued by an institution, and | 43485 |
| used for the purposes of the institution or other publicly owned | 43486 |
| and controlled college or university, is public property used | 43487 |
| exclusively for a public purpose, and such property and the | 43488 |
| income therefrom is exempt from all taxation and assessment | 43489 |
| within this state, including ad valorem and excise taxes. The | 43490 |
| obligations, the transfer thereof, and the income therefrom, | 43491 |
| including any profit made on the sale thereof, are at all times | 43492 |
| free from taxation within the state. The transfer of tangible | 43493 |
| personal property by lease under authority of this section or | 43494 |
| section 3345.07, 3345.11, 3354.121, 3355.091, 3357.112, or | 43495 |
| 3358.10 of the Revised Code is not a sale as used in Chapter | 43496 |
| 5739. of the Revised Code. | 43497 |
| (N) The authority granted by this section is cumulative with | 43498 |
| the authority granted to institutions of higher education under | 43499 |
| Chapter 154. of the Revised Code, and nothing in this section | 43500 |
| impairs or limits the authority granted by Chapter 154. of the | 43501 |
| Revised Code. In any lease, agreement, or commitment made by an | 43502 |
| institution of higher education under Chapter 154. of the Revised | 43503 |
| Code, it may agree to restrict or subordinate any pledge it may | 43504 |
| thereafter make under authority of this section. | 43505 |
| (O) Title to lands acquired under this section and sections | 43506 |
| 3345.07 and 3345.11 of the Revised Code by a state university or | 43507 |
| college shall be taken in the name of the state. | 43508 |
| (P) Except where costs of facilities are to be paid in whole | 43509 |
| or in part from funds appropriated by the general assembly, | 43510 |
| section 125.81 of the Revised Code and the requirement for | 43511 |
| certification with respect thereto under section 153.04 of the | 43512 |
| Revised Code do not apply to such facilities. | 43513 |
| (Q) A state university or college may sell or lease lands or | 43514 |
| interests in land owned by it or by the state for its use, or | 43515 |
| facilities authorized to be acquired or constructed by it under | 43516 |
| section 3345.07 or 3345.11 of the Revised Code, to permit the | 43517 |
| purchasers or lessees thereof to acquire, construct, equip, | 43518 |
| furnish, reconstruct, alter, enlarge, remodel, renovate, | 43519 |
| rehabilitate, improve, maintain, repair, or maintain and operate | 43520 |
| thereon and to provide by lease or otherwise to such institution, | 43521 |
| facilities authorized in section 3345.07 or 3345.11 of the Revised | 43522 |
| Code. Such land or interests therein shall be sold for such | 43523 |
| appraised value, or leased, and on such terms as the board of | 43524 |
| trustees determines. All deeds or other instruments relating to | 43525 |
| such sales or leases shall be executed by such officer of the | 43526 |
| state university or college as the board of trustees designates. | 43527 |
| The state university or college shall hold, invest, or use the | 43528 |
| proceeds of such sales or leases for the same purposes for which | 43529 |
| proceeds of borrowings may be used under sections 3345.07 and | 43530 |
| 3345.11 of the Revised Code. | 43531 |
| (R) An institution of higher education may pledge available | 43532 |
| receipts, to the extent permitted by division (C) of this section | 43533 |
| with respect to obligations, to secure the payments to be made by | 43534 |
| it under any lease, lease with option to purchase, or | 43535 |
| lease-purchase agreement authorized under this section or section | 43536 |
| 3345.07, 3345.11, 3354.121, 3355.091, 3357.112, or 3358.10 of the | 43537 |
| Revised Code. | 43538 |
| Sec. 3345.32. (A) As used in this section: | 43539 |
| (1) "State university or college" means the institutions | 43540 |
| described in section 3345.27 of the Revised Code and the | 43541 |
| northeastern Ohio universities college of medicine. | 43542 |
| (2) "Resident" has the meaning specified by rule of the | 43543 |
| chancellor of the Ohio board of regents. | 43544 |
| (3) "Statement of selective service status" means a statement | 43545 |
| certifying one of the following: | 43546 |
| (a) That the individual filing the statement has registered | 43547 |
| with the selective service system in accordance with the "Military | 43548 |
| Selective Service Act," 62 Stat. 604, 50 U.S.C. App. 453, as | 43549 |
| amended; | 43550 |
| (b) That the individual filing the statement is not required | 43551 |
| to register with the selective service for one of the following | 43552 |
| reasons: | 43553 |
| (i) The individual is under eighteen or over twenty-six years | 43554 |
| of age. | 43555 |
| (ii) The individual is on active duty with the armed forces | 43556 |
| of the United States other than for training in a reserve or | 43557 |
| national guard unit. | 43558 |
| (iii) The individual is a nonimmigrant alien lawfully in the | 43559 |
| United States in accordance with section 101 (a)(15) of the | 43560 |
| "Immigration and Nationality Act," 8 U.S.C. 1101, as amended. | 43561 |
| (iv) The individual is not a citizen of the United States and | 43562 |
| is a permanent resident of the Trust Territory of the Pacific | 43563 |
| Islands or the Northern Mariana Islands. | 43564 |
| (4) "Institution of higher education" means any eligible | 43565 |
| institution approved by the United States department of education | 43566 |
| pursuant to the "Higher Education Act of 1965," 79 Stat. 1219, as | 43567 |
| amended, or any institution whose students are eligible for | 43568 |
| financial assistance under any of the programs described by | 43569 |
| division (E) of this section. | 43570 |
| (B) The chancellor shall, by rule, specify the form of | 43571 |
| statements of selective service status to be filed in compliance | 43572 |
| with divisions (C) to (F) of this section. Each statement of | 43573 |
| selective service status shall contain a section wherein a male | 43574 |
| student born after December 31, 1959, certifies that the student | 43575 |
| has registered with the selective service system in accordance | 43576 |
| with the "Military Selective Service Act," 62 Stat. 604, 50 U.S.C. | 43577 |
| App. 453, as amended. For those students not required to register | 43578 |
| with the selective service, as specified in divisions | 43579 |
| (A)(2)(b)(i) to (iv) of this section, a section shall be provided | 43580 |
| on the statement of selective service status for the | 43581 |
| certification of nonregistration and for an explanation of the | 43582 |
| reason for the exemption. The chancellor may require that such | 43583 |
| statements be accompanied by documentation specified by rule of | 43584 |
| the chancellor. | 43585 |
| (C) A state university or college that enrolls in any course, | 43586 |
| class, or program a male student born after December 31, 1959, who | 43587 |
| has not filed a statement of selective service status with the | 43588 |
| university or college shall, regardless of the student's | 43589 |
| residency, charge the student any tuition surcharge charged | 43590 |
| students who are not residents of this state. | 43591 |
| (D) No male born after December 31, 1959, shall be eligible | 43592 |
| to receive any loan, grant, scholarship, or other financial | 43593 |
| assistance for educational expenses granted under section 3315.33, | 43594 |
|
3333.12, 3333.122, 3333.21, 3333.22, 3333.26, | 43595 |
| 5910.032, or 5919.34 of the Revised Code, financed by an award | 43596 |
| under the choose Ohio first scholarship program established under | 43597 |
| section 3333.61 of the Revised Code, or financed by an award | 43598 |
| under the Ohio co-op/internship program established under | 43599 |
| section 3333.72 of the Revised Code, unless that person has | 43600 |
| filed a statement of selective service status with that person's | 43601 |
| institution of higher education. | 43602 |
| (E) If an institution of higher education receives a | 43603 |
| statement from an individual certifying that the individual has | 43604 |
| registered with the selective service system in accordance with | 43605 |
| the "Military Selective Service Act," 62 Stat. 604, 50 U.S.C. App. | 43606 |
| 453, as amended or that the individual is exempt from registration | 43607 |
| for a reason other than that the individual is under eighteen | 43608 |
| years of age, the institution shall not require the individual to | 43609 |
| file any further statements. If it receives a statement certifying | 43610 |
| that the individual is not required to register because the | 43611 |
| individual is under eighteen years of age, the institution shall | 43612 |
| require the individual to file a new statement of selective | 43613 |
| service status each time the individual seeks to enroll for a new | 43614 |
| academic term or makes application for a new loan or loan | 43615 |
| guarantee or for any form of financial assistance for educational | 43616 |
| expenses, until it receives a statement certifying that the | 43617 |
| individual has registered with the selective service system or is | 43618 |
| exempt from registration for a reason other than that the | 43619 |
| individual is under eighteen years of age. | 43620 |
| Sec. 3345.61. As used in this section and sections 3345.62 | 43621 |
| to 3345.66 of the Revised Code: | 43622 |
| (A) "Avoided capital costs" means a measured reduction in the | 43623 |
| cost of future equipment or other capital purchases that results | 43624 |
| from implementation of one or more energy or water conservation | 43625 |
| measures, when compared to an established baseline for previous | 43626 |
| such cost. | 43627 |
| (B) "Board of trustees of a state institution of higher | 43628 |
| education" means the board of trustees of a state institution of | 43629 |
| higher education as defined in section 3345.011 of the Revised | 43630 |
| Code. | 43631 |
| | 43632 |
| or modification of an installation in, or a remodeling of, an | 43633 |
|
existing building in order to reduce energy consumption | 43634 |
| 43635 |
| (1) Installation or modification of insulation in the | 43636 |
| building structure and systems within the building; | 43637 |
| (2) Installation or modification of a storm | 43638 |
| window or door, a multiglazed | 43639 |
| 43640 | |
|
window and door | 43641 |
|
glazing; | 43642 |
| 43643 | |
| energy consumption and operating costs; | 43644 |
| (3) Installation or modification of an automatic energy | 43645 |
|
control | 43646 |
| (4) Replacement or modification of a heating, ventilating, or | 43647 |
|
air conditioning | 43648 |
| (5) Application of caulking and weatherstripping; | 43649 |
| (6) Replacement or modification of a lighting | 43650 |
| fixture to increase the energy efficiency of the system without | 43651 |
| increasing the overall illumination of a facility, unless such | 43652 |
| increase in illumination is necessary to conform to the applicable | 43653 |
| state or local building code for the proposed lighting system; | 43654 |
| (7) Installation or modification of an energy recovery | 43655 |
| 43656 |
| (8) Installation or modification of cogeneration systems that | 43657 |
| produce steam or forms of energy such as heat, as well as | 43658 |
| electricity, for use primarily within a building or complex of | 43659 |
| buildings; | 43660 |
| (9) Any other modification, installation, or remodeling | 43661 |
| approved by the board of trustees of a state institution of higher | 43662 |
| education as an energy conservation measure for one or more | 43663 |
| buildings owned by the institution. | 43664 |
| | 43665 |
| installation, by purchase, lease, lease-purchase, lease with an | 43666 |
| option to buy, or installment purchase, of an energy conservation | 43667 |
| measure and any attendant architectural and engineering consulting | 43668 |
| services. | 43669 |
| (E) "Energy, water, or wastewater cost savings" means a | 43670 |
| measured reduction in, as applicable, the cost of fuel, energy or | 43671 |
| water consumption, wastewater production, or stipulated operation | 43672 |
| or maintenance resulting from the implementation of one or more | 43673 |
| energy or water conservation measures, when compared to an | 43674 |
| established baseline for previous such costs, respectively. | 43675 |
| (F) "Operating cost savings" means a measured reduction in | 43676 |
| the cost of stipulated operation or maintenance created by the | 43677 |
| installation of new equipment or implementation of a new service, | 43678 |
| when compared with an established baseline for previous such | 43679 |
| stipulated costs. | 43680 |
| (G) "Water conservation measure" means an installation or | 43681 |
| modification of an installation in, or a remodeling of, an | 43682 |
| existing building or the surrounding grounds in order to reduce | 43683 |
| water consumption. The term includes any of the following: | 43684 |
| (1) Water-conserving fixture, appliance, or equipment, or the | 43685 |
| substitution of a nonwater-using fixture, appliance, or equipment; | 43686 |
| (2) Water-conserving, landscape irrigation equipment; | 43687 |
| (3) Landscaping measure that reduces storm water runoff | 43688 |
| demand and capture and hold applied water and rainfall, including | 43689 |
| landscape contouring such as the use of a berm, swale, or terrace | 43690 |
| and including the use of a soil amendment, including compost, that | 43691 |
| increases the water-holding capacity of the soil; | 43692 |
| (4) Rainwater harvesting equipment or equipment to make use | 43693 |
| of water collected as part of a storm water system installed for | 43694 |
| water quality control; | 43695 |
| (5) Equipment for recycling or reuse of water originating on | 43696 |
| the premises or from another source, including treated, municipal | 43697 |
| effluent; | 43698 |
| (6) Equipment needed to capture water for nonpotable uses | 43699 |
| from any nonconventional, alternate source, including air | 43700 |
| conditioning condensate or gray water; | 43701 |
| (7) Any other modification, installation, or remodeling | 43702 |
| approved by the board of trustees of a state institution of higher | 43703 |
| education, as defined in section 3345.011 of the Revised Code, as | 43704 |
| a water conservation measure for one or more buildings or the | 43705 |
| surrounding grounds owned by the institution. | 43706 |
| (H) "Water saving measure" means the acquisition and | 43707 |
| installation, by the purchase, lease, lease-purchase, lease with | 43708 |
| an option to buy, or installment purchases of a water conservation | 43709 |
| measure and any attendant architectural and engineering consulting | 43710 |
| services. | 43711 |
| Sec. 3345.62. The board of trustees of a state institution | 43712 |
| of higher education may contract with an energy or water services | 43713 |
| company, architect, professional engineer, contractor, or other | 43714 |
| person experienced in the design and implementation of energy or | 43715 |
| water conservation measures for a report containing an analysis | 43716 |
| and recommendations pertaining to the implementation of energy or | 43717 |
|
water conservation measures that would | 43718 |
|
in energy
| 43719 |
|
operating | 43720 |
| capital costs for the institution. The report shall include | 43721 |
| estimates of all costs of such installations, including the costs | 43722 |
| of design, engineering, installation, maintenance, repairs, and | 43723 |
|
debt service, and
estimates of the | 43724 |
| 43725 | |
| 43726 | |
| created. | 43727 |
| Sec. 3345.63. If the board of trustees of a state | 43728 |
| institution of higher education wishes to enter into a contract, | 43729 |
| other than an installment payment contract provided under section | 43730 |
| 3345.64 of the Revised Code, to implement one or more energy or | 43731 |
| water saving measures, the board may proceed under the applicable | 43732 |
| competitive bidding requirements in Chapter 153. or section | 43733 |
| 3354.16, 3355.12, 3357.16, or 3358.10 of the Revised Code or, | 43734 |
| notwithstanding those requirements, may enter into such a contract | 43735 |
| as provided in section 3345.65 of the Revised Code. | 43736 |
| Sec. 3345.64. In accordance with this section, the board of | 43737 |
| trustees of a state institution of higher education may enter into | 43738 |
| an installment payment contract for the implementation of one or | 43739 |
| more energy or water saving measures. Any such contract shall be | 43740 |
| subject to the competitive bidding requirements of Chapter 153. or | 43741 |
| section 3354.16, 3355.12, 3357.16, or 3358.10 of the Revised Code, | 43742 |
| as applicable to each such board, except as follows: | 43743 |
| (A) If the board does not exempt the entire installment | 43744 |
| payment contract from the applicable competitive bidding | 43745 |
| requirements pursuant to division (B) of this section, the | 43746 |
| provisions of the contract dealing with interest charges and | 43747 |
| financing terms shall not be subject to the applicable competitive | 43748 |
| bidding requirements. Each such contract shall require repayment | 43749 |
| on the following terms: | 43750 |
| (1) Not less than one- | 43751 |
| contract shall be paid within two years from the date of purchase; | 43752 |
| (2) | 43753 |
| 43754 | |
| 43755 | |
| 43756 | |
|
date of
purchase | 43757 |
| | 43758 |
| 43759 | |
| 43760 | |
| 43761 |
| (B) The board by majority vote may exempt from the applicable | 43762 |
| competitive bidding requirements an entire installment payment | 43763 |
| contract for the implementation of energy or water saving measures | 43764 |
| pursuant to this section and instead of those requirements shall | 43765 |
| enter into the contract as provided in section 3345.65 of the | 43766 |
| Revised Code. | 43767 |
| Sec. 3345.65. To enter into a contract under this section | 43768 |
| pursuant to section 3345.63 or division (B) of section 3345.64 of | 43769 |
| the Revised Code, a board of trustees of a state institution of | 43770 |
| higher education shall request proposals from at least three | 43771 |
| parties for the implementation of energy or water saving measures. | 43772 |
| Prior to providing any interested party a copy of any such | 43773 |
| request, the board shall advertise, in a newspaper of general | 43774 |
| circulation in the county where the contract is to be performed, | 43775 |
| its intent to request proposals for the implementation of energy | 43776 |
| or water saving measures. The notice shall invite interested | 43777 |
| parties to submit proposals for consideration and shall be | 43778 |
| published at least thirty days prior to the date for accepting | 43779 |
| proposals. | 43780 |
| Upon receiving the proposals, the board shall analyze them. | 43781 |
| After considering the cost estimates of each proposal, how | 43782 |
| qualified each party submitting a proposal is to implement its | 43783 |
| proposal, and the institution's ability to pay for each with | 43784 |
| current revenues or by financing the cost of each, the board may | 43785 |
| select one or more proposals or, instead, reject all proposals. In | 43786 |
| selecting proposals, the board shall select the proposal or | 43787 |
| proposals most likely to result in the greatest savings when the | 43788 |
|
cost of the proposal is compared to the | 43789 |
| or wastewater cost savings, operating cost savings, and avoided | 43790 |
| capital costs that will result from implementing the proposal. | 43791 |
| No board shall award a contract to implement energy or water | 43792 |
|
saving
measures under this section unless the board finds that | 43793 |
| 43794 |
| | 43795 |
| 43796 | |
| 43797 | |
|
of | 43798 |
| savings, operating cost savings, and avoided capital costs over no | 43799 |
|
more than | 43800 |
| | 43801 |
| 43802 | |
| 43803 | |
| 43804 |
| Sec. 3345.66. The board of trustees of a state institution | 43805 |
| of higher education may issue notes of the institution signed by | 43806 |
|
the | 43807 |
| officer of the board and specifying the terms of the purchase and | 43808 |
| securing the payments provided in section 3345.64 of the Revised | 43809 |
| Code, payable at the times provided and bearing interest at a rate | 43810 |
| not exceeding a rate determined under section 9.95 of the Revised | 43811 |
| Code. The notes may contain an option for prepayment and are not | 43812 |
| subject to Chapter 133. of the Revised Code. Revenues derived from | 43813 |
| any source, other than money appropriated by the general assembly, | 43814 |
|
that may be used for the purpose of | 43815 |
| or water saving measures or for defraying the current operating | 43816 |
| expenses of the institution may be pledged to the payment of | 43817 |
| interest and the retirement of such notes. The notes may be sold | 43818 |
| at private sale or given to the contractor under the installment | 43819 |
| payment contract authorized by section 3345.64 of the Revised | 43820 |
| Code. | 43821 |
| Sec. 3365.04. The rules adopted under section 3365.02 of the | 43822 |
| Revised Code shall provide for students to enroll in courses under | 43823 |
| either of the following options: | 43824 |
| (A) The student may elect at the time of enrollment to be | 43825 |
| responsible for payment of all tuition and the cost of all | 43826 |
| textbooks, materials, and fees associated with the course. The | 43827 |
| college shall notify the student about payment of tuition and fees | 43828 |
| in the customary manner followed by the college. A student | 43829 |
| electing this option also shall elect, at the time of enrollment, | 43830 |
| whether to receive only college credit or high school credit and | 43831 |
| college credit for the course. | 43832 |
| (1) The student may elect to receive only college credit for | 43833 |
| the course. Except as provided in section 3365.041 of the Revised | 43834 |
| Code, if the student successfully completes the course, the | 43835 |
| college shall award the student full credit for the course, but | 43836 |
| the board of education, community school governing authority, STEM | 43837 |
| school, or nonpublic participating school shall not award the high | 43838 |
| school credit. | 43839 |
| (2) The student may elect to receive both high school credit | 43840 |
| and college credit for the course. Except as provided in section | 43841 |
| 3365.041 of the Revised Code, if the student successfully | 43842 |
| completes the course, the college shall award the student full | 43843 |
| credit for the course and the board of education, community school | 43844 |
| governing authority, STEM school, or nonpublic school shall award | 43845 |
| the student high school credit. | 43846 |
| (B) The student may elect at the time of enrollment for each | 43847 |
| course to have the college reimbursed under section 3365.07 of the | 43848 |
| Revised Code or as provided in alternative funding agreements | 43849 |
| entered into under rules adopted under section 3365.12 of the | 43850 |
| Revised Code. Except as provided in section 3365.041 of the | 43851 |
| Revised Code, if the student successfully completes the course, | 43852 |
| the college shall award the student full credit for the course, | 43853 |
| the board of education, community school governing authority, STEM | 43854 |
| school, or nonpublic school shall award the student high school | 43855 |
| credit, and the college shall be reimbursed in accordance with | 43856 |
| section 3365.07 of the Revised Code or alternative funding | 43857 |
| agreements entered into under rules adopted under section 3365.12 | 43858 |
| of the Revised Code. | 43859 |
| When determining a school district's formula ADM under | 43860 |
| section 3317.03 of the Revised Code, the time a participant is | 43861 |
| attending courses under division (A) of this section shall be | 43862 |
| considered as time the participant is not attending or enrolled in | 43863 |
| school anywhere, and the time a participant is attending courses | 43864 |
| under division (B) of this section shall be considered as time the | 43865 |
| participant is attending or enrolled in the district's schools. | 43866 |
| Sec. 3365.041. (A) When a school district superintendent, | 43867 |
| the governing authority of a community school, or the chief | 43868 |
| administrative officer of a STEM school expels a student under | 43869 |
| division (B) of section 3313.66 of the Revised Code, the district | 43870 |
| superintendent, governing authority, or chief administrative | 43871 |
| officer shall send a written notice of the expulsion to any | 43872 |
| college in which the expelled student is enrolled under section | 43873 |
| 3365.03 of the Revised Code at the time the expulsion is imposed. | 43874 |
| The notice shall indicate the date the expulsion is scheduled to | 43875 |
| expire. The notice also shall indicate whether the district board | 43876 |
| of education, community school governing authority, or the STEM | 43877 |
| school has adopted a policy under section 3313.613 of the | 43878 |
| Revised Code to deny high school credit for post-secondary | 43879 |
| courses taken during an expulsion. If the expulsion is extended | 43880 |
| under division (F) of section 3313.66 of the Revised Code, the | 43881 |
| district superintendent, community school governing authority, or | 43882 |
| STEM school chief administrative officer shall notify the | 43883 |
| college of the extension. | 43884 |
| (B) A college may withdraw its acceptance under section | 43885 |
| 3365.03 of the Revised Code of a student who is expelled from | 43886 |
| school under division (B) of section 3313.66 of the Revised Code. | 43887 |
| As provided in section 3365.03 of the Revised Code, regardless of | 43888 |
| whether the college withdraws its acceptance of the student for | 43889 |
| the college term in which the student is expelled, the student is | 43890 |
| ineligible to enroll in a college under that section for | 43891 |
| subsequent college terms during the period of the expulsion, | 43892 |
| unless the student enrolls in another school district or community | 43893 |
| school, or a participating nonpublic school during that period. | 43894 |
| If a college withdraws its acceptance of an expelled student | 43895 |
| who elected either option of division (A)(1) or (2) of section | 43896 |
| 3365.04 of the Revised Code, the college shall refund tuition and | 43897 |
| fees paid by the student in the same proportion that it refunds | 43898 |
| tuition and fees to students who voluntarily withdraw from the | 43899 |
| college at the same time in the term. | 43900 |
| If a college withdraws its acceptance of an expelled student | 43901 |
| who elected the option of division (B) of section 3365.04 of the | 43902 |
| Revised Code, the school district, community school, or STEM | 43903 |
| school shall not award high school credit for the college courses | 43904 |
| in which the student was enrolled at the time the college withdrew | 43905 |
| its acceptance, and any reimbursement under section 3365.07 of the | 43906 |
| Revised Code or through alternative funding agreements entered | 43907 |
| into under rules adopted under section 3365.12 of the Revised Code | 43908 |
| for the student's attendance prior to the withdrawal shall be the | 43909 |
| same as would be paid for a student who voluntarily withdrew from | 43910 |
| the college at the same time in the term. If the withdrawal | 43911 |
| results in the college's receiving no reimbursement, the college | 43912 |
| may require the student to return or pay for the textbooks and | 43913 |
| materials it provided the student free of charge under section | 43914 |
| 3365.08 of the Revised Code. | 43915 |
| (C) When a student who elected the option of division (B) of | 43916 |
| section 3365.04 of the Revised Code is expelled under division (B) | 43917 |
| of section 3313.66 of the Revised Code from a school district, | 43918 |
| community school, or STEM school that has adopted a policy under | 43919 |
| section 3313.613 of the Revised Code, that election is | 43920 |
| automatically revoked for all college courses in which the student | 43921 |
| is enrolled during the college term in which the expulsion is | 43922 |
| imposed. Any reimbursement under section 3365.07 of the Revised | 43923 |
| Code or through alternative funding agreements entered into under | 43924 |
| rules adopted under section 3365.12 of the Revised Code for the | 43925 |
| student's attendance prior to the expulsion shall be the same as | 43926 |
| would be paid for a student who voluntarily withdrew from the | 43927 |
| college at the same time in the term. If the revocation results | 43928 |
| in the college's receiving no reimbursement, the college may | 43929 |
| require the student to return or pay for the textbooks and | 43930 |
| materials it provided the student free of charge under section | 43931 |
| 3365.08 of the Revised Code. | 43932 |
| No later than five days after receiving an expulsion notice | 43933 |
| from the superintendent of a district, the governing authority of | 43934 |
| a community school, or the chief administrative officer of a STEM | 43935 |
| school that has adopted a policy under section 3313.613 of the | 43936 |
| Revised Code, the college shall send a written notice to the | 43937 |
| expelled student that the student's election of division (B) of | 43938 |
| section 3365.04 of the Revised Code is revoked. If the college | 43939 |
| elects not to withdraw its acceptance of the student, the student | 43940 |
| shall pay all applicable tuition and fees for the college courses | 43941 |
| and shall pay for the textbooks and materials that the college | 43942 |
| provided under section 3365.08 of the Revised Code. | 43943 |
| Sec. 3365.07. (A) The rules adopted under section 3365.02 of | 43944 |
| the Revised Code shall specify a method for each of the following: | 43945 |
| (1) Determining, with respect to any participant, the | 43946 |
| percentage of a full-time educational program constituted by the | 43947 |
| participant's total educational program. That percentage shall be | 43948 |
| the participant's full-time equivalency percentage for purposes of | 43949 |
| the computation required by division (B)(1) of this section. | 43950 |
| (2) In the case of a participant who is not enrolled in a | 43951 |
| participating nonpublic school, determining the percentage of a | 43952 |
| participant's school day during which the participant is | 43953 |
| participating in each of the following: | 43954 |
| (a) Programs provided by the city, local, or exempted village | 43955 |
| school district, a community school, or a STEM school; | 43956 |
| (b) Programs provided by a joint vocational school district; | 43957 |
| (c) Programs provided by a college under division (B) of | 43958 |
| section 3365.04 of the Revised Code. | 43959 |
| The sum of divisions (A)(2)(a) to (c) of this section shall equal | 43960 |
| one hundred per cent. | 43961 |
| (3) In the case of a participant who is not enrolled in a | 43962 |
| participating nonpublic school, determining the percentage of a | 43963 |
| participant's enrollment that shall be deemed to be enrollment in | 43964 |
| a joint vocational school district and the percentage that shall | 43965 |
| be deemed to be enrollment in a city, local, or exempted village | 43966 |
| school district. The sum of such percentages shall equal one | 43967 |
| hundred per cent. | 43968 |
| (4) In the case of a participant who is enrolled in a | 43969 |
| participating nonpublic school, determining the percentage of a | 43970 |
| participant's school day during which the participant is | 43971 |
| participating in programs provided by a college under division (B) | 43972 |
| of section 3365.04 of the Revised Code. | 43973 |
| (B) Each July, unless provided otherwise in an alternative | 43974 |
| funding agreement entered into under rules adopted under section | 43975 |
| 3365.12 of the Revised Code, the department of education shall pay | 43976 |
| each college for any participant enrolled in the college in the | 43977 |
| prior school year under division (B) of section 3365.04 of the | 43978 |
| Revised Code an amount computed as follows: | 43979 |
| (1) Multiply the tuition base by the participant's full-time | 43980 |
| equivalency percentage and multiply the resulting amount by a | 43981 |
| percentage equal to the percentage of the participant's school day | 43982 |
| apportioned to the college under division (A)(2)(c) or (4) of this | 43983 |
| section, as applicable. | 43984 |
| (2) Pay the college the lesser of: | 43985 |
| (a) The amount computed under division (B)(1) of this | 43986 |
| section; | 43987 |
| (b) The actual costs that would have been the responsibility | 43988 |
| of the participant had the participant elected to enroll under | 43989 |
| division (A) of section 3365.04 of the Revised Code, as verified | 43990 |
| by the department, of tuition, textbooks, materials, and fees | 43991 |
| directly related to any courses elected by the participant during | 43992 |
| the prior school year under division (B) of section 3365.04 of the | 43993 |
| Revised Code. | 43994 |
| (C) The department shall not reimburse any college for any | 43995 |
| course taken by a participant under division (A) of section | 43996 |
| 3365.04 of the Revised Code. | 43997 |
| (D) If the participant was not enrolled in a participating | 43998 |
| nonpublic school, the amount paid under division (B) of this | 43999 |
| section for each participant shall be subtracted from the school | 44000 |
| foundation payments made to the participant's school district or, | 44001 |
| if the participant was enrolled in a community school or a STEM | 44002 |
| school, from the payments made to the participant's school under | 44003 |
| section 3314.08 or 3326.33 of the Revised Code. If the | 44004 |
| participant was enrolled in a joint vocational school district, a | 44005 |
| portion of the amount shall be subtracted from the payments to | 44006 |
| the joint vocational school district and a portion shall be | 44007 |
| subtracted from the payments to the participant's city, local, or | 44008 |
| exempted village school district. The amount of the payment | 44009 |
| subtracted from the city, local, or exempted village school | 44010 |
| district shall be computed as follows: | 44011 |
| (1) Add the following: | 44012 |
| (a) The percentage of the participant's enrollment in the | 44013 |
| school district, determined under division (A)(3) of this section; | 44014 |
| and | 44015 |
| (b) Twenty-five per cent times the percentage of the | 44016 |
| participant's enrollment in the joint vocational school district, | 44017 |
| determined under division (A)(3) of this section. | 44018 |
| (2) Multiply the sum obtained under division (D)(1) of this | 44019 |
| section by the amount computed under division (B)(2) of this | 44020 |
| section. | 44021 |
| The balance of the payment shall be subtracted from the joint | 44022 |
| vocational district's school foundation payments. | 44023 |
| (E) If the participant was enrolled in a participating | 44024 |
| nonpublic school, the amount paid under division (B) of this | 44025 |
| section shall be subtracted from moneys set aside by the general | 44026 |
| assembly for such purpose from funds appropriated for the purposes | 44027 |
| of section 3317.06 of the Revised Code. | 44028 |
| Sec. 3365.08. (A) A college that expects to receive or | 44029 |
| receives reimbursement under section 3365.07 of the Revised Code | 44030 |
| or through alternative funding agreements entered into under rules | 44031 |
| adopted under section 3365.12 of the Revised Code shall furnish to | 44032 |
| a participant all textbooks and materials directly related to a | 44033 |
| course taken by the participant under division (B) of section | 44034 |
| 3365.04 of the Revised Code. No college shall charge such | 44035 |
| participant for tuition, textbooks, materials, or other fees | 44036 |
| directly related to any such course. | 44037 |
| (B) No student enrolled under this chapter in a course for | 44038 |
| which credit toward high school graduation is awarded shall | 44039 |
| receive direct financial aid through any state or federal program. | 44040 |
| (C) If a school district provides transportation for resident | 44041 |
| school students in grades eleven and twelve under section 3327.01 | 44042 |
| of the Revised Code, a parent of a pupil enrolled in a course | 44043 |
| under division (A)(2) or (B) of section 3365.04 of the Revised | 44044 |
| Code may apply to the board of education for full or partial | 44045 |
| reimbursement for the necessary costs of transporting the student | 44046 |
| between the secondary school the student attends and the college | 44047 |
| in which the student is enrolled. Reimbursement may be paid solely | 44048 |
| from funds received by the district under division (D) of section | 44049 |
| 3317.022 of the Revised Code. The state board of education shall | 44050 |
| establish guidelines, based on financial need, under which a | 44051 |
| district may provide such reimbursement. | 44052 |
| (D) If a community school provides or arranges transportation | 44053 |
| for its pupils in grades nine through twelve under section | 44054 |
| 3314.091 of the Revised Code, a parent of a pupil of the community | 44055 |
| school who is enrolled in a course under division (A)(2) or (B) of | 44056 |
| section 3365.04 of the Revised Code may apply to the governing | 44057 |
| authority of the community school for full or partial | 44058 |
| reimbursement of the necessary costs of transporting the student | 44059 |
| between the community school and the college. The governing | 44060 |
| authority may pay the reimbursement in accordance with the state | 44061 |
| board's rules adopted under division (C) of this section solely | 44062 |
| from funds paid to it under section 3314.091 of the Revised Code. | 44063 |
| Sec. 3365.09. Section 3365.07 | 44064 |
| section 3365.08, and agreements entered into under rules adopted | 44065 |
| under section 3365.12 of the Revised Code do not apply to any | 44066 |
| college course in which a student is enrolled if during the term | 44067 |
| such student is enrolled in the college course the student is | 44068 |
| also a full-time student in the student's district, community | 44069 |
| school, STEM school, or nonpublic school. The rules adopted under | 44070 |
| section 3365.02 of the Revised Code shall prescribe a method for | 44071 |
| determining whether a student is enrolled full-time in the | 44072 |
| student's district, community school, STEM school, or nonpublic | 44073 |
| school. | 44074 |
| Sec. 3365.10. As used in this section, the "base amount" for | 44075 |
| any school year is one million dollars. "Full-time equivalency | 44076 |
| percentage" and "percentage of the school day" enrolled in college | 44077 |
| shall be determined under the rules described by divisions (A)(1) | 44078 |
| and (4) of section 3365.07 of the Revised Code or the rules | 44079 |
| adopted under section 3365.12 of the Revised Code. | 44080 |
| (A) Each nonpublic school student who wishes to become a | 44081 |
| participant in any school year shall send to the department of | 44082 |
|
education a copy of | 44083 |
| and an application. The application shall be made on forms | 44084 |
| provided by the state board and shall include information about | 44085 |
| the student's proposed participation, including the school year in | 44086 |
|
which | 44087 |
| the student wishes to enroll during such year; the student's | 44088 |
| expected full-time equivalency percentage for each such semester | 44089 |
| or term; and the percentage of the school day each such semester | 44090 |
| or term that the student expects to be enrolled in programs | 44091 |
| provided by a college under division (B) of section 3365.04 of the | 44092 |
| Revised Code. The department shall mark each application with the | 44093 |
| date and time of receipt. | 44094 |
| (B) Calculations involving applications under this division | 44095 |
| shall be made in the order in which the applications are received. | 44096 |
| Upon receipt of an application under division (A) of this | 44097 |
| section, the department shall calculate the amount the college | 44098 |
| would be paid under division (B) of section 3365.07 of the Revised | 44099 |
| Code or through alternative funding agreements entered into under | 44100 |
| rules adopted under section 3365.12 of the Revised Code for the | 44101 |
|
student's expected participation. | 44102 |
| division (B) of section 3365.07 of the Revised Code, the | 44103 |
| department shall subtract each such calculated amount from the | 44104 |
| base amount for that year, or the amount remaining for that year | 44105 |
| after the subtraction from the base amount of amounts previously | 44106 |
| calculated under this division as a result of prior applications | 44107 |
| for participation in that year, whichever is the lesser amount. | 44108 |
| (C) If such a subtraction under division (B) of this section | 44109 |
| results in a positive number, the department shall notify the | 44110 |
|
applicant within three weeks of the receipt of | 44111 |
|
that | 44112 |
| enrollment options program to the extent indicated in the | 44113 |
| application. | 44114 |
| (D) If such a subtraction under division (B) of this section | 44115 |
| results in a negative number, the department shall, within one | 44116 |
| week of the receipt of such application, notify the applicant, the | 44117 |
| applicant's nonpublic school, and the college accepting the | 44118 |
| applicant that funds will not be available for the applicant's | 44119 |
| participation in the program during the year for which the | 44120 |
| application was made. The department shall also notify all | 44121 |
| applicants whose applications for that year are subsequently | 44122 |
| received, their nonpublic schools, and the colleges accepting them | 44123 |
| of the same fact. | 44124 |
| (E) No applicant receiving notification under division (D) of | 44125 |
| this section may become a participant under division (B) of | 44126 |
|
section 3365.04 of the Revised Code for the year for which | 44127 |
| applicant applied and no college shall be paid under division (B) | 44128 |
| of section 3365.07 of the Revised Code or through alternative | 44129 |
| funding agreements entered into under rules adopted under section | 44130 |
| 3365.12 of the Revised Code for participation by any such | 44131 |
| applicant in such year. | 44132 |
| Sec. 3365.12. The superintendent of public instruction and | 44133 |
| the chancellor of the Ohio board of regents jointly may adopt | 44134 |
| rules in accordance with Chapter 119. of the Revised Code | 44135 |
| permitting a board of education of a school district or joint | 44136 |
| vocational school district, governing authority of a community | 44137 |
| school, governing body of a STEM school, or governing authority of | 44138 |
| a participating nonpublic school to enter into an agreement with a | 44139 |
| college or university to use an alternate funding formula to | 44140 |
| calculate, or an alternate method to transmit, the amount the | 44141 |
| college or university would be paid for a student participating in | 44142 |
| a program under this chapter, including the program known as | 44143 |
| seniors to sophomores. | 44144 |
| Rules adopted under this section may include, but need not be | 44145 |
| limited to, any of the following alternative funding options: | 44146 |
| (A) Direct payment of funds necessary to support students | 44147 |
| participating in a program under this chapter, including the | 44148 |
| seniors to sophomores program, by the school district, joint | 44149 |
| vocational school district, community school, STEM school, or any | 44150 |
| combination thereof, to the college or university in which the | 44151 |
| student enrolled; | 44152 |
| (B) Alternate funding formulas to calculate the amount of | 44153 |
| money to be paid to colleges for participants; | 44154 |
| (C) A negotiated amount to be paid, as agreed by the school | 44155 |
| district, joint vocational school district, community school, or | 44156 |
| STEM school and the college or university. | 44157 |
| Sec. 3375.481. (A) There is hereby created a statewide | 44158 |
| consortium of county law library resources boards. The statewide | 44159 |
| consortium shall be comprised of the county law library resources | 44160 |
| board of each county. | 44161 |
| (B) The statewide consortium board shall consist of five | 44162 |
| voting members, one of whom shall be the librarian of the supreme | 44163 |
| court of Ohio, or, if the librarian of the supreme court is | 44164 |
| unavailable, the chief justice's designee, and the other four | 44165 |
| members shall be appointed as follows: | 44166 |
| (1) The | 44167 |
| court shall appoint one member. | 44168 |
| (2) The county commissioners association of Ohio shall | 44169 |
| appoint two members, one of whom shall be the chief administrator | 44170 |
| of a county law library resources board. | 44171 |
| (3) The Ohio state bar association shall appoint one member. | 44172 |
| (C) Initial appointments to the statewide consortium board | 44173 |
| shall be made on or before July 1, 2010. Of the initial | 44174 |
| appointments, the initial term of the member appointed by the | 44175 |
| county commissioners association who is not the chief | 44176 |
| administrator of a county library resources board and the member | 44177 |
|
appointed by the
| 44178 |
| supreme court shall be for a term ending December 31, 2014. The | 44179 |
| initial term of the member appointed by the Ohio state bar | 44180 |
| association and the member appointed by the county commissioners | 44181 |
| association who is the chief administrator of a county law | 44182 |
| library resources board shall be for a term ending December 31, | 44183 |
| 2016. Thereafter, terms for all members shall be for five | 44184 |
| years, with each term ending on the same day of the same month | 44185 |
| as did the term that it succeeds. | 44186 |
| Each member appointed pursuant to division (B) of this | 44187 |
| section shall hold office from the date of the member's | 44188 |
| appointment until the end of the term for which the member was | 44189 |
| appointed. Vacancies shall be filled within sixty days after the | 44190 |
| vacancy occurs and shall be filled in the manner provided for | 44191 |
| original appointments. Any member appointed to fill a vacancy | 44192 |
| occurring prior to the expiration date of the term for which the | 44193 |
| member's predecessor was appointed shall hold office as a member | 44194 |
| for the remainder of that term. A member shall continue in office | 44195 |
| subsequent to the expiration date of the member's term until the | 44196 |
| member's successor takes office or until a period of sixty days | 44197 |
| has elapsed, whichever occurs first. | 44198 |
| (D) The statewide consortium board shall do all of the | 44199 |
| following for the benefit of the members of the statewide | 44200 |
| consortium: | 44201 |
| (1) Negotiate contracts that each county law library | 44202 |
| resources board may use for purchasing or obtaining access to | 44203 |
| legal research and reference materials available in any medium; | 44204 |
| (2) Catalogue existing resources held by county law library | 44205 |
| resources boards and facilitate the sharing of those resources by | 44206 |
| the county law library resources boards; | 44207 |
| (3) Develop and recommend guidelines for the collection of or | 44208 |
| access to legal resources that ought to be provided by a county | 44209 |
| law library resources board; | 44210 |
| (4) Provide consultation and assistance to county law library | 44211 |
| resources boards; | 44212 |
| (5) Issue an annual report of its activities to each county | 44213 |
| law library resources board. | 44214 |
| (E)(1) There is hereby created in the state treasury the | 44215 |
| statewide consortium of county law library resources boards fund. | 44216 |
| Commencing in calendar year 2011, each county treasurer shall | 44217 |
| deposit on or before the fifteenth day of February of each | 44218 |
| calendar year two per cent of the funds deposited pursuant to | 44219 |
| section 307.515 of the Revised Code into the county law | 44220 |
| library resources fund of the treasurer's county, established | 44221 |
| under section 307.514 of the Revised Code, from the | 44222 |
| immediately preceding calendar year into the statewide | 44223 |
| consortium of county law library resources boards fund. The | 44224 |
| statewide consortium board may recommend in writing and submit | 44225 |
| to each county law library resources board an increase or | 44226 |
| decrease in the percentage of funds that must be deposited | 44227 |
| into the statewide consortium fund by county treasurers | 44228 |
| pursuant to the division. Upon the receipt of written approval | 44229 |
| of the recommendation from a majority of the county law library | 44230 |
| resources boards, the recommendation shall become effective on | 44231 |
| January 1 of the succeeding year. The statewide consortium | 44232 |
| board of the county law library resources boards shall make any | 44233 |
| recommendations not later than the first day of April for the | 44234 |
| proceeding fiscal year, and any action by a county law library | 44235 |
| resources board on the recommendation shall be certified to the | 44236 |
| statewide consortium board not later than the first day of | 44237 |
| June of that year. | 44238 |
| (2) The statewide consortium board may use the money | 44239 |
| deposited in the fund for the operation of the statewide | 44240 |
| consortium board and may provide grants to county law library | 44241 |
| resources boards. | 44242 |
| (F) The statewide consortium board may create an advisory | 44243 |
| council that is comprised of persons with expertise in the | 44244 |
| operation and funding of law libraries. | 44245 |
| (G) The statewide consortium board shall determine the | 44246 |
| necessary qualifications of staff and the facilities and | 44247 |
| equipment necessary for the operation of the statewide | 44248 |
| consortium. | 44249 |
| (H) The statewide consortium board shall elect a chairperson | 44250 |
| from its membership. The statewide consortium board shall meet at | 44251 |
| least four times per year and shall keep a record of its | 44252 |
| proceedings. The record of its proceedings shall be open to the | 44253 |
| public for inspection. The chairperson or the chairperson's | 44254 |
| designee shall send a written notice of the time and place of | 44255 |
| each meeting to each member. A majority of the members of the | 44256 |
| statewide consortium board shall constitute a quorum. | 44257 |
| Sec. 3375.79. There is hereby created in the state treasury | 44258 |
| the Bill and Melinda Gates foundation grant fund consisting of | 44259 |
| Bill and Melinda Gates foundation grants awarded to the state | 44260 |
| library of Ohio. The state library board shall use the fund for | 44261 |
| the improvement of public library services, interlibrary | 44262 |
| cooperation, or other library purposes. All investment earnings of | 44263 |
| the fund shall be credited to the fund. | 44264 |
| Sec. 3501.17. (A) The expenses of the board of elections | 44265 |
| shall be paid from the county treasury, in pursuance of | 44266 |
| appropriations by the board of county commissioners, in the same | 44267 |
| manner as other county expenses are paid. If the board of county | 44268 |
| commissioners fails to appropriate an amount sufficient to provide | 44269 |
| for the necessary and proper expenses of the board of elections | 44270 |
| pertaining to the conduct of elections, the board of elections | 44271 |
| may apply to the court of common pleas within the county, which | 44272 |
| shall fix the amount necessary to be appropriated and the amount | 44273 |
| shall be appropriated. Payments shall be made upon vouchers of the | 44274 |
| board of elections certified to by its chairperson or acting | 44275 |
| chairperson and the director or deputy director, upon warrants of | 44276 |
| the county auditor. | 44277 |
| The board of elections shall not incur any obligation | 44278 |
| involving the expenditure of money unless there are moneys | 44279 |
| sufficient in the funds appropriated therefor to meet the | 44280 |
| obligation. If the board of elections requests a transfer of funds | 44281 |
| from one of its appropriation items to another, the board of | 44282 |
| county commissioners shall adopt a resolution providing for the | 44283 |
| transfer except as otherwise provided in section 5705.40 of the | 44284 |
| Revised Code. The expenses of the board of elections shall be | 44285 |
| apportioned among the county and the various subdivisions as | 44286 |
| provided in this section, and the amount chargeable to each | 44287 |
| subdivision shall be withheld by the auditor from the moneys | 44288 |
| payable thereto at the time of the next tax settlement. At the | 44289 |
| time of submitting budget estimates in each year, the board of | 44290 |
| elections shall submit to the taxing authority of each | 44291 |
| subdivision, upon the request of the subdivision, an estimate of | 44292 |
| the amount to be withheld from the subdivision during the next | 44293 |
| fiscal year. | 44294 |
| (B) Except as otherwise provided in division (F) of this | 44295 |
| section, the compensation of the members of the board of | 44296 |
| elections and of the director, deputy director, and regular | 44297 |
| employees in the board's offices, other than compensation for | 44298 |
| overtime worked; the expenditures for the rental, furnishing, and | 44299 |
| equipping of the office of the board and for the necessary office | 44300 |
| supplies for the use of the board; the expenditures for the | 44301 |
| acquisition, repair, care, and custody of the polling places, | 44302 |
| booths, guardrails, and other equipment for polling places; the | 44303 |
| cost of tally sheets, maps, flags, ballot boxes, and all other | 44304 |
| permanent records and equipment; the cost of all elections held | 44305 |
| in and for the state and county; and all other expenses of the | 44306 |
| board which are not chargeable to a political subdivision in | 44307 |
| accordance with this section shall be paid in the same manner as | 44308 |
| other county expenses are paid. | 44309 |
| (C) The compensation of judges of elections and intermittent | 44310 |
| employees in the board's offices; the cost of renting, moving, | 44311 |
| heating, and lighting polling places and of placing and removing | 44312 |
| ballot boxes and other fixtures and equipment thereof, including | 44313 |
| voting machines, marking devices, and automatic tabulating | 44314 |
| equipment; the cost of printing and delivering ballots, cards of | 44315 |
| instructions, registration lists required under section 3503.23 | 44316 |
| of the Revised Code, and other election supplies, including the | 44317 |
| supplies required to comply with division (H) of section 3506.01 | 44318 |
| of the Revised Code; the cost of contractors engaged by the board | 44319 |
| to prepare, program, test, and operate voting machines, marking | 44320 |
| devices, and automatic tabulating equipment; and all other | 44321 |
| expenses of conducting primaries and elections in the odd-numbered | 44322 |
| years shall be charged to the subdivisions in and for which such | 44323 |
| primaries or elections are held. The charge for each primary or | 44324 |
| general election in odd-numbered years for each subdivision shall | 44325 |
| be determined in the following manner: first, the total cost of | 44326 |
| all chargeable items used in conducting such elections shall be | 44327 |
| ascertained; second, the total charge shall be divided by the | 44328 |
| number of precincts participating in such election, in order to | 44329 |
| fix the cost per precinct; third, the cost per precinct shall be | 44330 |
| prorated by the board of elections to the subdivisions conducting | 44331 |
| elections for the nomination or election of offices in such | 44332 |
| precinct; fourth, the total cost for each subdivision shall be | 44333 |
| determined by adding the charges prorated to it in each precinct | 44334 |
| within the subdivision. | 44335 |
| (D) The entire cost of special elections held on a day other | 44336 |
| than the day of a primary or general election, both in | 44337 |
| odd-numbered or in even-numbered years, shall be charged to the | 44338 |
| subdivision. Where a special election is held on the same day as a | 44339 |
| primary or general election in an even-numbered year, the | 44340 |
| subdivision submitting the special election shall be charged only | 44341 |
| for the cost of ballots and advertising. Where a special election | 44342 |
| is held on the same day as a primary or general election in an | 44343 |
| odd-numbered year, the subdivision submitting the special election | 44344 |
| shall be charged for the cost of ballots and advertising for such | 44345 |
| special election, in addition to the charges prorated to such | 44346 |
| subdivision for the election or nomination of candidates in each | 44347 |
| precinct within the subdivision, as set forth in the preceding | 44348 |
| paragraph. | 44349 |
| (E) Where a special election is held on the day specified by | 44350 |
| division (E) of section 3501.01 of the Revised Code for the | 44351 |
| holding of a primary election, for the purpose of submitting to | 44352 |
| the voters of the state constitutional amendments proposed by the | 44353 |
| general assembly, and a subdivision conducts a special election on | 44354 |
| the same day, the entire cost of the special election shall be | 44355 |
| divided proportionally between the state and the subdivision based | 44356 |
| upon a ratio determined by the number of issues placed on the | 44357 |
| ballot by each, except as otherwise provided in division (G) of | 44358 |
| this section. Such proportional division of cost shall be made | 44359 |
| only to the extent funds are available for such purpose from | 44360 |
| amounts appropriated by the general assembly to the secretary of | 44361 |
| state. If a primary election is also being conducted in the | 44362 |
| subdivision, the costs shall be apportioned as otherwise provided | 44363 |
| in this section. | 44364 |
| (F) When a precinct is open during a general, primary, or | 44365 |
| special election solely for the purpose of submitting to the | 44366 |
| voters a statewide ballot issue, the state shall bear the entire | 44367 |
| cost of the election in that precinct and shall reimburse the | 44368 |
| county for all expenses incurred in opening the precinct. | 44369 |
| (G)(1) The state shall bear the entire cost of advertising in | 44370 |
| newspapers statewide ballot issues, explanations of those issues, | 44371 |
| and arguments for or against those issues, as required by Section | 44372 |
| 1g of Article II and Section 1 of Article XVI, Ohio Constitution, | 44373 |
| and any other section of law. Appropriations made to the | 44374 |
| controlling board shall be used to reimburse the secretary of | 44375 |
| state for all expenses the secretary of state incurs for such | 44376 |
| advertising under division (G) of section 3505.062 of the | 44377 |
| Revised Code. | 44378 |
| (2) There is hereby created in the state treasury the | 44379 |
| statewide ballot advertising fund. The fund shall receive | 44380 |
| transfers approved by the controlling board, and shall be used by | 44381 |
| the secretary of state to pay the costs of advertising state | 44382 |
| ballot issues as required under division (G)(1) of this section. | 44383 |
| Any such transfers may be requested from and approved by the | 44384 |
| controlling board prior to placing the advertising, in order to | 44385 |
| facilitate timely provision of the required advertising. | 44386 |
| (H) The cost of renting, heating, and lighting registration | 44387 |
| places; the cost of the necessary books, forms, and supplies for | 44388 |
| the conduct of registration; and the cost of printing and posting | 44389 |
| precinct registration lists shall be charged to the subdivision in | 44390 |
| which such registration is held. | 44391 |
| (I) At the request of a majority of the members of the board | 44392 |
| of elections, the board of county commissioners may, by | 44393 |
| resolution, establish an elections revenue fund. Except as | 44394 |
| otherwise provided in this division, the purpose of the fund shall | 44395 |
| be to accumulate revenue withheld by or paid to the county under | 44396 |
| this section for the payment of any expense related to the duties | 44397 |
| of the board of elections specified in section 3501.11 of the | 44398 |
| Revised Code, upon approval of a majority of the members of the | 44399 |
| board of elections. The fund shall not accumulate any revenue | 44400 |
| withheld by or paid to the county under this section for the | 44401 |
| compensation of the members of the board of elections or of the | 44402 |
| director, deputy director, or other regular employees in the | 44403 |
| board's offices, other than compensation for overtime worked. | 44404 |
| Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the | 44405 |
| Revised Code, the board of county commissioners may, by | 44406 |
| resolution, transfer money to the elections revenue fund from any | 44407 |
| other fund of the political subdivision from which such payments | 44408 |
| lawfully may be made. Following an affirmative vote of a majority | 44409 |
| of the members of the board of elections, the board of county | 44410 |
| commissioners may, by resolution, rescind an elections revenue | 44411 |
| fund established under this division. If an elections revenue fund | 44412 |
| is rescinded, money that has accumulated in the fund shall be | 44413 |
| transferred to the county general fund. | 44414 |
| (J) As used in this section: | 44415 |
| (1) "Political subdivision" and "subdivision" mean any board | 44416 |
| of county commissioners, board of township trustees, legislative | 44417 |
| authority of a municipal corporation, board of education, or any | 44418 |
| other board, commission, district, or authority that is empowered | 44419 |
| to levy taxes or permitted to receive the proceeds of a tax levy, | 44420 |
| regardless of whether the entity receives tax settlement moneys as | 44421 |
| described in division (A) of this section; | 44422 |
| (2) "Statewide ballot issue" means any ballot issue, whether | 44423 |
| proposed by the general assembly or by initiative or referendum, | 44424 |
| that is submitted to the voters throughout the state. | 44425 |
| Sec. 3503.15. (A) The secretary of state shall establish | 44426 |
| and maintain a statewide voter registration database that shall be | 44427 |
| continuously available to each board of elections and to other | 44428 |
| agencies as authorized by law. | 44429 |
| (B) The statewide voter registration database established | 44430 |
| under this section shall be the official list of registered voters | 44431 |
| for all elections conducted in this state. | 44432 |
| (C) The statewide voter registration database established | 44433 |
| under this section shall, at a minimum, include all of the | 44434 |
| following: | 44435 |
| (1) An electronic network that connects all board of | 44436 |
| elections offices with the office of the secretary of state and | 44437 |
| with the offices of all other boards of elections; | 44438 |
| (2) A computer program that harmonizes the records contained | 44439 |
| in the database with records maintained by each board of | 44440 |
| elections; | 44441 |
| (3) An interactive computer program that allows access to the | 44442 |
| records contained in the database by each board of elections and | 44443 |
| by any persons authorized by the secretary of state to add, | 44444 |
| delete, modify, or print database records, and to conduct updates | 44445 |
| of the database; | 44446 |
| (4) A search program capable of verifying registered voters | 44447 |
| and their registration information by name, driver's license | 44448 |
| number, birth date, social security number, or current address; | 44449 |
| (5) Safeguards and components to ensure that the integrity, | 44450 |
| security, and confidentiality of the voter registration | 44451 |
| information is maintained. | 44452 |
| (D) The secretary of state shall adopt rules pursuant to | 44453 |
| Chapter 119. of the Revised Code doing all of the following: | 44454 |
| (1) Specifying the manner in which existing voter | 44455 |
| registration records maintained by boards of elections shall be | 44456 |
| converted to electronic files for inclusion in the statewide voter | 44457 |
| registration database; | 44458 |
| (2) Establishing a uniform method for entering voter | 44459 |
| registration records into the statewide voter registration | 44460 |
| database on an expedited basis, but not less than once per day, if | 44461 |
| new registration information is received; | 44462 |
| (3) Establishing a uniform method for purging canceled voter | 44463 |
| registration records from the statewide voter registration | 44464 |
| database in accordance with section 3503.21 of the Revised Code; | 44465 |
| (4) Specifying the persons authorized to add, delete, modify, | 44466 |
| or print records contained in the statewide voter registration | 44467 |
| database and to make updates of that database; | 44468 |
| (5) Establishing a process for annually auditing the | 44469 |
| information contained in the statewide voter registration | 44470 |
| database. | 44471 |
| (E) A board of elections promptly shall purge a voter's name | 44472 |
| and voter registration information from the statewide voter | 44473 |
| registration database in accordance with the rules adopted by the | 44474 |
| secretary of state under division (D)(3) of this section after the | 44475 |
| cancellation of a voter's registration under section 3503.21 of | 44476 |
| the Revised Code. | 44477 |
| (F) The secretary of state shall provide training in the | 44478 |
| operation of the statewide voter registration database to each | 44479 |
| board of elections and to any persons authorized by the secretary | 44480 |
| of state to add, delete, modify, or print database records, and to | 44481 |
| conduct updates of the database. | 44482 |
| (G)(1) The statewide voter registration database established | 44483 |
| under this section shall be made available on a web site of the | 44484 |
| office of the secretary of state as follows: | 44485 |
| (a) Except as otherwise provided in division (G)(1)(b) of | 44486 |
| this section, only the following information from the statewide | 44487 |
| voter registration database regarding a registered voter shall be | 44488 |
| made available on the web site: | 44489 |
| (i) The voter's name; | 44490 |
| (ii) The voter's address; | 44491 |
| (iii) The voter's precinct number; | 44492 |
| (iv) The voter's voting history. | 44493 |
| (b) During the thirty days before the day of a primary or | 44494 |
| general election, the web site interface of the statewide voter | 44495 |
| registration database shall permit a voter to search for the | 44496 |
| polling location at which that voter may cast a ballot. | 44497 |
| (2) The secretary of state shall establish, by rule adopted | 44498 |
| under Chapter 119. of the Revised Code, a process for boards of | 44499 |
| elections to notify the secretary of state of changes in the | 44500 |
| locations of precinct polling places for the purpose of updating | 44501 |
| the information made available on the secretary of state's web | 44502 |
| site under division (G)(1)(b) of this section. Those rules shall | 44503 |
| require a board of elections, during the thirty days before the | 44504 |
| day of a primary or general election, to notify the secretary of | 44505 |
| state within one business day of any change to the location of a | 44506 |
| precinct polling place within the county. | 44507 |
| (3) During the thirty days before the day of a primary or | 44508 |
| general election, not later than one business day after receiving | 44509 |
| a notification from a county pursuant to division (G)(2) of this | 44510 |
| section that the location of a precinct polling place has changed, | 44511 |
| the secretary of state shall update that information on the | 44512 |
| secretary of state's web site for the purpose of division | 44513 |
| (G)(1)(b) of this section. | 44514 |
| (H)(1) As used in division (H) of this section, "mismatch" | 44515 |
| means any of the following data fields that are not identical to | 44516 |
| one another with respect to a particular individual when | 44517 |
| information in the statewide voter registration database is | 44518 |
| compared to motor vehicle records: | 44519 |
| (a) Driver's license number; | 44520 |
| (b) Social security number; | 44521 |
| (c) Date of birth. | 44522 |
| (2) On or before the effective date of this amendment, the | 44523 |
| secretary of state and the registrar of motor vehicles shall | 44524 |
| enter into an agreement to match information in the statewide | 44525 |
| voter registration database with motor vehicle records for the | 44526 |
| purpose of verifying the accuracy of the information in the | 44527 |
| statewide voter registration database and the information | 44528 |
| provided on voter registration applications, as required under 42 | 44529 |
| U.S.C. 15483. | 44530 |
| (3) Not later than December 31, 2009, and not later than the | 44531 |
| first day of July of each year thereafter, the secretary of state | 44532 |
| shall identify any mismatches between voter registration | 44533 |
| information and motor vehicle records that the secretary of state | 44534 |
| receives under division (H)(2) of this section regarding persons | 44535 |
| registered to vote in each county, and shall notify the applicable | 44536 |
| board of elections of any mismatches not later than fifteen days | 44537 |
| after they are identified. | 44538 |
| (4) Upon notification of mismatches by the secretary of | 44539 |
| state under division (H)(3) of this section, the board of | 44540 |
| elections shall notify each affected voter of the mismatch | 44541 |
| regarding the voter's information. The board shall provide the | 44542 |
| voter with the opportunity to verify and correct the mismatched | 44543 |
| information. Each board of elections, by majority vote, shall | 44544 |
| establish procedures to notify affected voters of mismatches and | 44545 |
| to provide those voters with the opportunity to verify and | 44546 |
| correct the mismatched information. The procedures shall conform | 44547 |
| to the voluntary guidelines for implementing statewide voter | 44548 |
| registration lists adopted by the United States election | 44549 |
| assistance commission. | 44550 |
| (5) Notwithstanding any provision of the Revised Code to the | 44551 |
| contrary, a mismatch shall not be the sole reason for the removal | 44552 |
| of a voter from the statewide voter registration database or for | 44553 |
| rendering the voter ineligible to vote. | 44554 |
| Sec. 3503.18. | 44555 |
| 44556 | |
| 44557 | |
| 44558 | |
| 44559 | |
| 44560 | |
|
each month | 44561 |
| the board of elections the names and residence addresses of all | 44562 |
| persons over eighteen years of age who have been adjudicated | 44563 |
| incompetent for the purpose of voting, as provided in section | 44564 |
| 5122.301 of the Revised Code. At least once each month the clerk | 44565 |
| of the court of common pleas shall file with the board the names | 44566 |
| and residence addresses of all persons who have been convicted | 44567 |
| during the previous month of crimes that would disfranchise such | 44568 |
| persons under existing laws of the state. Reports of conviction of | 44569 |
| crimes under the laws of the United States that would disfranchise | 44570 |
| an elector and that are provided to the secretary of state by any | 44571 |
| United States attorney shall be forwarded by the secretary of | 44572 |
| state to the appropriate board of elections. | 44573 |
| Upon receiving | 44574 |
| section or section 3705.031 of the Revised Code, the board of | 44575 |
|
elections
shall promptly cancel the registration of | 44576 |
| elector named in the report. If the report contains a residence | 44577 |
| address of an elector in a county other than the county in which | 44578 |
| the board of elections is located, the director shall promptly | 44579 |
| send a copy of the report to the appropriate board of elections, | 44580 |
| which shall cancel the registration. | 44581 |
| Sec. 3503.21. (A) The registration of a registered elector | 44582 |
| shall be canceled upon the occurrence of any of the following: | 44583 |
| (1) The filing by a registered elector of a written request | 44584 |
| with a board of elections, on a form prescribed by the secretary | 44585 |
| of state and signed by the elector, that the registration be | 44586 |
| canceled. The filing of such a request does not prohibit an | 44587 |
| otherwise qualified elector from reregistering to vote at any | 44588 |
| time. | 44589 |
| (2) | 44590 |
| 44591 |
| | 44592 |
| under the laws of this state, any other state, or the United | 44593 |
| States as provided in section 2961.01 of the Revised Code; | 44594 |
| | 44595 |
| elector for the purpose of voting as provided in section 5122.301 | 44596 |
| of the Revised Code; | 44597 |
| (4) The receipt by a board of elections of a report required | 44598 |
| by section 3705.031 of the Revised Code that contains the name of | 44599 |
| the registered elector; | 44600 |
| (5) The change of residence of the registered elector to a | 44601 |
| location outside the county of registration in accordance with | 44602 |
| division (B) of this section; | 44603 |
| (6) The failure of the registered elector, after having been | 44604 |
| mailed a confirmation notice, to do either of the following: | 44605 |
| (a) Respond to such a notice and vote at least once during a | 44606 |
| period of four consecutive years, which period shall include two | 44607 |
| general federal elections; | 44608 |
| (b) Update the elector's registration and vote at least once | 44609 |
| during a period of four consecutive years, which period shall | 44610 |
| include two general federal elections. | 44611 |
| (B)(1) The secretary of state shall prescribe procedures to | 44612 |
| identify and cancel the registration in a prior county of | 44613 |
| residence of any registrant who changes the registrant's voting | 44614 |
| residence to a location outside the registrant's current county of | 44615 |
| registration. Any procedures prescribed in this division shall be | 44616 |
| uniform and nondiscriminatory, and shall comply with the Voting | 44617 |
| Rights Act of 1965. The secretary of state may prescribe | 44618 |
| procedures under this division that include the use of the | 44619 |
| national change of address service provided by the United States | 44620 |
| postal system through its licensees. Any program so prescribed | 44621 |
| shall be completed not later than ninety days prior to the date of | 44622 |
| any primary or general election for federal office. | 44623 |
| (2) The registration of any elector identified as having | 44624 |
| changed the elector's voting residence to a location outside the | 44625 |
| elector's current county of registration shall not be canceled | 44626 |
| unless the registrant is sent a confirmation notice on a form | 44627 |
| prescribed by the secretary of state and the registrant fails to | 44628 |
| respond to the confirmation notice or otherwise update the | 44629 |
| registration and fails to vote in any election during the period | 44630 |
| of two federal elections subsequent to the mailing of the | 44631 |
| confirmation notice. | 44632 |
| (C) The registration of a registered elector shall not be | 44633 |
| canceled except as provided in this section, division (Q) of | 44634 |
| section 3501.05 of the Revised Code, division (C)(2) of section | 44635 |
| 3503.19 of the Revised Code, or division (C) of section 3503.24 of | 44636 |
| the Revised Code. | 44637 |
| (D) Boards of elections shall send their voter registration | 44638 |
| information to the secretary of state as required under section | 44639 |
| 3503.15 of the Revised Code. In the first quarter of each | 44640 |
| odd-numbered year, the secretary of state shall send the | 44641 |
| information to the national change of address service described in | 44642 |
| division (B) of this section and request that service to provide | 44643 |
| the secretary of state with a list of any voters sent by the | 44644 |
| secretary of state who have moved within the last thirty-six | 44645 |
| months. The secretary of state shall transmit to each appropriate | 44646 |
| board of elections whatever lists the secretary of state receives | 44647 |
| from that service. The board shall send a notice to each person on | 44648 |
| the list transmitted by the secretary of state requesting | 44649 |
| confirmation of the person's change of address, together with a | 44650 |
| postage prepaid, preaddressed return envelope containing a form on | 44651 |
| which the voter may verify or correct the change of address | 44652 |
| information. | 44653 |
| (E) The registration of a registered elector described in | 44654 |
| division (A)(6) or (B)(2) of this section shall be canceled not | 44655 |
| later than one hundred twenty days after the date of the second | 44656 |
| general federal election in which the elector fails to vote or not | 44657 |
| later than one hundred twenty days after the expiration of the | 44658 |
| four-year period in which the elector fails to vote or respond to | 44659 |
| a confirmation notice, whichever is later. | 44660 |
| Sec. 3701.021. (A) The public health council shall adopt, in | 44661 |
| accordance with Chapter 119. of the Revised Code, such rules as | 44662 |
| are necessary to carry out sections 3701.021 to 3701.0210 of the | 44663 |
| Revised Code, including, but not limited to, rules to establish | 44664 |
| the following: | 44665 |
| (1) Medical and financial eligibility requirements for the | 44666 |
| program for medically handicapped children; | 44667 |
| (2) Eligibility requirements for providers of services for | 44668 |
| medically handicapped children; | 44669 |
| (3) Procedures to be followed by the department of health in | 44670 |
| disqualifying providers for violating requirements adopted under | 44671 |
| division (A)(2) of this section; | 44672 |
| (4) Procedures to be used by the department regarding | 44673 |
| application for diagnostic services under division (B) of section | 44674 |
| 3701.023 of the Revised Code and payment for those services under | 44675 |
| division (E) of that section; | 44676 |
| (5) Standards for the provision of service coordination by | 44677 |
| the department of health and city and general health districts; | 44678 |
| (6) Procedures for the department to use to determine the | 44679 |
| amount to be paid annually by each county for services for | 44680 |
| medically handicapped children and to allow counties to retain | 44681 |
| funds under divisions (A)(2) and (3) of section 3701.024 of the | 44682 |
| Revised Code; | 44683 |
| (7) Financial eligibility requirements for services for Ohio | 44684 |
| residents twenty-one years of age or older who have cystic | 44685 |
| fibrosis; | 44686 |
| (8) Criteria for payment of approved providers who provide | 44687 |
| services for medically handicapped children; | 44688 |
| (9) Criteria for the department to use in determining whether | 44689 |
| the payment of health insurance premiums of participants in the | 44690 |
| program for medically handicapped children is cost-effective; | 44691 |
| (10) Procedures for appeal of denials of applications under | 44692 |
| divisions (A) and (D) of section 3701.023 of the Revised Code, | 44693 |
| disqualification of providers, and amounts paid for services; | 44694 |
| (11) Terms of appointment for members of the medically | 44695 |
| handicapped children's medical advisory council created in section | 44696 |
| 3701.025 of the Revised Code; | 44697 |
| (12) Eligibility requirements for the hemophilia program, | 44698 |
| including income and hardship requirements. | 44699 |
| (B) The department of health shall develop a manual of | 44700 |
| operational procedures and guidelines for the program for | 44701 |
| medically handicapped children to implement sections 3701.021 to | 44702 |
| 3701.0210 of the Revised Code. | 44703 |
| (C) The director of health may adopt rules to establish a | 44704 |
| drug rebate program for medically handicapped children that is | 44705 |
| substantially similar to the medicaid supplemental drug rebate | 44706 |
| program established under section 5111.081 of the Revised Code. | 44707 |
| If the director establishes a drug rebate program for | 44708 |
| medically handicapped children, the director shall consult with | 44709 |
| drug manufacturers regarding the implementation of the program. | 44710 |
| A drug manufacturer participating in the program shall provide | 44711 |
| drug rebates to the program for medically handicapped children in | 44712 |
| accordance with rules adopted under this section. | 44713 |
| The director may cooperate with the director of job and | 44714 |
| family services to obtain rebates for all drugs that are covered | 44715 |
| by the program established under this section and the medicaid | 44716 |
| supplemental drug rebate program established under section | 44717 |
| 5111.081 of the Revised Code. | 44718 |
| Sec. 3701.0212. The drug rebate for medically handicapped | 44719 |
| children fund is hereby created in the state treasury. All rebates | 44720 |
| received for purposes of any drug rebate program established under | 44721 |
| section 3701.021 of the Revised Code, including any funds | 44722 |
| collected for the program by the department of job and family | 44723 |
| services under section 5111.081 of the Revised Code, shall be | 44724 |
| credited to the fund. The department of health shall use money | 44725 |
| credited to the fund for the administration of the program for | 44726 |
| medically handicapped children. | 44727 |
| Sec. 3701.045. (A) The department of health, in consultation | 44728 |
| with the children's trust fund board established under section | 44729 |
| 3109.15 of the Revised Code and any bodies acting as child | 44730 |
|
fatality review
boards on | 44731 |
| October 5, 2000, shall adopt rules in accordance with Chapter 119. | 44732 |
| of the Revised Code that establish a procedure for child fatality | 44733 |
| review boards to follow in conducting a review of the death of a | 44734 |
| child. The rules shall do all of the following: | 44735 |
| (1) Establish the format for the annual reports required by | 44736 |
| section 307.626 of the Revised Code; | 44737 |
| (2) Establish guidelines for a child fatality review board to | 44738 |
| follow in compiling statistics for annual reports so that the | 44739 |
| reports do not contain any information that would permit any | 44740 |
| person's identity to be ascertained from a report; | 44741 |
| (3) Establish guidelines for a child fatality review board to | 44742 |
| follow in creating and maintaining the comprehensive database of | 44743 |
| child deaths required by section 307.623 of the Revised Code, | 44744 |
| including provisions establishing uniform record-keeping | 44745 |
| procedures; | 44746 |
| (4) Establish guidelines for reporting child fatality review | 44747 |
| data to the department of health or a national child death review | 44748 |
| database, either of which must maintain the confidentiality of | 44749 |
| information that would permit a person's identity to be | 44750 |
| ascertained; | 44751 |
| (5) Establish guidelines, materials, and training to help | 44752 |
| educate members of child fatality review boards about the purpose | 44753 |
| of the review process and the confidentiality of the information | 44754 |
| described in section 307.629 of the Revised Code and to make them | 44755 |
| aware that such information is not a public record under section | 44756 |
| 149.43 of the Revised Code. | 44757 |
| (B) On or before the thirtieth day of September of each year, | 44758 |
| the department of health and the children's trust fund board | 44759 |
| jointly shall prepare and publish a report organizing and setting | 44760 |
| forth the data from the department of health child death review | 44761 |
| database or the national child death review database, data in all | 44762 |
| the reports provided by child fatality review boards in their | 44763 |
|
annual reports for the
previous calendar
year, and | 44764 |
| recommendations for any changes to law and policy that might | 44765 |
| prevent future deaths. The department and the children's trust | 44766 |
| fund board jointly shall provide a copy of the report to the | 44767 |
| governor, the speaker of the house of representatives, the | 44768 |
| president of the senate, the minority leaders of the house of | 44769 |
| representatives and the senate, each county or regional child | 44770 |
| fatality review board, and each county or regional family and | 44771 |
| children first council. | 44772 |
| Sec. 3701.07. (A) The public health council shall adopt | 44773 |
| rules in accordance with Chapter 119. of the Revised Code defining | 44774 |
| and classifying hospitals and dispensaries and providing for the | 44775 |
| reporting of information by hospitals and dispensaries. Except as | 44776 |
| otherwise provided in the Revised Code, the rules providing for | 44777 |
| the reporting of information shall not require inclusion of any | 44778 |
| confidential patient data or any information concerning the | 44779 |
| financial condition, income, expenses, or net worth of the | 44780 |
| facilities other than that financial information already contained | 44781 |
| in those portions of the medicare or medicaid cost report that is | 44782 |
| necessary for the department of health to certify the per diem | 44783 |
| cost under section 3701.62 of the Revised Code. The rules may | 44784 |
| require the reporting of information in the following categories: | 44785 |
| (1) Information needed to identify and classify the | 44786 |
| institution; | 44787 |
| (2) Information on facilities and type and volume of services | 44788 |
| provided by the institution; | 44789 |
| (3) The number of beds listed by category of care provided; | 44790 |
| (4) The number of licensed or certified professional | 44791 |
| employees by classification; | 44792 |
| (5) The number of births that occurred at the institution the | 44793 |
| previous calendar year; | 44794 |
| (6) Any other information that the council considers relevant | 44795 |
| to the safety of patients served by the institution. | 44796 |
| Every hospital and dispensary, public or private, annually | 44797 |
| shall register with and report to the department of health. | 44798 |
| Reports shall be submitted in the manner prescribed in rules | 44799 |
| adopted under this division. | 44800 |
| (B) Every governmental entity or private nonprofit | 44801 |
| corporation or association whose employees or representatives are | 44802 |
| defined as residents' rights advocates under divisions (E)(1) and | 44803 |
| (2) of section 3721.10 or division (A)(10) of section 3722.01 of | 44804 |
| the Revised Code shall register with the department of health on | 44805 |
| forms furnished by the director of health and shall provide such | 44806 |
| reasonable identifying information as the director may prescribe. | 44807 |
| The department shall compile a list of the governmental | 44808 |
| entities, corporations, or associations registering under this | 44809 |
| division and shall update the list annually. Copies of the list | 44810 |
| shall be made available to nursing home administrators as defined | 44811 |
| in division (C) of section 3721.10 of the Revised Code and to | 44812 |
| adult care facility managers as defined in section 3722.01 of the | 44813 |
| Revised Code. | 44814 |
| | 44815 |
| 44816 | |
| 44817 | |
| 44818 | |
| 44819 | |
| 44820 | |
| 44821 |
| | 44822 |
| 44823 | |
| 44824 | |
| 44825 | |
| 44826 | |
| 44827 |
| Sec. 3701.242. (A) An HIV test | 44828 |
| 44829 | |
| 44830 | |
| 44831 | |
| 44832 | |
| 44833 | |
| 44834 |
| | 44835 |
| 44836 | |
| 44837 |
| | 44838 |
| 44839 | |
| 44840 | |
| 44841 | |
| 44842 | |
| 44843 | |
| 44844 |
| | 44845 |
| 44846 |
| | 44847 |
| 44848 | |
| 44849 | |
| 44850 | |
| 44851 | |
| 44852 | |
| 44853 | |
| 44854 | |
| 44855 | |
| 44856 | |
| 44857 | |
| the exercise of the provider's professional judgment, determines | 44858 |
| the test to be necessary for providing diagnosis and treatment to | 44859 |
| the individual to be tested, if the individual or the | 44860 |
| individual's parent or guardian has given consent to the provider | 44861 |
| for medical or other health care treatment. The health care | 44862 |
| provider shall inform the individual of the individual's right | 44863 |
| under division (D) of this section to an anonymous test. | 44864 |
| (B) A minor may consent to be given an HIV test. The consent | 44865 |
| is not subject to disaffirmance because of minority. The parents | 44866 |
| or guardian of a minor giving consent under this division are not | 44867 |
| liable for payment and shall not be charged for an HIV test given | 44868 |
| to the minor without the consent of a parent or the guardian. | 44869 |
| (C) The | 44870 |
|
ordering an HIV
test
shall provide post-test counseling for | 44871 |
| an individual who
| 44872 |
| 44873 | |
| 44874 | |
| 44875 | |
| 44876 | |
| 44877 | |
| 44878 | |
| 44879 | |
| 44880 | |
| 44881 | |
| 44882 | |
| 44883 | |
| rules, pursuant to recommendations from the director of health | 44884 |
| and in accordance with Chapter 119. of the Revised Code, | 44885 |
| specifying the information to be provided in post-test | 44886 |
| counseling. | 44887 |
| (D) | 44888 |
|
right | 44889 |
| facility or health care provider that does not provide anonymous | 44890 |
| testing shall refer an individual requesting an anonymous test to | 44891 |
| a site where it is available. | 44892 |
| (E) Divisions | 44893 |
| the performance of an HIV test in any of the following | 44894 |
| circumstances: | 44895 |
| (1) When the test is performed in a medical emergency by a | 44896 |
| nurse or physician and the test results are medically necessary to | 44897 |
| avoid or minimize an immediate danger to the health or safety of | 44898 |
| the individual to be tested or another individual, except that | 44899 |
| post-test
counseling shall be given to the individual | 44900 |
| 44901 | |
| HIV-positive test result; | 44902 |
| (2) When the test is performed for the purpose of research if | 44903 |
| the researcher does not know and cannot determine the identity of | 44904 |
| the individual tested; | 44905 |
| (3) When the test is performed by a person who procures, | 44906 |
| processes, distributes, or uses a human body part from a deceased | 44907 |
| person donated for a purpose specified in Chapter 2108. of the | 44908 |
| Revised Code, if the test is medically necessary to ensure that | 44909 |
| the body part is acceptable for its intended purpose; | 44910 |
| (4) When the test is performed on a person incarcerated in a | 44911 |
| correctional institution under the control of the department of | 44912 |
| rehabilitation and correction if the head of the institution has | 44913 |
| determined, based on good cause, that a test is necessary; | 44914 |
| (5) When the test is performed | 44915 |
| 44916 | |
| 44917 | |
| 44918 | |
| parent or guardian has given consent to the physician for medical | 44919 |
| treatmentin accordance with section 2907.27 of the Revised Code; | 44920 |
| (6) When the test is performed on an individual after the | 44921 |
| infection control committee of a health care facility, or other | 44922 |
| body of a health care facility performing a similar function | 44923 |
| determines that a health care provider, emergency medical services | 44924 |
| worker, or peace officer, while rendering health or emergency care | 44925 |
| to an individual, has sustained a significant exposure to the body | 44926 |
| fluids of that individual, and the individual has refused to give | 44927 |
| consent for testing. | 44928 |
| | 44929 |
| 44930 | |
| 44931 | |
| 44932 |
| | 44933 |
| 44934 | |
| 44935 | |
| 44936 |
| Sec. 3701.247. (A)(1) Any of the following persons may bring | 44937 |
| an action in a probate court for an order compelling another | 44938 |
| person to undergo HIV testing: | 44939 |
| (a) A person who believes | 44940 |
| to HIV infection while rendering health or emergency care to the | 44941 |
| other person; | 44942 |
| (b) A peace officer who believes | 44943 |
| have been exposed to HIV infection while dealing with the other | 44944 |
|
person in the
performance of | 44945 |
| (2) The complaint in the action shall be accompanied by an | 44946 |
| affidavit in which the plaintiff attests to all of the following: | 44947 |
| (a) While rendering health or emergency care to the | 44948 |
| defendant, or while dealing with the defendant in the performance | 44949 |
|
of | 44950 |
| significant exposure to body fluids of the defendant that are | 44951 |
| known to transmit HIV; | 44952 |
| (b) The plaintiff has reason to believe the defendant may | 44953 |
| have an HIV infection; | 44954 |
| (c) The plaintiff made a reasonable attempt to have the | 44955 |
| defendant submit to HIV testing in accordance with section | 44956 |
|
3701.242 of the Revised Code, and notified the defendant that | 44957 |
| the plaintiff would bring an action under this section on the | 44958 |
| defendant's refusal or failure to be tested, but the defendant has | 44959 |
| not been tested; | 44960 |
| (d) Within seven days after the exposure, the plaintiff took | 44961 |
|
an HIV test | 44962 |
| 44963 |
| In the complaint, the defendant shall be identified by a | 44964 |
|
pseudonym and | 44965 |
| confidentially pursuant to a court order restricting the use of | 44966 |
| the name. Proceedings shall be conducted in chambers unless the | 44967 |
| defendant agrees to a hearing in open court. | 44968 |
| (B) The court shall hold a hearing on the complaint at the | 44969 |
| earliest possible time but not later than the third business day | 44970 |
| after the day the defendant is served with the complaint and | 44971 |
| notice of the hearing. The court shall enter judgment on the | 44972 |
| complaint on the day the hearing is concluded. | 44973 |
| (C) Notwithstanding division (A) of section 3701.242 of the | 44974 |
| Revised Code, the court may order the defendant to undergo HIV | 44975 |
| testing if it finds by clear and convincing evidence that the | 44976 |
|
plaintiff has proved the matters attested to in | 44977 |
|
plaintiff's affidavit and
has demonstrated that | 44978 |
| has a compelling need for the results of the test and no other | 44979 |
| means exist to accommodate the need. If granted, the order shall | 44980 |
| guard against unauthorized disclosure of the test results by | 44981 |
| specifying the persons and governmental entities that may have | 44982 |
| access to the results and by limiting further disclosure. The | 44983 |
| court shall require that the defendant be given test results and, | 44984 |
| if the defendant's test results are HIV-positive, that post-test | 44985 |
|
counseling be provided | 44986 |
| division (C) of section 3701.242 of the Revised Code. The court | 44987 |
| may order the plaintiff to pay the cost of the defendant's testing | 44988 |
| and counseling. | 44989 |
| Sec. 3701.344. As used in this section and sections | 44990 |
| 3701.345, 3701.346, and 3701.347 of the Revised Code: | 44991 |
| (A) "Private water system" means any water system for the | 44992 |
| provision of water for human consumption, if such system has fewer | 44993 |
| than fifteen service connections and does not regularly serve an | 44994 |
| average of at least twenty-five individuals daily at least sixty | 44995 |
| days out of the year. A private water system includes any well, | 44996 |
| spring, cistern, pond, or hauled water and any equipment for the | 44997 |
| collection, transportation, filtration, disinfection, treatment, | 44998 |
| or storage of such water extending from and including the source | 44999 |
| of the water to the point of discharge from any pressure tank or | 45000 |
| other storage vessel; to the point of discharge from the water | 45001 |
| pump where no pressure tank or other storage vessel is present; | 45002 |
| or, in the case of multiple service connections serving more than | 45003 |
| one dwelling, to the point of discharge from each service | 45004 |
|
connection. | 45005 |
| water service line extending from the point of discharge to a | 45006 |
| structure. | 45007 |
| (B) Notwithstanding section 3701.347 of the Revised Code and | 45008 |
| subject to division (C) of this section, rules adopted by the | 45009 |
| public health council regarding private water systems shall | 45010 |
| provide for the following: | 45011 |
| (1) Except as otherwise provided in this division, boards of | 45012 |
| health of city or general health districts shall be given the | 45013 |
| exclusive power to establish fees in accordance with section | 45014 |
| 3709.09 of the Revised Code for administering and enforcing such | 45015 |
| rules. Such fees shall establish a different rate for | 45016 |
| administering and enforcing the rules relative to private water | 45017 |
| systems serving single-family dwelling houses and nonsingle-family | 45018 |
| dwelling houses. Except for an amount established by the public | 45019 |
| health council, pursuant to division (B)(5) of this section, for | 45020 |
| each new private water system installation, no portion of any fee | 45021 |
| for administering and enforcing such rules shall be returned to | 45022 |
| the department of health. If the director of health determines | 45023 |
| that a board of health of a city or general health district is | 45024 |
| unable to administer and enforce a private water system program in | 45025 |
| the district, the director shall administer and enforce such a | 45026 |
| program in the district and establish fees for such administration | 45027 |
| and enforcement. | 45028 |
| (2) Boards of health of city or general health districts | 45029 |
| shall be given the exclusive power to determine the number of | 45030 |
| inspections necessary for determining the safe drinking | 45031 |
| characteristics of a private water system. | 45032 |
| (3) Private water systems contractors, as a condition of | 45033 |
| doing business in this state, shall annually register with, and | 45034 |
| comply with surety bonding requirements of, the department of | 45035 |
|
health. No such contractor shall be permitted to register if | 45036 |
| the contractor fails to comply with all applicable rules adopted | 45037 |
| by the public health council and the board of health of the city | 45038 |
| or general health district. The annual registration fee for | 45039 |
| private water systems contractors shall be sixty-five dollars. The | 45040 |
| public health council, by rule adopted in accordance with Chapter | 45041 |
| 119. of the Revised Code, may increase the annual registration | 45042 |
| fee. Before January 1, 1993, the fee shall not be increased by | 45043 |
| more than fifty per cent of the amount prescribed by this section. | 45044 |
| (4) Boards of health of city or general health districts | 45045 |
| subject to such rules of the public health council shall have the | 45046 |
| option of determining whether bacteriological examinations shall | 45047 |
| be performed at approved laboratories of the state or at approved | 45048 |
| private laboratories. | 45049 |
| (5) The public health council may establish fees for each new | 45050 |
| private water system installation, which shall be collected by the | 45051 |
| appropriate city or general health district and returned to the | 45052 |
| department of health. | 45053 |
| (6) All fees collected by the director of health under | 45054 |
| divisions (B)(1), (3), and (5) of this section shall be deposited | 45055 |
| in the state treasury to the credit of the general operations | 45056 |
| fund created in section 3701.83 of the Revised Code for use in | 45057 |
| the administration and enforcement of sections 3701.344 to | 45058 |
| 3701.347 of the Revised Code and the rules pertaining to private | 45059 |
| water systems adopted under those sections or section 3701.34 of | 45060 |
| the Revised Code. | 45061 |
| (C) To the extent that rules adopted under division (B) of | 45062 |
| this section require health districts to follow specific | 45063 |
| procedures or use prescribed forms, no such procedure or form | 45064 |
| shall be implemented until it is approved by majority vote of an | 45065 |
| approval board of health commissioners, hereby created. Members of | 45066 |
| the board shall be the officers of the association of Ohio health | 45067 |
| commissioners, or any successor organization, and membership on | 45068 |
| the board shall be coterminous with holding an office of the | 45069 |
| association. No health district is required to follow a procedure | 45070 |
| or use a form required by a rule adopted under division (B) of | 45071 |
| this section without the approval of the board. | 45072 |
| (D) A board of health shall collect well log filing fees on | 45073 |
| behalf of the division of soil and water resources in the | 45074 |
| department of natural resources in accordance with section | 45075 |
| 1521.05 of the Revised Code and rules adopted under it. The fees | 45076 |
| shall be submitted to the division quarterly as provided in those | 45077 |
| rules. | 45078 |
| Sec. 3701.611. (A) The governor shall create the help me | 45079 |
| grow advisory council in accordance with 20 U.S.C. 1441, which | 45080 |
| shall serve as the state interagency coordinating council, as | 45081 |
| described in 20 U.S.C. 1441. Members of the council shall | 45082 |
| reasonably represent the population of this state. The governor | 45083 |
| shall appoint as a member of the council a representative of a | 45084 |
| board of health of a city or general health district or an | 45085 |
| authority having the duties of a board of health under section | 45086 |
| 3709.05 of the Revised Code. | 45087 |
| The governor shall appoint one of the council members to | 45088 |
| serve as chairperson of the council, or the governor may delegate | 45089 |
| appointment of the chairperson to the council. No member of the | 45090 |
| council representing the department of health shall serve as | 45091 |
| chairperson. | 45092 |
| (B) The council shall meet at least once in each quarter of | 45093 |
| the calendar year. The chairperson may call additional meetings if | 45094 |
| necessary. | 45095 |
| (C) A member of the council shall not vote on any matter that | 45096 |
| is likely to provide a direct financial benefit to that member or | 45097 |
| otherwise be a conflict of interest. | 45098 |
| (D) The governor may reimburse members of the council for | 45099 |
| actual and necessary expenses incurred in the performance of their | 45100 |
| official duties, including child care for the parent | 45101 |
| representatives described in 20 U.S.C. 1441(b)(1)(A). The governor | 45102 |
| also may compensate members of the council who are not employed or | 45103 |
| who must forfeit wages from other employment when performing | 45104 |
| official council business. | 45105 |
| (E) The department of health shall serve as the "lead | 45106 |
| agency," as described by 20 U.S.C. 1435(a)(10). | 45107 |
| (F) The help me grow advisory council shall do all of the | 45108 |
| following: | 45109 |
| (1) Advise and assist the department of health in the | 45110 |
| performance of the responsibilities described in 20 U.S.C. | 45111 |
| 1435(a)(10), including the following: | 45112 |
| (a) Identification of the sources of fiscal and other support | 45113 |
| for services for early intervention programs; | 45114 |
| (b) Assignment of financial responsibility to the appropriate | 45115 |
| agency, in accordance with 20 U.S.C. 1437(a)(2); | 45116 |
| (c) Promotion of formal interagency agreements that define | 45117 |
| the financial responsibility of each agency for paying for early | 45118 |
| intervention services and procedures for resolving disputes; | 45119 |
| (2) Advise and assist the department of health in the | 45120 |
| preparation and amendment of applications related to the | 45121 |
| department of health's responsibilities described in 20 U.S.C. | 45122 |
| 1435(a)(10); | 45123 |
| (3) Advise and assist the department of education regarding | 45124 |
| the transition of toddlers with disabilities to preschool and | 45125 |
| other appropriate services; | 45126 |
| (4) Prepare and submit an annual report to the governor, | 45127 |
| before the thirtieth day of September, on the status of early | 45128 |
| intervention programs for infants and toddlers with disabilities | 45129 |
| and their families operated within this state during the most | 45130 |
| recent fiscal year. | 45131 |
| (G) The help me grow advisory council may advise and assist | 45132 |
| the department of health and the department of education regarding | 45133 |
| the provision of appropriate services for children age five and | 45134 |
| younger. The council may advise appropriate agencies about the | 45135 |
| integration of services for infants and toddlers with | 45136 |
| disabilities, and at-risk infants and toddlers and their families, | 45137 |
| regardless of whether at-risk infants and toddlers are eligible | 45138 |
| for early intervention services. | 45139 |
| (H) The help me grow advisory council shall promote | 45140 |
| family-centered programs and services that acknowledge and support | 45141 |
| the social, emotional, cognitive, intellectual, and physical | 45142 |
| development of children and the vital role of families in ensuring | 45143 |
| the well-being and success of children. | 45144 |
| Sec. 3701.78. (A) There is hereby created the commission on | 45145 |
|
minority health, consisting of | 45146 |
| governor shall appoint to the commission nine members from among | 45147 |
| health researchers, health planners, and health professionals. The | 45148 |
| governor also shall appoint two members who are representatives of | 45149 |
| the lupus awareness and education program. The speaker of the | 45150 |
| house of representatives shall appoint to the commission two | 45151 |
| members of the house of representatives, not more than one of whom | 45152 |
| is a member of the same political party, and the president of the | 45153 |
| senate shall appoint to the commission two members of the senate, | 45154 |
| not more than one of whom is a member of the same political party. | 45155 |
| The directors of health, mental health, mental retardation and | 45156 |
| developmental disabilities, alcohol and drug addiction services, | 45157 |
| and job and family services, or their designees, and the | 45158 |
| superintendent of public instruction, or the superintendent's | 45159 |
| designee, shall be members of the commission. The commission | 45160 |
| shall elect a chairperson from among its members. Of the members | 45161 |
| appointed by the governor, five shall be appointed to initial | 45162 |
| terms of one year, and four shall be appointed to initial terms | 45163 |
| of two years. Thereafter, all members appointed by the governor | 45164 |
| shall be appointed to terms of two years. All members of the | 45165 |
| commission appointed by the speaker of the house of | 45166 |
| representatives or the president of the senate shall be nonvoting | 45167 |
| members of the commission and be appointed within thirty days | 45168 |
| after the commencement of the first regular session of each | 45169 |
| general assembly, and shall serve until the expiration of the | 45170 |
| session of the general assembly during which they were appointed. | 45171 |
| Members of the commission shall serve without compensation, but | 45172 |
| shall be reimbursed for the actual and necessary expenses they | 45173 |
| incur in the performance of their official duties. | 45174 |
| (B) The commission shall promote health and the prevention of | 45175 |
| disease among members of minority groups. Each year the commission | 45176 |
| shall distribute grants from available funds to community-based | 45177 |
| health groups to be used to promote health and the prevention of | 45178 |
| disease among members of minority groups. As used in this | 45179 |
| division, "minority group" means any of the following economically | 45180 |
| disadvantaged groups: Blacks, American Indians, Hispanics, and | 45181 |
| Orientals. The commission shall adopt and maintain rules pursuant | 45182 |
| to Chapter 119. of the Revised Code to provide for the | 45183 |
| distribution of these grants. No group shall qualify to receive a | 45184 |
| grant from the commission unless it receives at least twenty per | 45185 |
| cent of its funds from sources other than grants distributed under | 45186 |
| this section. | 45187 |
| (C) The commission may appoint such employees as it considers | 45188 |
| necessary to carry out its duties under this section. The | 45189 |
| department of health shall provide office space for the | 45190 |
| commission. | 45191 |
| (D) The commission shall meet at the call of its chairperson | 45192 |
| to conduct its official business. A majority of the voting members | 45193 |
| of the commission constitute a quorum. The votes of at least eight | 45194 |
| voting members of the commission are necessary for the commission | 45195 |
| to take any official action or to approve the distribution of | 45196 |
| grants under this section. | 45197 |
| Sec. 3701.83. (A) There is hereby created in the state | 45198 |
| treasury the general operations fund. Moneys in the fund shall be | 45199 |
| used for the purposes specified in sections 3701.04, 3701.344, | 45200 |
| 3702.20, 3710.15, 3711.16, 3717.25, 3717.45, 3718.06, 3721.02, | 45201 |
| 3722.04, 3729.07, 3733.04, 3733.25, 3733.43, 3748.04, 3748.05, | 45202 |
| 3748.07, 3748.12, 3748.13, 3749.04, 3749.07, 4747.04, 4751.04, | 45203 |
| and 4769.09 of the Revised Code. | 45204 |
| (B) The alcohol testing program fund is hereby created in the | 45205 |
| state treasury. The director of health shall use the fund to | 45206 |
| administer and enforce the alcohol testing and permit program | 45207 |
| authorized by section 3701.143 of the Revised Code. | 45208 |
| The fund shall receive transfers from the liquor control fund | 45209 |
| created under section 4301.12 of the Revised Code. All investment | 45210 |
| earnings of the alcohol testing program fund shall be credited to | 45211 |
| the fund. | 45212 |
| Sec. 3702.30. (A) As used in this section: | 45213 |
| (1) "Ambulatory surgical facility" means a facility, whether | 45214 |
| or not part of the same organization as a hospital, that is | 45215 |
| located in a building distinct from another in which inpatient | 45216 |
| care is provided, and to which any of the following apply: | 45217 |
| (a) Outpatient surgery is routinely performed in the | 45218 |
| facility, and the facility functions separately from a hospital's | 45219 |
| inpatient surgical service and from the offices of private | 45220 |
| physicians, podiatrists, and dentists. | 45221 |
| (b) Anesthesia is administered in the facility by an | 45222 |
| anesthesiologist or certified registered nurse anesthetist, and | 45223 |
| the facility functions separately from a hospital's inpatient | 45224 |
| surgical service and from the offices of private physicians, | 45225 |
| podiatrists, and dentists. | 45226 |
| (c) The facility applies to be certified by the United States | 45227 |
| centers for medicare and medicaid services as an ambulatory | 45228 |
| surgical center for purposes of reimbursement under Part B of the | 45229 |
| medicare program, Part B of Title XVIII of the "Social Security | 45230 |
| Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended. | 45231 |
| (d) The facility applies to be certified by a national | 45232 |
| accrediting body approved by the centers for medicare and medicaid | 45233 |
| services for purposes of deemed compliance with the conditions for | 45234 |
| participating in the medicare program as an ambulatory surgical | 45235 |
| center. | 45236 |
| (e) The facility bills or receives from any third-party | 45237 |
| payer, governmental health care program, or other person or | 45238 |
| government entity any ambulatory surgical facility fee that is | 45239 |
| billed or paid in addition to any fee for professional services. | 45240 |
| (f) The facility is held out to any person or government | 45241 |
| entity as an ambulatory surgical facility or similar facility by | 45242 |
| means of signage, advertising, or other promotional efforts. | 45243 |
| "Ambulatory surgical facility" does not include a hospital | 45244 |
| emergency department. | 45245 |
| (2) "Ambulatory surgical facility fee" means a fee for | 45246 |
| certain overhead costs associated with providing surgical services | 45247 |
| in an outpatient setting. A fee is an ambulatory surgical facility | 45248 |
| fee only if it directly or indirectly pays for costs associated | 45249 |
| with any of the following: | 45250 |
| (a) Use of operating and recovery rooms, preparation areas, | 45251 |
| and waiting rooms and lounges for patients and relatives; | 45252 |
| (b) Administrative functions, record keeping, housekeeping, | 45253 |
| utilities, and rent; | 45254 |
| (c) Services provided by nurses, orderlies, technical | 45255 |
| personnel, and others involved in patient care related to | 45256 |
| providing surgery. | 45257 |
| "Ambulatory surgical facility fee" does not include any | 45258 |
| additional payment in excess of a professional fee that is | 45259 |
| provided to encourage physicians, podiatrists, and dentists to | 45260 |
| perform certain surgical procedures in their office or their group | 45261 |
| practice's office rather than a health care facility, if the | 45262 |
| purpose of the additional fee is to compensate for additional cost | 45263 |
| incurred in performing office-based surgery. | 45264 |
| (3) "Governmental health care program" has the same meaning | 45265 |
| as in section 4731.65 of the Revised Code. | 45266 |
| (4) "Health care facility" means any of the following: | 45267 |
| (a) An ambulatory surgical facility; | 45268 |
| (b) A freestanding dialysis center; | 45269 |
| (c) A freestanding inpatient rehabilitation facility; | 45270 |
| (d) A freestanding birthing center; | 45271 |
| (e) A freestanding radiation therapy center; | 45272 |
| (f) A freestanding or mobile diagnostic imaging center. | 45273 |
| (5) "Third-party payer" has the same meaning as in section | 45274 |
| 3901.38 of the Revised Code. | 45275 |
| (B) By rule adopted in accordance with sections 3702.12 and | 45276 |
| 3702.13 of the Revised Code, the director of health shall | 45277 |
| establish quality standards for health care facilities. The | 45278 |
| standards may incorporate accreditation standards or other quality | 45279 |
| standards established by any entity recognized by the director. | 45280 |
| (C) Every ambulatory surgical facility shall require that | 45281 |
| each physician who practices at the facility comply with all | 45282 |
| relevant provisions in the Revised Code that relate to the | 45283 |
| obtaining of informed consent from a patient. | 45284 |
| (D) The director shall issue a license to each health care | 45285 |
| facility that makes application for a license and demonstrates to | 45286 |
| the director that it meets the quality standards established by | 45287 |
| the rules adopted under division (B) of this section and satisfies | 45288 |
| the informed consent compliance requirements specified in division | 45289 |
| (C) of this section. | 45290 |
| (E)(1) Except as provided in division (H) of this section and | 45291 |
| in section 3702.301 of the Revised Code, no health care facility | 45292 |
| shall operate without a license issued under this section. | 45293 |
| (2) If the department of health finds that a physician who | 45294 |
| practices at a health care facility is not complying with any | 45295 |
| provision of the Revised Code related to the obtaining of informed | 45296 |
| consent from a patient, the department shall report its finding to | 45297 |
| the state medical board, the physician, and the health care | 45298 |
| facility. | 45299 |
| (3) This division does not create, and shall not be construed | 45300 |
| as creating, a new cause of action or substantive legal right | 45301 |
| against a health care facility and in favor of a patient who | 45302 |
| allegedly sustains harm as a result of the failure of the | 45303 |
| patient's physician to obtain informed consent from the patient | 45304 |
| prior to performing a procedure on or otherwise caring for the | 45305 |
| patient in the health care facility. | 45306 |
| (F) The rules adopted under division (B) of this section | 45307 |
| shall include all of the following: | 45308 |
| (1) Provisions governing application for, renewal, | 45309 |
| suspension, and revocation of a license under this section; | 45310 |
| (2) Provisions governing orders issued pursuant to section | 45311 |
| 3702.32 of the Revised Code for a health care facility to cease | 45312 |
| its operations or to prohibit certain types of services provided | 45313 |
| by a health care facility; | 45314 |
| (3) Provisions governing the imposition under section 3702.32 | 45315 |
| of the Revised Code of civil penalties for violations of this | 45316 |
| section or the rules adopted under this section, including a scale | 45317 |
| for determining the amount of the penalties. | 45318 |
| (G) An ambulatory surgical facility that performs or induces | 45319 |
| abortions shall comply with section 3701.791 of the Revised Code. | 45320 |
| (H) The following entities are not required to obtain a | 45321 |
| license as a freestanding diagnostic imaging center issued under | 45322 |
| this section: | 45323 |
| (1) A hospital registered under section 3701.07 of the | 45324 |
| Revised Code and providing diagnostic imaging; | 45325 |
| (2) An entity that is reviewed as part of a hospital | 45326 |
| accreditation or certification program providing diagnostic | 45327 |
| imaging; | 45328 |
| (3) An ambulatory surgical facility providing diagnostic | 45329 |
| imaging during a surgical procedure. | 45330 |
| Sec. 3702.51. As used in sections 3702.51 to 3702.62 of the | 45331 |
| Revised Code: | 45332 |
| (A) "Applicant" means any person that submits an application | 45333 |
| for a certificate of need and who is designated in the application | 45334 |
| as the applicant. | 45335 |
| (B) "Person" means any individual, corporation, business | 45336 |
| trust, estate, firm, partnership, association, joint stock | 45337 |
| company, insurance company, government unit, or other entity. | 45338 |
| (C) "Certificate of need" means a written approval granted by | 45339 |
| the director of health to an applicant to authorize conducting a | 45340 |
| reviewable activity. | 45341 |
| (D) "Health service area" means a geographic region | 45342 |
| designated by the director of health under section 3702.58 of the | 45343 |
| Revised Code. | 45344 |
| (E) "Health service" means a clinically related service, such | 45345 |
| as a diagnostic, treatment, rehabilitative, or preventive service. | 45346 |
| (F) "Health service agency" means an agency designated to | 45347 |
| serve a health service area in accordance with section 3702.58 of | 45348 |
| the Revised Code. | 45349 |
| (G) "Health care facility" means: | 45350 |
| (1) A hospital registered under section 3701.07 of the | 45351 |
| Revised Code; | 45352 |
| (2) A nursing home licensed under section 3721.02 of the | 45353 |
| Revised Code, or by a political subdivision certified under | 45354 |
| section 3721.09 of the Revised Code; | 45355 |
| (3) A county home or a county nursing home as defined in | 45356 |
| section 5155.31 of the Revised Code that is certified under Title | 45357 |
| XVIII or XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 | 45358 |
| U.S.C.A. 301, as amended; | 45359 |
| (4) A freestanding dialysis center; | 45360 |
| (5) A freestanding inpatient rehabilitation facility; | 45361 |
| (6) An ambulatory surgical facility; | 45362 |
| (7) A freestanding cardiac catheterization facility; | 45363 |
| (8) A freestanding birthing center; | 45364 |
| (9) A freestanding or mobile diagnostic imaging center; | 45365 |
| (10) A freestanding radiation therapy center. | 45366 |
| A health care facility does not include the offices of | 45367 |
| private physicians and dentists whether for individual or group | 45368 |
| practice, residential facilities licensed under section 5123.19 of | 45369 |
| the Revised Code, or an institution for the sick that is operated | 45370 |
| exclusively for patients who use spiritual means for healing and | 45371 |
| for whom the acceptance of medical care is inconsistent with their | 45372 |
| religious beliefs, accredited by a national accrediting | 45373 |
| organization, exempt from federal income taxation under section | 45374 |
| 501 of the Internal Revenue Code of 1986, 100 Stat. 2085, 26 | 45375 |
| U.S.C.A. 1, as amended, and providing twenty-four hour nursing | 45376 |
| care pursuant to the exemption in division (E) of section 4723.32 | 45377 |
| of the Revised Code from the licensing requirements of Chapter | 45378 |
| 4723. of the Revised Code. | 45379 |
| (H) "Medical equipment" means a single unit of medical | 45380 |
| equipment or a single system of components with related functions | 45381 |
| that is used to provide health services. | 45382 |
| (I) "Third-party payer" means a health insuring corporation | 45383 |
| licensed under Chapter 1751. of the Revised Code, a health | 45384 |
| maintenance organization as defined in division (K) of this | 45385 |
| section, an insurance company that issues sickness and accident | 45386 |
| insurance in conformity with Chapter 3923. of the Revised Code, a | 45387 |
| state-financed health insurance program under Chapter 3701., | 45388 |
| 4123., or 5111. of the Revised Code, or any self-insurance plan. | 45389 |
| (J) "Government unit" means the state and any county, | 45390 |
| municipal corporation, township, or other political subdivision of | 45391 |
| the state, or any department, division, board, or other agency of | 45392 |
| the state or a political subdivision. | 45393 |
| (K) "Health maintenance organization" means a public or | 45394 |
| private organization organized under the law of any state that is | 45395 |
| qualified under section 1310(d) of Title XIII of the "Public | 45396 |
| Health Service Act," 87 Stat. 931 (1973), 42 U.S.C. 300e-9. | 45397 |
| (L) "Existing health care facility" means either of the | 45398 |
| following: | 45399 |
| (1) A health care facility that is licensed or otherwise | 45400 |
| authorized to operate in this state in accordance with applicable | 45401 |
| law, including a county home or a county nursing home that is | 45402 |
| certified as of February 1, 2008, under Title XVIII or Title XIX | 45403 |
| of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, | 45404 |
| as amended, is staffed and equipped to provide health care | 45405 |
| services, and is actively providing health services; | 45406 |
| (2) A health care facility that is licensed or otherwise | 45407 |
| authorized to operate in this state in accordance with applicable | 45408 |
| law, including a county home or a county nursing home that is | 45409 |
| certified as of February 1, 2008, under Title XVIII or Title XIX | 45410 |
| of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, | 45411 |
| as amended, or that has beds registered under section 3701.07 of | 45412 |
| the Revised Code as skilled nursing beds or long-term care beds | 45413 |
| and has provided services for at least three hundred sixty-five | 45414 |
| consecutive days within the twenty-four months immediately | 45415 |
| preceding the date a certificate of need application is filed with | 45416 |
| the director of health. | 45417 |
| (M) "State" means the state of Ohio, including, but not | 45418 |
| limited to, the general assembly, the supreme court, the offices | 45419 |
| of all elected state officers, and all departments, boards, | 45420 |
| offices, commissions, agencies, institutions, and other | 45421 |
| instrumentalities of the state of Ohio. "State" does not include | 45422 |
| political subdivisions. | 45423 |
| (N) "Political subdivision" means a municipal corporation, | 45424 |
| township, county, school district, and all other bodies corporate | 45425 |
| and politic responsible for governmental activities only in | 45426 |
| geographic areas smaller than that of the state to which the | 45427 |
| sovereign immunity of the state attaches. | 45428 |
| (O) "Affected person" means: | 45429 |
| (1) An applicant for a certificate of need, including an | 45430 |
| applicant whose application was reviewed comparatively with the | 45431 |
| application in question; | 45432 |
| (2) The person that requested the reviewability ruling in | 45433 |
| question; | 45434 |
| (3) Any person that resides or regularly uses health care | 45435 |
| facilities within the geographic area served or to be served by | 45436 |
| the health care services that would be provided under the | 45437 |
| certificate of need or reviewability ruling in question; | 45438 |
| (4) Any health care facility that is located in the health | 45439 |
| service area where the health care services would be provided | 45440 |
| under the certificate of need or reviewability ruling in question; | 45441 |
| (5) Third-party payers that reimburse health care facilities | 45442 |
| for services in the health service area where the health care | 45443 |
| services would be provided under the certificate of need or | 45444 |
| reviewability ruling in question; | 45445 |
| (6) Any other person who testified at a public hearing held | 45446 |
| under division (B) of section 3702.52 of the Revised Code or | 45447 |
| submitted written comments in the course of review of the | 45448 |
| certificate of need application in question. | 45449 |
| (P) "Osteopathic hospital" means a hospital registered under | 45450 |
| section 3701.07 of the Revised Code that advocates osteopathic | 45451 |
| principles and the practice and perpetuation of osteopathic | 45452 |
| medicine by doing any of the following: | 45453 |
| (1) Maintaining a department or service of osteopathic | 45454 |
| medicine or a committee on the utilization of osteopathic | 45455 |
| principles and methods, under the supervision of an osteopathic | 45456 |
| physician; | 45457 |
| (2) Maintaining an active medical staff, the majority of | 45458 |
| which is comprised of osteopathic physicians; | 45459 |
| (3) Maintaining a medical staff executive committee that has | 45460 |
| osteopathic physicians as a majority of its members. | 45461 |
| (Q) "Ambulatory surgical facility" has the same meaning as in | 45462 |
| section 3702.30 of the Revised Code. | 45463 |
| (R) | 45464 |
| 45465 | |
| 45466 | |
| 45467 |
| | 45468 |
| 45469 | |
| 45470 |
| | 45471 |
| 45472 | |
| 45473 | |
| 45474 | |
| 45475 | |
| 45476 |
| | 45477 |
| | 45478 |
| | 45479 |
| 45480 |
| | 45481 |
| 45482 | |
| 45483 | |
| 45484 | |
| 45485 |
| | 45486 |
| 45487 | |
| 45488 |
| | 45489 |
| 45490 |
| | 45491 |
| 45492 | |
| 45493 |
| | 45494 |
| | 45495 |
| 45496 |
| | 45497 |
| 45498 | |
| 45499 | |
| 45500 | |
| 45501 |
| | 45502 |
| 45503 | |
| 45504 |
| | 45505 |
| 45506 | |
| 45507 |
| | 45508 |
| 45509 |
| | 45510 |
| 45511 | |
| 45512 | |
| 45513 |
| | 45514 |
| 45515 | |
| 45516 | |
| 45517 | |
| 45518 | |
| 45519 |
| | 45520 |
| 45521 |
| | 45522 |
| | 45523 |
| 45524 | |
| 45525 | |
| 45526 | |
| 45527 |
| | 45528 |
| 45529 | |
| 45530 | |
| 45531 | |
| 45532 |
| | 45533 |
| 45534 |
| | 45535 |
| 45536 | |
| 45537 | |
| 45538 | |
| 45539 | |
| 45540 | |
| 45541 | |
| 45542 | |
| 45543 | |
| 45544 | |
| 45545 | |
| 45546 | |
| 45547 | |
| 45548 | |
| 45549 |
| | 45550 |
| 45551 | |
| 45552 |
| | 45553 |
| | 45554 |
| | 45555 |
| | 45556 |
| 45557 | |
| 45558 |
| | 45559 |
| 45560 |
| | 45561 |
| 45562 | |
| 45563 |
| | 45564 |
| 45565 |
| | 45566 |
|
"reviewable activity" | 45567 |
| 45568 |
| (1) The establishment, development, or construction of a new | 45569 |
| long-term care facility; | 45570 |
| (2) The replacement of an existing long-term care facility; | 45571 |
| (3) The renovation of a long-term care facility that involves | 45572 |
| a capital expenditure of two million dollars or more, not | 45573 |
| including expenditures for equipment, staffing, or operational | 45574 |
| costs; | 45575 |
| (4) | 45576 |
| capacity: | 45577 |
| (a) An increase in bed capacity; | 45578 |
| (b) A relocation of beds from one physical facility or site | 45579 |
| to another, excluding the relocation of beds within a long-term | 45580 |
| care facility or among buildings of a long-term care facility at | 45581 |
|
the same site | 45582 |
| | 45583 |
| 45584 | |
| 45585 |
| (5) Any change in the health services, bed capacity, or site, | 45586 |
| or any other failure to conduct the reviewable activity in | 45587 |
| substantial accordance with the approved application for which a | 45588 |
| certificate of need concerning long-term care beds was granted, if | 45589 |
| the change is made within five years after the implementation of | 45590 |
| the reviewable activity for which the certificate was granted; | 45591 |
| (6) The expenditure of more than one hundred ten per cent of | 45592 |
| the maximum expenditure specified in a certificate of need | 45593 |
|
concerning long-term care beds | 45594 |
| | 45595 |
| 45596 | |
| 45597 | |
| 45598 | |
| 45599 | |
| 45600 | |
| 45601 | |
| 45602 | |
| 45603 | |
| 45604 | |
| 45605 | |
| 45606 | |
| 45607 | |
| 45608 | |
| 45609 |
| | 45610 |
| following activities: | 45611 |
| (1) Acquisition of computer hardware or software; | 45612 |
| (2) Acquisition of a telephone system; | 45613 |
| (3) Construction or acquisition of parking facilities; | 45614 |
| (4) Correction of cited deficiencies that are in violation of | 45615 |
| federal, state, or local fire, building, or safety laws and rules | 45616 |
| and that constitute an imminent threat to public health or safety; | 45617 |
| (5) Acquisition of an existing health care facility that does | 45618 |
| not involve a change in the number of the beds, by service, or in | 45619 |
| the number or type of health services; | 45620 |
| (6) Correction of cited deficiencies identified by | 45621 |
| accreditation surveys of the joint commission on accreditation of | 45622 |
| healthcare organizations or of the American osteopathic | 45623 |
| association; | 45624 |
| (7) Acquisition of medical equipment to replace the same or | 45625 |
| similar equipment for which a certificate of need has been issued | 45626 |
| if the replaced equipment is removed from service; | 45627 |
| (8) Mergers, consolidations, or other corporate | 45628 |
| reorganizations of health care facilities that do not involve a | 45629 |
| change in the number of beds, by service, or in the number or type | 45630 |
| of health services; | 45631 |
| (9) Construction, repair, or renovation of bathroom | 45632 |
| facilities; | 45633 |
| (10) Construction of laundry facilities, waste disposal | 45634 |
| facilities, dietary department projects, heating and air | 45635 |
| conditioning projects, administrative offices, and portions of | 45636 |
| medical office buildings used exclusively for physician services; | 45637 |
| (11) Acquisition of medical equipment to conduct research | 45638 |
| required by the United States food and drug administration or | 45639 |
| clinical trials sponsored by the national institute of health. Use | 45640 |
| of medical equipment that was acquired without a certificate of | 45641 |
|
need under division | 45642 |
| premarket approval has been granted by the United States food and | 45643 |
| drug administration to provide services for which patients or | 45644 |
| reimbursement entities will be charged shall be a reviewable | 45645 |
| activity. | 45646 |
| (12) Removal of asbestos from a health care facility. | 45647 |
| Only that portion of a project that meets the requirements of | 45648 |
| this
division | 45649 |
| | 45650 |
| located within a rural area, has fewer than one hundred beds, and | 45651 |
| to which fewer than four thousand persons were admitted during the | 45652 |
| most recent calendar year. | 45653 |
| | 45654 |
| (1) A hospital registered under section 3701.07 of the | 45655 |
| Revised Code that provides general pediatric medical and surgical | 45656 |
| care, and in which at least seventy-five per cent of annual | 45657 |
| inpatient discharges for the preceding two calendar years were | 45658 |
| individuals less than eighteen years of age; | 45659 |
| (2) A distinct portion of a hospital registered under section | 45660 |
| 3701.07 of the Revised Code that provides general pediatric | 45661 |
| medical and surgical care, has a total of at least one hundred | 45662 |
| fifty registered pediatric special care and pediatric acute care | 45663 |
| beds, and in which at least seventy-five per cent of annual | 45664 |
| inpatient discharges for the preceding two calendar years were | 45665 |
| individuals less than eighteen years of age; | 45666 |
| (3) A distinct portion of a hospital, if the hospital is | 45667 |
| registered under section 3701.07 of the Revised Code as a | 45668 |
| children's hospital and the children's hospital meets all the | 45669 |
|
requirements of division | 45670 |
| | 45671 |
| (1) A nursing home licensed under section 3721.02 of the | 45672 |
| Revised Code or by a political subdivision certified under section | 45673 |
| 3721.09 of the Revised Code; | 45674 |
| (2) The portion of any facility, including a county home or | 45675 |
| county nursing home, that is certified as a skilled nursing | 45676 |
| facility or a nursing facility under Title XVIII or XIX of the | 45677 |
| "Social Security Act"; | 45678 |
| (3) The portion of any hospital that contains beds registered | 45679 |
| under section 3701.07 of the Revised Code as skilled nursing beds | 45680 |
| or long-term care beds. | 45681 |
| | 45682 |
| facility. | 45683 |
| | 45684 |
| 45685 | |
| 45686 | |
| 45687 |
| | 45688 |
| which deliveries routinely occur, regardless of whether the | 45689 |
| facility is located on the campus of another health care facility, | 45690 |
| and which is not licensed under Chapter 3711. of the Revised Code | 45691 |
| as a level one, two, or three maternity unit or a limited | 45692 |
| maternity unit. | 45693 |
| | 45694 |
| the director of health under division (A) of section 3702.52 of | 45695 |
| the Revised Code as to whether a particular proposed project is or | 45696 |
| is not a reviewable activity. | 45697 |
| (2) "Nonreviewability ruling" means a ruling issued under | 45698 |
| that division that a particular proposed project is not a | 45699 |
| reviewable activity. | 45700 |
| | 45701 |
| this state designated a metropolitan statistical area or primary | 45702 |
| metropolitan statistical area in United States office of | 45703 |
| management and budget bulletin no. 93-17, June 30, 1993, and its | 45704 |
| attachments. | 45705 |
| (2) "Rural area" means any area of this state not located | 45706 |
| within a metropolitan statistical area. | 45707 |
| | 45708 |
| section 5155.31 of the Revised Code. | 45709 |
| Sec. 3702.52. The director of health shall administer a | 45710 |
| state certificate of need program in accordance with sections | 45711 |
| 3702.51 to 3702.62 of the Revised Code and rules adopted under | 45712 |
| those sections. | 45713 |
| (A) The director shall issue rulings on whether a particular | 45714 |
| proposed project is a reviewable activity. The director shall | 45715 |
| issue a ruling not later than forty-five days after receiving a | 45716 |
| request for a ruling accompanied by the information needed to make | 45717 |
| the ruling. If the director does not issue a ruling in that time, | 45718 |
| the project shall be considered to have been ruled not a | 45719 |
| reviewable activity. | 45720 |
| (B) The director shall review applications for certificates | 45721 |
| of need. Each application shall be submitted to the director on | 45722 |
| forms prescribed by the director, shall include all information | 45723 |
| required by rules adopted under division (B) of section 3702.57 of | 45724 |
| the Revised Code, and shall be accompanied by the application fee | 45725 |
| established in rules adopted under division (G) of that section. | 45726 |
| Application fees received by the director under this division | 45727 |
| shall be deposited into the state treasury to the credit of the | 45728 |
| certificate of need fund, which is hereby created. The director | 45729 |
| shall use the fund only to pay the costs of administering sections | 45730 |
| 3702.11 to 3702.20, 3702.30, and 3702.51 to 3702.62 of the Revised | 45731 |
| Code and rules adopted under those sections. | 45732 |
| The director shall mail to the applicant a written notice | 45733 |
| that the application meets the criteria for a complete application | 45734 |
| specified in rules adopted under section 3702.57 of the Revised | 45735 |
| Code, or a written request for additional information, not later | 45736 |
| than thirty days after receiving an application or a response to | 45737 |
| an earlier request for information. The director shall not make | 45738 |
| more than two requests for additional information. | 45739 |
| The director may conduct a public informational hearing in | 45740 |
| the course of reviewing any application for a certificate of need, | 45741 |
| and shall conduct one if requested to do so by any affected person | 45742 |
| not later than fifteen days after the director mails the notice | 45743 |
| that the application is complete. The hearing shall be conducted | 45744 |
| in the community in which the activities authorized by the | 45745 |
| certificate of need would be carried out. Any affected person may | 45746 |
| testify at the hearing. The director may, with the health service | 45747 |
| agency's consent, designate a health service agency to conduct the | 45748 |
| hearing. | 45749 |
| Except during a public hearing or as necessary to comply with | 45750 |
|
a subpoena issued under division
| 45751 |
| notice of completeness has been received, no person shall make | 45752 |
| revisions to information that was submitted to the director before | 45753 |
| the director mailed the notice of completeness or knowingly | 45754 |
| discuss in person or by telephone the merits of the application | 45755 |
| with the director. A person may supplement an application after a | 45756 |
| notice of completeness has been received by submitting clarifying | 45757 |
| information to the director. If one or more persons request a | 45758 |
| meeting in person or by telephone, the director shall make a | 45759 |
| reasonable effort to invite interested parties to the meeting or | 45760 |
| conference call. | 45761 |
| (C) All of the following apply to the process of granting or | 45762 |
| denying a certificate of need: | 45763 |
| (1) If the project proposed in a certificate of need | 45764 |
| application meets all of the applicable certificate of need | 45765 |
| criteria for approval under sections 3702.51 to 3702.62 of the | 45766 |
| Revised Code and the rules adopted under those sections, the | 45767 |
| director shall grant a certificate of need for all or part of the | 45768 |
| 45769 | |
| 45770 |
| | 45771 |
| 45772 | |
| 45773 | |
| 45774 | |
| 45775 | |
| 45776 |
| | 45777 |
| 45778 | |
| 45779 | |
| applicable deadline specified in division (C)(4) of this section | 45780 |
| or any extension of it under division (C)(5) of this section. | 45781 |
| (2) | 45782 |
| 45783 | |
| 45784 | |
| 45785 | |
| 45786 | |
| 45787 | |
| 45788 | |
| 45789 |
| | 45790 |
| 45791 | |
| 45792 | |
| 45793 | |
| 45794 | |
| 45795 | |
| 45796 |
| | 45797 |
| 45798 | |
| 45799 |
| | 45800 |
| 45801 | |
| no precedent for, the director's decision to grant or deny other | 45802 |
| applications for similar reviewable activities proposed to be | 45803 |
| conducted in the same or different health service areas. | 45804 |
| (3) If the director receives written objections to an | 45805 |
| application from any affected person by the thirtieth day after | 45806 |
|
mailing the notice of
completeness, | 45807 |
| 45808 | |
| applicant and assign a hearing examiner to conduct an | 45809 |
| adjudication hearing concerning the application in accordance | 45810 |
| with Chapter 119. of the Revised Code. In the case of | 45811 |
| applications under comparative review, if the director receives | 45812 |
| written objections to any of the applications from any affected | 45813 |
| person by the thirtieth day after the director mails the last | 45814 |
|
notice of
completeness, | 45815 |
| 45816 | |
| and appoint a hearing examiner to conduct a consolidated | 45817 |
| adjudication hearing concerning the applications in accordance | 45818 |
| with Chapter 119. of the Revised Code. The hearing examiner shall | 45819 |
| be employed by or under contract with the department of health. | 45820 |
| The adjudication hearings may be conducted in the health | 45821 |
| service area in which the reviewable activity is proposed to be | 45822 |
| conducted. Consolidated adjudication hearings for applications in | 45823 |
| comparative review may be conducted in the geographic region in | 45824 |
| which all of the reviewable activities will be conducted. The | 45825 |
| applicant, the director, and the affected persons that filed | 45826 |
| objections to the application shall be parties to the hearing. If | 45827 |
| none of the affected persons that submitted written objections to | 45828 |
| the application appears or prosecutes the hearing, the hearing | 45829 |
| examiner shall dismiss the hearing and the director shall grant a | 45830 |
|
certificate of need for all or part of the | 45831 |
| the subject of the application if the proposed project meets all | 45832 |
| of the applicable certificate of need criteria for approval under | 45833 |
| sections 3702.51 to 3702.62 of the Revised Code and the rules | 45834 |
| adopted under those sections. The affected persons bear the burden | 45835 |
| of proving by a preponderance of evidence that the project is not | 45836 |
| needed or that granting the certificate would not be in accordance | 45837 |
| with sections 3702.51 to 3702.62 of the Revised Code or the rules | 45838 |
| adopted under those sections. | 45839 |
| (4) Except as provided in | 45840 |
| 45841 | |
| certificate of need applications for which an adjudication hearing | 45842 |
| is not conducted under division (C)(3) of this section not later | 45843 |
| than sixty days after mailing the notice of completeness or, in | 45844 |
| the case of an application proposing addition of long-term care | 45845 |
| beds, not later than sixty days after such other time as is | 45846 |
| specified in rules adopted under section 3702.57 of the Revised | 45847 |
|
Code. | 45848 |
| the director shall grant or deny certificate of need | 45849 |
| applications for which an adjudication hearing is conducted under | 45850 |
| division (C)(3) of this section not later than thirty days after | 45851 |
| the expiration of the time for filing objections to the report | 45852 |
| and recommendation of the hearing examiner under section 119.09 | 45853 |
| of the Revised Code. The director shall base decisions concerning | 45854 |
| applications for which an adjudication hearing is conducted under | 45855 |
| division (C)(3) of this section on the report and recommendations | 45856 |
| of the hearing examiner. | 45857 |
| (5) Except as otherwise provided in division
(C) | 45858 |
| (6) of this section, the director or the applicant may extend the | 45859 |
| deadline prescribed in division (C)(4) of this section once, for | 45860 |
| no longer than thirty days, by written notice before the end of | 45861 |
|
the | 45862 |
| (C)(4) of this section. An extension by the director under | 45863 |
| division (C)(5) of this section shall apply to all applications | 45864 |
| that are in comparative review. | 45865 |
| (6) No applicant in a comparative review may extend the | 45866 |
| deadline specified in division (C)(4) of this section. | 45867 |
| (7) | 45868 |
| 45869 | |
| 45870 | |
| director does not grant or deny the certificate by the applicable | 45871 |
| deadline specified in division (C)(4) of this section or any | 45872 |
| extension of it under division (C)(5) of this section, the | 45873 |
| certificate shall be considered to have been granted. | 45874 |
| (8) In granting a certificate of need, the director shall | 45875 |
| specify as the maximum capital expenditure the certificate holder | 45876 |
| may obligate under the certificate a figure equal to one hundred | 45877 |
| ten per cent of the approved project cost. | 45878 |
| (9) In granting a certificate of need, the director may | 45879 |
| grant the certificate with conditions that must be met by the | 45880 |
| holder of the certificate. | 45881 |
| (D) The director shall monitor the activities of persons | 45882 |
|
granted certificates of need | 45883 |
| the period beginning with the granting of the certificate of need | 45884 |
| and ending five years after implementation of the activity for | 45885 |
| which the certificate was granted. | 45886 |
| | 45887 |
| 45888 | |
| 45889 | |
| 45890 | |
| 45891 | |
| 45892 |
| (E) When reviewing applications for certificates of need or | 45893 |
| monitoring activities of persons granted certificates of need, | 45894 |
| the director may issue and enforce, in the manner provided in | 45895 |
| section 119.09 of the Revised Code, subpoenas duces tecum to | 45896 |
| compel the production of documents relevant to review of the | 45897 |
| application or monitoring of the activities. In addition, the | 45898 |
| director or the director's designee, which may include a health | 45899 |
| service agency, may visit the sites where the activities are or | 45900 |
| will be conducted. | 45901 |
| (F) The director may withdraw certificates of need. | 45902 |
| (G) The director shall conduct, on a regular basis, health | 45903 |
| system data collection and analysis activities and prepare | 45904 |
| reports. The director shall make recommendations based upon these | 45905 |
| activities to the public health council concerning the adoption of | 45906 |
| appropriate rules under section 3702.57 of the Revised Code. All | 45907 |
| health care facilities and other health care providers shall | 45908 |
| submit to the director, upon request, any information that is | 45909 |
| necessary to conduct reviews of certificate of need applications | 45910 |
| and to develop recommendations for criteria for reviews, and that | 45911 |
| is prescribed by rules adopted under division (H) of section | 45912 |
| 3702.57 of the Revised Code. | 45913 |
| (H) Any decision to grant or deny a certificate of need shall | 45914 |
| consider the special needs and circumstances resulting from moral | 45915 |
| and ethical values and the free exercise of religious rights of | 45916 |
| health care facilities administered by religious organizations, | 45917 |
|
and the special needs and circumstances of
| 45918 |
|
inner city | 45919 |
| Sec. 3702.524. (A) Except as provided
in division (B) | 45920 |
| of this section, a certificate of need granted on or after April | 45921 |
| 20, 1995, is not transferable prior to the completion of the | 45922 |
| reviewable activity for which it was granted. If any person | 45923 |
| holding a certificate of need issued on or after that date | 45924 |
| transfers the certificate of need to another person before the | 45925 |
| reviewable activity is completed, or enters into an agreement that | 45926 |
| contemplates the transfer of the certificate of need on the | 45927 |
| completion of the reviewable activity, the certificate of need is | 45928 |
| void. If the controlling interest in an entity that holds a | 45929 |
| certificate of need issued on or after that date is transferred | 45930 |
| prior to the completion of the reviewable activity, the | 45931 |
| certificate of need is void. | 45932 |
| (B) Division (A) of this section does not prohibit the | 45933 |
| transfer of a certificate of need issued on or after April 20, | 45934 |
| 1995, between affiliated or related persons, as defined in rules | 45935 |
| adopted under section 3702.57 of the Revised Code, if the transfer | 45936 |
| does not result in a change in the person that holds the ultimate | 45937 |
| controlling interest, as defined in the rules, in the certificate | 45938 |
| of need. | 45939 |
| The transfer of a health care facility after the completion | 45940 |
| of a reviewable activity for which a certificate of need was | 45941 |
| issued on or after April 20, 1995, is not a transfer of the | 45942 |
| certificate of need, unless the facility is transferred pursuant | 45943 |
| to an agreement entered into prior to the completion of the | 45944 |
| reviewable activity. | 45945 |
| | 45946 |
| 45947 | |
| 45948 |
| | 45949 |
| 45950 | |
| 45951 | |
| 45952 |
| | 45953 |
| 45954 | |
| 45955 | |
| 45956 |
| | 45957 |
| 45958 | |
| 45959 | |
| 45960 |
| | 45961 |
| 45962 | |
| 45963 | |
| 45964 | |
| 45965 |
| Sec. 3702.525. (A) Not later than twenty-four months after | 45966 |
| the date the director of health mails the notice that the | 45967 |
| certificate of need has been granted or, if the grant or denial of | 45968 |
| the certificate of need is appealed under section 3702.60 of the | 45969 |
| Revised Code, not later than twenty-four months after issuance of | 45970 |
| an order granting the certificate that is not subject to further | 45971 |
| appeal, each person holding a certificate of need granted on or | 45972 |
| after April 20, 1995, shall: | 45973 |
| (1) If the project for which the certificate of need was | 45974 |
| granted primarily involves construction and is to be financed | 45975 |
| primarily through external borrowing of funds, secure financial | 45976 |
| commitment for the stated purpose of developing the project and | 45977 |
| commence construction that continues uninterrupted except for | 45978 |
| interruptions or delays that are unavoidable due to reasons beyond | 45979 |
| the person's control, including labor strikes, natural disasters, | 45980 |
| material shortages, or comparable events; | 45981 |
| (2) If the project for which the certificate of need was | 45982 |
| granted primarily involves construction and is to be financed | 45983 |
| primarily internally, receive formal approval from the holder's | 45984 |
| board of directors or trustees or other governing authority to | 45985 |
| commit specified funds for implementation of the project and | 45986 |
| commence construction that continues uninterrupted except for | 45987 |
| interruptions or delays that are unavoidable due to reasons beyond | 45988 |
| the person's control, including labor strikes, natural disasters, | 45989 |
| material shortages, or comparable events; | 45990 |
| (3) If the project for which the certificate of need was | 45991 |
| granted primarily involves acquisition of medical equipment, enter | 45992 |
| into a contract to purchase or lease the equipment and to accept | 45993 |
| the equipment at the site for which the certificate was granted; | 45994 |
| (4) If the project for which the certificate of need was | 45995 |
| granted involves no capital expenditure or only minor renovations | 45996 |
| to existing structures, provide the health service or activity by | 45997 |
| the means specified in the approved application for the | 45998 |
| certificate; | 45999 |
| (5) If the project for which the certificate of need was | 46000 |
| granted primarily involves leasing a building or space that | 46001 |
| requires only minor renovations to the existing space, execute a | 46002 |
| lease and provide the health service or activity by the means | 46003 |
| specified in the approved application for the certificate; | 46004 |
| (6) If the project for which the certificate of need was | 46005 |
| granted primarily involves leasing a building or space that has | 46006 |
| not been constructed or requires substantial renovations to | 46007 |
| existing space, commence construction for the purpose of | 46008 |
| implementing the reviewable activity that continues uninterrupted | 46009 |
| except for interruptions or delays that are unavoidable due to | 46010 |
| reasons beyond the person's control, including labor strikes, | 46011 |
| natural disasters, material shortages, or comparable events. | 46012 |
| (B) The twenty-four-month period specified in division (A) of | 46013 |
| this section shall not be extended by any means, including the | 46014 |
| 46015 | |
| 46016 | |
| replacement certificate of need. Each person holding a certificate | 46017 |
| of need granted on or after April 20, 1995, shall provide the | 46018 |
| director of health documentation of compliance with that division | 46019 |
| not later than the earlier of thirty days after complying with | 46020 |
| that division or five days after the twenty-four-month period | 46021 |
| expires. Not later than the earlier of fifteen days after | 46022 |
| receiving the documentation or fifteen days after the | 46023 |
| twenty-four-month period expires, the director shall send by | 46024 |
| certified mail a notice to the holder of the certificate of need | 46025 |
| specifying whether the holder has complied with division (A) of | 46026 |
| this section. | 46027 |
| (C) Notwithstanding division (B) of this section, the | 46028 |
| twenty-four-month period specified in division (A) of this section | 46029 |
| shall be extended for an additional twenty-four months for any | 46030 |
| certificate of need granted for the purchase and relocation of | 46031 |
| licensed nursing home beds on February 26, 1999. | 46032 |
| (D) A certificate of need granted on or after April 20, 1995, | 46033 |
| expires, regardless of whether the director sends a notice under | 46034 |
| division (B) of this section, if the holder fails to comply with | 46035 |
| division (A) or (C) of this section or to provide information | 46036 |
| under division (B) of this section as necessary for the director | 46037 |
| to determine compliance. | 46038 |
| Sec. 3702.53. (A) No person shall carry out any reviewable | 46039 |
| activity unless a certificate of need for such activity has been | 46040 |
| granted under sections 3702.51 to 3702.62 of the Revised Code or | 46041 |
|
the person is exempted by division | 46042 |
|
section | 46043 |
| Revised Code from the requirement that a certificate of need be | 46044 |
| obtained. No person shall carry out any reviewable activity if a | 46045 |
| certificate of need authorizing that activity has been withdrawn | 46046 |
| by the director of health under section 3702.52 or 3702.526 of the | 46047 |
| Revised Code. No person shall carry out a reviewable activity if | 46048 |
| the certificate of need authorizing that activity is void pursuant | 46049 |
| to section 3702.524 of the Revised Code or has expired pursuant to | 46050 |
| section 3702.525 of the Revised Code. | 46051 |
| (B) No person shall separate portions of any proposal for any | 46052 |
| reviewable activity to evade the requirements of sections 3702.51 | 46053 |
| to 3702.62 of the Revised Code. | 46054 |
| (C) No person granted a certificate of need shall carry out | 46055 |
| the reviewable activity authorized by the certificate of need | 46056 |
| other than in substantial accordance with the approved application | 46057 |
| for the certificate of need. | 46058 |
| Sec. 3702.532. When the director of health determines that a | 46059 |
| person has violated section 3702.53 of the Revised Code, the | 46060 |
| director shall send a notice to the person by certified mail, | 46061 |
| return receipt requested, specifying the activity constituting the | 46062 |
|
violation and the penalties imposed under section 3702.54 | 46063 |
|
3702.541 | 46064 |
| Sec. 3702.54. Except as provided in | 46065 |
|
3702.541
| 46066 |
| Code, divisions (A) and (B) of this section apply when the | 46067 |
| director of health determines that a person has violated section | 46068 |
| 3702.53 of the Revised Code. | 46069 |
| (A) The director shall impose a civil penalty on the person | 46070 |
| in an amount equal to the greatest of the following: | 46071 |
| (1) Three thousand dollars; | 46072 |
| (2) Five per cent of the operating cost of the activity that | 46073 |
| constitutes the violation during the period of time it was | 46074 |
| conducted in violation of section 3702.53 of the Revised Code; | 46075 |
| (3) | 46076 |
| the total approved capital cost associated with implementation of | 46077 |
| the activity for which the certificate of need was granted. | 46078 |
| In no event, however, shall the penalty exceed two hundred | 46079 |
| fifty thousand dollars. | 46080 |
| (B)(1) Notwithstanding section 3702.52 of the Revised Code, | 46081 |
| the director shall refuse to accept for review any application for | 46082 |
| a certificate of need filed by or on behalf of the person, or any | 46083 |
| successor to the person or entity related to the person, for a | 46084 |
| period of not less than one year and not more than three years | 46085 |
| after the director mails the notice of the director's | 46086 |
| determination under section 3702.532 of the Revised Code or, if | 46087 |
| the determination is appealed under section 3702.60 of the Revised | 46088 |
| Code, the issuance of the order upholding the determination that | 46089 |
| is not subject to further appeal. In determining the length of | 46090 |
| time during which applications will not be accepted, the director | 46091 |
| may consider any of the following: | 46092 |
| (a) The nature and magnitude of the violation; | 46093 |
| (b) The ability of the person to have averted the violation; | 46094 |
| (c) Whether the person disclosed the violation to the | 46095 |
| director before the director commenced his investigation; | 46096 |
| (d) The person's history of compliance with sections 3702.51 | 46097 |
| to 3702.62 and the rules adopted under section 3702.57 of the | 46098 |
| Revised Code; | 46099 |
| (e) Any community hardship that may result from refusing to | 46100 |
| accept future applications from the person. | 46101 |
| (2) Notwithstanding the one-year minimum imposed by division | 46102 |
| (B)(1) of this section, the director may establish a period of | 46103 |
| less than one year during which the director will refuse to accept | 46104 |
| certificate of need applications if, after reviewing all | 46105 |
| information available to the director, the director determines and | 46106 |
| expressly indicates in the notice mailed under section 3702.532 of | 46107 |
| the Revised Code that refusing to accept applications for a longer | 46108 |
| period would result in hardship to the community in which the | 46109 |
| person provides health services. The director's finding of | 46110 |
| community hardship shall not affect the granting or denial of any | 46111 |
| future certificate of need application filed by the person. | 46112 |
| Sec. 3702.544. Each person required by section
3702.54 | 46113 |
|
3702.541 | 46114 |
| Code to pay a civil penalty shall do so not later than sixty days | 46115 |
| after receiving the notice mailed under section 3702.532 of the | 46116 |
| Revised Code or, if the person appeals under section 3702.60 of | 46117 |
| the Revised Code the director of health's determination that a | 46118 |
| violation has occurred, not later than sixty days after the | 46119 |
| issuance of an order upholding the director's determination that | 46120 |
| is not subject to further appeal. The civil penalties shall be | 46121 |
| paid to the director. The director shall deposit them into the | 46122 |
| certificate of need fund created by section 3702.52 of the Revised | 46123 |
| Code. | 46124 |
| Sec. 3702.55. | 46125 |
| 46126 | |
| has violated section 3702.53 of the Revised Code shall cease | 46127 |
| conducting the activity that constitutes the violation or | 46128 |
| utilizing the equipment or facility resulting from the violation | 46129 |
| not later than thirty days after the person receives the notice | 46130 |
| mailed under section 3702.532 of the Revised Code or, if the | 46131 |
| person appeals the director's determination under section 3702.60 | 46132 |
| of the Revised Code, thirty days after the person receives an | 46133 |
| order upholding the director's determination that is not subject | 46134 |
|
to further appeal. | 46135 |
| 46136 | |
| 46137 | |
| 46138 | |
| 46139 |
| If any person determined to have violated section 3702.53 of | 46140 |
| the Revised Code fails to cease conducting an activity or using | 46141 |
|
equipment or a facility as
required by this section | 46142 |
| 46143 | |
| person continues to seek payment or reimbursement for services | 46144 |
| rendered or costs incurred in conducting the activity as | 46145 |
| prohibited by section 3702.56 of the Revised Code, in addition to | 46146 |
|
the
penalties imposed under section 3702.54 | 46147 |
| 46148 |
| (A) The director of health may refuse to include any beds | 46149 |
| involved in the activity in the bed capacity of a hospital for | 46150 |
| purposes of registration under section 3701.07 of the Revised | 46151 |
| Code; | 46152 |
| (B) The director of health may refuse to license, or may | 46153 |
| revoke a license or reduce bed capacity previously granted to, a | 46154 |
| hospice care program under section 3712.04 of the Revised Code; a | 46155 |
| nursing home, rest home, or home for the aging under section | 46156 |
| 3721.02 of the Revised Code; or any beds within any of those | 46157 |
| facilities that are involved in the activity; | 46158 |
| (C) A political subdivision certified under section 3721.09 | 46159 |
| of the Revised Code may refuse to license, or may revoke a license | 46160 |
| or reduce bed capacity previously granted to, a nursing home, rest | 46161 |
| home, or home for the aging, or any beds within any of those | 46162 |
| facilities that are involved in the activity; | 46163 |
| (D) The director of mental health may refuse to license under | 46164 |
| section 5119.20 of the Revised Code, or may revoke a license or | 46165 |
| reduce bed capacity previously granted to, a hospital receiving | 46166 |
| mentally ill persons or beds within such a hospital that are | 46167 |
| involved in the activity; | 46168 |
| (E) The department of job and family services may refuse to | 46169 |
| enter into a provider agreement that includes a facility, beds, or | 46170 |
| services that result from the activity. | 46171 |
| Sec. 3702.57. (A) The public health council shall adopt | 46172 |
| rules establishing procedures and criteria for reviews of | 46173 |
| applications for certificates of need and issuance, denial, or | 46174 |
| withdrawal of certificates. | 46175 |
| (1) | 46176 |
| 46177 | |
| 46178 | |
| 46179 | |
| 46180 | |
| 46181 | |
| 46182 | |
| 46183 | |
| 46184 | |
| 46185 |
| | 46186 |
| applications of certificates of need, the council shall consider | 46187 |
| the availability of and need for long-term care beds to provide | 46188 |
| care and treatment to persons diagnosed as having traumatic brain | 46189 |
| injuries and shall prescribe criteria for reviewing applications | 46190 |
| that propose to add long-term care beds to provide care and | 46191 |
| treatment to persons diagnosed as having traumatic brain injuries. | 46192 |
| | 46193 |
| certificates of need shall relate to the need for the reviewable | 46194 |
| activity and shall pertain to all of the following matters: | 46195 |
| (a) The impact of the reviewable activity on the cost and | 46196 |
| quality of health services in the relevant geographic area, | 46197 |
| including, but not limited, to the historical and projected | 46198 |
| utilization of the services to which the application pertains and | 46199 |
| the effect of the reviewable activity on utilization of other | 46200 |
| providers of similar services; | 46201 |
| (b) The quality of the services to be provided as the result | 46202 |
| of the activity, as evidenced by the historical performance of the | 46203 |
| persons that will be involved in providing the services and by the | 46204 |
| provisions that are proposed in the application to ensure quality, | 46205 |
| including but not limited to adequate available personnel, | 46206 |
| available ancillary and support services, available equipment, | 46207 |
| size and configuration of physical plant, and relations with other | 46208 |
| providers; | 46209 |
| (c) The impact of the reviewable activity on the availability | 46210 |
| and accessibility of the type of services proposed in the | 46211 |
| application to the population of the relevant geographic area, and | 46212 |
| the level of access to the services proposed in the application | 46213 |
| that will be provided to medically underserved individuals such as | 46214 |
| recipients of public assistance and individuals who have no health | 46215 |
| insurance or whose health insurance is insufficient; | 46216 |
| (d) The activity's short- and long-term financial feasibility | 46217 |
| and cost-effectiveness, the impact of the activity on the | 46218 |
| applicant's costs and charges, and a comparison of the applicant's | 46219 |
| costs and charges with those of providers of similar services in | 46220 |
| the applicant's proposed service area; | 46221 |
| (e) The advantages, disadvantages, and costs of alternatives | 46222 |
| to the reviewable activity; | 46223 |
| (f) The impact of the activity on all other providers of | 46224 |
| similar services in the health service area or other relevant | 46225 |
| geographic area, including the impact on their utilization, market | 46226 |
| share, and financial status; | 46227 |
| (g) The historical performance of the applicant and related | 46228 |
| or affiliated parties in complying with previously granted | 46229 |
| certificates of need and any applicable certification, | 46230 |
| accreditation, or licensure requirements; | 46231 |
| (h) The relationship of the activity to the current edition | 46232 |
| of the state health resources plan issued under section 3702.521 | 46233 |
| of the Revised Code; | 46234 |
| (i) The historical performance of the applicant and related | 46235 |
| or affiliated parties in providing cost-effective health care | 46236 |
| services; | 46237 |
| (j) The special needs and circumstances of the applicant or | 46238 |
| population proposed to be served by the proposed project, | 46239 |
| including research activities, prevalence of particular diseases, | 46240 |
| unusual demographic characteristics, cost-effective contractual | 46241 |
| affiliations, and other special circumstances; | 46242 |
| (k) The appropriateness of the zoning status of the proposed | 46243 |
| site of the activity; | 46244 |
| (l) The participation by the applicant in research conducted | 46245 |
| by the United States food and drug administration or clinical | 46246 |
| trials sponsored by the national institutes of health. | 46247 |
| | 46248 |
| a formula for determining each county's long-term care bed need | 46249 |
| for purposes of section 3702.593 of the Revised Code and may | 46250 |
|
include other
formulas for determining need
for beds | 46251 |
| 46252 |
| | 46253 |
| 46254 | |
| 46255 | |
| 46256 | |
| 46257 | |
| 46258 |
| | 46259 |
| 46260 | |
| 46261 | |
| 46262 | |
| 46263 | |
| 46264 | |
| 46265 | |
| 46266 | |
| 46267 |
| | 46268 |
|
beds | 46269 |
| for establishing the ratios or mitigating factors or exceptions to | 46270 |
| the ratios. | 46271 |
| (B) The council shall adopt rules specifying all of the | 46272 |
| following: | 46273 |
| (1) Information that must be provided in applications for | 46274 |
| certificates of need, which shall include a plan for obligating | 46275 |
| the capital expenditure or implementing the proposed project on a | 46276 |
| timely basis in accordance with section 3702.525 of the Revised | 46277 |
| Code; | 46278 |
| (2) Procedures for reviewing applications for completeness of | 46279 |
| information; | 46280 |
| (3) Criteria for determining that the application is | 46281 |
| complete. | 46282 |
| (C) The council shall adopt rules specifying requirements | 46283 |
| that holders of certificates of need must meet in order for the | 46284 |
| certificates to remain valid and establishing definitions and | 46285 |
| requirements for obligation of capital expenditures and | 46286 |
| implementation of projects authorized by certificates of need. | 46287 |
| (D) The council shall adopt rules establishing criteria and | 46288 |
| procedures under which the director of health may withdraw a | 46289 |
| certificate of need if the holder fails to meet requirements for | 46290 |
| continued validity of the certificate. | 46291 |
| (E) The council shall adopt rules establishing procedures | 46292 |
| under which the department of health shall monitor project | 46293 |
| implementation activities of holders of certificates of need. The | 46294 |
| rules adopted under this division also may establish procedures | 46295 |
| for monitoring implementation activities of persons that have | 46296 |
| received nonreviewability rulings. | 46297 |
| (F) The council shall adopt rules establishing procedures | 46298 |
| under which the director of health shall review certificates of | 46299 |
| need whose holders exceed or appear likely to exceed an | 46300 |
| expenditure maximum specified in a certificate. | 46301 |
| (G) The council shall adopt rules establishing certificate of | 46302 |
| need application fees sufficient to pay the costs incurred by the | 46303 |
| department for administering sections 3702.51 to 3702.62 of the | 46304 |
| Revised Code and to pay health service agencies for the functions | 46305 |
| they perform under division (D)(5) of section 3702.58 of the | 46306 |
| Revised Code. Unless rules are adopted under this division | 46307 |
| establishing different application fees, the application fee for a | 46308 |
| project not involving a capital expenditure shall be three | 46309 |
| thousand dollars and the application fee for a project involving a | 46310 |
| capital expenditure shall be nine-tenths of one per cent of the | 46311 |
| capital expenditure proposed subject to a minimum of three | 46312 |
| thousand dollars and a maximum of twenty thousand dollars. | 46313 |
| (H) The council shall adopt rules specifying information that | 46314 |
| is necessary to conduct reviews of certificate of need | 46315 |
| applications and to develop recommendations for criteria for | 46316 |
| reviews that health care facilities and other health care | 46317 |
| providers are to submit to the director under division (G) of | 46318 |
| section 3702.52 of the Revised Code. | 46319 |
| (I) The council shall adopt rules defining "affiliated | 46320 |
| person," "related person," and "ultimate controlling interest" for | 46321 |
| purposes of section 3702.524 of the Revised Code. | 46322 |
| (J) The council shall adopt rules prescribing requirements | 46323 |
| for holders of certificates of need to demonstrate to the director | 46324 |
| under section 3702.526 of the Revised Code that reasonable | 46325 |
| progress is being made toward completion of the reviewable | 46326 |
| activity and establishing standards by which the director shall | 46327 |
| determine whether reasonable progress is being made. | 46328 |
| (K) | 46329 |
| 46330 | |
| 46331 | |
| 46332 | |
| 46333 | |
| 46334 | |
| 46335 | |
| 46336 | |
| 46337 |
| | 46338 |
|
divisions (A) to | 46339 |
| 119. of the Revised Code. The council may adopt other rules as | 46340 |
| necessary to carry out the purposes of sections 3702.51 to 3702.62 | 46341 |
| of the Revised Code. | 46342 |
| Sec. 3702.59. (A) | 46343 |
| 46344 | |
| 46345 | |
| 46346 | |
| 46347 |
| | 46348 |
| 46349 | |
| 46350 |
| | 46351 |
| 46352 | |
| 46353 | |
| 46354 |
| | 46355 |
| 46356 | |
| 46357 | |
| 46358 | |
| 46359 | |
| 46360 |
| | 46361 |
| 46362 | |
| 46363 | |
| 46364 |
| | 46365 |
| 46366 | |
| 46367 | |
| 46368 | |
| 46369 | |
| 46370 | |
| 46371 |
| | 46372 |
| 46373 | |
| 46374 | |
| 46375 | |
| 46376 | |
| 46377 | |
| 46378 |
| | 46379 |
| 46380 | |
| 46381 | |
| 46382 | |
| 46383 | |
| 46384 | |
| 46385 |
| | 46386 |
| 46387 | |
| 46388 | |
| 46389 | |
| 46390 | |
| 46391 | |
| 46392 | |
| 46393 |
| | 46394 |
| 46395 | |
| 46396 | |
| 46397 | |
| 46398 | |
| 46399 |
| | 46400 |
| 46401 | |
| 46402 | |
| 46403 | |
| 46404 | |
| 46405 | |
| 46406 | |
| certificate of need applications as provided in sections 3702.592 | 46407 |
| and 3702.593 of the Revised Code. | 46408 |
| (B) The director shall not approve an application for a | 46409 |
| certificate of need for addition of long-term care beds to an | 46410 |
|
existing health care facility | 46411 |
|
development of a new health care facility | 46412 |
| 46413 |
| | 46414 |
|
are
being | 46415 |
|
safety code
deficiencies,
| 46416 |
|
violations, | 46417 |
|
violations, | 46418 |
| 46419 | |
| deficiencies for which a waiver has been granted, all state fire | 46420 |
| code violations, and all state building code violations at the | 46421 |
|
existing health care
facility | 46422 |
| 46423 |
| | 46424 |
|
the application, | 46425 |
| 46426 | |
|
Code | 46427 |
| in which the beds
are being | 46428 |
| 46429 | |
|
or | 46430 |
|
business | 46431 |
| | 46432 |
|
beds are being | 46433 |
| operated by the applicant or any principal participant in the | 46434 |
| same corporation or other business has had a long-standing | 46435 |
| pattern of violations of this chapter or deficiencies that caused | 46436 |
| one or more residents physical, emotional, mental, or | 46437 |
| psychosocial harmthat operates or seeks to operate the health | 46438 |
| care facility in which the beds are being placed. | 46439 |
| (3) During the period that precedes the filing of the | 46440 |
| application and is encompassed by the three most recent standard | 46441 |
| surveys of the existing health care facility in which the beds | 46442 |
| are being placed, the facility was cited on three or more | 46443 |
| separate occasions for final, nonappealable deficiencies that, | 46444 |
| under 42 C.F.R. 488.404, either constitute a pattern of | 46445 |
| deficiencies resulting in actual harm that is not immediate | 46446 |
| jeopardy or are widespread deficiencies resulting in actual harm | 46447 |
| that is not immediate jeopardy. | 46448 |
| (4) During the period that precedes the filing of the | 46449 |
| application and is encompassed by the three most recent standard | 46450 |
| surveys of the existing health care facility in which the beds are | 46451 |
| being placed, the facility was cited on two or more separate | 46452 |
| occasions for final, nonappealable deficiencies that, under 42 | 46453 |
| C.F.R. 488.404, either constitute a pattern of deficiencies | 46454 |
| resulting in immediate jeopardy to resident health or safety or | 46455 |
| are widespread deficiencies resulting in immediate jeopardy to | 46456 |
| resident health or safety. | 46457 |
| (5) During the period that precedes the filing of the | 46458 |
| application and is encompassed by the three most recent standard | 46459 |
| surveys of the existing health care facility in which the beds are | 46460 |
| being placed, more than two nursing homes operated in this state | 46461 |
| by the applicant or the person who operates the facility in which | 46462 |
| the beds are being placed or, if the applicant or person operates | 46463 |
| more than twenty nursing homes in this state, more than ten per | 46464 |
| cent of those nursing homes, were each cited on three or more | 46465 |
| separate occasions for final, nonappealable deficiencies that, | 46466 |
| under 42 C.F.R. 488.404, either constitute a pattern of | 46467 |
| deficiencies resulting in actual harm that is not immediate | 46468 |
| jeopardy or are widespread deficiencies resulting in actual harm | 46469 |
| that is not immediate jeopardy. | 46470 |
| (6) During the period that precedes the filing of the | 46471 |
| application and is encompassed by the three most recent standard | 46472 |
| surveys of the existing health care facility in which the beds are | 46473 |
| being placed, more than two nursing homes operated in this state | 46474 |
| by the applicant or the person who operates the facility in which | 46475 |
| the beds are being placed or, if the applicant or person operates | 46476 |
| more than twenty nursing homes in this state, more than ten per | 46477 |
| cent of those nursing homes, were each cited on two or more | 46478 |
| separate occasions for final, nonappealable deficiencies that, | 46479 |
| under 42 C.F.R. 488.404, either constitute a pattern of | 46480 |
| deficiencies resulting in immediate jeopardy to resident health or | 46481 |
| safety or are widespread deficiencies resulting in immediate | 46482 |
| jeopardy to resident health or safety. | 46483 |
| (7) During the sixty-month period preceding the filing of | 46484 |
| the application, the applicant has violated this chapter on two or | 46485 |
| more separate occasions. | 46486 |
| In applying divisions (B)(1) to (6) of this section, the | 46487 |
| director shall not consider deficiencies cited before the current | 46488 |
| operator began to operate the health care facility at which the | 46489 |
| deficiencies were cited. The director may disregard deficiencies | 46490 |
| cited after the health care facility was acquired by the current | 46491 |
| operator if the deficiencies were attributable to circumstances | 46492 |
| that arose under the previous operator and the current operator | 46493 |
| has implemented measures to alleviate the circumstances. In the | 46494 |
| case of an application proposing development of a new health care | 46495 |
| facility by relocation of beds, the director shall not consider | 46496 |
| deficiencies that were solely attributable to the physical plant | 46497 |
| of the existing health care facility from which the beds are | 46498 |
| being relocated. | 46499 |
| | 46500 |
| application for the conversion of infirmary beds to long-term | 46501 |
| care beds if the infirmary meets all of the following conditions: | 46502 |
| | 46503 |
| | 46504 |
| orders who take vows of celibacy and live by virtue of their vows | 46505 |
| within the orders as if related; | 46506 |
| | 46507 |
| religious order on January 1, 1994. | 46508 |
| | 46509 |
| 46510 | |
| 46511 | |
| 46512 | |
| 46513 |
| | 46514 |
| 46515 | |
| 46516 | |
| other than those described in division (C)(2) of this section be | 46517 |
| admitted to a facility to use beds for which a certificate of need | 46518 |
| is approved under this division. | 46519 |
| Sec. 3702.592. (A) The director of health shall accept, for | 46520 |
| review under section 3702.52 of the Revised Code, certificate of | 46521 |
| need applications for any of the following purposes if the | 46522 |
| proposed increase in beds is attributable solely to a replacement | 46523 |
| or relocation of existing beds from an existing health care | 46524 |
| facility within the same county: | 46525 |
| (1) Approval of beds in a new health care facility or an | 46526 |
| increase of beds in an existing health care facility if the beds | 46527 |
| are proposed to be licensed as nursing home beds under Chapter | 46528 |
| 3721. of the Revised Code; | 46529 |
| (2) Approval of beds in a new county home or new county | 46530 |
| nursing home, or an increase of beds in an existing county home or | 46531 |
| existing county nursing home if the beds are proposed to be | 46532 |
| certified as skilled nursing facility beds under the medicare | 46533 |
| program, Title XVIII of the "Social Security Act," 49 Stat. 286 | 46534 |
| (1965), 42 U.S.C. 1395, as amended, or nursing facility beds under | 46535 |
| the medicaid program, Title XIX of the "Social Security Act," 49 | 46536 |
| Stat. 286 (1965), 42 U.S.C. 1396, as amended; | 46537 |
| (3) An increase of hospital beds registered pursuant to | 46538 |
| section 3701.07 of the Revised Code as long-term care beds; | 46539 |
| (4) An increase of hospital beds registered pursuant to | 46540 |
| section 3701.07 of the Revised Code as special skilled nursing | 46541 |
| beds that were originally authorized by and operate in accordance | 46542 |
| with section 3702.522 of the Revised Code. | 46543 |
| (B) The director shall accept applications described in | 46544 |
| division (A) of this section at any time. | 46545 |
| Sec. 3702.593. (A) At the times specified in this section, | 46546 |
| the director of health shall accept, for review under section | 46547 |
| 3702.52 of the Revised Code, certificate of need applications for | 46548 |
| any of the following purposes if the proposed increase in beds is | 46549 |
| attributable solely to relocation of existing beds from an | 46550 |
| existing health care facility in a county with excess beds to a | 46551 |
| health care facility in a county in which there are fewer | 46552 |
| long-term care beds than the county's bed need: | 46553 |
| (1) Approval of beds in a new health care facility or an | 46554 |
| increase of beds in an existing health care facility if the beds | 46555 |
| are proposed to be licensed as nursing home beds under Chapter | 46556 |
| 3721. of the Revised Code; | 46557 |
| (2) Approval of beds in a new county home or new county | 46558 |
| nursing home, or an increase of beds in an existing county home or | 46559 |
| existing county nursing home if the beds are proposed to be | 46560 |
| certified as skilled nursing facility beds under the medicare | 46561 |
| program, Title XVIII of the "Social Security Act," 49 Stat. 286 | 46562 |
| (1965), 42 U.S.C. 1395, as amended, or nursing facility beds under | 46563 |
| the medicaid program, Title XIX of the "Social Security Act," 49 | 46564 |
| Stat. 286 (1965), 42 U.S.C. 1396, as amended; | 46565 |
| (3) An increase of hospital beds registered pursuant to | 46566 |
| section 3701.07 of the Revised Code as long-term care beds. | 46567 |
| (B) For the purpose of implementing this section, the | 46568 |
| director shall do all of the following: | 46569 |
| (1) Determine the long-term care bed supply for each county, | 46570 |
| which shall consist of all of the following: | 46571 |
| (a) Nursing home beds licensed under Chapter 3721. of the | 46572 |
| Revised Code; | 46573 |
| (b) Beds certified as skilled nursing facility beds under the | 46574 |
| medicare program or nursing facility beds under the medicaid | 46575 |
| program; | 46576 |
| (c) Beds in a county home or county nursing home that are | 46577 |
| certified under section 5155.38 of the Revised Code as having been | 46578 |
| in operation on July 1, 1993, and are eligible for licensure as | 46579 |
| nursing home beds; | 46580 |
| (d) Beds held as approved long-term care beds under a | 46581 |
| certificate of need approved by the director. | 46582 |
| (2) Determine the long-term care bed occupancy rate for the | 46583 |
| state at the time the determination is made; | 46584 |
| (3) For each county, determine the county's bed need by | 46585 |
| identifying the number of long-term care beds that would be needed | 46586 |
| in the county in order for the statewide occupancy rate for a | 46587 |
| projected population aged sixty-five and older to be ninety per | 46588 |
| cent. | 46589 |
| In determining each county's bed need, the director shall use | 46590 |
| the formula developed in rules adopted under section 3702.57 of | 46591 |
| the Revised Code. The director's first determination after the | 46592 |
| effective date of this section shall be made not later than April | 46593 |
| 1, 2010. The second determination shall be made not later than | 46594 |
| April 1, 2012. Thereafter, a determination shall be made every | 46595 |
| four years. After each determination is made, the director shall | 46596 |
| publish the county's bed need on the web site maintained by the | 46597 |
| department of health. | 46598 |
| (C) The director's consideration of a certificate of need | 46599 |
| that would increase the number of beds in a county shall be | 46600 |
| consistent with the county's bed need determined under division | 46601 |
| (B) of this section except as follows: | 46602 |
| (1) If a county's occupancy rate is less than eighty-five per | 46603 |
| cent, the county shall be considered to have no need for | 46604 |
| additional beds. | 46605 |
| (2) Even if a county is determined not to need any additional | 46606 |
| long-term care beds, the director may approve an increase in beds | 46607 |
| equal to up to ten per cent of the county's bed supply if the | 46608 |
| county's occupancy rate is greater than ninety per cent. | 46609 |
| (D)(1) Applications made under this section shall be subject | 46610 |
| to comparative review. The review period for the first comparative | 46611 |
| review process after the effective date of this section shall | 46612 |
| begin July 1, 2010, and end June 30, 2012. Thereafter, the review | 46613 |
| period for each comparative review process shall be four years. | 46614 |
| (2) Certificate of need applications shall be accepted and | 46615 |
| reviewed from the first day of the review period through the | 46616 |
| thirtieth day of April of the following year. | 46617 |
| (3) Except for the first review period after the effective | 46618 |
| date of this section, each review period may consist of two | 46619 |
| phases. The first phase of the review period shall be the period | 46620 |
| during which the director accepts and reviews certificate of need | 46621 |
| applications as provided in division (D)(2) of this section. If | 46622 |
| the director determines that there will be acceptance and review | 46623 |
| of additional certificate of need applications, the second phase | 46624 |
| of the review period shall begin on the first day of July of the | 46625 |
| third year of the review period. The second phase shall be | 46626 |
| limited to acceptance and review of applications for | 46627 |
| redistribution of beds made available pursuant to division (G)(2) | 46628 |
| of this section. During the period between the first and second | 46629 |
| phases of the review period, the director shall act in accordance | 46630 |
| with division (H) of this section. | 46631 |
| (E) The director shall consider certificate of need | 46632 |
| applications in accordance with all of the following: | 46633 |
| (1) The number of beds approved for a county shall include | 46634 |
| only beds available for relocation from another county and shall | 46635 |
| not exceed the bed need of the receiving county; | 46636 |
| (2) The director shall consider the existence of community | 46637 |
| resources serving persons who are age sixty-five or older or | 46638 |
| disabled that are demonstrably effective in providing alternatives | 46639 |
| to long-term care facility placement. | 46640 |
| (3) The director shall approve relocation of beds from a | 46641 |
| county only if, after the relocation, the number of beds remaining | 46642 |
| in the county will exceed the county's bed need by at least one | 46643 |
| hundred beds; | 46644 |
| (4) The director shall approve relocation of beds from a | 46645 |
| health care facility only if, after the relocation, the number of | 46646 |
| beds in the facility's service area is at least equal to the state | 46647 |
| bed need rate. For purposes of this division, a facility's service | 46648 |
| area shall be either of the following: | 46649 |
| (a) The census tract in which the facility is located, if the | 46650 |
| facility is located in an area designated by the United States | 46651 |
| secretary of health and human services as a health professional | 46652 |
| shortage area under the "Public Health Service Act," 88 Stat. 682 | 46653 |
| (1944), 42 U.S.C. 254(e), as amended; | 46654 |
| (b) The area that is within a fifteen mile radius of the | 46655 |
| facility's location, if the facility is not located in a health | 46656 |
| professional shortage area. | 46657 |
| (F) In determining which applicants should receive preference | 46658 |
| in the comparative review process, the director shall consider all | 46659 |
| of the following as weighted priorities: | 46660 |
| (1) Whether the beds will be part of a continuing care | 46661 |
| retirement community; | 46662 |
| (2) Whether the beds will serve an underserved population, | 46663 |
| such as low-income individuals, individuals with disabilities, or | 46664 |
| individuals who are members of racial or ethnic minority groups; | 46665 |
| (3) Whether the project in which the beds will be included | 46666 |
| will provide alternatives to institutional care, such as adult | 46667 |
| day-care, home health care, respite or hospice care, mobile | 46668 |
| meals, residential care, independent living, or congregate living | 46669 |
| services; | 46670 |
| (4) Whether the health care facility's owner or operator will | 46671 |
| participate in medicaid waiver programs for alternatives to | 46672 |
| institutional care; | 46673 |
| (5) Whether the project in which the beds will be included | 46674 |
| will reduce alternatives to institutional care by converting | 46675 |
| residential care beds or other alternative care beds to long-term | 46676 |
| care beds; | 46677 |
| (6) Whether the facility in which the beds will be placed | 46678 |
| has positive resident and family satisfaction surveys; | 46679 |
| (7) Whether the facility in which the beds will be placed | 46680 |
| has fewer than fifty long-term care beds; | 46681 |
| (8) Whether the health care facility in which the beds will | 46682 |
| be placed is located within the service area of a hospital and is | 46683 |
| designed to accept patients for rehabilitation after an in-patient | 46684 |
| hospital stay; | 46685 |
| (9) Whether the health care facility in which the beds will | 46686 |
| be placed is or proposes to become a nurse aide training and | 46687 |
| testing site; | 46688 |
| (10) The rating, under the centers for medicare and medicaid | 46689 |
| services' five star nursing home quality rating system, of the | 46690 |
| health care facility in which the beds will be placed. | 46691 |
| (G)(1) When a certificate of need application is approved | 46692 |
| during the initial phase of a four-year review period, on | 46693 |
| completion of the project under which the beds are relocated, | 46694 |
| that number of beds shall cease to be operated in the health care | 46695 |
| facility from which they were relocated and, if the licensure or | 46696 |
| certification of those beds cannot be or is not transferred to | 46697 |
| the facility to which the beds are relocated, the licensure or | 46698 |
| certification shall be surrendered. | 46699 |
| (2) In addition to the actions required by division (G)(1) of | 46700 |
| this section, the health care facility from which the beds were | 46701 |
| relocated shall reduce the number of beds operated in the facility | 46702 |
| by a number of beds equal to at least ten per cent of the number | 46703 |
| of beds relocated and shall surrender the licensure or | 46704 |
| certification of those beds. This reduction shall be made not | 46705 |
| later than the completion date of the project for which the beds | 46706 |
| were relocated. | 46707 |
| (H)(1) Once approval of certificate of need applications in | 46708 |
| the first phase of a four-year review period is complete, the | 46709 |
| director shall make a new determination of the bed need for each | 46710 |
| county by reducing the county's bed need by the number of beds | 46711 |
| approved for relocation to the county. The new bed-need | 46712 |
| determination shall be made not later than the first day of April | 46713 |
| of the third year of the review period. | 46714 |
| (2) The director may publish on the department's web site the | 46715 |
| remaining bed need for counties that will be considered for | 46716 |
| redistribution of beds that, in accordance with division (G)(2) of | 46717 |
| this section, have ceased or will cease to be operated. The | 46718 |
| director shall base the determination of whether to include a | 46719 |
| county on all of the following: | 46720 |
| (a) The statewide number of beds that, in accordance with | 46721 |
| division (G)(2) of this section, have ceased or will cease to be | 46722 |
| operated; | 46723 |
| (b) The county's remaining bed need; | 46724 |
| (c) The county's bed occupancy rate. | 46725 |
| (I) If the director publishes the remaining bed need for a | 46726 |
| county under division (H)(2) of this section, the director may, | 46727 |
| beginning on the first day of the second phase of the review | 46728 |
| period, accept certificate of need applications for redistribution | 46729 |
| to health care facilities in that county of beds that have ceased | 46730 |
| or will cease operation in accordance with division (G)(2) of | 46731 |
| this section. The total number of beds approved for | 46732 |
| redistribution in the second phase of a review period shall not | 46733 |
| exceed the number that have ceased or will cease operation in | 46734 |
| accordance with division (G)(2) of this section. Beds that are | 46735 |
| not approved for redistribution during the second phase of a | 46736 |
| review period shall not be available for redistribution at any | 46737 |
| future time. | 46738 |
| Sec. 3702.60. (A) Any affected person may appeal a | 46739 |
| reviewability ruling issued on or after April 20, 1995, to the | 46740 |
| director of health in accordance with Chapter 119. of the Revised | 46741 |
| Code, and the director shall provide an adjudication hearing in | 46742 |
| accordance with that chapter. An affected person may appeal the | 46743 |
| director's ruling in the adjudication hearing to the tenth | 46744 |
| district court of appeals. | 46745 |
| (B) The certificate of need applicant or another affected | 46746 |
| person may appeal to the director in accordance with Chapter 119. | 46747 |
| of the Revised Code a decision issued by the director on or after | 46748 |
| April 20, 1995, to grant or deny a certificate of need application | 46749 |
| for which an adjudication hearing was not conducted under section | 46750 |
| 3702.52 of the Revised Code, and the director shall provide an | 46751 |
| adjudication hearing in accordance with that chapter. The | 46752 |
| certificate of need applicant or an affected person that was a | 46753 |
| party to and participated in an adjudication hearing conducted | 46754 |
| under this division or section 3702.52 of the Revised Code may | 46755 |
| appeal to the tenth district court of appeals the decision issued | 46756 |
| by the director following the adjudication hearing. No person may | 46757 |
| appeal to the director or a court the director's granting of a | 46758 |
| certificate of need prior to June 30, 1995, under the version of | 46759 |
| section 3702.52 of the Revised Code in effect immediately prior to | 46760 |
| that date due to failure to submit timely written objections, no | 46761 |
| person may appeal to the director or a court the director's | 46762 |
|
granting of a
certificate of need under division (C)(1) | 46763 |
| section 3702.52 of the Revised Code. | 46764 |
| (C) The certificate of need holder may appeal to the director | 46765 |
| in accordance with Chapter 119. of the Revised Code a decision | 46766 |
| issued by the director under section 3702.52 or 3702.526 of the | 46767 |
| Revised Code on or after April 20, 1995, to withdraw a certificate | 46768 |
| of need, and the director shall provide an adjudication hearing in | 46769 |
| accordance with that chapter. The person may appeal the director's | 46770 |
| ruling in the adjudication hearing to the tenth district court of | 46771 |
| appeals. | 46772 |
| (D) Any person determined by the director to have violated | 46773 |
| section 3702.53 of the Revised Code may appeal that determination, | 46774 |
|
or the penalties imposed under section 3702.54 | 46775 |
| 46776 | |
| director in accordance with Chapter 119. of the Revised Code, and | 46777 |
| the director shall provide an adjudication hearing in accordance | 46778 |
| with that chapter. The person may appeal the director's ruling in | 46779 |
| the adjudication hearing to the tenth district court of appeals. | 46780 |
| (E) Each person appealing under this section to the director | 46781 |
| shall file with the director, not later than thirty days after the | 46782 |
| decision, ruling, or determination of the director was mailed, a | 46783 |
| notice of appeal designating the decision, ruling, or | 46784 |
| determination appealed from. | 46785 |
| (F) Each person appealing under this section to the tenth | 46786 |
| district court of appeals shall file with the court, not later | 46787 |
| than thirty days after the date the director's adjudication order | 46788 |
| was mailed, a notice of appeal designating the order appealed | 46789 |
| from. The appellant also shall file notice with the director not | 46790 |
| later than thirty days after the date the order was mailed. | 46791 |
| (1) Not later than thirty days after receipt of the notice of | 46792 |
| appeal, the director shall prepare and certify to the court the | 46793 |
| complete record of the proceedings out of which the appeal arises. | 46794 |
| The expense of preparing and transcribing the record shall be | 46795 |
| taxed as part of the costs of the appeal. In the event that the | 46796 |
| record or a part thereof is not certified within the time | 46797 |
| prescribed by this division, the appellant may apply to the court | 46798 |
| for an order that the record be certified. | 46799 |
| (2) In hearing the appeal, the court shall consider only the | 46800 |
| evidence contained in the record certified to it by the director. | 46801 |
| The court may remand the matter to the director for the admission | 46802 |
| of additional evidence on a finding that the additional evidence | 46803 |
| is material, newly discovered, and could not with reasonable | 46804 |
| diligence have been ascertained before the hearing before the | 46805 |
| director. Except as otherwise provided by statute, the court shall | 46806 |
| give the hearing on the appeal preference over all other civil | 46807 |
| matters, irrespective of the position of the proceedings on the | 46808 |
| calendar of the court. | 46809 |
| (3) The court shall affirm the director's order if it finds, | 46810 |
| upon consideration of the entire record and any additional | 46811 |
| evidence admitted under division (F)(2) of this section, that the | 46812 |
| order is supported by reliable, probative, and substantial | 46813 |
| evidence and is in accordance with law. In the absence of such a | 46814 |
| finding, it shall reverse, vacate, or modify the order. | 46815 |
| (4) If the court determines that the director committed | 46816 |
| material procedural error, the court shall remand the matter to | 46817 |
| the director for further consideration or action. | 46818 |
| (G) The court may award reasonable attorney's fees against | 46819 |
| the appellant if it determines that the appeal was frivolous. | 46820 |
| Sections 119.092, 119.093, and 2335.39 of the Revised Code do not | 46821 |
| apply to adjudication hearings under this section or section | 46822 |
| 3702.52 of the Revised Code and judicial appeals under this | 46823 |
| section. | 46824 |
| (H) No person may intervene in an appeal brought under this | 46825 |
| section. | 46826 |
| Sec. 3702.61. In addition to the sanctions imposed under | 46827 |
|
sections 3702.54,
3702.541, | 46828 |
| 46829 | |
| section 3702.53 of the Revised Code, the attorney general may | 46830 |
| commence necessary legal proceedings in the court of common pleas | 46831 |
| of Franklin county to enjoin the person from such violation until | 46832 |
| the requirements of sections 3702.51 to 3702.62 of the Revised | 46833 |
| Code have been satisfied. At the request of the director of | 46834 |
| health, the attorney general shall commence any necessary | 46835 |
| proceedings. The court has jurisdiction to grant and, on a showing | 46836 |
| of a violation, shall grant appropriate injunctive relief. | 46837 |
| Sec. 3702.87. The director of health shall designate, as | 46838 |
| dental health resource shortage areas, areas in this state that | 46839 |
| experience special dental health problems and dentist practice | 46840 |
| patterns that limit access to dental care. The designations shall | 46841 |
| be made by rule and may apply to a geographic area, one or more | 46842 |
| facilities within a particular area, or a population group within | 46843 |
| a particular area. The director shall consider for designation as | 46844 |
| a dental health resource shortage area, any area in this state | 46845 |
| that has been designated by the United States secretary of health | 46846 |
| and human services as a health professional shortage area under | 46847 |
| Title III of the "Public Health Service Act," 58 Stat. 682 (1944), | 46848 |
| 42 U.S.C. 201, as amended. | 46849 |
| Sec. 3702.89. (A) An individual who | 46850 |
| 46851 | |
| outstanding obligation for dental service to the federal | 46852 |
| government, a state, or other entity at the time of participation | 46853 |
|
in the dentist loan repayment | 46854 |
| the following requirements may apply for participation in the | 46855 |
| dentist loan repayment program: | 46856 |
| (1) The applicant is a dental student enrolled in the final | 46857 |
| year of dental college. | 46858 |
| (2) The applicant is a dental resident in the final year of | 46859 |
| residency. | 46860 |
| (3) The applicant | 46861 |
|
license to practice | 46862 |
| 46863 | |
| the Revised Code. | 46864 |
| (B) An application for participation in the dentist loan | 46865 |
| repayment program shall be submitted to the director of health on | 46866 |
| a form the director shall prescribe. The following information | 46867 |
| shall be included or supplied: | 46868 |
| (1) The applicant's name, permanent address or address at | 46869 |
| which the applicant is currently residing if different from the | 46870 |
| permanent address, and telephone number; | 46871 |
| (2) The dental college the applicant attended or is attending | 46872 |
| 46873 |
| (3) If the applicant has completed a dental residency program | 46874 |
|
or is a dental resident, the facility or institution | 46875 |
| where the dental residency was completed or is being performed, | 46876 |
| and, if completed, the date of completion; | 46877 |
| (4) A summary and verification of the educational expenses | 46878 |
| for which the applicant seeks reimbursement under the program; | 46879 |
| (5) If the applicant is a dentist, verification of the | 46880 |
| applicant's license issued under Chapter 4715. of the Revised Code | 46881 |
| to practice dentistry and proof of good standing; | 46882 |
| (6) Verification of the applicant's United States citizenship | 46883 |
| or status as a legal alien. | 46884 |
| Sec. 3702.90. If funds are available in the dentist loan | 46885 |
| repayment fund created under section 3702.95 of the Revised Code | 46886 |
| and the general assembly has appropriated the funds for the | 46887 |
| program, the director of health shall approve an applicant for | 46888 |
| participation in the program on finding in accordance with the | 46889 |
| priorities established under section 3702.88 of the Revised Code | 46890 |
| that the applicant is eligible for participation and is needed in | 46891 |
| a dental health resource shortage area. | 46892 |
| On approving an application, the director shall notify and | 46893 |
| enter into discussions with the applicant. The object of the | 46894 |
| discussions is to facilitate recruitment of the applicant to a | 46895 |
| site within a dental health resource shortage area at which, | 46896 |
| according to the priorities established under section 3702.88 of | 46897 |
|
the Revised
Code, the applicant is needed. | 46898 |
| 46899 | |
| 46900 | |
| 46901 | |
| 46902 | |
| 46903 | |
| 46904 |
| If the director and applicant agree on the applicant's | 46905 |
| placement at a particular site within a dental health resource | 46906 |
| shortage area, the applicant shall sign and deliver to the | 46907 |
| director a letter of intent agreeing to that placement. | 46908 |
| Sec. 3702.91. (A) An individual who has signed a letter of | 46909 |
| intent under section 3702.90 of the Revised Code may enter into a | 46910 |
| contract with the director of health for participation in the | 46911 |
|
dentist loan
repayment program. | 46912 |
| dentist's employer or other funding source may also be a party to | 46913 |
| the contract. | 46914 |
| (B) The contract shall include all of the following | 46915 |
| obligations: | 46916 |
| (1) The individual agrees to provide dental services in the | 46917 |
| dental health resource shortage area identified in the letter of | 46918 |
|
intent for at least
| 46919 |
| (2) When providing dental services in the dental health | 46920 |
| resource shortage area, the individual agrees to do all of the | 46921 |
| following: | 46922 |
| (a) Provide dental services for a minimum of forty hours per | 46923 |
| week; | 46924 |
| (b) Provide dental services without regard to a patient's | 46925 |
| ability to pay; | 46926 |
| (c) Meet the conditions prescribed by the "Social Security | 46927 |
| Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, and the | 46928 |
| department of job and family services for participation in the | 46929 |
| medicaid program established under Chapter 5111. of the Revised | 46930 |
| Code and enter into a contract with the department to provide | 46931 |
| dental services to medicaid recipients. | 46932 |
| (3) The department of health agrees, as provided in section | 46933 |
| 3702.85 of the Revised Code, to repay, so long as the individual | 46934 |
| performs the service obligation agreed to under division (B)(1) | 46935 |
| of this section, all or part of the principal and interest of a | 46936 |
| government or other educational loan taken by the individual for | 46937 |
|
expenses described in section 3702.85
of the
Revised Code | 46938 |
| 46939 |
| (4) The individual agrees to pay the department of health | 46940 |
| 46941 | |
| under section 3702.86 of the Revised Code, if the individual fails | 46942 |
| to complete the service obligation agreed to under division | 46943 |
|
(B)(1) of
this
section | 46944 |
| | 46945 |
| 46946 | |
| 46947 |
| | 46948 |
| 46949 | |
| 46950 |
| (C) The contract may include any other terms agreed upon by | 46951 |
|
the parties | 46952 |
| 46953 | |
| 46954 | |
| 46955 | |
| 46956 | |
| 46957 | |
| 46958 | |
| 46959 |
| (D) Not later than the thirty-first day of January of each | 46960 |
| year, the department of health shall mail to each individual to | 46961 |
| whom or on whose behalf repayment is made under the dentist loan | 46962 |
| repayment program a statement showing the amount of principal and | 46963 |
| interest repaid by the department pursuant to the contract in the | 46964 |
| preceding year. The statement shall be sent by ordinary mail with | 46965 |
| address correction and forwarding requested in the manner | 46966 |
| prescribed by the United States postal service. | 46967 |
| Sec. 3702.92. There is hereby created the dentist loan | 46968 |
| repayment advisory board. The board shall consist of the following | 46969 |
| members: | 46970 |
| (A) | 46971 |
| one from each political party, appointed by the speaker of the | 46972 |
| house of representatives; | 46973 |
| (B) | 46974 |
| political party, appointed by the president of the senate; | 46975 |
| (C) A representative of the board of regents, appointed by | 46976 |
| the chancellor; | 46977 |
| (D) The director of health or an employee of the department | 46978 |
| of health designated by the director; | 46979 |
| (E) | 46980 |
| appointed by the governor from persons nominated by the Ohio | 46981 |
| dental association. | 46982 |
| Terms of office of the appointed members shall be two years, | 46983 |
| with each term commencing on the twenty-eighth day of January and | 46984 |
| ending on the twenty-seventh day of January of the second year | 46985 |
|
after appointment. The governor | 46986 |
| 46987 | |
| 46988 | |
| 46989 | |
| 46990 | |
| 46991 | |
| 46992 | |
| 46993 | |
| 46994 | |
| make each of their respective appointments not later than the | 46995 |
| twenty-seventh day of January of the year in which the term of the | 46996 |
| member being appointed is to commence. Each member shall hold | 46997 |
| office from the date of appointment until the end of the term for | 46998 |
| which the member was appointed, except that a legislative member | 46999 |
| ceases to be a member of the board on ceasing to be a member of | 47000 |
| the general assembly. No person shall be appointed to the board | 47001 |
| for more than two consecutive terms. | 47002 |
| Vacancies shall be filled in the manner prescribed for the | 47003 |
| original appointment. A member appointed to fill a vacancy | 47004 |
| occurring prior to the expiration of the term for which the | 47005 |
| member's predecessor was appointed shall hold office for the | 47006 |
| remainder of that term. A member shall continue in office | 47007 |
| subsequent to the expiration of the member's term until a | 47008 |
| successor takes office or until sixty days have elapsed, whichever | 47009 |
|
occurs first. | 47010 |
| 47011 | |
| 47012 | |
| 47013 | |
| 47014 | |
| 47015 |
| The governor, speaker, or president may remove a member for | 47016 |
| whom the governor, speaker, or president was the appointing | 47017 |
| authority, for misfeasance, malfeasance, or willful neglect of | 47018 |
| duty. | 47019 |
| The board shall designate a member to serve as chairperson of | 47020 |
| the board. | 47021 |
| The board shall meet at least once annually. The chairperson | 47022 |
| shall call special meetings as needed or upon the request of four | 47023 |
| members. | 47024 |
| | 47025 |
| and vote on all business coming before the board. | 47026 |
| Members of the board shall serve without compensation | 47027 |
| 47028 | |
| 47029 |
| The department of health shall provide the board with staff | 47030 |
| assistance as requested by the board. | 47031 |
| Sec. 3702.93. The dentist loan repayment advisory board shall | 47032 |
| determine the amounts that will be paid as loan repayments on | 47033 |
|
behalf of participants in the dentist loan repayment program. | 47034 |
| In the first and second years, no
repayment shall exceed | 47035 |
| twenty-five thousand dollars in | 47036 |
| the third and fourth years, no repayment shall exceed thirty-five | 47037 |
| thousand dollars in each year. If, however, a repayment results in | 47038 |
| an increase in the participant's federal, state, or local income | 47039 |
| tax liability, the department of health, at the participant's | 47040 |
| request and with the approval of the director of health, may | 47041 |
| reimburse the participant for the increased tax liability, | 47042 |
|
regardless of the
amount of the
repayment in that year. | 47043 |
| 47044 | |
| 47045 |
| Sec. 3702.94. The dentist loan repayment advisory board, | 47046 |
| annually on or before the first day of March, shall submit a | 47047 |
| report to the governor and general assembly describing the | 47048 |
| operations of the dentist loan repayment program during the | 47049 |
| previous calendar year. The report shall include information about | 47050 |
| all of the following: | 47051 |
| (A) The number of requests received by the director of health | 47052 |
| that a particular area be designated as a dental health resource | 47053 |
| shortage area; | 47054 |
| (B) The areas that have been designated as dental health | 47055 |
| resource shortage areas and the priorities that have been assigned | 47056 |
| to them; | 47057 |
| (C) The number of applicants for participation in the dentist | 47058 |
| loan repayment program; | 47059 |
| (D) The number of dentists assigned to dental health resource | 47060 |
| shortage areas and the payments made on behalf of those dentists | 47061 |
| under the dentist loan repayment program; | 47062 |
| (E) The dental health resource shortage areas that have not | 47063 |
| been matched with all of the dentists they need; | 47064 |
| (F) The number of dentists failing to complete their service | 47065 |
| obligations, the amount of damages owed, and the amount of damages | 47066 |
| collected. | 47067 |
| Sec. 3704.14. (A) | 47068 |
| 47069 | |
| 47070 | |
| 47071 | |
| 47072 | |
| 47073 | |
| 47074 | |
| 47075 | |
| If the governor determines that the implementation of a motor | 47076 |
| vehicle inspection and maintenance program is necessary for the | 47077 |
| state to effectively comply with the requirements of the federal | 47078 |
| Clean Air Act after June 30, 2009, the governor, by executive | 47079 |
| order, may provide for the implementation of the program in those | 47080 |
| counties in this state in which such a program is in operation on | 47081 |
| January 1, 2009, pursuant to a federal mandate by ordering the | 47082 |
| director of administrative services to extend the terms of the | 47083 |
| contract that was entered into under the authority of Section 7 | 47084 |
| of Am. Sub. H.B. 24 of the 127th general assembly. Upon receiving | 47085 |
| the order, the director of administrative services shall extend | 47086 |
| the contract, beginning on July 1, 2009, in accordance with this | 47087 |
| section. The contract shall be extended for a period of up to six | 47088 |
| months with the contractor who conducted the motor vehicle | 47089 |
| inspection and maintenance program under that contract. | 47090 |
| (2) Prior to the expiration of the contract extension that is | 47091 |
| ordered under division (A)(1) of this section by the governor, the | 47092 |
| governor, by executive order, may order the director of | 47093 |
| administrative services to enter into a contract with a vendor to | 47094 |
| operate a motor vehicle inspection and maintenance program in each | 47095 |
| county in this state in which such a program is in operation on | 47096 |
| January 1, 2009, pursuant to a federal mandate. The contract shall | 47097 |
| provide for the operation of the program through June 30, 2011. | 47098 |
| The contract also shall include an option for the state to renew | 47099 |
| the contract through June 30, 2012. However, the option to renew | 47100 |
| the contract shall require the governor to issue an executive | 47101 |
| order authorizing such a renewal. The director of administrative | 47102 |
| services shall select a vendor through a competitive selection | 47103 |
| process in compliance with Chapter 125. of the Revised Code. | 47104 |
| (3)Notwithstanding any law to the contrary, the director of | 47105 |
| administrative services shall ensure that a competitive selection | 47106 |
| process regarding a contract to operate a motor vehicle inspection | 47107 |
| and maintenance program in this state incorporates the following | 47108 |
| elements, which shall be included in the contract: | 47109 |
| (a) A requirement that the vendor selected to operate the | 47110 |
| program provide notification of the program's requirements to each | 47111 |
| owner of a motor vehicle that is required to be inspected under | 47112 |
| the program. The contract shall require the notification to be | 47113 |
| provided not later than sixty days prior to the date by which the | 47114 |
| owner of the motor vehicle is required to have the motor vehicle | 47115 |
| inspected. The director of environmental protection and the vendor | 47116 |
| shall jointly agree on the content of the notice. However, the | 47117 |
| notice shall include at a minimum the locations of all inspection | 47118 |
| facilities within a specified distance of the address that is | 47119 |
| listed on the owner's motor vehicle registration. | 47120 |
| (b) A requirement that the vendor selected to operate the | 47121 |
| program spend not more than five hundred thousand dollars over the | 47122 |
| term of the contract for public education regarding the locations | 47123 |
| at which motor vehicle inspections will be conducted; | 47124 |
| (c) A requirement that the vendor selected to operate the | 47125 |
| program acquire all facilities that were previously utilized for | 47126 |
| motor vehicle emissions inspections via arm's-length transactions | 47127 |
| at the discretion of the interested parties if the vendor chooses | 47128 |
| to utilize those inspection facilities for purposes of the | 47129 |
| contract. The competitive selection process shall not include a | 47130 |
| requirement that a vendor pay book value for such facilities. | 47131 |
| (d) A requirement that the motor vehicle inspection and | 47132 |
| maintenance program utilize established local businesses, such as | 47133 |
| existing motor vehicle repair facilities, for the purpose of | 47134 |
| expanding the number of inspection facilities for consumer | 47135 |
| convenience and increased local business participation. | 47136 |
| (4) Any competitive selection process that is or has been | 47137 |
| initiated for purposes of a new contract to operate a motor | 47138 |
| vehicle inspection and maintenance program in this state shall | 47139 |
| comply with division (A)(3) of this section. | 47140 |
| (5) A motor vehicle inspection and maintenance program | 47141 |
| operated under this section shall comply with division (B) of this | 47142 |
| section. The director of environmental protection shall administer | 47143 |
| the motor vehicle inspection and maintenance program operated | 47144 |
| under this section. | 47145 |
| (B) The motor vehicle inspection and maintenance program | 47146 |
| authorized by this section, at a minimum, shall do all of the | 47147 |
| following: | 47148 |
| (1) Comply with the federal Clean Air Act; | 47149 |
|
(2) | 47150 |
| 47151 | |
| 47152 | |
| 47153 | |
| 47154 | |
| 47155 | |
| 47156 | |
| 47157 |
| | 47158 |
| | 47159 |
| four years old or newer and provide that a new motor vehicle is | 47160 |
| exempt for four years regardless of whether legal title to the | 47161 |
| motor vehicle is transferred during that period. | 47162 |
| | 47163 |
| 47164 | |
| 47165 | |
| 47166 | |
| maintenance program shall not be implemented in any county in | 47167 |
| which such a program is not authorized under division (A) of this | 47168 |
| section without the approval of the general assembly through the | 47169 |
| enactment of legislation. Further, a motor vehicle inspection and | 47170 |
| maintenance program shall not be implemented in any county beyond | 47171 |
| June 30, 2012, without the approval of the general assembly | 47172 |
| through the enactment of legislation. | 47173 |
| | 47174 |
| rules in accordance with Chapter 119. of the Revised Code that | 47175 |
| the director determines are necessary to implement this section. | 47176 |
| The director may continue to implement and enforce rules | 47177 |
|
pertaining to the | 47178 |
| maintenance program previously implemented under former section | 47179 |
| 3704.14 of the Revised Code as that section existed prior to its | 47180 |
| repeal and reenactment by Am. Sub. H.B. 66 of the 126th general | 47181 |
| assembly, provided that the rules do not conflict with this | 47182 |
| section. | 47183 |
| | 47184 |
| 47185 | |
| which shall consist of money received by the director from any | 47186 |
| 47187 | |
| transfers, state and local grants, and other contributions that | 47188 |
| are received for the purpose of funding the program established | 47189 |
| under this section. The director of environmental protection | 47190 |
| shall use money in the fund solely for the implementation, | 47191 |
| supervision, administration, operation, and enforcement of the | 47192 |
| 47193 | |
| established under this section. Money in the fund shall not be | 47194 |
| used for either of the following: | 47195 |
| (1) To pay for the inspection costs incurred by a motor | 47196 |
| vehicle dealer so that the dealer may provide inspection | 47197 |
| certificates to an individual purchasing a motor vehicle from the | 47198 |
| dealer when that individual resides in a county that is subject to | 47199 |
| the motor vehicle inspection and maintenance program; | 47200 |
| (2) To provide payment for more than one free passing | 47201 |
| emissions inspection or a total of three emissions inspections for | 47202 |
| a motor vehicle in any three-hundred-sixty-five day period. The | 47203 |
| owner or lessee of a motor vehicle is responsible for inspection | 47204 |
| fees that are related to emissions inspections beyond one free | 47205 |
| passing emissions inspection or three total emissions inspections | 47206 |
| in any three-hundred-sixty-five day period. Inspection fees that | 47207 |
| are charged by a contractor conducting emissions inspections under | 47208 |
| a motor vehicle inspection and maintenance program shall be | 47209 |
| approved by the director of environmental protection. | 47210 |
| | 47211 |
|
program established under this section expires | 47212 |
| 47213 | |
|
this section and shall not be | 47214 |
| the final date | 47215 |
| termination occurs. | 47216 |
| (G)(1) Notwithstanding the provisions of this section, it is | 47217 |
| the intent of the general assembly that the motor vehicle | 47218 |
| inspection and maintenance program that was in operation pursuant | 47219 |
| to the federal Clean Air Act on January 1, 2009, in certain | 47220 |
| counties of this state pursuant to a contract that is scheduled to | 47221 |
| expire June 30, 2009, not be extended beyond that date in those | 47222 |
| counties. However, if the governor determines that the | 47223 |
| continuation of the program in those counties is necessary to | 47224 |
| comply with federal law, the governor shall issue executive orders | 47225 |
| extending the program in accordance with this section. All | 47226 |
| executive orders issued under this section shall include | 47227 |
| provisions providing the authority that is necessary for the | 47228 |
| director of environmental protection to establish decentralized | 47229 |
| approaches that meet federal performance standards. | 47230 |
| (2) Upon the issuance of any executive order under this | 47231 |
| section, the governor shall notify the general assembly in writing | 47232 |
| of the governor's decision to issue the executive order. | 47233 |
| (3) It is the intent of the general assembly that a tailpipe | 47234 |
| motor vehicle inspection and maintenance program not be | 47235 |
| implemented in any county in the state. Moreover, it is the intent | 47236 |
| of the general assembly that, if a motor vehicle-based ozone | 47237 |
| testing program is mandated by federal law for counties in the | 47238 |
| northeastern portion of the state, a tailpipe motor vehicle | 47239 |
| inspection and maintenance program not be implemented and that an | 47240 |
| onboard diagnostics only inspection and gas-cap testing program be | 47241 |
| utilized to satisfy any federal requirements for vehicle emissions | 47242 |
| testing. | 47243 |
| (H) Not later than thirty days after the effective date of | 47244 |
| this amendment and on the first day of January of each subsequent | 47245 |
| year, the director of environmental protection shall request the | 47246 |
| United States environmental protection agency to provide the | 47247 |
| director a list of alternative approaches to meet federal | 47248 |
| performance standards and program changes that this state may | 47249 |
| employ to comply with the federal Clean Air Act in lieu of the | 47250 |
| implementation of a motor vehicle inspection and maintenance | 47251 |
| program. Based on the information received from the United States | 47252 |
| environmental protection agency, the director shall prepare a | 47253 |
| report concerning those alternative approaches. The director shall | 47254 |
| issue the report and provide it to the general assembly not later | 47255 |
| than thirty days after receiving the list of alternative | 47256 |
| approaches from the United States environmental protection agency. | 47257 |
| Sec. 3704.144. Gifts, grants, and contributions for the | 47258 |
| purpose of adding pollution control equipment to diesel-powered | 47259 |
| school buses, including contributions that are made pursuant to | 47260 |
| the settlement of an administrative action or civil action that is | 47261 |
| brought at the request of the director of environmental protection | 47262 |
| pursuant to Chapter 3704., 3714., 3734., 6109., or 6111. of the | 47263 |
| Revised Code, shall be credited to the clean diesel school bus | 47264 |
| fund, which is hereby created in the state treasury. The director | 47265 |
| shall use money credited to the fund to make grants to school | 47266 |
| districts in the state and to county boards of mental retardation | 47267 |
| and developmental disabilities for the purpose of adding pollution | 47268 |
| control equipment to diesel-powered school buses and to pay the | 47269 |
| environmental protection agency's costs incurred in administering | 47270 |
| this section. In addition, the director may use money credited to | 47271 |
| the fund to make grants to school districts and to county boards | 47272 |
| of mental retardation and developmental disabilities for the | 47273 |
| purpose of maintaining pollution control equipment that is | 47274 |
| installed on diesel-powered school buses and to pay the additional | 47275 |
| cost incurred by a school district or a county board for using | 47276 |
| ultra-low sulfur diesel fuel instead of diesel fuel for the | 47277 |
| operation of diesel-powered school buses. | 47278 |
| In making grants under this section, the director shall give | 47279 |
| priority to school districts and to county boards of mental | 47280 |
| retardation and developmental disabilities that are located in a | 47281 |
| county that is designated as nonattainment by the United States | 47282 |
| environmental protection agency for the fine particulate national | 47283 |
| ambient air quality standard under the federal Clean Air Act. In | 47284 |
| addition, the director may give a higher priority to a school | 47285 |
| district or a county board of mental retardation and developmental | 47286 |
| disabilities that employs additional measures that reduce air | 47287 |
| pollution from the district's or the county board's school bus | 47288 |
| fleet. | 47289 |
| The director shall adopt rules establishing procedures and | 47290 |
| requirements that are necessary to implement this section, | 47291 |
| including procedures and requirements governing applications for | 47292 |
| grants. | 47293 |
| Sec. 3705.03. (A) The director of health shall designate the | 47294 |
| state registrar, who shall head the office of vital statistics | 47295 |
| and do all of the following: | 47296 |
| (1) Administer and enforce this chapter, the rules issued | 47297 |
| under this chapter, and the instructions of the director for the | 47298 |
| efficient administration of the system of vital statistics; | 47299 |
| (2) Direct and supervise the system of vital statistics and | 47300 |
| be custodian of the vital records; | 47301 |
| (3) Direct, supervise, and control the activities of all | 47302 |
| persons engaged in activities governed by this chapter; | 47303 |
| (4) Conduct training programs to promote uniformity of policy | 47304 |
| and procedures throughout the state in matters pertaining to the | 47305 |
| system of vital statistics; | 47306 |
| (5) Comply with the requirements in section 3705.031 of the | 47307 |
| Revised Code. | 47308 |
| (B) To preserve vital records, the state registrar may | 47309 |
| prepare a typewritten, photographic, electronic, or other | 47310 |
| reproduction of certificates or reports in the office of vital | 47311 |
| statistics. These reproductions, when certified by the director or | 47312 |
| state registrar, shall be accepted as the original records. The | 47313 |
| documents from which the reproductions have been made and verified | 47314 |
| may be disposed of as provided by rules that shall be adopted by | 47315 |
| the director. | 47316 |
| Sec. 3705.031. (A) Once each calendar month, the state | 47317 |
| registrar shall review all death certificates the state registrar | 47318 |
| receives, pursuant to section 3705.07 of the Revised Code, from | 47319 |
| each local registrar of vital statistics in this state, and from a | 47320 |
| vital statistics official in another state, in the preceding | 47321 |
| calendar month. The state registrar shall identify those death | 47322 |
| certificates that pertain to individuals who were at least | 47323 |
| eighteen years of age at the time of death. | 47324 |
| (B) From each death certificate identified pursuant to | 47325 |
| division (A) of this section, the registrar shall determine the | 47326 |
| following information: | 47327 |
| (1) The decedent's name; | 47328 |
| (2) The decedent's date of birth; | 47329 |
| (3) The decedent's date of death; | 47330 |
| (4) The decedent's age on the date of death; | 47331 |
| (5) The address of the decedent's residence on the date of | 47332 |
| death; | 47333 |
| (6) The county and state in which the decedent's residence on | 47334 |
| the date of death was located. | 47335 |
| (C) Not later than the end of the calendar month in which a | 47336 |
| review under division (A) of this section occurs, the state | 47337 |
| registrar shall file with each county auditor and county board of | 47338 |
| elections in this state a report that summarizes the information | 47339 |
| in divisions (B)(1) to (6) of this section for each decedent whose | 47340 |
| residence was located in that county. | 47341 |
| Sec. 3706.25. As used in sections 3706.25 to 3706.30 of the | 47342 |
| Revised Code: | 47343 |
| (A) "Advanced energy project" means any technologies, | 47344 |
| products, activities, or management practices or strategies that | 47345 |
| facilitate the generation or use of electricity or energy and that | 47346 |
| reduce or support the reduction of energy consumption or support | 47347 |
| the production of clean, renewable energy for industrial, | 47348 |
| distribution, commercial, institutional, governmental, research, | 47349 |
| not-for-profit, or residential energy users including, but not | 47350 |
| limited to, advanced energy resources and renewable energy | 47351 |
| resources. "Advanced energy project" includes any project | 47352 |
| described in division (A), (B), or (C) of section 4928.621 of the | 47353 |
| Revised Code. | 47354 |
| (B) "Advanced energy resource" means any of the following: | 47355 |
| (1) Any method or any modification or replacement of any | 47356 |
| property, process, device, structure, or equipment that increases | 47357 |
| the generation output of an electric generating facility to the | 47358 |
| extent such efficiency is achieved without additional carbon | 47359 |
| dioxide emissions by that facility; | 47360 |
| (2) Any distributed generation system consisting of customer | 47361 |
| cogeneration of electricity and thermal output simultaneously, | 47362 |
| primarily to meet the energy needs of the customer's facilities; | 47363 |
| (3) Advanced nuclear energy technology consisting of | 47364 |
| generation III technology as defined by the nuclear regulatory | 47365 |
| commission; other, later technology; or significant improvements | 47366 |
| to existing facilities; | 47367 |
| (4) Any fuel cell used in the generation of electricity, | 47368 |
| including, but not limited to, a proton exchange membrane fuel | 47369 |
| cell, phosphoric acid fuel cell, molten carbonate fuel cell, or | 47370 |
| solid oxide fuel cell; | 47371 |
| (5) Advanced solid waste or construction and demolition | 47372 |
| debris conversion technology, including, but not limited to, | 47373 |
| advanced stoker technology, and advanced fluidized bed | 47374 |
| gasification technology, that results in measurable greenhouse | 47375 |
| gas emissions reductions as calculated pursuant to the United | 47376 |
| States environmental protection agency's waste reduction model | 47377 |
| (WARM). | 47378 |
| (C) "Renewable energy resource" means solar photovoltaic or | 47379 |
| solar thermal energy, wind energy, power produced by a | 47380 |
| hydroelectric facility, geothermal energy, fuel derived from | 47381 |
| solid wastes, as defined in section 3734.01 of the Revised Code, | 47382 |
| through fractionation, biological decomposition, or other | 47383 |
| process that does not principally involve combustion, biomass | 47384 |
| energy, biologically derived methane gas, or energy derived | 47385 |
| from nontreated by-products of the pulping process or wood | 47386 |
| manufacturing process, including bark, wood chips, sawdust, | 47387 |
| and lignin in spent pulping liquors. "Renewable energy | 47388 |
| resource" includes, but is not limited to, any fuel cell used | 47389 |
| in the generation of electricity, including, but not limited | 47390 |
| to, a proton exchange membrane fuel cell, phosphoric acid fuel | 47391 |
| cell, molten carbonate fuel cell, or solid oxide fuel cell; wind | 47392 |
| turbine located in the state's territorial waters of Lake Erie; | 47393 |
| methane gas emitted from an abandoned coal mine; storage | 47394 |
| facility that will promote the better utilization of a renewable | 47395 |
| energy resource that primarily generates off peak; or | 47396 |
| distributed generation system used by a customer to generate | 47397 |
| electricity from any such energy. As used in this division, | 47398 |
| "hydroelectric facility" means a hydroelectric generating | 47399 |
| facility that is located at a dam on a river, or on any water | 47400 |
| discharged to a river, that is within or bordering this state | 47401 |
| or within or bordering an adjoining state and meets all of the | 47402 |
| following standards: | 47403 |
| (1) The facility provides for river flows that are not | 47404 |
| detrimental for fish, wildlife, and water quality, including | 47405 |
| seasonal flow fluctuations as defined by the applicable licensing | 47406 |
| agency for the facility. | 47407 |
| (2) The facility demonstrates that it complies with the | 47408 |
| water quality standards of this state, which compliance may | 47409 |
| consist of certification under Section 401 of the "Clean Water | 47410 |
| Act of 1977," 91 Stat. 1598, 1599, 33 U.S.C. 1341, and | 47411 |
| demonstrates that it has not contributed to a finding by this | 47412 |
| state that the river has impaired water quality under Section | 47413 |
| 303(d) of the "Clean Water Act of 1977," 114 Stat. 870, 33 | 47414 |
| U.S.C. 1313. | 47415 |
| (3) The facility complies with mandatory prescriptions | 47416 |
| regarding fish passage as required by the federal energy | 47417 |
| regulatory commission license issued for the project, regarding | 47418 |
| fish protection for riverine, anadromous, and catadromus fish. | 47419 |
| (4) The facility complies with the recommendations of the | 47420 |
| Ohio environmental protection agency and with the terms of its | 47421 |
| federal energy regulatory commission license regarding watershed | 47422 |
| protection, mitigation, or enhancement, to the extent of each | 47423 |
| agency's respective jurisdiction over the facility. | 47424 |
| (5) The facility complies with provisions of the "Endangered | 47425 |
| Species Act of 1973," 87 Stat. 884, 16 U.S.C. 1531 to 1544, as | 47426 |
| amended. | 47427 |
| (6) The facility does not harm cultural resources of the | 47428 |
| area. This can be shown through compliance with the terms of its | 47429 |
| federal energy regulatory commission license or, if the facility | 47430 |
| is not regulated by that commission, through development of a plan | 47431 |
| approved by the Ohio historic preservation office, to the extent | 47432 |
| it has jurisdiction over the facility. | 47433 |
| (7) The facility complies with the terms of its federal | 47434 |
| energy regulatory commission license or exemption that are related | 47435 |
| to recreational access, accommodation, and facilities or, if the | 47436 |
| facility is not regulated by that commission, the facility | 47437 |
| complies with similar requirements as are recommended by | 47438 |
| resource agencies, to the extent they have jurisdiction over the | 47439 |
| facility; and the facility provides access to water to the | 47440 |
| public without fee or charge. | 47441 |
| (8) The facility is not recommended for removal by any | 47442 |
| federal agency or agency of any state, to the extent the | 47443 |
| particular agency has jurisdiction over the facility. | 47444 |
| Sec. 3707.26. | 47445 |
| in its judgment necessary, the board of health of a city or | 47446 |
| general health district shall inspect the sanitary condition of | 47447 |
| all schools and school buildings within its jurisdiction, and may | 47448 |
| disinfect any school building. During an epidemic or threatened | 47449 |
| epidemic, or when a dangerous communicable disease is unusually | 47450 |
|
prevalent, | 47451 |
| 47452 | |
| prohibit public gatherings for such time as is necessary. | 47453 |
| | 47454 |
| 47455 | |
| 47456 | |
| 47457 | |
| 47458 | |
| 47459 | |
| 47460 | |
| 47461 |
| Sec. 3712.03. (A) In accordance with Chapter 119. of the | 47462 |
| Revised Code, the public health council shall adopt, and may amend | 47463 |
| and rescind, rules: | 47464 |
| (1) Providing for the licensing of persons or public agencies | 47465 |
| providing hospice care programs within this state by the | 47466 |
| department of health and for the suspension and revocation of | 47467 |
| licenses; | 47468 |
| (2) Establishing a license fee and license renewal fee | 47469 |
| 47470 | |
|
this section, exceed | 47471 |
| cover the three-year period during which an existing license is | 47472 |
| valid as provided in division (B) of section 3712.04 of the | 47473 |
| Revised Code. | 47474 |
| (3) Establishing an inspection fee not to exceed, except as | 47475 |
| provided in division (B) of this section, one thousand seven | 47476 |
| hundred fifty dollars; | 47477 |
| (4) Establishing requirements for hospice care program | 47478 |
| facilities and services; | 47479 |
| (5) Providing for a waiver of the requirement for the | 47480 |
| provision of physical, occupational, or speech or language therapy | 47481 |
| contained in division (A)(2) of section 3712.01 of the Revised | 47482 |
| Code when the requirement would create a hardship because such | 47483 |
| therapy is not readily available in the geographic area served by | 47484 |
| the provider of a hospice care program; | 47485 |
| (6) Providing for the granting of licenses to provide hospice | 47486 |
| care programs to persons and public agencies that are accredited | 47487 |
| or certified to provide such programs by an entity whose standards | 47488 |
| for accreditation or certification equal or exceed those provided | 47489 |
|
for licensure under this chapter and rules
adopted under it; | 47490 |
| (7) Establishing interpretive guidelines for each rule. | 47491 |
| (B) Subject to the approval of the controlling board, the | 47492 |
| public health council may establish fees in excess of the maximum | 47493 |
|
amounts
| 47494 |
| 47495 | |
| not exceed those amounts by greater than fifty per cent. | 47496 |
| (C) The department of health shall: | 47497 |
| (1) Grant, suspend, and revoke licenses for hospice care | 47498 |
| programs in accordance with this chapter and rules adopted under | 47499 |
| it; | 47500 |
| (2) Make such inspections as are necessary to determine | 47501 |
| whether hospice care program facilities and services meet the | 47502 |
| requirements of this chapter and rules adopted under it; and | 47503 |
| (3) Implement and enforce this chapter and rules adopted | 47504 |
| under it. | 47505 |
| Sec. 3714.01. As used in this chapter: | 47506 |
| (A) "Board of health" means the board of health of a city or | 47507 |
| general health district or the authority having the duties of a | 47508 |
| board of health in any city as authorized by section 3709.05 of | 47509 |
| the Revised Code. | 47510 |
| (B) "Closure" means either the time at which a construction | 47511 |
| and demolition debris facility will no longer accept construction | 47512 |
| and demolition debris for disposal or the effective date of an | 47513 |
| order revoking the license of the facility. "Closure" includes | 47514 |
| measures performed to protect public health or safety, to prevent | 47515 |
| air or water pollution, or to make the facility suitable for other | 47516 |
| uses, if any, including, without limitation, the establishment and | 47517 |
| maintenance of suitable cover of soil and vegetation over areas | 47518 |
| where construction and demolition debris is buried and the | 47519 |
| minimization of erosion, the infiltration of surface water into | 47520 |
| such areas, the production of leachate, and the accumulation and | 47521 |
| runoff of contaminated surface water. | 47522 |
| (C) "Construction and demolition debris" means those | 47523 |
| materials resulting from the alteration, construction, | 47524 |
| destruction, rehabilitation, or repair of any physical structure | 47525 |
| that is built by humans, including, without limitation, houses, | 47526 |
| buildings, industrial or commercial facilities, or roadways. | 47527 |
| "Construction and demolition debris" includes particles and dust | 47528 |
| created during demolition activities. "Construction and demolition | 47529 |
| debris" does not include materials identified or listed as solid | 47530 |
| wastes or hazardous waste pursuant to Chapter 3734. of the Revised | 47531 |
| Code and rules adopted under it; materials from mining operations, | 47532 |
| nontoxic fly ash, spent nontoxic foundry sand, and slag; or | 47533 |
| reinforced or nonreinforced concrete, asphalt, building or paving | 47534 |
| brick, or building or paving stone that is stored for a period of | 47535 |
| less than two years for recycling into a usable construction | 47536 |
| material. | 47537 |
| (D) "Disposal" means the discharge, deposit, injection, | 47538 |
| dumping, spilling, leaking, emitting, or placing of any | 47539 |
| construction and demolition debris into or on any land or ground | 47540 |
| or surface water or into the air, except if the disposition or | 47541 |
| placement constitutes storage. | 47542 |
| (E) "Facility" means any site, location, tract of land, | 47543 |
| installation, or building used for the disposal of construction | 47544 |
| and demolition debris. "Facility" does not include any | 47545 |
| construction site where construction debris and trees and brush | 47546 |
| removed in clearing the construction site are used as fill | 47547 |
| material on the site where the materials are generated or removed | 47548 |
| and does not include any site where materials composed exclusively | 47549 |
| of reinforced or nonreinforced concrete, asphalt, clay tile, | 47550 |
| building or paving brick, or building or paving stone are used as | 47551 |
| fill material, either alone or in conjunction with clean soil, | 47552 |
| sand, gravel, or other clean aggregates, in legitimate fill | 47553 |
| operations for construction purposes or to bring the site up to a | 47554 |
| consistent grade. | 47555 |
| (F) "Health district" means a city or general health district | 47556 |
| created by or under the authority of Chapter 3709. of the Revised | 47557 |
| Code. | 47558 |
| (G) "New construction and demolition debris facility" or "new | 47559 |
| facility" means a facility applying for an initial permit to | 47560 |
|
install after December 22, 2005, and also includes | 47561 |
| facility in existence on December 22, 2005, that is proposing to | 47562 |
| horizontally expand the facility beyond the | 47563 |
| 47564 | |
| 47565 | |
| 47566 | |
| owner or operator of the facility as of December 22, 2005. "New | 47567 |
| construction and demolition debris facility" or "new facility" | 47568 |
| also includes a facility for which an initial permit to install | 47569 |
| has been issued after December 22, 2005, for which there is a | 47570 |
| proposal to horizontally expand the limits of construction and | 47571 |
| demolition debris placement beyond the limits approved in the | 47572 |
| initial permit to install. "New construction and demolition debris | 47573 |
| facility" or "new facility" does not include a facility for which | 47574 |
| there is a proposal to vertically expand the limits of | 47575 |
| construction and demolition debris placement approved for the | 47576 |
| facility under this chapter and rules adopted under it. | 47577 |
| (H) "Person" includes the state, any political subdivision of | 47578 |
| the state or other state or local body, the United States and any | 47579 |
| agency or instrumentality thereof, and any legal entity or | 47580 |
| organization defined as a person under section 1.59 of the Revised | 47581 |
| Code. | 47582 |
| (I) "Pulverized debris" means a load of debris that | 47583 |
| 47584 | |
| 47585 | |
|
or
| 47586 |
| acceptance for disposal to such an extent that the majority of the | 47587 |
|
load of debris | 47588 |
| resulting from construction and demolition debris activities. | 47589 |
| (J) "Qualified ground water scientist" means a scientist or | 47590 |
| engineer who has received a baccalaureate or post-graduate degree | 47591 |
| in the natural sciences or engineering and has at least five years | 47592 |
| of relevant experience in ground water hydrogeology and related | 47593 |
| fields that enable that individual to make sound professional | 47594 |
| judgments regarding ground water monitoring, contaminant fate and | 47595 |
| transport, and corrective measures. | 47596 |
| (K) "Storage" means the holding of construction and | 47597 |
| demolition debris for a temporary period in such a manner that it | 47598 |
| remains retrievable and substantially unchanged and, at the end of | 47599 |
| the period, is disposed of or reused or recycled in a beneficial | 47600 |
| manner. | 47601 |
| (L) "Transfer facility" means a site, location, tract of | 47602 |
| land, installation, or building that is primarily used or intended | 47603 |
| to be used for the purpose of transferring construction and | 47604 |
| demolition debris that was generated off the premises of the | 47605 |
| facility from vehicles or containers into other vehicles or | 47606 |
| containers for transportation to a construction and demolition | 47607 |
| debris facility. | 47608 |
| Sec. 3714.011. The director of environmental protection, in | 47609 |
| accordance with section 121.13 of the Revised Code, shall appoint | 47610 |
| and convene an advisory board to advise the director with respect | 47611 |
| to the rules that the director is required to adopt under section | 47612 |
| 3714.02 of the Revised Code. The board shall include, without | 47613 |
| limitation, three representatives of construction and demolition | 47614 |
| debris facilities in the state, one of whom shall be the owner or | 47615 |
| operator of a licensed construction and demolition debris | 47616 |
| facility, and three representatives from health districts that are | 47617 |
| on the approved list under section 3714.09 of the Revised Code, | 47618 |
| each of whom shall represent a health district in which an | 47619 |
| existing licensed construction and demolition debris facility is | 47620 |
| located. | 47621 |
| Sec. 3714.02. The director of environmental protection, in | 47622 |
| accordance with Chapter 119. of the Revised Code and with the | 47623 |
| advice of the advisory board appointed under section 3714.011 of | 47624 |
|
the Revised Code,
shall adopt, and may amend and rescind, rules | 47625 |
| 47626 | |
| construction and demolition debris facilities and the inspection | 47627 |
| of and issuance of permits to install and licenses for those | 47628 |
| facilities. The rules shall ensure that the facilities will not | 47629 |
| create a nuisance, fire hazard, or health hazard or cause or | 47630 |
| contribute to air or water pollution. The rules shall establish | 47631 |
| all of the following: | 47632 |
| (A) Standards and procedures for the issuance of permits to | 47633 |
| install under section 3714.051 of the Revised Code that shall | 47634 |
| include all of the following: | 47635 |
| (1) Information that must be included in the designs and | 47636 |
| plans required to be submitted with the application for a permit | 47637 |
| to install under section 3714.051 of the Revised Code and criteria | 47638 |
| for approving, disapproving, or requiring modification of the | 47639 |
| designs and plans; | 47640 |
| (2) Information that must be included with an application for | 47641 |
| a permit to install in addition to the information required under | 47642 |
| section 3714.051 of the Revised Code; | 47643 |
| (3) Procedures for the issuance, denial, modification, | 47644 |
| transfer, suspension, and revocation of permits to install; | 47645 |
| (4) Grounds for the denial, modification, suspension, or | 47646 |
| revocation of permits to install; | 47647 |
| (5) A requirement that a person that is required to obtain | 47648 |
| both a permit to install under section 3714.051 of the Revised | 47649 |
| Code and a license under section 3714.06 of the Revised Code | 47650 |
| obtain both the permit and license prior to operation; | 47651 |
| (6) Criteria for establishing time periods after which a | 47652 |
| permit to install expires; | 47653 |
| (7) Any other requirements that the director determines | 47654 |
| necessary in order to establish the program for the issuance of | 47655 |
| permits to install under section 3714.051 of the Revised Code. | 47656 |
| (B) Standards for the design and construction of facilities. | 47657 |
| The standards may include, without limitation, requirements for | 47658 |
| diking around the areas where debris is buried to prevent runoff | 47659 |
| of surface water onto adjacent property. | 47660 |
| (C) Standards for control over access to facilities and for | 47661 |
| the operation of facilities, including, without limitation, | 47662 |
| standards for the compaction and covering of debris disposed of | 47663 |
| and standards regarding equipment used for the operation of | 47664 |
| facilities; | 47665 |
| (D) Criteria and procedures for granting authorization to the | 47666 |
| owner or operator of a facility to dispose of asbestos or | 47667 |
| asbestos-containing materials or products at the owner's or | 47668 |
| operator's facility; | 47669 |
| (E) Requirements for the installation of ground water | 47670 |
| monitoring wells and the monitoring of ground water quality at any | 47671 |
| facility where the operation of the facility threatens to | 47672 |
| contaminate ground water. The rules shall require that ground | 47673 |
| water monitoring be capable of determining impacts resulting from | 47674 |
| the operation of construction and demolition debris facilities. | 47675 |
| The rules also shall include provisions for ground water | 47676 |
| assessment and corrective actions for impacts to ground water. | 47677 |
| Further, the rules shall require that the owner or operator of a | 47678 |
| construction and demolition debris facility submit a monitoring | 47679 |
| report to the director or a board of health, as applicable, that | 47680 |
| has been prepared by a qualified ground water scientist and that | 47681 |
| includes all of the following: | 47682 |
| (1) A determination of any impacts to ground water from the | 47683 |
| migration of contaminants from the construction and demolition | 47684 |
| debris facility; | 47685 |
| (2) A list of the contaminants from the facility that may be | 47686 |
| causing contamination of ground water; | 47687 |
| (3) Recommendations for actions, if any are necessary, that | 47688 |
| should be taken to investigate or remediate the source of any | 47689 |
| ground water contamination. | 47690 |
| (F) Requirements for the monitoring and sampling of leachate. | 47691 |
| The rules adopted under division (F) of this section shall include | 47692 |
| all of the following: | 47693 |
| (1) A requirement that the owner or operator of a | 47694 |
| construction and demolition debris facility provide for sampling | 47695 |
| of leachate at least annually. However, the rules shall require | 47696 |
| that if leachate is recirculated through a facility, the leachate | 47697 |
| be sampled at least every calendar quarter. | 47698 |
| (2) A requirement that the owner or operator of a facility | 47699 |
| sample for at least seventy-seven parameters that the director | 47700 |
| shall establish in the rules, which shall include arsenic, copper, | 47701 |
| and chromium; | 47702 |
| (3) Requirements governing facilities that do not have a | 47703 |
| system for sampling leachate. The rules shall require that the | 47704 |
| owner or operator of such a facility monitor ground water in | 47705 |
| accordance with the rules adopted under division (E) of this | 47706 |
| section for the parameters established in the rules adopted under | 47707 |
| division (F)(2) of this section. | 47708 |
| (4) A requirement that a facility that monitors ground water | 47709 |
| and leachate add to the parameters monitored by the ground water | 47710 |
| monitoring system any parameter that is detected through the | 47711 |
| monitoring of leachate; | 47712 |
| (5) Requirements governing the reporting of leachate sampling | 47713 |
| data. The rules shall require that reports be submitted to the | 47714 |
| director and the applicable board of health. | 47715 |
| (G) Requirements respecting written, narrative plans for the | 47716 |
| operation of facilities. The rules shall require the owner or | 47717 |
| operator of a facility to use best management practices. In | 47718 |
| addition, the rules shall require as a part of the plan of | 47719 |
| operation of a facility the inclusion of the contingency plans | 47720 |
| required in rules adopted under division (H) of this section. | 47721 |
| (H) Requirements respecting contingency plans for effective | 47722 |
| action in response to fire or explosion at a facility or to | 47723 |
| hydrogen sulfide or other gases created by the operation of a | 47724 |
| facility that pose a nuisance, cause an offensive odor, or pose a | 47725 |
| threat to public health or safety or the environment; | 47726 |
| (I) Financial assurance requirements for the closure and | 47727 |
| post-closure care of facilities as follows: | 47728 |
| (1) The rules establishing the financial assurance | 47729 |
| requirements for the closure of facilities shall require that the | 47730 |
| owner or operator of a facility, before being issued an initial | 47731 |
| license for the facility under section 3714.06 of the Revised | 47732 |
| Code, submit a surety bond, a letter of credit, or other | 47733 |
| acceptable financial assurance, as specified by the director in | 47734 |
| the rules, in an amount determined by the director or the | 47735 |
| appropriate board of health, as applicable. The rules shall | 47736 |
| include a list of the activities for which financial assurance may | 47737 |
| be required. The rules shall allow the director or board of | 47738 |
| health, as applicable, to adjust the amount of a surety bond, a | 47739 |
| letter of credit, or other acceptable financial assurance in | 47740 |
| conjunction with the issuance of an annual license. However, the | 47741 |
| rules shall require that the amount of a surety bond, letter of | 47742 |
| credit, or other acceptable financial assurance for the closure of | 47743 |
| a facility be not less than thirteen thousand dollars per acre of | 47744 |
| land that has been or is being used for the disposal of | 47745 |
| construction and demolition debris. The rules shall require an | 47746 |
| explanation of the rationale for financial assurance amounts | 47747 |
| exceeding thirteen thousand dollars per acre. | 47748 |
| (2) The rules establishing the financial assurance | 47749 |
| requirements for the post-closure care of facilities shall address | 47750 |
| the maintenance of the facility, continuation of any required | 47751 |
| monitoring systems, and performance and maintenance of any | 47752 |
| specific requirements established in rules adopted under division | 47753 |
| (K) of this section or through a permit, license, or order of the | 47754 |
| director. The rules also shall allow the director or board of | 47755 |
| health, as applicable, to determine the amount of a surety bond, a | 47756 |
| letter of credit, or other acceptable financial assurance for the | 47757 |
| post-closure care of a facility based on a required cost estimate | 47758 |
| for the post-closure care of the facility. The rules shall require | 47759 |
| that the owner or operator of a facility provide post-closure | 47760 |
| financial assurance for a period of five years after the closure | 47761 |
| of a facility. However, the rules shall stipulate that | 47762 |
| post-closure care financial assurance may be extended beyond the | 47763 |
| five-year period if the extension of the post-closure care period | 47764 |
| is required under rules adopted under division (K) of this | 47765 |
| section. | 47766 |
| (J) Requirements for the closure of facilities. The | 47767 |
| requirements shall include minimum requirements for the closure of | 47768 |
| facilities and such additional requirements as are reasonably | 47769 |
| related to the location of the facility and the type and quantity | 47770 |
| of materials disposed of in the facility. The rules shall require | 47771 |
| that an owner or operator of a facility, upon the closure of the | 47772 |
| facility, file in the office of the county recorder of the county | 47773 |
| in which the facility is located a notice that the property was | 47774 |
| previously used as a construction and demolition debris facility. | 47775 |
| The rules shall require that the notice be filed in the same | 47776 |
| manner as a deed to the property. The rules shall require that the | 47777 |
| notice include an engineering drawing attachment showing the | 47778 |
| physical locations of debris placement, an indication of the | 47779 |
| volumes of debris, and an indication of the depth of the final | 47780 |
| cover material. | 47781 |
| (K) Requirements for the post-closure care of facilities for | 47782 |
| a period of five years after the closure of a facility. However, | 47783 |
| the rules shall require that the post-closure care period may be | 47784 |
| extended by order of the applicable board of health, the director, | 47785 |
| or a court of competent jurisdiction if conditions at a facility | 47786 |
| are impacting public health or safety or the environment or if | 47787 |
| ground water assessment and corrective measures are required to be | 47788 |
| conducted at the facility under rules adopted under division (E) | 47789 |
| of this section. This division does not limit the authority of the | 47790 |
| director, a board of health, or a court of competent jurisdiction | 47791 |
| to issue an order under any other applicable chapter of the | 47792 |
| Revised Code. | 47793 |
| The rules adopted under this division shall specify both of | 47794 |
| the following: | 47795 |
| (1) With respect to a facility that permanently ceases | 47796 |
| acceptance of construction and demolition debris in calendar year | 47797 |
| 2006, the post-closure care and post-closure care financial | 47798 |
| assurance requirements do not apply, provided that the owner or | 47799 |
| operator of the facility gives written notice of the date of the | 47800 |
| cessation to the applicable board of health or the director, the | 47801 |
| owner or operator of the facility does not submit a subsequent | 47802 |
| application for a license renewal for the facility after that | 47803 |
| cessation, and no order was issued by the applicable board of | 47804 |
| health, the director, or a court of competent jurisdiction | 47805 |
| governing the post-closure care of and post-closure financial | 47806 |
| assurance for that facility prior to the date specified in the | 47807 |
| written notice. | 47808 |
| (2) With respect to a facility that permanently ceases | 47809 |
| acceptance of construction and demolition debris in calendar year | 47810 |
| 2007, the required period of time for post-closure care and | 47811 |
| post-closure care financial assurance shall be one year after the | 47812 |
| closure of the facility, provided that the owner or operator of | 47813 |
| the facility gives written notice of the date of the cessation to | 47814 |
| the applicable board of health or the director, the owner or | 47815 |
| operator does not submit a subsequent application for a license | 47816 |
| renewal for the facility after that cessation, and no order was | 47817 |
| issued by the applicable board of health, the director, or a court | 47818 |
| of competent jurisdiction governing the post-closure care of and | 47819 |
| post-closure financial assurance for that facility prior to the | 47820 |
| date specified in the written notice. | 47821 |
| (L) Standards and procedures governing the modification of | 47822 |
| operation licenses issued under section 3714.06 of the Revised | 47823 |
| Code; | 47824 |
| (M) Procedures and requirements governing the certification | 47825 |
| of construction and demolition debris by transfer facilities as | 47826 |
| required under section 3714.082 of the Revised Code; | 47827 |
| (N) Requirements governing the provision of notification | 47828 |
| under section 3714.083 of the Revised Code by owners and operators | 47829 |
| of construction and demolition debris facilities of rejected loads | 47830 |
| and by transporters and shippers of the final disposition of | 47831 |
| rejected loads; | 47832 |
| (O) Requirements governing the certification and training of | 47833 |
| operators of construction and demolition debris facilities as | 47834 |
| required under section 3714.062 of the Revised Code; | 47835 |
| (P) Definitions of "owner" and "operator" for purposes of | 47836 |
| this chapter. | 47837 |
| The rules adopted under this section shall not prohibit the | 47838 |
| open burning of construction debris on a construction site in | 47839 |
| compliance with division (C)(1) of section 3704.11 of the Revised | 47840 |
| Code. | 47841 |
| Rules adopted under divisions (E) and (F) of this section | 47842 |
| apply to all new construction and demolition debris facilities for | 47843 |
| which a permit to install is required under section 3714.051 of | 47844 |
|
the Revised Code on and after | 47845 |
| December 22, 2005. With respect to a facility that is licensed | 47846 |
|
under section 3714.06 of the Revised Code and operating on | 47847 |
| 47848 | |
| facility does not have a ground water monitoring or leachate | 47849 |
| monitoring system, the facility is not required to comply with | 47850 |
| rules adopted under division (E) or (F) of this section; if the | 47851 |
| facility has a ground water monitoring system, but not a leachate | 47852 |
| monitoring system, the facility shall comply only with rules | 47853 |
| adopted under divisions (E) and (F)(3) of this section; and if the | 47854 |
| facility has a leachate monitoring system, but not a ground water | 47855 |
| monitoring system, the facility shall comply only with rules | 47856 |
| adopted under division (F) of this section. | 47857 |
| Sec. 3714.07. (A)(1) For the purpose of assisting boards of | 47858 |
| health and the environmental protection agency in administering | 47859 |
| and enforcing this chapter and rules adopted under it, there is | 47860 |
| hereby levied on the disposal of construction and demolition | 47861 |
| debris at a construction and demolition debris facility that is | 47862 |
| licensed under this chapter or at a solid waste facility that is | 47863 |
| licensed under Chapter 3734. of the Revised Code a fee of thirty | 47864 |
| cents per cubic yard or sixty cents per ton, as applicable. | 47865 |
| (2) The owner or operator of a construction and demolition | 47866 |
| debris facility or a solid waste facility shall determine if cubic | 47867 |
| yards or tons will be used as the unit of measurement. In | 47868 |
| estimating the fee based on cubic yards, the owner or operator | 47869 |
| shall utilize either the maximum cubic yard capacity of the | 47870 |
| container, or the hauling volume of the vehicle, that transports | 47871 |
| the construction and demolition debris to the facility or the | 47872 |
| cubic yards actually logged for disposal by the owner or operator | 47873 |
| in accordance with rules adopted under section 3714.02 of the | 47874 |
| Revised Code. If basing the fee on tonnage, the owner or operator | 47875 |
| shall use certified scales to determine the tonnage of | 47876 |
| construction and demolition debris that is transported to the | 47877 |
| facility for disposal. | 47878 |
| (3) The owner or operator of a construction and demolition | 47879 |
| debris facility or a solid waste facility shall collect the fee | 47880 |
| levied under division (A) of this section as a trustee for the | 47881 |
| health district having jurisdiction over the facility, if that | 47882 |
| district is on the approved list under section 3714.09 of the | 47883 |
| Revised Code, or for the state. The owner or operator shall | 47884 |
| prepare and file with the appropriate board of health or the | 47885 |
| director of environmental protection monthly returns indicating | 47886 |
| the total volume or weight, as applicable, of construction and | 47887 |
| demolition debris received for disposal at the facility and the | 47888 |
| total amount of money required to be collected on the construction | 47889 |
| and demolition debris disposed of during that month. Not later | 47890 |
| than thirty days after the last day of the month to which the | 47891 |
| return applies, the owner or operator shall mail to the board of | 47892 |
| health or the director the return for that month together with the | 47893 |
| money required to be collected on the construction and demolition | 47894 |
| debris disposed of during that month or may submit the return and | 47895 |
| money electronically in a manner approved by the director. The | 47896 |
| owner or operator may request, in writing, an extension of not | 47897 |
| more than thirty days after the last day of the month to which the | 47898 |
| return applies. A request for extension may be denied. If the | 47899 |
| owner or operator submits the money late, the owner or operator | 47900 |
| shall pay a penalty of ten per cent of the amount of the money due | 47901 |
| for each month that it is late. | 47902 |
| (4) Of the money that is collected from a construction and | 47903 |
| demolition debris facility or a solid waste facility on a per | 47904 |
| cubic yard or per ton basis under this section, a board of health | 47905 |
| shall transmit three cents per cubic yard or six cents per ton, as | 47906 |
| applicable, to the director not later than forty-five days after | 47907 |
| the receipt of the money. The money retained by a board of health | 47908 |
| under this section shall be paid into a special fund, which is | 47909 |
| hereby created in each health district, and used solely to | 47910 |
| administer and enforce this chapter and rules adopted under it. | 47911 |
| The director shall transmit all money received from the | 47912 |
| boards of health of health districts under this section and all | 47913 |
| money from the disposal fee collected by the director under this | 47914 |
| section to the treasurer of state to be credited to the | 47915 |
| construction and demolition debris facility oversight fund, which | 47916 |
| is hereby created in the state treasury. The fund shall be | 47917 |
| administered by the director, and money credited to the fund shall | 47918 |
| be used exclusively for the administration and enforcement of this | 47919 |
| chapter and rules adopted under it. | 47920 |
| (B) The board of health of a health district or the director | 47921 |
| may enter into an agreement with the owner or operator of a | 47922 |
| construction and demolition debris facility or a solid waste | 47923 |
| facility for the quarterly payment of the money collected from the | 47924 |
| disposal fee. The board of health shall notify the director of any | 47925 |
| such agreement. Not later than forty-five days after receipt of | 47926 |
| the quarterly payment, the board of health shall transmit the | 47927 |
| amount established in division (A)(4) of this section to the | 47928 |
| director. The money retained by the board of health shall be | 47929 |
| deposited in the special fund of the district as required under | 47930 |
| that division. Upon receipt of the money from a board of health, | 47931 |
| the director shall transmit the money to the treasurer of state to | 47932 |
| be credited to the construction and demolition debris facility | 47933 |
| oversight fund. | 47934 |
| (C) If a construction and demolition debris facility or a | 47935 |
| solid waste facility is located within the territorial boundaries | 47936 |
| of a municipal corporation or the unincorporated area of a | 47937 |
| township, the municipal corporation or township may appropriate up | 47938 |
| to four cents per cubic yard or up to eight cents per ton of the | 47939 |
| disposal fee required to be paid by the facility under division | 47940 |
| (A) of this section for the same purposes that a municipal | 47941 |
| corporation or township may levy a fee under division (C) of | 47942 |
| section 3734.57 of the Revised Code. | 47943 |
| The legislative authority of the municipal corporation or | 47944 |
| township may appropriate the money from the fee by enacting an | 47945 |
| ordinance or adopting a resolution establishing the amount of the | 47946 |
| fee to be appropriated. Upon doing so, the legislative authority | 47947 |
| shall mail a certified copy of the ordinance or resolution to the | 47948 |
| board of health of the health district in which the construction | 47949 |
| and demolition debris facility or the solid waste facility is | 47950 |
| located or, if the facility is located in a health district that | 47951 |
| is not on the approved list under section 3714.09 of the Revised | 47952 |
| Code, to the director. Upon receipt of the copy of the ordinance | 47953 |
| or resolution and not later than forty-five days after receipt of | 47954 |
| money collected from the fee, the board or the director, as | 47955 |
| applicable, shall transmit to the treasurer or other appropriate | 47956 |
| officer of the municipal corporation or clerk of the township that | 47957 |
| portion of the money collected from the disposal fee by the owner | 47958 |
| or operator of the facility that is required by the ordinance or | 47959 |
| resolution to be paid to that municipal corporation or township. | 47960 |
| Money received by the treasurer or other appropriate officer | 47961 |
| of a municipal corporation under this division shall be paid into | 47962 |
| the general fund of the municipal corporation. Money received by | 47963 |
| the clerk of a township under this division shall be paid into the | 47964 |
| general fund of the township. The treasurer or other officer of | 47965 |
| the municipal corporation or the clerk of the township, as | 47966 |
| appropriate, shall maintain separate records of the money received | 47967 |
| under this division. | 47968 |
| The legislative authority of a municipal corporation or | 47969 |
| township may cease collecting money under this division by | 47970 |
| repealing the ordinance or resolution that was enacted or adopted | 47971 |
| under this division. | 47972 |
| The director shall adopt rules in accordance with Chapter | 47973 |
| 119. of the Revised Code establishing requirements for prorating | 47974 |
| the amount of the fee that may be appropriated under this division | 47975 |
| by a municipal corporation or township in which only a portion of | 47976 |
| a construction and demolition debris facility is located within | 47977 |
| the territorial boundaries of the municipal corporation or | 47978 |
| township. | 47979 |
| (D) The board of county commissioners of a county in which a | 47980 |
| construction and demolition debris facility or a solid waste | 47981 |
| facility is located may appropriate up to three cents per cubic | 47982 |
| yard or up to six cents per ton of the disposal fee required to be | 47983 |
| paid by the facility under division (A) of this section for the | 47984 |
| same purposes that a solid waste management district may levy a | 47985 |
| fee under division (B) of section 3734.57 of the Revised Code. | 47986 |
| The board of county commissioners may appropriate the money | 47987 |
| from the fee by adopting a resolution establishing the amount of | 47988 |
| the fee to be appropriated. Upon doing so, the board of county | 47989 |
| commissioners shall mail a certified copy of the resolution to the | 47990 |
| board of health of the health district in which the construction | 47991 |
| and demolition debris facility or the solid waste facility is | 47992 |
| located or, if the facility is located in a health district that | 47993 |
| is not on the approved list under section 3714.09 of the Revised | 47994 |
| Code, to the director. Upon receipt of the copy of the resolution | 47995 |
| and not later than forty-five days after receipt of money | 47996 |
| collected from the fee, the board of health or the director, as | 47997 |
| applicable, shall transmit to the treasurer of the county that | 47998 |
| portion of the money collected from the disposal fee by the owner | 47999 |
| or operator of the facility that is required by the resolution to | 48000 |
| be paid to that county. | 48001 |
| Money received by a county treasurer under this division | 48002 |
| shall be paid into the general fund of the county. The county | 48003 |
| treasurer shall maintain separate records of the money received | 48004 |
| under this division. | 48005 |
| A board of county commissioners may cease collecting money | 48006 |
| under this division by repealing the resolution that was adopted | 48007 |
| under this division. | 48008 |
| (E)(1) This section does not apply to the disposal of | 48009 |
| construction and demolition debris at a solid waste facility that | 48010 |
| is licensed under Chapter 3734. of the Revised Code if there is no | 48011 |
| construction and demolition debris facility licensed under this | 48012 |
| chapter within thirty-five miles of the solid waste facility as | 48013 |
| determined by a facility's property boundaries. | 48014 |
| (2) This section does not apply to the disposal of | 48015 |
| construction and demolition debris at a solid waste facility that | 48016 |
| is licensed under Chapter 3734. of the Revised Code if the owner | 48017 |
| or operator of the facility chooses to collect fees on the | 48018 |
| disposal of the construction and demolition debris that are | 48019 |
| identical to the fees that are collected under Chapters 343. and | 48020 |
| 3734. of the Revised Code on the disposal of solid wastes at that | 48021 |
| facility. | 48022 |
| (3) This section does not apply to the disposal of source | 48023 |
| separated materials that are exclusively composed of reinforced or | 48024 |
| nonreinforced concrete, asphalt, clay tile, building or paving | 48025 |
| brick, or building or paving stone at a construction and | 48026 |
| demolition debris facility that is licensed under this chapter | 48027 |
| when either of the following applies: | 48028 |
| (a) The materials are placed within the limits of | 48029 |
| construction and demolition debris placement at the facility as | 48030 |
| specified in the license issued to the facility under section | 48031 |
| 3714.06 of the Revised Code, are not placed within the unloading | 48032 |
| zone of the facility, and are used as a fire prevention measure in | 48033 |
| accordance with rules adopted by the director under section | 48034 |
| 3714.02 of the Revised Code. | 48035 |
| (b) The materials are not placed within the unloading zone of | 48036 |
| the facility or within the limits of construction and demolition | 48037 |
| debris placement at the facility as specified in the license | 48038 |
| issued to the facility under section 3714.06 of the Revised Code, | 48039 |
| but are used as fill material, either alone or in conjunction with | 48040 |
| clean soil, sand, gravel, or other clean aggregates, in legitimate | 48041 |
| fill operations for construction purposes at the facility or to | 48042 |
| bring the facility up to a consistent grade. | 48043 |
| (F) Notwithstanding any provision of law to the contrary, the | 48044 |
| fee levied under this section applies to the disposal of asbestos | 48045 |
| and asbestos-containing materials or products at a construction | 48046 |
| and demolition debris facility that is licensed under this | 48047 |
| chapter. | 48048 |
| Sec. 3714.073. (A) In addition to the fee levied under | 48049 |
| division (A)(1) of section 3714.07 of the Revised Code, beginning | 48050 |
| July 1, 2005, there is hereby levied on the disposal of | 48051 |
| construction and demolition debris at a construction and | 48052 |
| demolition debris facility that is licensed under this chapter or | 48053 |
| at a solid waste facility that is licensed under Chapter 3734. of | 48054 |
| the Revised Code the following fees: | 48055 |
| (1) A fee of twelve and one-half cents per cubic yard or | 48056 |
| twenty-five cents per ton, as applicable, the proceeds of which | 48057 |
| shall be deposited in the state treasury to the credit of the | 48058 |
| soil and water conservation district assistance fund created in | 48059 |
| section 1515.14 of the Revised Code; | 48060 |
| (2) A fee of thirty-seven and one-half cents per cubic yard | 48061 |
| or seventy-five cents per ton, as applicable, the proceeds of | 48062 |
| which shall be deposited in the state treasury to the credit of | 48063 |
| the recycling and litter prevention fund created in section | 48064 |
| 1502.02 of the Revised Code. | 48065 |
| (B) The owner or operator of a construction and demolition | 48066 |
| debris facility or a solid waste facility, as a trustee of the | 48067 |
| state, shall collect the fees levied under this section and remit | 48068 |
| the money from the fees in the manner that is established in | 48069 |
| divisions (A)(2) and (3) of section 3714.07 of the Revised Code | 48070 |
| for the fee that is levied under division (A)(1) of that section | 48071 |
| and may enter into an agreement for the quarterly payment of the | 48072 |
| fees in the manner established in division (B) of that section for | 48073 |
| the quarterly payment of the fee that is levied under division | 48074 |
| (A)(1) of that section. | 48075 |
| (C) The money that is collected from a construction and | 48076 |
| demolition debris facility or a solid waste facility and remitted | 48077 |
| to a board of health or the director of environmental protection, | 48078 |
| as applicable, pursuant to this section shall be transmitted by | 48079 |
| the board or director to the treasurer of state not later than | 48080 |
| forty-five days after the receipt of the money to be credited to | 48081 |
| the soil and water conservation district assistance fund or the | 48082 |
| recycling and litter prevention fund, as applicable. | 48083 |
| (D) This section does not apply to the disposal of | 48084 |
| construction and demolition debris at a solid waste facility that | 48085 |
| is licensed under Chapter 3734. of the Revised Code if the owner | 48086 |
| or operator of the facility chooses to collect fees on the | 48087 |
| disposal of the construction and demolition debris that are | 48088 |
| identical to the fees that are collected under Chapters 343. and | 48089 |
| 3734. of the Revised Code on the disposal of solid wastes at that | 48090 |
| facility. | 48091 |
| (E) This section does not apply to the disposal of source | 48092 |
| separated materials that are exclusively composed of reinforced or | 48093 |
| nonreinforced concrete, asphalt, clay tile, building or paving | 48094 |
| brick, or building or paving stone at a construction and | 48095 |
| demolition debris facility that is licensed under this chapter | 48096 |
| when either of the following applies: | 48097 |
| (1) The materials are placed within the limits of | 48098 |
| construction and demolition debris placement at the facility as | 48099 |
| specified in the license issued to the facility under section | 48100 |
| 3714.06 of the Revised Code, are not placed within the unloading | 48101 |
| zone of the facility, and are used as a fire prevention measure in | 48102 |
| accordance with rules adopted by the director under section | 48103 |
| 3714.02 of the Revised Code. | 48104 |
| (2) The materials are not placed within the unloading zone of | 48105 |
| the facility or within the limits of construction and demolition | 48106 |
| debris placement at the facility as specified in the license | 48107 |
| issued to the facility under section 3714.06 of the Revised Code, | 48108 |
| but are used as fill material, either alone or in conjunction with | 48109 |
| clean soil, sand, gravel, or other clean aggregates, in legitimate | 48110 |
| fill operations for construction purposes at the facility or to | 48111 |
| bring the facility up to a consistent grade. | 48112 |
| (F) Notwithstanding any provision of law to the contrary, the | 48113 |
| fees levied under this section apply to the disposal of asbestos | 48114 |
| and asbestos-containing materials or products at a construction | 48115 |
| and demolition debris facility that is licensed under this | 48116 |
| chapter. | 48117 |
| Sec. 3714.074. The fees on the disposal of construction and | 48118 |
| demolition debris levied under sections 3714.07, 3714.071, and | 48119 |
| 3714.073 of the Revised Code shall be paid by a customer to the | 48120 |
| owner or operator of a construction and demolition debris facility | 48121 |
| or solid waste facility, as applicable. The owner or operator is | 48122 |
| entitled to and may request a refund or credit of fees levied | 48123 |
| under those sections and remitted to a board of health or the | 48124 |
| director of environmental protection, as applicable, if a customer | 48125 |
| fails to pay the fees to the owner or operator. Further, the owner | 48126 |
| or operator shall not be responsible for any penalties regarding | 48127 |
| those fees. | 48128 |
| As used in this section, "customer" includes any person who | 48129 |
| contracts with or utilizes the services of a construction and | 48130 |
| demolition debris facility or solid waste facility for the | 48131 |
| disposal of construction and demolition debris. | 48132 |
| Sec. 3714.081. (A) A construction and demolition debris | 48133 |
| facility shall not accept pulverized debris. | 48134 |
| (B) The board of health of a health district in which a | 48135 |
| construction and demolition debris facility is located, the | 48136 |
| director of environmental protection, or an authorized | 48137 |
| representative of either may request the removal of pulverized | 48138 |
| debris that has been brought to the construction and demolition | 48139 |
| debris facility. A board, the director, or an authorized | 48140 |
| representative of either shall make such a request when the | 48141 |
| pulverized debris is at the unloading zone of the facility | 48142 |
| designated under rules adopted under section 3714.02 of the | 48143 |
| Revised Code and not after the debris has been disposed of on the | 48144 |
| working face of the facility. Upon the receipt of such a request, | 48145 |
| the owner or operator of the facility shall comply with section | 48146 |
| 3714.083 of the Revised Code and shall do one of the following: | 48147 |
| (1) Immediately cause the pulverized debris to be removed | 48148 |
| from the facility; | 48149 |
| (2) Store the pulverized debris at a location at the facility | 48150 |
| where construction and demolition debris is not disposed of for | 48151 |
| not more than ten days after the receipt of a request to remove | 48152 |
| the debris from the facility. Not later than the end of the | 48153 |
| ten-day period, the owner or operator shall cause the pulverized | 48154 |
| debris to be removed from the facility. | 48155 |
| (C) The existence of small particles and dust in a load of | 48156 |
| construction and demolition debris does not render the load | 48157 |
| unidentifiable as construction and demolition debris. | 48158 |
| (D) As used in this section, "working face" has the same | 48159 |
| meaning as in section 3714.021 of the Revised Code. | 48160 |
| Sec. 3714.083. (A) If the owner or operator of a | 48161 |
| construction and demolition debris facility rejects a load of | 48162 |
|
debris | 48163 |
| 48164 | |
| facility under this chapter and rules adopted under it, including | 48165 |
| section 3714.081 of the Revised Code, the owner or operator shall | 48166 |
| notify the director of environmental protection or a board of | 48167 |
| health, as applicable, of the rejection of the load. The | 48168 |
| notification shall be made in accordance with rules adopted under | 48169 |
| section 3714.02 of the Revised Code and shall include the date and | 48170 |
| time that the load was rejected, the license plate number of the | 48171 |
| vehicle transporting the rejected load as well as an indication of | 48172 |
| the state of origin of the vehicle, the name of the transporter or | 48173 |
| shipper of the load, if ascertainable, and the reason for | 48174 |
| rejecting the load. After rejecting a load, the owner or operator | 48175 |
| shall give the transporter or shipper of the load, as applicable, | 48176 |
| instructions regarding the requirements of division (B) of this | 48177 |
| section. The instructions shall be on a form prescribed by the | 48178 |
| director. | 48179 |
| For purposes of this section, acceptance of a load of | 48180 |
| construction and demolition debris is deemed to occur when the | 48181 |
| debris is placed on the working face of a construction and | 48182 |
| demolition debris facility for final disposal. Rejection of a load | 48183 |
| of construction and demolition debris before acceptance of the | 48184 |
| load of debris is not a violation of this chapter and rules | 48185 |
| adopted under it. | 48186 |
| (B) A transporter or shipper of a load that has been rejected | 48187 |
| under division (A) of this section shall notify the director or | 48188 |
| board, as applicable, of the ultimate disposition of the load | 48189 |
| after the load's rejection. The notification shall be made in | 48190 |
| accordance with rules adopted under section 3714.02 of the Revised | 48191 |
| Code and shall include the date and time that the load was | 48192 |
| ultimately disposed of after its rejection, the location of the | 48193 |
| disposal, and the name of the owner or operator of the facility | 48194 |
| that accepted the load for disposal. | 48195 |
| Sec. 3715.87. (A) As used in this section and in sections | 48196 |
| 3715.871, 3715.872, and 3715.873 of the Revised Code: | 48197 |
| (1) "Controlled substance" has the same meaning as in section | 48198 |
| 3719.01 of the Revised Code. | 48199 |
| (2) "Health care facility" has the same meaning as in section | 48200 |
| 1337.11 of the Revised Code. | 48201 |
| | 48202 |
| of the Revised Code. | 48203 |
| | 48204 |
| corporation organized and operated pursuant to Chapter 1702. of | 48205 |
| the Revised Code, or any charitable organization not organized and | 48206 |
| not operated for profit, that provides health care services to | 48207 |
| indigent and uninsured persons as defined in section 2305.234 of | 48208 |
| the Revised Code. "Nonprofit clinic" does not include a hospital | 48209 |
| as defined in section 3727.01 of the Revised Code, a facility | 48210 |
| licensed under Chapter 3721. of the Revised Code, or a facility | 48211 |
| that is operated for profit. | 48212 |
| | 48213 |
| following applies: | 48214 |
| (a) Under the "Food, Drug, and Cosmetic Act," 52 Stat. 1040 | 48215 |
| (1938), 21 U.S.C.A. 301, as amended, the drug is required to bear | 48216 |
| a label containing the legend, "Caution: Federal law prohibits | 48217 |
| dispensing without prescription" or "Caution: Federal law | 48218 |
| restricts this drug to use by or on the order of a licensed | 48219 |
| veterinarian" or any similar restrictive statement, or the drug | 48220 |
| may be dispensed only upon a prescription. | 48221 |
| (b) Under Chapter 3715. or 3719. of the Revised Code, the | 48222 |
| drug may be dispensed only upon a prescription. | 48223 |
| (B) The state board of pharmacy shall establish a drug | 48224 |
| repository program to accept and dispense prescription drugs | 48225 |
| donated or given for the purpose of being dispensed to individuals | 48226 |
| who are residents of this state and meet eligibility standards | 48227 |
| established in rules adopted by the board under section 3715.873 | 48228 |
|
of the
Revised Code. | 48229 |
| this section, all of the following conditions shall apply to the | 48230 |
| program: | 48231 |
| (1) Only drugs in their original sealed and tamper-evident | 48232 |
|
unit dose packaging
may be
accepted and dispensed | 48233 |
| (2) The packaging must be unopened, except that drugs | 48234 |
| packaged in single unit doses may be accepted and dispensed when | 48235 |
| the outside packaging is opened if the single unit dose packaging | 48236 |
|
is
undisturbed | 48237 |
| (3) Drugs donated by individuals bearing an expiration date | 48238 |
| that is less than six months from the date the drug is donated | 48239 |
|
shall not be accepted or dispensed | 48240 |
| (4) A drug shall not be accepted or dispensed if there is | 48241 |
| reason to believe that it is adulterated as described in section | 48242 |
|
3715.63 of
the Revised Code.
| 48243 |
| (C) Orally administered cancer drugs that are not controlled | 48244 |
| substances and that do not require refrigeration, freezing, or | 48245 |
| storage at a special temperature may be accepted and dispensed | 48246 |
| even if not in original sealed and tamper-evident unit dose | 48247 |
| packaging, subject to rules adopted by the board pursuant to | 48248 |
| section 3715.873 of the Revised Code. | 48249 |
| (D) Subject to the limitations specified in | 48250 |
| divisions (B) and (C) of this section, unused drugs dispensed for | 48251 |
| purposes of the medicaid program may be accepted and dispensed | 48252 |
| under the drug repository program. | 48253 |
| Sec. 3715.871. (A) Any person, including a pharmacy, drug | 48254 |
| manufacturer, or health care facility, or any government entity | 48255 |
| may donate or give prescription drugs to the drug repository | 48256 |
| program. The drugs must be donated or given at a pharmacy, | 48257 |
| hospital, or nonprofit clinic that elects to participate in the | 48258 |
| drug repository program and meets criteria for participation in | 48259 |
| the program established in rules adopted by the state board of | 48260 |
| pharmacy under section 3715.873 of the Revised Code. Participation | 48261 |
| in the program by pharmacies, hospitals, and nonprofit clinics is | 48262 |
| voluntary. Nothing in this or any other section of the Revised | 48263 |
| Code requires a pharmacy, hospital, or nonprofit clinic to | 48264 |
| participate in the program. | 48265 |
| (B) A pharmacy, hospital, or nonprofit clinic eligible to | 48266 |
| participate in the program shall dispense drugs donated or given | 48267 |
| under this section to individuals who are residents of this state | 48268 |
| and meet the eligibility standards established in rules adopted by | 48269 |
| the board under section 3715.873 of the Revised Code or to other | 48270 |
| government entities and nonprofit private entities to be dispensed | 48271 |
| to individuals who meet the eligibility standards. A drug may be | 48272 |
| dispensed only pursuant to a prescription issued by a licensed | 48273 |
| health professional authorized to prescribe drugs, as defined in | 48274 |
| section 4729.01 of the Revised Code. A pharmacy, hospital, or | 48275 |
| nonprofit clinic that accepts donated or given drugs shall comply | 48276 |
| with all applicable federal laws and laws of this state dealing | 48277 |
| with storage and distribution of dangerous drugs and shall, in | 48278 |
| accordance with rules adopted pursuant to section 3715.873 of the | 48279 |
| Revised Code, inspect all drugs prior to dispensing them to | 48280 |
| determine that they are not adulterated. The pharmacy, hospital, | 48281 |
| or nonprofit clinic may charge individuals receiving donated or | 48282 |
| given drugs a handling fee established in accordance with rules | 48283 |
| adopted by the board under section 3715.873 of the Revised Code. | 48284 |
| Drugs donated or given to the repository may not be resold. | 48285 |
| Sec. 3715.873. In consultation with the director of health, | 48286 |
| the state board of pharmacy shall adopt rules governing the drug | 48287 |
| repository program that establish all of the following: | 48288 |
| (A) Eligibility criteria for pharmacies, hospitals, and | 48289 |
| nonprofit clinics to receive and dispense drugs donated or given | 48290 |
| under the program; | 48291 |
| (B) Standards and procedures for accepting, safely storing, | 48292 |
| and dispensing drugs donated or given; | 48293 |
| (C) | 48294 |
| given, other than orally administered cancer drugs described in | 48295 |
| division (C) of section 3715.87 of the Revised Code that are not | 48296 |
| in original sealed and tamper-evident unit dose packaging, | 48297 |
|
standards and procedures for inspecting the drugs | 48298 |
| 48299 | |
| and tamper-evident and that the drugs are unadulterated, safe, and | 48300 |
| suitable for dispensing; | 48301 |
| (D) With respect to orally administered cancer drugs | 48302 |
| described in division (C) of section 3715.87 of the Revised Code | 48303 |
| that are not in original sealed and tamper-evident unit dose | 48304 |
| packaging, standards and procedures to determine based on a basic | 48305 |
| visual inspection that the drugs appear to be unadulterated, safe, | 48306 |
| and suitable for dispensing; | 48307 |
| (E) Eligibility standards based on economic need for | 48308 |
| individuals to receive drugs; | 48309 |
| | 48310 |
| individual who is eligible to receive drugs under the program may | 48311 |
| demonstrate eligibility to the pharmacy, hospital, or nonprofit | 48312 |
| clinic dispensing the drugs; | 48313 |
| | 48314 |
| program must sign before receiving the drug to confirm that the | 48315 |
| individual understands the immunity provisions of the program; | 48316 |
| | 48317 |
| that pharmacies, hospitals, and nonprofit clinics may charge to | 48318 |
| drug recipients to cover restocking and dispensing costs; | 48319 |
| | 48320 |
| by individuals: | 48321 |
| (1) A list of drugs, arranged either by category or by | 48322 |
|
individual drug, that the program will accept from individuals | 48323 |
| The list shall include orally administered cancer drugs that are | 48324 |
| described in division (C) of section 3715.87 of the Revised Code. | 48325 |
| (2) A list of drugs, arranged either by category or by | 48326 |
| individual drug, that the program will not accept from | 48327 |
| individuals. The list shall not include orally administered cancer | 48328 |
| drugs that are described in division (C) of section 3715.87 of the | 48329 |
| Revised Code. The list must include a statement as to why the drug | 48330 |
| is ineligible to be donated or given. | 48331 |
| (3) A form each donor must sign stating that the donor is the | 48332 |
| owner of the drugs and intends to voluntarily donate them to the | 48333 |
| program. | 48334 |
| | 48335 |
| health care facilities: | 48336 |
| (1) A list of drugs, arranged either by category or by | 48337 |
| individual drug, that the program will accept from health care | 48338 |
|
facilities | 48339 |
| drugs that are described in division (C) of section 3715.87 of the | 48340 |
| Revised Code. | 48341 |
| (2) A list of drugs, arranged either by category or by | 48342 |
| individual drug, that the program will not accept from health care | 48343 |
| facilities. The list shall not include orally administered cancer | 48344 |
| drugs that are described in division (C) of section 3715.87 of the | 48345 |
| Revised Code. The list must include a statement as to why the drug | 48346 |
| is ineligible to be donated or given. | 48347 |
| | 48348 |
| appropriate. | 48349 |
| The rules shall be adopted in accordance with Chapter 119. of | 48350 |
| the Revised Code. | 48351 |
| Sec. 3717.01. As used in this chapter: | 48352 |
| (A) "Ohio uniform food safety code" means the food safety and | 48353 |
| related standards adopted under section 3717.05 of the Revised | 48354 |
| Code. | 48355 |
| (B) "Food" means any raw, cooked, or processed edible | 48356 |
| substance used or intended for use in whole or in part for human | 48357 |
| consumption. "Food" includes ice, water or any other beverage, | 48358 |
| food ingredients, and chewing gum. | 48359 |
| (C) "Retail food establishment" means a premises or part of a | 48360 |
| premises where food is stored, processed, prepared, manufactured, | 48361 |
| or otherwise held or handled for retail sale. Except when | 48362 |
| expressly provided otherwise, "retail food establishment" includes | 48363 |
| a mobile retail food establishment, seasonal retail food | 48364 |
| establishment, and temporary retail food establishment. | 48365 |
| As used in this division: | 48366 |
| (1) "Retail" means the sale of food to a person who is the | 48367 |
| ultimate consumer. | 48368 |
| (2) "Prepared" means any action that affects a food, | 48369 |
| including receiving and maintaining it at the temperature at which | 48370 |
| it was received. | 48371 |
| (D) "Seasonal retail food establishment" means a retail food | 48372 |
| establishment, other than a mobile retail food establishment, that | 48373 |
| is operated for not more than six months in a licensing period. | 48374 |
| (E) "Temporary retail food establishment" means a retail food | 48375 |
| establishment that is operated at an event for not more than five | 48376 |
| consecutive days, except when operated for more than five | 48377 |
| consecutive days pursuant to division (E)(2) of section 3717.23 of | 48378 |
| the Revised Code. | 48379 |
| (F) "Food service operation" means a place, location, site, | 48380 |
| or separate area where food intended to be served in individual | 48381 |
| portions is prepared or served for a charge or required donation. | 48382 |
| As used in this division, "served" means a response made to an | 48383 |
| order for one or more individual portions of food in a form that | 48384 |
| is edible without washing, cooking, or additional preparation and | 48385 |
| "prepared" means any action that affects a food other than | 48386 |
| receiving or maintaining it at the temperature at which it was | 48387 |
| received. | 48388 |
| Except when expressly provided otherwise, "food service | 48389 |
| operation" includes a catering food service operation, food | 48390 |
| delivery sales operation, mobile food service operation, seasonal | 48391 |
| food service operation, temporary food service operation, and | 48392 |
| vending machine location. | 48393 |
| (G) "Catering food service operation" means a food service | 48394 |
| operation where food is prepared for serving at a function or | 48395 |
| event held at an off-premises site, for a charge determined on a | 48396 |
| per-function or per-event basis. | 48397 |
| (H) "Food delivery sales operation" means a food service | 48398 |
| operation from which individual portions of food are ordered by a | 48399 |
| customer, prepared at another food service operation or a retail | 48400 |
| food establishment, and delivered to the customer by a person | 48401 |
| other than an employee of the food service operation or retail | 48402 |
| food establishment that prepared the food. | 48403 |
| (I) "Mobile food service operation" means a food service | 48404 |
| operation that is operated from a movable vehicle, portable | 48405 |
| structure, or watercraft and that routinely changes location, | 48406 |
| except that if the operation remains at any one location for more | 48407 |
| than forty consecutive days, the operation is no longer a mobile | 48408 |
| food service operation. "Mobile food service operation" includes a | 48409 |
| food service operation that does not remain at any one location | 48410 |
| for more than forty consecutive days and serves, in a manner | 48411 |
| consistent with division (F) of this section, only frozen | 48412 |
| desserts; beverages, nuts, popcorn, candy, or similar confections; | 48413 |
| bakery products identified in section 911.01 of the Revised Code; | 48414 |
| or any combination of those items. | 48415 |
| (J) "Seasonal food service operation" means a food service | 48416 |
| operation, other than a mobile food service operation, that is | 48417 |
| operated for not more than six months in a licensing period. | 48418 |
| (K) "Temporary food service operation" means a food service | 48419 |
| operation that is operated at an event for not more than five | 48420 |
| consecutive days, except when operated for more than five | 48421 |
| consecutive days pursuant to division (E)(2) of section 3717.43 of | 48422 |
| the Revised Code. | 48423 |
| (L) "Vending machine location" means an area or room where | 48424 |
| one or more vending machines are installed and operated, except | 48425 |
| that if the machines within an area are separated by more than one | 48426 |
| hundred fifty feet, each area separated by that distance | 48427 |
| constitutes a separate vending machine location. As used in this | 48428 |
| division, "vending machine" means a self-service device that | 48429 |
| automatically dispenses on the insertion of currency, tokens, or | 48430 |
| similar means a predetermined unit serving of food, either in bulk | 48431 |
| or in package, without having to be replenished after each use. | 48432 |
| (M) "Board of health" means a board of health of a city or | 48433 |
| general health district or the authority having the duties of a | 48434 |
| board of health under section 3709.05 of the Revised Code. | 48435 |
| (N) "Government entity" means this state, a political | 48436 |
| subdivision of this state, another state, or a political | 48437 |
| subdivision or other local government body of another state. | 48438 |
| (O) "Licensor" means | 48439 |
| (1) A board of health approved under section 3717.11 of the | 48440 |
| Revised Code; | 48441 |
| (2) | 48442 |
| 48443 | |
| 48444 |
| | 48445 |
|
of the Revised Code | 48446 |
| 48447 |
| (P) "Licensing period" means the first day of March to the | 48448 |
| last day of February of the next succeeding year. | 48449 |
| (Q) "Mobile retail food establishment" means a retail food | 48450 |
| establishment that is operated from a movable vehicle or other | 48451 |
| portable structure, and that routinely changes location, except | 48452 |
| that if the establishment operates from any one location for more | 48453 |
| than forty consecutive days, the establishment is no longer a | 48454 |
| mobile retail food establishment. | 48455 |
| (R) "Unprocessed," when used with respect to fruits and | 48456 |
| vegetables, means that the fruits and vegetables are not processed | 48457 |
| beyond merely rough trimming and rinsing. | 48458 |
| (S) "Cottage food production operation" has the same meaning | 48459 |
| as in division (A)(20) of section 3715.01 of the Revised Code. | 48460 |
| Sec. 3717.02. (A) There is hereby created the retail food | 48461 |
|
safety advisory council. The council shall consist of the
| 48462 |
| 48463 | |
| 48464 | |
|
designates to serve on the director's behalf | 48465 |
|
additional members appointed | 48466 |
| 48467 |
| (1) Three persons representing the interests of retail food | 48468 |
| establishments; | 48469 |
| (2) Three persons representing the interests of food service | 48470 |
| operations; | 48471 |
| (3) Four persons representing boards of health or the health | 48472 |
| departments operated by boards of health; | 48473 |
| (4) One person representing the academic community who is | 48474 |
| knowledgeable in food science or food technology; | 48475 |
| (5) One person representing the general public who is not | 48476 |
| employed by this state or any of its political subdivisions and | 48477 |
| has no pecuniary interest in a retail food establishment or food | 48478 |
| service operation. | 48479 |
| (B) In making appointments to the council, the
| 48480 |
| 48481 | |
| statewide trade and professional organizations that represent the | 48482 |
| interests of retail food establishments and food service | 48483 |
| operations. The organizations may nominate persons to be | 48484 |
| considered for appointment as council members. | 48485 |
| (C) Of the initial appointments made to the council, five | 48486 |
| shall be for terms ending three years after appointment, four | 48487 |
| shall be for terms ending two years after appointment, and three | 48488 |
| shall be for terms ending one year after appointment. Thereafter, | 48489 |
| terms of office shall be three years. Each member shall hold | 48490 |
| office from the date of appointment until the end of the term for | 48491 |
| which the member was appointed. Members may be reappointed. | 48492 |
| Vacancies shall be filled in the manner provided for original | 48493 |
| appointments. A member appointed to fill a vacancy occurring | 48494 |
| before the expiration date of the term for which the member's | 48495 |
| predecessor was appointed shall hold office as a member for the | 48496 |
| remainder of that term. A member shall continue in office after | 48497 |
| the expiration date of the member's term until the member's | 48498 |
| successor takes office or until a period of sixty days has | 48499 |
| elapsed, whichever occurs first. | 48500 |
| (D) A member may be removed from office for failing to attend | 48501 |
| two consecutive council meetings without showing good cause for | 48502 |
|
the
absences. Removal from office requires | 48503 |
| 48504 |
| (E) The | 48505 |
| 48506 | |
| health or the person the director designates to serve on the | 48507 |
|
director's behalf | 48508 |
| chairperson without voting rights. A two-thirds majority vote of | 48509 |
| the council's voting members is necessary for the council to act | 48510 |
| on any matter. | 48511 |
| (F) Members shall be reimbursed for actual and necessary | 48512 |
| expenses incurred in performing duties as members. The expenses | 48513 |
|
shall be | 48514 |
| 48515 | |
| provide administrative support to the council. | 48516 |
| (G) The retail food safety advisory council is not subject to | 48517 |
| sections 101.82 to 101.87 of the Revised Code. | 48518 |
| Sec. 3717.03. (A) The retail food safety advisory council | 48519 |
| shall meet as necessary to fulfill its duties, which include all | 48520 |
| the following: | 48521 |
| (1) Making recommendations for the Ohio uniform food safety | 48522 |
| code; | 48523 |
| (2) Examining specific food safety issues raised by the | 48524 |
| 48525 | |
| recommendations regarding those issues; | 48526 |
| (3) | 48527 |
| 48528 | |
| 48529 |
| | 48530 |
| of the Ohio uniform food safety code, as submitted by any holder | 48531 |
| of a license issued under this chapter or any other person or | 48532 |
| government entity; | 48533 |
| | 48534 |
| 48535 | |
| pursuant to section 3717.041 of the Revised Code; | 48536 |
| | 48537 |
| 48538 | |
| awareness of consumers and their confidence in the state's food | 48539 |
| supply; | 48540 |
| | 48541 |
| 48542 | |
| inspection frequencies to be used in regulating retail food | 48543 |
| establishments and food service operations; | 48544 |
| | 48545 |
| respect to the program for certification of individuals in food | 48546 |
| protection and approval of courses in food protection. | 48547 |
| (B) The council shall hold a meeting | 48548 |
| 48549 | |
| or on written request of three or more voting members of the | 48550 |
| council. | 48551 |
| (C) In fulfilling its duties under division (A) | 48552 |
| section, the council shall accept comments and requests regardless | 48553 |
| of whether they are made publicly or anonymously. For purposes of | 48554 |
| accepting comments and requests at times other than council | 48555 |
| meetings, the council shall maintain and publicize a mailing | 48556 |
| address. | 48557 |
| Sec. 3717.04. The | 48558 |
|
council | 48559 |
| this state to adopt rules regarding retail food establishments and | 48560 |
| food service operations. The rules adopted under this chapter | 48561 |
| shall be applied uniformly throughout this state. | 48562 |
| All rules adopted under this chapter shall be adopted in | 48563 |
| accordance with Chapter 119. of the Revised Code. Subject to the | 48564 |
| approval of the joint committee on agency rule review, portions of | 48565 |
| the rules may be adopted by referencing all or any part of any | 48566 |
| federal regulations pertaining to food safety. | 48567 |
| Sec. 3717.041. To assist in the uniform application of the | 48568 |
|
rules adopted under this chapter, the
| 48569 |
|
director of
health shall | 48570 |
| issuance of a letter of opinion is recommended by the retail food | 48571 |
| safety advisory council under section 3717.03 of the Revised Code. | 48572 |
| A letter of opinion shall be issued not later than sixty days | 48573 |
| after the date the recommendation is received from the council. | 48574 |
| Each letter of opinion shall provide a detailed | 48575 |
| interpretation of the rules that are the subject of the retail | 48576 |
| food safety advisory council's recommendation. Unless rules are | 48577 |
| adopted under this chapter that override the interpretation | 48578 |
| expressed in a letter of opinion, the interpretation shall be | 48579 |
| binding and applied uniformly throughout this state. | 48580 |
| Sec. 3717.05. (A) The
| 48581 |
| health council shall adopt rules establishing standards for safe | 48582 |
| food handling and sanitation in retail food establishments and | 48583 |
| food service operations. The rules shall be compiled as the Ohio | 48584 |
| uniform food safety code, which shall be used by the licensors of | 48585 |
| retail food establishments and food service operations in ensuring | 48586 |
|
the safe handling of food in this state.
| 48587 |
| 48588 | |
| 48589 | |
| 48590 | |
| 48591 |
| The Ohio uniform food safety code shall include the | 48592 |
| following: | 48593 |
| (1) Criteria for sanitation in retail food establishments and | 48594 |
| food service operations; | 48595 |
| (2) Criteria for equipment in retail food establishments and | 48596 |
| food service operations; | 48597 |
| (3) Criteria for reviewing the facility layout and equipment | 48598 |
| specifications of retail food establishments and food service | 48599 |
| operations; | 48600 |
| (4) A definition of "potentially hazardous" as it pertains to | 48601 |
| food in retail food establishments and to food in food service | 48602 |
| operations; | 48603 |
| (5) Criteria to be used in evaluating the primary business of | 48604 |
| a person or government entity for purposes of determining whether | 48605 |
| the person or entity should be licensed as a retail food | 48606 |
| establishment or food service operation. | 48607 |
| (B)(1) Except as provided in division (B)(2) of this section, | 48608 |
| if a model food code is established by the United States food and | 48609 |
| drug administration, the Ohio uniform food safety code shall be | 48610 |
| based on the most current version of the food and drug | 48611 |
| administration's model food code. If the food and drug | 48612 |
| administration adopts, modifies, or rescinds a provision in the | 48613 |
| model food code, not later than twelve months after the | 48614 |
|
administration's action, the | 48615 |
| health council shall adopt, amend, or rescind provisions in the | 48616 |
| Ohio uniform food safety code to ensure that it continues to | 48617 |
| conform with the model food code. | 48618 |
| (2) The Ohio uniform food safety code may contain or omit | 48619 |
| provisions that do not correspond to the food and drug | 48620 |
|
administration's model food code if | 48621 |
|
the public health council | 48622 |
| determines either of the following: | 48623 |
| (a) That rules can be adopted under this chapter that provide | 48624 |
| protection at least as effective as that which would be provided | 48625 |
| by basing the rules on the model food code; | 48626 |
| (b) That local conditions warrant the adoption of standards | 48627 |
| that are different from the model food code. | 48628 |
| Sec. 3717.06. | 48629 |
| 48630 | |
| 48631 | |
| 48632 | |
| department of health a position to be filled by an individual | 48633 |
| knowledgeable in food safety, food safety rules concerning food | 48634 |
| service operations, and the epidemiology of foodborne illness. The | 48635 |
| 48636 | |
| 48637 | |
| 48638 | |
| agencies, boards of health, representatives of retail and other | 48639 |
| food establishments, representatives of food service operations, | 48640 |
| and the federal government. | 48641 |
| Sec. 3717.07. (A) For purposes of establishing a licensing | 48642 |
|
fee under
sections 3717.25 and 3717.45 of the Revised Code, | 48643 |
| 48644 | |
| rules establishing uniform methodologies for use in calculating | 48645 |
| the costs of licensing retail food establishments in the | 48646 |
|
categories specified by the
| 48647 |
| licensing food service operations in the categories specified by | 48648 |
|
the
council. In adopting the rules, | 48649 |
| 48650 | |
| received from advisory boards or other entities representing the | 48651 |
| interests of retail food establishments and food service | 48652 |
| operations. | 48653 |
| (B) The rules shall include provisions that do all of the | 48654 |
| following: | 48655 |
| (1) Provide for calculations to be made according to fiscal | 48656 |
| years rather than licensing periods; | 48657 |
| (2) Limit the direct costs that may be attributed to the use | 48658 |
| of sanitarians by establishing appropriate statewide averages that | 48659 |
| may not be exceeded; | 48660 |
| (3) Limit the indirect costs that may be included in the | 48661 |
| calculation of fees to an amount that does not exceed thirty per | 48662 |
| cent of the cost of the licensing program; | 48663 |
| (4) Provide for a proportionate reduction in the fees to be | 48664 |
| charged if a licensor included anticipated costs in the | 48665 |
| immediately preceding calculation of licensing fees and the total | 48666 |
| amount of the anticipated costs was not incurred; | 48667 |
| (5) Provide for a proportionate reduction in the fees to be | 48668 |
| charged if it is discovered through an audit by the auditor of | 48669 |
| state or through any other means that the licensor has charged or | 48670 |
| is charging a licensing fee that exceeds the amount that should | 48671 |
| have been charged; | 48672 |
| (6) Provide for a twenty per cent reduction in the fees to be | 48673 |
| charged when the reduction is imposed as a penalty under division | 48674 |
| (C) of section 3717.071 of the Revised Code; | 48675 |
| (7) With regard to any fees charged for licensing vending | 48676 |
|
machine
locations, | 48677 |
| increasing fees by a percentage of increase over the previous | 48678 |
| year's fee that exceeds the percentage of increase in the consumer | 48679 |
| price index for all urban consumers (United States city average, | 48680 |
| all items), prepared by the United States department of labor, | 48681 |
| bureau of labor statistics, for the immediately preceding calendar | 48682 |
| year. | 48683 |
| Sec. 3717.071. (A) The | 48684 |
| of health shall prescribe forms for use in calculating the | 48685 |
| licensing fees that may be charged under sections 3717.25 and | 48686 |
| 3717.45 of the Revised Code. Each licensor that charges licensing | 48687 |
| fees shall use the forms in calculating its costs according to the | 48688 |
| uniform methodologies established in rules adopted under section | 48689 |
| 3717.07 of the Revised Code. | 48690 |
| (B)(1) If the licensor is a board of health, the board shall | 48691 |
|
submit the form to | 48692 |
| 48693 | |
|
director of health | 48694 |
| 48695 | |
| 48696 | |
| year in which the fees will apply. A form that is mailed to the | 48697 |
| director shall be considered to have been submitted on its | 48698 |
| postmark date. | 48699 |
| (2) On receipt of a form from a board of health, the
| 48700 |
| 48701 | |
| determine if the board has calculated its fees in accordance with | 48702 |
| the uniform methodologies. The director may request that the | 48703 |
| auditor of state conduct an audit of the board to determine if the | 48704 |
| fees it established are appropriate. The audit is in addition to | 48705 |
| the annual or biennial audit conducted pursuant to division (A) of | 48706 |
| section 117.11 of the Revised Code, and the cost of the audit is | 48707 |
| the responsibility of the board of health. If at any time the | 48708 |
| 48709 | |
| to believe that a different audit of a board of health is in the | 48710 |
| public interest, the director may request that the auditor of | 48711 |
| state conduct the audit. If the audit is conducted, the cost of | 48712 |
| the audit is the responsibility of the board of health. | 48713 |
| (C)(1) If a board of health fails to submit the forms as | 48714 |
| required under division (B)(1) of this section and the failure has | 48715 |
| occurred not more than twice in the immediately preceding | 48716 |
| five-year period, the board is subject to the following penalties: | 48717 |
| (a) If the form is late by one but not more than five working | 48718 |
| days, a fine of fifty dollars for each working day the form is | 48719 |
| late; | 48720 |
| (b) If the form is late by six working days but not more than | 48721 |
| ten working days, a fine of one hundred dollars for each working | 48722 |
| day the form is late; | 48723 |
| (c) If the form is late by more than ten working days, the | 48724 |
| board shall reduce by twenty per cent the fees it charges under | 48725 |
| section 3717.25 or 3717.45 of the Revised Code during the next | 48726 |
| succeeding fiscal year. | 48727 |
| (2) If a board fails to submit the forms and the failure has | 48728 |
| occurred more than twice in the immediately preceding five-year | 48729 |
| period, the board shall reduce by twenty per cent the fees it | 48730 |
| charges under section 3717.25 or 3717.45 of the Revised Code | 48731 |
| during the next succeeding fiscal year. | 48732 |
| (3) A board of health that is required to pay a fine or | 48733 |
| reduce its licensing fees shall not include any part of the cost | 48734 |
| of the penalty in the fees it charges under section 3717.25 or | 48735 |
| 3717.45 of the Revised Code or the fees it charges in operating | 48736 |
| any other licensing program. | 48737 |
| Sec. 3717.08. (A) The | 48738 |
| of health shall strive to increase consumer confidence in the | 48739 |
| state's food supply by promoting food safety awareness and | 48740 |
|
education. The efforts of the | 48741 |
| 48742 | |
| partnerships with representatives of retail food establishments, | 48743 |
| representatives of food service operations, and representatives of | 48744 |
| the academic community, including the Ohio state university | 48745 |
| extension service. | 48746 |
| (B) As part of | 48747 |
| 48748 | |
| both of the following: | 48749 |
| (1) Develop training programs regarding the Ohio uniform food | 48750 |
|
safety
code. The | 48751 |
| programs separately but shall coordinate the content of the | 48752 |
| programs to the greatest extent practicable. The training programs | 48753 |
|
shall be made
available to the | 48754 |
| 48755 | |
| representatives of boards of health and the health officials | 48756 |
| employed by the boards, representatives of retail food | 48757 |
| establishments, and representatives of food service operations. | 48758 |
| (2) Co-sponsor a biennial statewide food safety conference. | 48759 |
| Additional statewide food safety conferences may be held as | 48760 |
|
considered appropriate by the | 48761 |
| 48762 |
| Sec. 3717.11. (A) Each board of health shall be surveyed for | 48763 |
| the purpose of determining whether the board is qualified and has | 48764 |
| the capacity to administer and enforce this chapter and the rules | 48765 |
| adopted under it and to abide by the Ohio uniform food safety | 48766 |
|
code.
| 48767 |
| 48768 | |
| 48769 | |
| 48770 | |
| director of health. | 48771 |
| Each board shall be surveyed by | 48772 |
|
once
every three years.
| 48773 |
| accordance with rules adopted under sections 3717.33 and 3717.52 | 48774 |
|
of the Revised
Code,
as applicable. The | 48775 |
|
schedule and
conduct
| 48776 |
| minimizes, to the extent practicable, intrusion on and | 48777 |
| inconvenience to the board. | 48778 |
| If a survey demonstrates that the board is qualified and has | 48779 |
|
the requisite capacity, the director | 48780 |
| approve the board as the licensor of retail food establishments or | 48781 |
| food service operations, whichever is being considered, for the | 48782 |
| district the board serves. If a survey demonstrates that a board | 48783 |
| is not qualified or does not have the requisite capacity, the | 48784 |
|
director | 48785 |
| licensor, or shall revoke the director's approval, whichever is | 48786 |
| appropriate. The board may appeal the decision to deny or revoke | 48787 |
|
approval to the director | 48788 |
| conducted in accordance with rules adopted under section 3717.33 | 48789 |
| or 3717.52 of the Revised Code, as applicable. | 48790 |
| If approval is denied or revoked, the director
| 48791 |
| 48792 | |
| district served by the board. The alternative licensor shall be a | 48793 |
| board of health that is qualified and has the requisite capacity | 48794 |
| to serve as alternative licensor, except that if a qualified and | 48795 |
| capable board is not available from a health district within | 48796 |
|
reasonable proximity, the
director | 48797 |
| 48798 |
| (B) When the approval of a board is revoked, all valid | 48799 |
| licenses issued by that board for retail food establishments or | 48800 |
| food service operations, whichever have been affected, shall be | 48801 |
| treated as though issued by the alternative licensor. The licenses | 48802 |
| shall remain valid until scheduled to expire unless earlier | 48803 |
| suspended or revoked by the alternative licensor. | 48804 |
| (C) All fees charged under section 3717.25 or 3717.45 of the | 48805 |
| Revised Code that have not been expended by a board that has had | 48806 |
| its approval revoked shall be transferred to the alternative | 48807 |
| licensor. A board of health acting as alternative licensor shall | 48808 |
| deposit the fees into a special fund it establishes for receipt of | 48809 |
| funds pertaining to the district for which it is acting as | 48810 |
|
licensor.
| 48811 |
| 48812 | |
| 48813 | |
| 48814 | |
| in the general operations fund created in section 3701.83 of the | 48815 |
| Revised Code. All subsequent fees charged in the district by the | 48816 |
| alternative licensor shall be deposited in the same manner. Moneys | 48817 |
| deposited under this division shall be used solely for the | 48818 |
| administration and enforcement of this chapter and the rules | 48819 |
| adopted under it in the district for which the alternative | 48820 |
| licensor is acting as licensor. | 48821 |
| (D)(1) A board that has had its approval to act as a licensor | 48822 |
|
revoked may submit a request to the director | 48823 |
| 48824 | |
| writing and shall specify the corrective measures the board has | 48825 |
| taken and a proposed plan of action to remedy any remaining causes | 48826 |
| of the revocation. The director may reinstate the board as a | 48827 |
| licensor if all of the following occur: | 48828 |
| (a) The board pays or arranges to pay the alternative | 48829 |
| licensor or director, as applicable, for costs incurred in acting | 48830 |
| as licensor for the district and in transferring responsibility | 48831 |
| for the district to the board, if those costs exceed the moneys | 48832 |
|
available under
division (C) of this section for the district | 48833 |
| (b) The board corrects all causes of the
revocation | 48834 |
| (c) The alternative licensor consents to the reinstatement. | 48835 |
| (2) The reinstatement of a board as a licensor shall be | 48836 |
| conducted in accordance with procedures established in rules | 48837 |
|
adopted under this chapter by the director
| 48838 |
| 48839 |
| Sec. 3717.111. (A) A board of health acting as a licensor of | 48840 |
| retail food establishments or food service operations may withdraw | 48841 |
| from serving as licensor of either or both. Before withdrawing as | 48842 |
| licensor, the board shall provide written notice of its intent to | 48843 |
|
withdraw | 48844 |
| 48845 | |
| 48846 | |
| 48847 | |
| 48848 | |
| 48849 | |
| the health district served by the board. The alternative licensor | 48850 |
| shall be a board of health that is qualified and has the requisite | 48851 |
| capacity to serve as alternative licensor, except that if a | 48852 |
| qualified and capable board is not available from a health | 48853 |
|
district within reasonable proximity, the
| 48854 |
| 48855 | |
| alternative licensor. | 48856 |
| (B) When a board withdraws as licensor, all valid licenses | 48857 |
| issued by that board for retail food establishments or food | 48858 |
| service operations, whichever have been affected, shall be treated | 48859 |
| as though issued by the alternative licensor. The licenses shall | 48860 |
| remain valid until scheduled to expire unless earlier suspended or | 48861 |
| revoked by the alternative licensor. | 48862 |
| (C) All fees charged under section 3717.25 or 3717.45 of the | 48863 |
| Revised Code that have not been expended by a board that has | 48864 |
| withdrawn as licensor shall be transferred to the alternative | 48865 |
| licensor. A board of health acting as alternative licensor shall | 48866 |
| deposit the fees into a special fund it establishes for receipt of | 48867 |
| funds pertaining to the district for which it is acting as | 48868 |
|
licensor.
| 48869 |
| 48870 | |
| 48871 | |
| 48872 | |
| in the general operations fund created in section 3701.83 of the | 48873 |
| Revised Code. All subsequent fees charged in the district by the | 48874 |
| alternative licensor shall be deposited in the same manner. Moneys | 48875 |
| deposited under this division shall be used solely for the | 48876 |
| administration and enforcement of this chapter and the rules | 48877 |
| adopted under it in the district for which the alternative | 48878 |
| licensor is acting as licensor. | 48879 |
| Sec. 3717.22. (A) The following are not retail food | 48880 |
| establishments: | 48881 |
| (1) A food service operation licensed under this chapter, | 48882 |
| including a food service operation that provides the services of a | 48883 |
| retail food establishment pursuant to an endorsement issued under | 48884 |
| section 3717.44 of the Revised Code; | 48885 |
| (2) An entity exempt under divisions (B)(1) to (9) or (11) to | 48886 |
| (13) of section 3717.42 of the Revised Code from the requirement | 48887 |
| to be licensed as a food service operation and an entity exempt | 48888 |
| under division (B)(10) of that section if the entity is regulated | 48889 |
| by the department of agriculture as a food processing | 48890 |
| establishment under section 3715.021 of the Revised Code; | 48891 |
| (3) A business or that portion of a business that is | 48892 |
| regulated by the federal government or the department of | 48893 |
| agriculture as a food manufacturing or food processing business, | 48894 |
| including a business or that portion of a business regulated by | 48895 |
| the department of agriculture under Chapter 911., 913., 915., | 48896 |
| 917., 918., or 925. of the Revised Code. | 48897 |
| (B) All of the following are exempt from the requirement to | 48898 |
| be licensed as a retail food establishment: | 48899 |
| (1) An establishment with commercially prepackaged foods that | 48900 |
| are not potentially hazardous and contained in displays, the total | 48901 |
| space of which equals less than two hundred cubic feet; | 48902 |
| (2) A person at a farmers market that is registered with the | 48903 |
|
director of
| 48904 |
| Revised Code that offers for sale only one or more of the | 48905 |
| following: | 48906 |
| (a) Fresh unprocessed fruits or vegetables; | 48907 |
| (b) Products of a cottage food production operation; | 48908 |
| (c) Maple syrup, sorghum, or honey that is produced by a | 48909 |
| maple syrup or sorghum producer or beekeeper described in division | 48910 |
| (A) of section 3715.021 of the Revised Code; | 48911 |
| (d) Commercially prepackaged food that is not potentially | 48912 |
| hazardous, on the condition that the food is contained in | 48913 |
| displays, the total space of which equals less than one hundred | 48914 |
| cubic feet on the premises where the person conducts business at | 48915 |
| the farmers market. | 48916 |
| (3) A person who offers for sale at a roadside stand only | 48917 |
| fresh fruits and fresh vegetables that are unprocessed; | 48918 |
| (4) A nonprofit organization exempt from federal income | 48919 |
| taxation under section 501(c)(3) of the "Internal Revenue Code of | 48920 |
| 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, that raises | 48921 |
| funds by selling foods that are not potentially hazardous for not | 48922 |
| more than seven consecutive days or more than fifty-two separate | 48923 |
| days during a licensing period. This exemption extends to any | 48924 |
| individual or group raising all of its funds during the time | 48925 |
| periods specified in division (B)(4) of this section for the | 48926 |
| benefit of the nonprofit organization by selling foods under the | 48927 |
| same conditions. | 48928 |
| (5) An establishment that offers food contained in displays | 48929 |
| of less than five hundred square feet, and if required to be | 48930 |
| licensed would be classified as risk level one pursuant to rules | 48931 |
| establishing licensing categories for retail food establishments | 48932 |
| adopted under section 3717.33 of the Revised Code, on the | 48933 |
| condition that the establishment offers the food for sale at | 48934 |
| retail not more than six months in each calendar year; | 48935 |
| (6) A cottage food production operation, on the condition | 48936 |
| that the operation offers its products directly to the consumer | 48937 |
| from the site where the products are produced; | 48938 |
| (7) A maple syrup and sorghum processor and beekeeper | 48939 |
| described in division (A) of section 3715.021 of the Revised Code, | 48940 |
| on the condition that the processor or beekeeper offers only maple | 48941 |
| syrup, sorghum, or honey directly to the consumer from the site | 48942 |
| where those products are processed; | 48943 |
| (8) A person who annually maintains five hundred or fewer | 48944 |
| birds, on the condition that the person offers the eggs from those | 48945 |
| birds directly to the consumer from the location where the eggs | 48946 |
| are produced or at a farm product auction to which division | 48947 |
| (B)(11) of this section applies; | 48948 |
| (9) A person who annually raises and slaughters one thousand | 48949 |
| or fewer chickens, on the condition that the person offers dressed | 48950 |
| chickens directly to the consumer from the location where the | 48951 |
| chickens are raised and slaughtered or at a farm product auction | 48952 |
| to which division (B)(11) of this section applies; | 48953 |
| (10) A person who raises, slaughters, and processes the meat | 48954 |
| of nonamenable species described in divisions (A) and (B) of | 48955 |
| section 918.12 of the Revised Code, on the condition that the | 48956 |
| person offers the meat directly to the consumer from the location | 48957 |
| where the meat is processed or at a farm product auction to which | 48958 |
| division (B)(11) of this section applies; | 48959 |
| (11) A farm product auction, on the condition that it is | 48960 |
| registered with the director pursuant to section 3717.221 of the | 48961 |
| Revised Code that offers for sale at the farm product auction only | 48962 |
| one or more of the following: | 48963 |
| (a) The products described in divisions (B)(8) to (10) of | 48964 |
| this section that are produced, raised, slaughtered, or processed, | 48965 |
| as appropriate, by persons described in divisions (B)(8) to (10) | 48966 |
| of this section; | 48967 |
| (b) Fresh unprocessed fruits or vegetables; | 48968 |
| (c) Products of a cottage food production operation; | 48969 |
| (d) Maple syrup, sorghum, or honey that is produced by a | 48970 |
| maple syrup or sorghum producer or beekeeper described in division | 48971 |
| (A) of section 3715.021 of the Revised Code. | 48972 |
| (12) An establishment that, with respect to offering food for | 48973 |
| sale, offers only alcoholic beverages or prepackaged beverages | 48974 |
| that are not potentially hazardous; | 48975 |
| (13) An establishment that, with respect to offering food for | 48976 |
| sale, offers only alcoholic beverages, prepackaged beverages that | 48977 |
| are not potentially hazardous, or commercially prepackaged food | 48978 |
| that is not potentially hazardous, on the condition that the | 48979 |
| commercially prepackaged food is contained in displays, the total | 48980 |
| space of which equals less than two hundred cubic feet on the | 48981 |
| premises of the establishment; | 48982 |
| (14) An establishment that, with respect to offering food for | 48983 |
| sale, offers only fountain beverages that are not potentially | 48984 |
| hazardous; | 48985 |
| (15) A person who offers for sale only one or more of the | 48986 |
| following foods at a festival or celebration, on the condition | 48987 |
| that the festival or celebration is organized by a political | 48988 |
| subdivision of the state and lasts for a period not longer than | 48989 |
| seven consecutive days: | 48990 |
| (a) Fresh unprocessed fruits or vegetables; | 48991 |
| (b) Products of a cottage food production operation; | 48992 |
| (c) Maple syrup, sorghum, or honey if produced by a maple | 48993 |
| syrup or sorghum processor or beekeeper as described in division | 48994 |
| (A) of section 3715.021 of the Revised Code; | 48995 |
| (d) Commercially prepackaged food that is not potentially | 48996 |
| hazardous, on the condition that the food is contained in | 48997 |
| displays, the total space of which equals less than one hundred | 48998 |
| cubic feet; | 48999 |
| (e) Fruit butter produced at the festival or celebration and | 49000 |
| sold from the production site. | 49001 |
| (16) A farm market on the condition that it is registered | 49002 |
| with the director pursuant to section 3717.221 of the Revised Code | 49003 |
| that offers for sale at the farm market only one or more of the | 49004 |
| following: | 49005 |
| (a) Fresh unprocessed fruits or vegetables; | 49006 |
| (b) Products of a cottage food production operation; | 49007 |
| (c) Maple syrup, sorghum, or honey that is produced by a | 49008 |
| maple syrup or sorghum producer or beekeeper described in division | 49009 |
| (A) of section 3715.021 of the Revised Code; | 49010 |
| (d) Commercially prepackaged food that is not potentially | 49011 |
| hazardous, on the condition that the food is contained in | 49012 |
| displays, the total space of which equals less than one hundred | 49013 |
| cubic feet on the premises where the person conducts business at | 49014 |
| the farm market; | 49015 |
| (e) Cider and other juices manufactured on site at the farm | 49016 |
| market; | 49017 |
| (f) The products or items described in divisions (B)(8) to | 49018 |
| (10) of this section, on the condition that those products or | 49019 |
| items were produced by the person offering to sell them, and | 49020 |
| further conditioned that, with respect to eggs offered, the person | 49021 |
| offering to sell them annually maintains five hundred or fewer | 49022 |
| birds, and with respect to dressed chickens offered, the person | 49023 |
| annually raises and slaughters one thousand or fewer chickens. | 49024 |
| Sec. 3717.221. (A) Any of the following may register with the | 49025 |
|
director of | 49026 |
| (1) A farm market, which is a location where a producer | 49027 |
| offers fruits, vegetables, and other items for sale; | 49028 |
| (2) A farmers market, which is a location where producers | 49029 |
| congregate to offer fruits, vegetables, and other items for sale; | 49030 |
| (3) A farm product auction, which is a location where | 49031 |
| agricultural products, including food products, are offered for | 49032 |
| sale at auction. | 49033 |
| (B) The director shall inspect each farm market, farmers | 49034 |
| market, and farm product auction that registers under this | 49035 |
| section. Inspections shall occur at a frequency considered | 49036 |
| appropriate by the director and shall be conducted in accordance | 49037 |
| with sanitation standards established in rules adopted under this | 49038 |
| section. | 49039 |
| (C) The director shall adopt rules in accordance with Chapter | 49040 |
| 119. of the Revised Code as necessary to administer this section. | 49041 |
| Sec. 3717.23. (A) Each person or government entity seeking a | 49042 |
| retail food establishment license or the renewal of a license | 49043 |
| shall apply to the appropriate licensor on a form provided by the | 49044 |
| licensor. A licensor shall use a form prescribed and furnished to | 49045 |
|
the licensor by the
director of | 49046 |
| prescribed by the licensor that has been approved by the director. | 49047 |
| The applicant shall include with the application all information | 49048 |
| necessary for the licensor to process the application, as | 49049 |
| requested by the licensor. | 49050 |
| An application for a retail food establishment license, other | 49051 |
| than an application for a mobile retail food establishment | 49052 |
| license, shall be submitted to the licensor for the health | 49053 |
| district in which the retail food establishment is located. An | 49054 |
| application for a mobile retail food establishment license shall | 49055 |
| be submitted to the licensor for the health district in which the | 49056 |
| applicant's business headquarters are located, or, if the | 49057 |
| headquarters are located outside this state, to the licensor for | 49058 |
| the district where the applicant will first operate in this state. | 49059 |
| (B) The licensor shall review all applications received. The | 49060 |
| licensor shall issue a license for a new retail food establishment | 49061 |
| when the applicant submits a complete application and the licensor | 49062 |
| determines that the applicant meets all other requirements of this | 49063 |
| chapter and the rules adopted under it for receiving the license. | 49064 |
| The licensor shall issue a renewed license on receipt of a | 49065 |
| complete renewal application. | 49066 |
| The licensor shall issue licenses for retail food | 49067 |
| establishments on forms prescribed and furnished by the director | 49068 |
| 49069 | |
| establishment, the licensor shall post the establishment's layout, | 49070 |
| equipment, and items to be sold on the back of the license. | 49071 |
| A mobile retail food establishment license issued by one | 49072 |
| licensor shall be recognized by all other licensors in this state. | 49073 |
| (C)(1) A retail food establishment license expires at the end | 49074 |
| of the licensing period for which the license is issued, except as | 49075 |
| follows: | 49076 |
| (a) A license issued to a new retail food establishment after | 49077 |
| the first day of December does not expire until the end of the | 49078 |
| licensing period next succeeding issuance of the license. | 49079 |
| (b) A temporary retail food establishment license expires at | 49080 |
| the end of the period for which it is issued. | 49081 |
| (2) All retail food establishment licenses remain valid until | 49082 |
| scheduled to expire unless earlier suspended or revoked under | 49083 |
| section 3717.29 or 3717.30 of the Revised Code. | 49084 |
| (D) A retail food establishment license may be renewed, | 49085 |
| except that a temporary retail food establishment license is not | 49086 |
| renewable. A person or government entity seeking license renewal | 49087 |
| shall submit an application for renewal to the licensor not later | 49088 |
| than the first day of March, except in the case of a mobile or | 49089 |
| seasonal retail food establishment, when the renewal application | 49090 |
| shall be submitted before commencing operation in a new licensing | 49091 |
| period. A licensor may renew a license prior to the first day of | 49092 |
| March or the first day of operation in a new licensing period, but | 49093 |
| not before the first day of February immediately preceding the | 49094 |
| licensing period for which the license is being renewed. | 49095 |
| If a person or government entity does not file a renewal | 49096 |
| application with the licensor postmarked on or before the first | 49097 |
| day of March or, in the case of a mobile or seasonal retail food | 49098 |
| establishment, the first day of operation in a new licensing | 49099 |
| period, the licensor shall assess a penalty. The amount of the | 49100 |
| penalty shall be the lesser of fifty dollars or twenty-five per | 49101 |
| cent of the fee charged for renewing the license, if the licensor | 49102 |
| charges renewal fees. If an applicant is subject to a penalty, | 49103 |
| the licensor shall not renew the license until the applicant pays | 49104 |
| the penalty. | 49105 |
| (E)(1) A licensor may issue not more than ten temporary | 49106 |
| retail food establishment licenses per licensing period to the | 49107 |
| same person or government entity to operate at different events | 49108 |
| within the licensor's jurisdiction. For each particular event, a | 49109 |
| licensor may issue only one temporary retail food establishment | 49110 |
| license to the same person or government entity. | 49111 |
| (2) A licensor may issue a temporary retail food | 49112 |
| establishment license to operate for more than five consecutive | 49113 |
| days if both of the following apply: | 49114 |
| (a) The establishment will be operated at an event organized | 49115 |
| by a county agricultural society or independent agricultural | 49116 |
| society organized under Chapter 1711. of the Revised Code. | 49117 |
| (b) The person who will receive the license is a resident of | 49118 |
| the county or one of the counties for which the agricultural | 49119 |
| society was organized. | 49120 |
| (3) A person may be granted only one temporary retail food | 49121 |
| establishment license per licensing period pursuant to division | 49122 |
| (E)(2) of this section. | 49123 |
| (F) The licensor may place restrictions or conditions on a | 49124 |
| retail food establishment license, based on the equipment or | 49125 |
| facilities of the establishment, limiting the types of food that | 49126 |
| may be stored, processed, prepared, manufactured, or otherwise | 49127 |
| held or handled for retail sale. Limitations pertaining to a | 49128 |
| mobile retail food establishment shall be posted on the back of | 49129 |
| the license. | 49130 |
| (G) The person or government entity holding a license for a | 49131 |
| retail food establishment shall display the license for that | 49132 |
| retail food establishment at all times at the licensed location. | 49133 |
| (H) With the assistance of the department of
| 49134 |
| health, the licensor, to the extent practicable, shall computerize | 49135 |
| the process for licensing retail food establishments. | 49136 |
| Sec. 3717.25. (A) A licensor may charge fees for issuing and | 49137 |
| renewing retail food establishment licenses. Any licensing fee | 49138 |
| charged shall be used solely for the administration and | 49139 |
| enforcement of the provisions of this chapter and the rules | 49140 |
| adopted under it applicable to retail food establishments. | 49141 |
| Any licensing fee charged under this section shall be based | 49142 |
| on the licensor's costs of regulating retail food establishments, | 49143 |
| as determined according to the uniform methodologies established | 49144 |
| under section 3717.07 of the Revised Code. If the licensor is a | 49145 |
| board of health, a fee may be disapproved by the district advisory | 49146 |
| council in the case of a general health district or the | 49147 |
| legislative authority of the city in the case of a city health | 49148 |
| district. A disapproved fee shall not be charged by the board of | 49149 |
| health. | 49150 |
| At least thirty days prior to establishing a licensing fee, | 49151 |
| the licensor shall hold a public hearing regarding the proposed | 49152 |
| fee. At least thirty days prior to the public hearing, the | 49153 |
| licensor shall give written notice of the hearing to each person | 49154 |
| or government entity holding a retail food establishment license | 49155 |
| that may be affected by the proposed fee. The notice shall be | 49156 |
| mailed to the last known address of the licensee and shall specify | 49157 |
| the date, time, and place of the hearing and the amount of the | 49158 |
| proposed fee. On request, the licensor shall provide the completed | 49159 |
| uniform methodology used in the calculation of the licensor's | 49160 |
| costs and the proposed fee. | 49161 |
| (B) In addition to licensing fees, a licensor may charge fees | 49162 |
| for any of the following: | 49163 |
| (1) Review of facility layout and equipment specifications | 49164 |
| pertaining to retail food establishments, other than mobile and | 49165 |
| temporary retail food establishments; | 49166 |
| (2) Any necessary collection and bacteriological examination | 49167 |
| of samples from retail food establishments or similar services | 49168 |
| specified in rules adopted under this chapter by the director of | 49169 |
| 49170 |
| (3) Attendance at a course of study offered by the licensor | 49171 |
| in food protection as it pertains to retail food establishments, | 49172 |
| if the course is approved under section 3717.09 of the Revised | 49173 |
| Code. | 49174 |
| (C) The director may determine by rule an amount to be | 49175 |
| collected from applicants for retail food establishment licenses | 49176 |
| for use by the director in administering and enforcing the | 49177 |
| provisions of this chapter and the rules adopted under it | 49178 |
| applicable to retail food establishments. Licensors shall collect | 49179 |
| the amount prior to issuing an applicant's new or renewed license. | 49180 |
| If a licensing fee is charged under this section, the licensor | 49181 |
| shall collect the amount at the same time the fee is collected. | 49182 |
| Licensors are not required to provide notice or hold public | 49183 |
| hearings regarding amounts collected under this division. | 49184 |
| Not later than sixty days after the last day of the month in | 49185 |
| which a license is issued, the licensor shall certify the amount | 49186 |
| collected under this division and transmit the amount to the | 49187 |
| treasurer of state. All amounts received shall be deposited into a | 49188 |
|
distinct account of
the | 49189 |
|
created in
section
| 49190 |
|
director shall use the amounts solely for | 49191 |
| and enforcement of the provisions of this chapter and the rules | 49192 |
| adopted under it applicable to retail food establishments. | 49193 |
| When adopting rules regarding the amounts collected under | 49194 |
| this division, the director shall make available during the rule | 49195 |
| making process the current and projected expenses of administering | 49196 |
| and enforcing the provisions of this chapter and the rules adopted | 49197 |
| under it applicable to retail food establishments and the total of | 49198 |
|
all amounts
that have been deposited
in the | 49199 |
| operations fund pursuant to this division. | 49200 |
| Sec. 3717.27. (A) All inspections of retail food | 49201 |
| establishments conducted by a licensor under this chapter shall be | 49202 |
| conducted according to the procedures and schedule of frequency | 49203 |
| specified in rules adopted under section 3717.33 of the Revised | 49204 |
|
Code. An inspection may be
| 49205 |
| individual registered as a sanitarian or sanitarian-in-training | 49206 |
| under Chapter 4736. of the Revised Code. Each inspection shall be | 49207 |
| recorded on a form prescribed and furnished by the director of | 49208 |
| 49209 | |
| been prescribed by a board of health acting as licensor. With the | 49210 |
| assistance of the director, a board acting as licensor, to the | 49211 |
| extent practicable, shall computerize the inspection process and | 49212 |
| standardize the manner in which its inspections are conducted. | 49213 |
| (B) A person or government entity holding a retail food | 49214 |
| establishment license shall permit the licensor to inspect the | 49215 |
| retail food establishment for purposes of determining compliance | 49216 |
| with this chapter and the rules adopted under it or investigating | 49217 |
| a complaint concerning the establishment. On request of the | 49218 |
| licensor, the license holder shall permit the licensor to examine | 49219 |
| the records of the retail food establishment to obtain information | 49220 |
| about the purchase, receipt, or use of food, supplies, and | 49221 |
| equipment. | 49222 |
| A licensor may inspect any mobile retail food establishment | 49223 |
| being operated within the licensor's district. If an inspection of | 49224 |
| a mobile retail food establishment is conducted by a licensor | 49225 |
| other than the licensor that issued the license for the | 49226 |
| establishment, a report of the inspection shall be sent to the | 49227 |
| issuing licensor. The issuing licensor may use the inspection | 49228 |
| report to suspend or revoke the license under section 3717.29 or | 49229 |
| 3717.30 of the Revised Code. | 49230 |
| (C) An inspection may include the following: | 49231 |
| (1) An investigation to determine the identity and source of | 49232 |
| a particular food; | 49233 |
| (2) Removal from use of any equipment, utensils, hand tools, | 49234 |
| or parts of facilities found to be maintained in a condition that | 49235 |
| presents a clear and present danger to the public health. | 49236 |
| Sec. 3717.28. Trade secrets and other forms of information | 49237 |
| that under this chapter are required to be furnished to or are | 49238 |
| procured by a licensor of retail food establishments shall be for | 49239 |
| the exclusive use and information of the licensor in the discharge | 49240 |
| of the licensor's official duties. The information shall not be | 49241 |
| open to the public or used in any action or proceeding in any | 49242 |
| court. If the licensor is a board of health, the board may share | 49243 |
|
the information with
the | 49244 |
| 49245 | |
| 49246 |
| The licensor shall maintain the confidentiality of the | 49247 |
| information, except that the information may be consolidated in | 49248 |
| statistical tables and published by the licensor in statistical | 49249 |
| form for the use and information of state and local agencies and | 49250 |
| the public, if the statistics do not disclose details about a | 49251 |
| particular person or government entity that provided information | 49252 |
| to the licensor. An individual employed by the licensor or | 49253 |
| assisting the licensor in the administration of the retail food | 49254 |
| establishment licensing requirements of this chapter shall not | 49255 |
| willfully divulge any information that is confidential under this | 49256 |
| section to any person or government entity other than the licensor | 49257 |
| or the individual's superior. | 49258 |
| Sec. 3717.29. (A) This section applies when the licensor of | 49259 |
| retail food establishments is a board of health. | 49260 |
| (B) A board of health may suspend or revoke a retail food | 49261 |
| establishment license on determining that the license holder is in | 49262 |
| violation of any requirement of this chapter or the rules adopted | 49263 |
| under it applicable to retail food establishments, including a | 49264 |
| violation evidenced by documented failure to maintain sanitary | 49265 |
| conditions within the establishment. | 49266 |
| (C)(1) Except in the case of a violation that presents a | 49267 |
| clear and present danger to the public health, before initiating | 49268 |
| action to suspend or revoke a retail food establishment license, | 49269 |
| the board shall give the license holder written notice specifying | 49270 |
| each violation and a reasonable time within which the license | 49271 |
| holder must correct each violation to avoid suspension or | 49272 |
| revocation of the license. The board may extend the time | 49273 |
| specified in the notice for correcting a violation if the license | 49274 |
| holder is making a good faith effort to correct it. | 49275 |
| If the license holder fails to correct the violation in the | 49276 |
| time granted by the board, the board may initiate action to | 49277 |
| suspend or revoke the retail food establishment license by giving | 49278 |
| the license holder written notice of the proposed suspension or | 49279 |
| revocation. The board shall include in the notice a description of | 49280 |
| the procedure for appealing the proposed suspension or revocation. | 49281 |
| The license holder may appeal the proposed suspension or | 49282 |
| revocation by giving written notice to the board. The license | 49283 |
| holder shall specify in the notice whether a hearing is requested. | 49284 |
| The appeal shall be conducted in accordance with division (C)(3) | 49285 |
| of this section. | 49286 |
| A health commissioner or other person employed by the board, | 49287 |
| if the health commissioner or person is authorized by the board to | 49288 |
| take the action, may take any action that the board may take under | 49289 |
| division (C)(1) of this section. | 49290 |
| (2) If a board initiates actions to revoke or, except in the | 49291 |
| case of a violation that presents a clear and present danger to | 49292 |
| the public health, to suspend a retail food establishment license, | 49293 |
| the board shall determine whether to revoke or suspend the license | 49294 |
| by a majority vote of the board members who are present at a | 49295 |
| meeting at which there is a quorum. | 49296 |
| If the board decides to revoke or suspend the license, the | 49297 |
| board shall issue a formal written order revoking or suspending | 49298 |
| the license. | 49299 |
| (3) An appeal made under division (C)(1) of this section | 49300 |
| shall be conducted in accordance with procedures established in | 49301 |
|
rules
adopted by the director of | 49302 |
| 3717.33 of the Revised Code. If a license holder requests a | 49303 |
| hearing, the board shall hold the hearing before issuing an order | 49304 |
| under division (C)(2) of this section but may hold the hearing at | 49305 |
| the same meeting at which issuance of the order is considered. | 49306 |
| (D)(1) On determining that a license holder is in violation | 49307 |
| of any requirement of this chapter or the rules adopted under it | 49308 |
| applicable to retail food establishments and that the violation | 49309 |
| presents a clear and present danger to the public health, the | 49310 |
| board may suspend the retail food establishment license without | 49311 |
| giving written notice or affording the license holder the | 49312 |
| opportunity to correct the violation. If the license holder is | 49313 |
| operating a mobile retail food establishment, either the licensor | 49314 |
| that issued the license or the licensor for the health district in | 49315 |
| which the establishment is being operated may suspend the license. | 49316 |
| A suspension under division (D)(1) of this section takes | 49317 |
| effect immediately and remains in effect until the board rescinds | 49318 |
| the suspension. When a mobile retail food establishment license is | 49319 |
| suspended under this division, the licensor that suspended the | 49320 |
| license shall hold the license until the suspension is lifted and | 49321 |
| the licensor receives from the license holder written notice of | 49322 |
| the next location at which the license holder proposes to operate | 49323 |
| the retail food establishment. | 49324 |
| After suspending a license under division (D)(1) of this | 49325 |
| section, the licensor shall give the license holder written notice | 49326 |
| of the procedure for appealing the suspension. The license holder | 49327 |
| may appeal the suspension by giving written notice to the board | 49328 |
| and specifying in the notice whether a hearing is requested. The | 49329 |
| appeal shall be conducted in accordance with division (D)(2) of | 49330 |
| this section. | 49331 |
| A health commissioner, if authorized by the board to take the | 49332 |
| action, may take any action that may be taken by the board under | 49333 |
| division (D)(1) of this section. A health commissioner who | 49334 |
| suspends a license under this authority, on determining that there | 49335 |
| is no longer a clear and present danger to the public health, may | 49336 |
| rescind the suspension without consulting the board. | 49337 |
| (2) If the license holder appeals a suspension under division | 49338 |
| (D)(1) of this section, the board shall determine whether the | 49339 |
| clear and present danger to the public health continues to exist | 49340 |
| by majority vote of the board members who are present at a meeting | 49341 |
| at which there is a quorum. | 49342 |
| If the board determines that there is no longer a clear and | 49343 |
| present danger to the public health, the board shall rescind the | 49344 |
| suspension. If the board determines that the clear and present | 49345 |
| danger continues to exist, the board shall issue an order | 49346 |
| continuing the suspension. | 49347 |
| (3) An appeal requested under division (D)(1) of this section | 49348 |
| shall be conducted in accordance with procedures established in | 49349 |
|
rules adopted by the director | 49350 |
| of the Revised Code. If the license holder requests a hearing, the | 49351 |
| board shall hold the hearing not later than two business days | 49352 |
| after the board receives the request. The board shall hold the | 49353 |
| hearing before issuing an order under division (D)(2) of this | 49354 |
| section but may conduct the hearing at the same meeting at which | 49355 |
| issuance of the order is considered. In the case of a suspension | 49356 |
| of a mobile retail food establishment, the appeal shall be made to | 49357 |
| the licensor that suspended the license. | 49358 |
| (E) A license holder may appeal an order issued under | 49359 |
| division (C) or (D) of this section to the common pleas court of | 49360 |
| the county in which the licensor is located. | 49361 |
| Sec. 3717.30. (A) This section applies when the licensor of | 49362 |
|
retail food establishments is the director of | 49363 |
| (B) The director of | 49364 |
| a retail food establishment license on determining that a license | 49365 |
| holder is in violation of the provisions of this chapter or the | 49366 |
| rules adopted under it pertaining to retail food establishments, | 49367 |
| including a violation evidenced by documented failure to maintain | 49368 |
| sanitary conditions within the establishment. Except as provided | 49369 |
| in division (C)(9) of this section, the suspension or revocation | 49370 |
| of a license is not effective until the license holder is given | 49371 |
| written notice of the violation, a reasonable amount of time to | 49372 |
| correct the violation, and an opportunity for a hearing. | 49373 |
| (C) All actions and proceedings undertaken pursuant to this | 49374 |
| section shall comply with Chapter 119. of the Revised Code, except | 49375 |
| as follows: | 49376 |
| (1) The location of any adjudicatory hearing that the license | 49377 |
|
holder requests shall be the director's offices in | 49378 |
| Franklin county. | 49379 |
| (2) The director shall notify a license holder by certified | 49380 |
| mail or personal delivery that the license holder is conditionally | 49381 |
| entitled to a hearing. The director shall specify in the notice | 49382 |
| that, in order to obtain a hearing, the license holder must | 49383 |
| request the hearing not later than ten days after the date of | 49384 |
| receipt of the notice. | 49385 |
| (3) If the license holder requests a hearing, the date set | 49386 |
| for the hearing shall be not later than ten days after the date on | 49387 |
| which the director receives the request, unless the director and | 49388 |
| the license holder agree otherwise. | 49389 |
| (4) The director shall not postpone or continue an | 49390 |
| adjudication hearing without the consent of the license holder. If | 49391 |
| the license holder requests a postponement or continuation of an | 49392 |
| adjudication hearing, the director shall not grant it unless the | 49393 |
| license holder demonstrates that an extreme hardship will be | 49394 |
| incurred in holding the adjudication hearing on that hearing date. | 49395 |
| If the director grants a postponement or continuation on the | 49396 |
| grounds of extreme hardship, the record shall document the nature | 49397 |
| and cause of the extreme hardship. | 49398 |
| (5) In lieu of having a hearing and upon the license holder's | 49399 |
| written request to the director, the license holder may submit to | 49400 |
| the director, not later than the date of the hearing set pursuant | 49401 |
| to division (C)(3) of this section, documents, papers, and other | 49402 |
| written evidence to support the license holder's claim. | 49403 |
| (6) If the director appoints a referee or examiner to conduct | 49404 |
| the hearing, the following apply: | 49405 |
| (a) A copy of the written adjudication report and | 49406 |
| recommendations of the referee or examiner shall be served by | 49407 |
| certified mail upon the director and the license holder not later | 49408 |
| than three business days following the conclusion of the hearing. | 49409 |
| (b) Not later than three business days after receipt of the | 49410 |
| report and recommendations, the license holder may file with the | 49411 |
| director written objections to the report and recommendations. | 49412 |
| (c) The director shall consider the objections submitted by | 49413 |
| the license holder before approving, modifying, or disapproving | 49414 |
| the report and recommendations. The director shall serve the | 49415 |
| director's order upon the license holder by certified mail not | 49416 |
| later than six business days after receiving the report and | 49417 |
| recommendations. | 49418 |
| (7) If the director conducts the hearing, the director shall | 49419 |
| serve the director's decision by certified mail upon the license | 49420 |
| holder not later than three business days following the close of | 49421 |
| the hearing. | 49422 |
| (8) If no hearing is held, the director shall issue an order | 49423 |
| by certified mail to the license holder not later than three | 49424 |
| business days following the last date possible for a hearing, | 49425 |
| based on the record that is available. | 49426 |
| (9) If the director determines that an emergency exists that | 49427 |
| presents a clear and present danger to the public health, the | 49428 |
| director may suspend a license, effective without a hearing. | 49429 |
| Thereafter, without delay, the director shall afford the license | 49430 |
| holder an opportunity for hearing. On determining that there is no | 49431 |
| longer a clear and present danger to the public health, the | 49432 |
| director may rescind the suspension without a hearing. | 49433 |
| Sec. 3717.31. (A) This section applies when the licensor of | 49434 |
| retail food establishments is a board of health. | 49435 |
| As used in this section, "prosecutor" has the same meaning as | 49436 |
| in section 2935.01 of the Revised Code. | 49437 |
| (B) At the request of the board of health, the prosecutor | 49438 |
| with jurisdiction in the area where a person allegedly has | 49439 |
| violated section 3717.21 of the Revised Code shall commence a | 49440 |
| criminal prosecution against the person. | 49441 |
| At the request of a board of health, the director of | 49442 |
| 49443 | |
| the prosecution of a person who is not in compliance with the | 49444 |
| provisions of this chapter and the rules adopted under it | 49445 |
| applicable to retail food establishments. Requests shall be made | 49446 |
| and assistance shall be provided in accordance with rules adopted | 49447 |
|
by the director | 49448 |
| Revised Code. | 49449 |
| (C) At the request of the board of health, the prosecutor | 49450 |
| with jurisdiction in the area where a person or government entity | 49451 |
| allegedly has failed to comply with a requirement of this chapter | 49452 |
| or the rules adopted under it applicable to retail food | 49453 |
| establishments shall commence in common pleas court an action | 49454 |
| requesting the issuance of a temporary restraining order or a | 49455 |
| preliminary or permanent injunction or a mandamus action regarding | 49456 |
| the act of noncompliance. The court may grant the appropriate | 49457 |
| relief if it is shown that the respondent failed to comply with | 49458 |
| the requirement. | 49459 |
| Notwithstanding the penalties established in section 2705.05 | 49460 |
| of the Revised Code, a person or government entity found to be in | 49461 |
| contempt of court for failing to comply with a restraining order, | 49462 |
| injunction, or writ of mandamus issued pursuant to this division | 49463 |
| shall be fined not more than one thousand dollars for each | 49464 |
| offense. Each day the noncompliance continues is a separate | 49465 |
| offense. | 49466 |
| (D) Fifty per cent of all fines collected under this section | 49467 |
| shall be deposited in an appropriate fund created for the board's | 49468 |
| use in administering the provisions of this chapter and the rules | 49469 |
| adopted under it applicable to retail food establishments. The | 49470 |
| remaining fifty per cent shall be credited to the general fund of | 49471 |
| the political subdivision in which the case is prosecuted. | 49472 |
| (E) The remedies available under this section are in addition | 49473 |
| to any other remedies available under the law. | 49474 |
| Sec. 3717.32. (A) This section applies when the licensor of | 49475 |
|
retail food
establishments is the director of | 49476 |
| (B) In addition to other remedies provided by law and | 49477 |
| irrespective of whether an adequate remedy at law exists, the | 49478 |
|
director of | 49479 |
| pleas for a temporary or permanent injunction or other appropriate | 49480 |
| relief concerning the violation of a provision of this chapter or | 49481 |
| the rules adopted under it pertaining to retail food | 49482 |
| establishments. Application shall be made to the court in the | 49483 |
| county in which the violation occurs. | 49484 |
| Notwithstanding the penalties established in section 2705.05 | 49485 |
| of the Revised Code, a person or government entity found to be in | 49486 |
| contempt of court for failing to comply with an injunction or | 49487 |
| other relief issued pursuant to this division shall be fined not | 49488 |
| more than one thousand dollars. Each day the noncompliance | 49489 |
| continues is a separate offense. | 49490 |
| (C) Fifty per cent of all fines collected under this section | 49491 |
| shall be deposited into the state treasury to the credit of a | 49492 |
|
distinct account in the | 49493 |
|
created in
section | 49494 |
| for the administration and enforcement of sections 3717.21 to | 49495 |
| 3717.33 of the Revised Code. The remaining fifty per cent shall be | 49496 |
| credited to the general fund of the political subdivision in which | 49497 |
| the case is prosecuted. | 49498 |
| Sec. 3717.33. Pursuant to section 3717.04 of the Revised | 49499 |
|
Code, the director of | 49500 |
| regarding the following: | 49501 |
| (A) Licensing categories for retail food establishments and | 49502 |
| licensing requirements for each category, including appropriate | 49503 |
| practices for the activities performed by a retail food | 49504 |
| establishment; | 49505 |
| (B) Standards for collection of food samples from retail food | 49506 |
| establishments for purposes of identifying adulteration and | 49507 |
| misbranding; | 49508 |
| (C) Records to be generated and maintained by licensed retail | 49509 |
| food establishments; | 49510 |
| (D) Appeals of proposed suspensions and revocations of retail | 49511 |
| food establishment licenses and appeals of suspensions of licenses | 49512 |
| issued for violations presenting a clear and present danger to the | 49513 |
| public health; | 49514 |
| (E) Standards and procedures, including a schedule of | 49515 |
| frequency, for conducting inspections of retail food | 49516 |
| establishments; | 49517 |
| (F) Standards and procedures for determining during an | 49518 |
| inspection whether articles should be removed from use because of | 49519 |
| a clear and present danger to the public health; | 49520 |
| (G) Standards and procedures for conducting investigations of | 49521 |
| complaints pertaining to retail food establishments; | 49522 |
| (H) Surveys conducted by the director to determine whether | 49523 |
| boards of health are qualified and have the capacity to administer | 49524 |
| and enforce the provisions of this chapter and the rules adopted | 49525 |
| under it applicable to retail food establishments and to abide by | 49526 |
| the Ohio uniform food safety code; | 49527 |
| (I) Reinstatement of a board of health as a licensor after | 49528 |
| the director has revoked the approval of the board; | 49529 |
| (J) Procedures for resolving disputes between licensors and | 49530 |
| the holders of licenses for retail food establishments; | 49531 |
| (K) Procedures for providing enforcement support to a board | 49532 |
| of health requesting assistance in the prosecution of a person for | 49533 |
| a violation of the provisions of this chapter applicable to retail | 49534 |
| food establishments; | 49535 |
| (L) Any other matter the director considers relevant to the | 49536 |
| administration and enforcement of the provisions of this chapter | 49537 |
| applicable to retail food establishments. | 49538 |
| Sec. 3717.43. (A) Each person or government entity | 49539 |
| requesting a food service operation license or the renewal of a | 49540 |
| license shall apply to the appropriate licensor on a form provided | 49541 |
| by the licensor. Licensors shall use a form prescribed and | 49542 |
| furnished to the licensor by the director of health or a form | 49543 |
| prescribed by the licensor that has been approved by the director. | 49544 |
| The applicant shall include with the application all information | 49545 |
| necessary for the licensor to process the application, as | 49546 |
| requested by the licensor. | 49547 |
| An application for a food service operation license, other | 49548 |
| than an application for a mobile or catering food service | 49549 |
| operation license, shall be submitted to the licensor for the | 49550 |
| health district in which the food service operation is located. An | 49551 |
| application for a mobile food service operation license shall be | 49552 |
| submitted to the licensor for the health district in which the | 49553 |
| applicant's business headquarters are located, or, if the | 49554 |
| headquarters are located outside this state, to the licensor for | 49555 |
| the district where the applicant will first operate in this state. | 49556 |
| An application for a catering food service operation license shall | 49557 |
| be submitted to the licensor for the district where the | 49558 |
| applicant's base of operation is located. | 49559 |
| (B) The licensor shall review all applications received. The | 49560 |
| licensor shall issue a license for a new food service operation | 49561 |
| when the applicant submits a complete application and the licensor | 49562 |
| determines that the applicant meets all other requirements of this | 49563 |
| chapter and the rules adopted under it for receiving the license. | 49564 |
| The licensor shall issue a renewed license on receipt of a | 49565 |
| complete renewal application. | 49566 |
| The licensor shall issue licenses for food service operations | 49567 |
| on forms prescribed and furnished by the director of health. If | 49568 |
| the license is for a mobile food service operation, the licensor | 49569 |
| shall post the operation's layout, equipment, and menu on the back | 49570 |
| of the license. | 49571 |
| A mobile or catering food service operation license issued by | 49572 |
| one licensor shall be recognized by all other licensors in this | 49573 |
| state. | 49574 |
| (C)(1) A food service operation license expires at the end of | 49575 |
| the licensing period for which the license is issued, except as | 49576 |
| follows: | 49577 |
| (a) A license issued to a new food service operation after | 49578 |
| the first day of December shall not expire until the end of the | 49579 |
| licensing period next succeeding issuance of the license. | 49580 |
| (b) A temporary food service operation license expires at the | 49581 |
| end of the period for which it is issued. | 49582 |
| (2) All food service operation licenses remain valid until | 49583 |
| they are scheduled to expire unless earlier suspended or revoked | 49584 |
| under section 3717.49 of the Revised Code. | 49585 |
| (D) A food service operation license may be renewed, except | 49586 |
| that a temporary food service operation license is not renewable. | 49587 |
| A person or government entity seeking license renewal shall submit | 49588 |
| an application for renewal to the licensor not later than the | 49589 |
| first day of March, except that in the case of a mobile or | 49590 |
| seasonal food service operation the renewal application shall be | 49591 |
| submitted before commencing operation in a new licensing period. A | 49592 |
| licensor may renew a license prior to the first day of March or | 49593 |
| the first day of operation in a new licensing period, but not | 49594 |
| before the first day of February immediately preceding the | 49595 |
| licensing period for which the license is being renewed. | 49596 |
| If a renewal application is not filed with the licensor or | 49597 |
| postmarked on or before the first day of March or, in the case of | 49598 |
| a mobile or seasonal food service operation, the first day of | 49599 |
| operation in a new licensing period, the licensor shall assess a | 49600 |
| penalty if the licensor charges a license renewal fee. The amount | 49601 |
|
of the penalty shall be the | 49602 |
|
twenty-five per cent of the renewal fee | 49603 |
| 49604 | |
| the renewal fee multiplied by the number of weeks that have | 49605 |
| elapsed since payment of the fee was due. If an applicant is | 49606 |
| subject to a penalty, the licensor shall not renew the license | 49607 |
| until the applicant pays the penalty. | 49608 |
| (E)(1) A licensor may issue not more than ten temporary food | 49609 |
| service operation licenses per licensing period to the same person | 49610 |
| or government entity to operate at different events within the | 49611 |
| licensor's jurisdiction. For each particular event, a licensor may | 49612 |
| issue only one temporary food service operation license to the | 49613 |
| same person or government entity. | 49614 |
| (2) A licensor may issue a temporary food service operation | 49615 |
| license to operate for more than five consecutive days if both of | 49616 |
| the following apply: | 49617 |
| (a) The operation will be operated at an event organized by a | 49618 |
| county agricultural society or independent agricultural society | 49619 |
| organized under Chapter 1711. of the Revised Code; | 49620 |
| (b) The person who will receive the license is a resident of | 49621 |
| the county or one of the counties for which the agricultural | 49622 |
| society was organized. | 49623 |
| (3) A person may be granted only one temporary food service | 49624 |
| operation license per licensing period pursuant to division (E)(2) | 49625 |
| of this section. | 49626 |
| (F) The licensor may place restrictions or conditions on a | 49627 |
| food service operation license limiting the types of food that may | 49628 |
| be prepared or served by the food service operation based on the | 49629 |
| equipment or facilities of the food service operation. Limitations | 49630 |
| pertaining to a mobile or catering food service operation shall be | 49631 |
| posted on the back of the license. | 49632 |
| (G) The person or government entity holding a license for a | 49633 |
| food service operation shall display the license for that food | 49634 |
| service operation at all times at the licensed location. A person | 49635 |
| or government entity holding a catering food service operation | 49636 |
| license shall also maintain a copy of the license at each catered | 49637 |
| event. | 49638 |
| (H) With the assistance of the department of health, the | 49639 |
| licensor, to the extent practicable, shall computerize the process | 49640 |
| for licensing food service operations. | 49641 |
| Sec. 3717.48. Trade secrets and other forms of information | 49642 |
| that, under this chapter, are required to be furnished to or are | 49643 |
| procured by a licensor of food service operations shall be for the | 49644 |
| exclusive use and information of the licensor in the discharge of | 49645 |
| the licensor's official duties. The information shall not be open | 49646 |
| to the public or used in any action or proceeding in any court. | 49647 |
| If the licensor is a board of health, the board may share the | 49648 |
|
information with
the director of health | 49649 |
| 49650 | |
| 49651 | |
| 49652 |
| The licensor shall maintain the confidentiality of the | 49653 |
| information, except that the information may be consolidated in | 49654 |
| statistical tables and published by the licensor in statistical | 49655 |
| form for the use and information of state and local agencies and | 49656 |
| the public, if the statistics do not disclose details about a | 49657 |
| particular person or government entity that provided information | 49658 |
| to the licensor. An individual employed by the licensor or | 49659 |
| assisting the licensor in the administration of the food service | 49660 |
| operation licensing requirements of this chapter shall not | 49661 |
| willfully divulge any information that is confidential under this | 49662 |
| section to any person or government entity other than the licensor | 49663 |
| or the individual's superior. | 49664 |
| Sec. 3718.03. (A) There is hereby created the sewage | 49665 |
| treatment system technical advisory committee consisting of the | 49666 |
| director of health or the director's designee and ten members who | 49667 |
| are knowledgeable about sewage treatment systems and technologies. | 49668 |
| Of the ten members, four shall be appointed by the governor, | 49669 |
| three shall be appointed by the president of the senate, and | 49670 |
| three shall be appointed by the speaker of the house of | 49671 |
| representatives. | 49672 |
| (1) Of the members appointed by the governor, one shall | 49673 |
| represent academia, one shall be a representative of the public | 49674 |
| who is not employed by the state or any of its political | 49675 |
| subdivisions and who does not have a pecuniary interest in | 49676 |
| household sewage treatment systems, one shall be an engineer from | 49677 |
| the environmental protection agency, and one shall be selected | 49678 |
| from among soil scientists in the division of soil and water | 49679 |
| 49680 |
| (2) Of the members appointed by the president of the senate, | 49681 |
| one shall be a health commissioner who is a member of and | 49682 |
| recommended by the association of Ohio health commissioners, one | 49683 |
| shall represent the interests of manufacturers of household sewage | 49684 |
| treatment systems, and one shall represent installers and service | 49685 |
| providers. | 49686 |
| (3) Of the members appointed by the speaker of the house of | 49687 |
| representatives, one shall be a health commissioner who is a | 49688 |
| member of and recommended by the association of Ohio health | 49689 |
| commissioners, one shall represent the interests of manufacturers | 49690 |
| of household sewage treatment systems, and one shall be a | 49691 |
| sanitarian who is registered under Chapter 4736. of the Revised | 49692 |
| Code and who is a member of the Ohio environmental health | 49693 |
| association. | 49694 |
| (B) Terms of members appointed to the committee shall be for | 49695 |
| three years, with each term ending on the same day of the same | 49696 |
| month as did the term that it succeeds. Each member shall serve | 49697 |
| from the date of appointment until the end of the term for which | 49698 |
| the member was appointed. | 49699 |
| Members may be reappointed. Vacancies shall be filled in the | 49700 |
| same manner as provided for original appointments. Any member | 49701 |
| appointed to fill a vacancy occurring prior to the expiration date | 49702 |
| of the term for which the member was appointed shall hold office | 49703 |
| for the remainder of that term. A member shall continue to serve | 49704 |
| after the expiration date of the member's term until the member's | 49705 |
| successor is appointed or until a period of sixty days has | 49706 |
| elapsed, whichever occurs first. The applicable appointing | 49707 |
| authority may remove a member from the committee for failure to | 49708 |
| attend two consecutive meetings without showing good cause for | 49709 |
| the absences. | 49710 |
| (C) The technical advisory committee annually shall select | 49711 |
| from among its members a chairperson and a vice-chairperson and a | 49712 |
| secretary to keep a record of its proceedings. A majority vote of | 49713 |
| the members of the full committee is necessary to take action on | 49714 |
| any matter. The committee may adopt bylaws governing its | 49715 |
| operation, including bylaws that establish the frequency of | 49716 |
| meetings. | 49717 |
| (D) Serving as a member of the sewage treatment system | 49718 |
| technical advisory committee does not constitute holding a public | 49719 |
| office or position of employment under the laws of this state and | 49720 |
| does not constitute grounds for removal of public officers or | 49721 |
| employees from their offices or positions of employment. Members | 49722 |
| of the committee shall serve without compensation for attending | 49723 |
| committee meetings. | 49724 |
| (E) A member of the committee shall not have a conflict of | 49725 |
| interest with the position. For the purposes of this division, | 49726 |
| "conflict of interest" means the taking of any action that | 49727 |
| violates any provision of Chapter 102. or 2921. of the Revised | 49728 |
| Code. | 49729 |
| (F) The sewage treatment system technical advisory committee | 49730 |
| shall do all of the following: | 49731 |
| (1) Develop with the department of health standards and | 49732 |
| guidelines for approving or disapproving a sewage treatment | 49733 |
| system or components of a system under section 3718.04 of the | 49734 |
| Revised Code; | 49735 |
| (2) Develop with the department an application form to be | 49736 |
| submitted to the director by an applicant for approval or | 49737 |
| disapproval of a sewage treatment system or components of a system | 49738 |
| and specify the information that must be included with an | 49739 |
| application form; | 49740 |
| (3) Advise the director on the approval or disapproval of an | 49741 |
| application sent to the director under section 3718.04 of the | 49742 |
| Revised Code requesting approval of a sewage treatment system or | 49743 |
| components of a system; | 49744 |
| (4) Pursue and recruit in an active manner the research, | 49745 |
| development, introduction, and timely approval of innovative and | 49746 |
| cost-effective household sewage treatment systems and components | 49747 |
| of a system for use in this state, which shall include conducting | 49748 |
| pilot projects to assess the effectiveness of a system or | 49749 |
| components of a system; | 49750 |
| (5) By January 1, 2008, provide the household sewage and | 49751 |
| small flow on-site sewage treatment system study commission | 49752 |
| created by Am. Sub. H.B. 119 of the 127th general assembly with a | 49753 |
| list of available alternative systems and the estimated cost of | 49754 |
| each system. | 49755 |
| (G) The chairperson of the committee shall prepare and | 49756 |
| submit an annual report concerning the activities of the | 49757 |
| committee to the general assembly not later than ninety days after | 49758 |
| the end of the calendar year. The report shall discuss the number | 49759 |
| of applications submitted under section 3718.04 of the Revised | 49760 |
| Code for the approval of a new sewage treatment system or a | 49761 |
| component of a system, the number of such systems and components | 49762 |
| that were approved, any information that the committee considers | 49763 |
| beneficial to the general assembly, and any other information that | 49764 |
| the chairperson determines is beneficial to the general assembly. | 49765 |
| If other members of the committee determine that certain | 49766 |
| information should be included in the report, they shall submit | 49767 |
| the information to the chairperson not later than thirty days | 49768 |
| after the end of the calendar year. | 49769 |
| (H) The department shall provide meeting space for the | 49770 |
| committee. The committee shall be assisted in its duties by the | 49771 |
| staff of the department. | 49772 |
| (I) Sections 101.82 to 101.87 of the Revised Code do not | 49773 |
| apply to the sewage treatment system technical advisory committee. | 49774 |
| Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09 and | 49775 |
| 3721.99 of the Revised Code: | 49776 |
| (1)(a) "Home" means an institution, residence, or facility | 49777 |
| that provides, for a period of more than twenty-four hours, | 49778 |
| whether for a consideration or not, accommodations to three or | 49779 |
| more unrelated individuals who are dependent upon the services of | 49780 |
| others, including a nursing home, residential care facility, home | 49781 |
| for the aging, and a veterans' home operated under Chapter 5907. | 49782 |
| of the Revised Code. | 49783 |
| (b) "Home" also means both of the following: | 49784 |
| (i) Any facility that a person, as defined in section 3702.51 | 49785 |
| of the Revised Code, proposes for certification as a skilled | 49786 |
| nursing facility or nursing facility under Title XVIII or XIX of | 49787 |
| the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, | 49788 |
| as amended, and for which a certificate of need, other than a | 49789 |
| certificate to recategorize hospital beds as described in section | 49790 |
| 3702.522 of the Revised Code or division (R)(7)(d) of the version | 49791 |
| of section 3702.51 of the Revised Code in effect immediately prior | 49792 |
| to April 20, 1995, has been granted to the person under sections | 49793 |
| 3702.51 to 3702.62 of the Revised Code after August 5, 1989; | 49794 |
| (ii) A county home or district home that is or has been | 49795 |
| licensed as a residential care facility. | 49796 |
| (c) "Home" does not mean any of the following: | 49797 |
| (i) Except as provided in division (A)(1)(b) of this section, | 49798 |
| a public hospital or hospital as defined in section 3701.01 or | 49799 |
| 5122.01 of the Revised Code; | 49800 |
| (ii) A residential facility for mentally ill persons as | 49801 |
| defined under section 5119.22 of the Revised Code; | 49802 |
| (iii) A residential facility as defined in section 5123.19 of | 49803 |
| the Revised Code; | 49804 |
| (iv) | 49805 |
| 49806 |
| | 49807 |
| the Revised Code; | 49808 |
| | 49809 |
| section 3793.01 of the Revised Code; | 49810 |
| | 49811 |
| under section 3793.11 of the Revised Code; | 49812 |
| | 49813 |
| the department of mental retardation and developmental | 49814 |
| disabilities under section 5123.18 of the Revised Code; | 49815 |
| | 49816 |
| licensed under section 3712.04 of the Revised Code that is used | 49817 |
| exclusively for care of hospice patients; | 49818 |
| | 49819 |
| operated by a religious order, provides care exclusively to | 49820 |
| members of religious orders who take vows of celibacy and live by | 49821 |
| virtue of their vows within the orders as if related, and does not | 49822 |
| participate in the medicare program established under Title XVIII | 49823 |
| of the "Social Security Act" or the medical assistance program | 49824 |
| established under Chapter 5111. of the Revised Code and Title XIX | 49825 |
| of the "Social Security Act," if on January 1, 1994, the facility, | 49826 |
| infirmary, or entity was providing care exclusively to members of | 49827 |
| the religious order; | 49828 |
| | 49829 |
| licensed as a residential care facility. | 49830 |
| (2) "Unrelated individual" means one who is not related to | 49831 |
| the owner or operator of a home or to the spouse of the owner or | 49832 |
| operator as a parent, grandparent, child, grandchild, brother, | 49833 |
| sister, niece, nephew, aunt, uncle, or as the child of an aunt or | 49834 |
| uncle. | 49835 |
| (3) "Mental impairment" does not mean mental illness as | 49836 |
| defined in section 5122.01 of the Revised Code or mental | 49837 |
| retardation as defined in section 5123.01 of the Revised Code. | 49838 |
| (4) "Skilled nursing care" means procedures that require | 49839 |
| technical skills and knowledge beyond those the untrained person | 49840 |
| possesses and that are commonly employed in providing for the | 49841 |
| physical, mental, and emotional needs of the ill or otherwise | 49842 |
| incapacitated. "Skilled nursing care" includes, but is not limited | 49843 |
| to, the following: | 49844 |
| (a) Irrigations, catheterizations, application of dressings, | 49845 |
| and supervision of special diets; | 49846 |
| (b) Objective observation of changes in the patient's | 49847 |
| condition as a means of analyzing and determining the nursing care | 49848 |
| required and the need for further medical diagnosis and treatment; | 49849 |
| (c) Special procedures contributing to rehabilitation; | 49850 |
| (d) Administration of medication by any method ordered by a | 49851 |
| physician, such as hypodermically, rectally, or orally, including | 49852 |
| observation of the patient after receipt of the medication; | 49853 |
| (e) Carrying out other treatments prescribed by the physician | 49854 |
| that involve a similar level of complexity and skill in | 49855 |
| administration. | 49856 |
| (5)(a) "Personal care services" means services including, but | 49857 |
| not limited to, the following: | 49858 |
| (i) Assisting residents with activities of daily living; | 49859 |
| (ii) Assisting residents with self-administration of | 49860 |
| medication, in accordance with rules adopted under section 3721.04 | 49861 |
| of the Revised Code; | 49862 |
| (iii) Preparing special diets, other than complex therapeutic | 49863 |
| diets, for residents pursuant to the instructions of a physician | 49864 |
| or a licensed dietitian, in accordance with rules adopted under | 49865 |
| section 3721.04 of the Revised Code. | 49866 |
| (b) "Personal care services" does not include "skilled | 49867 |
| nursing care" as defined in division (A)(4) of this section. A | 49868 |
| facility need not provide more than one of the services listed in | 49869 |
| division (A)(5)(a) of this section to be considered to be | 49870 |
| providing personal care services. | 49871 |
| (6) "Nursing home" means a home used for the reception and | 49872 |
| care of individuals who by reason of illness or physical or mental | 49873 |
| impairment require skilled nursing care and of individuals who | 49874 |
| require personal care services but not skilled nursing care. A | 49875 |
| nursing home is licensed to provide personal care services and | 49876 |
| skilled nursing care. | 49877 |
| (7) "Residential care facility" means a home that provides | 49878 |
| either of the following: | 49879 |
| (a) Accommodations for seventeen or more unrelated | 49880 |
| individuals and supervision and personal care services for three | 49881 |
| or more of those individuals who are dependent on the services of | 49882 |
| others by reason of age or physical or mental impairment; | 49883 |
| (b) Accommodations for three or more unrelated individuals, | 49884 |
| supervision and personal care services for at least three of those | 49885 |
| individuals who are dependent on the services of others by reason | 49886 |
| of age or physical or mental impairment, and, to at least one of | 49887 |
| those individuals, any of the skilled nursing care authorized by | 49888 |
| section 3721.011 of the Revised Code. | 49889 |
| (8) "Home for the aging" means a home that provides services | 49890 |
| as a residential care facility and a nursing home, except that the | 49891 |
| home provides its services only to individuals who are dependent | 49892 |
| on the services of others by reason of both age and physical or | 49893 |
| mental impairment. | 49894 |
| The part or unit of a home for the aging that provides | 49895 |
| services only as a residential care facility is licensed as a | 49896 |
| residential care facility. The part or unit that may provide | 49897 |
| skilled nursing care beyond the extent authorized by section | 49898 |
| 3721.011 of the Revised Code is licensed as a nursing home. | 49899 |
| (9) "County home" and "district home" mean a county home or | 49900 |
| district home operated under Chapter 5155. of the Revised Code. | 49901 |
| (B) The public health council may further classify homes. For | 49902 |
| the purposes of this chapter, any residence, institution, hotel, | 49903 |
| congregate housing project, or similar facility that meets the | 49904 |
| definition of a home under this section is such a home regardless | 49905 |
| of how the facility holds itself out to the public. | 49906 |
| (C) For purposes of this chapter, personal care services or | 49907 |
| skilled nursing care shall be considered to be provided by a | 49908 |
| facility if they are provided by a person employed by or | 49909 |
| associated with the facility or by another person pursuant to an | 49910 |
| agreement to which neither the resident who receives the services | 49911 |
| nor the resident's sponsor is a party. | 49912 |
| (D) Nothing in division (A)(4) of this section shall be | 49913 |
| construed to permit skilled nursing care to be imposed on an | 49914 |
| individual who does not require skilled nursing care. | 49915 |
| Nothing in division (A)(5) of this section shall be construed | 49916 |
| to permit personal care services to be imposed on an individual | 49917 |
| who is capable of performing the activity in question without | 49918 |
| assistance. | 49919 |
| (E) Division (A)(1)(c) | 49920 |
| prohibit a facility, infirmary, or other entity described in that | 49921 |
| division from seeking licensure under sections 3721.01 to 3721.09 | 49922 |
| of the Revised Code or certification under Title XVIII or XIX of | 49923 |
| the "Social Security Act." However, such a facility, infirmary, or | 49924 |
| entity that applies for licensure or certification must meet the | 49925 |
| requirements of those sections or titles and the rules adopted | 49926 |
| under them and obtain a certificate of need from the director of | 49927 |
| health under section 3702.52 of the Revised Code. | 49928 |
| (F) Nothing in this chapter, or rules adopted pursuant to it, | 49929 |
| shall be construed as authorizing the supervision, regulation, or | 49930 |
| control of the spiritual care or treatment of residents or | 49931 |
| patients in any home who rely upon treatment by prayer or | 49932 |
| spiritual means in accordance with the creed or tenets of any | 49933 |
| recognized church or religious denomination. | 49934 |
| Sec. 3721.02. (A) The director of health shall license homes | 49935 |
| and establish procedures to be followed in inspecting and | 49936 |
| licensing homes. The director may inspect a home at any time. Each | 49937 |
| home shall be inspected by the director at least once prior to the | 49938 |
| issuance of a license and at least once every fifteen months | 49939 |
| thereafter. The state fire marshal or a township, municipal, or | 49940 |
| other legally constituted fire department approved by the marshal | 49941 |
| shall also inspect a home prior to issuance of a license, at least | 49942 |
| once every fifteen months thereafter, and at any other time | 49943 |
| requested by the director. A home does not have to be inspected | 49944 |
| prior to issuance of a license by the director, state fire | 49945 |
| marshal, or a fire department if ownership of the home is assigned | 49946 |
| or transferred to a different person and the home was licensed | 49947 |
| under this chapter immediately prior to the assignment or | 49948 |
| transfer. The director may enter at any time, for the purposes of | 49949 |
| investigation, any institution, residence, facility, or other | 49950 |
| structure that has been reported to the director or that the | 49951 |
| director has reasonable cause to believe is operating as a nursing | 49952 |
| home, residential care facility, or home for the aging without a | 49953 |
| valid license required by section 3721.05 of the Revised Code or, | 49954 |
| in the case of a county home or district home, is operating | 49955 |
| despite the revocation of its residential care facility license. | 49956 |
| The director may delegate the director's authority and duties | 49957 |
| under this chapter to any division, bureau, agency, or official of | 49958 |
| the department of health. | 49959 |
| (B) A single facility may be licensed both as a nursing home | 49960 |
| pursuant to this chapter and as an adult care facility pursuant to | 49961 |
| Chapter 3722. of the Revised Code if the director determines that | 49962 |
| the part or unit to be licensed as a nursing home can be | 49963 |
| maintained separate and discrete from the part or unit to be | 49964 |
| licensed as an adult care facility. | 49965 |
| (C) In determining the number of residents in a home for the | 49966 |
| purpose of licensing, the director shall consider all the | 49967 |
| individuals for whom the home provides accommodations as one group | 49968 |
| unless one of the following is the case: | 49969 |
| (1) The home is a home for the aging, in which case all the | 49970 |
| individuals in the part or unit licensed as a nursing home shall | 49971 |
| be considered as one group, and all the individuals in the part or | 49972 |
| unit licensed as a rest home shall be considered as another group. | 49973 |
| (2) The home is both a nursing home and an adult care | 49974 |
| facility. In that case, all the individuals in the part or unit | 49975 |
| licensed as a nursing home shall be considered as one group, and | 49976 |
| all the individuals in the part or unit licensed as an adult care | 49977 |
| facility shall be considered as another group. | 49978 |
| (3) The home maintains, in addition to a nursing home or | 49979 |
| residential care facility, a separate and discrete part or unit | 49980 |
| that provides accommodations to individuals who do not require or | 49981 |
| receive skilled nursing care and do not receive personal care | 49982 |
| services from the home, in which case the individuals in the | 49983 |
| separate and discrete part or unit shall not be considered in | 49984 |
| determining the number of residents in the home if the separate | 49985 |
| and discrete part or unit is in compliance with the Ohio basic | 49986 |
| building code established by the board of building standards under | 49987 |
| Chapters 3781. and 3791. of the Revised Code and the home permits | 49988 |
| the director, on request, to inspect the separate and discrete | 49989 |
| part or unit and speak with the individuals residing there, if | 49990 |
| they consent, to determine whether the separate and discrete part | 49991 |
| or unit meets the requirements of this division. | 49992 |
| (D)(1) The director of health shall charge | 49993 |
|
application fee
and
| 49994 |
| 49995 | |
| thereof of a home's licensed capacity: | 49996 |
| (a) For state fiscal year 2010, two hundred twenty dollars; | 49997 |
| (b) For state fiscal year 2011, two hundred seventy dollars; | 49998 |
| (c) For each state fiscal year thereafter, three hundred | 49999 |
|
twenty dollars. | 50000 |
| (2) All fees collected by the director for the issuance or | 50001 |
| renewal of licenses shall be deposited into the state treasury to | 50002 |
| the credit of the general operations fund created in section | 50003 |
| 3701.83 of the Revised Code for use only in administering and | 50004 |
| enforcing this chapter and rules adopted under it. | 50005 |
| (E)(1) Except as otherwise provided in this section, the | 50006 |
| results of an inspection or investigation of a home that is | 50007 |
| conducted under this section, including any statement of | 50008 |
| deficiencies and all findings and deficiencies cited in the | 50009 |
| statement on the basis of the inspection or investigation, shall | 50010 |
| be used solely to determine the home's compliance with this | 50011 |
| chapter or another chapter of the Revised Code in any action or | 50012 |
| proceeding other than an action commenced under division (I) of | 50013 |
| section 3721.17 of the Revised Code. Those results of an | 50014 |
| inspection or investigation, that statement of deficiencies, and | 50015 |
| the findings and deficiencies cited in that statement shall not be | 50016 |
| used in any court or in any action or proceeding that is pending | 50017 |
| in any court and are not admissible in evidence in any action or | 50018 |
| proceeding unless that action or proceeding is an appeal of an | 50019 |
| action by the department of health under this chapter or is an | 50020 |
| action by any department or agency of the state to enforce this | 50021 |
| chapter or another chapter of the Revised Code. | 50022 |
| (2) Nothing in division (E)(1) of this section prohibits the | 50023 |
| results of an inspection or investigation conducted under this | 50024 |
| section from being used in a criminal investigation or | 50025 |
| prosecution. | 50026 |
| Sec. 3721.50. As used in sections 3721.50 to 3721.58 of the | 50027 |
| Revised Code: | 50028 |
| (A) "Franchise permit fee rate" means the sum of the | 50029 |
| following: | 50030 |
| (1) Six dollars and twenty-five cents; | 50031 |
| (2) The difference between the following: | 50032 |
| (a) The fiscal year 2010 medicaid rate calculated under | 50033 |
| division (C)(2) of Section 309.30.20 of Am. Sub. H.B. 1 of the | 50034 |
| 128th general assembly for a nursing facility that pays the | 50035 |
| franchise permit fee imposed by section 3721.51 of the Revised | 50036 |
| Code; | 50037 |
| (b) The medicaid rate the provider of the nursing facility is | 50038 |
| paid for nursing facility services the nursing facility provides | 50039 |
| on June 30, 2009. | 50040 |
| (B) "Hospital" has the same meaning as in section 3727.01 of | 50041 |
| the Revised Code. | 50042 |
| | 50043 |
| resident of a nursing facility, regardless of payment source, | 50044 |
| occupies a bed in the nursing facility that is included in the | 50045 |
| facility's certified capacity under Title XIX. Therapeutic or | 50046 |
| hospital leave days for which payment is made under section | 50047 |
| 5111.26 of the Revised Code are considered inpatient days | 50048 |
| proportionate to the percentage of the facility's per resident | 50049 |
| per day rate paid for those days. | 50050 |
| | 50051 |
| of the Revised Code. | 50052 |
| | 50053 |
| who is a medicaid recipient occupies a bed in a nursing facility | 50054 |
| that is included in the facility's certified capacity under Title | 50055 |
| XIX. Therapeutic or hospital leave days for which payment is made | 50056 |
| under section 5111.26 of the Revised Code are considered medicaid | 50057 |
| days proportionate to the percentage of the nursing facility's | 50058 |
| per resident per day rate for those days. | 50059 |
| | 50060 |
| XVIII. | 50061 |
| (G) "Nursing facility" has the same meaning as in section | 50062 |
| 5111.20 of the Revised Code. | 50063 |
| | 50064 |
| (a) A nursing home licensed under section 3721.02 or 3721.09 | 50065 |
| of the Revised Code, including any part of a home for the aging | 50066 |
| licensed as a nursing home; | 50067 |
| (b) A facility or part of a facility, other than a hospital, | 50068 |
| that is certified as a skilled nursing facility under Title XVIII; | 50069 |
| (c) A nursing facility, other than a portion of a hospital | 50070 |
| certified as a nursing facility. | 50071 |
| (2) "Nursing home" does not include any of the following: | 50072 |
| (a) A county home, county nursing home, or district home | 50073 |
| operated pursuant to Chapter 5155. of the Revised Code; | 50074 |
| (b) A nursing home maintained and operated by the Ohio | 50075 |
| veterans' home agency under section 5907.01 of the Revised Code; | 50076 |
| (c) A nursing home or part of a nursing home licensed under | 50077 |
| section 3721.02 or 3721.09 of the Revised Code that is certified | 50078 |
| as an intermediate care facility for the mentally retarded under | 50079 |
| Title XIX. | 50080 |
| | 50081 |
| Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended. | 50082 |
| | 50083 |
| Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended. | 50084 |
| Sec. 3721.51. The department of job and family services | 50085 |
| shall do all of the following: | 50086 |
| (A) Subject to sections 3721.512 and 3721.513 of the Revised | 50087 |
| Code and division (C) of this section and for the purposes | 50088 |
| specified in sections 3721.56 and 3721.561 of the Revised Code, | 50089 |
| determine an annual franchise permit fee on each nursing home in | 50090 |
|
an amount equal to
| 50091 |
| franchise permit fee rate multiplied by the product of the | 50092 |
| following: | 50093 |
| (1) The number of beds licensed as nursing home beds, plus | 50094 |
| any other beds certified as skilled nursing facility beds under | 50095 |
| Title XVIII or nursing facility beds under Title XIX on the first | 50096 |
| day of May of the calendar year in which the fee is determined | 50097 |
| pursuant to division (A) of section 3721.53 of the Revised Code; | 50098 |
| (2) The number of days in the fiscal year beginning on the | 50099 |
| first day of July of the calendar year in which the fee is | 50100 |
| determined pursuant to division (A) of section 3721.53 of the | 50101 |
| Revised Code. | 50102 |
| (B) Subject to sections 3721.512 and 3721.513 of the Revised | 50103 |
| Code and division (C) of this section and for the purposes | 50104 |
| specified in sections 3721.56 and 3721.561 of the Revised Code, | 50105 |
| determine an annual franchise permit fee on each hospital in an | 50106 |
|
amount equal to
| 50107 |
| permit fee rate multiplied by the product of the following: | 50108 |
| (1) The number of beds registered pursuant to section 3701.07 | 50109 |
| of the Revised Code as skilled nursing facility beds or long-term | 50110 |
| care beds, plus any other beds licensed as nursing home beds under | 50111 |
| section 3721.02 or 3721.09 of the Revised Code, on the first day | 50112 |
| of May of the calendar year in which the fee is determined | 50113 |
| pursuant to division (A) of section 3721.53 of the Revised Code; | 50114 |
| (2) The number of days in the fiscal year beginning on the | 50115 |
| first day of July of the calendar year in which the fee is | 50116 |
| determined pursuant to division (A) of section 3721.53 of the | 50117 |
| Revised Code. | 50118 |
| (C) If the United States centers for medicare and medicaid | 50119 |
| services determines that the franchise permit fee established by | 50120 |
| sections 3721.50 to 3721.58 of the Revised Code is an | 50121 |
| impermissible health care related tax under section 1903(w) of the | 50122 |
| "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396b(w), as | 50123 |
| amended, take all necessary actions to cease implementation of | 50124 |
| sections 3721.50 to 3721.58 of the Revised Code in accordance with | 50125 |
| rules adopted under section 3721.58 of the Revised Code. | 50126 |
| Sec. 3721.511. (A) Not later than one month after the | 50127 |
| effective date of this section, the department of job and family | 50128 |
| services shall apply to the United States secretary of health and | 50129 |
| human services for a waiver under 42 U.S.C. 1396b(w)(3)(E) as | 50130 |
| necessary to do both of the following regarding the franchise | 50131 |
| permit fee imposed by section 3721.51 of the Revised Code: | 50132 |
| (1) Reduce the franchise permit fee to zero dollars for each | 50133 |
| nursing home licensed under section 3721.02 or 3721.09 of the | 50134 |
| Revised Code to which either of the following applies: | 50135 |
| (a) The nursing home: | 50136 |
| (i) Is exempt from state taxation under section 140.08 of | 50137 |
| the Revised Code or is exempt from state taxation as a home for | 50138 |
| the aged as defined in section 5701.13 of the Revised Code; | 50139 |
| (ii) Is exempt from federal income taxation under section | 50140 |
| 501 of the Internal Revenue Code of 1986; | 50141 |
| (iii) Does not participate in medicaid or medicare; and | 50142 |
| (iv) Provides services for the life of each resident without | 50143 |
| regard to the resident's ability to secure payment for the | 50144 |
| services. | 50145 |
| (b) The nursing home: | 50146 |
| (i) Has had a written affiliation agreement with a university | 50147 |
| in this state for education and research related to Alzheimer's | 50148 |
| disease for each of the twenty years preceding the effective date | 50149 |
| of this section and has such an agreement on the effective date of | 50150 |
| this section; | 50151 |
| (ii) Was granted a certificate of need under Section 3 of Am. | 50152 |
| Sub. S.B. 256 of the 116th General Assembly; and | 50153 |
| (iii) Does not participate in medicaid or medicare. | 50154 |
| (2) For each nursing facility with more than two hundred beds | 50155 |
| certified as nursing facility beds under Title XIX, reduce the | 50156 |
| franchise permit fee for a number of the nursing facility's beds | 50157 |
| specified by the department to the amount necessary to obtain | 50158 |
| approval of the waiver sought under this section. | 50159 |
| (B) The effective date of the waiver sought under this | 50160 |
| section shall be the first day of the calendar quarter beginning | 50161 |
| after the United States secretary approves the waiver. | 50162 |
| Sec. 3721.512. If the United States secretary of health and | 50163 |
| human services approves the waiver sought under section 3721.511 | 50164 |
| of the Revised Code, the department of job and family services | 50165 |
| shall, for each nursing home and hospital that qualifies for a | 50166 |
| reduction of its franchise permit fee under the waiver, reduce the | 50167 |
| franchise permit fee in accordance with the terms of the waiver. | 50168 |
| For purposes of the first fiscal year during which the waiver | 50169 |
| takes effect, the department shall determine the amount of the | 50170 |
| reduction not later than the effective date of the waiver and | 50171 |
| shall mail to each nursing home and hospital qualifying for the | 50172 |
| reduction notice of the reduction not later than the last day of | 50173 |
| the first month of the calendar quarter that begins after the | 50174 |
| United States secretary approves the waiver. For purposes of | 50175 |
| subsequent fiscal years, the department shall make such | 50176 |
| determinations and mail such notices in accordance with section | 50177 |
| 3721.53 of the Revised Code. | 50178 |
| Sec. 3721.513. (A) If the United States secretary of health | 50179 |
| and human services approves the waiver sought under section | 50180 |
| 3721.511 of the Revised Code, the department of job and family | 50181 |
| services may do both of the following regarding the franchise | 50182 |
| permit fee imposed by section 3721.51 of the Revised Code: | 50183 |
| (1) Determine how much money the franchise permit fee would | 50184 |
| have raised in a fiscal year if not for the waiver; | 50185 |
| (2) For each nursing home and hospital subject to the | 50186 |
| franchise permit fee, other than a nursing home or hospital that | 50187 |
| has its franchise permit fee reduced under section 3721.512 of the | 50188 |
| Revised Code, uniformly increase the amount of the franchise | 50189 |
| permit fee for a fiscal year to an amount that will have the | 50190 |
| franchise permit fee raise an amount of money that does not exceed | 50191 |
| the amount determined under division (A)(1) of this section for | 50192 |
| that fiscal year. | 50193 |
| (B) If the department increases the franchise permit fee in | 50194 |
| accordance with division (A) of this section for the first fiscal | 50195 |
| year during which the waiver takes effect, the department shall | 50196 |
| determine the amount of the increase not later than the effective | 50197 |
| date of the waiver and shall mail to each nursing home and | 50198 |
| hospital subject to the increase notice of the increase not later | 50199 |
| than the last day of the first month of the calendar quarter that | 50200 |
| begins after the United States secretary approves the waiver. If | 50201 |
| the department increases the franchise permit fee in accordance | 50202 |
| with division (A) of this section for a subsequent fiscal year, | 50203 |
| the department shall make such determinations and mail such | 50204 |
| notices in accordance with section 3721.53 of the Revised Code. | 50205 |
| Sec. 3721.53. (A) Not later than the fifteenth day of August | 50206 |
| of each year, the department of job and family services shall | 50207 |
| determine the annual franchise permit fee for each nursing home | 50208 |
| and hospital
in accordance with | 50209 |
|
the
Revised
Code and | 50210 |
| 50211 | |
| 50212 |
| (B) Not later than the first day of September of each year, | 50213 |
| the department shall mail to each nursing home and hospital notice | 50214 |
| of the amount of the franchise permit fee that has been determined | 50215 |
| for the nursing home or hospital. | 50216 |
| (C) Each nursing home and hospital shall pay its fee under | 50217 |
| section 3721.51 of the Revised Code, as adjusted in accordance | 50218 |
| with sections 3721.512 and 3721.513 of the Revised Code, to the | 50219 |
| department in quarterly installment payments not later than | 50220 |
| forty-five days after the last day of each September, December, | 50221 |
| March, and June. | 50222 |
| (D) No nursing home or hospital shall directly bill its | 50223 |
| residents for the fee paid under this section, or otherwise | 50224 |
| directly pass the fee through to its residents. | 50225 |
| Sec. 3721.55. (A) A nursing home or hospital may appeal the | 50226 |
| fee imposed under section 3721.51 of the Revised Code, as adjusted | 50227 |
| under section 3721.512 or 3721.513 of the Revised Code, solely on | 50228 |
| the grounds that the department of job and family services | 50229 |
| committed a material error in determining the amount of the fee. A | 50230 |
| request for an appeal must be received by the department not later | 50231 |
| than fifteen days after the date the department mails the notice | 50232 |
| of the fee and must include written materials setting forth the | 50233 |
| basis for the appeal. | 50234 |
| (B) If a nursing home or hospital submits a request for an | 50235 |
| appeal within the time required under division (A) of this | 50236 |
| section, the department of job and family services shall hold a | 50237 |
| public hearing in Columbus not later than thirty days after the | 50238 |
| date the department receives the request for an appeal. The | 50239 |
| department shall, not later than ten days before the date of the | 50240 |
| hearing, mail a notice of the date, time, and place of the hearing | 50241 |
| to the nursing home or hospital. The department may hear all the | 50242 |
| requested appeals in one public hearing. | 50243 |
| (C) On the basis of the evidence presented at the hearing or | 50244 |
| any other evidence submitted by the nursing home or hospital, the | 50245 |
| department may adjust a fee. The department's decision is final. | 50246 |
| Sec. 3721.56. There is hereby created in the state treasury | 50247 |
|
the home- and community-based services for the aged fund. | 50248 |
| Eight and fifty-five hundredths per cent of all payments and | 50249 |
| penalties paid by nursing homes and hospitals under sections | 50250 |
| 3721.53 and 3721.54 of the Revised Code shall be deposited into | 50251 |
| the fund. The departments of job and family services and aging | 50252 |
| shall use the moneys in the fund to fund the following in | 50253 |
| accordance with rules adopted under section 3721.58 of the | 50254 |
| Revised Code: | 50255 |
| (A) The medicaid program established under Chapter 5111. of | 50256 |
| the Revised Code, including the PASSPORT program established under | 50257 |
| section 173.40 of the Revised Code; | 50258 |
| (B) The residential state supplement program established | 50259 |
| under section 173.35 of the Revised Code. | 50260 |
| Sec. 3722.01. (A) As used in this chapter: | 50261 |
| (1) "Owner" means the person who owns the business of and who | 50262 |
| ultimately controls the operation of an adult care facility and to | 50263 |
| whom the manager, if different from the owner, is responsible. | 50264 |
| (2) "Manager" means the person responsible for the daily | 50265 |
| operation of an adult care facility. The manager and the owner of | 50266 |
| a facility may be the same person. | 50267 |
| (3) "Adult" means an individual eighteen years of age or | 50268 |
| older. | 50269 |
| (4) "Unrelated" means that an adult resident is not related | 50270 |
| to the owner or manager of an adult care facility or to the | 50271 |
| owner's or manager's spouse as a parent, grandparent, child, | 50272 |
| stepchild, grandchild, brother, sister, niece, nephew, aunt, or | 50273 |
| uncle, or as the child of an aunt or uncle. | 50274 |
| (5) "Skilled nursing care" means skilled nursing care as | 50275 |
| defined in section 3721.01 of the Revised Code. | 50276 |
| (6)(a) "Personal care services" means services including, but | 50277 |
| not limited to, the following: | 50278 |
| (i) | 50279 |
| living; | 50280 |
| (ii) | 50281 |
| of medication, in accordance with rules adopted by the public | 50282 |
| health council pursuant to this chapter; | 50283 |
| (iii) | 50284 |
| complex therapeutic diets, for residents pursuant to the | 50285 |
| instructions of a physician or a licensed dietitian, in accordance | 50286 |
| with rules adopted by the public health council pursuant to this | 50287 |
| chapter. | 50288 |
| (b) "Personal care services" does not include "skilled | 50289 |
| nursing care" as defined in section 3721.01 of the Revised Code. A | 50290 |
| facility need not provide more than one of the services listed in | 50291 |
| division (A)(6)(a) of this section for the facility to be | 50292 |
| considered to be providing personal care services. | 50293 |
| (7) "Adult family home" means a residence or facility that | 50294 |
| provides accommodations and supervision to three to five unrelated | 50295 |
|
adults | 50296 |
|
three of | 50297 |
| (8) "Adult group home" means a residence or facility that | 50298 |
| provides accommodations and supervision to six to sixteen | 50299 |
|
unrelated adults | 50300 |
| 50301 | |
| personal care services. | 50302 |
| (9) "Adult care facility" means an adult family home or an | 50303 |
| adult group home. For the purposes of this chapter, any residence, | 50304 |
| facility, institution, hotel, congregate housing project, or | 50305 |
| similar facility that provides accommodations and supervision to | 50306 |
|
three to sixteen unrelated adults, at least three
of whom | 50307 |
| 50308 | |
| regardless of how the facility holds itself out to the public. | 50309 |
| "Adult care facility" does not include: | 50310 |
| (a) A facility operated by a hospice care program licensed | 50311 |
| under section 3712.04 of the Revised Code that is used exclusively | 50312 |
| for care of hospice patients; | 50313 |
| (b) A nursing home, residential care facility, or home for | 50314 |
| the aging as defined in section 3721.01 of the Revised Code; | 50315 |
| (c) | 50316 |
| 50317 |
| | 50318 |
| section 3793.01 of the Revised Code; | 50319 |
| | 50320 |
| by the department of mental health under section 5119.22 of the | 50321 |
| Revised Code; | 50322 |
| | 50323 |
| under section 3793.11 of the Revised Code; | 50324 |
| | 50325 |
| of the Revised Code or otherwise regulated by the department of | 50326 |
| mental retardation and developmental disabilities; | 50327 |
| | 50328 |
| project, or similar facility that provides personal care services | 50329 |
| to fewer than three residents or that provides, for any number of | 50330 |
| residents, only housing, housekeeping, laundry, meal preparation, | 50331 |
| social or recreational activities, maintenance, security, | 50332 |
| transportation, and similar services that are not personal care | 50333 |
| services or skilled nursing care; | 50334 |
| | 50335 |
| from the department of development under any program established | 50336 |
| to provide emergency shelter housing or transitional housing for | 50337 |
| the homeless; | 50338 |
| | 50339 |
| entered into an agreement with a hospice care program under | 50340 |
| section 3712.07 of the Revised Code; | 50341 |
| | 50342 |
| under section 104(a) of the "Veterans Health Care Amendments of | 50343 |
| 1983," 97 Stat. 993, 38 U.S.C.A. 630, as amended, and used | 50344 |
|
exclusively
for the placement and care of veterans | 50345 |
| | 50346 |
| 50347 | |
| 50348 | |
| 50349 | |
| 50350 |
| (10) "Residents' rights advocate" means: | 50351 |
| (a) An employee or representative of any state or local | 50352 |
| government entity that has a responsibility for residents of adult | 50353 |
| care facilities and has registered with the department of health | 50354 |
| under section 3701.07 of the Revised Code; | 50355 |
| (b) An employee or representative, other than a manager or | 50356 |
| employee of an adult care facility or nursing home, of any private | 50357 |
| nonprofit corporation or association that qualifies for tax-exempt | 50358 |
| status under section 501(a) of the "Internal Revenue Code of | 50359 |
| 1986," 100 Stat. 2085, 26 U.S.C.A. 501(a), as amended, that has | 50360 |
| registered with the department of health under section 3701.07 of | 50361 |
| the Revised Code, and whose purposes include educating and | 50362 |
| counseling residents, assisting residents in resolving problems | 50363 |
| and complaints concerning their care and treatment, and assisting | 50364 |
| them in securing adequate services. | 50365 |
| (11) "Sponsor" means an adult relative, friend, or guardian | 50366 |
| of a resident of an adult care facility who has an interest in or | 50367 |
| responsibility for the resident's welfare. | 50368 |
| (12) "Ombudsperson" means a "representative of the office of | 50369 |
| the state long-term care ombudsperson program" as defined in | 50370 |
| section 173.14 of the Revised Code. | 50371 |
| (13) "Mental health agency" means a community mental health | 50372 |
| agency, as defined in section 5119.22 of the Revised Code, under | 50373 |
|
contract with | 50374 |
| 50375 | |
| 340.03 of the Revised Code. | 50376 |
| (14) "ADAMHS board" means a board of alcohol, drug addiction, | 50377 |
| and mental health services; | 50378 |
| (15) "Mental health resident program participation agreement" | 50379 |
| means a written agreement between an adult care facility and the | 50380 |
| ADAMHS board serving the alcohol, drug addiction, and mental | 50381 |
| health service district in which the facility is located, under | 50382 |
| which the facility is authorized to admit residents who are | 50383 |
| receiving or are eligible for publicly funded mental health | 50384 |
| services. | 50385 |
| (16) "PASSPORT administrative agency" means an entity under | 50386 |
| contract with the department of aging to provide administrative | 50387 |
| services regarding the PASSPORT program created under section | 50388 |
| 173.40 of the Revised Code. | 50389 |
| (B) For purposes of this chapter, personal care services or | 50390 |
| skilled nursing care shall be considered to be provided by a | 50391 |
| facility if they are provided by a person employed by or | 50392 |
| associated with the facility or by another person pursuant to an | 50393 |
| agreement to which neither the resident who receives the services | 50394 |
| nor the resident's sponsor is a party. | 50395 |
| (C) Nothing in division (A)(6) of this section shall be | 50396 |
| construed to permit personal care services to be imposed upon a | 50397 |
| resident who is capable of performing the activity in question | 50398 |
| without assistance. | 50399 |
| Sec. 3722.011. (A) All medication taken by residents of an | 50400 |
| adult care facility shall be self-administered, except that | 50401 |
|
medication may be administered to a resident | 50402 |
| 50403 | |
| 50404 | |
| 50405 | |
| accordance with division (B) of section 3722.16 of the Revised | 50406 |
|
Code. | 50407 |
| 50408 | |
| or retained by an adult care facility unless the person is capable | 50409 |
|
of | 50410 |
| 50411 | |
| physician, except that a person may be admitted to or retained by | 50412 |
|
such a facility if the
person's
medication is administered | 50413 |
| 50414 | |
| 50415 | |
| 50416 | |
| provided in accordance with division (B) of section 3722.16 of | 50417 |
|
the Revised Code. | 50418 |
| (B) Members of the staff of an adult care facility shall not | 50419 |
| administer medication to residents but may do any of the | 50420 |
| following: | 50421 |
| | 50422 |
| ensure that the resident follows the directions on the container; | 50423 |
| | 50424 |
| medication by taking the medication from the locked area where it | 50425 |
| is stored, in accordance with rules adopted by the public health | 50426 |
| council pursuant to this chapter, and handing it to the resident. | 50427 |
| If the resident is physically unable to open the container, a | 50428 |
| staff member may open the container for the resident. | 50429 |
| | 50430 |
| such as a resident with arthritis, cerebral palsy, or Parkinson's | 50431 |
| disease, in removing oral or topical medication from containers | 50432 |
| and in consuming or applying the medication, upon request by or | 50433 |
| with the consent of the resident. If a resident is physically | 50434 |
| unable to place a dose of medicine to the resident's mouth without | 50435 |
| spilling it, a staff member may place the dose in a container and | 50436 |
| place the container to the mouth of the resident. | 50437 |
| Sec. 3722.02. A person seeking a license to operate an adult | 50438 |
| care facility shall submit to the director of health an | 50439 |
| application on a form prescribed by the director and the | 50440 |
| following: | 50441 |
| (A) In the case of an adult group home seeking licensure as | 50442 |
| an adult care facility, evidence that the home has been inspected | 50443 |
| and approved by a local certified building department or by the | 50444 |
| division of industrial compliance in the department of commerce as | 50445 |
| meeting the applicable requirements of sections 3781.06 to | 50446 |
| 3781.18 and 3791.04 of the Revised Code and any rules adopted | 50447 |
| under those sections and evidence that the home has been | 50448 |
| inspected by the state fire marshal or fire prevention officer of | 50449 |
| a municipal, township, or other legally constituted fire | 50450 |
| department approved by the state fire marshal and found to be in | 50451 |
| compliance with rules adopted under section 3737.83 of the | 50452 |
| Revised Code regarding fire prevention and safety in adult group | 50453 |
| homes; | 50454 |
| (B) Valid approvals of the facility's water and sewage | 50455 |
| systems issued by the responsible governmental entity, if | 50456 |
| applicable; | 50457 |
| (C) A statement of ownership containing the following | 50458 |
| information: | 50459 |
| (1) If the owner is an individual, the owner's name, address, | 50460 |
| telephone number, business address, business telephone number, and | 50461 |
| occupation. If the owner is an association, corporation, or | 50462 |
| partnership, the business activity, address, and telephone number | 50463 |
| of the entity and the name of every person who has an ownership | 50464 |
| interest of five per cent or more in the entity. | 50465 |
| (2) If the owner does not own the building or if the owner | 50466 |
| owns only part of the building in which the facility is housed, | 50467 |
| the name of each person who has an ownership interest of five per | 50468 |
| cent or more in the building; | 50469 |
| (3) The address of any adult care facility and any facility | 50470 |
|
described in divisions (A)(9)(a) to | 50471 |
| the Revised Code in which the owner has an ownership interest of | 50472 |
| five per cent or more; | 50473 |
| (4) The identity of the manager of the adult care facility, | 50474 |
| if different from the owner; | 50475 |
| (5) The name and address of any adult care facility and any | 50476 |
|
facility described in divisions (A)(9)(a) to | 50477 |
| 3722.01 of the Revised Code with which either the owner or manager | 50478 |
| has been affiliated through ownership or employment in the five | 50479 |
| years prior to the date of the application; | 50480 |
| (6) The names and addresses of three persons not employed by | 50481 |
| or associated in business with the owner who will provide | 50482 |
| information about the character, reputation, and competence of the | 50483 |
| owner and the manager and the financial responsibility of the | 50484 |
| owner; | 50485 |
| (7) Information about any arrest of the owner or manager for, | 50486 |
| or adjudication or conviction of, a criminal offense related to | 50487 |
| the provision of care in an adult care facility or any facility | 50488 |
|
described in divisions (A)(9)(a) to | 50489 |
| the Revised Code or the ability to operate a facility; | 50490 |
| (8) Any other information the director may require regarding | 50491 |
| the owner's ability to operate the facility. | 50492 |
| (D) If the facility is an adult group home, a balance sheet | 50493 |
| showing the assets and liabilities of the owner and a statement | 50494 |
| projecting revenues and expenses for the first twelve months of | 50495 |
| the facility's operation; | 50496 |
| (E) | 50497 |
| 50498 | |
| 50499 | |
| information regarding admissions to the facility: | 50500 |
| (1) The intended bed capacity of the facility; | 50501 |
| (2) If the facility will admit persons referred by or | 50502 |
| receiving services from an ADAMHS board or a mental health agency, | 50503 |
| the total number of beds anticipated to be occupied as a result | 50504 |
| of those admissions. | 50505 |
| (F) A nonrefundable license application fee in an amount | 50506 |
| established in rules adopted by the public health council pursuant | 50507 |
| to this chapter. | 50508 |
| Sec. 3722.021. In determining the number of residents in a | 50509 |
| facility for the purpose of licensure under this chapter, the | 50510 |
| director of health shall consider all the individuals for whom the | 50511 |
| facility provides accommodations as one group unless either of the | 50512 |
| following is the case: | 50513 |
| (A) | 50514 |
|
facility is | 50515 |
|
the Revised Code | 50516 |
| facility licensed under that chapter, or both. In that case, all | 50517 |
| the individuals in the part or unit licensed as a nursing home, | 50518 |
| residential care facility, or both, shall be considered as one | 50519 |
| group and all the individuals in the part or unit licensed as an | 50520 |
| adult care facility shall be considered as another group. | 50521 |
| (B) The facility maintains, in addition to an adult care | 50522 |
| facility, a separate and discrete part or unit that provides | 50523 |
| accommodations to individuals who do not receive supervision or | 50524 |
| personal care services from the adult care facility, in which case | 50525 |
| the individuals in the separate and discrete part or unit shall | 50526 |
| not be considered in determining the number of residents in the | 50527 |
| adult care facility if the separate and discrete part or unit is | 50528 |
| in compliance with the Ohio basic building code established by the | 50529 |
| board of building standards under Chapters 3781. and 3791. of the | 50530 |
| Revised Code and the adult care facility, to the extent of its | 50531 |
| authority, permits the director, on request, to inspect the | 50532 |
| separate and discrete part or unit and speak with the individuals | 50533 |
| residing there, if they consent, to determine whether the separate | 50534 |
| and discrete part or unit meets the requirements of this division. | 50535 |
| Sec. 3722.022. A person may not apply for a license to | 50536 |
| operate an adult care facility if the person is or has been the | 50537 |
| owner or manager of an adult care facility for which a license to | 50538 |
| operate was revoked or for which renewal of a license was refused | 50539 |
| for any reason other than nonpayment of the license renewal fee, | 50540 |
| unless both of the following conditions are met: | 50541 |
| (A) A period of not less than two years has elapsed since the | 50542 |
| date the director of health issued the order revoking or refusing | 50543 |
| to renew the facility's license. | 50544 |
| (B) The director's revocation or refusal to renew the license | 50545 |
| was not based on an act or omission at the facility that violated | 50546 |
| a resident's right to be free from abuse, neglect, or | 50547 |
| exploitation. | 50548 |
| Sec. 3722.04. (A) | 50549 |
| license, and regulate adult care facilities. Except as otherwise | 50550 |
| provided in division (D) of this section, the director shall issue | 50551 |
| a license to an adult care facility that meets the requirements of | 50552 |
| section 3722.02 of the Revised Code and that the director | 50553 |
| determines to be in substantial compliance with the rules adopted | 50554 |
| by the public health council pursuant to this chapter. The | 50555 |
| director shall consider the past record of the owner and manager | 50556 |
| and any individuals who are principal participants in an entity | 50557 |
| that is the owner or manager in operating facilities providing | 50558 |
| care to adults. The director may, in accordance with Chapter 119. | 50559 |
| of the Revised Code, deny a license if the past record indicates | 50560 |
| that the owner or manager is not suitable to own or manage an | 50561 |
| adult care facility. | 50562 |
| The license shall contain the name and address of the | 50563 |
| facility for which it was issued, the date of expiration of the | 50564 |
| license, and the maximum number of residents that may be | 50565 |
| accommodated by the facility. A license for an adult care facility | 50566 |
| shall be valid for a period of two years after the date of | 50567 |
| issuance. No single facility may be licensed to operate as more | 50568 |
| than one adult care facility. | 50569 |
| | 50570 |
| 50571 | |
| 50572 | |
| 50573 | |
| 50574 | |
| 50575 | |
| 50576 | |
| 50577 | |
| 50578 |
| (B) The director shall renew a license for a two-year period | 50579 |
| if the facility continues to be in compliance with the | 50580 |
| requirements of this chapter and in substantial compliance with | 50581 |
| the rules adopted under this chapter. The owner shall submit a | 50582 |
| nonrefundable license renewal application fee in an amount | 50583 |
| established in rules adopted by the public health council pursuant | 50584 |
| to this chapter. Before the license of an adult group home is | 50585 |
| renewed, if any alterations have been made to the buildings, a | 50586 |
| certificate of occupancy for the facility shall have been issued | 50587 |
| by the division of industrial compliance in the department of | 50588 |
| commerce or a local certified building department. The facility | 50589 |
| shall have water and sewage system approvals, if required by law, | 50590 |
| and, in the case of an adult group home, documentation of | 50591 |
| continued compliance with the rules adopted by the state fire | 50592 |
| marshal under division (F) of section 3737.83 of the Revised Code. | 50593 |
| (C) | 50594 |
| make at least one unannounced inspection of an adult care facility | 50595 |
| 50596 | |
| facility to determine whether a license should be issued or | 50597 |
| renewed, and may make additional unannounced inspections as the | 50598 |
| director considers necessary. Other inspections may be made at any | 50599 |
|
time that the director
considers
appropriate. | 50600 |
| The director shall take all reasonable actions to avoid | 50601 |
| giving notice of an inspection by the manner in which the | 50602 |
|
inspection is scheduled or performed. | 50603 |
| If an inspection is conducted to investigate an alleged | 50604 |
| violation of the requirements of this chapter in a facility with | 50605 |
| residents referred by or receiving services from a mental health | 50606 |
| agency or ADAMHS board or a facility with residents receiving | 50607 |
| assistance under the residential state supplement program | 50608 |
| administered by the department of aging pursuant to section 173.35 | 50609 |
| of the Revised Code, the director shall coordinate the inspection | 50610 |
| with the appropriate mental health agency, ADAMHS board, or | 50611 |
| PASSPORT administrative agency. As the director considers | 50612 |
| appropriate, the director shall conduct the inspection jointly | 50613 |
| with the mental health agency, ADAMHS board, or PASSPORT | 50614 |
| administrative agency. | 50615 |
| Not later than sixty days after the date of an inspection of | 50616 |
| a facility, the director shall send a report of the inspection to | 50617 |
|
the ombudsperson
in
whose region
the facility is located. | 50618 |
| (2) The state fire marshal or fire prevention officer of a | 50619 |
| municipal, township, or other legally constituted fire department | 50620 |
| approved by the state fire marshal shall inspect an adult group | 50621 |
| home seeking a license or renewal under this chapter as an adult | 50622 |
| care facility prior to issuance of a license or renewal, at least | 50623 |
| once annually thereafter, and at any other time at the request of | 50624 |
| the director, to determine compliance with the rules adopted under | 50625 |
| division (F) of section 3737.83 of the Revised Code. | 50626 |
| (D) The director may waive any of the licensing requirements | 50627 |
| 50628 | |
| 50629 | |
| pursuant to this chapter upon written request of the facility. The | 50630 |
| director may grant a waiver if the director determines that the | 50631 |
| strict application of the licensing requirement would cause undue | 50632 |
| hardship to the facility and that granting the waiver would not | 50633 |
| jeopardize the health or safety of any resident. The director may | 50634 |
| provide a facility with an informal hearing concerning the denial | 50635 |
| of a waiver request, but the facility shall not be entitled to a | 50636 |
| hearing under Chapter 119. of the Revised Code unless the director | 50637 |
| takes an action that requires a hearing to be held under section | 50638 |
| 3722.05 of the Revised Code. | 50639 |
| (E)(1) Not later than thirty days after each of the | 50640 |
| following, the owner of an adult care facility shall submit an | 50641 |
| inspection fee of twenty dollars for each bed for which the | 50642 |
| facility is licensed: | 50643 |
| (a) Issuance or renewal of a license | 50644 |
| 50645 |
| (b) The unannounced inspection required by division (C)(1) of | 50646 |
| this section that is in addition to the inspection conducted to | 50647 |
| determine whether a license should be issued or renewed; | 50648 |
| (c) If, during an inspection conducted in addition to the two | 50649 |
| inspections required by division (C)(1) of this section, the | 50650 |
| facility was found to be in violation of this chapter or the rules | 50651 |
| adopted under it, receipt by the facility of the report of that | 50652 |
| investigation. | 50653 |
| (2) The director may revoke the license of any adult care | 50654 |
| facility that fails to submit the fee within the thirty-day | 50655 |
| period. | 50656 |
| (3) All inspection fees received by the director, all civil | 50657 |
| penalties assessed under section 3722.08 of the Revised Code, all | 50658 |
| fines imposed under section 3722.99 of the Revised Code, and all | 50659 |
| license application and renewal application fees received under | 50660 |
| division (F) of section 3722.02 of the Revised Code or under | 50661 |
| division (B) of this section shall be deposited into the general | 50662 |
| operations fund created in section 3701.83 of the Revised Code and | 50663 |
| shall be used only to pay the costs of administering and enforcing | 50664 |
| the requirements of this chapter and rules adopted under it. | 50665 |
| (F)(1) An owner shall inform the director in writing of any | 50666 |
| changes in the information contained in the statement of ownership | 50667 |
| made pursuant to division (C) of section 3722.02 of the Revised | 50668 |
| Code or in the identity of the manager, not later than ten days | 50669 |
| after the change occurs. | 50670 |
| (2) An owner who sells or transfers an adult care facility | 50671 |
| shall be responsible and liable for the following: | 50672 |
| (a) Any civil penalties imposed against the facility under | 50673 |
| section 3722.08 of the Revised Code for violations that occur | 50674 |
| before the date of transfer of ownership or during any period in | 50675 |
| which the seller or the seller's agent operates the facility; | 50676 |
| (b) Any outstanding liability to the state, unless the buyer | 50677 |
| or transferee has agreed, as a condition of the sale or transfer, | 50678 |
| to accept the outstanding liabilities and to guarantee their | 50679 |
| payment, except that if the buyer or transferee fails to meet | 50680 |
| these obligations the seller or transferor shall remain | 50681 |
| responsible for the outstanding liability. | 50682 |
| (G) The director shall annually publish a list of licensed | 50683 |
|
adult care facilities, facilities | 50684 |
|
been
revoked
| 50685 |
| has been refused, any facilities under an order suspending | 50686 |
| admissions pursuant to section 3722.07 of the Revised Code, and | 50687 |
| any facilities that have been assessed a civil penalty pursuant to | 50688 |
| section 3722.08 of the Revised Code. The director shall furnish | 50689 |
| information concerning the status of licensure of any facility to | 50690 |
| any person upon request. The director shall annually send a copy | 50691 |
| of the list to the department of job and family services, to the | 50692 |
| department of mental health, and to the department of aging. | 50693 |
| Sec. 3722.05. | 50694 |
| comply with any requirement of this chapter or with any rule | 50695 |
| adopted pursuant to this chapter, the director of health may do | 50696 |
| any one or all of the following: | 50697 |
| | 50698 |
| deny, revoke, or refuse to renew the license of the facility; | 50699 |
| | 50700 |
| violation, in accordance with section 3722.06 of the Revised Code; | 50701 |
| | 50702 |
| to the facility, in accordance with section 3722.07 of the Revised | 50703 |
| Code; | 50704 |
| | 50705 |
| 3722.08 of the Revised Code; | 50706 |
| | 50707 |
| relief in accordance with section 3722.09 of the Revised Code. | 50708 |
| | 50709 |
| 50710 | |
| 50711 | |
| 50712 | |
| 50713 | |
| 50714 | |
| 50715 | |
| 50716 | |
| 50717 | |
| 50718 |
| | 50719 |
| 50720 | |
| 50721 | |
| 50722 | |
| 50723 |
| Sec. 3722.06. Except as otherwise provided in sections | 50724 |
| 3722.07 to 3722.09 of the Revised Code and except in cases of | 50725 |
| violations that jeopardize the health and safety of any of the | 50726 |
| residents, if the director determines that a licensed adult care | 50727 |
| facility is in violation of this chapter or of rules adopted | 50728 |
|
pursuant to this
chapter, | 50729 |
| an opportunity to correct the violation. The director shall notify | 50730 |
|
the facility of the
violation | 50731 |
| 50732 | |
|
the
corrections. Notice of the violation | 50733 |
| 50734 | |
| the statute or rule violated. The director shall state the action | 50735 |
|
that | 50736 |
| within the specified period of time. | 50737 |
| The facility shall submit to the director a plan of | 50738 |
| correction stating the actions that will be taken to correct the | 50739 |
| violation. The director shall conduct an inspection to determine | 50740 |
| whether the facility has corrected the violation in accordance | 50741 |
| with the plan of correction. | 50742 |
| If the director determines that the facility has failed to | 50743 |
| correct the violation in accordance with the plan of correction, | 50744 |
| the director may impose a penalty under section 3722.08 of the | 50745 |
|
Revised Code. If the director | 50746 |
| license of the facility should be revoked or should not be renewed | 50747 |
| because the facility has failed to correct the violation within | 50748 |
| the time specified or because the violation jeopardizes the health | 50749 |
| or safety of any of the residents, the director shall revoke or | 50750 |
| refuse to renew the license in accordance with Chapter 119. of the | 50751 |
| Revised Code. | 50752 |
| Sec. 3722.08. (A) If the director of health determines that | 50753 |
| an adult care facility is in violation of this chapter or rules | 50754 |
| adopted under it, the director may impose a civil penalty on the | 50755 |
| owner of the facility, pursuant to rules adopted by the public | 50756 |
|
health council under this
chapter | 50757 |
| The director shall determine the classification and amount of the | 50758 |
| penalty by considering the following factors: | 50759 |
| (1) The gravity of the violation, the severity of the actual | 50760 |
| or potential harm, and the extent to which the provisions of this | 50761 |
| chapter or rules adopted under it were violated; | 50762 |
| (2) Actions taken by the owner or manager to correct the | 50763 |
| violation; | 50764 |
| (3) The number, if any, of previous violations by the adult | 50765 |
| care facility. | 50766 |
| (B) The director shall give written notice of the order | 50767 |
| imposing a civil penalty to the adult care facility by certified | 50768 |
| mail, return receipt requested, or shall provide for delivery of | 50769 |
| the notice in person. The notice shall specify the classification | 50770 |
| of the violation as determined by rules adopted by the public | 50771 |
| health council pursuant to this chapter, the amount of the penalty | 50772 |
| and the rate of interest, the action that is required to be taken | 50773 |
| to correct the violation, the time within which it is to be | 50774 |
| corrected as specified in division (C) of this section, and the | 50775 |
| procedures for the facility to follow to request a conference on | 50776 |
| the order imposing a civil penalty. If the facility requests a | 50777 |
| conference in a letter mailed or delivered not later than two | 50778 |
| working days after it has received the notice, the director shall | 50779 |
| hold a conference with representatives of the facility concerning | 50780 |
| the civil penalty. The conference shall be held not later than | 50781 |
| seven days after the director receives the request. The conference | 50782 |
| shall be conducted as prescribed in division (C) of section | 50783 |
| 3722.07 of the Revised Code. If the director issues an order | 50784 |
| upholding the civil penalty, the facility may request an | 50785 |
| adjudication hearing pursuant to Chapter 119. of the Revised Code, | 50786 |
| but the order of the director shall be in effect during | 50787 |
| proceedings instituted pursuant to that chapter until a final | 50788 |
| adjudication is made. | 50789 |
| (C) The director shall order that the condition or practice | 50790 |
| constituting a class I violation be abated or eliminated within | 50791 |
| twenty-four hours or any longer period that the director considers | 50792 |
| reasonable. The notice for a class II or a class III violation | 50793 |
| shall specify a time within which the violation is required to be | 50794 |
| corrected. | 50795 |
| (D) If the facility does not request a conference or if, | 50796 |
| after a conference, it fails to take action to correct a violation | 50797 |
| in the time prescribed by the director, the director shall issue | 50798 |
| an order upholding the penalty, plus interest at the rate | 50799 |
| specified in section 1343.03 of the Revised Code for each day | 50800 |
| beyond the date set for payment of the penalty. The director may | 50801 |
| waive the interest payment for the period prior to the conference | 50802 |
| if the director concludes that the conference was necessitated by | 50803 |
| a legitimate dispute. | 50804 |
| (E) The director may cancel or reduce the penalty for a class | 50805 |
| I violation if the facility corrects the violation within the time | 50806 |
|
specified in the notice | 50807 |
| impose the penalty even though the facility has corrected the | 50808 |
| violation if a resident suffers physical harm because of the | 50809 |
|
violation or | 50810 |
|
the same violation | 50811 |
| 50812 | |
|
director | 50813 |
| violation if the facility corrects the violation within the time | 50814 |
|
specified in the
notice | 50815 |
| cited previously for the same violation. Each day of a violation | 50816 |
| of any class, after the date the director sets for abatement or | 50817 |
| elimination, constitutes a separate and additional violation. | 50818 |
| (F) If an adult care facility fails to pay a penalty imposed | 50819 |
| under this section, the director may commence a civil action to | 50820 |
| collect the penalty. The license of an adult care facility that | 50821 |
| has failed to pay a penalty imposed under this section shall not | 50822 |
| be renewed until the penalty has been paid. | 50823 |
| (G) If a penalty is imposed under this section, a fine shall | 50824 |
| not be imposed under section 3722.99 of the Revised Code for the | 50825 |
| same violation. | 50826 |
| | 50827 |
| 50828 | |
| 50829 |
| | 50830 |
| 50831 |
| | 50832 |
| 50833 |
| | 50834 |
| 50835 | |
| 50836 |
| Sec. 3722.09. (A) If the director of health determines that | 50837 |
| the operation of an adult care facility jeopardizes the health or | 50838 |
| safety of any of the residents of the facility or if the director | 50839 |
| determines that an adult care facility is operating without a | 50840 |
| license, the director may petition the court of common pleas in | 50841 |
| the county in which the facility is located for appropriate | 50842 |
|
injunctive relief against the facility. | 50843 |
| is granted against a facility for operating without a license and | 50844 |
| the facility continues to operate without a license, the director | 50845 |
| shall refer the case to the attorney general for further action. | 50846 |
| (B) The court petitioned under division (A) of this section | 50847 |
| shall grant injunctive relief upon a showing that the operation of | 50848 |
| the facility jeopardizes the health or safety of any of the | 50849 |
| residents of the facility or that the facility is operating | 50850 |
| without a license. When the court grants injunctive relief in the | 50851 |
| case of a facility operating without a license, the court shall | 50852 |
| issue, at a minimum, an order enjoining the facility from | 50853 |
| admitting new residents to the facility and an order requiring the | 50854 |
| facility to assist resident rights advocates with the safe and | 50855 |
| orderly relocation of the facility's residents. | 50856 |
| Sec. 3722.10. (A) The public health council shall have the | 50857 |
| exclusive authority to adopt, and the council shall adopt, rules | 50858 |
| 50859 | |
| licensing and operation of adult care facilities. The rules shall | 50860 |
| be adopted in accordance with Chapter 119. of the Revised Code and | 50861 |
| shall specify all of the following: | 50862 |
| (1) Procedures for the issuance, renewal, and revocation of | 50863 |
|
licenses | 50864 |
| waivers, and for the issuance and termination of orders of | 50865 |
| suspension of admission pursuant to section 3722.07 of the Revised | 50866 |
| Code; | 50867 |
| (2) The qualifications required for owners, managers, and | 50868 |
| employees of adult care facilities, including character, training, | 50869 |
| education, experience, and financial resources and the number of | 50870 |
| staff members required in a facility; | 50871 |
| (3) Adequate space, equipment, safety, and sanitation | 50872 |
| standards for the premises of adult care facilities, and fire | 50873 |
| protection standards for adult family homes as required by section | 50874 |
| 3722.041 of the Revised Code; | 50875 |
| (4) The personal, social, dietary, and recreational services | 50876 |
| to be provided to each resident of adult care facilities; | 50877 |
| (5) Rights of residents of adult care facilities, in addition | 50878 |
| to the rights enumerated under section 3722.12 of the Revised | 50879 |
| Code, and procedures to protect and enforce the rights of these | 50880 |
| residents; | 50881 |
| (6) Provisions for keeping records of residents and for | 50882 |
| maintaining the confidentiality of the records as required by | 50883 |
| division (B) of section 3722.12 of the Revised Code. The | 50884 |
| provisions for maintaining the confidentiality of records shall, | 50885 |
| at the minimum, meet the requirements for maintaining the | 50886 |
| confidentiality of records under Title XIX of the "Social Security | 50887 |
| Act," 49 Stat. 620, 42 U.S.C. 301, as amended, and regulations | 50888 |
| promulgated thereunder. | 50889 |
| (7) Measures to be taken by adult care facilities relative to | 50890 |
| residents' medication, including policies and procedures | 50891 |
| concerning medication, storage of medication in a locked area, and | 50892 |
| disposal of medication and assistance with self-administration of | 50893 |
| medication, if the facility provides assistance; | 50894 |
| (8) Requirements for initial and periodic health assessments | 50895 |
| of prospective and current adult care facility residents by | 50896 |
| physicians or other health professionals to ensure that they do | 50897 |
| not require a level of care beyond that which is provided by the | 50898 |
| adult care facility, including assessment of their capacity to | 50899 |
| self-administer the medications prescribed for them; | 50900 |
| (9) Requirements relating to preparation of special diets; | 50901 |
| (10) The amount of the fees for new and renewal license | 50902 |
| applications made pursuant to sections 3722.02 and 3722.04 of the | 50903 |
| Revised Code; | 50904 |
| (11) Measures to be taken by any employee of the state or any | 50905 |
| political subdivision of the state authorized by this chapter to | 50906 |
| enter an adult care facility to inspect the facility or for any | 50907 |
| other purpose, to ensure that the employee respects the privacy | 50908 |
| and dignity of residents of the facility, cooperates with | 50909 |
| residents of the facility and behaves in a congenial manner toward | 50910 |
| them, and protects the rights of residents; | 50911 |
| (12) How an owner or manager of an adult care facility is to | 50912 |
|
comply with section 3722.18 of the Revised Code. | 50913 |
|
the rules shall | 50914 |
| | 50915 |
|
to follow
under division (A) | 50916 |
| Code regarding referrals to the facility of prospective residents | 50917 |
| with mental illness or severe mental disability and effective | 50918 |
| arrangements for ongoing mental health services for such | 50919 |
| prospective residents. The procedures may provide for any of the | 50920 |
| following: | 50921 |
| | 50922 |
| 50923 | |
| 50924 | |
| 50925 | |
| 50926 | |
| 50927 |
| | 50928 |
| addiction, and mental health service district in which the | 50929 |
| facility is located sign a mental health resident program | 50930 |
| participation agreement, as developed by the director of mental | 50931 |
| health under section 5119.613 of the Revised Code; | 50932 |
| (b) That the owner or manager comply with the requirements of | 50933 |
| its mental health resident program participation agreement; | 50934 |
| (c) That the owner or manager and the mental health agencies | 50935 |
|
and
ADAMHS boards | 50936 |
| 50937 | |
| develop and sign a mental health plan for ongoing mental health | 50938 |
| services for each such prospective resident; | 50939 |
| | 50940 |
| council in consultation with the director of health and director | 50941 |
| of mental health regarding referrals and effective arrangements | 50942 |
| for ongoing mental health services for prospective residents with | 50943 |
| mental illness. | 50944 |
| | 50945 |
| 50946 |
| (13) Any other rules necessary for the administration and | 50947 |
| enforcement of this chapter. | 50948 |
| (B) After consulting with relevant constituencies, the | 50949 |
| director of mental health shall prepare and submit to the director | 50950 |
| of health recommendations for the content of rules to be adopted | 50951 |
|
under
division (A)(12) of this section. | 50952 |
| 50953 | |
| 50954 |
| (C) The director of health shall advise adult care facilities | 50955 |
| regarding compliance with the requirements of this chapter and | 50956 |
| with the rules adopted pursuant to this chapter. | 50957 |
| (D) Any duty or responsibility imposed upon the director of | 50958 |
| health by this chapter may be carried out by an employee of the | 50959 |
| department of health. | 50960 |
| (E) Employees of the department of health may enter, for the | 50961 |
| purposes of investigation, any institution, residence, facility, | 50962 |
| or other structure which has been reported to the department as, | 50963 |
| or that the department has reasonable cause to believe is, | 50964 |
| operating as an adult care facility without a valid license. | 50965 |
| Sec. 3722.13. (A) Each adult care facility shall establish a | 50966 |
| written residents' rights policy containing the text of sections | 50967 |
| 3722.12 and 3722.14 of the Revised Code and rules adopted by the | 50968 |
| public health council pursuant to this chapter, a discussion of | 50969 |
| the rights and responsibilities of residents under that section, | 50970 |
| and the text of any additional rule for residents promulgated by | 50971 |
| the facility. At the time of admission the manager shall give a | 50972 |
|
copy of the residents' rights policy to the
resident and | 50973 |
| resident's sponsor, if any, and explain the contents of the policy | 50974 |
| to them. The facility shall establish procedures for facilitating | 50975 |
| the residents' exercise of their rights. | 50976 |
| (B) Each adult care facility shall post prominently within | 50977 |
| the facility a copy of the residents' rights listed in division | 50978 |
| (B) of section 3722.12 of the Revised Code and any additional | 50979 |
| residents' rights established by rules adopted by the public | 50980 |
|
health council pursuant to this chapter, | 50981 |
|
telephone numbers of the state long-term care | 50982 |
| ombudsperson and the regional | 50983 |
| ombudsperson program for the area in which the facility is | 50984 |
|
located, and | 50985 |
| number maintained by the department of health for accepting | 50986 |
| complaints. | 50987 |
| Sec. 3722.14. (A)(1) Except as provided in division (A)(2) | 50988 |
| of this section, an adult care facility may transfer or discharge | 50989 |
| a resident, in the absence of a request from the resident, only | 50990 |
| for the following reasons: | 50991 |
| (a) Charges for the resident's accommodations and services | 50992 |
| have not been paid within thirty days after the date on which they | 50993 |
| became due; | 50994 |
| (b) The mental, emotional, or physical condition of the | 50995 |
| resident requires a level of care that the facility is unable to | 50996 |
| provide; | 50997 |
| (c) The health, safety, or welfare of the resident or of | 50998 |
| another resident requires a transfer or discharge; | 50999 |
| (d) The facility's license has been revoked or renewal has | 51000 |
| been denied pursuant to this chapter; | 51001 |
| (e) The owner closes the facility; | 51002 |
| (f) The resident is relocated as the result of a court's | 51003 |
| order issued under section 3722.09 of the Revised Code as part of | 51004 |
| the injunctive relief granted against a facility that is operating | 51005 |
| without a license; | 51006 |
| (g) The resident is receiving publicly funded mental health | 51007 |
| services and the facility's mental health resident program | 51008 |
| participation agreement is terminated by the facility or ADAMHS | 51009 |
| board. | 51010 |
| (2) An adult family home may transfer or discharge a resident | 51011 |
| if transfer or discharge is required for the health, safety, or | 51012 |
| welfare of an individual who resides in the home but is not a | 51013 |
| resident for whom supervision or personal services are provided. | 51014 |
| (B)(1) The facility shall give a resident thirty days advance | 51015 |
| notice, in writing, of a proposed transfer or discharge, except | 51016 |
| that if the transfer or discharge is for a reason given in | 51017 |
|
divisions (A)(1)(b) to (g) or (A)(2) | 51018 |
| emergency exists, the notice need not be given thirty days in | 51019 |
|
advance. | 51020 |
| 51021 | |
| 51022 | |
| 51023 | |
| 51024 | |
| reasons for the proposed transfer or discharge. If the resident is | 51025 |
| entitled to a hearing as specified in division (B)(2) of this | 51026 |
| section, the written notice shall outline the procedure for the | 51027 |
| resident to follow in requesting a hearing. | 51028 |
| (2) A resident may request a hearing if a proposed transfer | 51029 |
| or discharge is based on reason given in division (A)(1)(a) to (c) | 51030 |
|
or (A)(2) of this section. If the resident seeks a hearing, | 51031 |
| resident shall submit a request to the director not later than ten | 51032 |
| days after receiving the written notice. The director shall hold | 51033 |
| the hearing not later than ten days after receiving the request. A | 51034 |
| representative of the director shall preside over the hearing and | 51035 |
| shall issue a written recommendation of action to be taken by the | 51036 |
| director not later than three days after the hearing. The director | 51037 |
| shall issue an order regarding the transfer or discharge not later | 51038 |
| than two days after receipt of the recommendation. The order may | 51039 |
| prohibit or place conditions on the discharge or transfer. In the | 51040 |
| case of a transfer, the order may require that the transfer be to | 51041 |
| an institution or facility specified by the director. The hearing | 51042 |
| is not subject to section 121.22 of the Revised Code. The public | 51043 |
| health council shall adopt rules governing any additional | 51044 |
| procedures necessary for conducting the hearing. | 51045 |
| (C)(1) The owner of an adult care facility who is closing the | 51046 |
| facility shall inform the director of health in writing at least | 51047 |
| thirty days prior to the proposed date of closing. At the same | 51048 |
|
time, the owner or manager shall inform each resident, | 51049 |
|
resident's
guardian, | 51050 |
| organization or agency acting on behalf of the resident, of the | 51051 |
| closing of the facility and the date of the closing. | 51052 |
| (2) Immediately upon receiving notice that a facility is to | 51053 |
| be closed, the director shall monitor the transfer of residents to | 51054 |
| other facilities and ensure that residents' rights are protected. | 51055 |
|
The director shall notify the | 51056 |
| in which the facility is located of the closing. | 51057 |
| (3) All charges shall be prorated as of the date on which the | 51058 |
| facility closes. If payments have been made in advance, the | 51059 |
| payments for services not rendered shall be refunded to the | 51060 |
| resident or the resident's guardian not later than seven days | 51061 |
| after the closing of the facility. | 51062 |
| (4) Immediately upon the closing of a facility, the owner | 51063 |
| shall surrender the license to the director, and the license shall | 51064 |
| be canceled. | 51065 |
| Sec. 3722.15. (A) The following may enter an adult care | 51066 |
| facility at any time: | 51067 |
| (1) Employees designated by the director of health; | 51068 |
| (2) Employees designated by the director of aging; | 51069 |
| (3) Employees designated by the attorney general; | 51070 |
| (4) Employees designated by a county department of job and | 51071 |
| family services to implement sections 5101.60 to 5101.71 of the | 51072 |
| Revised Code; | 51073 |
| (5) Persons employed pursuant to division (M) of section | 51074 |
|
173.01 of the Revised Code in the
long-term care | 51075 |
| ombudsperson program; | 51076 |
| (6) Employees of the department of mental health designated | 51077 |
| by the director of mental health; | 51078 |
| (7) Employees of a mental health agency | 51079 |
| following circumstances: | 51080 |
| (a) When the agency has a client residing in the facility; | 51081 |
| (b) When the agency is acting as an agent of an ADAMHS board | 51082 |
| other than the board with which it is under contract; | 51083 |
| (c) When there is a mental health resident program | 51084 |
| participation agreement between the facility and the ADAMHS board | 51085 |
| with which the agency is under contract. | 51086 |
| (8) Employees of | 51087 |
| 51088 | |
| following circumstances: | 51089 |
| (a) When authorized by section 340.05 of the
Revised
Code | 51090 |
| 51091 |
| (b) When a resident of the facility is receiving mental | 51092 |
|
health services
provided by
| 51093 |
| ADAMHS board pursuant to division (A)(8)(b) of section 340.03 of | 51094 |
|
the Revised Code | 51095 |
| (c) When a resident of the facility is receiving services | 51096 |
|
from a
mental health agency under
contract with | 51097 |
|
board
| 51098 |
| (d) When there is a mental health resident program | 51099 |
| participation agreement between the facility and that ADAMHS | 51100 |
| board. | 51101 |
| | 51102 |
| this section shall be afforded access to all records of the | 51103 |
| facility, including records pertaining to residents, and may copy | 51104 |
| the records. Neither these employees nor the director of health | 51105 |
| shall release, without consent, any information obtained from the | 51106 |
| records of an adult care facility that reasonably would tend to | 51107 |
| identify a specific resident of the facility, except as ordered by | 51108 |
| a court of competent jurisdiction. | 51109 |
| (B) The following persons may enter any adult care facility | 51110 |
| during reasonable hours: | 51111 |
| (1) A resident's sponsor; | 51112 |
| (2) Residents' rights advocates; | 51113 |
| (3) A resident's attorney; | 51114 |
| (4) A minister, priest, rabbi, or other person ministering to | 51115 |
| a resident's religious needs; | 51116 |
| (5) A physician or other person providing health care | 51117 |
| services to a resident; | 51118 |
| (6) Employees authorized by county departments of job and | 51119 |
| family services and local boards of health or health departments | 51120 |
| to enter adult care facilities; | 51121 |
| (7) A prospective resident and prospective resident's | 51122 |
| sponsor. | 51123 |
| (C) The manager of an adult care facility may require a | 51124 |
| person seeking to enter the facility to present identification | 51125 |
| sufficient to identify the person as an authorized person under | 51126 |
| this section. | 51127 |
| Sec. 3722.16. (A) No person shall: | 51128 |
| (1) Operate an adult care facility unless the facility is | 51129 |
| validly licensed by the director of health under section 3722.04 | 51130 |
| of the Revised Code; | 51131 |
| (2) Admit to an adult care facility more residents than the | 51132 |
| number authorized in the facility's license; | 51133 |
| (3) Admit a resident to an adult care facility after the | 51134 |
| director has issued an order pursuant to section 3722.07 of the | 51135 |
| Revised Code suspending admissions to the facility. Violation of | 51136 |
| division (A)(3) of this section is cause for revocation of the | 51137 |
| facility's license. | 51138 |
| (4) Interfere with any authorized inspection of an adult care | 51139 |
| facility conducted pursuant to section 3722.02 or 3722.04 of the | 51140 |
| Revised Code; | 51141 |
| (5) Admit to an adult care facility a resident requiring | 51142 |
| publicly funded mental health services, unless both of the | 51143 |
| following conditions are met: | 51144 |
| (a) The ADAMHS board serving the alcohol, drug addiction, | 51145 |
| and mental health service district in which the facility is | 51146 |
| located is notified; | 51147 |
| (b) The facility and ADAMHS board have entered into a mental | 51148 |
| health resident program participation agreement by using the | 51149 |
| standardized form approved by the director of mental health under | 51150 |
| section 5119.613 of the Revised Code. | 51151 |
| (6) Violate any of the provisions of this chapter or any of | 51152 |
| the rules adopted pursuant to it. | 51153 |
| (B) No adult care facility shall provide, or admit or retain | 51154 |
| any resident in need of, skilled nursing care unless all of the | 51155 |
|
following conditions are | 51156 |
| (1) The care will be provided on a part-time, intermittent | 51157 |
| basis for not more than a total of one hundred twenty days in any | 51158 |
| twelve-month period. | 51159 |
| (2) The care will be provided by one or more of the | 51160 |
| following: | 51161 |
| (a) A home health agency certified under Title XVIII of the | 51162 |
| "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as | 51163 |
|
amended | 51164 |
| (b) A hospice care program licensed under Chapter 3712. of | 51165 |
| the Revised Code; | 51166 |
| (c) A nursing home licensed under Chapter 3721. of the | 51167 |
| Revised Code and owned and operated by the same person and located | 51168 |
| on the same site as the adult care facility; | 51169 |
| (d) A mental health agency or, pursuant to division (A)(8)(b) | 51170 |
|
of section 340.03 of the Revised Code, | 51171 |
| 51172 |
| | 51173 |
| otherwise used by any of the entities specified in division (B)(2) | 51174 |
| of this section to perform the skilled nursing care is authorized | 51175 |
| under the laws of this state to perform the care by being | 51176 |
| appropriately licensed, as specified in rules adopted under | 51177 |
| division (G) of this section. | 51178 |
| (4) The staff of the | 51179 |
| 51180 | |
| 51181 | |
| providing the skilled nursing care does not train the adult care | 51182 |
| facility staff to provide the skilled nursing care; | 51183 |
| | 51184 |
| provided is suffering from a short-term illness; | 51185 |
| | 51186 |
| nursing staff of a nursing home, all of the following are the | 51187 |
| case: | 51188 |
| (a) The adult care facility evaluates the individual | 51189 |
| receiving the skilled nursing care at least once every seven days | 51190 |
| to determine whether the individual should be transferred to a | 51191 |
| nursing home; | 51192 |
| (b) The adult care facility meets at all times staffing | 51193 |
| requirements established by rules adopted under section 3722.10 of | 51194 |
| the Revised Code; | 51195 |
| (c) The nursing home does not include the cost of providing | 51196 |
| skilled nursing care to the adult care facility residents in a | 51197 |
| cost report filed under section 5111.26 of the Revised Code; | 51198 |
| (d) The nursing home meets at all times the nursing home | 51199 |
| licensure staffing ratios established by rules adopted under | 51200 |
| section 3721.04 of the Revised Code; | 51201 |
| (e) The nursing home staff providing skilled nursing care to | 51202 |
| adult care facility residents are registered nurses or licensed | 51203 |
| practical nurses licensed under Chapter 4723. of the Revised Code | 51204 |
| and meet the personnel qualifications for nursing home staff | 51205 |
| established by rules adopted under section 3721.04 of the Revised | 51206 |
| Code; | 51207 |
| (f) The skilled nursing care is provided in accordance with | 51208 |
| rules established for nursing homes under section 3721.04 of the | 51209 |
| Revised Code; | 51210 |
| (g) The nursing home meets the skilled nursing care needs of | 51211 |
| the adult care facility residents; | 51212 |
| (h) Using the nursing home's nursing staff does not prevent | 51213 |
| the nursing home or adult care facility from meeting the needs of | 51214 |
| the nursing home and adult care facility residents in a quality | 51215 |
| and timely manner. | 51216 |
| (7) No adult care facility staff shall provide skilled | 51217 |
| nursing care. | 51218 |
| Notwithstanding section 3721.01 of the Revised Code, an adult | 51219 |
| care facility in which residents receive skilled nursing care as | 51220 |
| described in division (B) of this section is not a nursing home. | 51221 |
| 51222 |
| (C) A home health agency or hospice care program that | 51223 |
| provides skilled nursing care pursuant to division (B) of this | 51224 |
| section may not be associated with the adult care facility unless | 51225 |
| the facility is part of a home for the aged as defined in section | 51226 |
| 5701.13 of the Revised Code or the adult care facility is owned | 51227 |
| and operated by the same person and located on the same site as a | 51228 |
| nursing home licensed under Chapter 3721. of the Revised Code that | 51229 |
| is associated with the home health agency or hospice care program. | 51230 |
| In addition, the following requirements shall be met: | 51231 |
| (1) The adult care facility shall evaluate the individual | 51232 |
| receiving the skilled nursing care not less than once every seven | 51233 |
| days to determine whether the individual should be transferred to | 51234 |
| a nursing home; | 51235 |
| (2) If the costs of providing the skilled nursing care are | 51236 |
| included in a cost report filed pursuant to section 5111.26 of the | 51237 |
| Revised Code by the nursing home that is part of the same home for | 51238 |
| the aged, the home health agency or hospice care program shall not | 51239 |
| seek reimbursement for the care under the medical assistance | 51240 |
| program established under Chapter 5111. of the Revised Code. | 51241 |
| (D) | 51242 |
| of any person in an adult care facility that is operating without | 51243 |
| a license. | 51244 |
| | 51245 |
| ADAMHS board | 51246 |
| 51247 | |
| shall place or recommend placement of any person in an adult care | 51248 |
|
facility if the employee knows | 51249 |
| (1) That the facility cannot meet the needs of the potential | 51250 |
| resident; | 51251 |
| (2) That placement of the resident would cause the facility | 51252 |
| to exceed its licensed capacity; | 51253 |
| (3) That an enforcement action initiated by the director of | 51254 |
| health is pending and may result in the revocation of or refusal | 51255 |
| to renew the facility's license; | 51256 |
| (4) That the potential resident is receiving or is eligible | 51257 |
| for publicly funded mental health services and the facility has | 51258 |
| not entered into a mental health resident program participation | 51259 |
| agreement. | 51260 |
| | 51261 |
| facility is operating without a license shall fail to report this | 51262 |
| information to the director of health. | 51263 |
| | 51264 |
|
the
public health council shall adopt rules | 51265 |
| purposes of division (B) of this section that do all of the | 51266 |
| following: | 51267 |
| (1) Define a short-term illness for purposes of division | 51268 |
|
(B) | 51269 |
| (2) Specify, consistent with rules pertaining to home health | 51270 |
| care adopted by the director of job and family services under the | 51271 |
| medical assistance program established under Chapter 5111. of the | 51272 |
| Revised Code and Title XIX of the "Social Security Act," 49 Stat. | 51273 |
| 620 (1935), 42 U.S.C. 301, as amended, what constitutes a | 51274 |
| part-time, intermittent basis for purposes of division (B)(1) of | 51275 |
| this section; | 51276 |
| (3) Specify what constitutes being appropriately licensed for | 51277 |
| purposes of division (B)(3) of this section. | 51278 |
| Sec. 3722.17. (A) Any person who believes that an adult care | 51279 |
| facility is in violation of this chapter or of any of the rules | 51280 |
| promulgated pursuant to it may report the information to the | 51281 |
| director of health. The director shall investigate each report | 51282 |
| made under this section or section 3722.16 of the Revised Code and | 51283 |
| shall inform the facility of the results of the investigation. | 51284 |
| When investigating a report made pursuant to section 340.05 of the | 51285 |
|
Revised Code, the director shall consult with the ADAMHS board | 51286 |
| 51287 | |
| report. The director shall keep a record of the investigation and | 51288 |
| the action taken as a result of the investigation. | 51289 |
| The director shall not reveal, without consent, the identity | 51290 |
| of a person who makes a report under this section or division | 51291 |
| 51292 | |
| a specific resident or residents referred to in such a report, or | 51293 |
| any other information that could reasonably be expected to reveal | 51294 |
| the identity of the person making the report or the resident or | 51295 |
| residents referred to in the report, except that the director may | 51296 |
| provide this information to a government agency responsible for | 51297 |
| enforcing laws applying to adult care facilities. | 51298 |
| (B) Any person who believes that a resident's rights under | 51299 |
| sections 3722.12 to 3722.15 of the Revised Code have been violated | 51300 |
|
may report the information to the state | 51301 |
| 51302 | |
|
program for the area in which the facility is located, or | 51303 |
| director of health. If the person believes that the resident has | 51304 |
| mental illness or severe mental disability and is suffering abuse | 51305 |
| or neglect, the person may report the information to the ADAMHS | 51306 |
|
board | 51307 |
| serving the alcohol, drug addiction, and mental health service | 51308 |
| district in which the adult care facility is located or a mental | 51309 |
| health agency under contract with the board in addition to or | 51310 |
| instead of the ombudsperson, regional program, or director. | 51311 |
| (C) Any person who makes a report pursuant to division (A) or | 51312 |
|
(B) of this section or division | 51313 |
| the Revised Code or any person who participates in an | 51314 |
| administrative or judicial proceeding resulting from such a report | 51315 |
| is immune from any civil liability or criminal liability, other | 51316 |
| than perjury, that might otherwise be incurred or imposed as a | 51317 |
| result of these actions, unless the person has acted in bad faith | 51318 |
| or with malicious purpose. | 51319 |
| Sec. 3722.18. Before an adult care facility admits a | 51320 |
| prospective resident who the owner or manager of the facility | 51321 |
| knows has been assessed as having a mental illness or severe | 51322 |
|
mental disability, the owner or manager | 51323 |
|
both of the
following | 51324 |
| 51325 |
| (A) If the prospective resident is referred to the facility | 51326 |
|
by a
mental health agency or ADAMHS board | 51327 |
| 51328 |
| | 51329 |
| 51330 | |
| 51331 | |
| 51332 | |
| 51333 | |
| 51334 | |
| 51335 | |
| 51336 | |
| 51337 |
| | 51338 |
| 51339 | |
|
or manager shall follow procedures established
in | 51340 |
| adopted under division (A)(12) of section 3722.10 of the Revised | 51341 |
| Code regarding referrals and effective arrangements for ongoing | 51342 |
| mental health services. | 51343 |
| (B) If the prospective resident is not referred to the | 51344 |
|
facility
by a mental health agency or ADAMHS board | 51345 |
| 51346 | |
|
owner or
manager | 51347 |
| prospective resident in obtaining appropriate mental health | 51348 |
| services and document the offer of assistance in accordance with | 51349 |
| rules adopted under division (A)(12) of section 3722.10 of the | 51350 |
| Revised Code. | 51351 |
| Sec. 3722.99. Whoever violates division (A) | 51352 |
|
section 3722.16 of the
Revised Code shall be fined | 51353 |
| two thousand dollars for a first offense; for each subsequent | 51354 |
|
offense, such person shall be fined | 51355 |
| Whoever violates division (C) of section 3722.12 or division | 51356 |
| (A)(2), (3), (4), (5) or (6), (B), (C), (D), (E), or (F) of | 51357 |
|
section
3722.16 of the Revised Code shall be
fined | 51358 |
| hundred dollars for a first offense; for each subsequent offense, | 51359 |
|
such
person shall be fined | 51360 |
| Sec. 3727.02. (A) No person and no political subdivision, | 51361 |
| agency, or instrumentality of this state shall operate a hospital | 51362 |
| unless it is certified under Title XVIII of the "Social Security | 51363 |
| Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, or is | 51364 |
|
accredited by | 51365 |
| 51366 | |
| centers for medicare and medicaid services. | 51367 |
| (B) No person and no political subdivision, agency, or | 51368 |
| instrumentality of this state shall hold out as a hospital any | 51369 |
| health facility that is not certified or accredited as required in | 51370 |
| division (A) of this section. | 51371 |
| Sec. 3733.02. (A)(1) The public health council, subject to | 51372 |
| Chapter 119. of the Revised Code, shall adopt, and has the | 51373 |
| exclusive power to adopt, rules of uniform application throughout | 51374 |
| the state governing the review of plans, issuance of flood plain | 51375 |
| management permits, and issuance of licenses for manufactured home | 51376 |
| parks; the location, layout, density, construction, drainage, | 51377 |
| sanitation, safety, and operation of those parks; and notices of | 51378 |
| flood events concerning, and flood protection at, those parks. | 51379 |
| The rules pertaining to flood plain management shall be consistent | 51380 |
| with and not less stringent than the flood plain management | 51381 |
| criteria of the national flood insurance program adopted under the | 51382 |
| "National Flood Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A. | 51383 |
| 4001, as amended. The rules shall not apply to the construction, | 51384 |
| erection, or manufacture of any building to which section 3781.06 | 51385 |
| of the Revised Code is applicable. | 51386 |
| (2) The rules pertaining to manufactured home parks | 51387 |
| constructed after June 30, 1971, shall specify that each home must | 51388 |
| be placed on its lot to provide not less than fifteen feet between | 51389 |
| the side of one home and the side of another home, ten feet | 51390 |
| between the end of one home and the side of another home, and five | 51391 |
| feet between the ends of two homes placed end to end. | 51392 |
| (3) The | 51393 |
| shall determine compliance with the installation, blocking, | 51394 |
| tiedown, foundation, and base support system standards for | 51395 |
| manufactured housing located in manufactured home parks adopted by | 51396 |
|
the | 51397 |
| the Revised Code. All inspections of the installation, blocking, | 51398 |
| tiedown, foundation, and base support systems of manufactured | 51399 |
| housing in a manufactured home park that the department of health | 51400 |
| or a licensor conducts shall be conducted by a person who has | 51401 |
| completed an installation training course approved by the | 51402 |
| manufactured homes commission pursuant to division (B)(12) of | 51403 |
| section 4781.04 of the Revised Code. | 51404 |
| As used in division (A)(3) of this section, "manufactured | 51405 |
| housing" has the same meaning as in section 4781.01 of the Revised | 51406 |
| Code. | 51407 |
| (B) The public health council, in accordance with Chapter | 51408 |
| 119. of the Revised Code, shall adopt rules of uniform application | 51409 |
| throughout the state establishing requirements and procedures in | 51410 |
| accordance with which the director of health may authorize | 51411 |
| licensors for the purposes of sections 3733.022 and 3733.025 of | 51412 |
| the Revised Code. The rules shall include at least provisions | 51413 |
| under which a licensor may enter into contracts for the purpose of | 51414 |
| fulfilling the licensor's responsibilities under either or both of | 51415 |
| those sections. | 51416 |
| Sec. 3734.05. (A)(1) Except as provided in divisions (A)(4), | 51417 |
| (8), and (9) of this section, no person shall operate or maintain | 51418 |
| a solid waste facility without a license issued under this | 51419 |
| division by the board of health of the health district in which | 51420 |
| the facility is located or by the director of environmental | 51421 |
| protection when the health district in which the facility is | 51422 |
| located is not on the approved list under section 3734.08 of the | 51423 |
| Revised Code. | 51424 |
| During the month of December, but before the first day of | 51425 |
| January of the next year, every person proposing to continue to | 51426 |
| operate an existing solid waste facility shall procure a license | 51427 |
| under this division to operate the facility for that year from the | 51428 |
| board of health of the health district in which the facility is | 51429 |
| located or, if the health district is not on the approved list | 51430 |
| under section 3734.08 of the Revised Code, from the director. The | 51431 |
| application for such a license shall be submitted to the board of | 51432 |
| health or to the director, as appropriate, on or before the last | 51433 |
| day of September of the year preceding that for which the license | 51434 |
| is sought. In addition to the application fee prescribed in | 51435 |
| division (A)(2) of this section, a person who submits an | 51436 |
| application after that date shall pay an additional ten per cent | 51437 |
| of the amount of the application fee for each week that the | 51438 |
| application is late. Late payment fees accompanying an application | 51439 |
| submitted to the board of health shall be credited to the special | 51440 |
| fund of the health district created in division (B) of section | 51441 |
| 3734.06 of the Revised Code, and late payment fees accompanying an | 51442 |
| application submitted to the director shall be credited to the | 51443 |
| general revenue fund. A person who has received a license, upon | 51444 |
| sale or disposition of a solid waste facility, and upon consent of | 51445 |
| the board of health and the director, may have the license | 51446 |
| transferred to another person. The board of health or the director | 51447 |
| may include such terms and conditions in a license or revision to | 51448 |
| a license as are appropriate to ensure compliance with this | 51449 |
| chapter and rules adopted under it. The terms and conditions may | 51450 |
| establish the authorized maximum daily waste receipts for the | 51451 |
| facility. Limitations on maximum daily waste receipts shall be | 51452 |
| specified in cubic yards of volume for the purpose of regulating | 51453 |
| the design, construction, and operation of solid waste facilities. | 51454 |
| Terms and conditions included in a license or revision to a | 51455 |
| license by a board of health shall be consistent with, and pertain | 51456 |
| only to the subjects addressed in, the rules adopted under | 51457 |
| division (A) of section 3734.02 and division (D) of section | 51458 |
| 3734.12 of the Revised Code. | 51459 |
| (2)(a) Except as provided in divisions (A)(2)(b), (8), and | 51460 |
| (9) of this section, each person proposing to open a new solid | 51461 |
| waste facility or to modify an existing solid waste facility shall | 51462 |
| submit an application for a permit with accompanying detail plans | 51463 |
| and specifications to the environmental protection agency for | 51464 |
| required approval under the rules adopted by the director pursuant | 51465 |
| to division (A) of section 3734.02 of the Revised Code and | 51466 |
| applicable rules adopted under division (D) of section 3734.12 of | 51467 |
| the Revised Code at least two hundred seventy days before proposed | 51468 |
| operation of the facility and shall concurrently make application | 51469 |
| for the issuance of a license under division (A)(1) of this | 51470 |
| section with the board of health of the health district in which | 51471 |
| the proposed facility is to be located. | 51472 |
| (b) On and after the effective date of the rules adopted | 51473 |
| under division (A) of section 3734.02 of the Revised Code and | 51474 |
| division (D) of section 3734.12 of the Revised Code governing | 51475 |
| solid waste transfer facilities, each person proposing to open a | 51476 |
| new solid waste transfer facility or to modify an existing solid | 51477 |
| waste transfer facility shall submit an application for a permit | 51478 |
| with accompanying engineering detail plans, specifications, and | 51479 |
| information regarding the facility and its method of operation to | 51480 |
| the environmental protection agency for required approval under | 51481 |
| those rules at least two hundred seventy days before commencing | 51482 |
| proposed operation of the facility and concurrently shall make | 51483 |
| application for the issuance of a license under division (A)(1) of | 51484 |
| this section with the board of health of the health district in | 51485 |
| which the facility is located or proposed. | 51486 |
| (c) Each application for a permit under division (A)(2)(a) or | 51487 |
| (b) of this section shall be accompanied by a nonrefundable | 51488 |
| application fee of four hundred dollars that shall be credited to | 51489 |
| the general revenue fund. Each application for an annual license | 51490 |
| under division (A)(1) or (2) of this section shall be accompanied | 51491 |
| by a nonrefundable application fee of one hundred dollars. If the | 51492 |
| application for an annual license is submitted to a board of | 51493 |
| health on the approved list under section 3734.08 of the Revised | 51494 |
| Code, the application fee shall be credited to the special fund of | 51495 |
| the health district created in division (B) of section 3734.06 of | 51496 |
| the Revised Code. If the application for an annual license is | 51497 |
| submitted to the director, the application fee shall be credited | 51498 |
| to the general revenue fund. If a permit or license is issued, the | 51499 |
| amount of the application fee paid shall be deducted from the | 51500 |
| amount of the permit fee due under division (Q) of section 3745.11 | 51501 |
| of the Revised Code or the amount of the license fee due under | 51502 |
| division (A)(1), (2), (3), or (4) of section 3734.06 of the | 51503 |
| Revised Code. | 51504 |
| (d) As used in divisions (A)(2)(d), (e), and (f) of this | 51505 |
| section, "modify" means any of the following: | 51506 |
| (i) Any increase of more than ten per cent in the total | 51507 |
| capacity of a solid waste facility; | 51508 |
| (ii) Any expansion of the limits of solid waste placement at | 51509 |
| a solid waste facility; | 51510 |
| (iii) Any increase in the depth of excavation at a solid | 51511 |
| waste facility; | 51512 |
| (iv) Any change in the technique of waste receipt or type of | 51513 |
| waste received at a solid waste facility that may endanger human | 51514 |
| health, as determined by the director by rules adopted in | 51515 |
| accordance with Chapter 119. of the Revised Code. | 51516 |
| Not later than thirty-five days after submitting an | 51517 |
| application under division (A)(2)(a) or (b) of this section for a | 51518 |
| permit to open a new or modify an existing solid waste facility, | 51519 |
| the applicant, in conjunction with an officer or employee of the | 51520 |
| environmental protection agency, shall hold a public meeting on | 51521 |
| the application within the county in which the new or modified | 51522 |
| solid waste facility is or is proposed to be located or within a | 51523 |
| contiguous county. Not less than thirty days before holding the | 51524 |
| public meeting on the application, the applicant shall publish | 51525 |
| notice of the meeting in each newspaper of general circulation | 51526 |
| that is published in the county in which the facility is or is | 51527 |
| proposed to be located. If no newspaper of general circulation is | 51528 |
| published in the county, the applicant shall publish the notice in | 51529 |
| a newspaper of general circulation in the county. The notice shall | 51530 |
| contain the date, time, and location of the public meeting and a | 51531 |
| general description of the proposed new or modified facility. Not | 51532 |
| later than five days after publishing the notice, the applicant | 51533 |
| shall send by certified mail a copy of the notice and the date the | 51534 |
| notice was published to the director and the legislative authority | 51535 |
| of each municipal corporation, township, and county, and to the | 51536 |
| chief executive officer of each municipal corporation, in which | 51537 |
| the facility is or is proposed to be located. At the public | 51538 |
| meeting, the applicant shall provide information and describe the | 51539 |
| application and respond to comments or questions concerning the | 51540 |
| application, and the officer or employee of the agency shall | 51541 |
| describe the permit application process. At the public meeting, | 51542 |
| any person may submit written or oral comments on or objections to | 51543 |
| the application. Not more than thirty days after the public | 51544 |
| meeting, the applicant shall provide the director with a copy of a | 51545 |
| transcript of the full meeting, copies of any exhibits, displays, | 51546 |
| or other materials presented by the applicant at the meeting, and | 51547 |
| the original copy of any written comments submitted at the | 51548 |
| meeting. | 51549 |
| (e) Except as provided in division (A)(2)(f) of this section, | 51550 |
| prior to taking an action, other than a proposed or final denial, | 51551 |
| upon an application submitted under division (A)(2)(a) of this | 51552 |
| section for a permit to open a new or modify an existing solid | 51553 |
| waste facility, the director shall hold a public information | 51554 |
| session and a public hearing on the application within the county | 51555 |
| in which the new or modified solid waste facility is or is | 51556 |
| proposed to be located or within a contiguous county. If the | 51557 |
| application is for a permit to open a new solid waste facility, | 51558 |
| the director shall hold the hearing not less than fourteen days | 51559 |
| after the information session. If the application is for a permit | 51560 |
| to modify an existing solid waste facility, the director may hold | 51561 |
| both the information session and the hearing on the same day | 51562 |
| unless any individual affected by the application requests in | 51563 |
| writing that the information session and the hearing not be held | 51564 |
| on the same day, in which case the director shall hold the hearing | 51565 |
| not less than fourteen days after the information session. The | 51566 |
| director shall publish notice of the public information session or | 51567 |
| public hearing not less than thirty days before holding the | 51568 |
| information session or hearing, as applicable. The notice shall be | 51569 |
| published in each newspaper of general circulation that is | 51570 |
| published in the county in which the facility is or is proposed to | 51571 |
| be located. If no newspaper of general circulation is published in | 51572 |
| the county, the director shall publish the notice in a newspaper | 51573 |
| of general circulation in the county. The notice shall contain the | 51574 |
| date, time, and location of the information session or hearing, as | 51575 |
| applicable, and a general description of the proposed new or | 51576 |
| modified facility. At the public information session, an officer | 51577 |
| or employee of the environmental protection agency shall describe | 51578 |
| the status of the permit application and be available to respond | 51579 |
| to comments or questions concerning the application. At the public | 51580 |
| hearing, any person may submit written or oral comments on or | 51581 |
| objections to the approval of the application. The applicant, or a | 51582 |
| representative of the applicant who has knowledge of the location, | 51583 |
| construction, and operation of the facility, shall attend the | 51584 |
| information session and public hearing to respond to comments or | 51585 |
| questions concerning the facility directed to the applicant or | 51586 |
| representative by the officer or employee of the environmental | 51587 |
| protection agency presiding at the information session and | 51588 |
| hearing. | 51589 |
| (f) The solid waste management policy committee of a county | 51590 |
| or joint solid waste management district may adopt a resolution | 51591 |
| requesting expeditious consideration of a specific application | 51592 |
| submitted under division (A)(2)(a) of this section for a permit to | 51593 |
| modify an existing solid waste facility within the district. The | 51594 |
| resolution shall make the finding that expedited consideration of | 51595 |
| the application without the public information session and public | 51596 |
| hearing under division (A)(2)(e) of this section is in the public | 51597 |
| interest and will not endanger human health, as determined by the | 51598 |
| director by rules adopted in accordance with Chapter 119. of the | 51599 |
| Revised Code. Upon receiving such a resolution, the director, at | 51600 |
| the director's discretion, may issue a final action upon the | 51601 |
| application without holding a public information session or public | 51602 |
| hearing pursuant to division (A)(2)(e) of this section. | 51603 |
| (3) Except as provided in division (A)(10) of this section, | 51604 |
| and unless the owner or operator of any solid waste facility, | 51605 |
| other than a solid waste transfer facility or a compost facility | 51606 |
| that accepts exclusively source separated yard wastes, that | 51607 |
| commenced operation on or before July 1, 1968, has obtained an | 51608 |
| exemption from the requirements of division (A)(3) of this section | 51609 |
| in accordance with division (G) of section 3734.02 of the Revised | 51610 |
| Code, the owner or operator shall submit to the director an | 51611 |
| application for a permit with accompanying engineering detail | 51612 |
| plans, specifications, and information regarding the facility and | 51613 |
| its method of operation for approval under rules adopted under | 51614 |
| division (A) of section 3734.02 of the Revised Code and applicable | 51615 |
| rules adopted under division (D) of section 3734.12 of the Revised | 51616 |
| Code in accordance with the following schedule: | 51617 |
| (a) Not later than September 24, 1988, if the facility is | 51618 |
| located in the city of Garfield Heights or Parma in Cuyahoga | 51619 |
| county; | 51620 |
| (b) Not later than December 24, 1988, if the facility is | 51621 |
| located in Delaware, Greene, Guernsey, Hamilton, Madison, | 51622 |
| Mahoning, Ottawa, or Vinton county; | 51623 |
| (c) Not later than March 24, 1989, if the facility is located | 51624 |
| in Champaign, Clinton, Columbiana, Huron, Paulding, Stark, or | 51625 |
| Washington county, or is located in the city of Brooklyn or | 51626 |
| Cuyahoga Heights in Cuyahoga county; | 51627 |
| (d) Not later than June 24, 1989, if the facility is located | 51628 |
| in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain, Lucas, or | 51629 |
| Summit county or is located in Cuyahoga county outside the cities | 51630 |
| of Garfield Heights, Parma, Brooklyn, and Cuyahoga Heights; | 51631 |
| (e) Not later than September 24, 1989, if the facility is | 51632 |
| located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross | 51633 |
| county; | 51634 |
| (f) Not later than December 24, 1989, if the facility is | 51635 |
| located in a county not listed in divisions (A)(3)(a) to (e) of | 51636 |
| this section; | 51637 |
| (g) Notwithstanding divisions (A)(3)(a) to (f) of this | 51638 |
| section, not later than December 31, 1990, if the facility is a | 51639 |
| solid waste facility owned by a generator of solid wastes when the | 51640 |
| solid waste facility exclusively disposes of solid wastes | 51641 |
| generated at one or more premises owned by the generator | 51642 |
| regardless of whether the facility is located on a premises where | 51643 |
| the wastes are generated and if the facility disposes of more than | 51644 |
| one hundred thousand tons of solid wastes per year, provided that | 51645 |
| any such facility shall be subject to division (A)(5) of this | 51646 |
| section. | 51647 |
| (4) Except as provided in divisions (A)(8), (9), and (10) of | 51648 |
| this section, unless the owner or operator of any solid waste | 51649 |
| facility for which a permit was issued after July 1, 1968, but | 51650 |
| before January 1, 1980, has obtained an exemption from the | 51651 |
| requirements of division (A)(4) of this section under division (G) | 51652 |
| of section 3734.02 of the Revised Code, the owner or operator | 51653 |
| shall submit to the director an application for a permit with | 51654 |
| accompanying engineering detail plans, specifications, and | 51655 |
| information regarding the facility and its method of operation for | 51656 |
| approval under those rules. | 51657 |
| (5) The director may issue an order in accordance with | 51658 |
| Chapter 3745. of the Revised Code to the owner or operator of a | 51659 |
| solid waste facility requiring the person to submit to the | 51660 |
| director updated engineering detail plans, specifications, and | 51661 |
| information regarding the facility and its method of operation for | 51662 |
| approval under rules adopted under division (A) of section 3734.02 | 51663 |
| of the Revised Code and applicable rules adopted under division | 51664 |
| (D) of section 3734.12 of the Revised Code if, in the director's | 51665 |
| judgment, conditions at the facility constitute a substantial | 51666 |
| threat to public health or safety or are causing or contributing | 51667 |
| to or threatening to cause or contribute to air or water pollution | 51668 |
| or soil contamination. Any person who receives such an order shall | 51669 |
| submit the updated engineering detail plans, specifications, and | 51670 |
| information to the director within one hundred eighty days after | 51671 |
| the effective date of the order. | 51672 |
| (6) The director shall act upon an application submitted | 51673 |
| under division (A)(3) or (4) of this section and any updated | 51674 |
| engineering plans, specifications, and information submitted under | 51675 |
| division (A)(5) of this section within one hundred eighty days | 51676 |
| after receiving them. If the director denies any such permit | 51677 |
| application, the order denying the application or disapproving the | 51678 |
| plans shall include the requirements that the owner or operator | 51679 |
| submit a plan for closure and post-closure care of the facility to | 51680 |
| the director for approval within six months after issuance of the | 51681 |
| order, cease accepting solid wastes for disposal or transfer at | 51682 |
| the facility, and commence closure of the facility not later than | 51683 |
| one year after issuance of the order. If the director determines | 51684 |
| that closure of the facility within that one-year period would | 51685 |
| result in the unavailability of sufficient solid waste management | 51686 |
| facility capacity within the county or joint solid waste | 51687 |
| management district in which the facility is located to dispose of | 51688 |
| or transfer the solid waste generated within the district, the | 51689 |
| director in the order of denial or disapproval may postpone | 51690 |
| commencement of closure of the facility for such period of time as | 51691 |
| the director finds necessary for the board of county commissioners | 51692 |
| or directors of the district to secure access to or for there to | 51693 |
| be constructed within the district sufficient solid waste | 51694 |
| management facility capacity to meet the needs of the district, | 51695 |
| provided that the director shall certify in the director's order | 51696 |
| that postponing the date for commencement of closure will not | 51697 |
| endanger ground water or any property surrounding the facility, | 51698 |
| allow methane gas migration to occur, or cause or contribute to | 51699 |
| any other type of environmental damage. | 51700 |
| If an emergency need for disposal capacity that may affect | 51701 |
| public health and safety exists as a result of closure of a | 51702 |
| facility under division (A)(6) of this section, the director may | 51703 |
| issue an order designating another solid waste facility to accept | 51704 |
| the wastes that would have been disposed of at the facility to be | 51705 |
| closed. | 51706 |
| (7) If the director determines that standards more stringent | 51707 |
| than those applicable in rules adopted under division (A) of | 51708 |
| section 3734.02 of the Revised Code and division (D) of section | 51709 |
| 3734.12 of the Revised Code, or standards pertaining to subjects | 51710 |
| not specifically addressed by those rules, are necessary to ensure | 51711 |
| that a solid waste facility constructed at the proposed location | 51712 |
| will not cause a nuisance, cause or contribute to water pollution, | 51713 |
| or endanger public health or safety, the director may issue a | 51714 |
| permit for the facility with such terms and conditions as the | 51715 |
| director finds necessary to protect public health and safety and | 51716 |
| the environment. If a permit is issued, the director shall state | 51717 |
| in the order issuing it the specific findings supporting each such | 51718 |
| term or condition. | 51719 |
| (8) Divisions (A)(1), (2)(a), (3), and (4) of this section do | 51720 |
| not apply to a solid waste compost facility that accepts | 51721 |
| exclusively source separated yard wastes and that is registered | 51722 |
| under division (C) of section 3734.02 of the Revised Code or, | 51723 |
| unless otherwise provided in rules adopted under division (N)(3) | 51724 |
| of section 3734.02 of the Revised Code, to a solid waste compost | 51725 |
| facility if the director has adopted rules establishing an | 51726 |
| alternative system for authorizing the establishment, operation, | 51727 |
| or modification of a solid waste compost facility under that | 51728 |
| division. | 51729 |
| (9) Divisions (A)(1) to (7) of this section do not apply to | 51730 |
| scrap tire collection, storage, monocell, monofill, and recovery | 51731 |
| facilities. The approval of plans and specifications, as | 51732 |
| applicable, and the issuance of registration certificates, | 51733 |
| permits, and licenses for those facilities are subject to sections | 51734 |
| 3734.75 to 3734.78 of the Revised Code, as applicable, and section | 51735 |
| 3734.81 of the Revised Code. | 51736 |
| (10) Divisions (A)(3) and (4) of this section do not apply to | 51737 |
| a solid waste incinerator that was placed into operation on or | 51738 |
| before October 12, 1994, and that is not authorized to accept and | 51739 |
| treat infectious wastes pursuant to division (B) of this section. | 51740 |
| (B)(1) Each person who is engaged in the business of treating | 51741 |
| infectious wastes for profit at a treatment facility located off | 51742 |
| the premises where the wastes are generated that is in operation | 51743 |
| on August 10, 1988, and who proposes to continue operating the | 51744 |
| facility shall submit to the board of health of the health | 51745 |
| district in which the facility is located an application for a | 51746 |
| license to operate the facility. | 51747 |
| Thereafter, no person shall operate or maintain an infectious | 51748 |
| waste treatment facility without a license issued by the board of | 51749 |
| health of the health district in which the facility is located or | 51750 |
| by the director when the health district in which the facility is | 51751 |
| located is not on the approved list under section 3734.08 of the | 51752 |
| Revised Code. | 51753 |
| (2)(a) During the month of December, but before the first day | 51754 |
| of January of the next year, every person proposing to continue to | 51755 |
| operate an existing infectious waste treatment facility shall | 51756 |
| procure a license to operate the facility for that year from the | 51757 |
| board of health of the health district in which the facility is | 51758 |
| located or, if the health district is not on the approved list | 51759 |
| under section 3734.08 of the Revised Code, from the director. The | 51760 |
| application for such a license shall be submitted to the board of | 51761 |
| health or to the director, as appropriate, on or before the last | 51762 |
| day of September of the year preceding that for which the license | 51763 |
| is sought. In addition to the application fee prescribed in | 51764 |
| division (B)(2)(c) of this section, a person who submits an | 51765 |
| application after that date shall pay an additional ten per cent | 51766 |
| of the amount of the application fee for each week that the | 51767 |
| application is late. Late payment fees accompanying an application | 51768 |
| submitted to the board of health shall be credited to the special | 51769 |
| infectious waste fund of the health district created in division | 51770 |
| (C) of section 3734.06 of the Revised Code, and late payment fees | 51771 |
| accompanying an application submitted to the director shall be | 51772 |
| credited to the general revenue fund. A person who has received a | 51773 |
| license, upon sale or disposition of an infectious waste treatment | 51774 |
| facility and upon consent of the board of health and the director, | 51775 |
| may have the license transferred to another person. The board of | 51776 |
| health or the director may include such terms and conditions in a | 51777 |
| license or revision to a license as are appropriate to ensure | 51778 |
| compliance with the infectious waste provisions of this chapter | 51779 |
| and rules adopted under them. | 51780 |
| (b) Each person proposing to open a new infectious waste | 51781 |
| treatment facility or to modify an existing infectious waste | 51782 |
| treatment facility shall submit an application for a permit with | 51783 |
| accompanying detail plans and specifications to the environmental | 51784 |
| protection agency for required approval under the rules adopted by | 51785 |
| the director pursuant to section 3734.021 of the Revised Code two | 51786 |
| hundred seventy days before proposed operation of the facility and | 51787 |
| concurrently shall make application for a license with the board | 51788 |
| of health of the health district in which the facility is or is | 51789 |
| proposed to be located. Not later than ninety days after receiving | 51790 |
| a completed application under division (B)(2)(b) of this section | 51791 |
| for a permit to open a new infectious waste treatment facility or | 51792 |
| modify an existing infectious waste treatment facility to expand | 51793 |
| its treatment capacity, or receiving a completed application under | 51794 |
| division (A)(2)(a) of this section for a permit to open a new | 51795 |
| solid waste incineration facility, or modify an existing solid | 51796 |
| waste incineration facility to also treat infectious wastes or to | 51797 |
| increase its infectious waste treatment capacity, that pertains to | 51798 |
| a facility for which a notation authorizing infectious waste | 51799 |
| treatment is included or proposed to be included in the solid | 51800 |
| waste incineration facility's license pursuant to division (B)(3) | 51801 |
| of this section, the director shall hold a public hearing on the | 51802 |
| application within the county in which the new or modified | 51803 |
| infectious waste or solid waste facility is or is proposed to be | 51804 |
| located or within a contiguous county. Not less than thirty days | 51805 |
| before holding the public hearing on the application, the director | 51806 |
| shall publish notice of the hearing in each newspaper that has | 51807 |
| general circulation and that is published in the county in which | 51808 |
| the facility is or is proposed to be located. If there is no | 51809 |
| newspaper that has general circulation and that is published in | 51810 |
| the county, the director shall publish the notice in a newspaper | 51811 |
| of general circulation in the county. The notice shall contain the | 51812 |
| date, time, and location of the public hearing and a general | 51813 |
| description of the proposed new or modified facility. At the | 51814 |
| public hearing, any person may submit written or oral comments on | 51815 |
| or objections to the approval or disapproval of the application. | 51816 |
| The applicant, or a representative of the applicant who has | 51817 |
| knowledge of the location, construction, and operation of the | 51818 |
| facility, shall attend the public hearing to respond to comments | 51819 |
| or questions concerning the facility directed to the applicant or | 51820 |
| representative by the officer or employee of the environmental | 51821 |
| protection agency presiding at the hearing. | 51822 |
| (c) Each application for a permit under division (B)(2)(b) of | 51823 |
| this section shall be accompanied by a nonrefundable application | 51824 |
| fee of four hundred dollars that shall be credited to the general | 51825 |
| revenue fund. Each application for an annual license under | 51826 |
| division (B)(2)(a) of this section shall be accompanied by a | 51827 |
| nonrefundable application fee of one hundred dollars. If the | 51828 |
| application for an annual license is submitted to a board of | 51829 |
| health on the approved list under section 3734.08 of the Revised | 51830 |
| Code, the application fee shall be credited to the special | 51831 |
| infectious waste fund of the health district created in division | 51832 |
| (C) of section 3734.06 of the Revised Code. If the application for | 51833 |
| an annual license is submitted to the director, the application | 51834 |
| fee shall be credited to the general revenue fund. If a permit or | 51835 |
| license is issued, the amount of the application fee paid shall be | 51836 |
| deducted from the amount of the permit fee due under division (Q) | 51837 |
| of section 3745.11 of the Revised Code or the amount of the | 51838 |
| license fee due under division (C) of section 3734.06 of the | 51839 |
| Revised Code. | 51840 |
| (d) The owner or operator of any infectious waste treatment | 51841 |
| facility that commenced operation on or before July 1, 1968, shall | 51842 |
| submit to the director an application for a permit with | 51843 |
| accompanying engineering detail plans, specifications, and | 51844 |
| information regarding the facility and its method of operation for | 51845 |
| approval under rules adopted under section 3734.021 of the Revised | 51846 |
| Code in accordance with the following schedule: | 51847 |
| (i) Not later than December 24, 1988, if the facility is | 51848 |
| located in Delaware, Greene, Guernsey, Hamilton, Madison, | 51849 |
| Mahoning, Ottawa, or Vinton county; | 51850 |
| (ii) Not later than March 24, 1989, if the facility is | 51851 |
| located in Champaign, Clinton, Columbiana, Huron, Paulding, Stark, | 51852 |
| or Washington county, or is located in the city of Brooklyn, | 51853 |
| Cuyahoga Heights, or Parma in Cuyahoga county; | 51854 |
| (iii) Not later than June 24, 1989, if the facility is | 51855 |
| located in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain, | 51856 |
| Lucas, or Summit county or is located in Cuyahoga county outside | 51857 |
| the cities of Brooklyn, Cuyahoga Heights, and Parma; | 51858 |
| (iv) Not later than September 24, 1989, if the facility is | 51859 |
| located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross | 51860 |
| county; | 51861 |
| (v) Not later than December 24, 1989, if the facility is | 51862 |
| located in a county not listed in divisions (B)(2)(d)(i) to (iv) | 51863 |
| of this section. | 51864 |
| The owner or operator of an infectious waste treatment | 51865 |
| facility required to submit a permit application under division | 51866 |
| (B)(2)(d) of this section is not required to pay any permit | 51867 |
| application fee under division (B)(2)(c) of this section, or | 51868 |
| permit fee under division (Q) of section 3745.11 of the Revised | 51869 |
| Code, with respect thereto unless the owner or operator also | 51870 |
| proposes to modify the facility. | 51871 |
| (e) The director may issue an order in accordance with | 51872 |
| Chapter 3745. of the Revised Code to the owner or operator of an | 51873 |
| infectious waste treatment facility requiring the person to submit | 51874 |
| to the director updated engineering detail plans, specifications, | 51875 |
| and information regarding the facility and its method of operation | 51876 |
| for approval under rules adopted under section 3734.021 of the | 51877 |
| Revised Code if, in the director's judgment, conditions at the | 51878 |
| facility constitute a substantial threat to public health or | 51879 |
| safety or are causing or contributing to or threatening to cause | 51880 |
| or contribute to air or water pollution or soil contamination. Any | 51881 |
| person who receives such an order shall submit the updated | 51882 |
| engineering detail plans, specifications, and information to the | 51883 |
| director within one hundred eighty days after the effective date | 51884 |
| of the order. | 51885 |
| (f) The director shall act upon an application submitted | 51886 |
| under division (B)(2)(d) of this section and any updated | 51887 |
| engineering plans, specifications, and information submitted under | 51888 |
| division (B)(2)(e) of this section within one hundred eighty days | 51889 |
| after receiving them. If the director denies any such permit | 51890 |
| application or disapproves any such updated engineering plans, | 51891 |
| specifications, and information, the director shall include in the | 51892 |
| order denying the application or disapproving the plans the | 51893 |
| requirement that the owner or operator cease accepting infectious | 51894 |
| wastes for treatment at the facility. | 51895 |
| (3) Division (B) of this section does not apply to an | 51896 |
| infectious waste treatment facility that meets any of the | 51897 |
| following conditions: | 51898 |
| (a) Is owned or operated by the generator of the wastes and | 51899 |
| exclusively treats, by methods, techniques, and practices | 51900 |
| established by rules adopted under division (C)(1) or (3) of | 51901 |
| section 3734.021 of the Revised Code, wastes that are generated at | 51902 |
| any premises owned or operated by that generator regardless of | 51903 |
| whether the wastes are generated on the same premises where the | 51904 |
| generator's treatment facility is located or, if the generator is | 51905 |
| a hospital as defined in section 3727.01 of the Revised Code, | 51906 |
| infectious wastes that are described in division (A)(1)(g), (h), | 51907 |
| or (i) of section 3734.021 of the Revised Code; | 51908 |
| (b) Holds a license or renewal of a license to operate a | 51909 |
| crematory facility issued under Chapter 4717. and a permit issued | 51910 |
| under Chapter 3704. of the Revised Code; | 51911 |
| (c) Treats or disposes of dead animals or parts thereof, or | 51912 |
| the blood of animals, and is subject to any of the following: | 51913 |
| (i) Inspection under the "Federal Meat Inspection Act," 81 | 51914 |
| Stat. 584 (1967), 21 U.S.C.A. 603, as amended; | 51915 |
| (ii) Chapter 918. of the Revised Code; | 51916 |
| (iii) Chapter 953. of the Revised Code. | 51917 |
| Nothing in division (B) of this section requires a facility | 51918 |
| that holds a license issued under division (A) of this section as | 51919 |
| a solid waste facility and that also treats infectious wastes by | 51920 |
| the same method, technique, or process to obtain a license under | 51921 |
| division (B) of this section as an infectious waste treatment | 51922 |
| facility. However, the solid waste facility license for the | 51923 |
| facility shall include the notation that the facility also treats | 51924 |
| infectious wastes. | 51925 |
| On and after the effective date of the amendments to the | 51926 |
| rules adopted under division (C)(2) of section 3734.021 of the | 51927 |
| Revised Code that are required by Section 6 of Substitute House | 51928 |
| Bill No. 98 of the 120th General Assembly, the director shall not | 51929 |
| issue a permit to open a new solid waste incineration facility | 51930 |
| unless the proposed facility complies with the requirements for | 51931 |
| the location of new infectious waste incineration facilities | 51932 |
| established in the required amendments to those rules. | 51933 |
| (C) Except for a facility or activity described in division | 51934 |
| (E)(3) of section 3734.02 of the Revised Code, a person who | 51935 |
| proposes to establish or operate a hazardous waste facility shall | 51936 |
| submit a complete application for a hazardous waste facility | 51937 |
| installation and operation permit and accompanying detail plans, | 51938 |
| specifications, and such information as the director may require | 51939 |
| to the environmental protection agency at least one hundred eighty | 51940 |
| days before the proposed beginning of operation of the facility. | 51941 |
| The applicant shall notify by certified mail the legislative | 51942 |
| authority of each municipal corporation, township, and county in | 51943 |
| which the facility is proposed to be located of the submission of | 51944 |
| the application within ten days after the submission or at such | 51945 |
| earlier time as the director may establish by rule. If the | 51946 |
| application is for a proposed new hazardous waste disposal or | 51947 |
| thermal treatment facility, the applicant also shall give actual | 51948 |
| notice of the general design and purpose of the facility to the | 51949 |
| legislative authority of each municipal corporation, township, and | 51950 |
| county in which the facility is proposed to be located at least | 51951 |
| ninety days before the permit application is submitted to the | 51952 |
| environmental protection agency. | 51953 |
| In accordance with rules adopted under section 3734.12 of the | 51954 |
| Revised Code, prior to the submission of a complete application | 51955 |
| for a hazardous waste facility installation and operation permit, | 51956 |
| the applicant shall hold at least one meeting in the township or | 51957 |
| municipal corporation in which the facility is proposed to be | 51958 |
| located, whichever is geographically closer to the proposed | 51959 |
| location of the facility. The meeting shall be open to the public | 51960 |
| and shall be held to inform the community of the proposed | 51961 |
| hazardous waste management activities and to solicit questions | 51962 |
| from the community concerning the activities. | 51963 |
| (D)(1) Except as provided in section 3734.123 of the Revised | 51964 |
| Code, upon receipt of a complete application for a hazardous waste | 51965 |
| facility installation and operation permit under division (C) of | 51966 |
| this section, the director shall consider the application and | 51967 |
| accompanying information to determine whether the application | 51968 |
| complies with agency rules and the requirements of division (D)(2) | 51969 |
| of this section. After making a determination, the director shall | 51970 |
| issue either a draft permit or a notice of intent to deny the | 51971 |
| permit. The director, in accordance with rules adopted under | 51972 |
| section 3734.12 of the Revised Code or with rules adopted to | 51973 |
| implement Chapter 3745. of the Revised Code, shall provide public | 51974 |
| notice of the application and the draft permit or the notice of | 51975 |
| intent to deny the permit, provide an opportunity for public | 51976 |
| comments, and, if significant interest is shown, schedule a public | 51977 |
| meeting in the county in which the facility is proposed to be | 51978 |
| located and give public notice of the date, time, and location of | 51979 |
| the public meeting in a newspaper of general circulation in that | 51980 |
| county. | 51981 |
| (2) The director shall not approve an application for a | 51982 |
| hazardous waste facility installation and operation permit or an | 51983 |
| application for a modification under division (I)(3) of this | 51984 |
| section unless the director finds and determines as follows: | 51985 |
| (a) The nature and volume of the waste to be treated, stored, | 51986 |
| or disposed of at the facility; | 51987 |
| (b) That the facility complies with the director's hazardous | 51988 |
| waste standards adopted pursuant to section 3734.12 of the Revised | 51989 |
| Code; | 51990 |
| (c) That the facility represents the minimum adverse | 51991 |
| environmental impact, considering the state of available | 51992 |
| technology and the nature and economics of various alternatives, | 51993 |
| and other pertinent considerations; | 51994 |
| (d) That the facility represents the minimum risk of all of | 51995 |
| the following: | 51996 |
| (i) Fires or explosions from treatment, storage, or disposal | 51997 |
| methods; | 51998 |
| (ii) Release of hazardous waste during transportation of | 51999 |
| hazardous waste to or from the facility; | 52000 |
| (iii) Adverse impact on the public health and safety. | 52001 |
| (e) That the facility will comply with this chapter and | 52002 |
| Chapters 3704. and 6111. of the Revised Code and all rules and | 52003 |
| standards adopted under them; | 52004 |
| (f) That if the owner of the facility, the operator of the | 52005 |
| facility, or any other person in a position with the facility from | 52006 |
| which the person may influence the installation and operation of | 52007 |
| the facility has been involved in any prior activity involving | 52008 |
| transportation, treatment, storage, or disposal of hazardous | 52009 |
| waste, that person has a history of compliance with this chapter | 52010 |
| and Chapters 3704. and 6111. of the Revised Code and all rules and | 52011 |
| standards adopted under them, the "Resource Conservation and | 52012 |
| Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as | 52013 |
| amended, and all regulations adopted under it, and similar laws | 52014 |
| and rules of other states if any such prior operation was located | 52015 |
| in another state that demonstrates sufficient reliability, | 52016 |
| expertise, and competency to operate a hazardous waste facility | 52017 |
| under the applicable provisions of this chapter and Chapters 3704. | 52018 |
| and 6111. of the Revised Code, the applicable rules and standards | 52019 |
| adopted under them, and terms and conditions of a hazardous waste | 52020 |
| facility installation and operation permit, given the potential | 52021 |
| for harm to the public health and safety and the environment that | 52022 |
| could result from the irresponsible operation of the facility. For | 52023 |
| off-site facilities, as defined in section 3734.41 of the Revised | 52024 |
| Code, the director may use the investigative reports of the | 52025 |
| attorney general prepared pursuant to section 3734.42 of the | 52026 |
| Revised Code as a basis for making a finding and determination | 52027 |
| under division (D)(2)(f) of this section. | 52028 |
| (g) That the active areas within a new hazardous waste | 52029 |
| facility where acute hazardous waste as listed in 40 C.F.R. 261.33 | 52030 |
| (e), as amended, or organic waste that is toxic and is listed | 52031 |
| under 40 C.F.R. 261, as amended, is being stored, treated, or | 52032 |
| disposed of and where the aggregate of the storage design capacity | 52033 |
| and the disposal design capacity of all hazardous waste in those | 52034 |
| areas is greater than two hundred fifty thousand gallons, are not | 52035 |
| located or operated within any of the following: | 52036 |
| (i) Two thousand feet of any residence, school, hospital, | 52037 |
| jail, or prison; | 52038 |
| (ii) Any naturally occurring wetland; | 52039 |
| (iii) Any flood hazard area if the applicant cannot show that | 52040 |
| the facility will be designed, constructed, operated, and | 52041 |
| maintained to prevent washout by a one-hundred-year flood. | 52042 |
| Division (D)(2)(g) of this section does not apply to the | 52043 |
| facility of any applicant who demonstrates to the director that | 52044 |
| the limitations specified in that division are not necessary | 52045 |
| because of the nature or volume of the waste and the manner of | 52046 |
| management applied, the facility will impose no substantial danger | 52047 |
| to the health and safety of persons occupying the structures | 52048 |
| listed in division (D)(2)(g)(i) of this section, and the facility | 52049 |
| is to be located or operated in an area where the proposed | 52050 |
| hazardous waste activities will not be incompatible with existing | 52051 |
| land uses in the area. | 52052 |
| (h) That the facility will not be located within the | 52053 |
| boundaries of a state park established or dedicated under Chapter | 52054 |
| 1541. of the Revised Code, a state park purchase area established | 52055 |
| under section 1541.02 of the Revised Code, any unit of the | 52056 |
| national park system, or any property that lies within the | 52057 |
| boundaries of a national park or recreation area, but that has not | 52058 |
| been acquired or is not administered by the secretary of the | 52059 |
| United States department of the interior, located in this state, | 52060 |
| or any candidate area located in this state identified for | 52061 |
| potential inclusion in the national park system in the edition of | 52062 |
| the "national park system plan" submitted under paragraph (b) of | 52063 |
| section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16 | 52064 |
| U.S.C.A. 1a-5, as amended, current at the time of filing of the | 52065 |
| application for the permit, unless the facility will be used | 52066 |
| exclusively for the storage of hazardous waste generated within | 52067 |
| the park or recreation area in conjunction with the operation of | 52068 |
| the park or recreation area. Division (D)(2)(h) of this section | 52069 |
| does not apply to the facility of any applicant for modification | 52070 |
| of a permit unless the modification application proposes to | 52071 |
| increase the land area included in the facility or to increase the | 52072 |
| quantity of hazardous waste that will be treated, stored, or | 52073 |
| disposed of at the facility. | 52074 |
| (3) Not later than one hundred eighty days after the end of | 52075 |
| the public comment period, the director, without prior hearing, | 52076 |
| shall issue or deny the permit in accordance with Chapter 3745. of | 52077 |
| the Revised Code. If the director approves an application for a | 52078 |
| hazardous waste facility installation and operation permit, the | 52079 |
| director shall issue the permit, upon such terms and conditions as | 52080 |
| the director finds are necessary to ensure the construction and | 52081 |
| operation of the hazardous waste facility in accordance with the | 52082 |
| standards of this section. | 52083 |
| (E) | 52084 |
| additional zoning or other approval, consent, permit, certificate, | 52085 |
| or condition for the construction or operation of a hazardous | 52086 |
| waste facility authorized by a hazardous waste facility | 52087 |
| installation and operation permit issued pursuant to this chapter, | 52088 |
| nor shall any political subdivision adopt or enforce any law, | 52089 |
| ordinance, or rule that in any way alters, impairs, or limits the | 52090 |
| authority granted in the permit. | 52091 |
| (F) The director may issue a single hazardous waste facility | 52092 |
| installation and operation permit to a person who operates two or | 52093 |
| more adjoining facilities where hazardous waste is stored, | 52094 |
| treated, or disposed of if the application includes detail plans, | 52095 |
| specifications, and information on all facilities. For the | 52096 |
| purposes of this section, "adjoining" means sharing a common | 52097 |
| boundary, separated only by a public road, or in such proximity | 52098 |
| that the director determines that the issuance of a single permit | 52099 |
| will not create a hazard to the public health or safety or the | 52100 |
| environment. | 52101 |
| (G) No person shall falsify or fail to keep or submit any | 52102 |
| plans, specifications, data, reports, records, manifests, or other | 52103 |
| information required to be kept or submitted to the director by | 52104 |
| this chapter or the rules adopted under it. | 52105 |
| (H)(1) Each person who holds an installation and operation | 52106 |
| permit issued under this section and who wishes to obtain a permit | 52107 |
| renewal shall submit a completed application for an installation | 52108 |
| and operation permit renewal and any necessary accompanying | 52109 |
| general plans, detail plans, specifications, and such information | 52110 |
| as the director may require to the director no later than one | 52111 |
| hundred eighty days prior to the expiration date of the existing | 52112 |
| permit or upon a later date prior to the expiration of the | 52113 |
| existing permit if the permittee can demonstrate good cause for | 52114 |
| the late submittal. The director shall consider the application | 52115 |
| and accompanying information, inspection reports of the facility, | 52116 |
| results of performance tests, a report regarding the facility's | 52117 |
| compliance or noncompliance with the terms and conditions of its | 52118 |
| permit and rules adopted by the director under this chapter, and | 52119 |
| such other information as is relevant to the operation of the | 52120 |
| facility and shall issue a draft renewal permit or a notice of | 52121 |
| intent to deny the renewal permit. The director, in accordance | 52122 |
| with rules adopted under this section or with rules adopted to | 52123 |
| implement Chapter 3745. of the Revised Code, shall give public | 52124 |
| notice of the application and draft renewal permit or notice of | 52125 |
| intent to deny the renewal permit, provide for the opportunity for | 52126 |
| public comments within a specified time period, schedule a public | 52127 |
| meeting in the county in which the facility is located if | 52128 |
| significant interest is shown, and give public notice of the | 52129 |
| public meeting. | 52130 |
| (2) Within sixty days after the public meeting or close of | 52131 |
| the public comment period, the director, without prior hearing, | 52132 |
| shall issue or deny the renewal permit in accordance with Chapter | 52133 |
| 3745. of the Revised Code. The director shall not issue a renewal | 52134 |
| permit unless the director determines that the facility under the | 52135 |
| existing permit has a history of compliance with this chapter, | 52136 |
| rules adopted under it, the existing permit, or orders entered to | 52137 |
| enforce such requirements that demonstrates sufficient | 52138 |
| reliability, expertise, and competency to operate the facility | 52139 |
| henceforth under this chapter, rules adopted under it, and the | 52140 |
| renewal permit. If the director approves an application for a | 52141 |
| renewal permit, the director shall issue the permit subject to the | 52142 |
| payment of the annual permit fee required under division (E) of | 52143 |
| section 3734.02 of the Revised Code and upon such terms and | 52144 |
| conditions as the director finds are reasonable to ensure that | 52145 |
| continued operation, maintenance, closure, and post-closure care | 52146 |
| of the hazardous waste facility are in accordance with the rules | 52147 |
| adopted under section 3734.12 of the Revised Code. | 52148 |
| (3) An installation and operation permit renewal application | 52149 |
| submitted to the director that also contains or would constitute | 52150 |
| an application for a modification shall be acted upon by the | 52151 |
| director in accordance with division (I) of this section in the | 52152 |
| same manner as an application for a modification. In approving or | 52153 |
| disapproving the renewal portion of a permit renewal application | 52154 |
| containing an application for a modification, the director shall | 52155 |
| apply the criteria established under division (H)(2) of this | 52156 |
| section. | 52157 |
| (4) An application for renewal or modification of a permit | 52158 |
| that does not contain an application for a modification as | 52159 |
| described in divisions (I)(3)(a) to (d) of this section shall not | 52160 |
| be subject to division (D)(2) of this section. | 52161 |
| (I)(1) As used in this section, "modification" means a change | 52162 |
| or alteration to a hazardous waste facility or its operations that | 52163 |
| is inconsistent with or not authorized by its existing permit or | 52164 |
| authorization to operate. Modifications shall be classified as | 52165 |
| Class 1, 2, or 3 modifications in accordance with rules adopted | 52166 |
| under division (K) of this section. Modifications classified as | 52167 |
| Class 3 modifications, in accordance with rules adopted under that | 52168 |
| division, shall be further classified by the director as either | 52169 |
| Class 3 modifications that are to be approved or disapproved by | 52170 |
| the director under divisions (I)(3)(a) to (d) of this section or | 52171 |
| as Class 3 modifications that are to be approved or disapproved by | 52172 |
| the director under division (I)(5) of this section. Not later than | 52173 |
| thirty days after receiving a request for a modification under | 52174 |
| division (I)(4) of this section that is not listed in Appendix I | 52175 |
| to 40 C.F.R. 270.42 or in rules adopted under division (K) of this | 52176 |
| section, the director shall classify the modification and shall | 52177 |
| notify the owner or operator of the facility requesting the | 52178 |
| modification of the classification. Notwithstanding any other law | 52179 |
| to the contrary, any modification that involves the transfer of a | 52180 |
| hazardous waste facility installation and operation permit to a | 52181 |
| new owner or operator for an off-site facility as defined in | 52182 |
| section 3734.41 of the Revised Code shall be classified as a Class | 52183 |
| 3 modification. The transfer of a hazardous waste facility | 52184 |
| installation and operation permit to a new owner or operator for a | 52185 |
| facility that is not an off-site facility shall be classified as a | 52186 |
| Class 1 modification requiring prior approval of the director. | 52187 |
| (2) Except as provided in section 3734.123 of the Revised | 52188 |
| Code, a hazardous waste facility installation and operation permit | 52189 |
| may be modified at the request of the director or upon the written | 52190 |
| request of the permittee only if any of the following applies: | 52191 |
| (a) The permittee desires to accomplish alterations, | 52192 |
| additions, or deletions to the permitted facility or to undertake | 52193 |
| alterations, additions, deletions, or activities that are | 52194 |
| inconsistent with or not authorized by the existing permit; | 52195 |
| (b) New information or data justify permit conditions in | 52196 |
| addition to or different from those in the existing permit; | 52197 |
| (c) The standards, criteria, or rules upon which the existing | 52198 |
| permit is based have been changed by new, amended, or rescinded | 52199 |
| standards, criteria, or rules, or by judicial decision after the | 52200 |
| existing permit was issued, and the change justifies permit | 52201 |
| conditions in addition to or different from those in the existing | 52202 |
| permit; | 52203 |
| (d) The permittee proposes to transfer the permit to another | 52204 |
| person. | 52205 |
| (3) The director shall approve or disapprove an application | 52206 |
| for a modification in accordance with division (D)(2) of this | 52207 |
| section and rules adopted under division (K) of this section for | 52208 |
| all of the following categories of Class 3 modifications: | 52209 |
| (a) Authority to conduct treatment, storage, or disposal at a | 52210 |
| site, location, or tract of land that has not been authorized for | 52211 |
| the proposed category of treatment, storage, or disposal activity | 52212 |
| by the facility's permit; | 52213 |
| (b) Modification or addition of a hazardous waste management | 52214 |
| unit, as defined in rules adopted under section 3734.12 of the | 52215 |
| Revised Code, that results in an increase in a facility's storage | 52216 |
| capacity of more than twenty-five per cent over the capacity | 52217 |
| authorized by the facility's permit, an increase in a facility's | 52218 |
| treatment rate of more than twenty-five per cent over the rate so | 52219 |
| authorized, or an increase in a facility's disposal capacity over | 52220 |
| the capacity so authorized. The authorized disposal capacity for a | 52221 |
| facility shall be calculated from the approved design plans for | 52222 |
| the disposal units at that facility. In no case during a five-year | 52223 |
| period shall a facility's storage capacity or treatment rate be | 52224 |
| modified to increase by more than twenty-five per cent in the | 52225 |
| aggregate without the director's approval in accordance with | 52226 |
| division (D)(2) of this section. Notwithstanding any provision of | 52227 |
| division (I) of this section to the contrary, a request for | 52228 |
| modification of a facility's annual total waste receipt limit | 52229 |
| shall be classified and approved or disapproved by the director | 52230 |
| under division (I)(5) of this section. | 52231 |
| (c) Authority to add any of the following categories of | 52232 |
| regulated activities not previously authorized at a facility by | 52233 |
| the facility's permit: storage at a facility not previously | 52234 |
| authorized to store hazardous waste, treatment at a facility not | 52235 |
| previously authorized to treat hazardous waste, or disposal at a | 52236 |
| facility not previously authorized to dispose of hazardous waste; | 52237 |
| or authority to add a category of hazardous waste management unit | 52238 |
| not previously authorized at the facility by the facility's | 52239 |
| permit. Notwithstanding any provision of division (I) of this | 52240 |
| section to the contrary, a request for authority to add or to | 52241 |
| modify an activity or a hazardous waste management unit for the | 52242 |
| purposes of performing a corrective action shall be classified and | 52243 |
| approved or disapproved by the director under division (I)(5) of | 52244 |
| this section. | 52245 |
| (d) Authority to treat, store, or dispose of waste types | 52246 |
| listed or characterized as reactive or explosive, in rules adopted | 52247 |
| under section 3734.12 of the Revised Code, or any acute hazardous | 52248 |
| waste listed in 40 C.F.R. 261.33(e), as amended, at a facility not | 52249 |
| previously authorized to treat, store, or dispose of those types | 52250 |
| of wastes by the facility's permit unless the requested authority | 52251 |
| is limited to wastes that no longer exhibit characteristics | 52252 |
| meeting the criteria for listing or characterization as reactive | 52253 |
| or explosive wastes, or for listing as acute hazardous waste, but | 52254 |
| still are required to carry those waste codes as established in | 52255 |
| rules adopted under section 3734.12 of the Revised Code because of | 52256 |
| the requirements established in 40 C.F.R. 261(a) and (e), as | 52257 |
| amended, that is, the "mixture," "derived-from," or "contained-in" | 52258 |
| regulations. | 52259 |
| (4) A written request for a modification from the permittee | 52260 |
| shall be submitted to the director and shall contain such | 52261 |
| information as is necessary to support the request. Requests for | 52262 |
| modifications shall be acted upon by the director in accordance | 52263 |
| with this section and rules adopted under it. | 52264 |
| (5) Class 1 modification applications that require prior | 52265 |
| approval of the director, as provided in division (I)(1) of this | 52266 |
| section or as determined in accordance with rules adopted under | 52267 |
| division (K) of this section, Class 2 modification applications, | 52268 |
| and Class 3 modification applications that are not described in | 52269 |
| divisions (I)(3)(a) to (d) of this section shall be approved or | 52270 |
| disapproved by the director in accordance with rules adopted under | 52271 |
| division (K) of this section. The board of county commissioners of | 52272 |
| the county, the board of township trustees of the township, and | 52273 |
| the city manager or mayor of the municipal corporation in which a | 52274 |
| hazardous waste facility is located shall receive notification of | 52275 |
| any application for a modification for that facility and shall be | 52276 |
| considered as interested persons with respect to the director's | 52277 |
| consideration of the application. | 52278 |
| | 52279 |
| 52280 | |
| 52281 | |
| 52282 | |
| 52283 | |
| 52284 | |
| 52285 | |
| 52286 | |
| 52287 | |
| 52288 | |
| 52289 | |
| 52290 | |
| 52291 | |
| 52292 | |
| 52293 | |
| 52294 | |
| 52295 | |
| 52296 | |
| 52297 | |
| 52298 | |
| 52299 |
| | 52300 |
| | 52301 |
| 52302 |
| | 52303 |
| 52304 |
| The director shall approve or disapprove an application for a | 52305 |
| Class 1 modification that requires the director's approval within | 52306 |
| sixty days after receiving the request for modification. The | 52307 |
| director shall approve or disapprove an application for a Class 2 | 52308 |
| modification within three hundred days after receiving the request | 52309 |
| for modification. The director shall approve or disapprove an | 52310 |
| application for a Class 3 modification within three hundred | 52311 |
| sixty-five days after receiving the request for modification. | 52312 |
| (6) The approval or disapproval by the director of a Class 1 | 52313 |
| modification application is not a final action that is appealable | 52314 |
| under Chapter 3745. of the Revised Code. The approval or | 52315 |
| disapproval by the director of a Class 2 modification or a Class 3 | 52316 |
| modification is a final action that is appealable under that | 52317 |
| chapter. In approving or disapproving a request for a | 52318 |
| modification, the director shall consider all comments pertaining | 52319 |
| to the request that are received during the public comment period | 52320 |
| and the public meetings. The administrative record for appeal of a | 52321 |
| final action by the director in approving or disapproving a | 52322 |
| request for a modification shall include all comments received | 52323 |
| during the public comment period relating to the request for | 52324 |
| modification, written materials submitted at the public meetings | 52325 |
| relating to the request, and any other documents related to the | 52326 |
| director's action. | 52327 |
| (7) Notwithstanding any other provision of law to the | 52328 |
| contrary, a change or alteration to a hazardous waste facility | 52329 |
| described in division (E)(3)(a) or (b) of section 3734.02 of the | 52330 |
| Revised Code, or its operations, is a modification for the | 52331 |
| purposes of this section. An application for a modification at | 52332 |
| such a facility shall be submitted, classified, and approved or | 52333 |
| disapproved in accordance with divisions (I)(1) to (6) of this | 52334 |
| section in the same manner as a modification to a hazardous waste | 52335 |
| facility installation and operation permit. | 52336 |
| (J)(1) Except as provided in division (J)(2) of this section, | 52337 |
| an owner or operator of a hazardous waste facility that is | 52338 |
| operating in accordance with a permit by rule under rules adopted | 52339 |
| by the director under division (E)(3)(b) of section 3734.02 of the | 52340 |
| Revised Code shall submit either a hazardous waste facility | 52341 |
| installation and operation permit application for the facility or | 52342 |
| a modification application, whichever is required under division | 52343 |
| (J)(1)(a) or (b) of this section, within one hundred eighty days | 52344 |
| after the director has requested the application or upon a later | 52345 |
| date if the owner or operator demonstrates to the director good | 52346 |
| cause for the late submittal. | 52347 |
| (a) If the owner or operator does not have a hazardous waste | 52348 |
| facility installation and operation permit for any hazardous waste | 52349 |
| treatment, storage, or disposal activities at the facility, the | 52350 |
| owner or operator shall submit an application for such a permit to | 52351 |
| the director for the activities authorized by the permit by rule. | 52352 |
| Notwithstanding any other provision of law to the contrary, the | 52353 |
| director shall approve or disapprove the application for the | 52354 |
| permit in accordance with the procedures governing the approval or | 52355 |
| disapproval of permit renewals under division (H) of this section. | 52356 |
| (b) If the owner or operator has a hazardous waste facility | 52357 |
| installation and operation permit for hazardous waste treatment, | 52358 |
| storage, or disposal activities at the facility other than those | 52359 |
| authorized by the permit by rule, the owner or operator shall | 52360 |
| submit to the director a request for modification in accordance | 52361 |
| with division (I) of this section. Notwithstanding any other | 52362 |
| provision of law to the contrary, the director shall approve or | 52363 |
| disapprove the modification application in accordance with | 52364 |
| division (I)(5) of this section. | 52365 |
| (2) The owner or operator of a boiler or industrial furnace | 52366 |
| that is conducting thermal treatment activities in accordance with | 52367 |
| a permit by rule under rules adopted by the director under | 52368 |
| division (E)(3)(b) of section 3734.02 of the Revised Code shall | 52369 |
| submit a hazardous waste facility installation and operation | 52370 |
| permit application if the owner or operator does not have such a | 52371 |
| permit for any hazardous waste treatment, storage, or disposal | 52372 |
| activities at the facility or, if the owner or operator has such a | 52373 |
| permit for hazardous waste treatment, storage, or disposal | 52374 |
| activities at the facility other than thermal treatment activities | 52375 |
| authorized by the permit by rule, a modification application to | 52376 |
| add those activities authorized by the permit by rule, whichever | 52377 |
| is applicable, within one hundred eighty days after the director | 52378 |
| has requested the submission of the application or upon a later | 52379 |
| date if the owner or operator demonstrates to the director good | 52380 |
| cause for the late submittal. The application shall be accompanied | 52381 |
| by information necessary to support the request. The director | 52382 |
| shall approve or disapprove an application for a hazardous waste | 52383 |
| facility installation and operation permit in accordance with | 52384 |
| division (D) of this section and approve or disapprove an | 52385 |
| application for a modification in accordance with division (I)(3) | 52386 |
| of this section, except that the director shall not disapprove an | 52387 |
| application for the thermal treatment activities on the basis of | 52388 |
| the criteria set forth in division (D)(2)(g) or (h) of this | 52389 |
| section. | 52390 |
| (3) As used in division (J) of this section: | 52391 |
| (a) "Modification application" means a request for a | 52392 |
| modification submitted in accordance with division (I) of this | 52393 |
| section. | 52394 |
| (b) "Thermal treatment," "boiler," and "industrial furnace" | 52395 |
| have the same meanings as in rules adopted under section 3734.12 | 52396 |
| of the Revised Code. | 52397 |
| (K) The director shall adopt, and may amend, suspend, or | 52398 |
| rescind, rules in accordance with Chapter 119. of the Revised Code | 52399 |
| in order to implement divisions (H) and (I) of this section. | 52400 |
| Except when in actual conflict with this section, rules governing | 52401 |
| the classification of and procedures for the modification of | 52402 |
| hazardous waste facility installation and operation permits shall | 52403 |
| be substantively and procedurally identical to the regulations | 52404 |
| governing hazardous waste facility permitting and permit | 52405 |
| modifications adopted under the "Resource Conservation and | 52406 |
| Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as | 52407 |
| amended. | 52408 |
| Sec. 3734.28. | 52409 |
| 3734.282 of the Revised Code, moneys collected under sections | 52410 |
| 3734.122, 3734.13, 3734.20, 3734.22, 3734.24, and 3734.26 of the | 52411 |
|
Revised
Code and | 52412 |
| under the "Comprehensive Environmental Response, Compensation, and | 52413 |
| Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as | 52414 |
| amended, shall be paid into the state treasury to the credit of | 52415 |
| the hazardous waste clean-up fund, which is hereby created. In | 52416 |
| addition, any moneys recovered for costs paid from the fund for | 52417 |
|
activities described in | 52418 |
| section 3745.12 of the Revised Code shall be credited to the fund. | 52419 |
| The environmental protection agency shall use the moneys in the | 52420 |
| fund for the purposes set forth in division (D) of section | 52421 |
| 3734.122, sections 3734.19, 3734.20, 3734.21, 3734.23, 3734.25, | 52422 |
|
3734.26,
and
3734.27, | 52423 |
| (A)(1) and (2) of section 3745.12, and Chapter 3746. of the | 52424 |
| Revised Code, including any related enforcement expenses. In | 52425 |
| addition, the agency shall use the moneys in the fund to pay the | 52426 |
| state's long-term operation and maintenance costs or matching | 52427 |
| share for actions taken under the "Comprehensive Environmental | 52428 |
| Response, Compensation, and Liability Act of 1980," as amended. If | 52429 |
| those moneys are reimbursed by grants or other moneys from the | 52430 |
| United States or any other person, the moneys shall be placed in | 52431 |
| the fund and not in the general revenue fund. | 52432 |
| The director of environmental protection may enter into | 52433 |
| contracts and grant agreements with federal, state, or local | 52434 |
| government agencies, nonprofit organizations, and colleges and | 52435 |
| universities for the purpose of carrying out the responsibilities | 52436 |
| of the environmental protection agency for which money may be | 52437 |
| expended from the fund. | 52438 |
| Sec. 3734.281. | 52439 |
| 52440 | |
| 52441 | |
| provided in section 3734.282 of the Revised Code, moneys collected | 52442 |
|
from
judgements for the state or settlements | 52443 |
| director of environmental protection, including those associated | 52444 |
| with bankruptcies, related to actions brought under Chapter 3714. | 52445 |
| and section 3734.13, 3734.20, 3734.22, 6111.03, or 6111.04 of the | 52446 |
|
Revised Code; and | 52447 |
| Environmental Response, Compensation, and Liability Act of 1980," | 52448 |
|
94 Stat.
2767, 42 U.S.C.
| 52449 |
| paid into the state treasury to the credit of the environmental | 52450 |
| protection remediation fund, which is hereby created. The | 52451 |
| environmental protection agency shall use the moneys in the fund | 52452 |
| only for the purpose of remediating conditions at a hazardous | 52453 |
| waste facility, a solid waste facility, a construction and | 52454 |
| demolition debris facility licensed under Chapter 3714. of the | 52455 |
| Revised Code, or another location at which the director has reason | 52456 |
| to believe there is a substantial threat to public health or | 52457 |
| safety or the environment. Remediation may include the direct and | 52458 |
| indirect costs associated with the overseeing, supervising, | 52459 |
| performing, verifying, or reviewing of remediation activities by | 52460 |
| agency employees. All investment earnings of the fund shall be | 52461 |
| credited to the fund. | 52462 |
| The director of environmental protection may enter into | 52463 |
| contracts and grant agreements with federal, state, or local | 52464 |
| government agencies, nonprofit organizations, and colleges and | 52465 |
| universities for the purpose of carrying out the responsibilities | 52466 |
| of the environmental protection agency for which money may be | 52467 |
| expended from the fund. | 52468 |
| Sec. 3734.282. All money collected by the state for natural | 52469 |
| resources damages under the "Comprehensive Environmental Response, | 52470 |
| Compensation, and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C. | 52471 |
| 9601 et seq., as amended, the "Oil Pollution Act of 1990," 104 | 52472 |
| Stat. 484, 33 U.S.C. 2701 et seq., as amended, the "Clean Water | 52473 |
| Act," 86 Stat. 862, 33 U.S.C. 1321, as amended, or any other | 52474 |
| applicable federal or state law shall be paid into the state | 52475 |
| treasury to the credit of the natural resource damages fund, which | 52476 |
| is hereby created. The director of environmental protection shall | 52477 |
| use money in the fund only in accordance with the purposes of and | 52478 |
| the limitations on natural resources damages set forth in the | 52479 |
| "Comprehensive Environmental Response, Compensation, and Liability | 52480 |
| Act of 1980," as amended, the "Oil Pollution Act of 1990," as | 52481 |
| amended, the "Clean Water Act," as amended, or another applicable | 52482 |
| federal or state law. All investment earnings of the fund shall be | 52483 |
| credited to the fund. | 52484 |
| The director of environmental protection may enter into | 52485 |
| contracts and grant agreements with federal, state, or local | 52486 |
| government agencies, nonprofit organizations, and colleges and | 52487 |
| universities for the purpose of carrying out the director's | 52488 |
| responsibilities for which money may be expended from the fund. | 52489 |
| Sec. 3734.57. (A) The following fees are hereby levied on | 52490 |
| the transfer or disposal of solid wastes in this state: | 52491 |
| (1) One dollar per ton on and after July 1, 2003, through | 52492 |
|
June 30, | 52493 |
| deposited in the state treasury to the credit of the hazardous | 52494 |
| waste facility management fund created in section 3734.18 of the | 52495 |
| Revised Code and one-half of the proceeds of which shall be | 52496 |
| deposited in the state treasury to the credit of the hazardous | 52497 |
| waste clean-up fund created in section 3734.28 of the Revised | 52498 |
| Code; | 52499 |
| (2) An additional one dollar per ton on and after July 1, | 52500 |
|
2003, through June 30,
| 52501 |
| deposited in the state treasury to the credit of the solid waste | 52502 |
| fund, which is hereby created. The environmental protection agency | 52503 |
| shall use money in the solid waste fund to pay the costs of | 52504 |
| administering and enforcing the laws pertaining to solid wastes, | 52505 |
| infectious wastes, and construction and demolition debris, | 52506 |
| including, without limitation, ground water evaluations related to | 52507 |
| solid wastes, infectious wastes, and construction and demolition | 52508 |
| debris, under this chapter and Chapter 3714. of the Revised Code | 52509 |
| and any rules adopted under them, providing compliance assistance | 52510 |
| to small businesses, and paying a share of the administrative | 52511 |
| costs of the environmental protection agency pursuant to section | 52512 |
| 3745.014 of the Revised Code. | 52513 |
| (3) An additional one dollar and fifty cents per ton on and | 52514 |
|
after July 1, 2005, through June 30, | 52515 |
| which shall be deposited in the state treasury to the credit of | 52516 |
| the environmental protection fund created in section 3745.015 of | 52517 |
| the Revised Code; | 52518 |
| (4) An additional one dollar per ton on and after August 1, | 52519 |
| 2009, through June 30, 2012, the proceeds of which shall be | 52520 |
| deposited in the state treasury to the credit of the environmental | 52521 |
| protection fund; | 52522 |
| (5) An additional twenty-five cents per ton on and after | 52523 |
| August 1, 2009, through June 30, 2012, the proceeds of which | 52524 |
| shall be deposited in the state treasury to the credit of the | 52525 |
| soil and water conservation district assistance fund created in | 52526 |
| section 1515.14 of the Revised Code. | 52527 |
| In the case of solid wastes that are taken to a solid waste | 52528 |
| transfer facility located in this state prior to being transported | 52529 |
| for disposal at a solid waste disposal facility located in this | 52530 |
| state or outside of this state, the fees levied under this | 52531 |
| division shall be collected by the owner or operator of the | 52532 |
| transfer facility as a trustee for the state. The amount of fees | 52533 |
| required to be collected under this division at such a transfer | 52534 |
| facility shall equal the total tonnage of solid wastes received at | 52535 |
| the facility multiplied by the fees levied under this division. In | 52536 |
| the case of solid wastes that are not taken to a solid waste | 52537 |
| transfer facility located in this state prior to being transported | 52538 |
| to a solid waste disposal facility, the fees shall be collected by | 52539 |
| the owner or operator of the solid waste disposal facility as a | 52540 |
| trustee for the state. The amount of fees required to be collected | 52541 |
| under this division at such a disposal facility shall equal the | 52542 |
| total tonnage of solid wastes received at the facility that was | 52543 |
| not previously taken to a solid waste transfer facility located in | 52544 |
| this state multiplied by the fees levied under this division. Fees | 52545 |
| levied under this division do not apply to materials separated | 52546 |
| from a mixed waste stream for recycling by a generator or | 52547 |
| materials removed from the solid waste stream through recycling, | 52548 |
| as "recycling" is defined in rules adopted under section 3734.02 | 52549 |
| of the Revised Code. | 52550 |
| The owner or operator of a solid waste transfer facility or | 52551 |
| disposal facility, as applicable, shall prepare and file with the | 52552 |
| director of environmental protection each month a return | 52553 |
| indicating the total tonnage of solid wastes received at the | 52554 |
| facility during that month and the total amount of the fees | 52555 |
| required to be collected under this division during that month. In | 52556 |
| addition, the owner or operator of a solid waste disposal facility | 52557 |
| shall indicate on the return the total tonnage of solid wastes | 52558 |
| received from transfer facilities located in this state during | 52559 |
| that month for which the fees were required to be collected by the | 52560 |
| transfer facilities. The monthly returns shall be filed on a form | 52561 |
| prescribed by the director. Not later than thirty days after the | 52562 |
| last day of the month to which a return applies, the owner or | 52563 |
| operator shall mail to the director the return for that month | 52564 |
| together with the fees required to be collected under this | 52565 |
| division during that month as indicated on the return or may | 52566 |
| submit the return and fees electronically in a manner approved by | 52567 |
| the director. If the return is filed and the amount of the fees | 52568 |
| due is paid in a timely manner as required in this division, the | 52569 |
| owner or operator may retain a discount of three-fourths of one | 52570 |
| per cent of the total amount of the fees that are required to be | 52571 |
| paid as indicated on the return. | 52572 |
| The owner or operator may request an extension of not more | 52573 |
| than thirty days for filing the return and remitting the fees, | 52574 |
| provided that the owner or operator has submitted such a request | 52575 |
| in writing to the director together with a detailed description of | 52576 |
| why the extension is requested, the director has received the | 52577 |
| request not later than the day on which the return is required to | 52578 |
| be filed, and the director has approved the request. If the fees | 52579 |
| are not remitted within thirty days after the last day of the | 52580 |
| month to which the return applies or are not remitted by the last | 52581 |
| day of an extension approved by the director, the owner or | 52582 |
| operator shall not retain the three-fourths of one per cent | 52583 |
| discount and shall pay an additional ten per cent of the amount of | 52584 |
| the fees for each month that they are late. For purposes of | 52585 |
| calculating the late fee, the first month in which fees are late | 52586 |
| begins on the first day after the deadline has passed for timely | 52587 |
| submitting the return and fees, and one additional month shall be | 52588 |
| counted every thirty days thereafter. | 52589 |
| The owner or operator of a solid waste facility may request a | 52590 |
| refund or credit of fees levied under this division and remitted | 52591 |
| to the director that have not been paid to the owner or operator. | 52592 |
| Such a request shall be made only if the fees have not been | 52593 |
| collected by the owner or operator, have become a debt that has | 52594 |
| become worthless or uncollectable for a period of six months or | 52595 |
| more, and may be claimed as a deduction, including a deduction | 52596 |
| claimed if the owner or operator keeps accounts on an accrual | 52597 |
| basis, under the "Internal Revenue Code of 1954," 68A Stat. 50, 26 | 52598 |
| U.S.C. 166, as amended, and regulations adopted under it. Prior to | 52599 |
| making a request for a refund or credit, an owner or operator | 52600 |
| shall make reasonable efforts to collect the applicable fees. A | 52601 |
| request for a refund or credit shall not include any costs | 52602 |
| resulting from those efforts to collect unpaid fees. | 52603 |
| A request for a refund or credit of fees shall be made in | 52604 |
| writing, on a form prescribed by the director, and shall be | 52605 |
| supported by evidence that may be required in rules adopted by the | 52606 |
| director under this chapter. After reviewing the request, and if | 52607 |
| the request and evidence submitted with the request indicate that | 52608 |
| a refund or credit is warranted, the director shall grant a refund | 52609 |
| to the owner or operator or shall permit a credit to be taken by | 52610 |
| the owner or operator on a subsequent monthly return submitted by | 52611 |
| the owner or operator. The amount of a refund or credit shall not | 52612 |
| exceed an amount that is equal to ninety days' worth of fees owed | 52613 |
| to an owner or operator by a particular debtor of the owner or | 52614 |
| operator. A refund or credit shall not be granted by the director | 52615 |
| to an owner or operator more than once in any twelve-month period | 52616 |
| for fees owed to the owner or operator by a particular debtor. | 52617 |
| If, after receiving a refund or credit from the director, an | 52618 |
| owner or operator receives payment of all or part of the fees, the | 52619 |
| owner or operator shall remit the fees with the next monthly | 52620 |
| return submitted to the director together with a written | 52621 |
| explanation of the reason for the submittal. | 52622 |
| For purposes of computing the fees levied under this division | 52623 |
| or division (B) of this section, any solid waste transfer or | 52624 |
| disposal facility that does not use scales as a means of | 52625 |
| determining gate receipts shall use a conversion factor of three | 52626 |
| cubic yards per ton of solid waste or one cubic yard per ton for | 52627 |
| baled waste, as applicable. | 52628 |
| The fees levied under this division and divisions (B) and (C) | 52629 |
| of this section are in addition to all other applicable fees and | 52630 |
| taxes and shall be paid by the customer or a political subdivision | 52631 |
| to the owner or operator of a solid waste transfer or disposal | 52632 |
| facility. In the alternative, the fees shall be paid by a customer | 52633 |
| or political subdivision to a transporter of waste who | 52634 |
| subsequently transfers the fees to the owner or operator of such a | 52635 |
| facility. The fees shall be paid notwithstanding the existence of | 52636 |
| any provision in a contract that the customer or a political | 52637 |
| subdivision may have with the owner or operator or with a | 52638 |
| transporter of waste to the facility that would not require or | 52639 |
| allow such payment regardless of whether the contract was entered | 52640 |
| prior to or after the effective date of this amendment. For those | 52641 |
| purposes, "customer" means a person who contracts with, or | 52642 |
| utilizes the solid waste services of, the owner or operator of a | 52643 |
| solid waste transfer or disposal facility or a transporter of | 52644 |
| solid waste to such a facility. | 52645 |
| (B) For the purposes specified in division (G) of this | 52646 |
| section, the solid waste management policy committee of a county | 52647 |
| or joint solid waste management district may levy fees upon the | 52648 |
| following activities: | 52649 |
| (1) The disposal at a solid waste disposal facility located | 52650 |
| in the district of solid wastes generated within the district; | 52651 |
| (2) The disposal at a solid waste disposal facility within | 52652 |
| the district of solid wastes generated outside the boundaries of | 52653 |
| the district, but inside this state; | 52654 |
| (3) The disposal at a solid waste disposal facility within | 52655 |
| the district of solid wastes generated outside the boundaries of | 52656 |
| this state. | 52657 |
| The solid waste management plan of the county or joint | 52658 |
| district approved under section 3734.521 or 3734.55 of the Revised | 52659 |
| Code and any amendments to it, or the resolution adopted under | 52660 |
| this division, as appropriate, shall establish the rates of the | 52661 |
| fees levied under divisions (B)(1), (2), and (3) of this section, | 52662 |
| if any, and shall specify whether the fees are levied on the basis | 52663 |
| of tons or cubic yards as the unit of measurement. A solid waste | 52664 |
| management district that levies fees under this division on the | 52665 |
| basis of cubic yards shall do so in accordance with division (A) | 52666 |
| of this section. | 52667 |
| The fee levied under division (B)(1) of this section shall be | 52668 |
| not less than one dollar per ton nor more than two dollars per | 52669 |
| ton, the fee levied under division (B)(2) of this section shall be | 52670 |
| not less than two dollars per ton nor more than four dollars per | 52671 |
| ton, and the fee levied under division (B)(3) of this section | 52672 |
| shall be not more than the fee levied under division (B)(1) of | 52673 |
| this section. | 52674 |
| Prior to the approval of the solid waste management plan of a | 52675 |
| district under section 3734.55 of the Revised Code, the solid | 52676 |
| waste management policy committee of a district may levy fees | 52677 |
| under this division by adopting a resolution establishing the | 52678 |
| proposed amount of the fees. Upon adopting the resolution, the | 52679 |
| committee shall deliver a copy of the resolution to the board of | 52680 |
| county commissioners of each county forming the district and to | 52681 |
| the legislative authority of each municipal corporation and | 52682 |
| township under the jurisdiction of the district and shall prepare | 52683 |
| and publish the resolution and a notice of the time and location | 52684 |
| where a public hearing on the fees will be held. Upon adopting the | 52685 |
| resolution, the committee shall deliver written notice of the | 52686 |
| adoption of the resolution; of the amount of the proposed fees; | 52687 |
| and of the date, time, and location of the public hearing to the | 52688 |
| director and to the fifty industrial, commercial, or institutional | 52689 |
| generators of solid wastes within the district that generate the | 52690 |
| largest quantities of solid wastes, as determined by the | 52691 |
| committee, and to their local trade associations. The committee | 52692 |
| shall make good faith efforts to identify those generators within | 52693 |
| the district and their local trade associations, but the | 52694 |
| nonprovision of notice under this division to a particular | 52695 |
| generator or local trade association does not invalidate the | 52696 |
| proceedings under this division. The publication shall occur at | 52697 |
| least thirty days before the hearing. After the hearing, the | 52698 |
| committee may make such revisions to the proposed fees as it | 52699 |
| considers appropriate and thereafter, by resolution, shall adopt | 52700 |
| the revised fee schedule. Upon adopting the revised fee schedule, | 52701 |
| the committee shall deliver a copy of the resolution doing so to | 52702 |
| the board of county commissioners of each county forming the | 52703 |
| district and to the legislative authority of each municipal | 52704 |
| corporation and township under the jurisdiction of the district. | 52705 |
| Within sixty days after the delivery of a copy of the resolution | 52706 |
| adopting the proposed revised fees by the policy committee, each | 52707 |
| such board and legislative authority, by ordinance or resolution, | 52708 |
| shall approve or disapprove the revised fees and deliver a copy of | 52709 |
| the ordinance or resolution to the committee. If any such board or | 52710 |
| legislative authority fails to adopt and deliver to the policy | 52711 |
| committee an ordinance or resolution approving or disapproving the | 52712 |
| revised fees within sixty days after the policy committee | 52713 |
| delivered its resolution adopting the proposed revised fees, it | 52714 |
| shall be conclusively presumed that the board or legislative | 52715 |
| authority has approved the proposed revised fees. The committee | 52716 |
| shall determine if the resolution has been ratified in the same | 52717 |
| manner in which it determines if a draft solid waste management | 52718 |
| plan has been ratified under division (B) of section 3734.55 of | 52719 |
| the Revised Code. | 52720 |
| The committee may amend the schedule of fees levied pursuant | 52721 |
| to a resolution adopted and ratified under this division by | 52722 |
| adopting a resolution establishing the proposed amount of the | 52723 |
| amended fees. The committee may repeal the fees levied pursuant to | 52724 |
| such a resolution by adopting a resolution proposing to repeal | 52725 |
| them. Upon adopting such a resolution, the committee shall proceed | 52726 |
| to obtain ratification of the resolution in accordance with this | 52727 |
| division. | 52728 |
| Not later than fourteen days after declaring the new fees to | 52729 |
| be ratified or the fees to be repealed under this division, the | 52730 |
| committee shall notify by certified mail the owner or operator of | 52731 |
| each solid waste disposal facility that is required to collect the | 52732 |
| fees of the ratification and the amount of the fees or of the | 52733 |
| repeal of the fees. Collection of any fees shall commence or | 52734 |
| collection of repealed fees shall cease on the first day of the | 52735 |
| second month following the month in which notification is sent to | 52736 |
| the owner or operator. | 52737 |
| Fees levied under this division also may be established, | 52738 |
| amended, or repealed by a solid waste management policy committee | 52739 |
| through the adoption of a new district solid waste management | 52740 |
| plan, the adoption of an amended plan, or the amendment of the | 52741 |
| plan or amended plan in accordance with sections 3734.55 and | 52742 |
| 3734.56 of the Revised Code or the adoption or amendment of a | 52743 |
| district plan in connection with a change in district composition | 52744 |
| under section 3734.521 of the Revised Code. | 52745 |
| Not later than fourteen days after the director issues an | 52746 |
| order approving a district's solid waste management plan, amended | 52747 |
| plan, or amendment to a plan or amended plan that establishes, | 52748 |
| amends, or repeals a schedule of fees levied by the district, the | 52749 |
| committee shall notify by certified mail the owner or operator of | 52750 |
| each solid waste disposal facility that is required to collect the | 52751 |
| fees of the approval of the plan or amended plan, or the amendment | 52752 |
| to the plan, as appropriate, and the amount of the fees, if any. | 52753 |
| In the case of an initial or amended plan approved under section | 52754 |
| 3734.521 of the Revised Code in connection with a change in | 52755 |
| district composition, other than one involving the withdrawal of a | 52756 |
| county from a joint district, the committee, within fourteen days | 52757 |
| after the change takes effect pursuant to division (G) of that | 52758 |
| section, shall notify by certified mail the owner or operator of | 52759 |
| each solid waste disposal facility that is required to collect the | 52760 |
| fees that the change has taken effect and of the amount of the | 52761 |
| fees, if any. Collection of any fees shall commence or collection | 52762 |
| of repealed fees shall cease on the first day of the second month | 52763 |
| following the month in which notification is sent to the owner or | 52764 |
| operator. | 52765 |
| If, in the case of a change in district composition involving | 52766 |
| the withdrawal of a county from a joint district, the director | 52767 |
| completes the actions required under division (G)(1) or (3) of | 52768 |
| section 3734.521 of the Revised Code, as appropriate, forty-five | 52769 |
| days or more before the beginning of a calendar year, the policy | 52770 |
| committee of each of the districts resulting from the change that | 52771 |
| obtained the director's approval of an initial or amended plan in | 52772 |
| connection with the change, within fourteen days after the | 52773 |
| director's completion of the required actions, shall notify by | 52774 |
| certified mail the owner or operator of each solid waste disposal | 52775 |
| facility that is required to collect the district's fees that the | 52776 |
| change is to take effect on the first day of January immediately | 52777 |
| following the issuance of the notice and of the amount of the fees | 52778 |
| or amended fees levied under divisions (B)(1) to (3) of this | 52779 |
| section pursuant to the district's initial or amended plan as so | 52780 |
| approved or, if appropriate, the repeal of the district's fees by | 52781 |
| that initial or amended plan. Collection of any fees set forth in | 52782 |
| such a plan or amended plan shall commence on the first day of | 52783 |
| January immediately following the issuance of the notice. If such | 52784 |
| an initial or amended plan repeals a schedule of fees, collection | 52785 |
| of the fees shall cease on that first day of January. | 52786 |
| If, in the case of a change in district composition involving | 52787 |
| the withdrawal of a county from a joint district, the director | 52788 |
| completes the actions required under division (G)(1) or (3) of | 52789 |
| section 3734.521 of the Revised Code, as appropriate, less than | 52790 |
| forty-five days before the beginning of a calendar year, the | 52791 |
| director, on behalf of each of the districts resulting from the | 52792 |
| change that obtained the director's approval of an initial or | 52793 |
| amended plan in connection with the change proceedings, shall | 52794 |
| notify by certified mail the owner or operator of each solid waste | 52795 |
| disposal facility that is required to collect the district's fees | 52796 |
| that the change is to take effect on the first day of January | 52797 |
| immediately following the mailing of the notice and of the amount | 52798 |
| of the fees or amended fees levied under divisions (B)(1) to (3) | 52799 |
| of this section pursuant to the district's initial or amended plan | 52800 |
| as so approved or, if appropriate, the repeal of the district's | 52801 |
| fees by that initial or amended plan. Collection of any fees set | 52802 |
| forth in such a plan or amended plan shall commence on the first | 52803 |
| day of the second month following the month in which notification | 52804 |
| is sent to the owner or operator. If such an initial or amended | 52805 |
| plan repeals a schedule of fees, collection of the fees shall | 52806 |
| cease on the first day of the second month following the month in | 52807 |
| which notification is sent to the owner or operator. | 52808 |
| If the schedule of fees that a solid waste management | 52809 |
| district is levying under divisions (B)(1) to (3) of this section | 52810 |
| is amended or repealed, the fees in effect immediately prior to | 52811 |
| the amendment or repeal shall continue to be collected until | 52812 |
| collection of the amended fees commences or collection of the | 52813 |
| repealed fees ceases, as applicable, as specified in this | 52814 |
| division. In the case of a change in district composition, money | 52815 |
| so received from the collection of the fees of the former | 52816 |
| districts shall be divided among the resulting districts in | 52817 |
| accordance with division (B) of section 343.012 of the Revised | 52818 |
| Code and the agreements entered into under division (B) of section | 52819 |
| 343.01 of the Revised Code to establish the former and resulting | 52820 |
| districts and any amendments to those agreements. | 52821 |
| For the purposes of the provisions of division (B) of this | 52822 |
| section establishing the times when newly established or amended | 52823 |
| fees levied by a district are required to commence and the | 52824 |
| collection of fees that have been amended or repealed is required | 52825 |
| to cease, "fees" or "schedule of fees" includes, in addition to | 52826 |
| fees levied under divisions (B)(1) to (3) of this section, those | 52827 |
| levied under section 3734.573 or 3734.574 of the Revised Code. | 52828 |
| (C) For the purposes of defraying the added costs to a | 52829 |
| municipal corporation or township of maintaining roads and other | 52830 |
| public facilities and of providing emergency and other public | 52831 |
| services, and compensating a municipal corporation or township for | 52832 |
| reductions in real property tax revenues due to reductions in real | 52833 |
| property valuations resulting from the location and operation of a | 52834 |
| solid waste disposal facility within the municipal corporation or | 52835 |
| township, a municipal corporation or township in which such a | 52836 |
| solid waste disposal facility is located may levy a fee of not | 52837 |
| more than twenty-five cents per ton on the disposal of solid | 52838 |
| wastes at a solid waste disposal facility located within the | 52839 |
| boundaries of the municipal corporation or township regardless of | 52840 |
| where the wastes were generated. | 52841 |
| The legislative authority of a municipal corporation or | 52842 |
| township may levy fees under this division by enacting an | 52843 |
| ordinance or adopting a resolution establishing the amount of the | 52844 |
| fees. Upon so doing the legislative authority shall mail a | 52845 |
| certified copy of the ordinance or resolution to the board of | 52846 |
| county commissioners or directors of the county or joint solid | 52847 |
| waste management district in which the municipal corporation or | 52848 |
| township is located or, if a regional solid waste management | 52849 |
| authority has been formed under section 343.011 of the Revised | 52850 |
| Code, to the board of trustees of that regional authority, the | 52851 |
| owner or operator of each solid waste disposal facility in the | 52852 |
| municipal corporation or township that is required to collect the | 52853 |
| fee by the ordinance or resolution, and the director of | 52854 |
| environmental protection. Although the fees levied under this | 52855 |
| division are levied on the basis of tons as the unit of | 52856 |
| measurement, the legislative authority, in its ordinance or | 52857 |
| resolution levying the fees under this division, may direct that | 52858 |
| the fees be levied on the basis of cubic yards as the unit of | 52859 |
| measurement based upon a conversion factor of three cubic yards | 52860 |
| per ton generally or one cubic yard per ton for baled wastes. | 52861 |
| Not later than five days after enacting an ordinance or | 52862 |
| adopting a resolution under this division, the legislative | 52863 |
| authority shall so notify by certified mail the owner or operator | 52864 |
| of each solid waste disposal facility that is required to collect | 52865 |
| the fee. Collection of any fee levied on or after March 24, 1992, | 52866 |
| shall commence on the first day of the second month following the | 52867 |
| month in which notification is sent to the owner or operator. | 52868 |
| (D)(1) The fees levied under divisions (A), (B), and (C) of | 52869 |
| this section do not apply to the disposal of solid wastes that: | 52870 |
| (a) Are disposed of at a facility owned by the generator of | 52871 |
| the wastes when the solid waste facility exclusively disposes of | 52872 |
| solid wastes generated at one or more premises owned by the | 52873 |
| generator regardless of whether the facility is located on a | 52874 |
| premises where the wastes are generated; | 52875 |
| (b) Are disposed of at facilities that exclusively dispose of | 52876 |
| wastes that are generated from the combustion of coal, or from the | 52877 |
| combustion of primarily coal in combination with scrap tires, that | 52878 |
| is not combined in any way with garbage at one or more premises | 52879 |
| owned by the generator. | 52880 |
| (2) Except as provided in section 3734.571 of the Revised | 52881 |
| Code, any fees levied under division (B)(1) of this section apply | 52882 |
| to solid wastes originating outside the boundaries of a county or | 52883 |
| joint district that are covered by an agreement for the joint use | 52884 |
| of solid waste facilities entered into under section 343.02 of the | 52885 |
| Revised Code by the board of county commissioners or board of | 52886 |
| directors of the county or joint district where the wastes are | 52887 |
| generated and disposed of. | 52888 |
| (3) When solid wastes, other than solid wastes that consist | 52889 |
| of scrap tires, are burned in a disposal facility that is an | 52890 |
| incinerator or energy recovery facility, the fees levied under | 52891 |
| divisions (A), (B), and (C) of this section shall be levied upon | 52892 |
| the disposal of the fly ash and bottom ash remaining after burning | 52893 |
| of the solid wastes and shall be collected by the owner or | 52894 |
| operator of the sanitary landfill where the ash is disposed of. | 52895 |
| (4) When solid wastes are delivered to a solid waste transfer | 52896 |
| facility, the fees levied under divisions (B) and (C) of this | 52897 |
| section shall be levied upon the disposal of solid wastes | 52898 |
| transported off the premises of the transfer facility for disposal | 52899 |
| and shall be collected by the owner or operator of the solid waste | 52900 |
| disposal facility where the wastes are disposed of. | 52901 |
| (5) The fees levied under divisions (A), (B), and (C) of this | 52902 |
| section do not apply to sewage sludge that is generated by a waste | 52903 |
| water treatment facility holding a national pollutant discharge | 52904 |
| elimination system permit and that is disposed of through | 52905 |
| incineration, land application, or composting or at another | 52906 |
| resource recovery or disposal facility that is not a landfill. | 52907 |
| (6) The fees levied under divisions (A), (B), and (C) of this | 52908 |
| section do not apply to solid wastes delivered to a solid waste | 52909 |
| composting facility for processing. When any unprocessed solid | 52910 |
| waste or compost product is transported off the premises of a | 52911 |
| composting facility and disposed of at a landfill, the fees levied | 52912 |
| under divisions (A), (B), and (C) of this section shall be | 52913 |
| collected by the owner or operator of the landfill where the | 52914 |
| unprocessed waste or compost product is disposed of. | 52915 |
| (7) When solid wastes that consist of scrap tires are | 52916 |
| processed at a scrap tire recovery facility, the fees levied under | 52917 |
| divisions (A), (B), and (C) of this section shall be levied upon | 52918 |
| the disposal of the fly ash and bottom ash or other solid wastes | 52919 |
| remaining after the processing of the scrap tires and shall be | 52920 |
| collected by the owner or operator of the solid waste disposal | 52921 |
| facility where the ash or other solid wastes are disposed of. | 52922 |
| (8) The director of environmental protection may issue an | 52923 |
| order exempting from the fees levied under this section solid | 52924 |
| wastes, including, but not limited to, scrap tires, that are | 52925 |
| generated, transferred, or disposed of as a result of a contract | 52926 |
| providing for the expenditure of public funds entered into by the | 52927 |
| administrator or regional administrator of the United States | 52928 |
| environmental protection agency, the director of environmental | 52929 |
| protection, or the director of administrative services on behalf | 52930 |
| of the director of environmental protection for the purpose of | 52931 |
| remediating conditions at a hazardous waste facility, solid waste | 52932 |
| facility, or other location at which the administrator or regional | 52933 |
| administrator or the director of environmental protection has | 52934 |
| reason to believe that there is a substantial threat to public | 52935 |
| health or safety or the environment or that the conditions are | 52936 |
| causing or contributing to air or water pollution or soil | 52937 |
| contamination. An order issued by the director of environmental | 52938 |
| protection under division (D)(8) of this section shall include a | 52939 |
| determination that the amount of the fees not received by a solid | 52940 |
| waste management district as a result of the order will not | 52941 |
| adversely impact the implementation and financing of the | 52942 |
| district's approved solid waste management plan and any approved | 52943 |
| amendments to the plan. Such an order is a final action of the | 52944 |
| director of environmental protection. | 52945 |
| (E) The fees levied under divisions (B) and (C) of this | 52946 |
| section shall be collected by the owner or operator of the solid | 52947 |
| waste disposal facility where the wastes are disposed of as a | 52948 |
| trustee for the county or joint district and municipal corporation | 52949 |
| or township where the wastes are disposed of. Moneys from the fees | 52950 |
| levied under division (B) of this section shall be forwarded to | 52951 |
| the board of county commissioners or board of directors of the | 52952 |
| district in accordance with rules adopted under division (H) of | 52953 |
| this section. Moneys from the fees levied under division (C) of | 52954 |
| this section shall be forwarded to the treasurer or such other | 52955 |
| officer of the municipal corporation as, by virtue of the charter, | 52956 |
| has the duties of the treasurer or to the fiscal officer of the | 52957 |
| township, as appropriate, in accordance with those rules. | 52958 |
| (F) Moneys received by the treasurer or other officer of the | 52959 |
| municipal corporation under division (E) of this section shall be | 52960 |
| paid into the general fund of the municipal corporation. Moneys | 52961 |
| received by the fiscal officer of the township under that division | 52962 |
| shall be paid into the general fund of the township. The treasurer | 52963 |
| or other officer of the municipal corporation or the township | 52964 |
| fiscal officer, as appropriate, shall maintain separate records of | 52965 |
| the moneys received from the fees levied under division (C) of | 52966 |
| this section. | 52967 |
| (G) Moneys received by the board of county commissioners or | 52968 |
| board of directors under division (E) of this section or section | 52969 |
| 3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code | 52970 |
| shall be paid to the county treasurer, or other official acting in | 52971 |
| a similar capacity under a county charter, in a county district or | 52972 |
| to the county treasurer or other official designated by the board | 52973 |
| of directors in a joint district and kept in a separate and | 52974 |
| distinct fund to the credit of the district. If a regional solid | 52975 |
| waste management authority has been formed under section 343.011 | 52976 |
| of the Revised Code, moneys received by the board of trustees of | 52977 |
| that regional authority under division (E) of this section shall | 52978 |
| be kept by the board in a separate and distinct fund to the credit | 52979 |
| of the district. Moneys in the special fund of the county or joint | 52980 |
| district arising from the fees levied under division (B) of this | 52981 |
| section and the fee levied under division (A) of section 3734.573 | 52982 |
| of the Revised Code shall be expended by the board of county | 52983 |
| commissioners or directors of the district in accordance with the | 52984 |
| district's solid waste management plan or amended plan approved | 52985 |
| under section 3734.521, 3734.55, or 3734.56 of the Revised Code | 52986 |
| exclusively for the following purposes: | 52987 |
| (1) Preparation of the solid waste management plan of the | 52988 |
| district under section 3734.54 of the Revised Code, monitoring | 52989 |
| implementation of the plan, and conducting the periodic review and | 52990 |
| amendment of the plan required by section 3734.56 of the Revised | 52991 |
| Code by the solid waste management policy committee; | 52992 |
| (2) Implementation of the approved solid waste management | 52993 |
| plan or amended plan of the district, including, without | 52994 |
| limitation, the development and implementation of solid waste | 52995 |
| recycling or reduction programs; | 52996 |
| (3) Providing financial assistance to boards of health within | 52997 |
| the district, if solid waste facilities are located within the | 52998 |
| district, for enforcement of this chapter and rules, orders, and | 52999 |
| terms and conditions of permits, licenses, and variances adopted | 53000 |
| or issued under it, other than the hazardous waste provisions of | 53001 |
| this chapter and rules adopted and orders and terms and conditions | 53002 |
| of permits issued under those provisions; | 53003 |
| (4) Providing financial assistance to each county within the | 53004 |
| district to defray the added costs of maintaining roads and other | 53005 |
| public facilities and of providing emergency and other public | 53006 |
| services resulting from the location and operation of a solid | 53007 |
| waste facility within the county under the district's approved | 53008 |
| solid waste management plan or amended plan; | 53009 |
| (5) Pursuant to contracts entered into with boards of health | 53010 |
| within the district, if solid waste facilities contained in the | 53011 |
| district's approved plan or amended plan are located within the | 53012 |
| district, for paying the costs incurred by those boards of health | 53013 |
| for collecting and analyzing samples from public or private water | 53014 |
| wells on lands adjacent to those facilities; | 53015 |
| (6) Developing and implementing a program for the inspection | 53016 |
| of solid wastes generated outside the boundaries of this state | 53017 |
| that are disposed of at solid waste facilities included in the | 53018 |
| district's approved solid waste management plan or amended plan; | 53019 |
| (7) Providing financial assistance to boards of health within | 53020 |
| the district for the enforcement of section 3734.03 of the Revised | 53021 |
| Code or to local law enforcement agencies having jurisdiction | 53022 |
| within the district for enforcing anti-littering laws and | 53023 |
| ordinances; | 53024 |
| (8) Providing financial assistance to boards of health of | 53025 |
| health districts within the district that are on the approved list | 53026 |
| under section 3734.08 of the Revised Code to defray the costs to | 53027 |
| the health districts for the participation of their employees | 53028 |
| responsible for enforcement of the solid waste provisions of this | 53029 |
| chapter and rules adopted and orders and terms and conditions of | 53030 |
| permits, licenses, and variances issued under those provisions in | 53031 |
| the training and certification program as required by rules | 53032 |
| adopted under division (L) of section 3734.02 of the Revised Code; | 53033 |
| (9) Providing financial assistance to individual municipal | 53034 |
| corporations and townships within the district to defray their | 53035 |
| added costs of maintaining roads and other public facilities and | 53036 |
| of providing emergency and other public services resulting from | 53037 |
| the location and operation within their boundaries of a | 53038 |
| composting, energy or resource recovery, incineration, or | 53039 |
| recycling facility that either is owned by the district or is | 53040 |
| furnishing solid waste management facility or recycling services | 53041 |
| to the district pursuant to a contract or agreement with the board | 53042 |
| of county commissioners or directors of the district; | 53043 |
| (10) Payment of any expenses that are agreed to, awarded, or | 53044 |
| ordered to be paid under section 3734.35 of the Revised Code and | 53045 |
| of any administrative costs incurred pursuant to that section. In | 53046 |
| the case of a joint solid waste management district, if the board | 53047 |
| of county commissioners of one of the counties in the district is | 53048 |
| negotiating on behalf of affected communities, as defined in that | 53049 |
| section, in that county, the board shall obtain the approval of | 53050 |
| the board of directors of the district in order to expend moneys | 53051 |
| for administrative costs incurred. | 53052 |
| Prior to the approval of the district's solid waste | 53053 |
| management plan under section 3734.55 of the Revised Code, moneys | 53054 |
| in the special fund of the district arising from the fees shall be | 53055 |
| expended for those purposes in the manner prescribed by the solid | 53056 |
| waste management policy committee by resolution. | 53057 |
| Notwithstanding division (G)(6) of this section as it existed | 53058 |
| prior to October 29, 1993, or any provision in a district's solid | 53059 |
| waste management plan prepared in accordance with division | 53060 |
| (B)(2)(e) of section 3734.53 of the Revised Code as it existed | 53061 |
| prior to that date, any moneys arising from the fees levied under | 53062 |
| division (B)(3) of this section prior to January 1, 1994, may be | 53063 |
| expended for any of the purposes authorized in divisions (G)(1) to | 53064 |
| (10) of this section. | 53065 |
| (H) The director shall adopt rules in accordance with Chapter | 53066 |
| 119. of the Revised Code prescribing procedures for collecting and | 53067 |
| forwarding the fees levied under divisions (B) and (C) of this | 53068 |
| section to the boards of county commissioners or directors of | 53069 |
| county or joint solid waste management districts and to the | 53070 |
| treasurers or other officers of municipal corporations and the | 53071 |
| fiscal officers of townships. The rules also shall prescribe the | 53072 |
| dates for forwarding the fees to the boards and officials and may | 53073 |
| prescribe any other requirements the director considers necessary | 53074 |
| or appropriate to implement and administer divisions (A), (B), and | 53075 |
| (C) of this section. | 53076 |
| Sec. 3734.573. (A) For the purposes specified in division | 53077 |
| (G) of section 3734.57 of the Revised Code, the solid waste | 53078 |
| management policy committee of a county or joint solid waste | 53079 |
| management district may levy a fee on the generation of solid | 53080 |
| wastes within the district. | 53081 |
| The initial or amended solid waste management plan of the | 53082 |
| county or joint district approved under section 3734.521, 3734.55, | 53083 |
| or 3734.56 of the Revised Code, an amendment to the district's | 53084 |
| plan adopted under division (E) of section 3734.56 of the Revised | 53085 |
| Code, or the resolution adopted and ratified under division (B) of | 53086 |
| this section shall establish the rate of the fee levied under this | 53087 |
| division and shall specify whether the fee is levied on the basis | 53088 |
| of tons or cubic yards as the unit of measurement. | 53089 |
| (B) Prior to the approval under division (A) of section | 53090 |
| 3734.56 of the Revised Code of the first amended plan that the | 53091 |
| district is required to submit for approval under that section, | 53092 |
| the approval of an initial plan under section 3734.521 of the | 53093 |
| Revised Code, the approval of an amended plan under section | 53094 |
| 3734.521 or division (D) of section 3734.56 of the Revised Code, | 53095 |
| or the amendment of the district's plan under division (E) of | 53096 |
| section 3734.56 of the Revised Code, the solid waste management | 53097 |
| policy committee of a county or joint district that is operating | 53098 |
| under an initial plan approved under section 3734.55 of the | 53099 |
| Revised Code, or one for which approval of its initial plan is | 53100 |
| pending before the director of environmental protection on | 53101 |
| October 29, 1993, under section 3734.55 of the Revised Code, may | 53102 |
| levy a fee under division (A) of this section by adopting and | 53103 |
| obtaining ratification of a resolution establishing the amount of | 53104 |
| the fee. A policy committee that, after December 1, 1993, | 53105 |
| concurrently proposes to levy a fee under division (A) of this | 53106 |
| section and to amend the fees levied by the district under | 53107 |
| divisions (B)(1) to (3) of section 3734.57 of the Revised Code may | 53108 |
| adopt and obtain ratification of one resolution proposing to do | 53109 |
| both. The requirements and procedures set forth in division (B) of | 53110 |
| section 3734.57 of the Revised Code governing the adoption, | 53111 |
| amendment, and repeal of resolutions levying fees under divisions | 53112 |
| (B)(1) to (3) of that section, the ratification of those | 53113 |
| resolutions, and the notification of owners and operators of solid | 53114 |
| waste facilities required to collect fees levied under those | 53115 |
| divisions govern the adoption of the resolutions authorized to be | 53116 |
| adopted under this division, the ratification thereof, and the | 53117 |
| notification of owners and operators required to collect the fees, | 53118 |
| except as otherwise specifically provided in division (C) of this | 53119 |
| section. | 53120 |
| (C) Any initial or amended plan of a district adopted under | 53121 |
| section 3734.521 or 3734.56 of the Revised Code, or resolution | 53122 |
| adopted under division (B) of this section, that proposes to levy | 53123 |
| a fee under division (A) of this section that exceeds five dollars | 53124 |
| per ton shall be ratified in accordance with the provisions of | 53125 |
| section 3734.55 or division (B) of section 3734.57 of the Revised | 53126 |
| Code, as applicable, except that such an initial or amended plan | 53127 |
| or resolution shall be approved by a combination of municipal | 53128 |
| corporations and townships with a combined population within the | 53129 |
| boundaries of the district comprising at least seventy-five per | 53130 |
| cent, rather than at least sixty per cent, of the total population | 53131 |
| of the district. | 53132 |
| (D) The policy committee of a county or joint district may | 53133 |
| amend the fee levied by the district under division (A) of this | 53134 |
| section by adopting and obtaining ratification of a resolution | 53135 |
| establishing the amount of the amended fee. The policy committee | 53136 |
| may abolish the fee or an amended fee established under this | 53137 |
| division by adopting and obtaining ratification of a resolution | 53138 |
| proposing to repeal it. The requirements and procedures under | 53139 |
| division (B) and, if applicable, division (C) of this section | 53140 |
| govern the adoption and ratification of a resolution authorized to | 53141 |
| be adopted under this division and the notification of owners and | 53142 |
| operators of solid waste facilities required to collect the fees. | 53143 |
| (E) Collection of a fee or amended fee levied under division | 53144 |
| (A) or (D) of this section shall commence or cease in accordance | 53145 |
| with division (B) of section 3734.57 of the Revised Code. If a | 53146 |
| district is levying a fee under section 3734.572 of the Revised | 53147 |
| Code, collection of that fee shall cease on the date on which | 53148 |
| collection of the fee levied under division (A) of this section | 53149 |
| commences in accordance with division (B) of section 3734.57 of | 53150 |
| the Revised Code. | 53151 |
| (F) In the case of solid wastes that are taken to a solid | 53152 |
| waste transfer facility prior to being transported to a solid | 53153 |
| waste disposal facility for disposal, the fee levied under | 53154 |
| division (A) of this section shall be collected by the owner or | 53155 |
| operator of the transfer facility as a trustee for the district. | 53156 |
| In the case of solid wastes that are not taken to a solid waste | 53157 |
| transfer facility prior to being transported to a solid waste | 53158 |
| disposal facility, the fee shall be collected by the owner or | 53159 |
| operator of the solid waste disposal facility where the wastes are | 53160 |
| disposed of. An owner or operator of a solid waste transfer or | 53161 |
| disposal facility who is required to collect the fee shall collect | 53162 |
| and forward the fee to the district in accordance with section | 53163 |
| 3734.57 of the Revised Code and rules adopted under division (H) | 53164 |
| of that section. | 53165 |
| If the owner or operator of a solid waste transfer or | 53166 |
| disposal facility who did not receive notice pursuant to division | 53167 |
| (B) of this section to collect the fee levied by a district under | 53168 |
| division (A) of this section receives solid wastes generated in | 53169 |
| the district, the owner or operator, within thirty days after | 53170 |
| receiving the wastes, shall send written notice of that fact to | 53171 |
| the board of county commissioners or directors of the district. | 53172 |
| Within thirty days after receiving such a notice, the board of | 53173 |
| county commissioners or directors shall send written notice to the | 53174 |
| owner or operator indicating whether the district is levying a fee | 53175 |
| under division (A) of this section and, if so, the amount of the | 53176 |
| fee. | 53177 |
| (G) Moneys received by a district levying a fee under | 53178 |
| division (A) of this section shall be credited to the special fund | 53179 |
| of the district created in division (G) of section 3734.57 of the | 53180 |
| Revised Code and shall be used exclusively for the purposes | 53181 |
| specified in that division. Prior to the approval under division | 53182 |
| (A) of section 3734.56 of the Revised Code of the first amended | 53183 |
| plan that the district is required to submit for approval under | 53184 |
| that section, the approval of an initial plan under section | 53185 |
| 3734.521 of the Revised Code, the approval of an amended plan | 53186 |
| under that section or division (D) of section 3734.56 of the | 53187 |
| Revised Code, or the amendment of the district's plan under | 53188 |
| division (E) of section 3734.56 of the Revised Code, moneys | 53189 |
| credited to the special fund arising from the fee levied pursuant | 53190 |
| to a resolution adopted and ratified under division (B) of this | 53191 |
| section shall be expended for those purposes in the manner | 53192 |
| prescribed by the solid waste management policy committee by | 53193 |
| resolution. | 53194 |
| (H) The fee levied under division (A) of this section does | 53195 |
| not apply to the management of solid wastes that: | 53196 |
| (1) Are disposed of at a facility owned by the generator of | 53197 |
| the wastes when the solid waste facility exclusively disposes of | 53198 |
| solid wastes generated at one or more premises owned by the | 53199 |
| generator regardless of whether the facility is located on a | 53200 |
| premises where the wastes were generated; | 53201 |
| (2) Are disposed of at facilities that exclusively dispose of | 53202 |
| wastes that are generated from the combustion of coal, or from the | 53203 |
| combustion of primarily coal in combination with scrap tires, that | 53204 |
| is not combined in any way with garbage at one or more premises | 53205 |
| owned by the generator. | 53206 |
| (I) When solid wastes that are burned in a disposal facility | 53207 |
| that is an incinerator or energy recovery facility are delivered | 53208 |
| to a solid waste transfer facility prior to being transported to | 53209 |
| the incinerator or energy recovery facility where they are burned, | 53210 |
| the fee levied under division (A) of this section shall be levied | 53211 |
| on the wastes delivered to the transfer facility. | 53212 |
| (J) When solid wastes that are burned in a disposal facility | 53213 |
| that is an incinerator or energy recovery facility are not | 53214 |
| delivered to a solid waste transfer facility prior to being | 53215 |
| transported to the incinerator or energy recovery facility where | 53216 |
| they are burned, the fee levied under division (A) of this section | 53217 |
| shall be levied on the wastes delivered to the incinerator or | 53218 |
| energy recovery facility. | 53219 |
| (K) The fee levied under division (A) of this section does | 53220 |
| not apply to sewage sludge that is generated by a waste water | 53221 |
| treatment facility holding a national pollutant discharge | 53222 |
| elimination system permit and that is disposed of through | 53223 |
| incineration, land application, or composting or at another | 53224 |
| resource recovery or disposal facility that is not a landfill. | 53225 |
| (L) The fee levied under division (A) of this section does | 53226 |
|
not apply to | 53227 |
|
composting
facility for processing | 53228 |
| 53229 | |
| transported off the premises of a composting facility for disposal | 53230 |
| at a landfill, the fee levied under division (A) of this section | 53231 |
| applies and shall be collected by the owner or operator of the | 53232 |
| landfill. | 53233 |
| (M) The fee levied under division (A) of this section does | 53234 |
| not apply to materials separated from a mixed waste stream for | 53235 |
| recycling by the generator or materials removed from the solid | 53236 |
| waste stream as a result of recycling, as "recycling" is defined | 53237 |
| in rules adopted under section 3734.02 of the Revised Code. | 53238 |
| (N) The director of environmental protection may issue an | 53239 |
| order exempting from the fees levied under this section solid | 53240 |
| wastes, including, but not limited to, scrap tires, that are | 53241 |
| generated, transferred, or disposed of as a result of a contract | 53242 |
| providing for the expenditure of public funds entered into by the | 53243 |
| administrator or regional administrator of the United States | 53244 |
| environmental protection agency, the director of environmental | 53245 |
| protection, or the director of administrative services on behalf | 53246 |
| of the director of environmental protection for the purpose of | 53247 |
| remediating conditions at a hazardous waste facility, solid waste | 53248 |
| facility, or other location at which the administrator or regional | 53249 |
| administrator or the director of environmental protection has | 53250 |
| reason to believe that there is a substantial threat to public | 53251 |
| health or safety or the environment or that the conditions are | 53252 |
| causing or contributing to air or water pollution or soil | 53253 |
| contamination. An order issued by the director of environmental | 53254 |
| protection under this division shall include a determination that | 53255 |
| the amount of fees not received by a solid waste management | 53256 |
| district as a result of the order will not adversely impact the | 53257 |
| implementation and financing of the district's approved solid | 53258 |
|
waste | 53259 |
| plan. Such an order is a final action of the director of | 53260 |
| environmental protection. | 53261 |
| Sec. 3734.82. (A) The annual fee for a scrap tire recovery | 53262 |
| facility license issued under section 3734.81 of the Revised Code | 53263 |
| shall be in accordance with the following schedule: | 53264 |
| Daily Design | Annual | 53265 | |||
| Input Capacity | License | 53266 | |||
| (Tons) | Fee | 53267 |
| 1 or less | $ 100 | 53268 | ||||
| 2 to 25 | 500 | 53269 | ||||
| 26 to 50 | 1,000 | 53270 | ||||
| 51 to 100 | 1,500 | 53271 | ||||
| 101 to 200 | 2,500 | 53272 | ||||
| 201 to 500 | 3,500 | 53273 | ||||
| 501 or more | 5,500 | 53274 |
| For the purpose of determining the applicable license fee | 53275 |
| under this division, the daily design input capacity shall be the | 53276 |
| quantity of scrap tires the facility is designed to process daily | 53277 |
| as set forth in the registration certificate or permit for the | 53278 |
| facility, and any modifications to the permit, if applicable, | 53279 |
| issued under section 3734.78 of the Revised Code. | 53280 |
| (B) The annual fee for a scrap tire monocell or monofill | 53281 |
| facility license shall be in accordance with the following | 53282 |
| schedule: | 53283 |
| Authorized Maximum | Annual | 53284 | |||
| Daily Waste Receipt | License | 53285 | |||
| (Tons) | Fee | 53286 | |||
| 100 or less | $ 5,000 | 53287 | |||
| 101 to 200 | 12,500 | 53288 | |||
| 201 to 500 | 30,000 | 53289 | |||
| 501 or more | 60,000 | 53290 |
| For the purpose of determining the applicable license fee | 53291 |
| under this division, the authorized maximum daily waste receipt | 53292 |
| shall be the maximum amount of scrap tires the facility is | 53293 |
| authorized to receive daily that is established in the permit for | 53294 |
| the facility, and any modification to that permit, issued under | 53295 |
| section 3734.77 of the Revised Code. | 53296 |
| (C)(1) Except as otherwise provided in division (C)(2) of | 53297 |
| this section, the annual fee for a scrap tire storage facility | 53298 |
| license shall equal one thousand dollars times the number of acres | 53299 |
| on which scrap tires are to be stored at the facility during the | 53300 |
| license year, as set forth on the application for the annual | 53301 |
| license, except that the total annual license fee for any such | 53302 |
| facility shall not exceed three thousand dollars. | 53303 |
| (2) The annual fee for a scrap tire storage facility license | 53304 |
| for a storage facility that is owned or operated by a motor | 53305 |
| vehicle salvage dealer licensed under Chapter 4738. of the Revised | 53306 |
| Code is one hundred dollars. | 53307 |
| (D)(1) Except as otherwise provided in division (D)(2) of | 53308 |
| this section, the annual fee for a scrap tire collection facility | 53309 |
| license is two hundred dollars. | 53310 |
| (2) The annual fee for a scrap tire collection facility | 53311 |
| license for a collection facility that is owned or operated by a | 53312 |
| motor vehicle salvage dealer licensed under Chapter 4738. of the | 53313 |
| Revised Code is fifty dollars. | 53314 |
| (E) Except as otherwise provided in divisions (C)(2) and | 53315 |
| (D)(2) of this section, the same fees apply to private operators | 53316 |
| and to the state and its political subdivisions and shall be paid | 53317 |
| within thirty days after the issuance of a license. The fees | 53318 |
| include the cost of licensing, all inspections, and other costs | 53319 |
| associated with the administration of the scrap tire provisions of | 53320 |
| this chapter and rules adopted under them. Each license shall | 53321 |
| specify that it is conditioned upon payment of the applicable fee | 53322 |
| to the board of health or the director of environmental | 53323 |
| protection, as appropriate, within thirty days after the issuance | 53324 |
| of the license. | 53325 |
| (F) The board of health shall retain fifteen thousand dollars | 53326 |
| of each license fee collected by the board under division (B) of | 53327 |
| this section, or the entire amount of any such fee that is less | 53328 |
| than fifteen thousand dollars, and the entire amount of each | 53329 |
| license fee collected by the board under divisions (A), (C), and | 53330 |
| (D) of this section. The moneys retained shall be paid into a | 53331 |
| special fund, which is hereby created in each health district, and | 53332 |
| used solely to administer and enforce the scrap tire provisions of | 53333 |
| this chapter and rules adopted under them. The remainder, if any, | 53334 |
| of each license fee collected by the board under division (B) of | 53335 |
| this section shall be transmitted to the director within | 53336 |
| forty-five days after receipt of the fee. | 53337 |
| (G) The director shall transmit the moneys received by the | 53338 |
| director from license fees collected under division (B) of this | 53339 |
| section to the treasurer of state to be credited to the scrap tire | 53340 |
| management fund, which is hereby created in the state treasury. | 53341 |
| The fund shall consist of all federal moneys received by the | 53342 |
| environmental protection agency for the scrap tire management | 53343 |
| program; all grants, gifts, and contributions made to the director | 53344 |
| for that program; and all other moneys that may be provided by law | 53345 |
| for that program. The director shall use moneys in the fund as | 53346 |
| follows: | 53347 |
| (1) Expend not more than seven hundred fifty thousand dollars | 53348 |
| during each fiscal year to implement, administer, and enforce the | 53349 |
| scrap tire provisions of this chapter and rules adopted under | 53350 |
| them; | 53351 |
| (2) During each fiscal year, request the director of budget | 53352 |
| and management to, and the director of budget and management | 53353 |
| shall, transfer one million dollars to the scrap tire grant fund | 53354 |
|
created
in section
1502.12 of the
Revised Code
for | 53355 |
| 53356 | |
| activities for scrap tires and synthetic rubber from tire | 53357 |
| manufacturing processes and tire recycling processes. In addition, | 53358 |
| during a fiscal year, the director of environmental protection may | 53359 |
| request the director of budget and management to, and the director | 53360 |
| of budget and management shall, transfer up to an additional five | 53361 |
| hundred thousand dollars to the scrap tire grant fund for scrap | 53362 |
| tire amnesty events and scrap tire cleanup events. | 53363 |
| (3) | 53364 |
| 53365 | |
| 53366 | |
| 53367 | |
| 53368 | |
| 53369 | |
| 53370 | |
| 53371 | |
| 53372 | |
| 53373 | |
| 53374 | |
| 53375 | |
| 53376 | |
| 53377 | |
| 53378 | |
| 53379 | |
| 53380 | |
| 53381 | |
| 53382 | |
| 53383 | |
| 53384 | |
| 53385 | |
| 53386 | |
| 53387 | |
| 53388 | |
| 53389 | |
| 53390 | |
| 53391 |
| | 53392 |
| 53393 | |
| 53394 | |
| 53395 | |
| 53396 | |
| 53397 | |
| 53398 | |
| 53399 | |
| 53400 | |
| 53401 |
| | 53402 |
| 53403 | |
| 53404 | |
| 53405 | |
| 53406 | |
| 53407 | |
| 53408 | |
| 53409 | |
| 53410 | |
| 53411 | |
| 53412 | |
| 53413 | |
| 53414 | |
| 53415 | |
| After the expenditures and transfers are made under divisions | 53416 |
| (G)(1) and (2) of this section, expend the balance of the money | 53417 |
| in the scrap tire management fund remaining in each fiscal year | 53418 |
| to conduct removal actions under section 3734.85 of the Revised | 53419 |
| Code and to provide grants to boards of health under section | 53420 |
| 3734.042 of the Revised Code. | 53421 |
| Sec. 3734.901. (A)(1) For the purpose of providing revenue | 53422 |
| to defray the cost of administering and enforcing the scrap tire | 53423 |
| provisions of this chapter, rules adopted under those provisions, | 53424 |
| and terms and conditions of orders, variances, and licenses issued | 53425 |
| under those provisions; to abate accumulations of scrap tires; to | 53426 |
|
make grants | 53427 |
| 53428 | |
| for scrap tires and synthetic rubber from tire manufacturing | 53429 |
| processes and tire recycling processes and to support scrap tire | 53430 |
| amnesty and cleanup events; to make loans to promote the recycling | 53431 |
| or recovery of energy from scrap tires; and to defray the costs of | 53432 |
| administering and enforcing sections 3734.90 to 3734.9014 of the | 53433 |
| Revised Code, a fee of fifty cents per tire is hereby levied on | 53434 |
| the sale of tires. The proceeds of the fee shall be deposited in | 53435 |
| the state treasury to the credit of the scrap tire management fund | 53436 |
| created in section 3734.82 of the Revised Code. The fee is levied | 53437 |
| from the first day of the calendar month that begins next after | 53438 |
| thirty days from October 29, 1993, through June 30, 2011. | 53439 |
| (2) Beginning on September 5, 2001, and ending on June 30, | 53440 |
| 2011, there is hereby levied an additional fee of fifty cents per | 53441 |
| tire on the sale of tires the proceeds of which shall be deposited | 53442 |
| in the state treasury to the credit of the scrap tire management | 53443 |
|
fund | 53444 |
| exclusively for the purposes specified in division (G)(3) of that | 53445 |
| section. | 53446 |
| (B) Only one sale of the same article shall be used in | 53447 |
| computing the amount of the fee due. | 53448 |
| Sec. 3734.9010. Two per cent of all amounts paid to the | 53449 |
| treasurer of state pursuant to sections 3734.90 to 3734.9014 of | 53450 |
| the Revised Code shall be certified directly to the credit of the | 53451 |
| tire fee administrative fund, which is hereby created in the state | 53452 |
| treasury, for appropriation to the department of taxation for use | 53453 |
| in administering those sections. The remainder of the amounts paid | 53454 |
|
to the treasurer of state shall be
deposited | 53455 |
| 53456 | |
|
with section | 53457 |
| Sec. 3737.71. Each insurance company doing business in this | 53458 |
| state shall pay to the state in installments, at the time of | 53459 |
| making the payments required by section 5729.05 of the Revised | 53460 |
| Code, in addition to the taxes required to be paid by it, | 53461 |
| three-fourths of one per cent on the gross premium receipts | 53462 |
| derived from fire insurance and that portion of the premium | 53463 |
| reasonably allocable to insurance against the hazard of fire | 53464 |
| included in other coverages except life and sickness and accident | 53465 |
| insurance, after deducting return premiums paid and considerations | 53466 |
| received for reinsurances as shown by the annual statement of such | 53467 |
| company made pursuant to sections 3929.30, 3931.06, and 5729.02 of | 53468 |
| the Revised Code. The money received shall be paid into the state | 53469 |
| treasury to the credit of the state fire marshal's fund, which is | 53470 |
| hereby created. The fund shall be used for the maintenance and | 53471 |
| administration of the office of the fire marshal and the Ohio fire | 53472 |
| academy established by section 3737.33 of the Revised Code. If the | 53473 |
| director of commerce certifies to the director of budget and | 53474 |
| management that the cash balance in the state fire marshal's fund | 53475 |
| is in excess of the amount needed to pay ongoing operating | 53476 |
| expenses, the director of commerce, with the approval of the | 53477 |
| director of budget and management, may use the excess amount to | 53478 |
| acquire by purchase, lease, or otherwise, real property or | 53479 |
| interests in real property to be used for the benefit of the | 53480 |
| office of the state fire marshal, or to construct, acquire, | 53481 |
| enlarge, equip, furnish, or improve the fire marshal's office | 53482 |
| facilities or the facilities of the Ohio fire academy. The state | 53483 |
| fire marshal's fund shall be assessed a proportionate share of | 53484 |
| the administrative costs of the department of commerce in | 53485 |
| accordance with procedures prescribed by the director of commerce | 53486 |
| and approved by the director of budget and management. Such | 53487 |
| assessment shall be paid from the state fire marshal's fund to | 53488 |
| the division of administration fund. | 53489 |
| Notwithstanding any other provision in this section, if the | 53490 |
| director of budget and management determines at any time that the | 53491 |
| money in the state fire marshal's fund exceeds the amount | 53492 |
| necessary to defray ongoing operating expenses in a fiscal year, | 53493 |
| the director may transfer the excess to the general revenue fund. | 53494 |
| Sec. 3745.11. (A) Applicants for and holders of permits, | 53495 |
| licenses, variances, plan approvals, and certifications issued by | 53496 |
| the director of environmental protection pursuant to Chapters | 53497 |
| 3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee | 53498 |
| to the environmental protection agency for each such issuance and | 53499 |
| each application for an issuance as provided by this section. No | 53500 |
| fee shall be charged for any issuance for which no application has | 53501 |
| been submitted to the director. | 53502 |
| (B) Each person who is issued a permit to install prior to | 53503 |
| July 1, 2003, pursuant to rules adopted under division (F) of | 53504 |
| section 3704.03 of the Revised Code shall pay the fees specified | 53505 |
| in the following schedules: | 53506 |
| (1) Fuel-burning equipment (boilers) | 53507 |
| Input capacity (maximum) | 53508 | ||||
| (million British thermal units per hour) | Permit to install | 53509 | |||
| Greater than 0, but less than 10 | $ 200 | 53510 | |||
| 10 or more, but less than 100 | 400 | 53511 | |||
| 100 or more, but less than 300 | 800 | 53512 | |||
| 300 or more, but less than 500 | 1500 | 53513 | |||
| 500 or more, but less than 1000 | 2500 | 53514 | |||
| 1000 or more, but less than 5000 | 4000 | 53515 | |||
| 5000 or more | 6000 | 53516 | |||
| Units burning exclusively natural gas, number two fuel oil, | 53517 |
| or both shall be assessed a fee that is one-half of the applicable | 53518 |
| amount established in division (F)(1) of this section. | 53519 |
| (2) Incinerators | 53520 |
| Input capacity (pounds per hour) | Permit to install | 53521 |
| 0 to 100 | $ 100 | 53522 | |||
| 101 to 500 | 400 | 53523 | |||
| 501 to 2000 | 750 | 53524 | |||
| 2001 to 20,000 | 1000 | 53525 | |||
| more than 20,000 | 2500 | 53526 | |||
| (3)(a) Process | 53527 |
| Process weight rate (pounds per hour) | Permit to install | 53528 |
| 0 to 1000 | $ 200 | 53529 | |||
| 1001 to 5000 | 400 | 53530 | |||
| 5001 to 10,000 | 600 | 53531 | |||
| 10,001 to 50,000 | 800 | 53532 | |||
| more than 50,000 | 1000 | 53533 | |||
| In any process where process weight rate cannot be | 53534 |
| ascertained, the minimum fee shall be assessed. | 53535 |
| (b) Notwithstanding division (B)(3)(a) of this section, any | 53536 |
| person issued a permit to install pursuant to rules adopted under | 53537 |
| division (F) of section 3704.03 of the Revised Code shall pay the | 53538 |
| fees established in division (B)(3)(c) of this section for a | 53539 |
| process used in any of the following industries, as identified by | 53540 |
| the applicable four-digit standard industrial classification code | 53541 |
| according to the Standard Industrial Classification Manual | 53542 |
| published by the United States office of management and budget in | 53543 |
| the executive office of the president, 1972, as revised: | 53544 |
| 1211 Bituminous coal and lignite mining; | 53545 |
| 1213 Bituminous coal and lignite mining services; | 53546 |
| 1411 Dimension stone; | 53547 |
| 1422 Crushed and broken limestone; | 53548 |
| 1427 Crushed and broken stone, not elsewhere classified; | 53549 |
| 1442 Construction sand and gravel; | 53550 |
| 1446 Industrial sand; | 53551 |
| 3281 Cut stone and stone products; | 53552 |
| 3295 Minerals and earth, ground or otherwise treated. | 53553 |
| (c) The fees established in the following schedule apply to | 53554 |
| the issuance of a permit to install pursuant to rules adopted | 53555 |
| under division (F) of section 3704.03 of the Revised Code for a | 53556 |
| process listed in division (B)(3)(b) of this section: | 53557 |
| Process weight rate (pounds per hour) | Permit to install | 53558 |
| 0 to 1000 | $ 200 | 53559 | |
| 10,001 to 50,000 | 300 | 53560 | |
| 50,001 to 100,000 | 400 | 53561 | |
| 100,001 to 200,000 | 500 | 53562 | |
| 200,001 to 400,000 | 600 | 53563 | |
| 400,001 or more | 700 | 53564 |
| (4) Storage tanks | 53565 |
| Gallons (maximum useful capacity) | Permit to install | 53566 |
| 0 to 20,000 | $ 100 | 53567 | |||
| 20,001 to 40,000 | 150 | 53568 | |||
| 40,001 to 100,000 | 200 | 53569 | |||
| 100,001 to 250,000 | 250 | 53570 | |||
| 250,001 to 500,000 | 350 | 53571 | |||
| 500,001 to 1,000,000 | 500 | 53572 | |||
| 1,000,001 or greater | 750 | 53573 | |||
| (5) Gasoline/fuel dispensing facilities | 53574 |
| For each gasoline/fuel dispensing | Permit to install | 53575 | |||
| facility | $ 100 | 53576 | |||
| (6) Dry cleaning facilities | 53577 |
| For each dry cleaning facility | Permit to install | 53578 | |||
| (includes all units at the facility) | $ 100 | 53579 | |||
| (7) Registration status | 53580 |
| For each source covered | Permit to install | 53581 | |||
| by registration status | $ 75 | 53582 | |||
| (C)(1) Except as otherwise provided in division (C)(2) of | 53583 |
| this section, beginning July 1, 1994, each person who owns or | 53584 |
| operates an air contaminant source and who is required to apply | 53585 |
| for and obtain a Title V permit under section 3704.036 of the | 53586 |
| Revised Code shall pay the fees set forth in division (C)(1) of | 53587 |
| this section. For the purposes of that division, total emissions | 53588 |
| of air contaminants may be calculated using engineering | 53589 |
| calculations, emissions factors, material balance calculations, or | 53590 |
| performance testing procedures, as authorized by the director. | 53591 |
| The following fees shall be assessed on the total actual | 53592 |
| emissions from a source in tons per year of the regulated | 53593 |
| pollutants particulate matter, sulfur dioxide, nitrogen oxides, | 53594 |
| organic compounds, and lead: | 53595 |
| (a) Fifteen dollars per ton on the total actual emissions of | 53596 |
| each such regulated pollutant during the period July through | 53597 |
| December 1993, to be collected no sooner than July 1, 1994; | 53598 |
| (b) Twenty dollars per ton on the total actual emissions of | 53599 |
| each such regulated pollutant during calendar year 1994, to be | 53600 |
| collected no sooner than April 15, 1995; | 53601 |
| (c) Twenty-five dollars per ton on the total actual emissions | 53602 |
| of each such regulated pollutant in calendar year 1995, and each | 53603 |
| subsequent calendar year, to be collected no sooner than the | 53604 |
| fifteenth day of April of the year next succeeding the calendar | 53605 |
| year in which the emissions occurred. | 53606 |
| The fees levied under division (C)(1) of this section do not | 53607 |
| apply to that portion of the emissions of a regulated pollutant at | 53608 |
| a facility that exceed four thousand tons during a calendar year. | 53609 |
| (2) The fees assessed under division (C)(1) of this section | 53610 |
| are for the purpose of providing funding for the Title V permit | 53611 |
| program. | 53612 |
| (3) The fees assessed under division (C)(1) of this section | 53613 |
| do not apply to emissions from any electric generating unit | 53614 |
| designated as a Phase I unit under Title IV of the federal Clean | 53615 |
| Air Act prior to calendar year 2000. Those fees shall be assessed | 53616 |
| on the emissions from such a generating unit commencing in | 53617 |
| calendar year 2001 based upon the total actual emissions from the | 53618 |
| generating unit during calendar year 2000 and shall continue to be | 53619 |
| assessed each subsequent calendar year based on the total actual | 53620 |
| emissions from the generating unit during the preceding calendar | 53621 |
| year. | 53622 |
| (4) The director shall issue invoices to owners or operators | 53623 |
| of air contaminant sources who are required to pay a fee assessed | 53624 |
| under division (C) or (D) of this section. Any such invoice shall | 53625 |
| be issued no sooner than the applicable date when the fee first | 53626 |
| may be collected in a year under the applicable division, shall | 53627 |
| identify the nature and amount of the fee assessed, and shall | 53628 |
| indicate that the fee is required to be paid within thirty days | 53629 |
| after the issuance of the invoice. | 53630 |
| (D)(1) Except as provided in division (D)(3) of this section, | 53631 |
| from January 1, 1994, through December 31, 2003, each person who | 53632 |
| owns or operates an air contaminant source; who is required to | 53633 |
| apply for a permit to operate pursuant to rules adopted under | 53634 |
| division (G), or a variance pursuant to division (H), of section | 53635 |
| 3704.03 of the Revised Code; and who is not required to apply for | 53636 |
| and obtain a Title V permit under section 3704.036 of the Revised | 53637 |
| Code shall pay a single fee based upon the sum of the actual | 53638 |
| annual emissions from the facility of the regulated pollutants | 53639 |
| particulate matter, sulfur dioxide, nitrogen oxides, organic | 53640 |
| compounds, and lead in accordance with the following schedule: | 53641 |
| Total tons per year | 53642 | |||||
| of regulated pollutants | Annual fee | 53643 | ||||
| emitted | per facility | 53644 | ||||
| More than 0, but less than 50 | $ 75 | 53645 | ||||
| 50 or more, but less than 100 | 300 | 53646 | ||||
| 100 or more | 700 | 53647 |
| (2) Except as provided in division (D)(3) of this section, | 53648 |
| beginning January 1, 2004, each person who owns or operates an air | 53649 |
| contaminant source; who is required to apply for a permit to | 53650 |
| operate pursuant to rules adopted under division (G), or a | 53651 |
| variance pursuant to division (H), of section 3704.03 of the | 53652 |
| Revised Code; and who is not required to apply for and obtain a | 53653 |
| Title V permit under section 3704.03 of the Revised Code shall pay | 53654 |
| a single fee based upon the sum of the actual annual emissions | 53655 |
| from the facility of the regulated pollutants particulate matter, | 53656 |
| sulfur dioxide, nitrogen oxides, organic compounds, and lead in | 53657 |
| accordance with the following schedule: | 53658 |
| Total tons per year | 53659 | |||||
| of regulated pollutants | Annual fee | 53660 | ||||
| emitted | per facility | 53661 | ||||
| More than 0, but less than 10 | $ 100 | 53662 | ||||
| 10 or more, but less than 50 | 200 | 53663 | ||||
| 50 or more, but less than 100 | 300 | 53664 | ||||
| 100 or more | 700 | 53665 |
| (3)(a) As used in division (D) of this section, "synthetic | 53666 |
| minor facility" means a facility for which one or more permits to | 53667 |
| install or permits to operate have been issued for the air | 53668 |
| contaminant sources at the facility that include terms and | 53669 |
| conditions that lower the facility's potential to emit air | 53670 |
| contaminants below the major source thresholds established in | 53671 |
| rules adopted under section 3704.036 of the Revised Code. | 53672 |
| (b) Beginning January 1, 2000, through June 30,
| 53673 |
| each person who owns or operates a synthetic minor facility shall | 53674 |
| pay an annual fee based on the sum of the actual annual emissions | 53675 |
| from the facility of particulate matter, sulfur dioxide, nitrogen | 53676 |
| dioxide, organic compounds, and lead in accordance with the | 53677 |
| following schedule: | 53678 |
| Combined total tons | 53679 | ||||
| per year of all regulated | Annual fee | 53680 | |||
| pollutants emitted | per facility | 53681 |
| Less than 10 | $ 170 | 53682 | |||
| 10 or more, but less than 20 | 340 | 53683 | |||
| 20 or more, but less than 30 | 670 | 53684 | |||
| 30 or more, but less than 40 | 1,010 | 53685 | |||
| 40 or more, but less than 50 | 1,340 | 53686 | |||
| 50 or more, but less than 60 | 1,680 | 53687 | |||
| 60 or more, but less than 70 | 2,010 | 53688 | |||
| 70 or more, but less than 80 | 2,350 | 53689 | |||
| 80 or more, but less than 90 | 2,680 | 53690 | |||
| 90 or more, but less than 100 | 3,020 | 53691 | |||
| 100 or more | 3,350 | 53692 |
| (4) The fees assessed under division (D)(1) of this section | 53693 |
| shall be collected annually no sooner than the fifteenth day of | 53694 |
| April, commencing in 1995. The fees assessed under division | 53695 |
| (D)(2) of this section shall be collected annually no sooner than | 53696 |
| the fifteenth day of April, commencing in 2005. The fees assessed | 53697 |
| under division (D)(3) of this section shall be collected no sooner | 53698 |
| than the fifteenth day of April, commencing in 2000. The fees | 53699 |
| assessed under division (D) of this section in a calendar year | 53700 |
| shall be based upon the sum of the actual emissions of those | 53701 |
| regulated pollutants during the preceding calendar year. For the | 53702 |
| purpose of division (D) of this section, emissions of air | 53703 |
| contaminants may be calculated using engineering calculations, | 53704 |
| emission factors, material balance calculations, or performance | 53705 |
| testing procedures, as authorized by the director. The director, | 53706 |
| by rule, may require persons who are required to pay the fees | 53707 |
| assessed under division (D) of this section to pay those fees | 53708 |
| biennially rather than annually. | 53709 |
| (E)(1) Consistent with the need to cover the reasonable costs | 53710 |
| of the Title V permit program, the director annually shall | 53711 |
| increase the fees prescribed in division (C)(1) of this section by | 53712 |
| the percentage, if any, by which the consumer price index for the | 53713 |
| most recent calendar year ending before the beginning of a year | 53714 |
| exceeds the consumer price index for calendar year 1989. Upon | 53715 |
| calculating an increase in fees authorized by division (E)(1) of | 53716 |
| this section, the director shall compile revised fee schedules for | 53717 |
| the purposes of division (C)(1) of this section and shall make the | 53718 |
| revised schedules available to persons required to pay the fees | 53719 |
| assessed under that division and to the public. | 53720 |
| (2) For the purposes of division (E)(1) of this section: | 53721 |
| (a) The consumer price index for any year is the average of | 53722 |
| the consumer price index for all urban consumers published by the | 53723 |
| United States department of labor as of the close of the | 53724 |
| twelve-month period ending on the thirty-first day of August of | 53725 |
| that year. | 53726 |
| (b) If the 1989 consumer price index is revised, the director | 53727 |
| shall use the revision of the consumer price index that is most | 53728 |
| consistent with that for calendar year 1989. | 53729 |
| (F) Each person who is issued a permit to install pursuant to | 53730 |
| rules adopted under division (F) of section 3704.03 of the Revised | 53731 |
| Code on or after July 1, 2003, shall pay the fees specified in the | 53732 |
| following schedules: | 53733 |
| (1) Fuel-burning equipment (boilers, furnaces, or process | 53734 |
| heaters used in the process of burning fuel for the primary | 53735 |
| purpose of producing heat or power by indirect heat transfer) | 53736 |
| Input capacity (maximum) | 53737 | ||
| (million British thermal units per hour) | Permit to install | 53738 | |
| Greater than 0, but less than 10 | $ 200 | 53739 | |
| 10 or more, but less than 100 | 400 | 53740 | |
| 100 or more, but less than 300 | 1000 | 53741 | |
| 300 or more, but less than 500 | 2250 | 53742 | |
| 500 or more, but less than 1000 | 3750 | 53743 | |
| 1000 or more, but less than 5000 | 6000 | 53744 | |
| 5000 or more | 9000 | 53745 |
| Units burning exclusively natural gas, number two fuel oil, | 53746 |
| or both shall be assessed a fee that is one-half the applicable | 53747 |
| amount shown in division (F)(1) of this section. | 53748 |
| (2) Combustion turbines and stationary internal combustion | 53749 |
| engines designed to generate electricity | 53750 |
| Generating capacity (mega watts) | Permit to install | 53751 | |
| 0 or more, but less than 10 | $ 25 | 53752 | |
| 10 or more, but less than 25 | 150 | 53753 | |
| 25 or more, but less than 50 | 300 | 53754 | |
| 50 or more, but less than 100 | 500 | 53755 | |
| 100 or more, but less than 250 | 1000 | 53756 | |
| 250 or more | 2000 | 53757 |
| (3) Incinerators | 53758 |
| Input capacity (pounds per hour) | Permit to install | 53759 | |
| 0 to 100 | $ 100 | 53760 | |
| 101 to 500 | 500 | 53761 | |
| 501 to 2000 | 1000 | 53762 | |
| 2001 to 20,000 | 1500 | 53763 | |
| more than 20,000 | 3750 | 53764 |
| (4)(a) Process | 53765 |
| Process weight rate (pounds per hour) | Permit to install | 53766 | |
| 0 to 1000 | $ 200 | 53767 | |
| 1001 to 5000 | 500 | 53768 | |
| 5001 to 10,000 | 750 | 53769 | |
| 10,001 to 50,000 | 1000 | 53770 | |
| more than 50,000 | 1250 | 53771 |
| In any process where process weight rate cannot be | 53772 |
| ascertained, the minimum fee shall be assessed. A boiler, furnace, | 53773 |
| combustion turbine, stationary internal combustion engine, or | 53774 |
| process heater designed to provide direct heat or power to a | 53775 |
| process not designed to generate electricity shall be assessed a | 53776 |
| fee established in division (F)(4)(a) of this section. A | 53777 |
| combustion turbine or stationary internal combustion engine | 53778 |
| designed to generate electricity shall be assessed a fee | 53779 |
| established in division (F)(2) of this section. | 53780 |
| (b) Notwithstanding division (F)(4)(a) of this section, any | 53781 |
| person issued a permit to install pursuant to rules adopted under | 53782 |
| division (F) of section 3704.03 of the Revised Code shall pay the | 53783 |
| fees set forth in division (F)(4)(c) of this section for a process | 53784 |
| used in any of the following industries, as identified by the | 53785 |
| applicable two-digit, three-digit, or four-digit standard | 53786 |
| industrial classification code according to the Standard | 53787 |
| Industrial Classification Manual published by the United States | 53788 |
| office of management and budget in the executive office of the | 53789 |
| president, 1987, as revised: | 53790 |
| Major group 10, metal mining; | 53791 |
| Major group 12, coal mining; | 53792 |
| Major group 14, mining and quarrying of nonmetallic minerals; | 53793 |
| Industry group 204, grain mill products; | 53794 |
| 2873 Nitrogen fertilizers; | 53795 |
| 2874 Phosphatic fertilizers; | 53796 |
| 3281 Cut stone and stone products; | 53797 |
| 3295 Minerals and earth, ground or otherwise treated; | 53798 |
| 4221 Grain elevators (storage only); | 53799 |
| 5159 Farm related raw materials; | 53800 |
| 5261 Retail nurseries and lawn and garden supply stores. | 53801 |
| (c) The fees set forth in the following schedule apply to the | 53802 |
| issuance of a permit to install pursuant to rules adopted under | 53803 |
| division (F) of section 3704.03 of the Revised Code for a process | 53804 |
| identified in division (F)(4)(b) of this section: | 53805 |
| Process weight rate (pounds per hour) | Permit to install | 53806 | ||||
| 0 to 10,000 | $ 200 | 53807 | ||||
| 10,001 to 50,000 | 400 | 53808 | ||||
| 50,001 to 100,000 | 500 | 53809 | ||||
| 100,001 to 200,000 | 600 | 53810 | ||||
| 200,001 to 400,000 | 750 | 53811 | ||||
| 400,001 or more | 900 | 53812 |
| (5) Storage tanks | 53813 |
| Gallons (maximum useful capacity) | Permit to install | 53814 | ||||
| 0 to 20,000 | $ 100 | 53815 | ||||
| 20,001 to 40,000 | 150 | 53816 | ||||
| 40,001 to 100,000 | 250 | 53817 | ||||
| 100,001 to 500,000 | 400 | 53818 | ||||
| 500,001 or greater | 750 | 53819 |
| (6) Gasoline/fuel dispensing facilities | 53820 |
| For each gasoline/fuel | 53821 | |||||
| dispensing facility (includes all | Permit to install | 53822 | ||||
| units at the facility) | $ 100 | 53823 | ||||
| (7) Dry cleaning facilities | 53824 |
| For each dry cleaning | 53825 | |||||
| facility (includes all units | Permit to install | 53826 | ||||
| at the facility) | $ 100 | 53827 | ||||
| (8) Registration status | 53828 |
| For each source covered | Permit to install | 53829 | ||||
| by registration status | $ 75 | 53830 | ||||
| (G) An owner or operator who is responsible for an asbestos | 53831 |
| demolition or renovation project pursuant to rules adopted under | 53832 |
| section 3704.03 of the Revised Code shall pay the fees set forth | 53833 |
| in the following schedule: | 53834 |
| Action | Fee | 53835 | ||||
| Each notification | $75 | 53836 | ||||
| Asbestos removal | $3/unit | 53837 | ||||
| Asbestos cleanup | $4/cubic yard | 53838 |
| For purposes of this division, "unit" means any combination of | 53839 |
| linear feet or square feet equal to fifty. | 53840 |
| (H) A person who is issued an extension of time for a permit | 53841 |
| to install an air contaminant source pursuant to rules adopted | 53842 |
| under division (F) of section 3704.03 of the Revised Code shall | 53843 |
| pay a fee equal to one-half the fee originally assessed for the | 53844 |
| permit to install under this section, except that the fee for such | 53845 |
| an extension shall not exceed two hundred dollars. | 53846 |
| (I) A person who is issued a modification to a permit to | 53847 |
| install an air contaminant source pursuant to rules adopted under | 53848 |
| section 3704.03 of the Revised Code shall pay a fee equal to | 53849 |
| one-half of the fee that would be assessed under this section to | 53850 |
| obtain a permit to install the source. The fee assessed by this | 53851 |
| division only applies to modifications that are initiated by the | 53852 |
| owner or operator of the source and shall not exceed two thousand | 53853 |
| dollars. | 53854 |
| (J) Notwithstanding division (B) or (F) of this section, a | 53855 |
| person who applies for or obtains a permit to install pursuant to | 53856 |
| rules adopted under division (F) of section 3704.03 of the Revised | 53857 |
| Code after the date actual construction of the source began shall | 53858 |
| pay a fee for the permit to install that is equal to twice the fee | 53859 |
| that otherwise would be assessed under the applicable division | 53860 |
| unless the applicant received authorization to begin construction | 53861 |
| under division (W) of section 3704.03 of the Revised Code. This | 53862 |
| division only applies to sources for which actual construction of | 53863 |
| the source begins on or after July 1, 1993. The imposition or | 53864 |
| payment of the fee established in this division does not preclude | 53865 |
| the director from taking any administrative or judicial | 53866 |
| enforcement action under this chapter, Chapter 3704., 3714., | 53867 |
| 3734., or 6111. of the Revised Code, or a rule adopted under any | 53868 |
| of them, in connection with a violation of rules adopted under | 53869 |
| division (F) of section 3704.03 of the Revised Code. | 53870 |
| As used in this division, "actual construction of the source" | 53871 |
| means the initiation of physical on-site construction activities | 53872 |
| in connection with improvements to the source that are permanent | 53873 |
| in nature, including, without limitation, the installation of | 53874 |
| building supports and foundations and the laying of underground | 53875 |
| pipework. | 53876 |
| (K) Fifty cents per ton of each fee assessed under division | 53877 |
| (C) of this section on actual emissions from a source and received | 53878 |
| by the environmental protection agency pursuant to that division | 53879 |
| shall be deposited into the state treasury to the credit of the | 53880 |
| small business assistance fund created in section 3706.19 of the | 53881 |
| Revised Code. The remainder of the moneys received by the division | 53882 |
| pursuant to that division and moneys received by the agency | 53883 |
| pursuant to divisions (D), (F), (G), (H), (I), and (J) of this | 53884 |
| section shall be deposited in the state treasury to the credit of | 53885 |
| the clean air fund created in section 3704.035 of the Revised | 53886 |
| Code. | 53887 |
| (L)(1)(a) Except as otherwise provided in division (L)(1)(b) | 53888 |
| or (c) of this section, a person issued a water discharge permit | 53889 |
| or renewal of a water discharge permit pursuant to Chapter 6111. | 53890 |
| of the Revised Code shall pay a fee based on each point source to | 53891 |
| which the issuance is applicable in accordance with the following | 53892 |
| schedule: | 53893 |
| Design flow discharge (gallons per day) | Fee | 53894 | ||||
| 0 to 1000 | $ 0 | 53895 | ||||
| 1,001 to 5000 | 100 | 53896 | ||||
| 5,001 to 50,000 | 200 | 53897 | ||||
| 50,001 to 100,000 | 300 | 53898 | ||||
| 100,001 to 300,000 | 525 | 53899 | ||||
| over 300,000 | 750 | 53900 |
| (b) Notwithstanding the fee schedule specified in division | 53901 |
| (L)(1)(a) of this section, the fee for a water discharge permit | 53902 |
| that is applicable to coal mining operations regulated under | 53903 |
| Chapter 1513. of the Revised Code shall be two hundred fifty | 53904 |
| dollars per mine. | 53905 |
| (c) Notwithstanding the fee schedule specified in division | 53906 |
| (L)(1)(a) of this section, the fee for a water discharge permit | 53907 |
| for a public discharger identified by I in the third character of | 53908 |
| the permittee's NPDES permit number shall not exceed seven hundred | 53909 |
| fifty dollars. | 53910 |
| (2) A person applying for a plan approval for a wastewater | 53911 |
| treatment works pursuant to section 6111.44, 6111.45, or 6111.46 | 53912 |
| of the Revised Code shall pay a fee of one hundred dollars plus | 53913 |
| sixty-five one-hundredths of one per cent of the estimated project | 53914 |
|
cost through June 30,
| 53915 |
| two-tenths of one per cent of the estimated project cost on and | 53916 |
|
after July 1,
| 53917 |
|
exceed
fifteen thousand dollars through June 30,
| 53918 |
|
five
thousand
dollars on and after July 1,
| 53919 |
| shall be paid at the time the application is submitted. | 53920 |
| (3) A person issued a modification of a water discharge | 53921 |
| permit shall pay a fee equal to one-half the fee that otherwise | 53922 |
| would be charged for a water discharge permit, except that the fee | 53923 |
| for the modification shall not exceed four hundred dollars. | 53924 |
| (4) A person who has entered into an agreement with the | 53925 |
| director under section 6111.14 of the Revised Code shall pay an | 53926 |
| administrative service fee for each plan submitted under that | 53927 |
| section for approval that shall not exceed the minimum amount | 53928 |
| necessary to pay administrative costs directly attributable to | 53929 |
| processing plan approvals. The director annually shall calculate | 53930 |
| the fee and shall notify all persons who have entered into | 53931 |
| agreements under that section, or who have applied for agreements, | 53932 |
| of the amount of the fee. | 53933 |
| (5)(a)(i) Not later than January 30,
| 53934 |
|
30,
| 53935 |
| pursuant to Chapter 6111. of the Revised Code with an average | 53936 |
| daily discharge flow of five thousand gallons or more shall pay a | 53937 |
| nonrefundable annual discharge fee. Any person who fails to pay | 53938 |
| the fee at that time shall pay an additional amount that equals | 53939 |
| ten per cent of the required annual discharge fee. | 53940 |
| (ii) The billing year for the annual discharge fee | 53941 |
| established in division (L)(5)(a)(i) of this section shall consist | 53942 |
| of a twelve-month period beginning on the first day of January of | 53943 |
| the year preceding the date when the annual discharge fee is due. | 53944 |
| In the case of an existing source that permanently ceases to | 53945 |
| discharge during a billing year, the director shall reduce the | 53946 |
| annual discharge fee, including the surcharge applicable to | 53947 |
| certain industrial facilities pursuant to division (L)(5)(c) of | 53948 |
| this section, by one-twelfth for each full month during the | 53949 |
| billing year that the source was not discharging, but only if the | 53950 |
| person holding the NPDES discharge permit for the source notifies | 53951 |
| the director in writing, not later than the first day of October | 53952 |
| of the billing year, of the circumstances causing the cessation of | 53953 |
| discharge. | 53954 |
| (iii) The annual discharge fee established in division | 53955 |
| (L)(5)(a)(i) of this section, except for the surcharge applicable | 53956 |
| to certain industrial facilities pursuant to division (L)(5)(c) of | 53957 |
| this section, shall be based upon the average daily discharge flow | 53958 |
| in gallons per day calculated using first day of May through | 53959 |
| thirty-first day of October flow data for the period two years | 53960 |
| prior to the date on which the fee is due. In the case of NPDES | 53961 |
| discharge permits for new sources, the fee shall be calculated | 53962 |
| using the average daily design flow of the facility until actual | 53963 |
| average daily discharge flow values are available for the time | 53964 |
| period specified in division (L)(5)(a)(iii) of this section. The | 53965 |
| annual discharge fee may be prorated for a new source as described | 53966 |
| in division (L)(5)(a)(ii) of this section. | 53967 |
| (b) An NPDES permit holder that is a public discharger shall | 53968 |
| pay the fee specified in the following schedule: | 53969 |
| Average daily | Fee due by | 53970 | ||||
| discharge flow | January 30, | 53971 | ||||
| |
53972 | |||||
| January 30, |
53973 |
| 5,000 to 49,999 | $ 200 | 53974 | ||||
| 50,000 to 100,000 | 500 | 53975 | ||||
| 100,001 to 250,000 | 1,050 | 53976 | ||||
| 250,001 to 1,000,000 | 2,600 | 53977 | ||||
| 1,000,001 to 5,000,000 | 5,200 | 53978 | ||||
| 5,000,001 to 10,000,000 | 10,350 | 53979 | ||||
| 10,000,001 to 20,000,000 | 15,550 | 53980 | ||||
| 20,000,001 to 50,000,000 | 25,900 | 53981 | ||||
| 50,000,001 to 100,000,000 | 41,400 | 53982 | ||||
| 100,000,001 or more | 62,100 | 53983 |
| Public dischargers owning or operating two or more publicly | 53984 |
| owned treatment works serving the same political subdivision, as | 53985 |
| "treatment works" is defined in section 6111.01 of the Revised | 53986 |
| Code, and that serve exclusively political subdivisions having a | 53987 |
| population of fewer than one hundred thousand shall pay an annual | 53988 |
| discharge fee under division (L)(5)(b) of this section that is | 53989 |
| based on the combined average daily discharge flow of the | 53990 |
| treatment works. | 53991 |
| (c) An NPDES permit holder that is an industrial discharger, | 53992 |
| other than a coal mining operator identified by P in the third | 53993 |
| character of the permittee's NPDES permit number, shall pay the | 53994 |
| fee specified in the following schedule: | 53995 |
| Average daily | Fee due by | 53996 | ||||
| discharge flow | January 30, | 53997 | ||||
| |
53998 | |||||
| January 30, |
53999 |
| 5,000 to 49,999 | $ 250 | 54000 | ||||
| 50,000 to 250,000 | 1,200 | 54001 | ||||
| 250,001 to 1,000,000 | 2,950 | 54002 | ||||
| 1,000,001 to 5,000,000 | 5,850 | 54003 | ||||
| 5,000,001 to 10,000,000 | 8,800 | 54004 | ||||
| 10,000,001 to 20,000,000 | 11,700 | 54005 | ||||
| 20,000,001 to 100,000,000 | 14,050 | 54006 | ||||
| 100,000,001 to 250,000,000 | 16,400 | 54007 | ||||
| 250,000,001 or more | 18,700 | 54008 |
| In addition to the fee specified in the above schedule, an | 54009 |
| NPDES permit holder that is an industrial discharger classified as | 54010 |
| a major discharger during all or part of the annual discharge fee | 54011 |
| billing year specified in division (L)(5)(a)(ii) of this section | 54012 |
| shall pay a nonrefundable annual surcharge of seven thousand five | 54013 |
|
hundred
dollars not later than
January 30,
| 54014 |
|
later
than
January 30, | 54015 |
| surcharge at that time shall pay an additional amount that equals | 54016 |
| ten per cent of the amount of the surcharge. | 54017 |
| (d) Notwithstanding divisions (L)(5)(b) and (c) of this | 54018 |
| section, a public discharger identified by I in the third | 54019 |
| character of the permittee's NPDES permit number and an industrial | 54020 |
| discharger identified by I, J, L, V, W, X, Y, or Z in the third | 54021 |
| character of the permittee's NPDES permit number shall pay a | 54022 |
| nonrefundable annual discharge fee of one hundred eighty dollars | 54023 |
|
not later than
January 30,
| 54024 |
|
30,
| 54025 |
| shall pay an additional amount that equals ten per cent of the | 54026 |
| required fee. | 54027 |
| (6) Each person obtaining a national pollutant discharge | 54028 |
| elimination system general or individual permit for municipal | 54029 |
| storm water discharge shall pay a nonrefundable storm water | 54030 |
| discharge fee of one hundred dollars per square mile of area | 54031 |
| permitted. The fee shall not exceed ten thousand dollars and shall | 54032 |
| be payable on or before January 30, 2004, and the thirtieth day of | 54033 |
| January of each year thereafter. Any person who fails to pay the | 54034 |
| fee on the date specified in division (L)(6) of this section shall | 54035 |
| pay an additional amount per year equal to ten per cent of the | 54036 |
| annual fee that is unpaid. | 54037 |
| (7) The director shall transmit all moneys collected under | 54038 |
| division (L) of this section to the treasurer of state for deposit | 54039 |
| into the state treasury to the credit of the surface water | 54040 |
| protection fund created in section 6111.038 of the Revised Code. | 54041 |
| (8) As used in division (L) of this section: | 54042 |
| (a) "NPDES" means the federally approved national pollutant | 54043 |
| discharge elimination system program for issuing, modifying, | 54044 |
| revoking, reissuing, terminating, monitoring, and enforcing | 54045 |
| permits and imposing and enforcing pretreatment requirements under | 54046 |
| Chapter 6111. of the Revised Code and rules adopted under it. | 54047 |
| (b) "Public discharger" means any holder of an NPDES permit | 54048 |
| identified by P in the second character of the NPDES permit number | 54049 |
| assigned by the director. | 54050 |
| (c) "Industrial discharger" means any holder of an NPDES | 54051 |
| permit identified by I in the second character of the NPDES permit | 54052 |
| number assigned by the director. | 54053 |
| (d) "Major discharger" means any holder of an NPDES permit | 54054 |
| classified as major by the regional administrator of the United | 54055 |
| States environmental protection agency in conjunction with the | 54056 |
| director. | 54057 |
| (M) Through June 30,
| 54058 |
| license or license renewal to operate a public water system under | 54059 |
| section 6109.21 of the Revised Code shall pay the appropriate fee | 54060 |
| established under this division at the time of application to the | 54061 |
| director. Any person who fails to pay the fee at that time shall | 54062 |
| pay an additional amount that equals ten per cent of the required | 54063 |
| fee. The director shall transmit all moneys collected under this | 54064 |
| division to the treasurer of state for deposit into the drinking | 54065 |
| water protection fund created in section 6109.30 of the Revised | 54066 |
| Code. | 54067 |
| Except as provided in division (M)(4) of this section, fees | 54068 |
| required under this division shall be calculated and paid in | 54069 |
| accordance with the following schedule: | 54070 |
| (1) For the initial license required under division (A)(1) of | 54071 |
| section 6109.21 of the Revised Code for any public water system | 54072 |
| that is a community water system as defined in section 6109.01 of | 54073 |
| the Revised Code, and for each license renewal required for such a | 54074 |
|
system prior to January 31,
| 54075 |
| Number of service connections | Fee amount | 54076 | |||
| Not more than 49 | $ 112 | 54077 | |||
| 50 to 99 | 176 | 54078 |
| Number of service connections | Average cost per connection | 54079 | ||||
| 100 to 2,499 | $ 1.92 | 54080 | ||||
| 2,500 to 4,999 | 1.48 | 54081 | ||||
| 5,000 to 7,499 | 1.42 | 54082 | ||||
| 7,500 to 9,999 | 1.34 | 54083 | ||||
| 10,000 to 14,999 | 1.16 | 54084 | ||||
| 15,000 to 24,999 | 1.10 | 54085 | ||||
| 25,000 to 49,999 | 1.04 | 54086 | ||||
| 50,000 to 99,999 | .92 | 54087 | ||||
| 100,000 to 149,999 | .86 | 54088 | ||||
| 150,000 to 199,999 | .80 | 54089 | ||||
| 200,000 or more | .76 | 54090 |
| A public water system may determine how it will pay the total | 54091 |
| amount of the fee calculated under division (M)(1) of this | 54092 |
| section, including the assessment of additional user fees that may | 54093 |
| be assessed on a volumetric basis. | 54094 |
| As used in division (M)(1) of this section, "service | 54095 |
| connection" means the number of active or inactive pipes, | 54096 |
| goosenecks, pigtails, and any other fittings connecting a water | 54097 |
| main to any building outlet. | 54098 |
| (2) For the initial license required under division (A)(2) of | 54099 |
| section 6109.21 of the Revised Code for any public water system | 54100 |
| that is not a community water system and serves a nontransient | 54101 |
| population, and for each license renewal required for such a | 54102 |
|
system prior to January 31,
| 54103 |
| Population served | Fee amount | 54104 | ||||
| Fewer than 150 | $ 112 | 54105 | ||||
| 150 to 299 | 176 | 54106 | ||||
| 300 to 749 | 384 | 54107 | ||||
| 750 to 1,499 | 628 | 54108 | ||||
| 1,500 to 2,999 | 1,268 | 54109 | ||||
| 3,000 to 7,499 | 2,816 | 54110 | ||||
| 7,500 to 14,999 | 5,510 | 54111 | ||||
| 15,000 to 22,499 | 9,048 | 54112 | ||||
| 22,500 to 29,999 | 12,430 | 54113 | ||||
| 30,000 or more | 16,820 | 54114 |
| As used in division (M)(2) of this section, "population | 54115 |
| served" means the total number of individuals receiving water from | 54116 |
| the water supply during a twenty-four-hour period for at least | 54117 |
| sixty days during any calendar year. In the absence of a specific | 54118 |
| population count, that number shall be calculated at the rate of | 54119 |
| three individuals per service connection. | 54120 |
| (3) For the initial license required under division (A)(3) of | 54121 |
| section 6109.21 of the Revised Code for any public water system | 54122 |
| that is not a community water system and serves a transient | 54123 |
| population, and for each license renewal required for such a | 54124 |
|
system prior to January 31,
| 54125 |
| Number of wells supplying system | Fee amount | 54126 | ||||
| 1 | $112 | 54127 | ||||
| 2 | 112 | 54128 | ||||
| 3 | 176 | 54129 | ||||
| 4 | 278 | 54130 | ||||
| 5 | 568 | 54131 | ||||
| System designated as using a | 54132 | |||||
| surface water source | 792 | 54133 |
| As used in division (M)(3) of this section, "number of wells | 54134 |
| supplying system" means those wells that are physically connected | 54135 |
| to the plumbing system serving the public water system. | 54136 |
| (4) A public water system designated as using a surface water | 54137 |
| source shall pay a fee of seven hundred ninety-two dollars or the | 54138 |
| amount calculated under division (M)(1) or (2) of this section, | 54139 |
| whichever is greater. | 54140 |
| (N)(1) A person applying for a plan approval for a public | 54141 |
| water supply system under section 6109.07 of the Revised Code | 54142 |
| shall pay a fee of one hundred fifty dollars plus thirty-five | 54143 |
| hundredths of one per cent of the estimated project cost, except | 54144 |
| that the total fee shall not exceed twenty thousand dollars | 54145 |
|
through June 30,
| 54146 |
|
after
July 1,
| 54147 |
| application is submitted. | 54148 |
| (2) A person who has entered into an agreement with the | 54149 |
| director under division (A)(2) of section 6109.07 of the Revised | 54150 |
| Code shall pay an administrative service fee for each plan | 54151 |
| submitted under that section for approval that shall not exceed | 54152 |
| the minimum amount necessary to pay administrative costs directly | 54153 |
| attributable to processing plan approvals. The director annually | 54154 |
| shall calculate the fee and shall notify all persons that have | 54155 |
| entered into agreements under that division, or who have applied | 54156 |
| for agreements, of the amount of the fee. | 54157 |
| (3) Through June 30,
| 54158 |
| survey basis, shall be charged any person for services rendered by | 54159 |
| the state in the evaluation of laboratories and laboratory | 54160 |
| personnel for compliance with accepted analytical techniques and | 54161 |
| procedures established pursuant to Chapter 6109. of the Revised | 54162 |
| Code for determining the qualitative characteristics of water: | 54163 |
| microbiological | 54164 | ||||||
| MMO-MUG | $2,000 | 54165 | |||||
| MF | 2,100 | 54166 | |||||
| MMO-MUG and MF | 2,550 | 54167 | |||||
| organic chemical | 5,400 | 54168 | |||||
| trace metals | 5,400 | 54169 | |||||
| standard chemistry | 2,800 | 54170 | |||||
| limited chemistry | 1,550 | 54171 | |||||
| On and after July 1,
| 54172 |
| survey basis, shall be charged any such person: | 54173 |
| microbiological | $ 1,650 | 54174 | ||||
| organic chemicals | 3,500 | 54175 | ||||
| trace metals | 3,500 | 54176 | ||||
| standard chemistry | 1,800 | 54177 | ||||
| limited chemistry | 1,000 | 54178 |
| The fee for those services shall be paid at the time the request | 54179 |
|
for the survey is made. Through June 30,
| 54180 |
| laboratory shall not be assessed a fee under this division more | 54181 |
| than once in any three-year period unless the person requests the | 54182 |
| addition of analytical methods or analysts, in which case the | 54183 |
| person shall pay eighteen hundred dollars for each additional | 54184 |
| survey requested. | 54185 |
| As used in division (N)(3) of this section: | 54186 |
| (a) "MF" means microfiltration. | 54187 |
| (b) "MMO" means minimal medium ONPG. | 54188 |
| (c) "MUG" means 4-methylumbelliferyl-beta-D-glucuronide. | 54189 |
| (d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside. | 54190 |
| The director shall transmit all moneys collected under this | 54191 |
| division to the treasurer of state for deposit into the drinking | 54192 |
| water protection fund created in section 6109.30 of the Revised | 54193 |
| Code. | 54194 |
| (O) Any person applying to the director for examination for | 54195 |
| certification as an operator of a water supply system or | 54196 |
| wastewater system under Chapter 6109. or 6111. of the Revised | 54197 |
| Code, at the time the application is submitted, shall pay an | 54198 |
|
application fee of forty-five dollars through November 30,
| 54199 |
| 2012,
and twenty-five dollars on and after December 1, | 54200 |
| Upon approval from the director that the applicant is eligible to | 54201 |
| take the examination therefor, the applicant shall pay a fee in | 54202 |
|
accordance with the following schedule through November 30,
| 54203 |
| 2012: | 54204 |
| Class A operator | $35 | 54205 | ||||
| Class I operator | 60 | 54206 | ||||
| Class II operator | 75 | 54207 | ||||
| Class III operator | 85 | 54208 | ||||
| Class IV operator | 100 | 54209 |
| On and after December 1,
| 54210 |
| fee in accordance with the following schedule: | 54211 |
| Class A operator | $25 | 54212 | ||||
| Class I operator | $45 | 54213 | ||||
| Class II operator | 55 | 54214 | ||||
| Class III operator | 65 | 54215 | ||||
| Class IV operator | 75 | 54216 |
| A person shall pay a biennial certification renewal fee for | 54217 |
| each applicable class of certification in accordance with the | 54218 |
| following schedule: | 54219 |
| Class A operator | $25 | 54220 | ||||
| Class I operator | 35 | 54221 | ||||
| Class II operator | 45 | 54222 | ||||
| Class III operator | 55 | 54223 | ||||
| Class IV operator | 65 | 54224 |
| If a certification renewal fee is received by the director | 54225 |
| more than thirty days, but not more than one year after the | 54226 |
| expiration date of the certification, the person shall pay a | 54227 |
| certification renewal fee in accordance with the following | 54228 |
| schedule: | 54229 |
| Class A operator | $45 | 54230 | ||||
| Class I operator | 55 | 54231 | ||||
| Class II operator | 65 | 54232 | ||||
| Class III operator | 75 | 54233 | ||||
| Class IV operator | 85 | 54234 |
| A person who requests a replacement certificate shall pay a | 54235 |
| fee of twenty-five dollars at the time the request is made. | 54236 |
| The director shall transmit all moneys collected under this | 54237 |
| division to the treasurer of state for deposit into the drinking | 54238 |
| water protection fund created in section 6109.30 of the Revised | 54239 |
| Code. | 54240 |
| (P) Any person submitting an application for an industrial | 54241 |
| water pollution control certificate under section 6111.31 of the | 54242 |
| Revised Code, as that section existed before its repeal by H.B. 95 | 54243 |
| of the 125th general assembly, shall pay a nonrefundable fee of | 54244 |
| five hundred dollars at the time the application is submitted. The | 54245 |
| director shall transmit all moneys collected under this division | 54246 |
| to the treasurer of state for deposit into the surface water | 54247 |
| protection fund created in section 6111.038 of the Revised Code. A | 54248 |
| person paying a certificate fee under this division shall not pay | 54249 |
| an application fee under division (S)(1) of this section. On and | 54250 |
| after June 26, 2003, persons shall file such applications and pay | 54251 |
| the fee as required under sections 5709.20 to 5709.27 of the | 54252 |
| Revised Code, and proceeds from the fee shall be credited as | 54253 |
| provided in section 5709.212 of the Revised Code. | 54254 |
| (Q) Except as otherwise provided in division (R) of this | 54255 |
| section, a person issued a permit by the director for a new solid | 54256 |
| waste disposal facility other than an incineration or composting | 54257 |
| facility, a new infectious waste treatment facility other than an | 54258 |
| incineration facility, or a modification of such an existing | 54259 |
| facility that includes an increase in the total disposal or | 54260 |
| treatment capacity of the facility pursuant to Chapter 3734. of | 54261 |
| the Revised Code shall pay a fee of ten dollars per thousand cubic | 54262 |
| yards of disposal or treatment capacity, or one thousand dollars, | 54263 |
| whichever is greater, except that the total fee for any such | 54264 |
| permit shall not exceed eighty thousand dollars. A person issued a | 54265 |
| modification of a permit for a solid waste disposal facility or an | 54266 |
| infectious waste treatment facility that does not involve an | 54267 |
| increase in the total disposal or treatment capacity of the | 54268 |
| facility shall pay a fee of one thousand dollars. A person issued | 54269 |
| a permit to install a new, or modify an existing, solid waste | 54270 |
| transfer facility under that chapter shall pay a fee of two | 54271 |
| thousand five hundred dollars. A person issued a permit to install | 54272 |
| a new or to modify an existing solid waste incineration or | 54273 |
| composting facility, or an existing infectious waste treatment | 54274 |
| facility using incineration as its principal method of treatment, | 54275 |
| under that chapter shall pay a fee of one thousand dollars. The | 54276 |
| increases in the permit fees under this division resulting from | 54277 |
| the amendments made by Amended Substitute House Bill 592 of the | 54278 |
| 117th general assembly do not apply to any person who submitted an | 54279 |
| application for a permit to install a new, or modify an existing, | 54280 |
| solid waste disposal facility under that chapter prior to | 54281 |
| September 1, 1987; any such person shall pay the permit fee | 54282 |
| established in this division as it existed prior to June 24, 1988. | 54283 |
| In addition to the applicable permit fee under this division, a | 54284 |
| person issued a permit to install or modify a solid waste facility | 54285 |
| or an infectious waste treatment facility under that chapter who | 54286 |
| fails to pay the permit fee to the director in compliance with | 54287 |
| division (V) of this section shall pay an additional ten per cent | 54288 |
| of the amount of the fee for each week that the permit fee is | 54289 |
| late. | 54290 |
| Permit and late payment fees paid to the director under this | 54291 |
| division shall be credited to the general revenue fund. | 54292 |
| (R)(1) A person issued a registration certificate for a scrap | 54293 |
| tire collection facility under section 3734.75 of the Revised Code | 54294 |
| shall pay a fee of two hundred dollars, except that if the | 54295 |
| facility is owned or operated by a motor vehicle salvage dealer | 54296 |
| licensed under Chapter 4738. of the Revised Code, the person shall | 54297 |
| pay a fee of twenty-five dollars. | 54298 |
| (2) A person issued a registration certificate for a new | 54299 |
| scrap tire storage facility under section 3734.76 of the Revised | 54300 |
| Code shall pay a fee of three hundred dollars, except that if the | 54301 |
| facility is owned or operated by a motor vehicle salvage dealer | 54302 |
| licensed under Chapter 4738. of the Revised Code, the person shall | 54303 |
| pay a fee of twenty-five dollars. | 54304 |
| (3) A person issued a permit for a scrap tire storage | 54305 |
| facility under section 3734.76 of the Revised Code shall pay a fee | 54306 |
| of one thousand dollars, except that if the facility is owned or | 54307 |
| operated by a motor vehicle salvage dealer licensed under Chapter | 54308 |
| 4738. of the Revised Code, the person shall pay a fee of fifty | 54309 |
| dollars. | 54310 |
| (4) A person issued a permit for a scrap tire monocell or | 54311 |
| monofill facility under section 3734.77 of the Revised Code shall | 54312 |
| pay a fee of ten dollars per thousand cubic yards of disposal | 54313 |
| capacity or one thousand dollars, whichever is greater, except | 54314 |
| that the total fee for any such permit shall not exceed eighty | 54315 |
| thousand dollars. | 54316 |
| (5) A person issued a registration certificate for a scrap | 54317 |
| tire recovery facility under section 3734.78 of the Revised Code | 54318 |
| shall pay a fee of one hundred dollars. | 54319 |
| (6) A person issued a permit for a scrap tire recovery | 54320 |
| facility under section 3734.78 of the Revised Code shall pay a fee | 54321 |
| of one thousand dollars. | 54322 |
| (7) In addition to the applicable registration certificate or | 54323 |
| permit fee under divisions (R)(1) to (6) of this section, a person | 54324 |
| issued a registration certificate or permit for any such scrap | 54325 |
| tire facility who fails to pay the registration certificate or | 54326 |
| permit fee to the director in compliance with division (V) of this | 54327 |
| section shall pay an additional ten per cent of the amount of the | 54328 |
| fee for each week that the fee is late. | 54329 |
| (8) The registration certificate, permit, and late payment | 54330 |
| fees paid to the director under divisions (R)(1) to (7) of this | 54331 |
| section shall be credited to the scrap tire management fund | 54332 |
| created in section 3734.82 of the Revised Code. | 54333 |
| (S)(1) Except as provided by divisions (L), (M), (N), (O), | 54334 |
| (P), and (S)(2) of this section, division (A)(2) of section | 54335 |
| 3734.05 of the Revised Code, section 3734.79 of the Revised Code, | 54336 |
| and rules adopted under division (T)(1) of this section, any | 54337 |
| person applying for a registration certificate under section | 54338 |
| 3734.75, 3734.76, or 3734.78 of the Revised Code or a permit, | 54339 |
| variance, or plan approval under Chapter 3734. of the Revised Code | 54340 |
| shall pay a nonrefundable fee of fifteen dollars at the time the | 54341 |
| application is submitted. | 54342 |
| Except as otherwise provided, any person applying for a | 54343 |
| permit, variance, or plan approval under Chapter 6109. or 6111. of | 54344 |
| the Revised Code shall pay a nonrefundable fee of one hundred | 54345 |
| dollars at the time the application is submitted through June 30, | 54346 |
| 54347 | |
|
the
application is submitted on and after July 1,
| 54348 |
|
Through June
30,
| 54349 |
| pollutant discharge elimination system permit under Chapter 6111. | 54350 |
| of the Revised Code shall pay a nonrefundable fee of two hundred | 54351 |
| dollars at the time of application for the permit. On and after | 54352 |
|
July 1,
| 54353 |
| fifteen dollars at the time of application. | 54354 |
| In addition to the application fee established under division | 54355 |
| (S)(1) of this section, any person applying for a national | 54356 |
| pollutant discharge elimination system general storm water | 54357 |
| construction permit shall pay a nonrefundable fee of twenty | 54358 |
| dollars per acre for each acre that is permitted above five acres | 54359 |
| at the time the application is submitted. However, the per acreage | 54360 |
| fee shall not exceed three hundred dollars. In addition, any | 54361 |
| person applying for a national pollutant discharge elimination | 54362 |
| system general storm water industrial permit shall pay a | 54363 |
| nonrefundable fee of one hundred fifty dollars at the time the | 54364 |
| application is submitted. | 54365 |
| The director shall transmit all moneys collected under | 54366 |
| division (S)(1) of this section pursuant to Chapter 6109. of the | 54367 |
| Revised Code to the treasurer of state for deposit into the | 54368 |
| drinking water protection fund created in section 6109.30 of the | 54369 |
| Revised Code. | 54370 |
| The director shall transmit all moneys collected under | 54371 |
| division (S)(1) of this section pursuant to Chapter 6111. of the | 54372 |
| Revised Code to the treasurer of state for deposit into the | 54373 |
| surface water protection fund created in section 6111.038 of the | 54374 |
| Revised Code. | 54375 |
| If a registration certificate is issued under section | 54376 |
| 3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of | 54377 |
| the application fee paid shall be deducted from the amount of the | 54378 |
| registration certificate fee due under division (R)(1), (2), or | 54379 |
| (5) of this section, as applicable. | 54380 |
| If a person submits an electronic application for a | 54381 |
| registration certificate, permit, variance, or plan approval for | 54382 |
| which an application fee is established under division (S)(1) of | 54383 |
| this section, the person shall pay the applicable application fee | 54384 |
| as expeditiously as possible after the submission of the | 54385 |
| electronic application. An application for a registration | 54386 |
| certificate, permit, variance, or plan approval for which an | 54387 |
| application fee is established under division (S)(1) of this | 54388 |
| section shall not be reviewed or processed until the applicable | 54389 |
| application fee, and any other fees established under this | 54390 |
| division, are paid. | 54391 |
| (2) Division (S)(1) of this section does not apply to an | 54392 |
| application for a registration certificate for a scrap tire | 54393 |
| collection or storage facility submitted under section 3734.75 or | 54394 |
| 3734.76 of the Revised Code, as applicable, if the owner or | 54395 |
| operator of the facility or proposed facility is a motor vehicle | 54396 |
| salvage dealer licensed under Chapter 4738. of the Revised Code. | 54397 |
| (T) The director may adopt, amend, and rescind rules in | 54398 |
| accordance with Chapter 119. of the Revised Code that do all of | 54399 |
| the following: | 54400 |
| (1) Prescribe fees to be paid by applicants for and holders | 54401 |
| of any license, permit, variance, plan approval, or certification | 54402 |
| required or authorized by Chapter 3704., 3734., 6109., or 6111. of | 54403 |
| the Revised Code that are not specifically established in this | 54404 |
| section. The fees shall be designed to defray the cost of | 54405 |
| processing, issuing, revoking, modifying, denying, and enforcing | 54406 |
| the licenses, permits, variances, plan approvals, and | 54407 |
| certifications. | 54408 |
| The director shall transmit all moneys collected under rules | 54409 |
| adopted under division (T)(1) of this section pursuant to Chapter | 54410 |
| 6109. of the Revised Code to the treasurer of state for deposit | 54411 |
| into the drinking water protection fund created in section 6109.30 | 54412 |
| of the Revised Code. | 54413 |
| The director shall transmit all moneys collected under rules | 54414 |
| adopted under division (T)(1) of this section pursuant to Chapter | 54415 |
| 6111. of the Revised Code to the treasurer of state for deposit | 54416 |
| into the surface water protection fund created in section 6111.038 | 54417 |
| of the Revised Code. | 54418 |
| (2) Exempt the state and political subdivisions thereof, | 54419 |
| including education facilities or medical facilities owned by the | 54420 |
| state or a political subdivision, or any person exempted from | 54421 |
| taxation by section 5709.07 or 5709.12 of the Revised Code, from | 54422 |
| any fee required by this section; | 54423 |
| (3) Provide for the waiver of any fee, or any part thereof, | 54424 |
| otherwise required by this section whenever the director | 54425 |
| determines that the imposition of the fee would constitute an | 54426 |
| unreasonable cost of doing business for any applicant, class of | 54427 |
| applicants, or other person subject to the fee; | 54428 |
| (4) Prescribe measures that the director considers necessary | 54429 |
| to carry out this section. | 54430 |
| (U) When the director reasonably demonstrates that the direct | 54431 |
| cost to the state associated with the issuance of a permit to | 54432 |
| install, license, variance, plan approval, or certification | 54433 |
| exceeds the fee for the issuance or review specified by this | 54434 |
| section, the director may condition the issuance or review on the | 54435 |
| payment by the person receiving the issuance or review of, in | 54436 |
| addition to the fee specified by this section, the amount, or any | 54437 |
| portion thereof, in excess of the fee specified under this | 54438 |
| section. The director shall not so condition issuances for which | 54439 |
| fees are prescribed in divisions (B)(7) and (L)(1)(b) of this | 54440 |
| section. | 54441 |
| (V) Except as provided in divisions (L), (M), and (P) of this | 54442 |
| section or unless otherwise prescribed by a rule of the director | 54443 |
| adopted pursuant to Chapter 119. of the Revised Code, all fees | 54444 |
| required by this section are payable within thirty days after the | 54445 |
| issuance of an invoice for the fee by the director or the | 54446 |
| effective date of the issuance of the license, permit, variance, | 54447 |
| plan approval, or certification. If payment is late, the person | 54448 |
| responsible for payment of the fee shall pay an additional ten per | 54449 |
| cent of the amount due for each month that it is late. | 54450 |
| (W) As used in this section, "fuel-burning equipment," | 54451 |
| "fuel-burning equipment input capacity," "incinerator," | 54452 |
| "incinerator input capacity," "process," "process weight rate," | 54453 |
| "storage tank," "gasoline dispensing facility," "dry cleaning | 54454 |
| facility," "design flow discharge," and "new source treatment | 54455 |
| works" have the meanings ascribed to those terms by applicable | 54456 |
| rules or standards adopted by the director under Chapter 3704. or | 54457 |
| 6111. of the Revised Code. | 54458 |
| (X) As used in divisions (B), (C), (D), (E), (F), (H), (I), | 54459 |
| and (J) of this section, and in any other provision of this | 54460 |
| section pertaining to fees paid pursuant to Chapter 3704. of the | 54461 |
| Revised Code: | 54462 |
| (1) "Facility," "federal Clean Air Act," "person," and "Title | 54463 |
| V permit" have the same meanings as in section 3704.01 of the | 54464 |
| Revised Code. | 54465 |
| (2) "Title V permit program" means the following activities | 54466 |
| as necessary to meet the requirements of Title V of the federal | 54467 |
| Clean Air Act and 40 C.F.R. part 70, including at least: | 54468 |
| (a) Preparing and adopting, if applicable, generally | 54469 |
| applicable rules or guidance regarding the permit program or its | 54470 |
| implementation or enforcement; | 54471 |
| (b) Reviewing and acting on any application for a Title V | 54472 |
| permit, permit revision, or permit renewal, including the | 54473 |
| development of an applicable requirement as part of the processing | 54474 |
| of a permit, permit revision, or permit renewal; | 54475 |
| (c) Administering the permit program, including the | 54476 |
| supporting and tracking of permit applications, compliance | 54477 |
| certification, and related data entry; | 54478 |
| (d) Determining which sources are subject to the program and | 54479 |
| implementing and enforcing the terms of any Title V permit, not | 54480 |
| including any court actions or other formal enforcement actions; | 54481 |
| (e) Emission and ambient monitoring; | 54482 |
| (f) Modeling, analyses, or demonstrations; | 54483 |
| (g) Preparing inventories and tracking emissions; | 54484 |
| (h) Providing direct and indirect support to small business | 54485 |
| stationary sources to determine and meet their obligations under | 54486 |
| the federal Clean Air Act pursuant to the small business | 54487 |
| stationary source technical and environmental compliance | 54488 |
| assistance program required by section 507 of that act and | 54489 |
| established in sections 3704.18, 3704.19, and 3706.19 of the | 54490 |
| Revised Code. | 54491 |
| (Y)(1) Except as provided in divisions (Y)(2), (3), and (4) | 54492 |
| of this section, each sewage sludge facility shall pay a | 54493 |
| nonrefundable annual sludge fee equal to three dollars and fifty | 54494 |
| cents per dry ton of sewage sludge, including the dry tons of | 54495 |
| sewage sludge in materials derived from sewage sludge, that the | 54496 |
| sewage sludge facility treats or disposes of in this state. The | 54497 |
| annual volume of sewage sludge treated or disposed of by a sewage | 54498 |
| sludge facility shall be calculated using the first day of January | 54499 |
| through the thirty-first day of December of the calendar year | 54500 |
| preceding the date on which payment of the fee is due. | 54501 |
| (2)(a) Except as provided in division (Y)(2)(d) of this | 54502 |
| section, each sewage sludge facility shall pay a minimum annual | 54503 |
| sewage sludge fee of one hundred dollars. | 54504 |
| (b) The annual sludge fee required to be paid by a sewage | 54505 |
| sludge facility that treats or disposes of exceptional quality | 54506 |
| sludge in this state shall be thirty-five per cent less per dry | 54507 |
| ton of exceptional quality sludge than the fee assessed under | 54508 |
| division (Y)(1) of this section, subject to the following | 54509 |
| exceptions: | 54510 |
| (i) Except as provided in division (Y)(2)(d) of this section, | 54511 |
| a sewage sludge facility that treats or disposes of exceptional | 54512 |
| quality sludge shall pay a minimum annual sewage sludge fee of one | 54513 |
| hundred dollars. | 54514 |
| (ii) A sewage sludge facility that treats or disposes of | 54515 |
| exceptional quality sludge shall not be required to pay the annual | 54516 |
| sludge fee for treatment or disposal in this state of exceptional | 54517 |
| quality sludge generated outside of this state and contained in | 54518 |
| bags or other containers not greater than one hundred pounds in | 54519 |
| capacity. | 54520 |
| A thirty-five per cent reduction for exceptional quality | 54521 |
| sludge applies to the maximum annual fees established under | 54522 |
| division (Y)(3) of this section. | 54523 |
| (c) A sewage sludge facility that transfers sewage sludge to | 54524 |
| another sewage sludge facility in this state for further treatment | 54525 |
| prior to disposal in this state shall not be required to pay the | 54526 |
| annual sludge fee for the tons of sewage sludge that have been | 54527 |
| transferred. In such a case, the sewage sludge facility that | 54528 |
| disposes of the sewage sludge shall pay the annual sludge fee. | 54529 |
| However, the facility transferring the sewage sludge shall pay the | 54530 |
| one-hundred-dollar minimum fee required under division (Y)(2)(a) | 54531 |
| of this section. | 54532 |
| In the case of a sewage sludge facility that treats sewage | 54533 |
| sludge in this state and transfers it out of this state to another | 54534 |
| entity for disposal, the sewage sludge facility in this state | 54535 |
| shall be required to pay the annual sludge fee for the tons of | 54536 |
| sewage sludge that have been transferred. | 54537 |
| (d) A sewage sludge facility that generates sewage sludge | 54538 |
| resulting from an average daily discharge flow of less than five | 54539 |
| thousand gallons per day is not subject to the fees assessed under | 54540 |
| division (Y) of this section. | 54541 |
| (3) No sewage sludge facility required to pay the annual | 54542 |
| sludge fee shall be required to pay more than the maximum annual | 54543 |
| fee for each disposal method that the sewage sludge facility uses. | 54544 |
| The maximum annual fee does not include the additional amount that | 54545 |
| may be charged under division (Y)(5) of this section for late | 54546 |
| payment of the annual sludge fee. The maximum annual fee for the | 54547 |
| following methods of disposal of sewage sludge is as follows: | 54548 |
| (a) Incineration: five thousand dollars; | 54549 |
| (b) Preexisting land reclamation project or disposal in a | 54550 |
| landfill: five thousand dollars; | 54551 |
| (c) Land application, land reclamation, surface disposal, or | 54552 |
| any other disposal method not specified in division (Y)(3)(a) or | 54553 |
| (b) of this section: twenty thousand dollars. | 54554 |
| (4)(a) In the case of an entity that generates sewage sludge | 54555 |
| or a sewage sludge facility that treats sewage sludge and | 54556 |
| transfers the sewage sludge to an incineration facility for | 54557 |
| disposal, the incineration facility, and not the entity generating | 54558 |
| the sewage sludge or the sewage sludge facility treating the | 54559 |
| sewage sludge, shall pay the annual sludge fee for the tons of | 54560 |
| sewage sludge that are transferred. However, the entity or | 54561 |
| facility generating or treating the sewage sludge shall pay the | 54562 |
| one-hundred-dollar minimum fee required under division (Y)(2)(a) | 54563 |
| of this section. | 54564 |
| (b) In the case of an entity that generates sewage sludge and | 54565 |
| transfers the sewage sludge to a landfill for disposal or to a | 54566 |
| sewage sludge facility for land reclamation or surface disposal, | 54567 |
| the entity generating the sewage sludge, and not the landfill or | 54568 |
| sewage sludge facility, shall pay the annual sludge fee for the | 54569 |
| tons of sewage sludge that are transferred. | 54570 |
| (5) Not later than the first day of April of the calendar | 54571 |
| year following March 17, 2000, and each first day of April | 54572 |
| thereafter, the director shall issue invoices to persons who are | 54573 |
| required to pay the annual sludge fee. The invoice shall identify | 54574 |
| the nature and amount of the annual sludge fee assessed and state | 54575 |
| the first day of May as the deadline for receipt by the director | 54576 |
| of objections regarding the amount of the fee and the first day of | 54577 |
| July as the deadline for payment of the fee. | 54578 |
| Not later than the first day of May following receipt of an | 54579 |
| invoice, a person required to pay the annual sludge fee may submit | 54580 |
| objections to the director concerning the accuracy of information | 54581 |
| regarding the number of dry tons of sewage sludge used to | 54582 |
| calculate the amount of the annual sludge fee or regarding whether | 54583 |
| the sewage sludge qualifies for the exceptional quality sludge | 54584 |
| discount established in division (Y)(2)(b) of this section. The | 54585 |
| director may consider the objections and adjust the amount of the | 54586 |
| fee to ensure that it is accurate. | 54587 |
| If the director does not adjust the amount of the annual | 54588 |
| sludge fee in response to a person's objections, the person may | 54589 |
| appeal the director's determination in accordance with Chapter | 54590 |
| 119. of the Revised Code. | 54591 |
| Not later than the first day of June, the director shall | 54592 |
| notify the objecting person regarding whether the director has | 54593 |
| found the objections to be valid and the reasons for the finding. | 54594 |
| If the director finds the objections to be valid and adjusts the | 54595 |
| amount of the annual sludge fee accordingly, the director shall | 54596 |
| issue with the notification a new invoice to the person | 54597 |
| identifying the amount of the annual sludge fee assessed and | 54598 |
| stating the first day of July as the deadline for payment. | 54599 |
| Not later than the first day of July, any person who is | 54600 |
| required to do so shall pay the annual sludge fee. Any person who | 54601 |
| is required to pay the fee, but who fails to do so on or before | 54602 |
| that date shall pay an additional amount that equals ten per cent | 54603 |
| of the required annual sludge fee. | 54604 |
| (6) The director shall transmit all moneys collected under | 54605 |
| division (Y) of this section to the treasurer of state for deposit | 54606 |
| into the surface water protection fund created in section 6111.038 | 54607 |
| of the Revised Code. The moneys shall be used to defray the costs | 54608 |
| of administering and enforcing provisions in Chapter 6111. of the | 54609 |
| Revised Code and rules adopted under it that govern the use, | 54610 |
| storage, treatment, or disposal of sewage sludge. | 54611 |
| (7) Beginning in fiscal year 2001, and every two years | 54612 |
| thereafter, the director shall review the total amount of moneys | 54613 |
| generated by the annual sludge fees to determine if that amount | 54614 |
| exceeded six hundred thousand dollars in either of the two | 54615 |
| preceding fiscal years. If the total amount of moneys in the fund | 54616 |
| exceeded six hundred thousand dollars in either fiscal year, the | 54617 |
| director, after review of the fee structure and consultation with | 54618 |
| affected persons, shall issue an order reducing the amount of the | 54619 |
| fees levied under division (Y) of this section so that the | 54620 |
| estimated amount of moneys resulting from the fees will not exceed | 54621 |
| six hundred thousand dollars in any fiscal year. | 54622 |
| If, upon review of the fees under division (Y)(7) of this | 54623 |
| section and after the fees have been reduced, the director | 54624 |
| determines that the total amount of moneys collected and | 54625 |
| accumulated is less than six hundred thousand dollars, the | 54626 |
| director, after review of the fee structure and consultation with | 54627 |
| affected persons, may issue an order increasing the amount of the | 54628 |
| fees levied under division (Y) of this section so that the | 54629 |
| estimated amount of moneys resulting from the fees will be | 54630 |
| approximately six hundred thousand dollars. Fees shall never be | 54631 |
| increased to an amount exceeding the amount specified in division | 54632 |
| (Y)(7) of this section. | 54633 |
| Notwithstanding section 119.06 of the Revised Code, the | 54634 |
| director may issue an order under division (Y)(7) of this section | 54635 |
| without the necessity to hold an adjudicatory hearing in | 54636 |
| connection with the order. The issuance of an order under this | 54637 |
| division is not an act or action for purposes of section 3745.04 | 54638 |
| of the Revised Code. | 54639 |
| (8) As used in division (Y) of this section: | 54640 |
| (a) "Sewage sludge facility" means an entity that performs | 54641 |
| treatment on or is responsible for the disposal of sewage sludge. | 54642 |
| (b) "Sewage sludge" means a solid, semi-solid, or liquid | 54643 |
| residue generated during the treatment of domestic sewage in a | 54644 |
| treatment works as defined in section 6111.01 of the Revised Code. | 54645 |
| "Sewage sludge" includes, but is not limited to, scum or solids | 54646 |
| removed in primary, secondary, or advanced wastewater treatment | 54647 |
| processes. "Sewage sludge" does not include ash generated during | 54648 |
| the firing of sewage sludge in a sewage sludge incinerator, grit | 54649 |
| and screenings generated during preliminary treatment of domestic | 54650 |
| sewage in a treatment works, animal manure, residue generated | 54651 |
| during treatment of animal manure, or domestic septage. | 54652 |
| (c) "Exceptional quality sludge" means sewage sludge that | 54653 |
| meets all of the following qualifications: | 54654 |
| (i) Satisfies the class A pathogen standards in 40 C.F.R. | 54655 |
| 503.32(a); | 54656 |
| (ii) Satisfies one of the vector attraction reduction | 54657 |
| requirements in 40 C.F.R. 503.33(b)(1) to (b)(8); | 54658 |
| (iii) Does not exceed the ceiling concentration limitations | 54659 |
| for metals listed in table one of 40 C.F.R. 503.13; | 54660 |
| (iv) Does not exceed the concentration limitations for metals | 54661 |
| listed in table three of 40 C.F.R. 503.13. | 54662 |
| (d) "Treatment" means the preparation of sewage sludge for | 54663 |
| final use or disposal and includes, but is not limited to, | 54664 |
| thickening, stabilization, and dewatering of sewage sludge. | 54665 |
| (e) "Disposal" means the final use of sewage sludge, | 54666 |
| including, but not limited to, land application, land reclamation, | 54667 |
| surface disposal, or disposal in a landfill or an incinerator. | 54668 |
| (f) "Land application" means the spraying or spreading of | 54669 |
| sewage sludge onto the land surface, the injection of sewage | 54670 |
| sludge below the land surface, or the incorporation of sewage | 54671 |
| sludge into the soil for the purposes of conditioning the soil or | 54672 |
| fertilizing crops or vegetation grown in the soil. | 54673 |
| (g) "Land reclamation" means the returning of disturbed land | 54674 |
| to productive use. | 54675 |
| (h) "Surface disposal" means the placement of sludge on an | 54676 |
| area of land for disposal, including, but not limited to, | 54677 |
| monofills, surface impoundments, lagoons, waste piles, or | 54678 |
| dedicated disposal sites. | 54679 |
| (i) "Incinerator" means an entity that disposes of sewage | 54680 |
| sludge through the combustion of organic matter and inorganic | 54681 |
| matter in sewage sludge by high temperatures in an enclosed | 54682 |
| device. | 54683 |
| (j) "Incineration facility" includes all incinerators owned | 54684 |
| or operated by the same entity and located on a contiguous tract | 54685 |
| of land. Areas of land are considered to be contiguous even if | 54686 |
| they are separated by a public road or highway. | 54687 |
| (k) "Annual sludge fee" means the fee assessed under division | 54688 |
| (Y)(1) of this section. | 54689 |
| (l) "Landfill" means a sanitary landfill facility, as defined | 54690 |
| in rules adopted under section 3734.02 of the Revised Code, that | 54691 |
| is licensed under section 3734.05 of the Revised Code. | 54692 |
| (m) "Preexisting land reclamation project" means a | 54693 |
| property-specific land reclamation project that has been in | 54694 |
| continuous operation for not less than five years pursuant to | 54695 |
| approval of the activity by the director and includes the | 54696 |
| implementation of a community outreach program concerning the | 54697 |
| activity. | 54698 |
| Sec. 3745.31. (A) As used in this section, "environmental | 54699 |
| law" means sections 903.08, 903.17, and 3737.87 to 3737.882 and | 54700 |
| Chapters 3704., 3714., 3734., 3745., 3750., 3751., 3752., 3753., | 54701 |
| 6109., and 6111. of the Revised Code; any rule adopted under those | 54702 |
| sections or chapters or adopted for the purpose of implementing | 54703 |
| those sections or chapters; and any applicable provisions of | 54704 |
| Chapter 3767. of the Revised Code when an environmentally related | 54705 |
| nuisance action is brought. | 54706 |
| (B)(1) Except as provided in | 54707 |
| (3) of this section, any action under any environmental law for | 54708 |
| civil or administrative penalties of any kind brought by any | 54709 |
| agency or department of the state or by any other governmental | 54710 |
| authority charged with enforcing environmental laws shall be | 54711 |
| commenced within five years of the time when the agency, | 54712 |
| department, or governmental authority actually knew or was | 54713 |
| informed of the occurrence, omission, or facts on which the cause | 54714 |
| of action is based. | 54715 |
| (2) | 54716 |
| if an agency, department, or governmental authority actually knew | 54717 |
| or was informed of an occurrence, omission, or facts on which a | 54718 |
|
cause of action is based prior to
| 54719 |
| 54720 | |
| administrative penalties of any kind for the alleged violation | 54721 |
|
shall be commenced
not later than five years after
| 54722 |
| 54723 |
| (3) With regard to Chapter 3714. of the Revised Code and | 54724 |
| rules adopted under it, if an agency, department, or governmental | 54725 |
| authority actually knew or was informed of an occurrence, | 54726 |
| omission, or facts on which a cause of action is based prior to | 54727 |
| the effective date of this amendment, the cause of action for | 54728 |
| civil or administrative penalties of any kind for the alleged | 54729 |
| violation shall be commenced not later than five years after the | 54730 |
| effective date of this amendment. | 54731 |
| (C) Division (B) of this section applies only if, during the | 54732 |
| time periods established in that division, proper service of | 54733 |
| process can be given in accordance with the Rules of Civil | 54734 |
| Procedure and jurisdiction of a court in this state can be | 54735 |
| obtained. | 54736 |
| (D) The time periods established in division (B) of this | 54737 |
| section may be tolled by mutual agreement between the enforcing | 54738 |
| agency, department, or authority and the person who is subject to | 54739 |
| a civil or administrative penalty of any kind under an | 54740 |
| environmental law. | 54741 |
| (E) When an action seeks injunctive relief or another remedy | 54742 |
| in addition to a remedy of civil or administrative penalties of | 54743 |
| any kind under an environmental law, division (B) of this section | 54744 |
| applies only to the remedy of civil or administrative penalties of | 54745 |
| any kind. | 54746 |
| (F) Beginning on the first anniversary of
| 54747 |
| 54748 | |
| director of environmental protection and the fire marshal shall | 54749 |
| each annually submit a report concerning the aggregate number of | 54750 |
| enforcement cases that are based on occurrences, omissions, or | 54751 |
| facts about which the director or the fire marshal actually knew | 54752 |
|
or was
informed prior to
| 54753 |
| 23, 2002 for which a cause of action has not been brought pursuant | 54754 |
| to division (B)(2) of this section as of the date of the report. | 54755 |
| The respective reports submitted by the director and the fire | 54756 |
| marshal shall only address the aggregate number of occurrences, | 54757 |
| omissions, or facts under environmental laws concerning which the | 54758 |
| director or fire marshal has regulatory authority. The respective | 54759 |
| reports submitted by the director and the fire marshal shall not | 54760 |
| include any names, addresses, or other identifying information. | 54761 |
| The report shall be submitted to the speaker of the house of | 54762 |
| representatives, the president of the senate, and the chairpersons | 54763 |
| of the standing committees of the house of representatives and the | 54764 |
| senate that are primarily responsible for considering | 54765 |
| environmental issues. | 54766 |
| Sec. 3767.41. (A) As used in this section: | 54767 |
| (1) "Building" means, except as otherwise provided in this | 54768 |
| division, any building or structure that is used or intended to be | 54769 |
| used for residential purposes. "Building" includes, but is not | 54770 |
| limited to, a building or structure in which any floor is used for | 54771 |
| retail stores, shops, salesrooms, markets, or similar commercial | 54772 |
| uses, or for offices, banks, civic administration activities, | 54773 |
| professional services, or similar business or civic uses, and in | 54774 |
| which the other floors are used, or designed and intended to be | 54775 |
| used, for residential purposes. "Building" does not include any | 54776 |
| building or structure that is occupied by its owner and that | 54777 |
| contains three or fewer residential units. | 54778 |
| (2)(a) "Public nuisance" means a building that is a menace to | 54779 |
| the public health, welfare, or safety; that is structurally | 54780 |
| unsafe, unsanitary, or not provided with adequate safe egress; | 54781 |
| that constitutes a fire hazard, is otherwise dangerous to human | 54782 |
| life, or is otherwise no longer fit and habitable; or that, in | 54783 |
| relation to its existing use, constitutes a hazard to the public | 54784 |
| health, welfare, or safety by reason of inadequate maintenance, | 54785 |
| dilapidation, obsolescence, or abandonment. | 54786 |
| (b) "Public nuisance" as it applies to subsidized housing | 54787 |
| means subsidized housing that fails to meet the following | 54788 |
| standards as specified in the federal rules governing each | 54789 |
| standard: | 54790 |
| (i) Each building on the site is structurally sound, secure, | 54791 |
| habitable, and in good repair, as defined in 24 C.F.R. 5.703(b); | 54792 |
| (ii) Each building's domestic water, electrical system, | 54793 |
| elevators, emergency power, fire protection, HVAC, and sanitary | 54794 |
| system is free of health and safety hazards, functionally | 54795 |
| adequate, operable, and in good repair, as defined in 24 C.F.R. | 54796 |
| 5.703(c); | 54797 |
| (iii) Each dwelling unit within the building is structurally | 54798 |
| sound, habitable, and in good repair, and all areas and aspects of | 54799 |
| the dwelling unit are free of health and safety hazards, | 54800 |
| functionally adequate, operable, and in good repair, as defined in | 54801 |
| 24 C.F.R. 5.703(d)(1); | 54802 |
| (iv) Where applicable, the dwelling unit has hot and cold | 54803 |
| running water, including an adequate source of potable water, as | 54804 |
| defined in 24 C.F.R. 5.703(d)(2); | 54805 |
| (v) If the dwelling unit includes its own sanitary facility, | 54806 |
| it is in proper operating condition, usable in privacy, and | 54807 |
| adequate for personal hygiene, and the disposal of human waste, as | 54808 |
| defined in 24 C.F.R. 5.703(d)(3); | 54809 |
| (vi) The common areas are structurally sound, secure, and | 54810 |
| functionally adequate for the purposes intended. The basement, | 54811 |
| garage, carport, restrooms, closets, utility, mechanical, | 54812 |
| community rooms, daycare, halls, corridors, stairs, kitchens, | 54813 |
| laundry rooms, office, porch, patio, balcony, and trash collection | 54814 |
| areas are free of health and safety hazards, operable, and in good | 54815 |
| repair. All common area ceilings, doors, floors, HVAC, lighting, | 54816 |
| smoke detectors, stairs, walls, and windows, to the extent | 54817 |
| applicable, are free of health and safety hazards, operable, and | 54818 |
| in good repair, as defined in 24 C.F.R. 5.703(e); | 54819 |
| (vii) All areas and components of the housing are free of | 54820 |
| health and safety hazards. These areas include, but are not | 54821 |
| limited to, air quality, electrical hazards, elevators, | 54822 |
| emergency/fire exits, flammable materials, garbage and debris, | 54823 |
| handrail hazards, infestation, and lead-based paint, as defined in | 54824 |
| 24 C.F.R. 5.703(f). | 54825 |
| (3) "Abate" or "abatement" in connection with any building | 54826 |
| means the removal or correction of any conditions that constitute | 54827 |
| a public nuisance and the making of any other improvements that | 54828 |
| are needed to effect a rehabilitation of the building that is | 54829 |
| consistent with maintaining safe and habitable conditions over its | 54830 |
| remaining useful life. "Abatement" does not include the closing or | 54831 |
| boarding up of any building that is found to be a public nuisance. | 54832 |
| (4) "Interested party" means any owner, mortgagee, | 54833 |
| lienholder, tenant, or person that possesses an interest of record | 54834 |
| in any property that becomes subject to the jurisdiction of a | 54835 |
| court pursuant to this section, and any applicant for the | 54836 |
| appointment of a receiver pursuant to this section. | 54837 |
| (5) "Neighbor" means any owner of property, including, but | 54838 |
| not limited to, any person who is purchasing property by land | 54839 |
| installment contract or under a duly executed purchase contract, | 54840 |
| that is located within five hundred feet of any property that | 54841 |
| becomes subject to the jurisdiction of a court pursuant to this | 54842 |
| section, and any occupant of a building that is so located. | 54843 |
| (6) "Tenant" has the same meaning as in section 5321.01 of | 54844 |
| the Revised Code. | 54845 |
| (7) "Subsidized housing" means a property consisting of more | 54846 |
| than four dwelling units that, in whole or in part, receives | 54847 |
| project-based assistance pursuant to a contract under any of the | 54848 |
| following federal housing programs: | 54849 |
| (a) The new construction or substantial rehabilitation | 54850 |
| program under section 8(b)(2) of the "United States Housing Act of | 54851 |
| 1937," Pub. L. No. 75-412, 50 Stat. 888, 42 U.S.C. 1437f(b)(2) as | 54852 |
| that program was in effect immediately before the first day of | 54853 |
| October, 1983; | 54854 |
| (b) The moderate rehabilitation program under section 8(e)(2) | 54855 |
| of the "United States Housing Act of 1937," Pub. L. No. 75-412, 50 | 54856 |
| Stat. 888, 42 U.S.C. 1437f(e)(2); | 54857 |
| (c) The loan management assistance program under section 8 of | 54858 |
| the "United States Housing Act of 1937," Pub. L. No. 75-412, 50 | 54859 |
| Stat. 888, 42 U.S.C. 1437f; | 54860 |
| (d) The rent supplement program under section 101 of the | 54861 |
| "Housing and Urban Development Act of 1965," Pub. L. No. 89-174, | 54862 |
| 79 Stat. 667, 12 U.S.C. 1701s; | 54863 |
| (e) Section 8 of the "United States Housing Act of 1937," | 54864 |
| Pub. L. No. 75-412, 50 Stat. 888, 42 U.S.C. 1437f, following | 54865 |
| conversion from assistance under section 101 of the "Housing and | 54866 |
| Urban Development Act of 1965," Pub. L. No. 89-174, 79 Stat. 667, | 54867 |
| 12 U.S.C. 1701s; | 54868 |
| (f) The program of supportive housing for the elderly under | 54869 |
| section 202 of the "Housing Act of 1959," Pub. L. No. 86-372, 73 | 54870 |
| Stat. 654, 12 U.S.C. 1701q; | 54871 |
| (g) The program of supportive housing for persons with | 54872 |
| disabilities under section 811 of the "National Affordable Housing | 54873 |
| Act of 1990," Pub. L. No. 101-625, 104 Stat. 4313, 42 U.S.C. 8013; | 54874 |
| (h) The rental assistance program under section 521 of the | 54875 |
| "United States Housing Act of 1949," Pub. L. No. 90-448, 82 Stat. | 54876 |
| 551, as amended by Pub. L. No. 93-383, 88 Stat. 696, 42 U.S.C. | 54877 |
| 1490a. | 54878 |
| (8) "Project-based assistance" means the assistance is | 54879 |
| attached to the property and provides rental assistance only on | 54880 |
| behalf of tenants who reside in that property. | 54881 |
| (9) "Landlord" has the same meaning as in section 5321.01 of | 54882 |
| the Revised Code. | 54883 |
| (B)(1)(a) In any civil action to enforce any local building, | 54884 |
| housing, air pollution, sanitation, health, fire, zoning, or | 54885 |
| safety code, ordinance, resolution, or regulation applicable to | 54886 |
| buildings, that is commenced in a court of common pleas, municipal | 54887 |
| court, housing or environmental division of a municipal court, or | 54888 |
| county court, or in any civil action for abatement commenced in a | 54889 |
| court of common pleas, municipal court, housing or environmental | 54890 |
| division of a municipal court, or county court, by a municipal | 54891 |
| corporation or township in which the building involved is located, | 54892 |
| by any neighbor, tenant, or by a nonprofit corporation that is | 54893 |
| duly organized and has as one of its goals the improvement of | 54894 |
| housing conditions in the county or municipal corporation in which | 54895 |
| the building involved is located, if a building is alleged to be a | 54896 |
| public nuisance, the municipal corporation, township, neighbor, | 54897 |
| tenant, or nonprofit corporation may apply in its complaint for an | 54898 |
| injunction or other order as described in division (C)(1) of this | 54899 |
| section, or for the relief described in division (C)(2) of this | 54900 |
| section, including, if necessary, the appointment of a receiver | 54901 |
| as described in divisions (C)(2) and (3) of this section, or for | 54902 |
| both such an injunction or other order and such relief. The | 54903 |
| municipal corporation, township, neighbor, tenant, or nonprofit | 54904 |
| corporation commencing the action is not liable for the costs, | 54905 |
| expenses, and fees of any receiver appointed pursuant to | 54906 |
| divisions (C)(2) and (3) of this section. | 54907 |
| (b) Prior to commencing a civil action for abatement when the | 54908 |
| property alleged to be a public nuisance is subsidized housing, | 54909 |
| the municipal corporation, township, neighbor, tenant, or | 54910 |
| nonprofit corporation commencing the action shall provide the | 54911 |
| landlord of that property with written notice that specifies one | 54912 |
| or more defective conditions that constitute a public nuisance as | 54913 |
| that term applies to subsidized housing and states that if the | 54914 |
| landlord fails to remedy the condition within sixty days of the | 54915 |
| service of the notice, a claim pursuant to this section may be | 54916 |
| brought on the basis that the property constitutes a public | 54917 |
| nuisance in subsidized housing. Any party authorized to bring an | 54918 |
| action against the landlord shall make reasonable attempts to | 54919 |
| serve the notice in the manner prescribed in the Rules of Civil | 54920 |
| Procedure to the landlord or the landlord's agent for the | 54921 |
| property at the property's management office, or at the place | 54922 |
| where the tenants normally pay or send rent. If the landlord is | 54923 |
| not the owner of record, the party bringing the action shall make | 54924 |
| a reasonable attempt to serve the owner. If the owner does not | 54925 |
| receive service the person bringing the action shall certify the | 54926 |
| attempts to serve the owner. | 54927 |
| (2)(a) In a civil action described in division (B)(1) of this | 54928 |
| section, a copy of the complaint and a notice of the date and time | 54929 |
| of a hearing on the complaint shall be served upon the owner of | 54930 |
| the building and all other interested parties in accordance with | 54931 |
| the Rules of Civil Procedure. If certified mail service, personal | 54932 |
| service, or residence service of the complaint and notice is | 54933 |
| refused or certified mail service of the complaint and notice is | 54934 |
| not claimed, and if the municipal corporation, township, neighbor, | 54935 |
| tenant, or nonprofit corporation commencing the action makes a | 54936 |
| written request for ordinary mail service of the complaint and | 54937 |
| notice, or uses publication service, in accordance with the Rules | 54938 |
| of Civil Procedure, then a copy of the complaint and notice shall | 54939 |
| be posted in a conspicuous place on the building. | 54940 |
| (b) The judge in a civil action described in division (B)(1) | 54941 |
| of this section shall conduct a hearing at least twenty-eight days | 54942 |
| after the owner of the building and the other interested parties | 54943 |
| have been served with a copy of the complaint and the notice of | 54944 |
| the date and time of the hearing in accordance with division | 54945 |
| (B)(2)(a) of this section. | 54946 |
| (c) In considering whether subsidized housing is a public | 54947 |
| nuisance, the judge shall construe the standards set forth in | 54948 |
| division (A)(2)(b) of this section in a manner consistent with | 54949 |
| department of housing and urban development and judicial | 54950 |
| interpretations of those standards. The judge shall deem that the | 54951 |
| property is not a public nuisance if during the twelve months | 54952 |
| prior to the service of the notice that division (B)(1)(b) of this | 54953 |
| section requires, the department of housing and urban | 54954 |
| development's real estate assessment center issued a score of | 54955 |
| seventy-five or higher out of a possible one hundred points | 54956 |
| pursuant to its regulations governing the physical condition of | 54957 |
| multifamily properties pursuant to 24 C.F.R. part 200, subpart P, | 54958 |
| and since the most recent inspection, there has been no | 54959 |
| significant change in the property's conditions that would create | 54960 |
| a serious threat to the health, safety, or welfare of the | 54961 |
| property's tenants. | 54962 |
| (C)(1) If the judge in a civil action described in division | 54963 |
| (B)(1) of this section finds at the hearing required by division | 54964 |
| (B)(2) of this section that the building involved is a public | 54965 |
| nuisance, if the judge additionally determines that the owner of | 54966 |
| the building previously has not been afforded a reasonable | 54967 |
| opportunity to abate the public nuisance or has been afforded such | 54968 |
| an opportunity and has not refused or failed to abate the public | 54969 |
| nuisance, and if the complaint of the municipal corporation, | 54970 |
| township, neighbor, tenant, or nonprofit corporation commencing | 54971 |
| the action requested the issuance of an injunction as described | 54972 |
| in this division, then the judge may issue an injunction | 54973 |
| requiring the owner of the building to abate the public nuisance | 54974 |
| or issue any other order that the judge considers necessary or | 54975 |
| appropriate to cause the abatement of the public nuisance. If an | 54976 |
| injunction is issued pursuant to this division, the owner of the | 54977 |
| building involved shall be given no more than thirty days from | 54978 |
| the date of the entry of the judge's order to comply with the | 54979 |
| injunction, unless the judge, for good cause shown, extends the | 54980 |
| time for compliance. | 54981 |
| (2) If the judge in a civil action described in division | 54982 |
| (B)(1) of this section finds at the hearing required by division | 54983 |
| (B)(2) of this section that the building involved is a public | 54984 |
| nuisance, if the judge additionally determines that the owner of | 54985 |
| the building previously has been afforded a reasonable opportunity | 54986 |
| to abate the public nuisance and has refused or failed to do so, | 54987 |
| and if the complaint of the municipal corporation, township, | 54988 |
| neighbor, tenant, or nonprofit corporation commencing the action | 54989 |
| requested relief as described in this division, then the judge | 54990 |
| shall offer any mortgagee, lienholder, or other interested party | 54991 |
| associated with the property on which the building is located, in | 54992 |
| the order of the priority of interest in title, the opportunity | 54993 |
| to undertake the work and to furnish the materials necessary to | 54994 |
| abate the public nuisance. Prior to selecting any interested | 54995 |
| party, the judge shall require the interested party to | 54996 |
| demonstrate the ability to promptly undertake the work and | 54997 |
| furnish the materials required, to provide the judge with a | 54998 |
| viable financial and construction plan for the rehabilitation of | 54999 |
| the building as described in division (D) of this section, and to | 55000 |
| post security for the performance of the work and the furnishing | 55001 |
| of the materials. | 55002 |
| If the judge determines, at the hearing, that no interested | 55003 |
| party is willing or able to undertake the work and to furnish the | 55004 |
| materials necessary to abate the public nuisance, or if the judge | 55005 |
| determines, at any time after the hearing, that any party who is | 55006 |
| undertaking corrective work pursuant to this division cannot or | 55007 |
| will not proceed, or has not proceeded with due diligence, the | 55008 |
| judge may appoint a receiver pursuant to division (C)(3) of this | 55009 |
| section to take possession and control of the building. | 55010 |
| (3)(a) The judge in a civil action described in division | 55011 |
| (B)(1) of this section shall not appoint any person as a receiver | 55012 |
| unless the person first has provided the judge with a viable | 55013 |
| financial and construction plan for the rehabilitation of the | 55014 |
| building involved as described in division (D) of this section and | 55015 |
| has demonstrated the capacity and expertise to perform the | 55016 |
| required work and to furnish the required materials in a | 55017 |
| satisfactory manner. An appointed receiver may be a financial | 55018 |
| institution that possesses an interest of record in the building | 55019 |
| or the property on which it is located, a nonprofit corporation as | 55020 |
| described in divisions (B)(1) and (C)(3)(b) of this section, | 55021 |
| including, but not limited to, a nonprofit corporation that | 55022 |
| commenced the action described in division (B)(1) of this section, | 55023 |
| or any other qualified property manager. | 55024 |
| (b) To be eligible for appointment as a receiver, no part of | 55025 |
| the net earnings of a nonprofit corporation shall inure to the | 55026 |
| benefit of any private shareholder or individual. Membership on | 55027 |
| the board of trustees of a nonprofit corporation appointed as a | 55028 |
| receiver does not constitute the holding of a public office or | 55029 |
| employment within the meaning of sections 731.02 and 731.12 or any | 55030 |
| other section of the Revised Code and does not constitute a direct | 55031 |
| or indirect interest in a contract or expenditure of money by any | 55032 |
| municipal corporation. A member of a board of trustees of a | 55033 |
| nonprofit corporation appointed as a receiver shall not be | 55034 |
| disqualified from holding any public office or employment, and | 55035 |
| shall not forfeit any public office or employment, by reason of | 55036 |
| membership on the board of trustees, notwithstanding any law to | 55037 |
| the contrary. | 55038 |
| (D) Prior to ordering any work to be undertaken, or the | 55039 |
| furnishing of any materials, to abate a public nuisance under this | 55040 |
| section, the judge in a civil action described in division (B)(1) | 55041 |
| of this section shall review the submitted financial and | 55042 |
| construction plan for the rehabilitation of the building involved | 55043 |
| and, if it specifies all of the following, shall approve that | 55044 |
| plan: | 55045 |
| (1) The estimated cost of the labor, materials, and any other | 55046 |
| development costs that are required to abate the public nuisance; | 55047 |
| (2) The estimated income and expenses of the building and the | 55048 |
| property on which it is located after the furnishing of the | 55049 |
| materials and the completion of the repairs and improvements; | 55050 |
| (3) The terms, conditions, and availability of any financing | 55051 |
| that is necessary to perform the work and to furnish the | 55052 |
| materials; | 55053 |
| (4) If repair and rehabilitation of the building are found | 55054 |
| not to be feasible, the cost of demolition of the building or of | 55055 |
| the portions of the building that constitute the public nuisance. | 55056 |
| (E) Upon the written request of any of the interested parties | 55057 |
| to have a building, or portions of a building, that constitute a | 55058 |
| public nuisance demolished because repair and rehabilitation of | 55059 |
| the building are found not to be feasible, the judge may order the | 55060 |
| demolition. However, the demolition shall not be ordered unless | 55061 |
| the requesting interested parties have paid the costs of | 55062 |
| demolition and, if any, of the receivership, and, if any, all | 55063 |
| notes, certificates, mortgages, and fees of the receivership. | 55064 |
| (F) Before proceeding with the duties of receiver, any | 55065 |
| receiver appointed by the judge in a civil action described in | 55066 |
| division (B)(1) of this section may be required by the judge to | 55067 |
| post a bond in an amount fixed by the judge, but not exceeding the | 55068 |
| value of the building involved as determined by the judge. | 55069 |
| The judge may empower the receiver to do any or all of the | 55070 |
| following: | 55071 |
| (1) Take possession and control of the building and the | 55072 |
| property on which it is located, operate and manage the building | 55073 |
| and the property, establish and collect rents and income, lease | 55074 |
| and rent the building and the property, and evict tenants; | 55075 |
| (2) Pay all expenses of operating and conserving the building | 55076 |
| and the property, including, but not limited to, the cost of | 55077 |
| electricity, gas, water, sewerage, heating fuel, repairs and | 55078 |
| supplies, custodian services, taxes and assessments, and insurance | 55079 |
| premiums, and hire and pay reasonable compensation to a managing | 55080 |
| agent; | 55081 |
| (3) Pay pre-receivership mortgages or installments of them | 55082 |
| and other liens; | 55083 |
| (4) Perform or enter into contracts for the performance of | 55084 |
| all work and the furnishing of materials necessary to abate, and | 55085 |
| obtain financing for the abatement of, the public nuisance; | 55086 |
| (5) Pursuant to court order, remove and dispose of any | 55087 |
| personal property abandoned, stored, or otherwise located in or on | 55088 |
| the building and the property that creates a dangerous or unsafe | 55089 |
| condition or that constitutes a violation of any local building, | 55090 |
| housing, air pollution, sanitation, health, fire, zoning, or | 55091 |
| safety code, ordinance, or regulation; | 55092 |
| (6) Obtain mortgage insurance for any receiver's mortgage | 55093 |
| from any agency of the federal government; | 55094 |
| (7) Enter into any agreement and do those things necessary to | 55095 |
| maintain and preserve the building and the property and comply | 55096 |
| with all local building, housing, air pollution, sanitation, | 55097 |
| health, fire, zoning, or safety codes, ordinances, resolutions, | 55098 |
| and regulations; | 55099 |
| (8) Give the custody of the building and the property, and | 55100 |
| the opportunity to abate the nuisance and operate the property, to | 55101 |
| its owner or any mortgagee or lienholder of record; | 55102 |
| (9) Issue notes and secure them by a mortgage bearing | 55103 |
| interest, and upon terms and conditions, that the judge approves. | 55104 |
| When sold or transferred by the receiver in return for valuable | 55105 |
| consideration in money, material, labor, or services, the notes or | 55106 |
| certificates shall be freely transferable. Any mortgages granted | 55107 |
| by the receiver shall be superior to any claims of the receiver. | 55108 |
| Priority among the receiver's mortgages shall be determined by the | 55109 |
| order in which they are recorded. | 55110 |
| (G) A receiver appointed pursuant to this section is not | 55111 |
| personally liable except for misfeasance, malfeasance, or | 55112 |
| nonfeasance in the performance of the functions of the office of | 55113 |
| receiver. | 55114 |
| (H)(1) The judge in a civil action described in division | 55115 |
| (B)(1) of this section may assess as court costs, the expenses | 55116 |
| described in division (F)(2) of this section, and may approve | 55117 |
| receiver's fees to the extent that they are not covered by the | 55118 |
| income from the property. Subject to that limitation, a receiver | 55119 |
| appointed pursuant to divisions (C)(2) and (3) of this section is | 55120 |
| entitled to receive fees in the same manner and to the same extent | 55121 |
| as receivers appointed in actions to foreclose mortgages. | 55122 |
| (2)(a) Pursuant to the police powers vested in the state, all | 55123 |
| expenditures of a mortgagee, lienholder, or other interested party | 55124 |
| that has been selected pursuant to division (C)(2) of this section | 55125 |
| to undertake the work and to furnish the materials necessary to | 55126 |
| abate a public nuisance, and any expenditures in connection with | 55127 |
| the foreclosure of the lien created by this division, is a first | 55128 |
| lien upon the building involved and the property on which it is | 55129 |
| located and is superior to all prior and subsequent liens or other | 55130 |
| encumbrances associated with the building or the property, | 55131 |
| including, but not limited to, those for taxes and assessments, | 55132 |
| upon the occurrence of both of the following: | 55133 |
| (i) The prior approval of the expenditures by, and the entry | 55134 |
| of a judgment to that effect by, the judge in the civil action | 55135 |
| described in division (B)(1) of this section; | 55136 |
| (ii) The recordation of a certified copy of the judgment | 55137 |
| entry and a sufficient description of the property on which the | 55138 |
| building is located with the county recorder in the county in | 55139 |
| which the property is located within sixty days after the date of | 55140 |
| the entry of the judgment. | 55141 |
| (b) Pursuant to the police powers vested in the state, all | 55142 |
| expenses and other amounts paid in accordance with division (F) of | 55143 |
| this section by a receiver appointed pursuant to divisions (C)(2) | 55144 |
| and (3) of this section, the amounts of any notes issued by the | 55145 |
| receiver in accordance with division (F) of this section, all | 55146 |
| mortgages granted by the receiver in accordance with that | 55147 |
| division, the fees of the receiver approved pursuant to division | 55148 |
| (H)(1) of this section, and any amounts expended in connection | 55149 |
| with the foreclosure of a mortgage granted by the receiver in | 55150 |
| accordance with division (F) of this section or with the | 55151 |
| foreclosure of the lien created by this division, are a first lien | 55152 |
| upon the building involved and the property on which it is located | 55153 |
| and are superior to all prior and subsequent liens or other | 55154 |
| encumbrances associated with the building or the property, | 55155 |
| including, but not limited to, those for taxes and assessments, | 55156 |
| upon the occurrence of both of the following: | 55157 |
| (i) The approval of the expenses, amounts, or fees by, and | 55158 |
| the entry of a judgment to that effect by, the judge in the civil | 55159 |
| action described in division (B)(1) of this section; or the | 55160 |
| approval of the mortgages in accordance with division (F)(9) of | 55161 |
| this section by, and the entry of a judgment to that effect by, | 55162 |
| that judge; | 55163 |
| (ii) The recordation of a certified copy of the judgment | 55164 |
| entry and a sufficient description of the property on which the | 55165 |
| building is located, or, in the case of a mortgage, the | 55166 |
| recordation of the mortgage, a certified copy of the judgment | 55167 |
| entry, and such a description, with the county recorder of the | 55168 |
| county in which the property is located within sixty days after | 55169 |
| the date of the entry of the judgment. | 55170 |
| (c) Priority among the liens described in divisions (H)(2)(a) | 55171 |
| and (b) of this section shall be determined as described in | 55172 |
| division (I) of this section. Additionally, the creation pursuant | 55173 |
| to this section of a mortgage lien that is prior to or superior to | 55174 |
| any mortgage of record at the time the mortgage lien is so | 55175 |
| created, does not disqualify the mortgage of record as a legal | 55176 |
| investment under Chapter 1107. or 1151. or any other chapter of | 55177 |
| the Revised Code. | 55178 |
| (I)(1) If a receiver appointed pursuant to divisions (C)(2) | 55179 |
| and (3) of this section files with the judge in the civil action | 55180 |
| described in division (B)(1) of this section a report indicating | 55181 |
| that the public nuisance has been abated, if the judge confirms | 55182 |
| that the receiver has abated the public nuisance, and if the | 55183 |
| receiver or any interested party requests the judge to enter an | 55184 |
| order directing the receiver to sell the building and the property | 55185 |
| on which it is located, the judge may enter that order after | 55186 |
| holding a hearing as described in division (I)(2) of this section | 55187 |
| and otherwise complying with that division. | 55188 |
| (2)(a) The receiver or interested party requesting an order | 55189 |
| as described in division (I)(1) of this section shall cause a | 55190 |
| notice of the date and time of a hearing on the request to be | 55191 |
| served on the owner of the building involved and all other | 55192 |
| interested parties in accordance with division (B)(2)(a) of this | 55193 |
| section. The judge in the civil action described in division | 55194 |
| (B)(1) of this section shall conduct the scheduled hearing. At the | 55195 |
| hearing, if the owner or any interested party objects to the sale | 55196 |
| of the building and the property, the burden of proof shall be | 55197 |
| upon the objecting person to establish, by a preponderance of the | 55198 |
| evidence, that the benefits of not selling the building and the | 55199 |
| property outweigh the benefits of selling them. If the judge | 55200 |
| determines that there is no objecting person, or if the judge | 55201 |
| determines that there is one or more objecting persons but no | 55202 |
| objecting person has sustained the burden of proof specified in | 55203 |
| this division, the judge may enter an order directing the receiver | 55204 |
| to offer the building and the property for sale upon terms and | 55205 |
| conditions that the judge shall specify. | 55206 |
| (b) In any sale of subsidized housing that is ordered | 55207 |
| pursuant to this section, the judge shall specify that the | 55208 |
| subsidized housing not be conveyed unless that conveyance complies | 55209 |
| with applicable federal law and applicable program contracts for | 55210 |
| that housing. Any such conveyance shall be subject to the | 55211 |
| condition that the purchaser enter into a contract with the | 55212 |
| department of housing and urban development or the rural housing | 55213 |
| service of the federal department of agriculture under which the | 55214 |
| property continues to be subsidized housing and the owner | 55215 |
| continues to operate that property as subsidized housing unless | 55216 |
| the secretary of housing and urban development or the | 55217 |
| administrator of the rural housing service terminates that | 55218 |
| property's contract prior to or upon the conveyance of the | 55219 |
| property. | 55220 |
| (3) If a sale of a building and the property on which it is | 55221 |
| located is ordered pursuant to divisions (I)(1) and (2) of this | 55222 |
| section and if the sale occurs in accordance with the terms and | 55223 |
| conditions specified by the judge in the judge's order of sale, | 55224 |
| then the receiver shall distribute the proceeds of the sale and | 55225 |
| the balance of any funds that the receiver may possess, after the | 55226 |
| payment of the costs of the sale, in the following order of | 55227 |
| priority and in the described manner: | 55228 |
| (a) First, in satisfaction of any notes issued by the | 55229 |
| receiver pursuant to division (F) of this section, in their order | 55230 |
| of priority; | 55231 |
| (b) Second, any unreimbursed expenses and other amounts paid | 55232 |
| in accordance with division (F) of this section by the receiver, | 55233 |
| and the fees of the receiver approved pursuant to division (H)(1) | 55234 |
| of this section; | 55235 |
| (c) Third, all expenditures of a mortgagee, lienholder, or | 55236 |
| other interested party that has been selected pursuant to division | 55237 |
| (C)(2) of this section to undertake the work and to furnish the | 55238 |
| materials necessary to abate a public nuisance, provided that the | 55239 |
| expenditures were approved as described in division (H)(2)(a) of | 55240 |
| this section and provided that, if any such interested party | 55241 |
| subsequently became the receiver, its expenditures shall be paid | 55242 |
| prior to the expenditures of any of the other interested parties | 55243 |
| so selected; | 55244 |
| (d) Fourth, the amount due for delinquent taxes, assessments, | 55245 |
| charges, penalties, and interest owed to this state or a political | 55246 |
| subdivision of this state, provided that, if the amount available | 55247 |
| for distribution pursuant to division (I)(3)(d) of this section is | 55248 |
| insufficient to pay the entire amount of those taxes, assessments, | 55249 |
| charges, penalties, and interest, the proceeds and remaining funds | 55250 |
| shall be paid to each claimant in proportion to the amount of | 55251 |
| those taxes, assessments, charges, penalties, and interest that | 55252 |
| each is due. | 55253 |
| (e) The amount of any pre-receivership mortgages, liens, or | 55254 |
| other encumbrances, in their order of priority. | 55255 |
| (4) Following a distribution in accordance with division | 55256 |
| (I)(3) of this section, the receiver shall request the judge in | 55257 |
| the civil action described in division (B)(1) of this section to | 55258 |
| enter an order terminating the receivership. If the judge | 55259 |
| determines that the sale of the building and the property on which | 55260 |
| it is located occurred in accordance with the terms and conditions | 55261 |
| specified by the judge in the judge's order of sale under | 55262 |
| division (I)(2) of this section and that the receiver distributed | 55263 |
| the proceeds of the sale and the balance of any funds that the | 55264 |
| receiver possessed, after the payment of the costs of the sale, in | 55265 |
| accordance with division (I)(3) of this section, and if the judge | 55266 |
| approves any final accounting required of the receiver, the judge | 55267 |
| may terminate the receivership. | 55268 |
| (J)(1) A receiver appointed pursuant to divisions (C)(2) and | 55269 |
| (3) of this section may be discharged at any time in the | 55270 |
| discretion of the judge in the civil action described in division | 55271 |
| (B)(1) of this section. The receiver shall be discharged by the | 55272 |
| judge as provided in division (I)(4) of this section, or when all | 55273 |
| of the following have occurred: | 55274 |
| (a) The public nuisance has been abated; | 55275 |
| (b) All costs, expenses, and approved fees of the | 55276 |
| receivership have been paid; | 55277 |
| (c) Either all receiver's notes issued and mortgages granted | 55278 |
| pursuant to this section have been paid, or all the holders of the | 55279 |
| notes and mortgages request that the receiver be discharged. | 55280 |
| (2) If a judge in a civil action described in division (B)(1) | 55281 |
| of this section determines that, and enters of record a | 55282 |
| declaration that, a public nuisance has been abated by a receiver, | 55283 |
| and if, within three days after the entry of the declaration, all | 55284 |
| costs, expenses, and approved fees of the receivership have not | 55285 |
| been paid in full, then, in addition to the circumstances | 55286 |
| specified in division (I) of this section for the entry of such an | 55287 |
| order, the judge may enter an order directing the receiver to sell | 55288 |
| the building involved and the property on which it is located. Any | 55289 |
| such order shall be entered, and the sale shall occur, only in | 55290 |
| compliance with division (I) of this section. | 55291 |
| (K) The title in any building, and in the property on which | 55292 |
| it is located, that is sold at a sale ordered under division (I) | 55293 |
| or (J)(2) of this section shall be incontestable in the purchaser | 55294 |
| and shall be free and clear of all liens for delinquent taxes, | 55295 |
| assessments, charges, penalties, and interest owed to this state | 55296 |
| or any political subdivision of this state, that could not be | 55297 |
| satisfied from the proceeds of the sale and the remaining funds in | 55298 |
| the receiver's possession pursuant to the distribution under | 55299 |
| division (I)(3) of this section. All other liens and encumbrances | 55300 |
| with respect to the building and the property shall survive the | 55301 |
| sale, including, but not limited to, a federal tax lien notice | 55302 |
| properly filed in accordance with section 317.09 of the Revised | 55303 |
| Code prior to the time of the sale, and the easements and | 55304 |
| covenants of record running with the property that were created | 55305 |
| prior to the time of the sale. | 55306 |
| (L)(1) Nothing in this section shall be construed as a | 55307 |
| limitation upon the powers granted to a court of common pleas, a | 55308 |
| municipal court or a housing or environmental division of a | 55309 |
| municipal court under Chapter 1901. of the Revised Code, or a | 55310 |
| county court under Chapter 1907. of the Revised Code. | 55311 |
| (2) The monetary and other limitations specified in Chapters | 55312 |
| 1901. and 1907. of the Revised Code upon the jurisdiction of | 55313 |
| municipal and county courts, and of housing or environmental | 55314 |
| divisions of municipal courts, in civil actions do not operate as | 55315 |
| limitations upon any of the following: | 55316 |
| (a) Expenditures of a mortgagee, lienholder, or other | 55317 |
| interested party that has been selected pursuant to division | 55318 |
| (C)(2) of this section to undertake the work and to furnish the | 55319 |
| materials necessary to abate a public nuisance; | 55320 |
| (b) Any notes issued by a receiver pursuant to division (F) | 55321 |
| of this section; | 55322 |
| (c) Any mortgage granted by a receiver in accordance with | 55323 |
| division (F) of this section; | 55324 |
| (d) Expenditures in connection with the foreclosure of a | 55325 |
| mortgage granted by a receiver in accordance with division (F) of | 55326 |
| this section; | 55327 |
| (e) The enforcement of an order of a judge entered pursuant | 55328 |
| to this section; | 55329 |
| (f) The actions that may be taken pursuant to this section by | 55330 |
| a receiver or a mortgagee, lienholder, or other interested party | 55331 |
| that has been selected pursuant to division (C)(2) of this section | 55332 |
| to undertake the work and to furnish the materials necessary to | 55333 |
| abate a public nuisance. | 55334 |
| (3) A judge in a civil action described in division (B)(1) of | 55335 |
| this section, or the judge's successor in office, has continuing | 55336 |
| jurisdiction to review the condition of any building that was | 55337 |
| determined to be a public nuisance pursuant to this section. | 55338 |
| (4) Nothing in this section shall be construed to limit or | 55339 |
| prohibit a municipal corporation or township that has filed with | 55340 |
| the superintendent of insurance a certified copy of an adopted | 55341 |
| resolution, ordinance, or regulation authorizing the procedures | 55342 |
| described in divisions (C) and (D) of section 3929.86 of the | 55343 |
| Revised Code from receiving insurance proceeds under section | 55344 |
| 3929.86 of the Revised Code. | 55345 |
| Sec. 3770.05. (A) As used in this section, "person" means | 55346 |
| any person, association, corporation, partnership, club, trust, | 55347 |
| estate, society, receiver, trustee, person acting in a fiduciary | 55348 |
| or representative capacity, instrumentality of the state or any of | 55349 |
| its political subdivisions, or any other combination of | 55350 |
| individuals meeting the requirements set forth in this section or | 55351 |
| established by rule or order of the state lottery commission. | 55352 |
| (B) The director of the state lottery commission may license | 55353 |
| any person as a lottery sales agent. No license shall be issued to | 55354 |
| any person or group of persons to engage in the sale of lottery | 55355 |
| tickets as the person's or group's sole occupation or business. | 55356 |
| Before issuing any license to a lottery sales agent, the | 55357 |
| director shall consider all of the following: | 55358 |
| (1) The financial responsibility and security of the | 55359 |
| applicant and the applicant's business or activity; | 55360 |
| (2) The accessibility of the applicant's place of business or | 55361 |
| activity to the public; | 55362 |
| (3) The sufficiency of existing licensed agents to serve the | 55363 |
| public interest; | 55364 |
| (4) The volume of expected sales by the applicant; | 55365 |
| (5) Any other factors pertaining to the public interest, | 55366 |
| convenience, or trust. | 55367 |
| (C) Except as otherwise provided in division (F) of this | 55368 |
| section, the director of the state lottery commission shall refuse | 55369 |
| to grant, or shall suspend or revoke, a license if the applicant | 55370 |
| or licensee: | 55371 |
| (1) Has been convicted of a felony or has been convicted of a | 55372 |
| crime involving moral turpitude; | 55373 |
| (2) Has been convicted of an offense that involves illegal | 55374 |
| gambling; | 55375 |
| (3) Has been found guilty of fraud or misrepresentation in | 55376 |
| any connection; | 55377 |
| (4) Has been found to have violated any rule or order of the | 55378 |
| commission; or | 55379 |
| (5) Has been convicted of illegal trafficking in | 55380 |
| supplemental nutrition assistance program benefits. | 55381 |
| (D) Except as otherwise provided in division (F) of this | 55382 |
| section, the director of the state lottery commission shall refuse | 55383 |
| to grant, or shall suspend or revoke, a license if the applicant | 55384 |
| or licensee is a corporation and any of the following applies: | 55385 |
| (1) Any of the corporation's directors, officers, or | 55386 |
| controlling shareholders has been found guilty of any of the | 55387 |
| activities specified in divisions (C)(1) to (5) of this section; | 55388 |
| (2) It appears to the director of the state lottery | 55389 |
| commission that, due to the experience, character, or general | 55390 |
| fitness of any director, officer, or controlling shareholder of | 55391 |
| the corporation, the granting of a license as a lottery sales | 55392 |
| agent would be inconsistent with the public interest, convenience, | 55393 |
| or trust; | 55394 |
| (3) The corporation is not the owner or lessee of the | 55395 |
| business at which it would conduct a lottery sales agency pursuant | 55396 |
| to the license applied for; | 55397 |
| (4) Any person, firm, association, or corporation other than | 55398 |
| the applicant or licensee shares or will share in the profits of | 55399 |
| the applicant or licensee, other than receiving dividends or | 55400 |
| distributions as a shareholder, or participates or will | 55401 |
| participate in the management of the affairs of the applicant or | 55402 |
| licensee. | 55403 |
| (E)(1) The director of the state lottery commission shall | 55404 |
| refuse to grant a license to an applicant for a lottery sales | 55405 |
| agent license and shall revoke a lottery sales agent license if | 55406 |
| the applicant or licensee is or has been convicted of a violation | 55407 |
| of division (A) or (C)(1) of section 2913.46 of the Revised Code. | 55408 |
| (2) The director shall refuse to grant a license to an | 55409 |
| applicant for a lottery sales agent license that is a corporation | 55410 |
| and shall revoke the lottery sales agent license of a corporation | 55411 |
| if the corporation is or has been convicted of a violation of | 55412 |
| division (A) or (C)(1) of section 2913.46 of the Revised Code. | 55413 |
| (F) The director of the state lottery commission shall | 55414 |
| request the bureau of criminal identification and investigation, | 55415 |
| the department of public safety, or any other state, local, or | 55416 |
| federal agency to supply the director with the criminal records of | 55417 |
| any applicant for a lottery sales agent license, and may | 55418 |
| periodically request the criminal records of any person to whom a | 55419 |
| lottery sales agent license has been issued. At or prior to the | 55420 |
| time of making such a request, the director shall require an | 55421 |
| applicant or licensee to obtain fingerprint impressions on | 55422 |
| fingerprint cards prescribed by the superintendent of the bureau | 55423 |
| of criminal identification and investigation at a qualified law | 55424 |
| enforcement agency, and the director shall cause those | 55425 |
| fingerprint cards to be forwarded to the bureau of criminal | 55426 |
| identification and investigation, to the federal bureau of | 55427 |
| investigation, or to both bureaus. The commission shall assume the | 55428 |
| cost of obtaining the fingerprint cards. | 55429 |
| The director shall pay to each agency supplying criminal | 55430 |
| records for each investigation a reasonable fee, as determined by | 55431 |
| the agency. | 55432 |
| The commission may adopt uniform rules specifying time | 55433 |
| periods after which the persons described in divisions (C)(1) to | 55434 |
| (5) and (D)(1) to (4) of this section may be issued a license and | 55435 |
| establishing requirements for those persons to seek a court order | 55436 |
| to have records sealed in accordance with law. | 55437 |
| (G)(1) Each applicant for a lottery sales agent license shall | 55438 |
| do both of the following: | 55439 |
| (a) Pay to the state lottery commission, at the time the | 55440 |
| application is submitted, a fee in an amount that the director of | 55441 |
| the state lottery commission determines by rule adopted under | 55442 |
| Chapter 119. of the Revised Code and that the controlling board | 55443 |
| approves; | 55444 |
| (b) Prior to approval of the application, obtain a surety | 55445 |
| bond in an amount the director determines by rule adopted under | 55446 |
| Chapter 119. of the Revised Code or, alternatively, with the | 55447 |
| director's approval, deposit the same amount into a dedicated | 55448 |
| account for the benefit of the state lottery. The director also | 55449 |
| may approve the obtaining of a surety bond to cover part of the | 55450 |
| amount required, together with a dedicated account deposit to | 55451 |
| cover the remainder of the amount required. | 55452 |
| A surety bond may be with any company that complies with the | 55453 |
| bonding and surety laws of this state and the requirements | 55454 |
| established by rules of the commission pursuant to this chapter. | 55455 |
| A dedicated account deposit shall be conducted in accordance with | 55456 |
| policies and procedures the director establishes. | 55457 |
| A surety bond, dedicated account, or both, as applicable, may | 55458 |
| be used to pay for the lottery sales agent's failure to make | 55459 |
| prompt and accurate payments for lottery ticket sales, for missing | 55460 |
| or stolen lottery tickets, or for damage to equipment or materials | 55461 |
| issued to the lottery sales agent, or to pay for expenses the | 55462 |
| commission incurs in connection with the lottery sales agent's | 55463 |
| license. | 55464 |
| (2) A lottery sales agent license is effective for one year. | 55465 |
| A licensed lottery sales agent, on or before the date | 55466 |
| established by the director, shall renew the agent's license and | 55467 |
| provide at that time evidence to the director that the surety | 55468 |
| bond, dedicated account deposit, or both, required under division | 55469 |
| (G)(1)(b) of this section has been renewed or is active, whichever | 55470 |
| applies. | 55471 |
| Before the commission renews a lottery sales agent license, | 55472 |
| the lottery sales agent shall submit a renewal fee to the | 55473 |
| commission in an amount that the director determines by rule | 55474 |
| adopted under Chapter 119. of the Revised Code and that the | 55475 |
| controlling board approves. The renewal fee shall not exceed the | 55476 |
| actual cost of administering the license renewal and processing | 55477 |
| changes reflected in the renewal application. The renewal of the | 55478 |
| license is effective for up to one year. | 55479 |
| (3) A lottery sales agent license shall be complete, | 55480 |
| accurate, and current at all times during the term of the license. | 55481 |
| Any changes to an original license application or a renewal | 55482 |
| application may subject the applicant or lottery sales agent, as | 55483 |
| applicable, to paying an administrative fee that shall be in an | 55484 |
| amount that the director determines by rule adopted under Chapter | 55485 |
| 119. of the Revised Code, that the controlling board approves, and | 55486 |
| that shall not exceed the actual cost of administering and | 55487 |
| processing the changes to an application. | 55488 |
| (4) The relationship between the commission and a lottery | 55489 |
| sales agent is one of trust. A lottery sales agent collects funds | 55490 |
| on behalf of the commission through the sale of lottery tickets | 55491 |
| for which the agent receives a compensation. | 55492 |
| (H) Pending a final resolution of any question arising under | 55493 |
| this section, the director of the state lottery commission may | 55494 |
| issue a temporary lottery sales agent license, subject to the | 55495 |
| terms and conditions the director considers appropriate. | 55496 |
| (I) If a lottery sales agent's rental payments for the | 55497 |
| lottery sales agent's premises are determined, in whole or in | 55498 |
| part, by the amount of retail sales the lottery sales agent makes, | 55499 |
| and if the rental agreement does not expressly provide that the | 55500 |
| amount of those retail sales includes the amounts the lottery | 55501 |
| sales agent receives from lottery ticket sales, only the amounts | 55502 |
| the lottery sales agent receives as compensation from the state | 55503 |
| lottery commission for selling lottery tickets shall be considered | 55504 |
| to be amounts the lottery sales agent receives from the retail | 55505 |
| sales the lottery sales agent makes, for the purpose of computing | 55506 |
| the lottery sales agent's rental payments. | 55507 |
| Sec. 3773.35. Any person who wishes to conduct a public or | 55508 |
|
private competition that involves
boxing | 55509 |
| 55510 | |
| tough guy contests, or any other form of boxing or martial arts | 55511 |
| shall apply to the Ohio athletic commission for a promoter's | 55512 |
| license. Each application shall be filed with the commission on | 55513 |
| forms provided by the commission, and shall be accompanied by an | 55514 |
| application fee as prescribed in section 3773.43 of the Revised | 55515 |
|
Code and, with the exception of wrestling
events, by a | 55516 |
| 55517 | |
|
than
| 55518 |
| with sections 3773.31 to 3773.57 of the Revised Code and the | 55519 |
|
rules
of the
commission. | 55520 |
| 55521 |
| The commission shall prescribe the form of the application | 55522 |
| for the promoter's license. The application shall include the name | 55523 |
| of the applicant, the post office address of the applicant, and | 55524 |
| any other information the commission requires. | 55525 |
| Sec. 3773.36. Upon the proper filing of an application to | 55526 |
|
conduct any public or private competition that involves boxing | 55527 |
| 55528 | |
| tough man contests, tough guy contests, or any other form of | 55529 |
|
boxing or martial arts,
accompanied by the | 55530 |
| 55531 | |
|
the application fee
| 55532 |
| 55533 | |
| public or private competition that involves wrestling accompanied | 55534 |
| by the application fee, the Ohio athletic commission shall issue a | 55535 |
| promoter's license to the applicant if it finds that the applicant | 55536 |
| is not in default on any payment, obligation, or debt payable to | 55537 |
| the state under sections 3773.31 to 3773.57 of the Revised Code, | 55538 |
| is financially responsible, and is knowledgeable in the proper | 55539 |
| conduct of such matches or exhibitions. | 55540 |
| Each license issued pursuant to this section shall bear the | 55541 |
| name of the licensee, the post office address of the licensee, the | 55542 |
|
date of | 55543 |
|
designated by the commission, and
the
seal of the commission | 55544 |
| 55545 |
| A promoter's license shall expire twelve months after its | 55546 |
| date of issuance and shall become invalid on that date unless | 55547 |
| renewed. A promoter's license may be renewed upon application to | 55548 |
| the commission and upon payment of the renewal fee prescribed in | 55549 |
| section 3773.43 of the Revised Code. The commission shall renew | 55550 |
| the license unless it denies the application for renewal for one | 55551 |
| or more reasons stated in section 3123.47 or 3773.53 of the | 55552 |
| Revised Code. | 55553 |
| Sec. 3773.43. The Ohio athletic commission shall charge the | 55554 |
| following fees: | 55555 |
| (A) For an application for or renewal of a promoter's license | 55556 |
|
for a public or private competition that involves
boxing | 55557 |
| 55558 | |
| contests, tough guy contests, or any other form of boxing or | 55559 |
| martial arts, one hundred dollars. | 55560 |
| (B) For an application for or renewal of a license to | 55561 |
| participate in a public boxing match or exhibition as a | 55562 |
| contestant, or as a referee, judge, matchmaker, manager, | 55563 |
| timekeeper, trainer, or second of a contestant, twenty dollars. | 55564 |
| (C) For a permit to conduct a public boxing match or | 55565 |
| exhibition, fifty dollars. | 55566 |
| (D) For an application for or renewal of a promoter's license | 55567 |
|
for
| 55568 |
|
wrestling | 55569 |
| (E) For a permit to conduct a professional wrestling match or | 55570 |
| exhibition, one hundred dollars. | 55571 |
| The commission, subject to the approval of the controlling | 55572 |
| board, may establish fees in excess of the amounts provided in | 55573 |
| this section, provided that such fees do not exceed the amounts | 55574 |
| permitted by this section by more than fifty per cent. | 55575 |
| The fees prescribed by this section shall be paid to the | 55576 |
| treasurer of state, who shall deposit the fees in the occupational | 55577 |
| licensing and regulatory fund. | 55578 |
| Sec. 3773.45. (A) | 55579 |
| 55580 | |
| 55581 | |
| 55582 | |
| 55583 | |
| 55584 | |
| 55585 | |
| 55586 | |
| 55587 | |
| 55588 | |
| 55589 | |
| 55590 | |
| 55591 | |
| 55592 | |
| 55593 | |
| 55594 | |
| 55595 | |
| 55596 | |
| 55597 | |
| 55598 | |
| 55599 | |
| 55600 |
| | 55601 |
| 55602 | |
| 55603 | |
| 55604 | |
| 55605 |
| | 55606 |
| 55607 | |
| 55608 | |
| 55609 | |
| 55610 | |
| 55611 | |
| 55612 | |
| 55613 | |
| The Ohio athletic commission shall adopt, and may amend or | 55614 |
| rescind, rules that do both of the following: | 55615 |
| (1) Require the physical examination by appropriate medical | 55616 |
| personnel of each contestant in any public competition that | 55617 |
| involves boxing, mixed martial arts, kick boxing, karate, tough | 55618 |
| man contests, or any other form of boxing or martial arts within a | 55619 |
| specified time period before and after the competition to | 55620 |
| determine whether the contestant is physically fit to compete in | 55621 |
| the competition under specified standards, has sustained physical | 55622 |
| injuries in the competition, or requires follow-up examination; | 55623 |
| and | 55624 |
| (2) Require the reporting of each examination to the | 55625 |
| commission. | 55626 |
| (B) No holder of a promoter's license shall conduct a boxing | 55627 |
| match or exhibition that exceeds twelve rounds. Each round shall | 55628 |
| be not more than three minutes in length. A period of at least one | 55629 |
| minute, during which no boxing or sparring takes place, shall | 55630 |
| occur between rounds. | 55631 |
| No holder of a promoter's license or a permit issued under | 55632 |
| section 3773.39 of the Revised Code shall allow a professional | 55633 |
| boxer to participate in more than twelve rounds of boxing within a | 55634 |
| period of seventy-two consecutive hours. For any match or | 55635 |
| exhibition or for a class of contestants, the commission may limit | 55636 |
| the number of rounds within the maximum of twelve rounds. | 55637 |
| (C) No person shall conduct a boxing match or exhibition | 55638 |
| unless a licensed referee appointed by the commission and paid by | 55639 |
| the person is present. The referee shall direct and control the | 55640 |
| match or exhibition. Before each match or exhibition the referee | 55641 |
| shall obtain from each contestant the name of the contestant's | 55642 |
| chief second and shall hold the chief second responsible for the | 55643 |
| conduct of any assistant seconds during the match or exhibition. | 55644 |
| The referee may declare a prize, remuneration, or purse or any | 55645 |
| part thereof to which a contestant is otherwise entitled withheld | 55646 |
| if, in the referee's judgment, the contestant is not competing or | 55647 |
| did not compete honestly. A contestant may appeal the referee's | 55648 |
| decision in a hearing before the commission conducted in | 55649 |
| accordance with section 3773.52 of the Revised Code. | 55650 |
| (D) No person shall hold or conduct a boxing match or | 55651 |
| exhibition unless three licensed judges appointed by the | 55652 |
| commission and paid by the person are present. Each judge shall | 55653 |
| render a decision at the end of each match or exhibition. The | 55654 |
| judges shall determine the outcome of the match or exhibition, and | 55655 |
| their decision shall be final. | 55656 |
| (E) Each contestant in a boxing match or exhibition shall | 55657 |
| wear gloves weighing not less than six ounces during the boxing | 55658 |
| match or exhibition. | 55659 |
| Sec. 3773.53. The Ohio athletic commission may revoke, | 55660 |
| suspend, or refuse to renew any license issued under sections | 55661 |
| 3773.31 to 3773.57 of the Revised Code if the licensee: | 55662 |
| (A) Has committed an act detrimental to any sport regulated | 55663 |
| by this chapter or to the public interest, convenience, or | 55664 |
| necessity; | 55665 |
| (B) Is associating or consorting with any person who has been | 55666 |
| convicted of a crime involving the sports regulated by the | 55667 |
| commission, including a conviction under sections 2913.02, | 55668 |
| 2915.05, or 2921.02 of the Revised Code; | 55669 |
| (C) Is or has been consorting with bookmakers or gamblers, or | 55670 |
| has engaged in similar pursuits; | 55671 |
| (D) Is financially irresponsible; | 55672 |
| (E) Has been found guilty of any fraud or misrepresentation | 55673 |
| in connection with any sport regulated by this chapter; | 55674 |
| (F) Has violated any law with respect to any sport regulated | 55675 |
| by this chapter or any rule or order of the commission; | 55676 |
| (G) Has been convicted of or pleaded guilty to a violation of | 55677 |
| sections 2913.02, 2915.05, or 2921.02 of the Revised Code; | 55678 |
| (H) Has engaged in any other activity that the commission | 55679 |
| determines is detrimental to any sport regulated by this chapter. | 55680 |
| The commission, in addition to any other action it may take | 55681 |
|
under this
chapter, may impose a fine | 55682 |
| 55683 | |
| commission adopted under Chapter 119. of the Revised Code against | 55684 |
| any person licensed under sections 3773.31 to 3773.57 of the | 55685 |
| Revised Code for a violation of any of these sections or a | 55686 |
| violation of any rule or order of the commission. The amount of | 55687 |
| fines collected shall be deposited into the general revenue | 55688 |
| fund. | 55689 |
| Sec. 3781.01. (A) Chapters 3781. and 3791. of the Revised | 55690 |
| Code do not prevent the legislative authority of a municipal | 55691 |
| corporation from making further and additional regulations, not in | 55692 |
| conflict with those chapters or with the rules the board of | 55693 |
| building standards adopts. Those chapters or rules do not modify | 55694 |
| or repeal any portion of any building code adopted by a municipal | 55695 |
| corporation and in force on September 13, 1911, that is not in | 55696 |
| direct conflict with those chapters or rules. | 55697 |
| (B) The state residential building code the board of building | 55698 |
| standards adopts pursuant to section 3781.10 of the Revised Code | 55699 |
| does not prevent a local governing authority from adopting | 55700 |
| additional regulations governing residential structures that do | 55701 |
| not conflict with the state residential building code if the | 55702 |
| procedures in division (C) of this section are followed. | 55703 |
| (C)(1) A local governing authority shall, and any person may, | 55704 |
| notify the board of building standards of any regulation the local | 55705 |
| governing authority adopts pursuant to division (B) of this | 55706 |
| section and request the board of building standards to determine | 55707 |
| whether that regulation conflicts with the state residential | 55708 |
| building code. | 55709 |
| (2) Not later than sixty days after receiving a notice under | 55710 |
| division (C)(1) of this section, the board shall determine whether | 55711 |
| the regulation conflicts with the state residential building code | 55712 |
| and shall notify any person who submitted the notice and the local | 55713 |
| governing authority that adopted the regulation of the board's | 55714 |
| determination. | 55715 |
| (a) If the board determines that a conflict does not exist, | 55716 |
| the board shall take no further action with regard to the | 55717 |
| regulation. If the board determines a conflict exists and the | 55718 |
| regulation is not necessary to protect the health or safety of the | 55719 |
| persons within the local governing authority's jurisdiction, the | 55720 |
| regulation is not valid and the local governing authority may not | 55721 |
| enforce the regulation. | 55722 |
| (b) If the board determines that a conflict exists and that | 55723 |
| the regulation is necessary to protect the health or safety of the | 55724 |
| persons within the local governing authority's jurisdiction, the | 55725 |
| board shall adopt a rule to incorporate the regulation into the | 55726 |
| state residential building code in accordance with division (D) of | 55727 |
| section 4740.14 of the Revised Code. Until the rule becomes a | 55728 |
| part of the state residential building code, the board shall grant | 55729 |
| a temporary variance to the local governing authority and any | 55730 |
| similarly situated local governing authority to which the board | 55731 |
| determines the temporary variance should apply. | 55732 |
| (D) As used in this section, "local governing authority" | 55733 |
| means a board of county commissioners, a board of township | 55734 |
| trustees, and the legislative authority of a municipal | 55735 |
| corporation. | 55736 |
| Sec. 3781.10. (A)(1) The board of building standards shall | 55737 |
| formulate and adopt rules governing the erection, construction, | 55738 |
| repair, alteration, and maintenance of all buildings or classes of | 55739 |
| buildings specified in section 3781.06 of the Revised Code, | 55740 |
| including land area incidental to those buildings, the | 55741 |
| construction of industrialized units, the installation of | 55742 |
| equipment, and the standards or requirements for materials used | 55743 |
| in connection with those buildings. The board shall incorporate | 55744 |
| those rules into separate residential and nonresidential building | 55745 |
| codes. The residential building code shall include sanitation and | 55746 |
| plumbing standards. The standards shall relate to the | 55747 |
| conservation of energy and the safety and sanitation of those | 55748 |
| buildings. | 55749 |
| (2) The rules governing nonresidential buildings are the | 55750 |
| lawful minimum requirements specified for those buildings and | 55751 |
| industrialized units, except that no rule other than as provided | 55752 |
| in division (C) of section 3781.108 of the Revised Code that | 55753 |
| specifies a higher requirement than is imposed by any section of | 55754 |
| the Revised Code is enforceable. The rules governing residential | 55755 |
| buildings are uniform requirements for residential buildings in | 55756 |
| any area with a building department certified to enforce the state | 55757 |
| residential building code. In no case shall any local code or | 55758 |
| regulation differ from the state residential building code unless | 55759 |
| that code or regulation addresses subject matter not addressed by | 55760 |
| the state residential building code or is adopted pursuant to | 55761 |
| section 3781.01 of the Revised Code. | 55762 |
| (3) The rules adopted pursuant to this section are complete, | 55763 |
| lawful alternatives to any requirements specified for buildings | 55764 |
|
or
industrialized
units in any section of the Revised
Code. | 55765 |
| Except as otherwise limited by division (I) of this section, the | 55766 |
| board shall, on its own motion or on application made under | 55767 |
| sections 3781.12 and 3781.13 of the Revised Code, formulate, | 55768 |
| propose, adopt, modify, amend, or repeal the rules to the extent | 55769 |
| necessary or desirable to effectuate the purposes of sections | 55770 |
| 3781.06 to 3781.18 of the Revised Code. | 55771 |
| (B) The board shall report to the general assembly proposals | 55772 |
| for amendments to existing statutes relating to the purposes | 55773 |
| declared in section 3781.06 of the Revised Code that public | 55774 |
| health and safety and the development of the arts require and | 55775 |
| shall recommend any additional legislation to assist in carrying | 55776 |
| out fully, in statutory form, the purposes declared in that | 55777 |
| section. The board shall prepare and submit to the general | 55778 |
| assembly a summary report of the number, nature, and disposition | 55779 |
| of the petitions filed under sections 3781.13 and 3781.14 of the | 55780 |
| Revised Code. | 55781 |
| (C) On its own motion or on application made under sections | 55782 |
| 3781.12 and 3781.13 of the Revised Code, and after thorough | 55783 |
| testing and evaluation, the board shall determine by rule that any | 55784 |
| particular fixture, device, material, process of manufacture, | 55785 |
| manufactured unit or component, method of manufacture, system, or | 55786 |
| method of construction complies with performance standards adopted | 55787 |
| pursuant to section 3781.11 of the Revised Code. The board shall | 55788 |
| make its determination with regard to adaptability for safe and | 55789 |
| sanitary erection, use, or construction, to that described in any | 55790 |
| section of the Revised Code, wherever the use of a fixture, | 55791 |
| device, material, method of manufacture, system, or method of | 55792 |
| construction described in that section of the Revised Code is | 55793 |
| permitted by law. The board shall amend or annul any rule or issue | 55794 |
| an authorization for the use of a new material or manufactured | 55795 |
| unit on any like application. No department, officer, board, or | 55796 |
| commission of the state other than the board of building standards | 55797 |
| or the board of building appeals shall permit the use of any | 55798 |
| fixture, device, material, method of manufacture, newly designed | 55799 |
| product, system, or method of construction at variance with what | 55800 |
| is described in any rule the board of building standards adopts or | 55801 |
| issues or that is authorized by any section of the Revised Code. | 55802 |
| Nothing in this section shall be construed as requiring approval, | 55803 |
| by rule, of plans for an industrialized unit that conforms with | 55804 |
| the rules the board of building standards adopts pursuant to | 55805 |
| section 3781.11 of the Revised Code. | 55806 |
| (D) The board shall recommend rules, codes, and standards to | 55807 |
| help carry out the purposes of section 3781.06 of the Revised Code | 55808 |
| and to help secure uniformity of state administrative rulings and | 55809 |
| local legislation and administrative action to the bureau of | 55810 |
| workers' compensation, the director of commerce, any other | 55811 |
| department, officer, board, or commission of the state, and to | 55812 |
| legislative authorities and building departments of counties, | 55813 |
| townships, and municipal corporations, and shall recommend that | 55814 |
| they audit those recommended rules, codes, and standards by any | 55815 |
| appropriate action that they are allowed pursuant to law or the | 55816 |
| constitution. | 55817 |
| (E)(1) The board shall certify municipal, township, and | 55818 |
| county building departments and the personnel of those building | 55819 |
| departments, and persons and employees of individuals, firms, or | 55820 |
| corporations as described in division (E)(7) of this section to | 55821 |
| exercise enforcement authority, to accept and approve plans and | 55822 |
| specifications, and to make inspections, pursuant to sections | 55823 |
| 3781.03, 3791.04, and 4104.43 of the Revised Code. | 55824 |
| (2) The board shall certify departments, personnel, and | 55825 |
| persons to enforce the state residential building code, to enforce | 55826 |
| the nonresidential building code, or to enforce both the | 55827 |
| residential and the nonresidential building codes. Any department, | 55828 |
| personnel, or person may enforce only the type of building code | 55829 |
| for which certified. | 55830 |
| (3) The board shall not require a building department, its | 55831 |
| personnel, or any persons that it employs to be certified for | 55832 |
| residential building code enforcement if that building department | 55833 |
| does not enforce the state residential building code. The board | 55834 |
| shall specify, in rules adopted pursuant to Chapter 119. of the | 55835 |
| Revised Code, the requirements for certification for residential | 55836 |
| and nonresidential building code enforcement, which shall be | 55837 |
| consistent with this division. The requirements for residential | 55838 |
| and nonresidential certification may differ. Except as otherwise | 55839 |
| provided in this division, the requirements shall include, but are | 55840 |
| not limited to, the satisfactory completion of an initial | 55841 |
| examination and, to remain certified, the completion of a | 55842 |
| specified number of hours of continuing building code education | 55843 |
| within each three-year period following the date of certification | 55844 |
| which shall be not less than thirty hours. The rules shall provide | 55845 |
| that continuing education credits and certification issued by the | 55846 |
| council of American building officials, national model code | 55847 |
| organizations, and agencies or entities the board recognizes are | 55848 |
| acceptable for purposes of this division. The rules shall specify | 55849 |
| requirements that are compatible, to the extent possible, with | 55850 |
| requirements the council of American building officials and | 55851 |
| national model code organizations establish. | 55852 |
| (4) The board shall establish and collect a certification and | 55853 |
| renewal fee for building department personnel, and persons and | 55854 |
| employees of persons, firms, or corporations as described in this | 55855 |
| section, who are certified pursuant to this division. | 55856 |
| (5) Any individual certified pursuant to this division shall | 55857 |
| complete the number of hours of continuing building code education | 55858 |
| that the board requires or, for failure to do so, forfeit | 55859 |
| certification. | 55860 |
| (6) This division does not require or authorize the board to | 55861 |
| certify personnel of municipal, township, and county building | 55862 |
| departments, and persons and employees of persons, firms, or | 55863 |
| corporations as described in this section, whose responsibilities | 55864 |
| do not include the exercise of enforcement authority, the approval | 55865 |
| of plans and specifications, or making inspections under the state | 55866 |
| residential and nonresidential building codes. | 55867 |
| (7) Enforcement authority for approval of plans and | 55868 |
| specifications and enforcement authority for inspections may be | 55869 |
| exercised, and plans and specifications may be approved and | 55870 |
| inspections may be made on behalf of a municipal corporation, | 55871 |
| township, or county, by any of the following who the board of | 55872 |
| building standards certifies: | 55873 |
| (a) Officers or employees of the municipal corporation, | 55874 |
| township, or county; | 55875 |
| (b) Persons, or employees of persons, firms, or corporations, | 55876 |
| pursuant to a contract to furnish architectural, engineering, or | 55877 |
| other services to the municipal corporation, township, or county; | 55878 |
| (c) Officers or employees of, and persons under contract | 55879 |
| with, a municipal corporation, township, county, health district, | 55880 |
| or other political subdivision, pursuant to a contract to furnish | 55881 |
| architectural, engineering, or other services. | 55882 |
| (8) Municipal, township, and county building departments have | 55883 |
| jurisdiction within the meaning of sections 3781.03, 3791.04, and | 55884 |
| 4104.43 of the Revised Code, only with respect to the types of | 55885 |
| buildings and subject matters for which they are certified under | 55886 |
| this section. | 55887 |
| (9) Certification shall be granted upon application by the | 55888 |
| municipal corporation, the board of township trustees, or the | 55889 |
| board of county commissioners and approval of that application by | 55890 |
| the board of building standards. The application shall set forth: | 55891 |
| (a) Whether the certification is requested for residential or | 55892 |
| nonresidential buildings, or both; | 55893 |
| (b) The number and qualifications of the staff composing the | 55894 |
| building department; | 55895 |
| (c) The names, addresses, and qualifications of persons, | 55896 |
| firms, or corporations contracting to furnish work or services | 55897 |
| pursuant to division (E)(7)(b) of this section; | 55898 |
| (d) The names of any other municipal corporation, township, | 55899 |
| county, health district, or political subdivision under contract | 55900 |
| to furnish work or services pursuant to division (E)(7) of this | 55901 |
| section; | 55902 |
| (e) The proposed budget for the operation of the building | 55903 |
| department. | 55904 |
| (10) The board of building standards shall adopt rules | 55905 |
| governing all of the following: | 55906 |
| (a) The certification of building department personnel and | 55907 |
| persons and employees of persons, firms, or corporations | 55908 |
| exercising authority pursuant to division (E)(7) of this section. | 55909 |
| The rules shall disqualify any employee of the department or | 55910 |
| person who contracts for services with the department from | 55911 |
| performing services for the department when that employee or | 55912 |
| person would have to pass upon, inspect, or otherwise exercise | 55913 |
| authority over any labor, material, or equipment the employee or | 55914 |
| person furnishes for the construction, alteration, or maintenance | 55915 |
| of a building or the preparation of working drawings or | 55916 |
| specifications for work within the jurisdictional area of the | 55917 |
| department. The department shall provide other similarly qualified | 55918 |
| personnel to enforce the residential and nonresidential building | 55919 |
| codes as they pertain to that work. | 55920 |
| (b) The minimum services to be provided by a certified | 55921 |
| building department. | 55922 |
| (11) The board of building standards may revoke or suspend | 55923 |
| certification to enforce the residential and nonresidential | 55924 |
| building codes, on petition to the board by any person affected by | 55925 |
| that enforcement or approval of plans, or by the board on its own | 55926 |
| motion. Hearings shall be held and appeals permitted on any | 55927 |
| proceedings for certification or revocation or suspension of | 55928 |
| certification in the same manner as provided in section 3781.101 | 55929 |
| of the Revised Code for other proceedings of the board of building | 55930 |
| standards. | 55931 |
| (12) Upon certification, and until that authority is revoked, | 55932 |
| any county or township building department shall enforce the | 55933 |
| residential and nonresidential building codes for which it is | 55934 |
| certified without regard to limitation upon the authority of | 55935 |
| boards of county commissioners under Chapter 307. of the Revised | 55936 |
| Code or boards of township trustees under Chapter 505. of the | 55937 |
| Revised Code. | 55938 |
| (F) In addition to hearings sections 3781.06 to 3781.18 and | 55939 |
| 3791.04 of the Revised Code require, the board of building | 55940 |
| standards shall make investigations and tests, and require from | 55941 |
| other state departments, officers, boards, and commissions | 55942 |
| information the board considers necessary or desirable to assist | 55943 |
| it in the discharge of any duty or the exercise of any power | 55944 |
| mentioned in this section or in sections 3781.06 to 3781.18, | 55945 |
| 3791.04, and 4104.43 of the Revised Code. | 55946 |
| (G) The board shall adopt rules and establish reasonable fees | 55947 |
| for the review of all applications submitted where the applicant | 55948 |
| applies for authority to use a new material, assembly, or product | 55949 |
| of a manufacturing process. The fee shall bear some reasonable | 55950 |
| relationship to the cost of the review or testing of the | 55951 |
| materials, assembly, or products and for the notification of | 55952 |
| approval or disapproval as provided in section 3781.12 of the | 55953 |
| Revised Code. | 55954 |
| (H) The residential construction advisory committee shall | 55955 |
| provide the board with a proposal for a state residential building | 55956 |
|
code that
the committee recommends pursuant to division | 55957 |
| of section 4740.14 of the Revised Code. Upon receiving a | 55958 |
| recommendation from the committee that is acceptable to the board, | 55959 |
| the board shall adopt rules establishing that code as the state | 55960 |
| residential building code. | 55961 |
| (I) The committee shall provide the board with proposed | 55962 |
| rules to update or amend the state residential building code or | 55963 |
| to update or amend rules that the board adopts pursuant to | 55964 |
| division (E) of this section that relate to the certification of | 55965 |
| entities that enforce the state residential building code that | 55966 |
| the committee recommends pursuant to division (D)(2) of section | 55967 |
| 4740.14 of the Revised Code. | 55968 |
| The board shall not adopt any rules to update or amend the | 55969 |
| state residential building code or the rules the board adopts | 55970 |
| pursuant to division (E) of this section as those rules relate to | 55971 |
| the certification of entities that enforce the state residential | 55972 |
| building code unless the board first receives a recommendation | 55973 |
| from the committee as described in division (D)(2) of section | 55974 |
| 4740.14 of the Revised Code. | 55975 |
| (J) The board shall cooperate with the director of job and | 55976 |
| family services when the director promulgates rules pursuant to | 55977 |
| section 5104.05 of the Revised Code regarding safety and | 55978 |
| sanitation in type A family day-care homes. | 55979 |
| | 55980 |
| requirements of section 3781.108 of the Revised Code. | 55981 |
| Sec. 3781.12. (A)(1) Any person may petition the board of | 55982 |
| building standards to adopt, amend, or annul a rule adopted | 55983 |
| pursuant to section 3781.10 of the Revised Code, except for any | 55984 |
| rules regarding the state residential building code or rules the | 55985 |
| board adopts pursuant to division (E) of that section as those | 55986 |
| rules relate to the certification of entities that enforce the | 55987 |
| state residential building code, or to permit the use of any | 55988 |
| particular fixture, device, material, system, method of | 55989 |
| manufacture, product of a manufacturing process, or method or | 55990 |
| manner of construction or installation that complies with | 55991 |
| performance standards adopted pursuant to section 3781.11 of the | 55992 |
| Revised Code, as regards the purposes declared in section 3781.06 | 55993 |
| of the Revised Code, of the fixtures, devices, materials, systems, | 55994 |
| or methods or manners of construction, manufacture or installation | 55995 |
| described in any section of the Revised Code relating to those | 55996 |
| purposes, where the use is permitted by law. | 55997 |
| (2) Any person may petition the residential construction | 55998 |
| advisory committee to recommend a rule to update or amend the | 55999 |
| state residential building code or to update or amend rules that | 56000 |
| the board adopts pursuant to division (E) of section 3781.10 of | 56001 |
| the Revised Code that relate to the certification of entities that | 56002 |
| enforce the state residential building code. | 56003 |
| (B) Upon petition under division (A) of this section, the | 56004 |
| board shall cause to be conducted testing and evaluation that | 56005 |
| the board determines desirable of any fixture, device, material, | 56006 |
| system, assembly or product of a manufacturing process, or method | 56007 |
| or manner of construction or installation sought to be used under | 56008 |
| the rules the board adopts pursuant to section 3781.10 of the | 56009 |
| Revised Code. | 56010 |
| (C) If the board, after hearing, determines it advisable to | 56011 |
| adopt the rule, amendment, or annulment, or to permit the use of | 56012 |
| the materials or assemblages petitioned for under division (A) of | 56013 |
| this section, it shall give at least thirty days' notice of the | 56014 |
| time and place of a public hearing as provided by section 119.03 | 56015 |
| of the Revised Code. No rule shall be adopted, amended, or | 56016 |
| annulled or the use of materials or assemblages authorized until | 56017 |
| after the public hearing. A copy of every rule, amendment, or | 56018 |
| annulment, and a copy of every approved material or assembly | 56019 |
| authorization signed by the chairperson of the board of building | 56020 |
| standards and sealed with the seal of the department of commerce | 56021 |
| shall, after final adoption or authorization by the board, be | 56022 |
| filed with the secretary of state and published as the board | 56023 |
| determines. The issuance of the authorization for the use of the | 56024 |
| materials or assemblages described in the petition constitutes | 56025 |
| approval for their use anywhere in this state. Any rule, | 56026 |
| amendment, or annulment does not take effect until a date the | 56027 |
| board fixes and states. No rule, amendment, or annulment applies | 56028 |
| to any building for which the plans or drawings, specifications, | 56029 |
| and data were approved prior to the time the rule, amendment, or | 56030 |
| annulment becomes effective. All hearings of the board are open | 56031 |
| to the public. Each member of the board may administer oaths in | 56032 |
| the performance of the member's duties. | 56033 |
| Sec. 3781.19. There is hereby established in the department | 56034 |
| of commerce a board of building appeals consisting of five members | 56035 |
| who shall be appointed by the governor with the advice and consent | 56036 |
| of the senate. Terms of office shall be for four years, commencing | 56037 |
| on the fourteenth day of October and ending on the thirteenth day | 56038 |
| of October. Each member shall hold office from the date of | 56039 |
| appointment until the end of the term for which the member was | 56040 |
| appointed. Any member appointed to fill a vacancy occurring prior | 56041 |
| to the expiration of the term for which the member's predecessor | 56042 |
| was appointed shall hold office for the remainder of such term. | 56043 |
| Any member shall continue in office subsequent to the expiration | 56044 |
| date of the member's term until a successor takes office, or until | 56045 |
| a period of sixty days has elapsed, whichever occurs first. One | 56046 |
| member shall be an attorney-at-law, admitted to the bar of this | 56047 |
| state and of the remaining members, one shall be a registered | 56048 |
| architect and one shall be a professional engineer, each of whom | 56049 |
| shall be duly licensed to practice their respective professions in | 56050 |
| this state, one shall be a fire prevention officer qualified under | 56051 |
| section 3737.66 of the Revised Code, and one shall be a person | 56052 |
| with recognized ability in the plumbing or pipefitting profession. | 56053 |
| No member of the board of building standards shall be a member of | 56054 |
| the board of building appeals. Each member shall be paid an amount | 56055 |
| fixed pursuant to Chapter 124. of the Revised Code per diem. The | 56056 |
| department shall provide and assign to the board such employees as | 56057 |
| are required by the board to perform its functions. The board may | 56058 |
| adopt its own rules of procedure not inconsistent with sections | 56059 |
| 3781.06 to 3781.18 and 3791.04 of the Revised Code, and may change | 56060 |
| them in its discretion. The board may establish reasonable fees, | 56061 |
| based on actual costs for administration of filing and processing, | 56062 |
| not to exceed two hundred dollars, for the costs of filing and | 56063 |
| processing appeals. A full and complete record of all proceedings | 56064 |
| of the board shall be kept and be open to public inspection. | 56065 |
| In the enforcement by any department of the state or any | 56066 |
| political subdivision of this chapter and Chapter 3791., and | 56067 |
| sections 3737.41, 3737.42, 4104.02, 4104.06, 4104.43, 4104.44, | 56068 |
| 4104.45, 4105.011, and 4105.11 of the Revised Code and any rule | 56069 |
| made thereunder, such department is the agency referred to in | 56070 |
| sections 119.07, 119.08, and 119.10 of the Revised Code. | 56071 |
| The appropriate municipal or county board of appeals, where | 56072 |
| one exists, certified pursuant to section 3781.20 of the Revised | 56073 |
| Code shall conduct the adjudication hearing referred to in | 56074 |
| sections 119.09 to 119.13 and required by section 3781.031 of the | 56075 |
| Revised Code. If there is no certified municipal or county board | 56076 |
| of appeals, the board of building appeals shall conduct the | 56077 |
| adjudication hearing. If the adjudication hearing concerns section | 56078 |
| 3781.111 of the Revised Code or any rule made thereunder, | 56079 |
| reasonable notice of the time, date, place, and subject of the | 56080 |
| hearing shall be given to any local corporation, association, or | 56081 |
| other organization composed of or representing handicapped | 56082 |
| persons, as defined in section 3781.111 of the Revised Code, or if | 56083 |
| there is no local organization, then to any statewide corporation, | 56084 |
| association, or other organization composed of or representing | 56085 |
| handicapped persons. | 56086 |
| In addition to the provisions of Chapter 119. of the Revised | 56087 |
| Code, the municipal, county, or state board of building appeals, | 56088 |
| as the agency conducting the adjudication hearing, may reverse or | 56089 |
| modify the order of the enforcing agency if it finds that the | 56090 |
| order is contrary to this chapter and Chapters 3791. and 4104., | 56091 |
| and sections 3737.41, 3737.42, 4105.011, and 4105.11 of the | 56092 |
| Revised Code and any rule made thereunder or to a fair | 56093 |
| interpretation or application of such laws or any rule made | 56094 |
| thereunder, or that a variance from the provisions of such laws or | 56095 |
| any rule made thereunder, in the specific case, will not be | 56096 |
| contrary to the public interest where a literal enforcement of | 56097 |
| such provisions will result in unnecessary hardship. | 56098 |
| The state board of building appeals or a certified municipal | 56099 |
| or county board of appeals shall render its decision within thirty | 56100 |
| days after the date of the adjudication hearing. Following the | 56101 |
| adjudication hearing, any municipal or county officer, official | 56102 |
| municipal or county board, or person who was a party to the | 56103 |
| hearing before the municipal or county board of appeals may apply | 56104 |
| to the state board of appeals for a de novo hearing before the | 56105 |
| state board, or may appeal directly to the court of common pleas | 56106 |
| pursuant to section 3781.031 of the Revised Code. | 56107 |
| In addition, any local corporation, association, or other | 56108 |
| organization composed of or representing handicapped persons as | 56109 |
| defined in section 3781.111 of the Revised Code, or, if no local | 56110 |
| corporation, association, or organization exists, then any | 56111 |
| statewide corporation, association, or other organization composed | 56112 |
| of or representing handicapped persons may apply for the de novo | 56113 |
| hearing or appeal to the court of common pleas from any decision | 56114 |
| of a certified municipal or county board of appeals interpreting, | 56115 |
| applying, or granting a variance from section 3781.111 of the | 56116 |
| Revised Code and any rule made thereunder. Application for a de | 56117 |
| novo hearing before the state board shall be made no later than | 56118 |
| thirty days after the municipal or county board renders its | 56119 |
| decision. | 56120 |
| The state board of building appeals or the appropriate | 56121 |
| certified local board of building appeals shall grant variances | 56122 |
| and exemptions from the requirements of section 3781.108 of the | 56123 |
| Revised Code in accordance with rules adopted by the board of | 56124 |
|
building standards pursuant to division | 56125 |
| of the Revised Code. | 56126 |
| The state board of building appeals or the appropriate | 56127 |
| certified local board of building appeals shall, in granting a | 56128 |
| variance or exemption from section 3781.108 of the Revised Code, | 56129 |
| in addition to any other considerations the state or the | 56130 |
| appropriate local board determines appropriate, consider the | 56131 |
| architectural and historical significance of the building. | 56132 |
| Sec. 3793.02. (A) The department of alcohol and drug | 56133 |
| addiction services shall promote, assist in developing, and | 56134 |
| coordinate or conduct programs of education and research for the | 56135 |
| prevention of alcohol and drug addiction, the prevention of | 56136 |
| gambling addiction, the treatment, including intervention, of | 56137 |
| alcoholics and persons who abuse drugs of abuse, including | 56138 |
| anabolic steroids, and the treatment, including intervention, of | 56139 |
| persons with gambling addictions. Programs established by the | 56140 |
| department shall include abstinence-based prevention and treatment | 56141 |
| programs. | 56142 |
| (B) In addition to the other duties prescribed by this | 56143 |
| chapter, the department shall do all of the following: | 56144 |
| (1) Promote and coordinate efforts in the provision of | 56145 |
| alcohol and drug addiction services and of gambling addiction | 56146 |
| services by other state agencies, as defined in section 1.60 of | 56147 |
| the Revised Code; courts; hospitals; clinics; physicians in | 56148 |
| private practice; public health authorities; boards of alcohol, | 56149 |
| drug addiction, and mental health services; alcohol and drug | 56150 |
| addiction programs; law enforcement agencies; gambling addiction | 56151 |
| programs; and related groups; | 56152 |
| (2) Provide for education and training in prevention, | 56153 |
| diagnosis, treatment, and control of alcohol and drug addiction | 56154 |
| and of gambling addiction for medical students, physicians, | 56155 |
| nurses, social workers, professional counselors, psychologists, | 56156 |
| and other persons who provide alcohol and drug addiction services | 56157 |
| or gambling addiction services; | 56158 |
| (3) Provide training and consultation for persons who | 56159 |
| supervise alcohol and drug addiction programs and facilities or | 56160 |
| gambling addiction programs and facilities; | 56161 |
| (4) Develop measures for evaluating the effectiveness of | 56162 |
| alcohol and drug addiction services, including services that use | 56163 |
| methadone treatment, and of gambling addiction services, and for | 56164 |
| increasing the accountability of alcohol and drug addiction | 56165 |
| programs and of gambling addiction programs; | 56166 |
| (5) Provide to each court of record, and biennially update, a | 56167 |
| list of the treatment and education programs within that court's | 56168 |
| jurisdiction that the court may require an offender, sentenced | 56169 |
| pursuant to section 4511.19 of the Revised Code, to attend; | 56170 |
| (6) | 56171 |
| sections 3313.752, 3345.41, and 3707.50 of the Revised Code | 56172 |
| available on the department's internet web site; | 56173 |
| (7) Provide a program of gambling addiction services on | 56174 |
| behalf of the state lottery commission, pursuant to an agreement | 56175 |
| entered into with the director of the commission under division | 56176 |
| (K) of section 3770.02 of the Revised Code. | 56177 |
| (C) The department may accept and administer grants from | 56178 |
| public or private sources for carrying out any of the duties | 56179 |
| enumerated in this section. | 56180 |
| (D) Pursuant to Chapter 119. of the Revised Code, the | 56181 |
| department shall adopt a rule defining the term "intervention" as | 56182 |
| it is used in this chapter in connection with alcohol and drug | 56183 |
| addiction services and in connection with gambling addiction | 56184 |
| services. The department may adopt other rules as necessary to | 56185 |
| implement the requirements of this chapter. | 56186 |
| Sec. 3793.04. The department of alcohol and drug addiction | 56187 |
| services shall develop, administer, and revise as necessary a | 56188 |
| comprehensive statewide alcohol and drug addiction services plan | 56189 |
| for the implementation of this chapter. The plan shall emphasize | 56190 |
| abstinence from the use of alcohol and drugs of abuse as the | 56191 |
| primary goal of alcohol and drug addiction services. The council | 56192 |
| on alcohol and drug addiction services shall advise the department | 56193 |
| in the development and implementation of the plan. | 56194 |
| The plan shall provide for the allocation of state and | 56195 |
| federal funds for service furnished by alcohol and drug addiction | 56196 |
| programs under contract with boards of alcohol, drug addiction, | 56197 |
| and mental health services and for distribution of the funds to | 56198 |
| such boards. The plan shall specify the methodology that the | 56199 |
| department will use for determining how funds will be allocated | 56200 |
| and distributed. A portion of the funds shall be allocated on the | 56201 |
| basis of the ratio of the population of each alcohol, drug | 56202 |
| addiction, and mental health service district to the total | 56203 |
| population of the state as determined from the most recent federal | 56204 |
| census or the most recent official estimate made by the United | 56205 |
| States census bureau. | 56206 |
| The plan shall ensure that alcohol and drug addiction | 56207 |
| services of a high quality are accessible to, and responsive to | 56208 |
| the needs of, all persons, especially those who are members of | 56209 |
| underserved groups, including, but not limited to, African | 56210 |
| Americans, Hispanics, native Americans, Asians, juvenile and adult | 56211 |
| offenders, women, and persons with special services needs due to | 56212 |
| age or disability. The plan shall include a program to promote and | 56213 |
| protect the rights of those who receive services. | 56214 |
| To aid in formulating the plan and in evaluating the | 56215 |
| effectiveness and results of alcohol and drug addiction services, | 56216 |
| the department, in consultation with the department of mental | 56217 |
| health, shall establish and maintain an information system or | 56218 |
| systems. The department of alcohol and drug addiction services | 56219 |
| shall specify the information that must be provided by boards of | 56220 |
| alcohol, drug addiction, and mental health services and by alcohol | 56221 |
| and drug addiction programs for inclusion in the system. The | 56222 |
|
department
shall not collect any personal information | 56223 |
| 56224 | |
| 56225 | |
|
by | 56226 |
| for purposes related to payment, health care operations, program | 56227 |
| and service evaluation, reporting activities, research, system | 56228 |
| administration, and oversight. | 56229 |
| In consultation with boards, programs, and persons receiving | 56230 |
| services, the department shall establish guidelines for the use of | 56231 |
| state and federal funds and for the boards' development of plans | 56232 |
| for services required by sections 340.033 and 3793.05 of the | 56233 |
| Revised Code. | 56234 |
| In any fiscal year, the department shall spend, or allocate | 56235 |
| to boards, for methadone maintenance programs or any similar | 56236 |
| programs not more than eight per cent of the total amount | 56237 |
| appropriated to the department for the fiscal year. | 56238 |
| Sec. 3901.38. As used in this section and sections 3901.381 | 56239 |
| to 3901.3814 of the Revised Code: | 56240 |
| (A) "Beneficiary" means any policyholder, subscriber, member, | 56241 |
| employee, or other person who is eligible for benefits under a | 56242 |
| benefits contract. | 56243 |
| (B) "Benefits contract" means a sickness and accident | 56244 |
| insurance policy providing hospital, surgical, or medical expense | 56245 |
| coverage, or a health insuring corporation contract or other | 56246 |
| policy or agreement under which a third-party payer agrees to | 56247 |
| reimburse for covered health care or dental services rendered to | 56248 |
| beneficiaries, up to the limits and exclusions contained in the | 56249 |
| benefits contract. | 56250 |
| (C) "Hospital" has the same meaning as in section 3727.01 of | 56251 |
| the Revised Code. | 56252 |
| (D) "Medicaid managed care organization" means a managed care | 56253 |
| organization that has a contract with the department of job and | 56254 |
| family services pursuant to section 5111.17 of the Revised Code. | 56255 |
| (E) "Provider" means a hospital, nursing home, physician, | 56256 |
| podiatrist, dentist, pharmacist, chiropractor, or other health | 56257 |
| care provider entitled to reimbursement by a third-party payer for | 56258 |
| services rendered to a beneficiary under a benefits contract. | 56259 |
| | 56260 |
| otherwise accept responsibility for payment for health care | 56261 |
| services rendered to a beneficiary, or arrange for the provision | 56262 |
| of health care services to a beneficiary. | 56263 |
| | 56264 |
| (1) An insurance company; | 56265 |
| (2) A health insuring corporation; | 56266 |
| (3) A labor organization; | 56267 |
| (4) An employer; | 56268 |
| (5) An intermediary organization, as defined in section | 56269 |
| 1751.01 of the Revised Code, that is not a health delivery network | 56270 |
| contracting solely with self-insured employers; | 56271 |
| (6) An administrator subject to sections 3959.01 to 3959.16 | 56272 |
| of the Revised Code; | 56273 |
| (7) A health delivery network, as defined in section 1751.01 | 56274 |
| of the Revised Code; | 56275 |
| (8) A medicaid managed care organization; | 56276 |
| (9) Any other person that is obligated pursuant to a benefits | 56277 |
| contract to reimburse for covered health care services rendered to | 56278 |
| beneficiaries under such contract. | 56279 |
| Sec. 3901.381. (A) Except as provided in sections 3901.382, | 56280 |
| 3901.383, 3901.384, and 3901.386 of the Revised Code, a | 56281 |
| third-party payer shall process a claim for payment for health | 56282 |
| care services rendered by a provider to a beneficiary in | 56283 |
| accordance with this section. | 56284 |
| (B)(1) Unless division (B)(2) or (3) of this section applies, | 56285 |
| when a third-party payer receives from a provider or beneficiary a | 56286 |
| claim on the standard claim form prescribed in rules adopted by | 56287 |
| the superintendent of insurance under section 3902.22 of the | 56288 |
| Revised Code, the third-party payer shall pay or deny the claim | 56289 |
| not later than thirty days after receipt of the claim. When a | 56290 |
| third-party payer denies a claim, the third-party payer shall | 56291 |
| notify the provider and the beneficiary. The notice shall state, | 56292 |
| with specificity, why the third-party payer denied the claim. | 56293 |
| (2)(a) Unless division (B)(3) of this section applies, when a | 56294 |
| provider or beneficiary has used the standard claim form, but the | 56295 |
| third-party payer determines that reasonable supporting | 56296 |
| documentation is needed to establish the third-party payer's | 56297 |
| responsibility to make payment, the third-party payer shall pay or | 56298 |
| deny the claim not later than forty-five days after receipt of the | 56299 |
| claim. Supporting documentation includes the verification of | 56300 |
| employer and beneficiary coverage under a benefits contract, | 56301 |
| confirmation of premium payment, medical information regarding the | 56302 |
| beneficiary and the services provided, information on the | 56303 |
| responsibility of another third-party payer to make payment or | 56304 |
| confirmation of the amount of payment by another third-party | 56305 |
| payer, and information that is needed to correct material | 56306 |
| deficiencies in the claim related to a diagnosis or treatment or | 56307 |
| the provider's identification. | 56308 |
| Not later than thirty days after receipt of the claim, the | 56309 |
| third-party payer shall notify all relevant external sources that | 56310 |
| the supporting documentation is needed. All such notices shall | 56311 |
| state, with specificity, the supporting documentation needed. If | 56312 |
| the notice was not provided in writing, the provider, beneficiary, | 56313 |
| or third-party payer may request the third-party payer to provide | 56314 |
| the notice in writing, and the third-party payer shall then | 56315 |
| provide the notice in writing. If any of the supporting | 56316 |
| documentation is under the control of the beneficiary, the | 56317 |
| beneficiary shall provide the supporting documentation to the | 56318 |
| third-party payer. | 56319 |
| The number of days that elapse between the third-party | 56320 |
| payer's last request for supporting documentation within the | 56321 |
| thirty-day period and the third-party payer's receipt of all of | 56322 |
| the supporting documentation that was requested shall not be | 56323 |
| counted for purposes of determining the third-party payer's | 56324 |
| compliance with the time period of not more than forty-five days | 56325 |
| for payment or denial of a claim. Except as provided in division | 56326 |
| (B)(2)(b) of this section, if the third-party payer requests | 56327 |
| additional supporting documentation after receiving the initially | 56328 |
| requested documentation, the number of days that elapse between | 56329 |
| making the request and receiving the additional supporting | 56330 |
| documentation shall be counted for purposes of determining the | 56331 |
| third-party payer's compliance with the time period of not more | 56332 |
| than forty-five days. | 56333 |
| (b) If a third-party payer determines, after receiving | 56334 |
| initially requested documentation, that it needs additional | 56335 |
| supporting documentation pertaining to a beneficiary's preexisting | 56336 |
| condition, which condition was unknown to the third-party payer | 56337 |
| and about which it was reasonable for the third-party payer to | 56338 |
| have no knowledge at the time of its initial request for | 56339 |
| documentation, and the third-party payer subsequently requests | 56340 |
| this additional supporting documentation, the number of days that | 56341 |
| elapse between making the request and receiving the additional | 56342 |
| supporting documentation shall not be counted for purposes of | 56343 |
| determining the third-party payer's compliance with the time | 56344 |
| period of not more than forty-five days. | 56345 |
| (c) When a third-party payer denies a claim, the third-party | 56346 |
| payer shall notify the provider and the beneficiary. The notice | 56347 |
| shall state, with specificity, why the third-party payer denied | 56348 |
| the claim. | 56349 |
| (d) If a third-party payer determines that supporting | 56350 |
| documentation related to medical information is routinely | 56351 |
| necessary to process a claim for payment of a particular health | 56352 |
| care service, the third-party payer shall establish a description | 56353 |
| of the supporting documentation that is routinely necessary and | 56354 |
| make the description available to providers in a readily | 56355 |
| accessible format. | 56356 |
| Third-party payers and providers shall, in connection with a | 56357 |
| claim, use the most current CPT code in effect, as published by | 56358 |
| the American medical association, the most current ICD-9 code in | 56359 |
| effect, as published by the United States department of health and | 56360 |
| human services, the most current CDT code in effect, as published | 56361 |
| by the American dental association, or the most current HCPCS code | 56362 |
| in effect, as published by the United States health care financing | 56363 |
| administration. | 56364 |
| (3) When a provider or beneficiary submits a claim by using | 56365 |
| the standard claim form prescribed in the superintendent's rules, | 56366 |
| but the information provided in the claim is materially deficient, | 56367 |
| the third-party payer shall notify the provider or beneficiary not | 56368 |
| later than fifteen days after receipt of the claim. The notice | 56369 |
| shall state, with specificity, the information needed to correct | 56370 |
| all material deficiencies. Once the material deficiencies are | 56371 |
| corrected, the third-party payer shall proceed in accordance with | 56372 |
| division (B)(1) or (2) of this section. | 56373 |
| It is not a violation of the notification time period of not | 56374 |
| more than fifteen days if a third-party payer fails to notify a | 56375 |
| provider or beneficiary of material deficiencies in the claim | 56376 |
| related to a diagnosis or treatment or the provider's | 56377 |
| identification. A third-party payer may request the information | 56378 |
| necessary to correct these deficiencies after the end of the | 56379 |
| notification time period. Requests for such information shall be | 56380 |
| made as requests for supporting documentation under division | 56381 |
| (B)(2) of this section, and payment or denial of the claim is | 56382 |
| subject to the time periods specified in that division. | 56383 |
| (C) For purposes of this section, if a dispute exists between | 56384 |
| a provider and a third-party payer as to the day a claim form was | 56385 |
| received by the third-party payer, both of the following apply: | 56386 |
| (1) If the provider or a person acting on behalf of the | 56387 |
| provider submits a claim directly to a third-party payer by mail | 56388 |
| and retains a record of the day the claim was mailed, there exists | 56389 |
| a rebuttable presumption that the claim was received by the | 56390 |
| third-party payer on the fifth business day after the day the | 56391 |
| claim was mailed, unless it can be proven otherwise. | 56392 |
| (2) If the provider or a person acting on behalf of the | 56393 |
| provider submits a claim directly to a third-party payer | 56394 |
| electronically, there exists a rebuttable presumption that the | 56395 |
| claim was received by the third-party payer twenty-four hours | 56396 |
| after the claim was submitted, unless it can be proven otherwise. | 56397 |
| (D) Nothing in this section requires a third-party payer to | 56398 |
| provide more than one notice to an employer whose premium for | 56399 |
| coverage of employees under a benefits contract has not been | 56400 |
| received by the third-party payer. | 56401 |
| (E) Compliance with the provisions of division (B)(3) of this | 56402 |
| section shall be determined separately from compliance with the | 56403 |
| provisions of divisions (B)(1) and (2) of this section. | 56404 |
| (F) A third party payer shall transmit electronically any | 56405 |
| payment with respect to claims paid by the third party payer to a | 56406 |
| provider under this section and under sections 3901.383, 3901.384, | 56407 |
| and 3901.386 of the Revised Code. | 56408 |
| Sec. 3901.383. (A) A provider and a third-party payer may do | 56409 |
| either of the following: | 56410 |
| (1) Enter into a contractual agreement under which time | 56411 |
| periods shorter than those set forth in section 3901.381 of the | 56412 |
| Revised Code are applicable to the third-party payer in paying a | 56413 |
| claim for any amount due for health care services rendered by the | 56414 |
| provider; | 56415 |
| (2) Enter into a contractual agreement under which the timing | 56416 |
| of payments by the third-party payer is not directly related to | 56417 |
| the receipt of a claim form. The contractual arrangement may | 56418 |
| include periodic interim payment arrangements, capitation payment | 56419 |
| arrangements, or other periodic payment arrangements acceptable to | 56420 |
| the provider and the third-party payer. Under a capitation payment | 56421 |
| arrangement, the third-party payer shall begin paying the | 56422 |
| capitated amounts to the beneficiary's primary care provider not | 56423 |
| later than sixty days after the date the beneficiary selects or is | 56424 |
| assigned to the provider. Under any other contractual periodic | 56425 |
| payment arrangement, the contractual agreement shall state, with | 56426 |
| specificity, the timing of payments by the third-party payer. | 56427 |
| (B) | 56428 |
| 56429 | |
| 56430 | |
| third-party payer, including a third-party payer that provides | 56431 |
| coverage under the medicaid program, shall not enter into a | 56432 |
| contractual arrangement under which time periods longer than those | 56433 |
| provided for in paragraph (c)(1) of 42 C.F.R. 447.46 are | 56434 |
| applicable to the third-party payer in paying a claim for any | 56435 |
| amount due for health care services rendered by the provider. | 56436 |
| Sec. 3901.3812. (A) If, after completion of an examination | 56437 |
| involving information collected from a six-month period, the | 56438 |
| superintendent finds that a third-party payer has committed a | 56439 |
| series of violations that, taken together, constitutes a | 56440 |
| consistent pattern or practice of violating division (A) of | 56441 |
| section 3901.3811 of the Revised Code, the superintendent may | 56442 |
| impose on the third-party payer any of the administrative remedies | 56443 |
| specified in division (B) of this section. In making a finding | 56444 |
| under this division, the superintendent shall apply the error | 56445 |
| tolerance standards for claims processing contained in the market | 56446 |
| conduct examiners handbook issued by the national association of | 56447 |
| insurance commissioners in effect at the time the claims were | 56448 |
| processed. | 56449 |
| Before imposing an administrative remedy, the superintendent | 56450 |
| shall provide written notice to the third-party payer informing | 56451 |
| the third-party payer of the reasons for the superintendent's | 56452 |
| finding, the administrative remedy the superintendent proposes to | 56453 |
| impose, and the opportunity to submit a written request for an | 56454 |
| administrative hearing regarding the finding and proposed remedy. | 56455 |
| If the third-party payer requests a hearing, the superintendent | 56456 |
| shall conduct the hearing in accordance with Chapter 119. of the | 56457 |
| Revised Code not later than fifteen days after receipt of the | 56458 |
| request. | 56459 |
| (B)(1) In imposing administrative remedies under division (A) | 56460 |
| of this section for violations of section 3901.381 of the Revised | 56461 |
| Code, the superintendent may do any of the following: | 56462 |
| (a) Levy a monetary penalty in an amount determined in | 56463 |
| accordance with division (B)(3) of this section; | 56464 |
| (b) Order the payment of interest directly to the provider in | 56465 |
| accordance with section 3901.389 of the Revised Code; | 56466 |
| (c) Order the third-party payer to cease and desist from | 56467 |
| engaging in the violations; | 56468 |
| (d) If a monetary penalty is not levied under division | 56469 |
| (B)(1)(a) of this section, impose any of the administrative | 56470 |
| remedies provided for in section 3901.22 of the Revised Code, | 56471 |
| other than those specified in divisions (D)(4) and (5) and (G) of | 56472 |
| that section. | 56473 |
| (2) In imposing administrative remedies under division (A) | 56474 |
| of this section for violations of sections 3901.384 to 3901.3810 | 56475 |
| of the Revised Code, the superintendent may do any of the | 56476 |
| following: | 56477 |
| (a) Levy a monetary penalty in an amount determined in | 56478 |
| accordance with division (B)(3) of this section; | 56479 |
| (b) Order the payment of interest directly to the provider in | 56480 |
| accordance with section 3901.38 of the Revised Code; | 56481 |
| (c) Order the third-party payer to cease and desist from | 56482 |
| engaging in the violations; | 56483 |
| (d) If a monetary penalty is not levied under division | 56484 |
| (B)(2)(a) of this section, impose any of the administrative | 56485 |
| remedies provided for in section 3901.22 of the Revised Code, | 56486 |
| other than those specified in divisions (D)(4) and (5) and (G) of | 56487 |
| that section. For violations of sections 3901.384 to 3901.3810 of | 56488 |
| the Revised Code that did not comply with section 3901.381 of the | 56489 |
| Revised Code, the superintendent may also use section 3901.22 of | 56490 |
| the Revised Code except divisions (D)(4) and (5) of that section. | 56491 |
| (3) A finding by the superintendent that a third-party payer | 56492 |
| has committed a series of violations that, taken together, | 56493 |
| constitutes a consistent pattern or practice of violating division | 56494 |
| (A) of section 3901.3811 of the Revised Code, shall constitute a | 56495 |
| single offense for purposes of levying a fine under division | 56496 |
| (B)(1)(a) and (B)(2)(a) of this section. For a first offense, the | 56497 |
| superintendent may levy a fine of not more than one hundred | 56498 |
| thousand dollars. For a second offense that occurs on or earlier | 56499 |
| than four years from the first offense, the superintendent may | 56500 |
| levy a fine of not more than one hundred fifty thousand dollars. | 56501 |
| For a third or additional offense that occurs on or earlier than | 56502 |
| seven years after a first offense, the superintendent may levy a | 56503 |
| fine of not more than three hundred thousand dollars. In | 56504 |
| determining the amount of a fine to be levied within the specified | 56505 |
| limits, the superintendent shall consider the following factors: | 56506 |
| (a) The extent and frequency of the violations; | 56507 |
| (b) Whether the violations were due to circumstances beyond | 56508 |
| the third-party payer's control; | 56509 |
| (c) Any remedial actions taken by the third-party payer to | 56510 |
| prevent future violations; | 56511 |
| (d) The actual or potential harm to others resulting from the | 56512 |
| violations; | 56513 |
| (e) If the third-party payer knowingly and willingly | 56514 |
| committed the violations; | 56515 |
| (f) The third-party payer's financial condition; | 56516 |
| (g) Any other factors the superintendent considers | 56517 |
| appropriate. | 56518 |
| (C) The remedies imposed by the superintendent under this | 56519 |
| section are in addition to, and not in lieu of, such other | 56520 |
| remedies as providers and beneficiaries may otherwise have by law. | 56521 |
| (D) Any fine collected under this section shall be paid into | 56522 |
| the state treasury as follows: | 56523 |
| (1) Twenty-five per cent of the total to the credit of the | 56524 |
| department of insurance operating fund created by section 3901.021 | 56525 |
| of the Revised Code; | 56526 |
| (2) Sixty-five per cent of the total to the credit of the | 56527 |
| general revenue fund; | 56528 |
| (3) Ten per cent of the total to the credit of claims | 56529 |
|
processing education | 56530 |
| the department of insurance operating fund created by section | 56531 |
| 3901.021 of the Revised Code. | 56532 |
| All money credited to the claims processing education | 56533 |
| account shall be used by the department of insurance to make | 56534 |
| technical assistance available to third-party payers, providers, | 56535 |
| and beneficiaries for effective implementation of the provisions | 56536 |
| of sections 3901.38 and 3901.381 to 3901.3814 of the Revised Code. | 56537 |
| Sec. 3901.3814. (A) Sections 3901.38 and 3901.381 to | 56538 |
| 3901.3813 of the Revised Code do not apply to the following: | 56539 |
| | 56540 |
| Chapters 3935. and 3937. of the Revised Code; | 56541 |
| | 56542 |
| administrators, as defined in section 3959.01 of the Revised Code, | 56543 |
| to the extent that federal law supersedes, preempts, prohibits, or | 56544 |
| otherwise precludes the application of any provisions of those | 56545 |
| sections to the plan and its administrators; | 56546 |
| | 56547 |
| medicare advantage program operated under Title XVIII of the | 56548 |
| "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as | 56549 |
| amended; | 56550 |
| | 56551 |
| 56552 | |
| 56553 | |
| 56554 | |
| 56555 | |
| 56556 | |
| 56557 | |
| 56558 | |
| 56559 | |
| 56560 | |
| 56561 |
| | 56562 |
| tricare program offered by the United States department of | 56563 |
|
defense | 56564 |
| | 56565 |
| children's buy-in program established under sections 5101.5211 to | 56566 |
| 5101.5216 of the Revised Code. | 56567 |
| (B) The application of sections 3901.38 to 3901.3813 of the | 56568 |
| Revised Code to medicaid managed care organizations neither | 56569 |
| affects the department of job and family services' authority | 56570 |
| under section 5111.01 of the Revised Code to act as the single | 56571 |
| state medicaid agency nor affects the department's authority to | 56572 |
| enter into contracts with managed care organizations under section | 56573 |
| 5111.17 of the Revised Code. | 56574 |
| Sec. 3903.77. (A) Every property and casualty insurance | 56575 |
| company doing business in this state, except as exempted by the | 56576 |
| superintendent of insurance, annually, shall cause to be prepared | 56577 |
| by a qualified actuary, appointed by the company, the following | 56578 |
| documents: | 56579 |
| (1) An actuarial opinion that certifies to the reasonableness | 56580 |
| of the insurance company's reserves and that shall be entitled a | 56581 |
| "statement of actuarial opinion"; | 56582 |
| (2) A summary that shall be in support of the statement of | 56583 |
| actuarial opinion and that shall be entitled an "actuarial opinion | 56584 |
| summary." An insurance company licensed but not domiciled in this | 56585 |
| state need not include the actuarial opinion summary in its | 56586 |
| submissions to the superintendent but shall make the summary | 56587 |
| available to the superintendent upon request. | 56588 |
| (B) The insurance company annually shall submit the documents | 56589 |
| prepared pursuant to division (A) of this section to the | 56590 |
| superintendent in accordance with the national association of | 56591 |
| insurance commissioners' property and casualty annual statement | 56592 |
| instructions. The documents shall accompany the insurance | 56593 |
| company's annual financial statement described in section 3901.77 | 56594 |
| of the Revised Code. | 56595 |
| (C)(1) Every property and casualty insurance company doing | 56596 |
| business in this state shall prepare an actuarial report and | 56597 |
| underlying work papers to support the statement of actuarial | 56598 |
| opinion and the actuarial opinion summary required under division | 56599 |
| (A) of this section in accordance with the national association | 56600 |
| of insurance commissioners' property and casualty statement | 56601 |
| instructions. The insurance company shall make the actuarial | 56602 |
| report and underlying work papers available to the superintendent | 56603 |
| upon request. | 56604 |
| (2) If an insurance company fails to provide the actuarial | 56605 |
| report or work papers at the request of the superintendent | 56606 |
| pursuant to division (C)(1) of this section or the superintendent | 56607 |
| determines that the actuarial report or work papers provided are | 56608 |
| unacceptable, the superintendent may contract with a qualified | 56609 |
| actuary at the expense of the insurance company to review the | 56610 |
| statement of actuarial opinion provided by the insurance company | 56611 |
| pursuant to division (A) of this section and the basis for that | 56612 |
| opinion and to prepare an actuarial report and work papers. | 56613 |
| (D) Except in cases of fraud or willful misconduct on the | 56614 |
| part of the actuary, no actuary appointed by an insurance company | 56615 |
| to prepare the statement of actuarial opinion and actuarial | 56616 |
| opinion summary required under division (A) of this section is | 56617 |
| liable for damages to any person except the insurance company and | 56618 |
| the superintendent for any act, error, omission, decision, or | 56619 |
| conduct with respect to the actuary's opinion. | 56620 |
| (E) The statement of actuarial opinion required under | 56621 |
| division (A) of this section is a public document and a public | 56622 |
| record as defined in section 149.43 of the Revised Code. However, | 56623 |
| the actuarial opinion summary, actuarial report, work papers, and | 56624 |
| any documents, materials or other information provided in support | 56625 |
| of the statement of actuarial opinion are privileged and | 56626 |
| confidential, are not a public record, and are not subject to | 56627 |
| subpoena or to discovery, and are not admissible in evidence in | 56628 |
| any private civil action. | 56629 |
| Neither the superintendent nor any person who receives | 56630 |
| documents, materials, or other information required to be kept | 56631 |
| confidential under this division while acting under the authority | 56632 |
| of the superintendent shall testify in any private civil action | 56633 |
| concerning any documents, materials, or other information required | 56634 |
| to be kept confidential under this division. | 56635 |
| This section shall not be construed to limit the | 56636 |
| superintendent's authority to release documents to the actuarial | 56637 |
| board for counseling and discipline so long as the documents are | 56638 |
| necessary for the purpose of professional disciplinary proceedings | 56639 |
| and the actuarial board for counseling and discipline establishes | 56640 |
| procedures satisfactory to the superintendent for preserving the | 56641 |
| confidentiality of the documents. Neither shall this section be | 56642 |
| construed to limit the superintendent's authority to use | 56643 |
| documents, materials, nor other information in furtherance of any | 56644 |
| regulatory or legal action brought as part of the superintendent's | 56645 |
| official duties. | 56646 |
| (F) In order to assist in the performance of the | 56647 |
| superintendent's duties, the superintendent may do all of the | 56648 |
| following: | 56649 |
| (1) Share documents, materials, or other information, | 56650 |
| including any documents, materials, or other information required | 56651 |
| to be kept confidential under division (E) of this section, with | 56652 |
| other state, federal, and international regulatory and law | 56653 |
| enforcement agencies and with the national association of | 56654 |
| insurance commissioners including its affiliates and subsidiaries | 56655 |
| if the recipient agrees to maintain the confidentiality and | 56656 |
| privileged status of the document, material, or other information | 56657 |
| and has the legal authority to maintain confidentiality; | 56658 |
| (2) Receive documents, materials, or other information, | 56659 |
| including otherwise confidential and privileged documents, | 56660 |
| materials, and information from other state, federal, and | 56661 |
| international regulatory and law enforcement agencies and from the | 56662 |
| national association of insurance commissioners including its | 56663 |
| affiliates and subsidiaries. The superintendent shall maintain the | 56664 |
| confidentiality and privileged status of any document, material, | 56665 |
| or other information received with notice of confidential and | 56666 |
| privileged status under the laws of the jurisdiction that is the | 56667 |
| source of the document, material, or information. | 56668 |
| (3) Enter into agreements consistent with divisions (E) and | 56669 |
| (F) of this section for the sharing and use of information. | 56670 |
| (G) No waiver of any privilege or claim of confidentiality of | 56671 |
| documents, materials, or other information shall occur as a result | 56672 |
| of any disclosure to the superintendent under this section or as a | 56673 |
| result of any sharing of documents, materials, or other | 56674 |
| information authorized by the superintendent under division (G) of | 56675 |
| this section. | 56676 |
| (H) As used in this section, "qualified actuary" means a | 56677 |
| person who is a member in good standing of the American academy of | 56678 |
| actuaries and who meets the requirements identified in the | 56679 |
| national association of insurance commissioners' property and | 56680 |
| casualty statement instructions. | 56681 |
| Sec. 3923.021. (A) As used in this section | 56682 |
| (1) "Benefits provided are not unreasonable in relation to | 56683 |
| the premium charged" means the rates were calculated in accordance | 56684 |
| with sound actuarial principles. | 56685 |
| (2) "Individual policy of sickness and accident insurance" | 56686 |
| includes sickness and accident insurance made available by | 56687 |
| insurers in the individual market to individuals, with or without | 56688 |
| family members or dependents, through group policies issued to one | 56689 |
| or more associations or entities. | 56690 |
| (B) With respect to any filing, made pursuant to section | 56691 |
| 3923.02 of the Revised Code, of any premium rates for any | 56692 |
| individual policy of sickness and accident insurance or | 56693 |
| certificates made available by an insurer to individuals in the | 56694 |
| individual market through a group policy or for any indorsement or | 56695 |
| rider pertaining thereto, the superintendent of insurance may, | 56696 |
| within thirty days after filing: | 56697 |
| (1) Disapprove such filing after finding that the benefits | 56698 |
| provided are unreasonable in relation to the premium charged. | 56699 |
| Such disapproval shall be effected by written order of the | 56700 |
| superintendent, a copy of which shall be mailed to the insurer | 56701 |
| that has made the filing. In the order, the superintendent shall | 56702 |
| specify the reasons for the disapproval and state that a hearing | 56703 |
| will be held within fifteen days after requested in writing by the | 56704 |
| insurer. If a hearing is so requested, the superintendent shall | 56705 |
| also give such public notice as the superintendent considers | 56706 |
| appropriate. The superintendent, within fifteen days after the | 56707 |
| commencement of any hearing, shall issue a written order, a copy | 56708 |
| of which shall be mailed to the insurer that has made the filing, | 56709 |
| either affirming the prior disapproval or approving such filing | 56710 |
| after finding that the benefits provided are not unreasonable in | 56711 |
| relation to the premium charged. | 56712 |
| (2) Set a date for a public hearing to commence no later than | 56713 |
| forty days after the filing. The superintendent shall give the | 56714 |
| insurer making the filing twenty days' written notice of the | 56715 |
| hearing and shall give such public notice as the superintendent | 56716 |
| considers appropriate. The superintendent, within twenty days | 56717 |
| after the commencement of a hearing, shall issue a written order, | 56718 |
| a copy of which shall be mailed to the insurer that has made the | 56719 |
| filing, either approving such filing if the superintendent finds | 56720 |
| that the benefits provided are not unreasonable in relation to the | 56721 |
| premium charged, or disapproving such filing if the superintendent | 56722 |
| finds that the benefits provided are unreasonable in relation to | 56723 |
| the premium charged. This division does not apply to any insurer | 56724 |
| organized or transacting the business of insurance under Chapter | 56725 |
| 3907. or 3909. of the Revised Code. | 56726 |
| (3) Take no action, in which case such filing shall be deemed | 56727 |
| to be approved and shall become effective upon the thirty-first | 56728 |
| day after such filing, unless the superintendent has previously | 56729 |
| given to the insurer a written approval. | 56730 |
| (C) At any time after any filing has been approved pursuant | 56731 |
| to this section, the superintendent may, after a hearing of which | 56732 |
| at least twenty days' written notice has been given to the insurer | 56733 |
| that has made such filing and for which such public notice as the | 56734 |
| superintendent considers appropriate has been given, withdraw | 56735 |
| approval of such filing after finding that the benefits provided | 56736 |
| are unreasonable in relation to the premium charged. Such | 56737 |
| withdrawal of approval shall be effected by written order of the | 56738 |
| superintendent, a copy of which shall be mailed to the insurer | 56739 |
| that has made the filing, which shall state the ground for such | 56740 |
| withdrawal and the date, not less than forty days after the date | 56741 |
| of such order, when the withdrawal or approval shall become | 56742 |
| effective. | 56743 |
| (D) The superintendent may retain at the insurer's expense | 56744 |
| such attorneys, actuaries, accountants, and other experts not | 56745 |
| otherwise a part of the superintendent's staff as shall be | 56746 |
| reasonably necessary to assist in the preparation for and conduct | 56747 |
| of any public hearing under this section. The expense for | 56748 |
| retaining such experts and the expenses of the department of | 56749 |
| insurance incurred in connection with such public hearing shall be | 56750 |
| assessed against the insurer in an amount not to exceed one | 56751 |
| one-hundredth of one per cent of the sum of premiums earned plus | 56752 |
| net realized investment gain or loss of such insurer as reflected | 56753 |
| in the most current annual statement on file with the | 56754 |
| superintendent. Any person retained shall be under the direction | 56755 |
| and control of the superintendent and shall act in a purely | 56756 |
| advisory capacity. | 56757 |
| Sec. 3923.11. (A) Sickness and accident insurance on a | 56758 |
| franchise plan is that form of sickness and accident insurance | 56759 |
| issued to either of the following: | 56760 |
| | 56761 |
| disability income insurance, two or more employees of any | 56762 |
| corporation, copartnership, or individual employer, or of any | 56763 |
| governmental corporation or agency or a department thereof; | 56764 |
| | 56765 |
| disability income insurance, two or more members of any trade or | 56766 |
| professional association, or labor union, or any other association | 56767 |
| having had an active existence for at least two years where such | 56768 |
| association or union has a constitution or bylaws and is formed in | 56769 |
|
good faith for purposes other than that of obtaining insurance. | 56770 |
| (B) In order that such sickness and accident insurance be | 56771 |
| considered as issued on a franchise plan, such employees or such | 56772 |
| members, with or without one or more of their dependents and | 56773 |
| members of their immediate families, must be issued the same form | 56774 |
| of an individual policy, varying only as to amounts and kinds of | 56775 |
| coverage applied for by such employees or such members, under an | 56776 |
| arrangement by which the premiums on such policies may be paid to | 56777 |
| the insurer periodically by the employer, with or without payroll | 56778 |
| deductions, or by the association for its members, or by some | 56779 |
| designated person acting on behalf of such employer or | 56780 |
| association. | 56781 |
| Sec. 3923.66. (A) As used in sections 3923.66 to 3923.70 of | 56782 |
| the Revised Code: | 56783 |
| (1) "Clinical peer" and "physician" have the same meanings as | 56784 |
| in section 1751.77 of the Revised Code. | 56785 |
| (2) "Authorized person" means a parent, guardian, or other | 56786 |
| person authorized to act on behalf of an insured with respect to | 56787 |
| health care decisions. | 56788 |
| (B) Sections 3923.66 to 3923.70 of the Revised Code do not | 56789 |
| apply to any individual or group policy of sickness and accident | 56790 |
| insurance covering only accident, credit, dental, disability | 56791 |
| income, long-term care, hospital indemnity, medicare supplement, | 56792 |
| medicare, tricare, specified disease, or vision care; coverage | 56793 |
| issued as a supplement to liability insurance; insurance arising | 56794 |
| out of workers' compensation or similar law; automobile medical | 56795 |
| payment insurance; or insurance under which benefits are payable | 56796 |
| with or without regard to fault and which is statutorily required | 56797 |
| to be contained in any liability insurance policy or equivalent | 56798 |
| self-insurance. | 56799 |
| (C) The superintendent of insurance shall establish and | 56800 |
| maintain a system for receiving and reviewing requests for review | 56801 |
| from insureds who have been denied coverage of a health care | 56802 |
| service on the grounds that the service is not a service covered | 56803 |
| under the terms of the insured's policy or certificate. | 56804 |
| On receipt of a written request from an insured or authorized | 56805 |
| person, the superintendent shall consider whether the health care | 56806 |
| service is a service covered under the terms of the insured's | 56807 |
| policy or certificate, except that the superintendent shall not | 56808 |
| conduct a review under this section unless the insured has | 56809 |
| exhausted the insurer's internal review process. The insurer and | 56810 |
| the insured or authorized person shall provide the superintendent | 56811 |
| with any information required by the superintendent that is in | 56812 |
| their possession and is germane to the review. | 56813 |
| Unless the superintendent is not able to do so because making | 56814 |
| the determination requires resolution of a medical issue, the | 56815 |
| superintendent shall determine whether the health care service at | 56816 |
| issue is a service covered under the terms of the insured's policy | 56817 |
| or certificate. The superintendent shall notify the insured, or | 56818 |
| authorized person, and the insurer of its determination or that it | 56819 |
| is not able to make a determination because the determination | 56820 |
| requires the resolution of a medical issue. | 56821 |
| If the superintendent notifies the insurer that making the | 56822 |
| determination requires the resolution of a medical issue, the | 56823 |
|
insurer shall | 56824 |
| external review under section 3923.67 or 3923.68 of the Revised | 56825 |
| Code. If the superintendent notifies the insurer that the health | 56826 |
| care service is not a covered service, the insurer is not required | 56827 |
| to cover the service or afford the insured an external review. | 56828 |
| Sec. 3923.67. (A) Except as provided in divisions (B) and | 56829 |
| (C) of this section, an insurer shall afford an insured an | 56830 |
| opportunity for an external review of a coverage denial when | 56831 |
| requested by the insured or authorized person, if both of the | 56832 |
| following are the case: | 56833 |
| (1) The insurer has denied, reduced, or terminated coverage | 56834 |
| for what would be a covered health care service except that the | 56835 |
| insurer has determined that the health care service is not | 56836 |
| medically necessary. | 56837 |
| (2) Except in the case of expedited review, the proposed | 56838 |
| service, plus any ancillary services and follow-up care, will cost | 56839 |
| the insured more than five hundred dollars if the proposed service | 56840 |
| is not covered by the insurer. | 56841 |
| External review shall be conducted in accordance with this | 56842 |
| section, except that if an insured with a terminal condition meets | 56843 |
| all of the criteria of division (A) of section 3923.68 of the | 56844 |
| Revised Code, an external review shall be conducted under that | 56845 |
| section. | 56846 |
| (B) An insured need not be afforded a review under this | 56847 |
| section in any of the following circumstances: | 56848 |
| (1) The superintendent of insurance has determined under | 56849 |
| section 3923.66 of the Revised Code that the health care service | 56850 |
| is not a service covered under the terms of the insured's policy | 56851 |
| or certificate. | 56852 |
| (2) The insured has failed to exhaust the insurer's internal | 56853 |
| review process. | 56854 |
| (3) The insured has previously afforded an external review | 56855 |
| for the same denial of coverage, and no new clinical information | 56856 |
| has been submitted to the insurer. | 56857 |
| (C)(1) An insurer may deny a request from an insured for an | 56858 |
| external review of an adverse decision from the insurer's internal | 56859 |
|
appeal process
if it
is requested later than | 56860 |
|
eighty days after receipt | 56861 |
| 56862 | |
| 56863 | |
| 56864 | |
| external review may be requested by the insured, an authorized | 56865 |
| person, the insured's provider, or a health care facility | 56866 |
| rendering health care service to the insured. The insured may | 56867 |
| request a review without the approval of the provider or the | 56868 |
| health care facility rendering the health care service. The | 56869 |
| provider or health care facility may not request a review without | 56870 |
| the prior consent of the insured. | 56871 |
| (2) An external review must be requested in writing, except | 56872 |
| that if the insured has a condition that requires expedited | 56873 |
| review, the review may be requested orally or by electronic means. | 56874 |
| When an oral or electronic request for review is made, written | 56875 |
| confirmation of the request must be submitted to the insurer not | 56876 |
| later than five days after the request is made. | 56877 |
| Except in the case of an expedited review, a request for an | 56878 |
| external review must be accompanied by written certification from | 56879 |
| the insured's provider or the health care facility rendering the | 56880 |
| health care service to the insured that the proposed service, plus | 56881 |
| any ancillary services and follow-up care, will cost the insured | 56882 |
| more than five hundred dollars if the proposed service is not | 56883 |
| covered by the insurer. | 56884 |
| (3) For an expedited review, the insured's provider must | 56885 |
| certify that the insured's condition could, in the absence of | 56886 |
| immediate medical attention, result in any of the following: | 56887 |
| (a) Placing the health of the insured or, with respect to a | 56888 |
| pregnant woman, the health of the insured or the unborn child, in | 56889 |
| serious jeopardy; | 56890 |
| (b) Serious impairment to bodily functions; | 56891 |
| (c) Serious dysfunction of any bodily organ or part. | 56892 |
| (D) The procedures used in conducting an external review | 56893 |
| shall include all of the following: | 56894 |
| (1) The review shall be conducted by an independent review | 56895 |
| organization assigned by the superintendent of insurance under | 56896 |
| section 3901.80 of the Revised Code. | 56897 |
| (2) Except as provided in divisions (D)(3) and (4) of this | 56898 |
| section, neither the clinical peer nor any health care facility | 56899 |
| with which the clinical peer is affiliated shall have any | 56900 |
| professional, familial, or financial affiliation with any of the | 56901 |
| following: | 56902 |
| (a) The insurer or any officer, director, or managerial | 56903 |
| employee of the insurer; | 56904 |
| (b) The insured, the insured's provider, or the practice | 56905 |
| group of the insured's provider; | 56906 |
| (c) The health care facility at which the health care service | 56907 |
| requested by the insured would be provided; | 56908 |
| (d) The development or manufacture of the principal drug, | 56909 |
| device, procedure, or therapy proposed for the insured. | 56910 |
| (3) Division (D)(2) of this section does not prohibit a | 56911 |
| clinical peer from conducting a review under any of the following | 56912 |
| circumstances: | 56913 |
| (a) The clinical peer is affiliated with an academic medical | 56914 |
| center that provides health care services to insureds of the | 56915 |
| insurer. | 56916 |
| (b) The clinical peer has staff privileges at a health care | 56917 |
| facility that provides health care services to insureds of the | 56918 |
| insurer. | 56919 |
| (c) The clinical peer has a contractual relationship with the | 56920 |
| insurer but was not involved with the insurer's coverage decision. | 56921 |
| (4) Division (D)(2) of this section does not prohibit the | 56922 |
| insurer from paying the independent review organization for the | 56923 |
| conduct of the review. | 56924 |
| (5) An insured shall not be required to pay for any part of | 56925 |
| the cost of the review. The cost of the review shall be borne by | 56926 |
| the insurer. | 56927 |
| (6)(a) The insurer shall provide to the independent review | 56928 |
| organization conducting the review a copy of those records in its | 56929 |
| possession that are relevant to the insured's medical condition | 56930 |
| and the review. | 56931 |
| Records shall be used solely for the purpose of this | 56932 |
| division. At the request of the independent review organization, | 56933 |
| the insurer, insured, provider, or health care facility rendering | 56934 |
| health care services to the insured shall provide any additional | 56935 |
| information the independent review organization requests to | 56936 |
| complete the review. A request for additional information may be | 56937 |
| made in writing, orally, or by electronic means. The independent | 56938 |
| review organization shall submit the request to the insured and | 56939 |
| insurer. If a request is submitted orally or by electronic means | 56940 |
| to an insured or insurer, not later than five days after the | 56941 |
| request is submitted, the independent review organization shall | 56942 |
| provide written confirmation of the request. If the review was | 56943 |
| initiated by a provider or health care facility, a copy of the | 56944 |
| request shall be submitted to the provider or health care | 56945 |
| facility. | 56946 |
| (b) An independent review organization is not required to | 56947 |
| make a decision if it has not received any requested information | 56948 |
| that it considers necessary to complete a review. An independent | 56949 |
| review organization that does not make a decision for this reason | 56950 |
| shall notify the insured and the insurer that a decision is not | 56951 |
| being made. The notice may be made in writing, orally, or by | 56952 |
| electronic means. An oral or electronic notice shall be confirmed | 56953 |
| in writing not later than five days after the oral or electronic | 56954 |
| notice is made. If the review was initiated by a provider or | 56955 |
| health care facility, a copy of the notice shall be submitted to | 56956 |
| the provider or health care facility. | 56957 |
| (7) The insurer may elect to cover the service requested and | 56958 |
| terminate the review. The insurer shall notify the insured and all | 56959 |
| other parties involved with the decision by mail, or with the | 56960 |
| consent or approval of the insured, by electronic means. | 56961 |
| (8) In making its decision, an independent review | 56962 |
| organization conducting the review shall take into account all of | 56963 |
| the following: | 56964 |
| (a) Information submitted by the insurer, the insured, the | 56965 |
| insured's provider, and the health care facility rendering the | 56966 |
| health care service, including the following: | 56967 |
| (i) The insured's medical records; | 56968 |
| (ii) The standards, criteria, and clinical rationale used by | 56969 |
| the insurer to make its decision. | 56970 |
| (b) Findings, studies, research, and other relevant documents | 56971 |
| of government agencies and nationally recognized organizations, | 56972 |
| including the national institutes of health or any board | 56973 |
| recognized by the national institutes of health, the national | 56974 |
| cancer institute, the national academy of sciences, the United | 56975 |
| States food and drug administration, the health care financing | 56976 |
| administration of the United States department of health and human | 56977 |
| services, and the agency for health care policy and research; | 56978 |
| (c) Relevant findings in peer-reviewed medical or scientific | 56979 |
| literature, published opinions of nationally recognized medical | 56980 |
| experts, and clinical guidelines adopted by relevant national | 56981 |
| medical societies. | 56982 |
| (9)(a) In the case of an expedited review, the independent | 56983 |
| review organization shall issue a written decision not later than | 56984 |
| seven days after the filing of the request for review. In all | 56985 |
| other cases, the independent review organization shall issue a | 56986 |
| written decision not later than thirty days after the filing of | 56987 |
| the request. The independent review organization shall send a copy | 56988 |
| of its decision to the insurer and the insured. If the insured's | 56989 |
| provider or the health care facility rendering health care | 56990 |
| services to the insured requested the review, the independent | 56991 |
| review organization shall also send a copy of its decision to the | 56992 |
| insured's provider or the health care facility. | 56993 |
| (b) The independent review organization's decision shall | 56994 |
| include a description of the insured's condition and the principal | 56995 |
| reasons for the decision and an explanation of the clinical | 56996 |
| rationale for the decision. | 56997 |
| (E) The independent review organization shall base its | 56998 |
| decision on the information submitted under division (D)(8) of | 56999 |
| this section. In making its decision, the independent review | 57000 |
| organization shall consider safety, efficacy, appropriateness, and | 57001 |
| cost-effectiveness. | 57002 |
| (F) The insurer shall provide any coverage determined by the | 57003 |
| independent review organization's decision to be medically | 57004 |
| necessary, subject to the other terms, limitations, and conditions | 57005 |
| of the insured's policy or certificate. | 57006 |
| Sec. 3923.68. (A) Each insurer shall establish a reasonable | 57007 |
| external, independent review process to examine the insurer's | 57008 |
| coverage decisions for insureds who meet all of the following | 57009 |
| criteria: | 57010 |
| (1) The insured has a terminal condition that, according to | 57011 |
| the current diagnosis of the insured's physician, has a high | 57012 |
| probability of causing death within two years. | 57013 |
| (2) The insured requests a review not later than | 57014 |
| hundred eighty days after receipt by the insured of notice from | 57015 |
|
the | 57016 |
| 57017 | |
| 57018 |
| (3) The insured's physician certifies that the insured has | 57019 |
| the condition described in division (A)(1) of this section and any | 57020 |
| of the following situations are applicable: | 57021 |
| (a) Standard therapies have not been effective in improving | 57022 |
| the condition of the insured. | 57023 |
| (b) Standard therapies are not medically appropriate for the | 57024 |
| insured. | 57025 |
| (c) There is no standard therapy covered by the insurer that | 57026 |
| is more beneficial than therapy described in division (A)(4) of | 57027 |
| this section. | 57028 |
| (4) The insured's physician has recommended a drug, device, | 57029 |
| procedure, or other therapy that the physician certifies, in | 57030 |
| writing, is likely to be more beneficial to the insured, in the | 57031 |
| physician's opinion, than standard therapies, or the insured has | 57032 |
| requested a therapy that has been found in a preponderance of | 57033 |
| peer-reviewed published studies to be associated with effective | 57034 |
| clinical outcomes for the same condition. | 57035 |
| (5) The insured has been denied coverage by the insurer for | 57036 |
| a drug, device, procedure, or other therapy recommended or | 57037 |
| requested pursuant to division (A)(4) of this section, and has | 57038 |
| exhausted the insurer's internal review process. | 57039 |
| (6) The drug, device, procedure, or other therapy, for which | 57040 |
| coverage has been denied, would be a covered health care service | 57041 |
| except for the insurer's determination that the drug, device, | 57042 |
| procedure, or other therapy is experimental or investigational. | 57043 |
| (B) A review shall be requested in writing, except that if | 57044 |
| the insured's physician determines that a therapy would be | 57045 |
| significantly less effective if not promptly initiated, the review | 57046 |
| may be requested orally or by electronic means. When an oral or | 57047 |
| electronic request for review is made, written confirmation of the | 57048 |
| request shall be submitted to the insurer not later than five days | 57049 |
| after the oral or written request is submitted. | 57050 |
| (C) The external, independent review process established by | 57051 |
| an insurer shall meet all of the following criteria: | 57052 |
| (1) Except as provided in division (E) of this section, the | 57053 |
| process shall afford all insureds who meet the criteria set forth | 57054 |
| in division (A) of this section the opportunity to have the | 57055 |
| insurer's decision to deny coverage of the recommended or | 57056 |
| requested therapy reviewed under the process. Each eligible | 57057 |
| insured shall be notified of that opportunity within thirty | 57058 |
| business days after the insurer denies coverage. | 57059 |
| (2) The review shall be conducted by an independent review | 57060 |
| organization assigned by the superintendent of insurance under | 57061 |
| section 3901.80 of the Revised Code. | 57062 |
| The independent review organization shall select a panel to | 57063 |
| conduct the review, which panel shall be composed of at least | 57064 |
| three physicians or other providers who, through clinical | 57065 |
| experience in the past three years, are experts in the treatment | 57066 |
| of the insured's medical condition and knowledgeable about the | 57067 |
| recommended or requested therapy. | 57068 |
| In either of the following circumstances, an exception may be | 57069 |
| made to the requirement that the review be conducted by an expert | 57070 |
| panel composed of a minimum of three physicians or other | 57071 |
| providers: | 57072 |
| (a) A review may be conducted by an expert panel composed of | 57073 |
| only two physicians or other providers if an insured has consented | 57074 |
| in writing to a review by the smaller panel. | 57075 |
| (b) A review may be conducted by a single expert physician or | 57076 |
| other provider if only the expert physician or other provider is | 57077 |
| available for the review. | 57078 |
| (3) Neither the insurer nor the insured shall choose, or | 57079 |
| control the choice of, the physician or other provider experts. | 57080 |
| (4) The selected experts, any health care facility with which | 57081 |
| an expert is affiliated, and the independent review organization | 57082 |
| arranging for the experts' review shall not have any professional, | 57083 |
| familial, or financial affiliation with any of the following: | 57084 |
| (a) The insurer or any officer, director, or managerial | 57085 |
| employee of the insurer; | 57086 |
| (b) The insured, the insured's physician, | 57087 |
| group of the insured's physician; | 57088 |
| (c) The health care facility at which the recommended or | 57089 |
| requested therapy would be provided; | 57090 |
| (d) The development or manufacture of the principal drug, | 57091 |
| device, procedure, or therapy involved in the recommended or | 57092 |
| requested therapy. | 57093 |
| However, experts affiliated with academic medical centers who | 57094 |
| provide health care services to insureds of the insurer may serve | 57095 |
| as experts on the review panel. Further, experts with staff | 57096 |
| privileges at a health care facility that provides health care | 57097 |
| services to insureds of the insurer, as well as experts who have a | 57098 |
| contractual relationship with the insurer, but who were not | 57099 |
| involved with the insurer's denial of coverage for the therapy | 57100 |
| under review, may serve as experts on the review panel. These | 57101 |
| nonaffiliation provisions do not preclude an insurer from paying | 57102 |
| for the experts' review, as specified in division (C)(5) of this | 57103 |
| section. | 57104 |
| (5) Insureds shall not be required to pay for any part of the | 57105 |
| cost of the review. The cost of the review shall be borne by the | 57106 |
| insurer. | 57107 |
| (6) The insurer shall provide to the independent review | 57108 |
| organization arranging for the experts' review a copy of those | 57109 |
| records in the insurer's possession that are relevant to the | 57110 |
| insured's medical condition and the review. The records shall be | 57111 |
| disclosed solely to the expert reviewers and shall be used solely | 57112 |
| for the purpose of this section. At the request of the expert | 57113 |
| reviewers, the insurer or the physician requesting the therapy | 57114 |
| shall provide any additional information that the expert reviewers | 57115 |
| request to complete the review. An expert reviewer is not required | 57116 |
| to render an opinion if the reviewer has not received any | 57117 |
| requested information that the reviewer considers necessary to | 57118 |
| complete the review. | 57119 |
| (7)(a) In the case of an expedited review, the independent | 57120 |
| review organization shall issue a written decision not later than | 57121 |
| seven days after the filing of the request for review. In all | 57122 |
| other cases, the independent review organization shall issue a | 57123 |
| written decision not later than thirty days after the filing of | 57124 |
| the request. The independent review organization shall send a copy | 57125 |
| of its decision to the insurer and the insured. If the insured's | 57126 |
| provider or the health care facility rendering health care | 57127 |
| services to the insured requested the review, the independent | 57128 |
| review organization shall also send a copy of its decision to the | 57129 |
| insured's provider or the health care facility. | 57130 |
| (b) In conducting the review, the experts on the panel shall | 57131 |
| take into account all of the following: | 57132 |
| (i) Information submitted by the insurer, the insured, and | 57133 |
| the insured's physician, including the insured's medical records | 57134 |
| and the standards, criteria, and clinical rationale used by the | 57135 |
| insurer to reach its coverage decision; | 57136 |
| (ii) Findings, studies, research, and other relevant | 57137 |
| documents of government agencies and nationally recognized | 57138 |
| organizations; | 57139 |
| (iii) Relevant findings in peer-reviewed medical or | 57140 |
| scientific literature and published opinions of nationally | 57141 |
| recognized medical experts; | 57142 |
| (iv) Clinical guidelines adopted by relevant national medical | 57143 |
| societies; | 57144 |
| (v) Safety, efficacy, appropriateness, and cost | 57145 |
| effectiveness. | 57146 |
| (8) Each expert on the panel shall provide the independent | 57147 |
| review organization with a professional opinion as to whether | 57148 |
| there is sufficient evidence to demonstrate that the recommended | 57149 |
| or requested therapy is likely to be more beneficial to the | 57150 |
| insured than standard therapies. | 57151 |
| (9) Each expert's opinion shall be presented in written form | 57152 |
| and shall include the following information: | 57153 |
| (a) A description of the insured's condition; | 57154 |
| (b) A description of the indicators relevant to determining | 57155 |
| whether there is sufficient evidence to demonstrate that the | 57156 |
| recommended or requested therapy is more likely than not to be | 57157 |
| more beneficial to the insured than standard therapies; | 57158 |
| (c) A description and analysis of any relevant findings | 57159 |
| published in peer-reviewed medical or scientific literature or the | 57160 |
| published opinions of medical experts or specialty societies; | 57161 |
| (d) A description of the insured's suitability to receive the | 57162 |
| recommended or requested therapy according to a treatment protocol | 57163 |
| in a clinical trial, if applicable. | 57164 |
| (10) The independent review organization shall provide the | 57165 |
| insurer with the opinions of the experts. The insurer shall make | 57166 |
| the experts' opinions available to the insured and the insured's | 57167 |
| physician, upon request. | 57168 |
| (11) The opinion of the majority of the experts on the panel, | 57169 |
| rendered pursuant to division (C)(8) of this section, is binding | 57170 |
| on the insurer with respect to that insured. If the opinions of | 57171 |
| the experts on the panel are evenly divided as to whether the | 57172 |
| therapy should be covered, the insurer's final decision shall be | 57173 |
| in favor of coverage. If less than a majority of the experts on | 57174 |
| the panel recommend coverage of the therapy, the insurer may, in | 57175 |
| its discretion, cover the therapy. However, any coverage provided | 57176 |
| pursuant to division (C)(11) of this section is subject to the | 57177 |
| terms, limitations, and conditions of the insured's policy or | 57178 |
| certificate with the insurer. | 57179 |
| (12) The insurer shall have written policies describing the | 57180 |
| external, independent review process. | 57181 |
| (D) If an insurer's initial denial of coverage for a therapy | 57182 |
| recommended or requested pursuant to division (A)(3) of this | 57183 |
| section is based upon an external, independent review of that | 57184 |
| therapy meeting the requirements of division (C) of this section, | 57185 |
| this section shall not be a basis for requiring a second external, | 57186 |
| independent review of the recommended or requested therapy. | 57187 |
| (E) At any time during the external, independent review | 57188 |
| process, the insurer may elect to cover the recommended or | 57189 |
| requested health care service and terminate the review. The | 57190 |
| insurer shall notify the insured and all other parties involved by | 57191 |
| mail or, with consent or approval of the insured, by electronic | 57192 |
| means. | 57193 |
| (F) The insurer shall annually file a certificate with the | 57194 |
| superintendent of insurance certifying its compliance with the | 57195 |
| requirements of this section. | 57196 |
| Sec. 3923.75. (A) As used in sections 3923.75 to 3923.79 of | 57197 |
| the Revised Code: | 57198 |
| (1) "Clinical peer" and "physician" have the same meanings as | 57199 |
| in section 1751.77 of the Revised Code. | 57200 |
| (2) "Authorized person" means a parent, guardian, or other | 57201 |
| person authorized to act on behalf of a plan member with respect | 57202 |
| to health care decisions. | 57203 |
| (B) Sections 3923.75 to 3923.79 of the Revised Code do not | 57204 |
| apply to any public employee benefit plan covering only accident, | 57205 |
| credit, dental, disability income, long-term care, hospital | 57206 |
| indemnity, medicare supplement, medicare, tricare, specified | 57207 |
| disease, or vision care; coverage issued as a supplement to | 57208 |
| liability insurance; insurance arising out of workers' | 57209 |
| compensation or similar law; automobile medical payment insurance; | 57210 |
| or insurance under which benefits are payable with or without | 57211 |
| regard to fault and which is statutorily required to be contained | 57212 |
| in any liability insurance policy or equivalent self-insurance. | 57213 |
| (C) The superintendent of insurance shall establish and | 57214 |
| maintain a system for receiving and reviewing requests for review | 57215 |
| from plan members who have been denied coverage of a health care | 57216 |
| service on the grounds that the service is not a service covered | 57217 |
| under the terms of the public employee benefit plan. | 57218 |
| On receipt of a written request from a plan member or | 57219 |
| authorized person, the superintendent shall consider whether the | 57220 |
| health care service is a service covered under the terms of the | 57221 |
| plan, except that the superintendent shall not conduct a review | 57222 |
| under this section unless the plan member has exhausted the plan's | 57223 |
| internal review process. The plan and the plan member or | 57224 |
| authorized person shall provide the superintendent with any | 57225 |
| information required by the superintendent that is in their | 57226 |
| possession and is germane to the review. | 57227 |
| Unless the superintendent is not able to do so because making | 57228 |
| the determination requires resolution of a medical issue, the | 57229 |
| superintendent shall determine whether the health care service at | 57230 |
| issue is a service covered under the terms of the plan. The | 57231 |
| superintendent shall notify the plan member, or authorized person, | 57232 |
| and the plan of its determination or that it is not able to make a | 57233 |
| determination because the determination requires the resolution of | 57234 |
| a medical issue. | 57235 |
| If the superintendent notifies the plan that making the | 57236 |
| determination requires the resolution of a medical issue, the plan | 57237 |
|
shall | 57238 |
| review under section 3923.76 or 3923.77 of the Revised Code. If | 57239 |
| the superintendent notifies the plan that the health care service | 57240 |
| is not a covered service, the plan is not required to cover the | 57241 |
| service or afford the plan member an external review. | 57242 |
| Sec. 3923.76. (A) Except as provided in divisions (B) and | 57243 |
| (C) of this section, a public employee benefit plan shall afford a | 57244 |
| plan member an opportunity for an external review of a coverage | 57245 |
| denial when requested by the plan member or authorized person, if | 57246 |
| both of the following are the case: | 57247 |
| (1) The plan has denied, reduced, or terminated coverage for | 57248 |
| what would be a covered health care service except that the plan | 57249 |
| has determined that the health care service is not medically | 57250 |
| necessary. | 57251 |
| (2) Except in the case of expedited review, the proposed | 57252 |
| service, plus any ancillary services and follow-up care, will cost | 57253 |
| the plan member more than five hundred dollars if the proposed | 57254 |
| service is not covered by the plan. | 57255 |
| External review shall be conducted in accordance with this | 57256 |
| section, except that if a plan member with a terminal condition | 57257 |
| meets all of the criteria of division (A) of section 3923.77 of | 57258 |
| the Revised Code, an external review shall be conducted under that | 57259 |
| section. | 57260 |
| (B) A plan member need not be afforded a review under this | 57261 |
| section in any of the following circumstances: | 57262 |
| (1) The superintendent of insurance has determined under | 57263 |
| section 3923.75 of the Revised Code that the health care service | 57264 |
| is not a service covered under the terms of the plan. | 57265 |
| (2) The plan member has failed to exhaust the plan's internal | 57266 |
| review process. | 57267 |
| (3) The plan member has previously been afforded an external | 57268 |
| review for the same denial of coverage, and no new clinical | 57269 |
| information has been submitted to the plan. | 57270 |
| (C)(1) A plan may deny a request from a plan member for an | 57271 |
| external review of an adverse decision from the plan's internal | 57272 |
|
appeal process if it
is
requested later than | 57273 |
| eighty days after receipt by the plan member of notice from the | 57274 |
| 57275 | |
| 57276 | |
| 57277 | |
| be requested by the plan member, an authorized person, the plan | 57278 |
| member's provider, or a health care facility rendering health care | 57279 |
| service to the plan member. The plan member may request a review | 57280 |
| without the approval of the provider or the health care facility | 57281 |
| rendering the health care service. The provider or health care | 57282 |
| facility may not request a review without the prior consent of the | 57283 |
| plan member. | 57284 |
| (2) An external review must be requested in writing, except | 57285 |
| that if the plan member has a condition that requires expedited | 57286 |
| review, the review may be requested orally or by electronic means. | 57287 |
| When an oral or electronic request for review is made, written | 57288 |
| confirmation of the request must be submitted to the plan not | 57289 |
| later than five days after the request is made. | 57290 |
| Except in the case of an expedited review, a request for an | 57291 |
| external review must be accompanied by written certification from | 57292 |
| the plan member's provider or the health care facility rendering | 57293 |
| the health care service to the plan member that the proposed | 57294 |
| service, plus any ancillary services and follow-up care, will cost | 57295 |
| the plan member more than five hundred dollars if the proposed | 57296 |
| service is not covered by the plan. | 57297 |
| (3) For an expedited review, the plan member's provider must | 57298 |
| certify that the plan member's condition could, in the absence of | 57299 |
| immediate medical attention, result in any of the following: | 57300 |
| (a) Placing the health of the plan member or, with respect to | 57301 |
| a pregnant woman, the health of the plan member or the unborn | 57302 |
| child, in serious jeopardy; | 57303 |
| (b) Serious impairment to bodily functions; | 57304 |
| (c) Serious dysfunction of any bodily organ or part. | 57305 |
| (D) The procedures used in conducting an external review | 57306 |
| shall include all of the following: | 57307 |
| (1) The review shall be conducted by an independent review | 57308 |
| organization assigned by the superintendent of insurance under | 57309 |
| section 3901.80 of the Revised Code. | 57310 |
| (2) Except as provided in divisions (D)(3) and (4) of this | 57311 |
| section, neither the clinical peer nor any health care facility | 57312 |
| with which the clinical peer is affiliated shall have any | 57313 |
| professional, familial, or financial affiliation with any of the | 57314 |
| following: | 57315 |
| (a) The plan or any officer, director, or managerial employee | 57316 |
| of the plan; | 57317 |
| (b) The plan member, the plan member's provider, or the | 57318 |
| practice group of the plan member's provider; | 57319 |
| (c) The health care facility at which the health care service | 57320 |
|
requested by the plan member would be provided | 57321 |
| (d) The development or manufacture of the principal drug, | 57322 |
| device, procedure, or therapy proposed for the plan member. | 57323 |
| (3) Division (D)(2) of this section does not prohibit a | 57324 |
| clinical peer from conducting a review under any of the following | 57325 |
| circumstances: | 57326 |
| (a) The clinical peer is affiliated with an academic medical | 57327 |
| center that provides health care services to members of the plan. | 57328 |
| (b) The clinical peer has staff privileges at a health care | 57329 |
| facility that provides health care services to members of the | 57330 |
| plan. | 57331 |
| (c) The clinical peer has a contractual relationship with the | 57332 |
| plan but was not involved with the plan's coverage decision. | 57333 |
| (4) Division (D)(2) of this section does not prohibit the | 57334 |
| plan from paying the independent review organization for the | 57335 |
| conduct of the review. | 57336 |
| (5) A plan member shall not be required to pay for any part | 57337 |
| of the cost of the review. The cost of the review shall be borne | 57338 |
| by the plan. | 57339 |
| (6)(a) The plan shall provide to the independent review | 57340 |
| organization conducting the review a copy of those records in its | 57341 |
| possession that are relevant to the plan member's medical | 57342 |
| condition and the review. | 57343 |
| Records shall be used solely for the purpose of this | 57344 |
| division. At the request of the independent review organization, | 57345 |
| the plan, plan member, provider, or health care facility rendering | 57346 |
| health care services to the plan member shall provide any | 57347 |
| additional information the independent review organization | 57348 |
| requests to complete the review. A request for additional | 57349 |
| information may be made in writing, orally, or by electronic | 57350 |
| means. The independent review organization shall submit the | 57351 |
| request to the plan member and the plan. If a request is submitted | 57352 |
| orally or by electronic means to a plan member or plan, not later | 57353 |
| than five days after the request is submitted, the independent | 57354 |
| review organization shall provide written confirmation of the | 57355 |
| request. If the review was initiated by a provider or health care | 57356 |
| facility, a copy of the request shall be submitted to the provider | 57357 |
| or health care facility. | 57358 |
| (b) An independent review organization is not required to | 57359 |
| make a decision if it has not received any requested information | 57360 |
| that it considers necessary to complete a review. An independent | 57361 |
| review organization that does not make a decision for this reason | 57362 |
| shall notify the plan member and the plan that a decision is not | 57363 |
| being made. The notice may be made in writing, orally, or by | 57364 |
| electronic means. An oral or electronic notice shall be confirmed | 57365 |
| in writing not later than five days after the oral or electronic | 57366 |
| notice is made. If the review was initiated by a provider or | 57367 |
| health care facility, a copy of the notice shall be submitted to | 57368 |
| the provider or health care facility. | 57369 |
| (7) The plan may elect to cover the service requested and | 57370 |
| terminate the review. The plan shall notify the plan member and | 57371 |
| all other parties involved with the decision by mail, or with the | 57372 |
| consent or approval of the plan member, by electronic means. | 57373 |
| (8) In making its decision, an independent review | 57374 |
| organization conducting the review shall take into account all of | 57375 |
| the following: | 57376 |
| (a) Information submitted by the plan, the plan member, the | 57377 |
| plan member's provider, and the health care facility rendering the | 57378 |
| health care service, including the following: | 57379 |
| (i) The plan member's medical records; | 57380 |
| (ii) The standards, criteria, and clinical rationale used by | 57381 |
| the plan to make its decision. | 57382 |
| (b) Findings, studies, research, and other relevant documents | 57383 |
| of government agencies and nationally recognized organizations, | 57384 |
| including the national institutes of health or any board | 57385 |
| recognized by the national institutes of health, the national | 57386 |
| cancer institute, the national academy of sciences, the United | 57387 |
| States food and drug administration, the health care financing | 57388 |
| administration of the United States department of health and human | 57389 |
| services, and the agency for health care policy and research; | 57390 |
| (c) Relevant findings in peer-reviewed medical or scientific | 57391 |
| literature, published opinions of nationally recognized medical | 57392 |
| experts, and clinical guidelines adopted by relevant national | 57393 |
| medical societies. | 57394 |
| (9)(a) In the case of an expedited review, the independent | 57395 |
| review organization shall issue a written decision not later than | 57396 |
| seven days after the filing of the request for review. In all | 57397 |
| other cases, the independent review organization shall issue a | 57398 |
| written decision not later than thirty days after the filing of | 57399 |
| the request. The independent review organization shall send a copy | 57400 |
| of its decision to the plan and the plan member. If the plan | 57401 |
| member's provider or the health care facility rendering health | 57402 |
| care services to the plan member requested the review, the | 57403 |
| independent review organization shall also send a copy of its | 57404 |
| decision to the plan member's provider or the health care | 57405 |
| facility. | 57406 |
| (b) The independent review organization's decision shall | 57407 |
| include a description of the plan member's condition and the | 57408 |
| principal reasons for the decision and an explanation of the | 57409 |
| clinical rationale for the decision. | 57410 |
| (E) The independent review organization shall base its | 57411 |
| decision on the information submitted under division (D)(8) of | 57412 |
| this section. In making its decision, the independent review | 57413 |
| organization shall consider safety, efficacy, appropriateness, and | 57414 |
| cost-effectiveness. | 57415 |
| (F) The plan shall provide any coverage determined by the | 57416 |
| independent review organization's decision to be medically | 57417 |
| necessary, subject to the other terms, limitations, and conditions | 57418 |
| of the plan. | 57419 |
| Sec. 3923.77. (A) Each public employee benefit plan shall | 57420 |
| establish a reasonable external review process to examine the | 57421 |
| plan's coverage decisions for plan members who meet all of the | 57422 |
| following criteria: | 57423 |
| (1) The plan member has a terminal condition that, according | 57424 |
| to the current diagnosis of the plan member's physician, has a | 57425 |
| high probability of causing death within two years. | 57426 |
| (2) The plan member requests a review not later than | 57427 |
| one hundred eighty days after receipt by the plan member of | 57428 |
|
notice from the
| 57429 |
| 57430 | |
| 57431 |
| (3) The plan member's physician certifies that the plan | 57432 |
| member has the condition described in division (A)(1) of this | 57433 |
| section and any of the following situations are applicable: | 57434 |
| (a) Standard therapies have not been effective in improving | 57435 |
| the condition of the plan member. | 57436 |
| (b) Standard therapies are not medically appropriate for the | 57437 |
| plan member. | 57438 |
| (c) There is no standard therapy covered by the plan that is | 57439 |
| more beneficial than therapy described in division (A)(4) of this | 57440 |
| section. | 57441 |
| (4) The plan member's physician has recommended a drug, | 57442 |
| device, procedure, or other therapy that the physician certifies, | 57443 |
| in writing, is likely to be more beneficial to the plan member, in | 57444 |
| the physician's opinion, than standard therapies, or the plan | 57445 |
| member has requested a therapy that has been found in a | 57446 |
| preponderance of peer-reviewed published studies to be associated | 57447 |
| with effective clinical outcomes for the same condition. | 57448 |
| (5) The plan member has been denied coverage by the plan for | 57449 |
| a drug, device, procedure, or other therapy recommended or | 57450 |
| requested pursuant to division (A)(4) of this section, and has | 57451 |
| exhausted all internal appeals. | 57452 |
| (6) The drug, device, procedure, or other therapy, for which | 57453 |
| coverage has been denied, would be a covered health care service | 57454 |
| except for the plan's determination that the drug, device, | 57455 |
| procedure, or other therapy is experimental or investigational. | 57456 |
| (B) A review shall be requested in writing, except that if | 57457 |
| the plan member's physician determines that a therapy would be | 57458 |
| significantly less effective if not promptly initiated, the review | 57459 |
| may be requested orally or by electronic means. When an oral or | 57460 |
| electronic request for review is made, written confirmation of the | 57461 |
| request shall be submitted to the plan not later than five days | 57462 |
| after the oral or written request is submitted. For an expedited | 57463 |
| review, the plan member's provider must certify that the requested | 57464 |
| or recommended therapy would be significantly less effective if | 57465 |
| not promptly initiated. | 57466 |
| (C) The external review process established by a plan shall | 57467 |
| meet all of the following criteria: | 57468 |
| (1) Except as provided in division (E) of this section, the | 57469 |
| process shall afford all plan members who meet the criteria set | 57470 |
| forth in division (A) of this section the opportunity to have the | 57471 |
| plan's decision to deny coverage of the recommended or requested | 57472 |
| therapy reviewed under the process. Each eligible plan member | 57473 |
| shall be notified of that opportunity within thirty business days | 57474 |
| after the plan denies coverage. | 57475 |
| (2) The review shall be conducted by an independent review | 57476 |
| organization assigned by the superintendent of insurance under | 57477 |
| section 3901.80 of the Revised Code. The independent review | 57478 |
| organization shall select a panel to conduct the review, which | 57479 |
| panel shall be composed of at least three physicians or other | 57480 |
| providers who, through clinical experience in the past three | 57481 |
| years, are experts in the treatment of the plan member's medical | 57482 |
| condition and knowledgeable about the recommended or requested | 57483 |
| therapy. If the independent review organization retained by the | 57484 |
| plan is an academic medical center, the panel may include experts | 57485 |
| affiliated with or employed by the academic medical center. | 57486 |
| In either of the following circumstances, an exception may be | 57487 |
| made to the requirement that the review be conducted by an expert | 57488 |
| panel composed of a minimum of three physicians or other | 57489 |
| providers: | 57490 |
| (a) A review may be conducted by an expert panel composed of | 57491 |
| only two physicians or other providers if a plan member has | 57492 |
| consented in writing to a review by the smaller panel. | 57493 |
| (b) A review may be conducted by a single expert physician or | 57494 |
| other provider if only the expert physician or other provider is | 57495 |
| available for the review. | 57496 |
| (3) Neither the plan nor the plan member shall choose, or | 57497 |
| control the choice of, the physician or other provider experts. | 57498 |
| (4) The selected experts, any health care facility with which | 57499 |
| an expert is affiliated, and the independent review organization | 57500 |
| arranging for the experts' review shall not have any professional, | 57501 |
| familial, or financial affiliation with any of the following: | 57502 |
| (a) The plan or any officer, director, or managerial employee | 57503 |
| of the plan; | 57504 |
| (b) The plan member, the plan member's physician, or the | 57505 |
| practice group of the plan member's physician; | 57506 |
| (c) The health care facility at which the recommended or | 57507 |
| requested therapy would be provided; | 57508 |
| (d) The development or manufacture of the principal drug, | 57509 |
| device, procedure, or therapy involved in the recommended or | 57510 |
| requested therapy. However, experts affiliated with academic | 57511 |
| medical centers who provide health care services to members of the | 57512 |
| plan may serve as experts on the review panel. Further, experts | 57513 |
| with staff privileges at a health care facility that provides | 57514 |
| health care services to members of the plan, as well as experts | 57515 |
| who have a contractual relationship with the plan, but who were | 57516 |
| not involved with the plan's denial of coverage for the therapy | 57517 |
| under review, may serve as experts on the review panel. These | 57518 |
| nonaffiliation provisions do not preclude a plan from paying for | 57519 |
| the experts' review, as specified in division (C)(5) of this | 57520 |
| section. | 57521 |
| (5) Plan members shall not be required to pay for any part of | 57522 |
| the cost of the review. The cost of the review shall be borne by | 57523 |
| the plan. | 57524 |
| (6) The plan shall provide to the independent review | 57525 |
| organization arranging for the experts' review a copy of those | 57526 |
| records in the plan's possession that are relevant to the plan | 57527 |
| member's medical condition and the review. The records shall be | 57528 |
| disclosed solely to the expert reviewers and shall be used solely | 57529 |
| for the purpose of this section. At the request of the expert | 57530 |
| reviewers, the plan or the physician requesting the therapy shall | 57531 |
| provide any additional information that the expert reviewers | 57532 |
| request to complete the review. An expert reviewer is not required | 57533 |
| to render an opinion if the reviewer has not received any | 57534 |
| requested information that the reviewer considers necessary to | 57535 |
| complete the review. | 57536 |
| (7)(a) In the case of an expedited review, the independent | 57537 |
| review organization shall issue a written decision not later than | 57538 |
| seven days after the filing of the request for review. In all | 57539 |
| other cases, the independent review organization shall issue a | 57540 |
| written decision not later than thirty days after the filing of | 57541 |
| the request. The independent review organization shall send a copy | 57542 |
| of its decision to the plan and the plan member. If the plan | 57543 |
| member's provider or the health care facility rendering health | 57544 |
| care services to the plan member requested the review, the | 57545 |
| independent review organization shall also send a copy of its | 57546 |
| decision to the plan member's provider or the health care | 57547 |
| facility. | 57548 |
| (b) In conducting the review, the experts on the panel shall | 57549 |
| take into account all of the following: | 57550 |
| (i) Information submitted by the plan, the plan member, and | 57551 |
| the plan member's physician, including the plan member's medical | 57552 |
| records and the standards, criteria, and clinical rationale used | 57553 |
| by the plan to reach its coverage decision; | 57554 |
| (ii) Findings, studies, research, and other relevant | 57555 |
| documents of government agencies and nationally recognized | 57556 |
| organizations; | 57557 |
| (iii) Relevant findings in peer-reviewed medical or | 57558 |
| scientific literature and published opinions of nationally | 57559 |
| recognized medical experts; | 57560 |
| (iv) Clinical guidelines adopted by relevant national medical | 57561 |
| societies; | 57562 |
| (v) Safety, efficacy, appropriateness, and | 57563 |
| cost-effectiveness. | 57564 |
| (8) Each expert on the panel shall provide the independent | 57565 |
| review organization with a professional opinion as to whether | 57566 |
| there is sufficient evidence to demonstrate that the recommended | 57567 |
| or requested therapy is likely to be more beneficial to the plan | 57568 |
| member than standard therapies. | 57569 |
| (9) Each expert's opinion shall be presented in written form | 57570 |
| and shall include the following information: | 57571 |
| (a) A description of the plan member's condition; | 57572 |
| (b) A description of the indicators relevant to determining | 57573 |
| whether there is sufficient evidence to demonstrate that the | 57574 |
| recommended or requested therapy is more likely than not to be | 57575 |
| more beneficial to the plan member than standard therapies; | 57576 |
| (c) A description and analysis of any relevant findings | 57577 |
| published in peer-reviewed medical or scientific literature or the | 57578 |
| published opinions of medical experts or specialty societies; | 57579 |
| (d) A description of the plan member's suitability to receive | 57580 |
| the recommended or requested therapy according to a treatment | 57581 |
| protocol in a clinical trial, if applicable. | 57582 |
| (10) The independent review organization shall provide the | 57583 |
| plan with the opinions of the experts. The plan shall make the | 57584 |
| experts' opinions available to the plan member and the plan | 57585 |
| member's physician, upon request. | 57586 |
| (11) The opinion of the majority of the experts on the panel, | 57587 |
| rendered pursuant to division (C)(8) of this section, is binding | 57588 |
| on the plan with respect to that plan member. If the opinions of | 57589 |
| the experts on the panel are evenly divided as to whether the | 57590 |
| therapy should be covered, the plan's final decision shall be in | 57591 |
| favor of coverage. If less than a majority of the experts on the | 57592 |
| panel recommend coverage of the therapy, the plan may, in its | 57593 |
| discretion, cover the therapy. However, any coverage provided | 57594 |
| pursuant to division (C)(11) of this section is subject to the | 57595 |
| terms, limitations, and conditions of the plan. | 57596 |
| (12) The plan shall have written policies describing the | 57597 |
| external review process. | 57598 |
| (D) If a plan's initial denial of coverage for a therapy | 57599 |
| recommended or requested pursuant to division (A)(3) of this | 57600 |
| section is based upon an external review of that therapy meeting | 57601 |
| the requirements of division (C) of this section, this section | 57602 |
| shall not be a basis for requiring a second external review of the | 57603 |
| recommended or requested therapy. | 57604 |
| (E) At any time during the external review process, the plan | 57605 |
| may elect to cover the recommended or requested health care | 57606 |
| service and terminate the review. The plan shall notify the plan | 57607 |
| member and all other parties involved by mail or, with consent or | 57608 |
| approval of the plan member, by electronic means. | 57609 |
| (F) The plan shall annually file a certificate with the | 57610 |
| superintendent of insurance certifying its compliance with the | 57611 |
| requirements of this section. | 57612 |
| Sec. 3923.90. (A) There is hereby created the health care | 57613 |
| coverage and quality council to advise the governor, general | 57614 |
| assembly, entities in the public and private sectors, and | 57615 |
| consumers on strategies to expand affordable health insurance | 57616 |
| coverage to more individuals and to improve the cost and quality | 57617 |
| of the state's health insurance system and health care system. | 57618 |
| (B) The council shall consist of the following members: | 57619 |
| (1) The superintendent of insurance or the superintendent's | 57620 |
| designee; | 57621 |
| (2) The director of the executive medicaid management | 57622 |
| administration; | 57623 |
| (3) The director of medicaid; | 57624 |
| (4) The director of health; | 57625 |
| (5) The benefits administrator of the office of benefits | 57626 |
| administration within the department of administrative services; | 57627 |
| (6) Two members of the house of representatives, one member | 57628 |
| appointed by the speaker of the house of representatives and one | 57629 |
| member appointed by the minority leader of the house of | 57630 |
| representatives; | 57631 |
| (7) Two members of the senate, one member appointed by the | 57632 |
| president of the senate and one member appointed by the minority | 57633 |
| leader of the senate; | 57634 |
| (8) The following members appointed by the governor, with the | 57635 |
| advice and consent of the senate: | 57636 |
| (a) Two representatives of consumers of health care services; | 57637 |
| (b) Two representatives of employers that provide health care | 57638 |
| coverage to their employees; | 57639 |
| (c) Two representatives of medical facilities, at least one | 57640 |
| of whom is a representative of a research and academic medical | 57641 |
| center; | 57642 |
| (d) Two individuals authorized under Chapter 4731. of the | 57643 |
| Revised Code to practice medicine and surgery or osteopathic | 57644 |
| medicine and surgery; | 57645 |
| (e) Two individuals or representatives of individuals | 57646 |
| authorized to practice any of the following: | 57647 |
| (i) Dentistry under Chapter 4715. of the Revised Code; | 57648 |
| (ii) Optometry under Chapter 4725. of the Revised Code; | 57649 |
| (iii) Podiatry under Chapter 4731. of the Revised Code; | 57650 |
| (iv) Chiropractic under Chapter 4734. of the Revised Code. | 57651 |
| (f) Two representatives of companies authorized under Chapter | 57652 |
| 3923. of the Revised Code to do the business of sickness and | 57653 |
| accident insurance in this state or of health insuring | 57654 |
| corporations holding certificates of authority under Chapter 1751. | 57655 |
| of the Revised Code; | 57656 |
| (g) Two representatives of organized labor; | 57657 |
| (h) One representative of a nonprofit organization | 57658 |
| experienced in health care data collection and analysis; | 57659 |
| (i) One individual with expertise in health information | 57660 |
| technology and exchange; | 57661 |
| (j) One representative of a state retirement system; | 57662 |
| (k) One public health professional. | 57663 |
| (9) Other members appointed by the superintendent of | 57664 |
| insurance. | 57665 |
| (C) Not later than thirty days after the effective date of | 57666 |
| this section, initial appointments shall be made to the council. | 57667 |
| The initial legislative members shall be appointed for terms | 57668 |
| ending three years from the date of appointment. The initial | 57669 |
| members appointed by the governor and the superintendent of | 57670 |
| insurance shall serve staggered terms of one, two, or three years, | 57671 |
| as selected by the governor or superintendent when making their | 57672 |
| respective appointments. Thereafter, terms of office for all | 57673 |
| appointed members shall be three years, with each term ending on | 57674 |
| the same day of the same month as the term it succeeds. Each | 57675 |
| member shall hold office from the date of appointment until the | 57676 |
| end of the term for which the member was appointed, except that a | 57677 |
| legislative member ceases to be a member of the council on | 57678 |
| ceasing to be a member of the general assembly. Members may be | 57679 |
| reappointed. | 57680 |
| Vacancies shall be filled in the same manner as original | 57681 |
| appointments. Any member appointed to fill a vacancy occurring | 57682 |
| prior to the expiration of the term for which the member's | 57683 |
| predecessor was appointed shall hold office for the remainder of | 57684 |
| that term. A member shall continue in office subsequent to the | 57685 |
| expiration date of the member's term until the member's successor | 57686 |
| takes office or until a period of sixty days has elapsed, | 57687 |
| whichever occurs first. | 57688 |
| (D) The superintendent or the superintendent's designee shall | 57689 |
| serve as chairperson of the council. The council shall meet at the | 57690 |
| call of the chair. A majority of the members of the council | 57691 |
| constitutes a quorum. | 57692 |
| (E) Members shall serve without compensation, except to the | 57693 |
| extent that serving on the council is considered part of their | 57694 |
| regular employment duties. | 57695 |
| (F) The superintendent may provide staff and other | 57696 |
| administrative support for the council to carry out its duties. In | 57697 |
| making staffing decisions, the superintendent may consider any | 57698 |
| recommendations made by the council. | 57699 |
| (G) Sections 101.82 to 101.87 of the Revised Code do not | 57700 |
| apply to the health care coverage and quality council. | 57701 |
| Sec. 3923.91. (A) The health care coverage and quality | 57702 |
| council shall do all of the following: | 57703 |
| (1) Advise the governor and general assembly on strategies to | 57704 |
| improve health care programs and health insurance policies and | 57705 |
| benefit plans; | 57706 |
| (2) Monitor and evaluate implementation of strategies for | 57707 |
| improving access to health insurance coverage and improving the | 57708 |
| quality of the state's health care system, identify barriers to | 57709 |
| implementing those strategies, and identify methods for overcoming | 57710 |
| the barriers; | 57711 |
| (3) Catalog existing health care data reporting efforts and | 57712 |
| make recommendations to improve data reporting in a manner that | 57713 |
| increases transparency and consistency in the health care and | 57714 |
| insurance coverage systems; | 57715 |
| (4) Study health care financing alternatives that will | 57716 |
| increase access to health insurance coverage, promote disease | 57717 |
| prevention and injury prevention, contain costs, and improve | 57718 |
| quality; | 57719 |
| (5) Evaluate the systems that individuals use to obtain or | 57720 |
| otherwise become connected with health insurance and recommend | 57721 |
| improvements to those systems or the use of alternative systems; | 57722 |
| (6) Recommend minimum coverage standards for basic and | 57723 |
| standard health insurance plans offered by insurance carriers; | 57724 |
| (7) Recommend strategies, such as subsidies, to assist | 57725 |
| individuals in being able to afford health insurance coverage; | 57726 |
| (8) Recommend strategies to implement health information | 57727 |
| technology to support improved access and quality and reduced | 57728 |
| costs in the state's health care system; | 57729 |
| (9) Perform any other duties specified in rules adopted by | 57730 |
| the superintendent of insurance. | 57731 |
| (B) The council shall prepare and issue an annual report, | 57732 |
| which may include recommendations, on or before the thirty-first | 57733 |
| day of December of each year. The council may prepare and issue | 57734 |
| other reports and recommendations at other times that the council | 57735 |
| finds appropriate. | 57736 |
| (C) The superintendent may adopt rules as necessary for the | 57737 |
| council to carry out its duties. The rules shall be adopted under | 57738 |
| Chapter 119. of the Revised Code. In adopting the rules, the | 57739 |
| superintendent may consider any recommendations made by the | 57740 |
| council. | 57741 |
| Sec. 3924.06. (A) Compliance with the underwriting and | 57742 |
| rating requirements contained in sections 3924.01 to 3924.14 of | 57743 |
| the Revised Code shall be demonstrated through actuarial | 57744 |
| certification. Carriers offering health benefit plans to small | 57745 |
| employers shall file annually with the superintendent of insurance | 57746 |
| an actuarial certification stating that the underwriting and | 57747 |
| rating methods of the carrier do all of the following: | 57748 |
| (1) Comply with accepted actuarial practices; | 57749 |
| (2) Are uniformly applied to health benefit plans covering | 57750 |
| small employers; | 57751 |
| (3) Comply with the applicable provisions of sections 3924.01 | 57752 |
| to 3924.14 of the Revised Code. | 57753 |
| (B) If a carrier has established a separate class of business | 57754 |
| for one or more small employer health care alliances in accordance | 57755 |
| with section 1731.09 of the Revised Code, this section shall apply | 57756 |
| in accordance with section 1731.09 of the Revised Code. | 57757 |
| (C) Carriers offering health benefit plans to small employers | 57758 |
| shall file premium rates with the superintendent in accordance | 57759 |
| with section 3923.02 of the Revised Code with respect to the | 57760 |
| carrier's sickness and accident insurance policies sold to small | 57761 |
| employers and in accordance with section 1751.12 of the Revised | 57762 |
| Code with respect to the carrier's health insuring corporation | 57763 |
| policies sold to small employers. | 57764 |
| Sec. 3929.43. (A) The Ohio fair plan underwriting | 57765 |
| association is hereby created consisting of all insurers | 57766 |
| authorized to write within this state, on a direct basis, basic | 57767 |
| property insurance or any component thereof in multi-peril | 57768 |
| policies, to assist applicants in urban areas to secure basic | 57769 |
| property insurance or homeowners insurance, and to formulate and | 57770 |
| administer a program for the equitable apportionment of basic | 57771 |
| property insurance or homeowners insurance which cannot be | 57772 |
| obtained in the normal market. Every such insurer shall be a | 57773 |
| member of the association and shall remain a member as a condition | 57774 |
| of its authority to write any of such insurance in this state. | 57775 |
| (B) The association, pursuant to sections 3929.41 to 3929.49 | 57776 |
| of the Revised Code, and the plan of operation, with respect to | 57777 |
| basic property insurance or homeowners insurance, may assume and | 57778 |
| cede reinsurance on insurable risks written by its members. | 57779 |
| (C) The board of governors of the association shall submit to | 57780 |
|
the superintendent of insurance, for | 57781 |
| of operation which shall provide for economical, fair, and | 57782 |
| nondiscriminatory administration of a program for the equitable | 57783 |
| apportionment among members of basic property insurance or | 57784 |
| homeowners insurance which may be afforded in urban areas to | 57785 |
| applicants whose property is insurable in accordance with | 57786 |
| reasonable underwriting standards, but who are unable to procure | 57787 |
| such insurance through normal channels. The association is under | 57788 |
| no obligation to issue basic property insurance or homeowners | 57789 |
|
insurance to any person, unless that person and | 57790 |
| property would be insurable in the normal insurance market, and | 57791 |
| such property, except for its location, would constitute an | 57792 |
| insurable risk in accordance with reasonable underwriting | 57793 |
| standards. The plan of operation shall provide that the | 57794 |
| association, in determining whether the property is insurable, | 57795 |
| shall give no consideration to the condition of surrounding | 57796 |
| property or properties, where such condition is not within the | 57797 |
| control of the applicant. Rates for basic property insurance and | 57798 |
|
homeowners insurance shall | 57799 |
|
subject to the approval of the superintendent | 57800 |
| 57801 | |
| 57802 | |
| 57803 | |
| 57804 | |
| 57805 | |
| 57806 | |
| members in amounts sufficient to operate the association, maximum | 57807 |
| limits of liability per location to be placed through the program, | 57808 |
| reasonable underwriting standards for determining insurability of | 57809 |
| a risk, and the commission to be paid to the licensed producer | 57810 |
| designated by the applicant. The superintendent shall adopt such | 57811 |
| plan and all amendments thereto pursuant to Chapter 119. of the | 57812 |
| Revised Code. | 57813 |
| If the superintendent disapproves the proposed plan of | 57814 |
| operation, the board of governors shall, within fifteen days, | 57815 |
| submit for approval an appropriately revised plan of operation and | 57816 |
| if the board of governors fails to do so, or if the revised plan | 57817 |
| submitted is unacceptable, the superintendent shall promulgate a | 57818 |
| plan of operation. | 57819 |
| If amendment of the plan of operation is requested by the | 57820 |
| superintendent or the board of governors, the board of governors | 57821 |
|
shall submit to the superintendent, for | 57822 |
| amendments. If such amendments are not approved by the | 57823 |
| superintendent, the board of governors shall, within fifteen days, | 57824 |
| submit for approval an appropriately revised amendment. If the | 57825 |
| board of governors fails to do so, or if the amendment is not | 57826 |
| approved by the superintendent, the superintendent shall | 57827 |
|
promulgate such amendment as | 57828 |
| necessary. | 57829 |
| (D)(1) The plan of operation may provide for periodic advance | 57830 |
| assessments against member insurers in amounts considered | 57831 |
| necessary to cover any deficit or projected deficit arising out of | 57832 |
| the operation of the association. Any provision in the plan for | 57833 |
| implementation of such advance assessments shall be approved by | 57834 |
| the superintendent. Any such provision in the plan shall also | 57835 |
| provide for quarterly or other periodic installment payment of | 57836 |
| such assessments. | 57837 |
| (2) Such plan shall provide a method whereby member insurers | 57838 |
| may recoup assessments levied by the association. In order to | 57839 |
| recoup such assessments the plan may also provide for the | 57840 |
| calculation and use of rates or rating factors to be applied to | 57841 |
| direct premiums for basic property insurance and homeowners | 57842 |
| insurance located in this state. Such a provision is subject to | 57843 |
| the approval of the superintendent. Member insurers of the | 57844 |
| association implementing a change in rates pursuant to this | 57845 |
| section shall file such changes with the superintendent. Such | 57846 |
| changes shall not increase rates more than the amount authorized | 57847 |
| by the association and approved by the superintendent pursuant to | 57848 |
| the plan. The association may consult with member insurers or | 57849 |
| licensed rating bureaus in connection with the establishment and | 57850 |
| operation of any such provision. | 57851 |
| (E) Any insurer which is a member of the association shall | 57852 |
| participate in the writings, expenses, profits, and losses of the | 57853 |
| association in the proportion that its premiums written bear to | 57854 |
| the aggregate premiums written by all members of the association, | 57855 |
| except that this division shall not be construed to preclude the | 57856 |
| board of governors from taking action to adjust assessments in | 57857 |
| accordance with a program adopted pursuant to division (I) of this | 57858 |
| section. | 57859 |
| (F) Such plan shall require the issuance of a binder | 57860 |
| providing coverage for which the applicant tenders an amount equal | 57861 |
|
to the annual premium as estimated by the association, | 57862 |
| appropriate percentage of that annual premium as determined by the | 57863 |
|
association. The binder | 57864 |
| 57865 | |
| application, provided that the application meets the underwriting | 57866 |
| standards of the association, for such term, and under such | 57867 |
|
conditions as are
determined by the superintendent | 57868 |
| The superintendent may alter such time requirement on a specific | 57869 |
|
risk
under such conditions as | 57870 |
| appropriate. | 57871 |
| (G) The association shall be governed by a board of governors | 57872 |
| consisting of twelve members, four of whom shall be appointed by | 57873 |
| the governor with the advice and consent of the senate. One of | 57874 |
| such members shall be a licensed agent writing basic property | 57875 |
| insurance for more than one insurer. None of the other three such | 57876 |
| members shall be a director, officer, salaried employee, agent, or | 57877 |
| substantial shareholder of any insurance company and not more than | 57878 |
| two of these three members shall be members of the same political | 57879 |
| party. Terms of office of members appointed by the governor shall | 57880 |
| be for two years, commencing on the nineteenth day of September | 57881 |
| and ending on the eighteenth day of September. Each member shall | 57882 |
|
hold office from the date of | 57883 |
|
term for which | 57884 |
| to fill a vacancy occurring prior to the expiration of the term | 57885 |
|
for which | 57886 |
| office for the remainder of such term. Any appointed member shall | 57887 |
|
continue in office subsequent to the expiration date
of | 57888 |
|
member's term until | 57889 |
| until a period of sixty days has elapsed, whichever occurs first. | 57890 |
| The remaining eight members shall be representatives from member | 57891 |
| companies, at least five of whom shall be Ohio domiciled members, | 57892 |
| elected annually by accumulated voting by members of the | 57893 |
| association whose votes shall be weighed in accordance with each | 57894 |
| member's premiums written during the second preceding calendar | 57895 |
| year. Not more than one insurer in a group under the same | 57896 |
| management or ownership shall serve on the board of governors at | 57897 |
| the same time. The eight representatives of member companies shall | 57898 |
| be elected at a meeting of the members or their authorized | 57899 |
| representatives, which shall be held at a time and place | 57900 |
| designated by the superintendent. | 57901 |
| (H) The plan shall be administered under the supervision of | 57902 |
| the superintendent. | 57903 |
| (I) The board of governors shall adopt a written program for | 57904 |
| decreasing the overall utilization of the association as a source | 57905 |
| of insurance. The program shall set forth actions that the board | 57906 |
| shall take to decrease such utilization, including actions | 57907 |
| intended to reduce the number of policies issued, the number of | 57908 |
| persons whose properties are insured, and the total amount and | 57909 |
| kinds of insurance written by the association, provided this | 57910 |
| division does not authorize the board to take action intended to | 57911 |
| decrease utilization of the association as a source of insurance | 57912 |
| if such action would substantially conflict with the purposes set | 57913 |
| forth in divisions (A), (B), and (D) of section 3929.41 of the | 57914 |
| Revised Code or the plan of operation of the association. | 57915 |
| Sec. 3937.41. (A) As used in this section: | 57916 |
| (1) "Ambulance" has the same meaning as in section 4765.01 of | 57917 |
| the Revised Code and also includes private ambulance companies | 57918 |
| under contract to a municipal corporation, township, or county. | 57919 |
| (2) "Emergency vehicle" means any of the following: | 57920 |
| (a) Any vehicle, as defined in section 4511.01 of the Revised | 57921 |
| Code, that is an emergency vehicle of a municipal, township, or | 57922 |
| county department or public utility corporation and that is | 57923 |
| identified as such as required by law, the director of public | 57924 |
| safety, or local authorities; | 57925 |
| (b) Any motor vehicle, as defined in section 4511.01 of the | 57926 |
| Revised Code, when commandeered by a police officer; | 57927 |
| (c) Any vehicle, as defined in section 4511.01 of the Revised | 57928 |
| Code, that is an emergency vehicle of a qualified nonprofit | 57929 |
| corporation police department established pursuant to section | 57930 |
| 1702.80 of the Revised Code and that is identified as an emergency | 57931 |
| vehicle; | 57932 |
| (d) Any vehicle, as defined in section 4511.01 of the Revised | 57933 |
| Code, that is an emergency vehicle of a proprietary police | 57934 |
| department or security department of a hospital operated by a | 57935 |
| public hospital agency or a nonprofit hospital agency that employs | 57936 |
| police officers under section 4973.17 of the Revised Code, and | 57937 |
| that is identified as an emergency vehicle. | 57938 |
| (3) "Firefighter" means any regular, paid, member of a | 57939 |
| lawfully constituted fire department of a municipal corporation or | 57940 |
| township. | 57941 |
| (4) "Law enforcement officer" means | 57942 |
| (a) A sheriff, deputy sheriff, constable, marshal, deputy | 57943 |
|
marshal, municipal | 57944 |
| or joint township police | 57945 |
| trooper, or member of a police force employed by a metropolitan | 57946 |
| housing authority under division (D) of section 3735.31 of the | 57947 |
| Revised Code; | 57948 |
| (b) A police officer employed by a qualified nonprofit police | 57949 |
| department pursuant to section 1702.80 of the Revised Code, or | 57950 |
| police officer employed by a proprietary police department or | 57951 |
| security department of a hospital operated by a public hospital | 57952 |
| agency or nonprofit hospital agency pursuant to section 4973.17 of | 57953 |
| the Revised Code; | 57954 |
| (c) An officer, agent, or employee of the state or any of its | 57955 |
| agencies, instrumentalities, or political subdivisions, upon whom, | 57956 |
| by statute, a duty to conserve the peace or to enforce all or | 57957 |
| certain laws is imposed and the authority to arrest violators is | 57958 |
| conferred, within the limits of that statutory duty and authority; | 57959 |
| (d) A veterans' home police officer appointed under section | 57960 |
| 5907.02 of the Revised Code; | 57961 |
| (e) A member of a police force employed by a regional transit | 57962 |
| authority under division (Y) of section 306.35 of the Revised | 57963 |
| Code. | 57964 |
| (5) "Motor vehicle accident" means any accident involving a | 57965 |
| motor vehicle which results in bodily injury to any person, or | 57966 |
| damage to the property of any person. | 57967 |
| (6) "Investigator" means an investigator of the bureau of | 57968 |
| criminal identification and investigation as defined in section | 57969 |
| 2903.11 of the Revised Code. | 57970 |
| (B) No insurer shall consider the circumstance that an | 57971 |
| applicant or policyholder has been involved in a motor vehicle | 57972 |
| accident while in the pursuit of the applicant's or policyholder's | 57973 |
| official duties as a law enforcement officer, firefighter, | 57974 |
| investigator, or operator of an emergency vehicle or ambulance, | 57975 |
| while operating a vehicle engaged in mowing or snow and ice | 57976 |
| removal as a county, township, or department of transportation | 57977 |
| employee, or while operating a vehicle while engaged in the | 57978 |
| pursuit of the applicant's or policyholder's official duties as a | 57979 |
| member of the motor carrier enforcement unit of the state highway | 57980 |
| patrol under section 5503.34 of the Revised Code, as a basis for | 57981 |
| doing either of the following: | 57982 |
| (1) Refusing to issue or deliver a policy of insurance upon a | 57983 |
| private automobile, or increasing the rate to be charged for such | 57984 |
| a policy; | 57985 |
| (2) Increasing the premium rate, canceling, or failing to | 57986 |
| renew an existing policy of insurance upon a private automobile. | 57987 |
| (C) Any applicant or policyholder affected by an action of an | 57988 |
| insurer in violation of this section may appeal to the | 57989 |
| superintendent of insurance. After a hearing held upon not less | 57990 |
| than ten days' notice to the applicant or policyholder and to the | 57991 |
| insurer and if the superintendent determines that the insurer has | 57992 |
| violated this section, the superintendent may direct the issuance | 57993 |
| of a policy, decrease the premium rate on a policy, or reinstate | 57994 |
| insurance coverage. | 57995 |
| (D) The employer of the law enforcement officer, firefighter, | 57996 |
| investigator, or operator of an emergency vehicle or ambulance, | 57997 |
| operator of a vehicle engaged in mowing or snow and ice removal, | 57998 |
| or operator of a vehicle who is a member of the motor carrier | 57999 |
| enforcement unit, except as otherwise provided in division (F) of | 58000 |
| this section, shall certify to the state highway patrol or law | 58001 |
| enforcement agency that investigates the accident whether the | 58002 |
| officer, firefighter, investigator, or operator of an emergency | 58003 |
| vehicle or ambulance, operator of a vehicle engaged in mowing or | 58004 |
| snow and ice removal, or operator of a vehicle who is a member of | 58005 |
| the motor carrier enforcement unit, was engaged in the performance | 58006 |
| of the person's official duties as such employee at the time of | 58007 |
| the accident. The employer shall designate an official authorized | 58008 |
| to make the certifications. The state highway patrol or law | 58009 |
| enforcement agency shall include the certification in any report | 58010 |
| of the accident forwarded to the department of public safety | 58011 |
| pursuant to sections 5502.11 and 5502.12 of the Revised Code and | 58012 |
| shall forward the certification to the department if received | 58013 |
| after the report of the accident has been forwarded to the | 58014 |
| department. The registrar of motor vehicles shall not include an | 58015 |
| accident in a certified abstract of information under division (A) | 58016 |
| of section 4509.05 of the Revised Code, if the person involved has | 58017 |
| been so certified as having been engaged in the performance of the | 58018 |
| person's official duties at the time of the accident. | 58019 |
| (E) Division (B) of this section does not apply to an insurer | 58020 |
| whose policy covers the motor vehicle at the time the motor | 58021 |
| vehicle is involved in an accident described in division (B) of | 58022 |
| this section. | 58023 |
| (F) Division (B) of this section does not apply if an | 58024 |
| applicant or policyholder, on the basis of the applicant's or | 58025 |
| policyholder's involvement in an accident described in that | 58026 |
| division, is convicted of or pleads guilty or no contest to a | 58027 |
| violation of section 4511.19 of the Revised Code or a municipal | 58028 |
| OVI ordinance as defined in section 4511.181 of the Revised Code. | 58029 |
| Sec. 4104.07. (A) An application for examination as an | 58030 |
| inspector of boilers and pressure vessels shall be in writing, | 58031 |
| accompanied by a fee of one hundred fifty dollars, upon a blank to | 58032 |
| be furnished by the superintendent of industrial compliance. Any | 58033 |
| moneys collected under this section shall be paid into the state | 58034 |
| treasury to the credit of the industrial compliance operating | 58035 |
| fund created in section 121.084 of the Revised Code. | 58036 |
| (B) The superintendent shall determine if an applicant meets | 58037 |
| all the requirements for examination in accordance with rules | 58038 |
| adopted by the board of building standards under section 4104.02 | 58039 |
| of the Revised Code. An application shall be rejected which | 58040 |
| contains any willful falsification, or untruthful statements. | 58041 |
| (C) An applicant shall be examined by the superintendent, by | 58042 |
| a written examination, prescribed by the board, dealing with the | 58043 |
| construction, installation, operation, maintenance, and repair of | 58044 |
| boilers and pressure vessels and their appurtenances, and the | 58045 |
| applicant shall be accepted or rejected on the merits of the | 58046 |
| applicant's application and examination. | 58047 |
| (D) Upon a favorable report by the superintendent of the | 58048 |
| result of an examination, the superintendent shall immediately | 58049 |
| issue to the successful applicant a certificate of competency to | 58050 |
| that effect. | 58051 |
| Sec. 4104.101. (A) No person shall install or make major | 58052 |
| repairs or modifications to any boiler without first registering | 58053 |
| to do so with the division of industrial compliance. | 58054 |
| (B) No person shall make any installation or major repair or | 58055 |
| modification of any boiler without first obtaining a permit to do | 58056 |
| so from the division. The permit application form shall provide | 58057 |
| the name and address of the owner, location of the boiler, and | 58058 |
| type of repair or modification that will be made. The application | 58059 |
|
permit
fee shall be | 58060 |
| (C) The superintendent of industrial compliance shall require | 58061 |
| annual registration of all contractors who install, make major | 58062 |
| repairs to, or modify any boiler. The board of building standards | 58063 |
| shall establish a reasonable fee to cover the cost of processing | 58064 |
| registrations. | 58065 |
| Sec. 4104.18. (A) The owner or user of a boiler required | 58066 |
| under section 4104.12 of the Revised Code to be inspected upon | 58067 |
| installation, and the owner or user of a boiler for which a | 58068 |
| certificate of inspection has been issued which is replaced with | 58069 |
| an appropriate certificate of operation, shall pay to the | 58070 |
| superintendent of industrial compliance a fee in the amount of | 58071 |
| 58072 | |
|
under
section 4104.11
of the Revised Code,
| 58073 |
| dollars for boilers subject to biennial inspection under section | 58074 |
|
4104.13 of the
Revised Code,
one hundred | 58075 |
| dollars for boilers subject to triennial inspection under section | 58076 |
|
4104.11
of the Revised
Code, or
two hundred
| 58077 |
| dollars for boilers subject to quinquennial inspection under | 58078 |
| section 4104.13 of the Revised Code. | 58079 |
| | 58080 |
| 58081 | |
| 58082 |
| (B) The fee for complete inspection during construction by a | 58083 |
| general inspector on boilers and pressure vessels manufactured | 58084 |
| within the state shall be thirty-five dollars per hour. Boiler and | 58085 |
| pressure vessel manufacturers other than those located in the | 58086 |
| state may secure inspection by a general inspector on work during | 58087 |
| construction, upon application to the superintendent, and upon | 58088 |
| payment of a fee of thirty-five dollars per hour, plus the | 58089 |
| necessary traveling and hotel expenses incurred by the inspector. | 58090 |
| (C) The application fee for applicants for steam engineer, | 58091 |
| high pressure boiler operator, or low pressure boiler operator | 58092 |
|
licenses is | 58093 |
| or renewal steam engineer, high pressure boiler operator, or low | 58094 |
|
pressure
boiler operator license is | 58095 |
| (D) The director of commerce, subject to the approval of the | 58096 |
| controlling board, may establish fees in excess of the fees | 58097 |
| provided in divisions (A), (B), and (C) of this section. Any | 58098 |
| moneys collected under this section shall be paid into the state | 58099 |
| treasury to the credit of the industrial compliance operating | 58100 |
| fund created in section 121.084 of the Revised Code. | 58101 |
| (E) Any person who fails to pay an invoiced renewal fee or an | 58102 |
| invoiced inspection fee required for any inspection conducted by | 58103 |
| the division of industrial compliance pursuant to this chapter | 58104 |
| within forty-five days of the invoice date shall pay a late | 58105 |
| payment fee equal to twenty-five per cent of the invoiced fee. | 58106 |
| (F) In addition to the fees assessed in divisions (A) and (B) | 58107 |
| of this section, the board of building standards shall assess the | 58108 |
| owner or user a fee of three dollars and twenty-five cents for | 58109 |
| each certificate of operation or renewal thereof issued under | 58110 |
| division (A) of this section and for each inspection conducted | 58111 |
| under division (B) of this section. The board shall adopt rules, | 58112 |
| in accordance with Chapter 119. of the Revised Code, specifying | 58113 |
| the manner by which the superintendent shall collect and remit to | 58114 |
| the board the fees assessed under this division and requiring that | 58115 |
| remittance of the fees be made at least quarterly. | 58116 |
| Sec. 4105.17. (A) The fee for each inspection, or attempted | 58117 |
| inspection that, due to no fault of a general inspector or the | 58118 |
| division of industrial compliance, is not successfully completed, | 58119 |
| by a general inspector before the operation of a permanent new | 58120 |
| elevator prior to the issuance of a certificate of operation, | 58121 |
| before operation of an elevator being put back into service after | 58122 |
| a repair or after an adjudication under section 4105.11 of the | 58123 |
| Revised Code, or as a result of the operation of section 4105.08 | 58124 |
| of the Revised Code and is an elevator required to be inspected | 58125 |
| under this chapter is one hundred twenty dollars plus ten dollars | 58126 |
| for each floor where the elevator stops. The superintendent of | 58127 |
| industrial compliance may assess an additional fee of one hundred | 58128 |
| 58129 | |
| where an elevator stops for the reinspection of an elevator when a | 58130 |
| previous attempt to inspect that elevator has been unsuccessful | 58131 |
| through no fault of a general inspector or the division of | 58132 |
| industrial compliance. | 58133 |
| (B) The fee for each inspection, or attempted inspection, | 58134 |
| that due to no fault of the general inspector or the division of | 58135 |
| industrial compliance, is not successfully completed by a general | 58136 |
| inspector before operation of a permanent new escalator or moving | 58137 |
| walk prior to the issuance of a certificate of operation, before | 58138 |
| operation of an escalator or moving walk being put back in service | 58139 |
| after a repair, or as a result of the operation of section 4105.08 | 58140 |
| of the Revised Code is three hundred dollars. The superintendent | 58141 |
| of the division of industrial compliance may assess an additional | 58142 |
| fee of one hundred fifty dollars for the reinspection of an | 58143 |
| escalator or moving walk when a previous attempt to inspect that | 58144 |
| escalator or moving walk has been unsuccessful through no fault of | 58145 |
| the general inspector or the division of industrial compliance. | 58146 |
| (C) The fee for issuing or renewing a certificate of | 58147 |
| operation under section 4105.15 of the Revised Code for an | 58148 |
| elevator that is inspected every six months in accordance with | 58149 |
| division (A) of section 4105.10 of the Revised Code is two hundred | 58150 |
| twenty dollars
plus | 58151 |
| elevator stops, except where the elevator has been inspected by a | 58152 |
| special inspector in accordance with section 4105.07 of the | 58153 |
| Revised Code. | 58154 |
| (D) The fee for issuing or renewing a certificate of | 58155 |
| operation under section 4105.05 of the Revised Code for an | 58156 |
| elevator that is inspected every twelve months in accordance with | 58157 |
| division (A) of section 4105.10 of the Revised Code is fifty-five | 58158 |
| dollars plus ten dollars for each floor where the elevator stops, | 58159 |
| except where the elevator has been inspected by a special | 58160 |
| inspector in accordance with section 4105.07 of the Revised Code. | 58161 |
| (E) The fee for issuing or renewing a certificate of | 58162 |
| operation under section 4105.15 of the Revised Code for an | 58163 |
| escalator or moving walk is three hundred dollars, except where | 58164 |
| the escalator or moving walk has been inspected by a special | 58165 |
| inspector in accordance section 4105.07 of the Revised Code. | 58166 |
| (F) All other fees to be charged for any examination given or | 58167 |
| other service performed by the division of industrial compliance | 58168 |
| pursuant to this chapter shall be prescribed by the director of | 58169 |
| commerce. The fees shall be reasonably related to the costs of | 58170 |
| such examination or other service. | 58171 |
| (G) The director of commerce, subject to the approval of the | 58172 |
| controlling board, may establish fees in excess of the fees | 58173 |
| provided in divisions (A), (B), (C), (D), and (E) of this section. | 58174 |
| Any moneys collected under this section shall be paid into the | 58175 |
| state treasury to the credit of the industrial compliance | 58176 |
| operating fund created in section 121.084 of the Revised Code. | 58177 |
| (H) Any person who fails to pay an inspection fee required | 58178 |
| for any inspection conducted by the division pursuant to this | 58179 |
| chapter within forty-five days after the inspection is conducted | 58180 |
| shall pay a late payment fee equal to twenty-five per cent of the | 58181 |
| inspection fee. | 58182 |
| (I) In addition to the fees assessed in divisions (A), (B), | 58183 |
| (C), (D), and (E) of this section, the board of building standards | 58184 |
| shall assess a fee of three dollars and twenty-five cents for each | 58185 |
| certificate of operation or renewal thereof issued under | 58186 |
| divisions (A), (B), (C), (D), or (E) of this section and for each | 58187 |
| permit issued under section 4105.16 of the Revised Code. The | 58188 |
| board shall adopt rules, in accordance with Chapter 119. of the | 58189 |
| Revised Code, specifying the manner by which the superintendent | 58190 |
| of industrial compliance shall collect and remit to the board the | 58191 |
| fees assessed under this division and requiring that remittance | 58192 |
| of the fees be made at least quarterly. | 58193 |
| (J) For purposes of this section: | 58194 |
| (1) "Escalator" means a power driven, inclined, continuous | 58195 |
| stairway used for raising or lowering passengers. | 58196 |
| (2) "Moving walk" means a passenger carrying device on which | 58197 |
| passengers stand or walk, with a passenger carrying surface that | 58198 |
| is uninterrupted and remains parallel to its direction of motion. | 58199 |
| Sec. 4115.04. (A)(1) Every public authority authorized to | 58200 |
| contract for or construct with its own forces a public | 58201 |
| improvement, before advertising for bids or undertaking such | 58202 |
| construction with its own forces, shall have the director of | 58203 |
| commerce determine the prevailing rates of wages of mechanics and | 58204 |
| laborers in accordance with section 4115.05 of the Revised Code | 58205 |
| for the class of work called for by the public improvement, in the | 58206 |
| locality where the work is to be performed. Except as provided in | 58207 |
| division (A)(2) of this section, that schedule of wages shall be | 58208 |
| attached to and made part of the specifications for the work, and | 58209 |
| shall be printed on the bidding blanks where the work is done by | 58210 |
| contract. A copy of the bidding blank shall be filed with the | 58211 |
| director before the contract is awarded. A minimum rate of wages | 58212 |
| for common laborers, on work coming under the jurisdiction of the | 58213 |
| department of transportation, shall be fixed in each county of the | 58214 |
| state by the department of transportation, in accordance with | 58215 |
| section 4115.05 of the Revised Code. | 58216 |
| (2) | 58217 |
| 58218 | |
| 58219 | |
| language in the contracts requiring wage rate determinations and | 58220 |
| updates to be obtained directly from the department of commerce | 58221 |
| through electronic or other means as appropriate. Contracts that | 58222 |
| include this requirement are exempt from the requirements | 58223 |
| established in division (A)(1) of this section that involve | 58224 |
| attaching the schedule of wages to the specifications for the | 58225 |
| work, making the schedule part of those specifications, and | 58226 |
| printing the schedule on the bidding blanks where the work is | 58227 |
| done by contract. | 58228 |
| (B) Sections 4115.03 to 4115.16 of the Revised Code do not | 58229 |
| apply to: | 58230 |
| (1) Public improvements in any case where the federal | 58231 |
| government or any of its agencies furnishes by loan or grant all | 58232 |
| or any part of the funds used in constructing such improvements, | 58233 |
| provided that the federal government or any of its agencies | 58234 |
| prescribes predetermined minimum wages to be paid to mechanics and | 58235 |
| laborers employed in the construction of such improvements; | 58236 |
| (2) A participant in a work activity, developmental activity, | 58237 |
| or an alternative work activity under sections 5107.40 to 5107.69 | 58238 |
| of the Revised Code when a public authority directly uses the | 58239 |
| labor of the participant to construct a public improvement if the | 58240 |
| participant is not engaged in paid employment or subsidized | 58241 |
| employment pursuant to the activity; | 58242 |
| (3) Public improvements undertaken by, or under contract for, | 58243 |
| the board of education of any school district or the governing | 58244 |
| board of any educational service center; | 58245 |
| (4) Public improvements undertaken by, or under contract for, | 58246 |
| a county hospital operated pursuant to Chapter 339. of the Revised | 58247 |
| Code or a municipal hospital operated pursuant to Chapter 749. of | 58248 |
| the Revised Code if none of the funds used in constructing the | 58249 |
| improvements are the proceeds of bonds or other obligations that | 58250 |
| are secured by the full faith and credit of the state, a county, a | 58251 |
| township, or a municipal corporation and none of the funds used in | 58252 |
| constructing the improvements, including funds used to repay any | 58253 |
| amounts borrowed to construct the improvements, are funds that | 58254 |
| have been appropriated for that purpose by the state, a board of | 58255 |
| county commissioners, a township, or a municipal corporation from | 58256 |
| funds generated by the levy of a tax, provided that a county | 58257 |
| hospital or municipal hospital may elect to apply sections 4115.03 | 58258 |
| to 4115.16 of the Revised Code to a public improvement undertaken | 58259 |
| by, or under contract for, the hospital; | 58260 |
| (5) Any project described in divisions (D)(1)(a) to (D)(1)(e) | 58261 |
| of section 176.05 of the Revised Code. | 58262 |
| Sec. 4117.01. As used in this chapter: | 58263 |
| (A) "Person," in addition to those included in division (C) | 58264 |
| of section 1.59 of the Revised Code, includes employee | 58265 |
| organizations, public employees, and public employers. | 58266 |
| (B) "Public employer" means the state or any political | 58267 |
| subdivision of the state located entirely within the state, | 58268 |
| including, without limitation, any municipal corporation with a | 58269 |
| population of at least five thousand according to the most recent | 58270 |
| federal decennial census; county; township with a population of at | 58271 |
| least five thousand in the unincorporated area of the township | 58272 |
| according to the most recent federal decennial census; school | 58273 |
| district; governing authority of a community school established | 58274 |
| under Chapter 3314. of the Revised Code; state institution of | 58275 |
| higher learning; public or special district; state agency, | 58276 |
| authority, commission, or board; or other branch of public | 58277 |
| employment. | 58278 |
| (C) "Public employee" means any person holding a position by | 58279 |
| appointment or employment in the service of a public employer, | 58280 |
| including any person working pursuant to a contract between a | 58281 |
| public employer and a private employer and over whom the national | 58282 |
| labor relations board has declined jurisdiction on the basis that | 58283 |
| the involved employees are employees of a public employer, except: | 58284 |
| (1) Persons holding elective office; | 58285 |
| (2) Employees of the general assembly and employees of any | 58286 |
| other legislative body of the public employer whose principal | 58287 |
| duties are directly related to the legislative functions of the | 58288 |
| body; | 58289 |
| (3) Employees on the staff of the governor or the chief | 58290 |
| executive of the public employer whose principal duties are | 58291 |
| directly related to the performance of the executive functions of | 58292 |
| the governor or the chief executive; | 58293 |
| (4) Persons who are members of the Ohio organized militia, | 58294 |
| while training or performing duty under section 5919.29 or 5923.12 | 58295 |
| of the Revised Code; | 58296 |
| (5) Employees of the state employment relations board, | 58297 |
| including those employees of the state employment relations board | 58298 |
| utilized by the state personnel board of review in the exercise of | 58299 |
| the powers and the performance of the duties and functions of the | 58300 |
| state personnel board of review; | 58301 |
| (6) Confidential employees; | 58302 |
| (7) Management level employees; | 58303 |
| (8) Employees and officers of the courts, assistants to the | 58304 |
| attorney general, assistant prosecuting attorneys, and employees | 58305 |
| of the clerks of courts who perform a judicial function; | 58306 |
| (9) Employees of a public official who act in a fiduciary | 58307 |
| capacity, appointed pursuant to section 124.11 of the Revised | 58308 |
| Code; | 58309 |
| (10) Supervisors; | 58310 |
| (11) Students whose primary purpose is educational training, | 58311 |
| including graduate assistants or associates, residents, interns, | 58312 |
| or other students working as part-time public employees less than | 58313 |
| fifty per cent of the normal year in the employee's bargaining | 58314 |
| unit; | 58315 |
| (12) Employees of county boards of election; | 58316 |
| (13) Seasonal and casual employees as determined by the state | 58317 |
| employment relations board; | 58318 |
| (14) Part-time faculty members of an institution of higher | 58319 |
| education; | 58320 |
| (15) | 58321 |
| | 58322 |
| or alternative work activity under sections 5107.40 to 5107.69 of | 58323 |
| the Revised Code who perform a service for a public employer that | 58324 |
| the public employer needs but is not performed by an employee of | 58325 |
| the public employer if the participant is not engaged in paid | 58326 |
| employment or subsidized employment pursuant to the activity; | 58327 |
| | 58328 |
| service of the department of transportation under section 5501.20 | 58329 |
| of the Revised Code; | 58330 |
| | 58331 |
| and district community-based correctional facilities created under | 58332 |
| sections 2301.51 to 2301.58 of the Revised Code who are not | 58333 |
| subject to a collective bargaining agreement on June 1, 2005; | 58334 |
| (18) Members and employees of the capitol square review and | 58335 |
| advisory board. | 58336 |
| (D) "Employee organization" means any labor or bona fide | 58337 |
| organization in which public employees participate and that exists | 58338 |
| for the purpose, in whole or in part, of dealing with public | 58339 |
| employers concerning grievances, labor disputes, wages, hours, | 58340 |
| terms, and other conditions of employment. | 58341 |
| (E) "Exclusive representative" means the employee | 58342 |
| organization certified or recognized as an exclusive | 58343 |
| representative under section 4117.05 of the Revised Code. | 58344 |
| (F) "Supervisor" means any individual who has authority, in | 58345 |
| the interest of the public employer, to hire, transfer, suspend, | 58346 |
| lay off, recall, promote, discharge, assign, reward, or discipline | 58347 |
| other public employees; to responsibly direct them; to adjust | 58348 |
| their grievances; or to effectively recommend such action, if the | 58349 |
| exercise of that authority is not of a merely routine or clerical | 58350 |
| nature, but requires the use of independent judgment, provided | 58351 |
| that: | 58352 |
| (1) Employees of school districts who are department | 58353 |
| chairpersons or consulting teachers shall not be deemed | 58354 |
| supervisors; | 58355 |
| (2) With respect to members of a police or fire department, | 58356 |
| no person shall be deemed a supervisor except the chief of the | 58357 |
| department or those individuals who, in the absence of the chief, | 58358 |
| are authorized to exercise the authority and perform the duties of | 58359 |
| the chief of the department. Where prior to June 1, 1982, a public | 58360 |
| employer pursuant to a judicial decision, rendered in litigation | 58361 |
| to which the public employer was a party, has declined to engage | 58362 |
| in collective bargaining with members of a police or fire | 58363 |
| department on the basis that those members are supervisors, those | 58364 |
| members of a police or fire department do not have the rights | 58365 |
| specified in this chapter for the purposes of future collective | 58366 |
| bargaining. The state employment relations board shall decide all | 58367 |
| disputes concerning the application of division (F)(2) of this | 58368 |
| section. | 58369 |
| (3) With respect to faculty members of a state institution of | 58370 |
| higher education, heads of departments or divisions are | 58371 |
| supervisors; however, no other faculty member or group of faculty | 58372 |
| members is a supervisor solely because the faculty member or group | 58373 |
| of faculty members participate in decisions with respect to | 58374 |
| courses, curriculum, personnel, or other matters of academic | 58375 |
| policy; | 58376 |
| (4) No teacher as defined in section 3319.09 of the Revised | 58377 |
| Code shall be designated as a supervisor or a management level | 58378 |
| employee unless the teacher is employed under a contract governed | 58379 |
| by section 3319.01, 3319.011, or 3319.02 of the Revised Code and | 58380 |
| is assigned to a position for which a license deemed to be for | 58381 |
| administrators under state board rules is required pursuant to | 58382 |
| section 3319.22 of the Revised Code. | 58383 |
| (G) "To bargain collectively" means to perform the mutual | 58384 |
| obligation of the public employer, by its representatives, and the | 58385 |
| representatives of its employees to negotiate in good faith at | 58386 |
| reasonable times and places with respect to wages, hours, terms, | 58387 |
| and other conditions of employment and the continuation, | 58388 |
| modification, or deletion of an existing provision of a collective | 58389 |
| bargaining agreement, with the intention of reaching an agreement, | 58390 |
| or to resolve questions arising under the agreement. "To bargain | 58391 |
| collectively" includes executing a written contract incorporating | 58392 |
| the terms of any agreement reached. The obligation to bargain | 58393 |
| collectively does not mean that either party is compelled to agree | 58394 |
| to a proposal nor does it require the making of a concession. | 58395 |
| (H) "Strike" means continuous concerted action in failing to | 58396 |
| report to duty; willful absence from one's position; or stoppage | 58397 |
| of work in whole from the full, faithful, and proper performance | 58398 |
| of the duties of employment, for the purpose of inducing, | 58399 |
| influencing, or coercing a change in wages, hours, terms, and | 58400 |
| other conditions of employment. "Strike" does not include a | 58401 |
| stoppage of work by employees in good faith because of dangerous | 58402 |
| or unhealthful working conditions at the place of employment that | 58403 |
| are abnormal to the place of employment. | 58404 |
| (I) "Unauthorized strike" includes, but is not limited to, | 58405 |
| concerted action during the term or extended term of a collective | 58406 |
| bargaining agreement or during the pendency of the settlement | 58407 |
| procedures set forth in section 4117.14 of the Revised Code in | 58408 |
| failing to report to duty; willful absence from one's position; | 58409 |
| stoppage of work; slowdown, or abstinence in whole or in part from | 58410 |
| the full, faithful, and proper performance of the duties of | 58411 |
| employment for the purpose of inducing, influencing, or coercing a | 58412 |
| change in wages, hours, terms, and other conditions of employment. | 58413 |
| "Unauthorized strike" includes any such action, absence, stoppage, | 58414 |
| slowdown, or abstinence when done partially or intermittently, | 58415 |
| whether during or after the expiration of the term or extended | 58416 |
| term of a collective bargaining agreement or during or after the | 58417 |
| pendency of the settlement procedures set forth in section 4117.14 | 58418 |
| of the Revised Code. | 58419 |
| (J) "Professional employee" means any employee engaged in | 58420 |
| work that is predominantly intellectual, involving the consistent | 58421 |
| exercise of discretion and judgment in its performance and | 58422 |
| requiring knowledge of an advanced type in a field of science or | 58423 |
| learning customarily acquired by a prolonged course in an | 58424 |
| institution of higher learning or a hospital, as distinguished | 58425 |
| from a general academic education or from an apprenticeship; or an | 58426 |
| employee who has completed the courses of specialized intellectual | 58427 |
| instruction and is performing related work under the supervision | 58428 |
| of a professional person to become qualified as a professional | 58429 |
| employee. | 58430 |
| (K) "Confidential employee" means any employee who works in | 58431 |
| the personnel offices of a public employer and deals with | 58432 |
| information to be used by the public employer in collective | 58433 |
| bargaining; or any employee who works in a close continuing | 58434 |
| relationship with public officers or representatives directly | 58435 |
| participating in collective bargaining on behalf of the employer. | 58436 |
| (L) "Management level employee" means an individual who | 58437 |
| formulates policy on behalf of the public employer, who | 58438 |
| responsibly directs the implementation of policy, or who may | 58439 |
| reasonably be required on behalf of the public employer to assist | 58440 |
| in the preparation for the conduct of collective negotiations, | 58441 |
| administer collectively negotiated agreements, or have a major | 58442 |
| role in personnel administration. Assistant superintendents, | 58443 |
| principals, and assistant principals whose employment is governed | 58444 |
| by section 3319.02 of the Revised Code are management level | 58445 |
| employees. With respect to members of a faculty of a state | 58446 |
| institution of higher education, no person is a management level | 58447 |
| employee because of the person's involvement in the formulation or | 58448 |
| implementation of academic or institution policy. | 58449 |
| (M) "Wages" means hourly rates of pay, salaries, or other | 58450 |
| forms of compensation for services rendered. | 58451 |
| (N) "Member of a police department" means a person who is in | 58452 |
| the employ of a police department of a municipal corporation as a | 58453 |
| full-time regular police officer as the result of an appointment | 58454 |
| from a duly established civil service eligibility list or under | 58455 |
| section 737.15 or 737.16 of the Revised Code, a full-time deputy | 58456 |
| sheriff appointed under section 311.04 of the Revised Code, a | 58457 |
| township constable appointed under section 509.01 of the Revised | 58458 |
| Code, or a member of a township police district police department | 58459 |
| appointed under section 505.49 of the Revised Code. | 58460 |
| (O) "Members of the state highway patrol" means highway | 58461 |
| patrol troopers and radio operators appointed under section | 58462 |
| 5503.01 of the Revised Code. | 58463 |
| (P) "Member of a fire department" means a person who is in | 58464 |
| the employ of a fire department of a municipal corporation or a | 58465 |
| township as a fire cadet, full-time regular firefighter, or | 58466 |
| promoted rank as the result of an appointment from a duly | 58467 |
| established civil service eligibility list or under section | 58468 |
| 505.38, 709.012, or 737.22 of the Revised Code. | 58469 |
| (Q) "Day" means calendar day. | 58470 |
| Sec. 4117.02. (A) There is hereby created the state | 58471 |
| employment relations board, consisting of three members to be | 58472 |
| appointed by the governor with the advice and consent of the | 58473 |
| senate. Members shall be knowledgeable about labor relations or | 58474 |
| personnel practices. No more than two of the three members shall | 58475 |
| belong to the same political party. A member of the state | 58476 |
| employment relations board during the member's period of service | 58477 |
| shall hold no other public office or public or private employment | 58478 |
| and shall allow no other responsibilities to interfere or conflict | 58479 |
| with the member's duties as a full-time state employment relations | 58480 |
| board member. Of the initial appointments made to the state | 58481 |
| employment relations board, one shall be for a term ending October | 58482 |
| 6, 1984, one shall be for a term ending October 6, 1985, and one | 58483 |
| shall be for a term ending October 6, 1986. Thereafter, terms of | 58484 |
| office shall be for six years, each term ending on the same day of | 58485 |
| the same month of the year as did the term that it succeeds. Each | 58486 |
| member shall hold office from the date of the member's appointment | 58487 |
| until the end of the term for which the member is appointed. Any | 58488 |
| member appointed to fill a vacancy occurring prior to the | 58489 |
| expiration of the term for which the member's predecessor was | 58490 |
| appointed shall hold office for the remainder of the term. Any | 58491 |
| member shall continue in office subsequent to the expiration of | 58492 |
| the member's term until the member's successor takes office or | 58493 |
| until a period of sixty days has elapsed, whichever occurs first. | 58494 |
| The governor may remove any member of the state employment | 58495 |
| relations board, upon notice and public hearing, for neglect of | 58496 |
| duty or malfeasance in office, but for no other cause. | 58497 |
| (B)(1) The governor shall designate one member of the state | 58498 |
| employment relations board to serve as chairperson of the state | 58499 |
| employment relations board. The chairperson is the head of the | 58500 |
| state employment relations board and its chief executive officer. | 58501 |
| (2) The chairperson shall exercise all administrative powers | 58502 |
| and duties conferred upon the state employment relations board | 58503 |
| under this chapter and shall do all of the following: | 58504 |
| (a) | 58505 |
| 58506 | |
| state employment relations board, and establish, change, or | 58507 |
| abolish positions and assign or reassign the duties of those | 58508 |
| employees as the chairperson determines necessary to achieve the | 58509 |
|
most efficient performance of the | 58510 |
| employment relations board under this chapter; | 58511 |
| (b) Determine the utilization by the state personnel board of | 58512 |
| review of employees of the state employment relations board as | 58513 |
| necessary for the state personnel board of review to exercise the | 58514 |
| powers and perform the duties of the state personnel board of | 58515 |
| review. | 58516 |
| (c) Maintain the office of the state employment relations | 58517 |
| board in Columbus and manage the office's daily operations, | 58518 |
| including securing offices, facilities, equipment, and supplies | 58519 |
| necessary to house the state employment relations board, | 58520 |
| employees of the state employment relations board, the state | 58521 |
| personnel board of review, and files and records under the | 58522 |
| 58523 | |
| under the control of the state personnel board of review; | 58524 |
| | 58525 |
| management a budget for each biennium according to section | 58526 |
| 107.03 of the Revised Code, and include in the budget the costs | 58527 |
| of the state employment relations board and its staff and the | 58528 |
| 58529 | |
| discharging any duty imposed by law upon the state employment | 58530 |
|
relations board, the
chairperson, or any of the | 58531 |
| or agents of the state employment relations board, and the costs | 58532 |
| of the state personnel board of review in discharging any duty | 58533 |
| imposed by law on the state personnel board of review or an agent | 58534 |
| of the state personnel board of review. | 58535 |
| (C) The vacancy on the state employment relations board does | 58536 |
| not impair the right of the remaining members to exercise all the | 58537 |
| powers of the state employment relations board, and two members of | 58538 |
| the state employment relations board, at all times, constitute a | 58539 |
| quorum. The state employment relations board shall have an | 58540 |
| official seal of which courts shall take judicial notice. | 58541 |
| (D) The state employment relations board shall make an annual | 58542 |
| report in writing to the governor and to the general assembly, | 58543 |
| stating in detail the work it has done. | 58544 |
| (E) Compensation of the chairperson and members shall be in | 58545 |
| accordance with division (J) of section 124.15 of the Revised | 58546 |
| Code. The chairperson and the members are eligible for | 58547 |
| reappointment. In addition to such compensation, all members shall | 58548 |
| be reimbursed for their necessary expenses incurred in the | 58549 |
| performance of their work as members. | 58550 |
| (F)(1) The chairperson, after consulting with the other state | 58551 |
| employment relations board members and receiving the consent of at | 58552 |
| least one other board member, shall appoint an executive director. | 58553 |
|
The chairperson also shall appoint
attorneys and | 58554 |
| 58555 | |
| be an attorney admitted to practice law in this state and who | 58556 |
| shall serve as a liaison to the attorney general on legal matters | 58557 |
| before the state employment relations board. | 58558 |
| (2) The state employment relations board shall appoint | 58559 |
| 58560 | |
| 58561 |
| (G)(1) The executive director shall serve at the pleasure of | 58562 |
| the chairperson. The executive director, under the direction of | 58563 |
| the chairperson, shall do all of the following: | 58564 |
| (a) Act as chief administrative officer for the state | 58565 |
| employment relations board; | 58566 |
| (b) Ensure that all employees of the state employment | 58567 |
| relations board comply with the rules of the state employment | 58568 |
| relations board; | 58569 |
| (c) Do all things necessary for the efficient and effective | 58570 |
| implementation of the duties of the state employment relations | 58571 |
| board. | 58572 |
| (2) The duties of the executive director described in | 58573 |
| division (G)(1) of this section do not relieve the chairperson | 58574 |
| from final responsibility for the proper performance of the duties | 58575 |
| described in that division. | 58576 |
| (H) The attorney general shall be the legal adviser of the | 58577 |
| state employment relations board and shall appear for and | 58578 |
| represent the state employment relations board and its agents in | 58579 |
| all legal proceedings. The state employment relations board may | 58580 |
| utilize regional, local, or other agencies, and utilize voluntary | 58581 |
| and uncompensated services as needed. The state employment | 58582 |
| relations board may contract with the federal mediation and | 58583 |
| conciliation service for the assistance of mediators, arbitrators, | 58584 |
|
and other personnel the service makes available.
The | 58585 |
|
chairperson | 58586 |
| basis of training, practical experience, education, and character, | 58587 |
| notwithstanding the requirements established by section 119.09 of | 58588 |
|
the Revised
Code. The | 58589 |
| to the practical training and experience that employees have for | 58590 |
|
the particular
position involved. | 58591 |
| 58592 | |
| 58593 | |
| judges, employees holding a fiduciary or administrative relation | 58594 |
| to the state employment relations board as described in division | 58595 |
| (A)(9) of section 124.11 of the Revised Code, and the personal | 58596 |
| secretaries and assistants of the state employment relations board | 58597 |
|
members are in the | 58598 |
| full-time employees of the state employment relations board are in | 58599 |
| the classified service. All employees of the state employment | 58600 |
| relations board shall be paid in accordance with Chapter 124. of | 58601 |
| the Revised Code. | 58602 |
| (I) The | 58603 |
| administrative law judges and other agents whose functions are to | 58604 |
| conduct hearings with due regard to their impartiality, judicial | 58605 |
| temperament, and knowledge. If in any proceeding under this | 58606 |
| chapter, any party prior to five days before the hearing thereto | 58607 |
| files with the state employment relations board a sworn statement | 58608 |
|
charging that the | 58609 |
| designated to conduct the hearing is biased or partial in the | 58610 |
| proceeding, the state employment relations board may disqualify | 58611 |
|
the person and designate another | 58612 |
| or agent to conduct the proceeding. At least ten days before any | 58613 |
| hearing, the state employment relations board shall notify all | 58614 |
|
parties to a proceeding of the name of
the | 58615 |
| law judge or agent designated to conduct the hearing. | 58616 |
| (J) The principal office of the state employment relations | 58617 |
| board is in Columbus, but it may meet and exercise any or all of | 58618 |
| its powers at any other place within the state. The state | 58619 |
| employment relations board may, by one or more of its employees, | 58620 |
| or any agents or agencies it designates, conduct in any part of | 58621 |
| this state any proceeding, hearing, investigation, inquiry, or | 58622 |
| election necessary to the performance of its functions; provided, | 58623 |
| that no person so designated may later sit in determination of an | 58624 |
| appeal of the decision of that cause or matter. | 58625 |
| (K) In addition to the powers and functions provided in other | 58626 |
| sections of this chapter, the state employment relations board | 58627 |
| shall do all of the following: | 58628 |
| (1) Create a bureau of mediation within the state employment | 58629 |
| relations board, to perform the functions provided in section | 58630 |
| 4117.14 of the Revised Code. This bureau shall also establish, | 58631 |
| after consulting representatives of employee organizations and | 58632 |
| public employers, panels of qualified persons to be available to | 58633 |
| serve as members of fact-finding panels and arbitrators. | 58634 |
| (2) Conduct studies of problems involved in representation | 58635 |
| and negotiation and make recommendations for legislation; | 58636 |
| (3) Hold hearings pursuant to this chapter and, for the | 58637 |
| purpose of the hearings and inquiries, administer oaths and | 58638 |
| affirmations, examine witnesses and documents, take testimony and | 58639 |
| receive evidence, compel the attendance of witnesses and the | 58640 |
| production of documents by the issuance of subpoenas, and delegate | 58641 |
| these powers to any members of the state employment relations | 58642 |
|
board or any
| 58643 |
| judge employed by the state employment relations board for the | 58644 |
| performance of its functions; | 58645 |
| (4) Train representatives of employee organizations and | 58646 |
| public employers in the rules and techniques of collective | 58647 |
| bargaining procedures; | 58648 |
| (5) Make studies and analyses of, and act as a clearinghouse | 58649 |
| of information relating to, conditions of employment of public | 58650 |
| employees throughout the state and request assistance, services, | 58651 |
| and data from any public employee organization, public employer, | 58652 |
| or governmental unit. Public employee organizations, public | 58653 |
| employers, and governmental units shall provide such assistance, | 58654 |
| services, and data as will enable the state employment relations | 58655 |
| board to carry out its functions and powers. | 58656 |
| (6) Make available to employee organizations, public | 58657 |
| employers, mediators, fact-finding panels, arbitrators, and joint | 58658 |
| study committees statistical data relating to wages, benefits, and | 58659 |
| employment practices in public and private employment applicable | 58660 |
| to various localities and occupations to assist them to resolve | 58661 |
| issues in negotiations; | 58662 |
| (7) Notwithstanding section 119.13 of the Revised Code, | 58663 |
| establish standards of persons who practice before it; | 58664 |
| (8) Adopt, amend, and rescind rules and procedures and | 58665 |
| exercise other powers appropriate to carry out this chapter. | 58666 |
| Before the adoption, amendment, or rescission of rules and | 58667 |
| procedures under this section, the state employment relations | 58668 |
| board shall do all of the following: | 58669 |
| (a) Maintain a list of interested public employers and | 58670 |
| employee organizations and mail notice to such groups of any | 58671 |
| proposed rule or procedure, amendment thereto, or rescission | 58672 |
| thereof at least thirty days before any public hearing thereon; | 58673 |
| (b) Mail a copy of each proposed rule or procedure, amendment | 58674 |
| thereto, or rescission thereof to any person who requests a copy | 58675 |
| within five days after receipt of the request therefor; | 58676 |
| (c) Consult with appropriate statewide organizations | 58677 |
| representing public employers or employees who would be affected | 58678 |
| by the proposed rule or procedure. | 58679 |
| Although the state employment relations board is expected to | 58680 |
| discharge these duties diligently, failure to mail any notice or | 58681 |
| copy, or to so consult with any person, is not jurisdictional and | 58682 |
| shall not be construed to invalidate any proceeding or action of | 58683 |
| the state employment relations board. | 58684 |
| (L) In case of neglect or refusal to obey a subpoena issued | 58685 |
| to any person, the court of common pleas of the county in which | 58686 |
| the investigation or the public hearing occurs, upon application | 58687 |
| by the state employment relations board, may issue an order | 58688 |
| requiring the person to appear before the state employment | 58689 |
| relations board and give testimony about the matter under | 58690 |
| investigation. The court may punish a failure to obey the order as | 58691 |
| contempt. | 58692 |
| (M) Any subpoena, notice of hearing, or other process or | 58693 |
| notice of the state employment relations board issued under this | 58694 |
| section may be served personally, by certified mail, or by leaving | 58695 |
| a copy at the principal office or personal residence of the | 58696 |
| respondent required to be served. A return, made and verified by | 58697 |
| the individual making the service and setting forth the manner of | 58698 |
| service, is proof of service, and a return post office receipt, | 58699 |
| when certified mail is used, is proof of service. All process in | 58700 |
| any court to which application is made under this chapter may be | 58701 |
| served in the county wherein the persons required to be served | 58702 |
| reside or are found. | 58703 |
| (N) All expenses of the state employment relations board, | 58704 |
| including all necessary traveling and subsistence expenses | 58705 |
| incurred by the members or employees of the state employment | 58706 |
| relations board under its orders, shall be paid pursuant to | 58707 |
| itemized vouchers approved by the chairperson of the state | 58708 |
| employment relations board, the executive director, or both, or | 58709 |
| such other person as the chairperson designates for that purpose. | 58710 |
| (O) Whenever the state employment relations board determines | 58711 |
| that a substantial controversy exists with respect to the | 58712 |
| application or interpretation of this chapter and the matter is of | 58713 |
| public or great general interest, the state employment relations | 58714 |
| board shall certify its final order directly to the court of | 58715 |
| appeals having jurisdiction over the area in which the principal | 58716 |
| office of the public employer directly affected by the application | 58717 |
| or interpretation is located. The chairperson shall file with the | 58718 |
| clerk of the court a certified copy of the transcript of the | 58719 |
| proceedings before the state employment relations board pertaining | 58720 |
| to the final order. If upon hearing and consideration the court | 58721 |
| decides that the final order of the state employment relations | 58722 |
| board is unlawful or is not supported by substantial evidence on | 58723 |
| the record as a whole, the court shall reverse and vacate the | 58724 |
| final order or modify it and enter final judgment in accordance | 58725 |
| with the modification; otherwise, the court shall affirm the final | 58726 |
| order. The notice of the final order of the state employment | 58727 |
| relations board to the interested parties shall contain a | 58728 |
| certification by the chairperson of the state employment relations | 58729 |
| board that the final order is of public or great general interest | 58730 |
| and that a certified transcript of the record of the proceedings | 58731 |
| before the state employment relations board had been filed with | 58732 |
| the clerk of the court as an appeal to the court. For the purposes | 58733 |
| of this division, the state employment relations board has | 58734 |
| standing to bring its final order properly before the court of | 58735 |
| appeals. | 58736 |
| (P) Except as otherwise specifically provided in this | 58737 |
| section, the state employment relations board is subject to | 58738 |
| Chapter 119. of the Revised Code, including the procedure for | 58739 |
| submission of proposed rules to the general assembly for | 58740 |
| legislative review under division (H) of section 119.03 of the | 58741 |
| Revised Code. | 58742 |
| Sec. 4117.07. (A) When a petition is filed, in accordance | 58743 |
| with rules prescribed by the state employment relations board: | 58744 |
| (1) By any employee or group of employees, or any individual | 58745 |
| or employee organization acting in their behalf, alleging that at | 58746 |
| least thirty per cent of the employees in an appropriate unit wish | 58747 |
| to be represented for collective bargaining by an exclusive | 58748 |
| representative, or asserting that the designated exclusive | 58749 |
| representative is no longer the representative of the majority of | 58750 |
| employees in the unit, the board shall investigate the petition, | 58751 |
| and if it has reasonable cause to believe that a question of | 58752 |
| representation exists, provide for an appropriate hearing upon due | 58753 |
| notice to the parties; | 58754 |
| (2) By the employer alleging that one or more employee | 58755 |
| organizations has presented to it a claim to be recognized as the | 58756 |
| exclusive representative in an appropriate unit, the board shall | 58757 |
| investigate the petition, and if it has reasonable cause to | 58758 |
| believe that a question of representation exists, provide for an | 58759 |
| appropriate hearing upon due notice to the parties. | 58760 |
| If the board finds upon the record of a hearing that a | 58761 |
| question of representation exists, it shall direct an election and | 58762 |
| certify the results thereof. No one may vote in an election by | 58763 |
| 58764 | |
| as an exclusive representative if it determines that a free and | 58765 |
| untrammelled election cannot be conducted because of the | 58766 |
| employer's unfair labor practices and that at one time the | 58767 |
| employee organization had the support of the majority of the | 58768 |
| employees in the unit. | 58769 |
| (B) Only the names of those employee organizations designated | 58770 |
| by more than ten per cent of the employees in the unit found to be | 58771 |
| appropriate may be placed on the ballot. Nothing in this section | 58772 |
| shall be construed to prohibit the waiving of hearings by | 58773 |
| stipulation, in conformity with the rules of the board, for the | 58774 |
| purpose of a consent election. | 58775 |
| (C) The board shall conduct representation elections by | 58776 |
| secret ballot cast, at the board's discretion, by mail or | 58777 |
| electronically or in person, and at times and places selected by | 58778 |
| the board subject to the following: | 58779 |
| (1) The board shall give no less than ten days' notice of the | 58780 |
| time and place of an election; | 58781 |
| (2) The board shall establish rules concerning the conduct of | 58782 |
| any election including, but not limited to, rules to guarantee the | 58783 |
| secrecy of the ballot; | 58784 |
| (3) The board may not certify a representative unless the | 58785 |
| representative receives a majority of the valid ballots cast; | 58786 |
| (4) Except as provided in this section, the board shall | 58787 |
| include on the ballot a choice of "no representative"; | 58788 |
| (5) In an election where none of the choices on the ballot | 58789 |
| receives a majority, the board shall conduct a runoff election. In | 58790 |
| that case, the ballot shall provide for a selection between the | 58791 |
| two choices or parties receiving the highest and the second | 58792 |
| highest number of ballots cast in the election. | 58793 |
| (6) The board may not conduct an election under this section | 58794 |
| in any appropriate bargaining unit within which a board-conducted | 58795 |
| election was held in the preceding twelve-month period, nor during | 58796 |
| the term of any lawful collective bargaining agreement between a | 58797 |
| public employer and an exclusive representative. | 58798 |
| Petitions for elections may be filed with the board no sooner | 58799 |
| than one hundred twenty days or later than ninety days before the | 58800 |
| expiration date of any collective bargaining agreement, or after | 58801 |
| the expiration date, until the public employer and exclusive | 58802 |
| representative enter into a new written agreement. | 58803 |
| For the purposes of this section, extensions of agreements do | 58804 |
| not affect the expiration date of the original agreement. | 58805 |
| Sec. 4117.12. (A) Whoever violates section 4117.11 of the | 58806 |
| Revised Code is guilty of an unfair labor practice remediable by | 58807 |
| the state employment relations board as specified in this section. | 58808 |
| (B) When anyone files a charge with the board alleging that | 58809 |
| an unfair labor practice has been committed, the board or its | 58810 |
| designated agent shall investigate the charge. If the board has | 58811 |
| probable cause for believing that a violation has occurred, the | 58812 |
| board shall issue a complaint and shall conduct a hearing | 58813 |
| concerning the charge. The board shall cause the complaint to be | 58814 |
| served upon the charged party which shall contain a notice of the | 58815 |
| time at which the hearing on the complaint will be held either | 58816 |
|
before the board, a board member, or | 58817 |
| administrative law judge. The board may not issue a notice of | 58818 |
| hearing based upon any unfair labor practice occurring more than | 58819 |
| ninety days prior to the filing of the charge with the board, | 58820 |
| unless the person aggrieved thereby is prevented from filing the | 58821 |
| charge by reason of service in the armed forces, in which event | 58822 |
|
the ninety-day period shall
be computed from the day of | 58823 |
| person's discharge. If the board dismisses a complaint as | 58824 |
| frivolous, it shall assess costs to the complainant pursuant to | 58825 |
| its standards governing such matters, and for that purpose, the | 58826 |
| board shall adopt a rule defining the standards by which the board | 58827 |
| will declare a complaint to be frivolous and the costs that will | 58828 |
| be assessed accordingly. | 58829 |
| (1) The board, board member, or | 58830 |
| administrative law judge shall hold a hearing on the charge within | 58831 |
| ten days after service of the complaint. The board may amend a | 58832 |
| complaint, upon receipt of a notice from the charging party, at | 58833 |
| any time prior to the close of the hearing, and the charged party | 58834 |
| shall within ten days from receipt of the complaint or amendment | 58835 |
| to the complaint, file an answer to the complaint or amendment to | 58836 |
| the complaint. The charged party may file an answer to an original | 58837 |
| or amended complaint. The agents of the board and the person | 58838 |
| charged are parties and may appear or otherwise give evidence at | 58839 |
| the hearing. At the discretion of the board, board member, or | 58840 |
| 58841 | |
| intervene and present evidence at the hearing. The board, board | 58842 |
|
member, or | 58843 |
| by the rules of evidence prevailing in the courts. | 58844 |
| (2) A board member or | 58845 |
| judge who conducts the hearing shall reduce the evidence taken to | 58846 |
| writing and file it with the board. The board member or the | 58847 |
| 58848 | |
| further evidence or hear further argument if notice is given to | 58849 |
|
all interested parties. The | 58850 |
| judge or board member shall issue to the parties a proposed | 58851 |
| decision, together with a recommended order and file it with the | 58852 |
| board. If the parties file no exceptions within twenty days after | 58853 |
| service thereof, the recommended order becomes the order of the | 58854 |
| board effective as therein prescribed. If the parties file | 58855 |
| exceptions to the proposed report, the board shall determine | 58856 |
| whether substantial issues have been raised. The board may rescind | 58857 |
|
or
modify the proposed order of the board member or | 58858 |
| 58859 | |
| that the exceptions do not raise substantial issues of fact or | 58860 |
| law, it may refuse to grant review, and the recommended order | 58861 |
| becomes effective as therein prescribed. | 58862 |
| (3) If upon the preponderance of the evidence taken, the | 58863 |
| board believes that any person named in the complaint has engaged | 58864 |
| in any unfair labor practice, the board shall state its findings | 58865 |
| of fact and issue and cause to be served on the person an order | 58866 |
|
requiring that | 58867 |
| labor practices, and take such affirmative action, including | 58868 |
| reinstatement of employees with or without back pay, as will | 58869 |
| effectuate the policies of Chapter 4117. of the Revised Code. If | 58870 |
| upon a preponderance of the evidence taken, the board believes | 58871 |
| that the person named in the complaint has not engaged in an | 58872 |
| unfair labor practice it shall state its findings of fact and | 58873 |
| issue an order dismissing the complaint. | 58874 |
| (4) The board may order the public employer to reinstate the | 58875 |
| public employee and further may order either the public employer | 58876 |
| or the employee organization, depending on who was responsible for | 58877 |
| the discrimination suffered by the public employee, to make such | 58878 |
| payment of back pay to the public employee as the board | 58879 |
| determines. No order of the board shall require the reinstatement | 58880 |
| of any individual as an employee who has been suspended or | 58881 |
|
discharged, or require the payment to | 58882 |
| pay, if the suspension or discharge was for just cause not related | 58883 |
| to rights provided in section 4117.03 of the Revised Code and the | 58884 |
| procedure contained in the collective bargaining agreement | 58885 |
| governing suspension or discharge was followed. The order of the | 58886 |
| board may require the party against whom the order is issued to | 58887 |
|
make periodic reports showing the extent to which | 58888 |
| complied with the order. | 58889 |
| (C) Whenever a complaint alleges that a person has engaged in | 58890 |
| an unfair labor practice and that the complainant will suffer | 58891 |
| substantial and irreparable injury if not granted temporary | 58892 |
| relief, the board may petition the court of common pleas for any | 58893 |
| county wherein the alleged unfair labor practice in question | 58894 |
| occurs, or wherein any person charged with the commission of any | 58895 |
| unfair labor practice resides or transacts business for | 58896 |
| appropriate injunctive relief, pending the final adjudication by | 58897 |
| the board with respect to the matter. Upon the filing of any | 58898 |
| petition, the court shall cause notice thereof to be served upon | 58899 |
| the parties, and thereupon has jurisdiction to grant the temporary | 58900 |
| relief or restraining order it considers just and proper. | 58901 |
| (D) Until the record in a case is filed in a court, as | 58902 |
| specified in Chapter 4117. of the Revised Code, the board may at | 58903 |
| any time upon reasonable notice and in a manner it considers | 58904 |
| proper, modify or set aside, in whole or in part, any finding or | 58905 |
| order made or issued by it. | 58906 |
| Sec. 4117.24. (A) The training, publications, and grants fund | 58907 |
| is hereby created in the state treasury. The state employment | 58908 |
| relations board shall deposit into the training, publications, and | 58909 |
| grants fund all moneys received from the following sources: | 58910 |
| | 58911 |
| board for copies of documents, rulebooks, and other publications; | 58912 |
| | 58913 |
| | 58914 |
| | 58915 |
| bequests, gifts, reimbursements, and similar funds; | 58916 |
| | 58917 |
| expenses related to professional services; | 58918 |
| | 58919 |
|
relations services and programs | 58920 |
| (7) Moneys received by the state personnel board of review | 58921 |
| pursuant to division (C) of section 124.03 of the Revised Code. | 58922 |
| (B) The state employment relations board shall use all moneys | 58923 |
| deposited into the training, publications, and grants fund to | 58924 |
|
defray | 58925 |
| (1) The costs of furnishing and making available copies of | 58926 |
|
documents, rulebooks, and other publications; | 58927 |
| (2) The costs of planning, organizing, and conducting | 58928 |
|
training seminars; | 58929 |
| (3) The costs associated with grant projects, innovative | 58930 |
| labor-management cooperation programs, research projects related | 58931 |
| to these grants and programs, and the advancement in | 58932 |
|
professionalism of public sector relations; | 58933 |
| (4) The professional development of state employment | 58934 |
|
relations board employees; | 58935 |
| (5) The costs of compiling clearinghouse data; | 58936 |
| (6) The cost of producing the administrative record of the | 58937 |
| state personnel board of review. | 58938 |
| The state employment relations board may seek, solicit, apply | 58939 |
| for, receive, and accept grants, gifts, and contributions of | 58940 |
| money, property, labor, and other things of value to be held for, | 58941 |
| used for, and applied to only the purpose for which the grants, | 58942 |
| gifts, and contributions are made, from individuals, private and | 58943 |
| public corporations, the United States or any agency thereof, the | 58944 |
| state or any agency thereof, and any political subdivision of the | 58945 |
| state, and may enter into any contract with any such public or | 58946 |
| private source in connection therewith to be held for, used for, | 58947 |
| and applied to only the purposes for which such grants are made | 58948 |
| and contracts are entered into, all subject to and in accordance | 58949 |
| with the purposes of this chapter. Any money received from the | 58950 |
| grants, gifts, contributions, or contracts shall be deposited into | 58951 |
| the training, publications, and grants fund. | 58952 |
| Sec. 4141.08. (A) There is hereby created an unemployment | 58953 |
| compensation advisory council appointed as follows: | 58954 |
| (1) Three members who on account of their vocation, | 58955 |
| employment, or affiliations can be classed as representative of | 58956 |
| employers and three members who on account of their vocation, | 58957 |
| employment, or affiliation can be classed as representatives of | 58958 |
| employees appointed by the governor with the advice and consent of | 58959 |
| the senate. All appointees shall be persons whose training and | 58960 |
| experience qualify them to deal with the difficult problems of | 58961 |
| unemployment compensation, particularly with respect to the legal, | 58962 |
| accounting, actuarial, economic, and social aspects of | 58963 |
| unemployment compensation; | 58964 |
| (2) The chairpersons of the standing committees of the senate | 58965 |
| and the house of representatives to which legislation pertaining | 58966 |
| to Chapter 4141. of the Revised Code is customarily referred; | 58967 |
| (3) Two members of the senate appointed by the president of | 58968 |
| the senate; and | 58969 |
| (4) Two members of the house of representatives appointed by | 58970 |
| the speaker of the house of representatives. | 58971 |
| The speaker and the president shall arrange that of the six | 58972 |
| legislative members appointed to the council, not more than three | 58973 |
| are members of the same political party. | 58974 |
| (B) Members appointed by the governor shall serve for a term | 58975 |
| of four years, each term ending on the same day as the date of | 58976 |
| their original appointment. Legislative members shall serve during | 58977 |
| the session of the general assembly to which they are elected and | 58978 |
| for as long as they are members of the general assembly. Vacancies | 58979 |
| shall be filled in the same manner as the original appointment but | 58980 |
| only for the unexpired part of a term. | 58981 |
| (C) Members of the council shall serve without salary but, | 58982 |
| notwithstanding section 101.26 of the Revised Code, shall be paid | 58983 |
| a meeting stipend of fifty dollars per day each and their actual | 58984 |
| and necessary expenses while engaged in the performance of their | 58985 |
| duties as members of the council which shall be paid from funds | 58986 |
| allocated to pay the expenses of the council pursuant to this | 58987 |
| section. | 58988 |
| (D) The council shall organize itself and select a | 58989 |
| chairperson or co-chairpersons and other officers and committees | 58990 |
| as it considers necessary. Seven members constitute a quorum and | 58991 |
| the council may act only upon the affirmative vote of seven | 58992 |
| members. The council shall meet at least once each calendar | 58993 |
| quarter but it may meet more often as the council considers | 58994 |
| necessary or at the request of the chairperson. | 58995 |
| (E) The council may employ professional and clerical | 58996 |
| assistance as it considers necessary and may request of the | 58997 |
| director of job and family services assistance as it considers | 58998 |
| necessary. The director shall furnish the council with office and | 58999 |
| meeting space as requested by the council. | 59000 |
| (F) The director shall pay the operating expenses of the | 59001 |
| council as determined by the council from moneys in the | 59002 |
| unemployment compensation special administrative fund established | 59003 |
| in section 4141.11 of the Revised Code. | 59004 |
| (G) The council shall have access to only the records of the | 59005 |
| department of job and family services that are necessary for the | 59006 |
| administration of this chapter and to the reasonable services of | 59007 |
| the employees of the department. It may request the director, or | 59008 |
| any of the employees appointed by the director, or any employer or | 59009 |
| employee subject to this chapter, to appear before it and to | 59010 |
| testify relative to the functioning of this chapter and to other | 59011 |
| relevant matters. The council may conduct research of its own, | 59012 |
| make and publish reports, and recommend to the director, the | 59013 |
| unemployment compensation review commission, the governor, or the | 59014 |
| general assembly needed changes in this chapter, or in the rules | 59015 |
| of the department as it considers necessary. | 59016 |
| Sec. 4141.162. (A) The director of job and family services | 59017 |
| shall establish an income and eligibility verification system that | 59018 |
| complies with section 1137 of the "Social Security Act." The | 59019 |
| programs included in the system are all of the following: | 59020 |
| (1) Unemployment compensation pursuant to section 3304 of the | 59021 |
| "Internal Revenue Code of 1954"; | 59022 |
| (2) The state programs funded in part under part A of Title | 59023 |
| IV of the "Social Security Act" and administered under Chapters | 59024 |
| 5107. and 5108. of the Revised Code; | 59025 |
| (3) Medicaid pursuant to Title XIX of the "Social Security | 59026 |
| Act"; | 59027 |
| (4) | 59028 |
|
pursuant to the | 59029 |
| 59030 |
| (5) Any Ohio program under a plan approved under Title I, X, | 59031 |
| XIV, or XVI of the "Social Security Act." | 59032 |
| Wage information provided by employers to the director shall | 59033 |
| be furnished to the income and eligibility verification system. | 59034 |
| Such information shall be used by the director to determine | 59035 |
| eligibility of individuals for unemployment compensation benefits | 59036 |
| and the amount of those benefits and used by the agencies that | 59037 |
| administer the programs identified in divisions (A)(2) to (5) of | 59038 |
| this section to determine or verify eligibility for or the amount | 59039 |
| of benefits under those programs. | 59040 |
| The director shall fully implement the use of wage | 59041 |
| information to determine eligibility for and the amount of | 59042 |
| unemployment compensation benefits by September 30, 1988. | 59043 |
| Information furnished under the system shall also be made | 59044 |
| available to the appropriate state or local child support | 59045 |
| enforcement agency for the purposes of an approved plan under | 59046 |
| Title IV-D of the "Social Security Act" and to the appropriate | 59047 |
| federal agency for the purposes of Titles II and XVI of the | 59048 |
| "Social Security Act." | 59049 |
| (B) The director shall adopt rules as necessary under which | 59050 |
| the department of job and family services and other state agencies | 59051 |
| that the director determines must participate in order to ensure | 59052 |
| compliance with section 1137 of the "Social Security Act" exchange | 59053 |
| information with each other or authorized federal agencies about | 59054 |
| individuals who are applicants for or recipients of benefits under | 59055 |
| any of the programs enumerated in division (A) of this section. | 59056 |
| The rules shall extend to all of the following: | 59057 |
| (1) A requirement for standardized formats and procedures for | 59058 |
| a participating agency to request and receive information about an | 59059 |
| individual, which information shall include the individual's | 59060 |
| social security number; | 59061 |
| (2) A requirement that all applicants for and recipients of | 59062 |
| benefits under any program enumerated in division (A) of this | 59063 |
| section be notified at the time of application, and periodically | 59064 |
| thereafter, that information available through the system may be | 59065 |
| shared with agencies that administer other benefit programs and | 59066 |
| utilized in establishing or verifying eligibility or benefit | 59067 |
| amounts under the other programs enumerated in division (A) of | 59068 |
| this section; | 59069 |
| (3) A requirement that information is made available only to | 59070 |
| the extent necessary to assist in the valid administrative needs | 59071 |
| of the program receiving the information and is targeted for use | 59072 |
| in ways which are most likely to be productive in identifying and | 59073 |
| preventing ineligibility and incorrect payments; | 59074 |
| (4) A requirement that information is adequately protected | 59075 |
| against unauthorized disclosures for purposes other than to | 59076 |
| establish or verify eligibility or benefit amounts under the | 59077 |
| programs enumerated in division (A) of this section; | 59078 |
| (5) A requirement that a program providing information is | 59079 |
| reimbursed by the program using the information for the actual | 59080 |
| costs of furnishing the information and that the director be | 59081 |
| reimbursed by the participating programs for any actual costs | 59082 |
| incurred in operating the system; | 59083 |
| (6) Requirements for any other matters necessary to ensure | 59084 |
| the effective, efficient, and timely exchange of necessary | 59085 |
| information or that the director determines must be addressed in | 59086 |
| order to ensure compliance with the requirements of section 1137 | 59087 |
| of the "Social Security Act." | 59088 |
| (C) Each participating agency shall furnish to the income and | 59089 |
| eligibility verification system established in division (A) of | 59090 |
| this section that information, which the director, by rule, | 59091 |
| determines is necessary in order to comply with section 1137 of | 59092 |
| the "Social Security Act." | 59093 |
| (D) Notwithstanding the information disclosure requirements | 59094 |
| of this section and section 4141.21 and division (A) of section | 59095 |
| 4141.284 of the Revised Code, the director shall administer those | 59096 |
| provisions of law so as to comply with section 1137 of the "Social | 59097 |
| Security Act." | 59098 |
| (E) Requirements in section 4141.21 of the Revised Code with | 59099 |
| respect to confidentiality of information obtained in the | 59100 |
| administration of Chapter 4141. of the Revised Code and any | 59101 |
| sanctions imposed for improper disclosure of such information | 59102 |
| shall apply to the redisclosure of information disclosed under | 59103 |
| this section. | 59104 |
| Sec. 4301.43. (A) As used in sections 4301.43 to 4301.50 of | 59105 |
| the Revised Code: | 59106 |
| (1) "Gallon" or "wine gallon" means one hundred twenty-eight | 59107 |
| fluid ounces. | 59108 |
| (2) "Sale" or "sell" includes exchange, barter, gift, | 59109 |
| distribution, and, except with respect to A-4 permit holders, | 59110 |
| offer for sale. | 59111 |
| (B) For the purposes of providing revenues for the support of | 59112 |
| the state and encouraging the grape industries in the state, a tax | 59113 |
| is hereby levied on the sale or distribution of wine in Ohio, | 59114 |
| except for known sacramental purposes, at the rate of thirty cents | 59115 |
| per wine gallon for wine containing not less than four per cent of | 59116 |
| alcohol by volume and not more than fourteen per cent of alcohol | 59117 |
| by volume, ninety-eight cents per wine gallon for wine containing | 59118 |
| more than fourteen per cent but not more than twenty-one per cent | 59119 |
| of alcohol by volume, one dollar and eight cents per wine gallon | 59120 |
| for vermouth, and one dollar and forty-eight cents per wine gallon | 59121 |
| for sparkling and carbonated wine and champagne, the tax to be | 59122 |
| paid by the holders of A-2 and B-5 permits or by any other person | 59123 |
| selling or distributing wine upon which no tax has been paid. From | 59124 |
| the tax paid under this section on wine, vermouth, and sparkling | 59125 |
| and carbonated wine and champagne, the treasurer of state shall | 59126 |
| credit to the Ohio grape industries fund created under section | 59127 |
| 924.54 of the Revised Code a sum equal to one cent per gallon for | 59128 |
| each gallon upon which the tax is paid. | 59129 |
| (C) For the purpose of providing revenues for the support of | 59130 |
| the state, there is hereby levied a tax on prepared and bottled | 59131 |
| highballs, cocktails, cordials, and other mixed beverages at the | 59132 |
| rate of one dollar and twenty cents per wine gallon to be paid by | 59133 |
| holders of A-4 permits or by any other person selling or | 59134 |
| distributing those products upon which no tax has been paid. Only | 59135 |
| one sale of the same article shall be used in computing the amount | 59136 |
| of tax due. The tax on mixed beverages to be paid by holders of | 59137 |
| A-4 permits under this section shall not attach until the | 59138 |
| ownership of the mixed beverage is transferred for valuable | 59139 |
| consideration to a wholesaler or retailer, and no payment of the | 59140 |
| tax shall be required prior to that time. | 59141 |
| (D) During the period
of July 1,
| 59142 |
| 59143 | |
| and sparkling and carbonated wine and champagne, the treasurer of | 59144 |
| state shall credit to the Ohio grape industries fund created under | 59145 |
| section 924.54 of the Revised Code a sum equal to two cents per | 59146 |
| gallon upon which the tax is paid. The amount credited under this | 59147 |
| division is in addition to the amount credited to the Ohio grape | 59148 |
| industries fund under division (B) of this section. | 59149 |
| (E) For the purpose of providing revenues for the support of | 59150 |
| the state, there is hereby levied a tax on cider at the rate of | 59151 |
| twenty-four cents per wine gallon to be paid by the holders of A-2 | 59152 |
| and B-5 permits or by any other person selling or distributing | 59153 |
| cider upon which no tax has been paid. Only one sale of the same | 59154 |
| article shall be used in computing the amount of the tax due. | 59155 |
| Sec. 4303.181. (A) Permit D-5a may be issued either to the | 59156 |
| owner or operator of a hotel or motel that is required to be | 59157 |
| licensed under section 3731.03 of the Revised Code, that contains | 59158 |
| at least fifty rooms for registered transient guests or is owned | 59159 |
| by a state institution of higher education as defined in section | 59160 |
| 3345.011 of the Revised Code or a private college or university, | 59161 |
| and that qualifies under the other requirements of this section, | 59162 |
| or to the owner or operator of a restaurant specified under this | 59163 |
| section, to sell beer and any intoxicating liquor at retail, only | 59164 |
| by the individual drink in glass and from the container, for | 59165 |
| consumption on the premises where sold, and to registered guests | 59166 |
| in their rooms, which may be sold by means of a controlled access | 59167 |
| alcohol and beverage cabinet in accordance with division (B) of | 59168 |
| section 4301.21 of the Revised Code; and to sell the same products | 59169 |
| in the same manner and amounts not for consumption on the premises | 59170 |
| as may be sold by holders of D-1 and D-2 permits. The premises of | 59171 |
| the hotel or motel shall include a retail food establishment or a | 59172 |
| food service operation licensed pursuant to Chapter 3717. of the | 59173 |
| Revised Code that operates as a restaurant for purposes of this | 59174 |
| chapter and that is affiliated with the hotel or motel and within | 59175 |
| or contiguous to the hotel or motel, and that serves food within | 59176 |
| the hotel or motel, but the principal business of the owner or | 59177 |
| operator of the hotel or motel shall be the accommodation of | 59178 |
| transient guests. In addition to the privileges authorized in this | 59179 |
| division, the holder of a D-5a permit may exercise the same | 59180 |
| privileges as the holder of a D-5 permit. | 59181 |
| The owner or operator of a hotel, motel, or restaurant who | 59182 |
| qualified for and held a D-5a permit on August 4, 1976, may, if | 59183 |
| the owner or operator held another permit before holding a D-5a | 59184 |
| permit, either retain a D-5a permit or apply for the permit | 59185 |
| formerly held, and the division of liquor control shall issue the | 59186 |
| permit for which the owner or operator applies and formerly held, | 59187 |
| notwithstanding any quota. | 59188 |
| A D-5a permit shall not be transferred to another location. | 59189 |
| No quota restriction shall be placed on the number of D-5a permits | 59190 |
| that may be issued. | 59191 |
| The fee for this permit is two thousand three hundred | 59192 |
| forty-four dollars. | 59193 |
| (B) Permit D-5b may be issued to the owner, operator, tenant, | 59194 |
| lessee, or occupant of an enclosed shopping center to sell beer | 59195 |
| and intoxicating liquor at retail, only by the individual drink in | 59196 |
| glass and from the container, for consumption on the premises | 59197 |
| where sold; and to sell the same products in the same manner and | 59198 |
| amount not for consumption on the premises as may be sold by | 59199 |
| holders of D-1 and D-2 permits. In addition to the privileges | 59200 |
| authorized in this division, the holder of a D-5b permit may | 59201 |
| exercise the same privileges as a holder of a D-5 permit. | 59202 |
| A D-5b permit shall not be transferred to another location. | 59203 |
| One D-5b permit may be issued at an enclosed shopping center | 59204 |
| containing at least two hundred twenty-five thousand, but less | 59205 |
| than four hundred thousand, square feet of floor area. | 59206 |
| Two D-5b permits may be issued at an enclosed shopping center | 59207 |
| containing at least four hundred thousand square feet of floor | 59208 |
| area. No more than one D-5b permit may be issued at an enclosed | 59209 |
| shopping center for each additional two hundred thousand square | 59210 |
| feet of floor area or fraction of that floor area, up to a maximum | 59211 |
| of five D-5b permits for each enclosed shopping center. The number | 59212 |
| of D-5b permits that may be issued at an enclosed shopping center | 59213 |
| shall be determined by subtracting the number of D-3 and D-5 | 59214 |
| permits issued in the enclosed shopping center from the number of | 59215 |
| D-5b permits that otherwise may be issued at the enclosed shopping | 59216 |
| center under the formulas provided in this division. Except as | 59217 |
| provided in this section, no quota shall be placed on the number | 59218 |
| of D-5b permits that may be issued. Notwithstanding any quota | 59219 |
| provided in this section, the holder of any D-5b permit first | 59220 |
| issued in accordance with this section is entitled to its renewal | 59221 |
| in accordance with section 4303.271 of the Revised Code. | 59222 |
| The holder of a D-5b permit issued before April 4, 1984, | 59223 |
| whose tenancy is terminated for a cause other than nonpayment of | 59224 |
| rent, may return the D-5b permit to the division of liquor | 59225 |
| control, and the division shall cancel that permit. Upon | 59226 |
| cancellation of that permit and upon the permit holder's payment | 59227 |
| of taxes, contributions, premiums, assessments, and other debts | 59228 |
| owing or accrued upon the date of cancellation to this state and | 59229 |
| its political subdivisions and a filing with the division of a | 59230 |
| certification of that payment, the division shall issue to that | 59231 |
| person either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as | 59232 |
| that person requests. The division shall issue the D-5 permit, or | 59233 |
| the D-1, D-2, and D-3 permits, even if the number of D-1, D-2, | 59234 |
| D-3, or D-5 permits currently issued in the municipal corporation | 59235 |
| or in the unincorporated area of the township where that person's | 59236 |
| proposed premises is located equals or exceeds the maximum number | 59237 |
| of such permits that can be issued in that municipal corporation | 59238 |
| or in the unincorporated area of that township under the | 59239 |
| population quota restrictions contained in section 4303.29 of the | 59240 |
| Revised Code. Any D-1, D-2, D-3, or D-5 permit so issued shall not | 59241 |
| be transferred to another location. If a D-5b permit is canceled | 59242 |
| under the provisions of this paragraph, the number of D-5b permits | 59243 |
| that may be issued at the enclosed shopping center for which the | 59244 |
| D-5b permit was issued, under the formula provided in this | 59245 |
| division, shall be reduced by one if the enclosed shopping center | 59246 |
| was entitled to more than one D-5b permit under the formula. | 59247 |
| The fee for this permit is two thousand three hundred | 59248 |
| forty-four dollars. | 59249 |
| (C) Permit D-5c may be issued to the owner or operator of a | 59250 |
| retail food establishment or a food service operation licensed | 59251 |
| pursuant to Chapter 3717. of the Revised Code that operates as a | 59252 |
| restaurant for purposes of this chapter and that qualifies under | 59253 |
| the other requirements of this section to sell beer and any | 59254 |
| intoxicating liquor at retail, only by the individual drink in | 59255 |
| glass and from the container, for consumption on the premises | 59256 |
| where sold, and to sell the same products in the same manner and | 59257 |
| amounts not for consumption on the premises as may be sold by | 59258 |
| holders of D-1 and D-2 permits. In addition to the privileges | 59259 |
| authorized in this division, the holder of a D-5c permit may | 59260 |
| exercise the same privileges as the holder of a D-5 permit. | 59261 |
| To qualify for a D-5c permit, the owner or operator of a | 59262 |
| retail food establishment or a food service operation licensed | 59263 |
| pursuant to Chapter 3717. of the Revised Code that operates as a | 59264 |
| restaurant for purposes of this chapter, shall have operated the | 59265 |
| restaurant at the proposed premises for not less than twenty-four | 59266 |
| consecutive months immediately preceding the filing of the | 59267 |
| application for the permit, have applied for a D-5 permit no later | 59268 |
| than December 31, 1988, and appear on the division's quota waiting | 59269 |
| list for not less than six months immediately preceding the filing | 59270 |
| of the application for the permit. In addition to these | 59271 |
| requirements, the proposed D-5c permit premises shall be located | 59272 |
| within a municipal corporation and further within an election | 59273 |
| precinct that, at the time of the application, has no more than | 59274 |
| twenty-five per cent of its total land area zoned for residential | 59275 |
| use. | 59276 |
| A D-5c permit shall not be transferred to another location. | 59277 |
| No quota restriction shall be placed on the number of such permits | 59278 |
| that may be issued. | 59279 |
| Any person who has held a D-5c permit for at least two years | 59280 |
| may apply for a D-5 permit, and the division of liquor control | 59281 |
| shall issue the D-5 permit notwithstanding the quota restrictions | 59282 |
| contained in section 4303.29 of the Revised Code or in any rule of | 59283 |
| the liquor control commission. | 59284 |
| The fee for this permit is one thousand five hundred | 59285 |
| sixty-three dollars. | 59286 |
| (D) Permit D-5d may be issued to the owner or operator of a | 59287 |
| retail food establishment or a food service operation licensed | 59288 |
| pursuant to Chapter 3717. of the Revised Code that operates as a | 59289 |
| restaurant for purposes of this chapter and that is located at an | 59290 |
| airport operated by a board of county commissioners pursuant to | 59291 |
| section 307.20 of the Revised Code, at an airport operated by a | 59292 |
| port authority pursuant to Chapter 4582. of the Revised Code, or | 59293 |
| at an airport operated by a regional airport authority pursuant to | 59294 |
| Chapter 308. of the Revised Code. The holder of a D-5d permit may | 59295 |
| sell beer and any intoxicating liquor at retail, only by the | 59296 |
| individual drink in glass and from the container, for consumption | 59297 |
| on the premises where sold, and may sell the same products in the | 59298 |
| same manner and amounts not for consumption on the premises where | 59299 |
| sold as may be sold by the holders of D-1 and D-2 permits. In | 59300 |
| addition to the privileges authorized in this division, the holder | 59301 |
| of a D-5d permit may exercise the same privileges as the holder of | 59302 |
| a D-5 permit. | 59303 |
| A D-5d permit shall not be transferred to another location. | 59304 |
| No quota restrictions shall be placed on the number of such | 59305 |
| permits that may be issued. | 59306 |
| The fee for this permit is two thousand three hundred | 59307 |
| forty-four dollars. | 59308 |
| (E) Permit D-5e may be issued to any nonprofit organization | 59309 |
| that is exempt from federal income taxation under the "Internal | 59310 |
| Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as | 59311 |
| amended, or that is a charitable organization under any chapter of | 59312 |
| the Revised Code, and that owns or operates a riverboat that meets | 59313 |
| all of the following: | 59314 |
| (1) Is permanently docked at one location; | 59315 |
| (2) Is designated as an historical riverboat by the Ohio | 59316 |
| historical society; | 59317 |
| (3) Contains not less than fifteen hundred square feet of | 59318 |
| floor area; | 59319 |
| (4) Has a seating capacity of fifty or more persons. | 59320 |
| The holder of a D-5e permit may sell beer and intoxicating | 59321 |
| liquor at retail, only by the individual drink in glass and from | 59322 |
| the container, for consumption on the premises where sold. | 59323 |
| A D-5e permit shall not be transferred to another location. | 59324 |
| No quota restriction shall be placed on the number of such permits | 59325 |
| that may be issued. The population quota restrictions contained | 59326 |
| in section 4303.29 of the Revised Code or in any rule of the | 59327 |
| liquor control commission shall not apply to this division, and | 59328 |
| the division shall issue a D-5e permit to any applicant who meets | 59329 |
| the requirements of this division. However, the division shall not | 59330 |
| issue a D-5e permit if the permit premises or proposed permit | 59331 |
| premises are located within an area in which the sale of | 59332 |
| spirituous liquor by the glass is prohibited. | 59333 |
| The fee for this permit is one thousand two hundred nineteen | 59334 |
| dollars. | 59335 |
| (F) Permit D-5f may be issued to the owner or operator of a | 59336 |
| retail food establishment or a food service operation licensed | 59337 |
| under Chapter 3717. of the Revised Code that operates as a | 59338 |
| restaurant for purposes of this chapter and that meets all of the | 59339 |
| following: | 59340 |
| (1) It contains not less than twenty-five hundred square feet | 59341 |
| of floor area. | 59342 |
| (2) It is located on or in, or immediately adjacent to, the | 59343 |
| shoreline of, a navigable river. | 59344 |
| (3) It provides docking space for twenty-five boats. | 59345 |
| (4) It provides entertainment and recreation, provided that | 59346 |
| not less than fifty per cent of the business on the permit | 59347 |
| premises shall be preparing and serving meals for a consideration. | 59348 |
| In addition, each application for a D-5f permit shall be | 59349 |
| accompanied by a certification from the local legislative | 59350 |
| authority that the issuance of the D-5f permit is not inconsistent | 59351 |
| with that political subdivision's comprehensive development plan | 59352 |
| or other economic development goal as officially established by | 59353 |
| the local legislative authority. | 59354 |
| The holder of a D-5f permit may sell beer and intoxicating | 59355 |
| liquor at retail, only by the individual drink in glass and from | 59356 |
| the container, for consumption on the premises where sold. | 59357 |
| A D-5f permit shall not be transferred to another location. | 59358 |
| The division of liquor control shall not issue a D-5f permit | 59359 |
| if the permit premises or proposed permit premises are located | 59360 |
| within an area in which the sale of spirituous liquor by the glass | 59361 |
| is prohibited. | 59362 |
| A fee for this permit is two thousand three hundred | 59363 |
| forty-four dollars. | 59364 |
| As used in this division, "navigable river" means a river | 59365 |
| that is also a "navigable water" as defined in the "Federal Power | 59366 |
| Act," 94 Stat. 770 (1980), 16 U.S.C. 796. | 59367 |
| (G) Permit D-5g may be issued to a nonprofit corporation that | 59368 |
| is either the owner or the operator of a national professional | 59369 |
| sports museum. The holder of a D-5g permit may sell beer and any | 59370 |
| intoxicating liquor at retail, only by the individual drink in | 59371 |
| glass and from the container, for consumption on the premises | 59372 |
| where sold. The holder of a D-5g permit shall sell no beer or | 59373 |
| intoxicating liquor for consumption on the premises where sold | 59374 |
| after one a.m. A D-5g permit shall not be transferred to another | 59375 |
| location. No quota restrictions shall be placed on the number of | 59376 |
| D-5g permits that may be issued. The fee for this permit is one | 59377 |
| thousand eight hundred seventy-five dollars. | 59378 |
| (H)(1) Permit D-5h may be issued to any nonprofit | 59379 |
| organization that is exempt from federal income taxation under the | 59380 |
| "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. | 59381 |
| 501(c)(3), as amended, that owns or operates any of the following: | 59382 |
| (a) A fine arts museum, provided that the nonprofit | 59383 |
| organization has no less than one thousand five hundred bona fide | 59384 |
| members possessing full membership privileges; | 59385 |
| (b) A community arts center. As used in division (H)(1)(b) of | 59386 |
| this section, "community arts center" means a facility that | 59387 |
| provides arts programming to the community in more than one arts | 59388 |
| discipline, including, but not limited to, exhibits of works of | 59389 |
| art and performances by both professional and amateur artists. | 59390 |
| (c) A community theater, provided that the nonprofit | 59391 |
| organization is a member of the Ohio arts council and the American | 59392 |
| community theatre association and has been in existence for not | 59393 |
| less than ten years. As used in division (H)(1)(c) of this | 59394 |
| section, "community theater" means a facility that contains at | 59395 |
| least one hundred fifty seats and has a primary function of | 59396 |
| presenting live theatrical performances and providing recreational | 59397 |
| opportunities to the community. | 59398 |
| (2) The holder of a D-5h permit may sell beer and any | 59399 |
| intoxicating liquor at retail, only by the individual drink in | 59400 |
| glass and from the container, for consumption on the premises | 59401 |
| where sold. The holder of a D-5h permit shall sell no beer or | 59402 |
| intoxicating liquor for consumption on the premises where sold | 59403 |
| after one a.m. A D-5h permit shall not be transferred to another | 59404 |
| location. No quota restrictions shall be placed on the number of | 59405 |
| D-5h permits that may be issued. | 59406 |
| (3) The fee for a D-5h permit is one thousand eight hundred | 59407 |
| seventy-five dollars. | 59408 |
| (I) Permit D-5i may be issued to the owner or operator of a | 59409 |
| retail food establishment or a food service operation licensed | 59410 |
| under Chapter 3717. of the Revised Code that operates as a | 59411 |
| restaurant for purposes of this chapter and that meets all of the | 59412 |
| following requirements: | 59413 |
| (1) It is located in a municipal corporation or a township | 59414 |
| with a population of one hundred thousand or less. | 59415 |
| (2) It has inside seating capacity for at least one hundred | 59416 |
| forty persons. | 59417 |
| (3) It has at least four thousand square feet of floor area. | 59418 |
| (4) It offers full-course meals, appetizers, and sandwiches. | 59419 |
| (5) Its receipts from beer and liquor sales, excluding wine | 59420 |
| sales, do not exceed twenty-five per cent of its total gross | 59421 |
| receipts. | 59422 |
| (6) It has at least one of the following characteristics: | 59423 |
| (a) The value of its real and personal property exceeds seven | 59424 |
| hundred twenty-five thousand dollars. | 59425 |
| (b) It is located on property that is owned or leased by the | 59426 |
| state or a state agency, and its owner or operator has | 59427 |
| authorization from the state or the state agency that owns or | 59428 |
| leases the property to obtain a D-5i permit. | 59429 |
| The holder of a D-5i permit may sell beer and any | 59430 |
| intoxicating liquor at retail, only by the individual drink in | 59431 |
| glass and from the container, for consumption on the premises | 59432 |
| where sold, and may sell the same products in the same manner and | 59433 |
| amounts not for consumption on the premises where sold as may be | 59434 |
| sold by the holders of D-1 and D-2 permits. The holder of a D-5i | 59435 |
| permit shall sell no beer or intoxicating liquor for consumption | 59436 |
| on the premises where sold after two-thirty a.m. In addition to | 59437 |
| the privileges authorized in this division, the holder of a D-5i | 59438 |
| permit may exercise the same privileges as the holder of a D-5 | 59439 |
| permit. | 59440 |
| A D-5i permit shall not be transferred to another location. | 59441 |
| The division of liquor control shall not renew a D-5i permit | 59442 |
| unless the retail food establishment or food service operation for | 59443 |
| which it is issued continues to meet the requirements described in | 59444 |
| divisions (I)(1) to (6) of this section. No quota restrictions | 59445 |
| shall be placed on the number of D-5i permits that may be issued. | 59446 |
| The fee for the D-5i permit is two thousand three hundred | 59447 |
| forty-four dollars. | 59448 |
| (J)(1) Permit D-5j may be issued to the owner or the operator | 59449 |
| of a retail food establishment or a food service operation | 59450 |
| licensed under Chapter 3717. of the Revised Code to sell beer and | 59451 |
| intoxicating liquor at retail, only by the individual drink in | 59452 |
| glass and from the container, for consumption on the premises | 59453 |
| where sold and to sell beer and intoxicating liquor in the same | 59454 |
| manner and amounts not for consumption on the premises where sold | 59455 |
| as may be sold by the holders of D-1 and D-2 permits. The holder | 59456 |
| of a D-5j permit may exercise the same privileges, and shall | 59457 |
| observe the same hours of operation, as the holder of a D-5 | 59458 |
| permit. | 59459 |
| (2) The D-5j permit shall be issued only within a community | 59460 |
| entertainment district that is designated under section 4301.80 of | 59461 |
| the Revised Code and that meets one of the following | 59462 |
| qualifications: | 59463 |
| (a) It is located in a municipal corporation with a | 59464 |
| population of at least one hundred thousand. | 59465 |
| (b) It is located in a municipal corporation with a | 59466 |
| population of at least twenty thousand, and either of the | 59467 |
| following applies: | 59468 |
| (i) It contains an amusement park the rides of which have | 59469 |
| been issued a permit by the department of agriculture under | 59470 |
| Chapter 1711. of the Revised Code. | 59471 |
| (ii) Not less than fifty million dollars will be invested in | 59472 |
| development and construction in the community entertainment | 59473 |
| district's area located in the municipal corporation. | 59474 |
| (c) It is located in a township with a population of at least | 59475 |
| forty thousand. | 59476 |
| (d) It is located in a municipal corporation with a | 59477 |
| population of at least ten thousand, and not less than seventy | 59478 |
| million dollars will be invested in development and construction | 59479 |
| in the community entertainment district's area located in the | 59480 |
| municipal corporation. | 59481 |
| (e) It is located in a municipal corporation with a | 59482 |
| population of at least five thousand, and not less than one | 59483 |
| hundred million dollars will be invested in development and | 59484 |
| construction in the community entertainment district's area | 59485 |
| located in the municipal corporation. | 59486 |
| (3) The location of a D-5j permit may be transferred only | 59487 |
| within the geographic boundaries of the community entertainment | 59488 |
| district in which it was issued and shall not be transferred | 59489 |
| outside the geographic boundaries of that district. | 59490 |
| (4) Not more than one D-5j permit shall be issued within each | 59491 |
| community entertainment district for each five acres of land | 59492 |
| located within the district. Not more than fifteen D-5j permits | 59493 |
| may be issued within a single community entertainment district. | 59494 |
| Except as otherwise provided in division (J)(4) of this section, | 59495 |
| no quota restrictions shall be placed upon the number of D-5j | 59496 |
| permits that may be issued. | 59497 |
| (5) The fee for a D-5j permit is two thousand three hundred | 59498 |
| forty-four dollars. | 59499 |
| (K)(1) Permit D-5k may be issued to any nonprofit | 59500 |
| organization that is exempt from federal income taxation under the | 59501 |
| "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. | 59502 |
| 501(c)(3), as amended, that is the owner or operator of a | 59503 |
| botanical garden recognized by the American association of | 59504 |
| botanical gardens and arboreta, and that has not less than | 59505 |
| twenty-five hundred bona fide members. | 59506 |
| (2) The holder of a D-5k permit may sell beer and any | 59507 |
| intoxicating liquor at retail, only by the individual drink in | 59508 |
| glass and from the container, on the premises where sold. | 59509 |
| (3) The holder of a D-5k permit shall sell no beer or | 59510 |
| intoxicating liquor for consumption on the premises where sold | 59511 |
| after one a.m. | 59512 |
| (4) A D-5k permit shall not be transferred to another | 59513 |
| location. | 59514 |
| (5) No quota restrictions shall be placed on the number of | 59515 |
| D-5k permits that may be issued. | 59516 |
| (6) The fee for the D-5k permit is one thousand eight hundred | 59517 |
| seventy-five dollars. | 59518 |
| (L)(1) Permit D-5l may be issued to the owner or the operator | 59519 |
| of a retail food establishment or a food service operation | 59520 |
| licensed under Chapter 3717. of the Revised Code to sell beer and | 59521 |
| intoxicating liquor at retail, only by the individual drink in | 59522 |
| glass and from the container, for consumption on the premises | 59523 |
| where sold and to sell beer and intoxicating liquor in the same | 59524 |
| manner and amounts not for consumption on the premises where sold | 59525 |
| as may be sold by the holders of D-1 and D-2 permits. The holder | 59526 |
| of a D-5l permit may exercise the same privileges, and shall | 59527 |
| observe the same hours of operation, as the holder of a D-5 | 59528 |
| permit. | 59529 |
| (2) The D-5l permit shall be issued only to a premises that | 59530 |
| has gross annual receipts from the sale of food and meals that | 59531 |
| constitute not less than seventy-five per cent of its total gross | 59532 |
| annual receipts, that is located within a revitalization district | 59533 |
| that is designated under section 4301.81 of the Revised Code, | 59534 |
| that is located in a municipal corporation or township in which | 59535 |
| the number of D-5 permits issued equals or exceeds the number of | 59536 |
| those permits that may be issued in that municipal corporation | 59537 |
| or township under section 4303.29 of the Revised Code, and that | 59538 |
| is located in a county with a population of one hundred | 59539 |
| twenty-five thousand or less according to the population | 59540 |
| estimates certified by the department of development for | 59541 |
| calendar year 2006. | 59542 |
| (3) The location of a D-5l permit may be transferred only | 59543 |
| within the geographic boundaries of the revitalization district in | 59544 |
| which it was issued and shall not be transferred outside the | 59545 |
| geographic boundaries of that district. | 59546 |
| (4) Not more than one D-5l permit shall be issued within each | 59547 |
| revitalization district for each five acres of land located within | 59548 |
| the district. Not more than five D-5l permits may be issued within | 59549 |
| a single revitalization district. Except as otherwise provided in | 59550 |
| division (L)(4) of this section, no quota restrictions shall be | 59551 |
| placed upon the number of D-5l permits that may be issued. | 59552 |
| (5) The fee for a D-5l permit is two thousand three hundred | 59553 |
| forty-four dollars. | 59554 |
| (M) Permit D-5m may be issued to either the owner or the | 59555 |
| operator of a retail food establishment or food service operation | 59556 |
| licensed under Chapter 3717. of the Revised Code that operates as | 59557 |
| a restaurant for purposes of this chapter and that is located in, | 59558 |
| or affiliated with, a center for the preservation of wild animals | 59559 |
| as defined in section 4301.404 of the Revised Code, to sell beer | 59560 |
| and any intoxicating liquor at retail, only by the glass and from | 59561 |
| the container, for consumption on the premises where sold, and to | 59562 |
| sell the same products in the same manner and amounts not for | 59563 |
| consumption on the premises as may be sold by the holders of D-1 | 59564 |
| and D-2 permits. In addition to the privileges authorized by this | 59565 |
| division, the holder of a D-5m permit may exercise the same | 59566 |
| privileges as the holder of a D-5 permit. | 59567 |
| A D-5m permit shall not be transferred to another location. | 59568 |
| No quota restrictions shall be placed on the number of D-5m | 59569 |
| permits that may be issued. The fee for a permit D-5m is two | 59570 |
| thousand three hundred forty-four dollars. | 59571 |
| Sec. 4303.182. (A) Except as otherwise provided in divisions | 59572 |
| (B) to (J) of this section, permit D-6 shall be issued to the | 59573 |
| holder of an A-1-A, A-2, A-3a, C-2, D-2, D-3, D-3a, D-4, D-4a, | 59574 |
| D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, | 59575 |
| D-5k, D-5l, D-5m, or D-7 permit to allow sale under that permit | 59576 |
| between the hours of ten a.m. and midnight, or between the hours | 59577 |
| of one p.m. and midnight, on Sunday, as applicable, if that sale | 59578 |
| has been authorized under section 4301.361, 4301.364, 4301.365, or | 59579 |
| 4301.366 of the Revised Code and under the restrictions of that | 59580 |
| authorization. | 59581 |
| (B) Permit D-6 shall be issued to the holder of any permit, | 59582 |
| including a D-4a and D-5d permit, authorizing the sale of | 59583 |
| intoxicating liquor issued for a premises located at any publicly | 59584 |
| owned airport, as defined in section 4563.01 of the Revised Code, | 59585 |
| at which commercial airline companies operate regularly scheduled | 59586 |
| flights on which space is available to the public, to allow sale | 59587 |
| under such permit between the hours of ten a.m. and midnight on | 59588 |
| Sunday, whether or not that sale has been authorized under section | 59589 |
| 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code. | 59590 |
| (C) Permit D-6 shall be issued to the holder of a D-5a | 59591 |
| permit, and to the holder of a D-3 or D-3a permit who is the owner | 59592 |
| or operator of a hotel or motel that is required to be licensed | 59593 |
| under section 3731.03 of the Revised Code, that contains at least | 59594 |
| fifty rooms for registered transient guests, and that has on its | 59595 |
| premises a retail food establishment or a food service operation | 59596 |
| licensed pursuant to Chapter 3717. of the Revised Code that | 59597 |
| operates as a restaurant for purposes of this chapter and is | 59598 |
| affiliated with the hotel or motel and within or contiguous to the | 59599 |
| hotel or motel and serving food within the hotel or motel, to | 59600 |
| allow sale under such permit between the hours of ten a.m. and | 59601 |
| midnight on Sunday, whether or not that sale has been authorized | 59602 |
| under section 4301.361, 4301.364, 4301.365, or 4301.366 of the | 59603 |
| Revised Code. | 59604 |
| (D) The holder of a D-6 permit that is issued to a sports | 59605 |
| facility may make sales under the permit between the hours of | 59606 |
| eleven a.m. and midnight on any Sunday on which a professional | 59607 |
| baseball, basketball, football, hockey, or soccer game is being | 59608 |
| played at the sports facility. As used in this division, "sports | 59609 |
| facility" means a stadium or arena that has a seating capacity of | 59610 |
| at least four thousand and that is owned or leased by a | 59611 |
| professional baseball, basketball, football, hockey, or soccer | 59612 |
| franchise or any combination of those franchises. | 59613 |
| (E) Permit D-6 shall be issued to the holder of any permit | 59614 |
| that authorizes the sale of beer or intoxicating liquor and that | 59615 |
| is issued to a premises located in or at the Ohio historical | 59616 |
| society area or the state fairgrounds, as defined in division (B) | 59617 |
| of section 4301.40 of the Revised Code, to allow sale under that | 59618 |
| permit between the hours of ten a.m. and midnight on Sunday, | 59619 |
| whether or not that sale has been authorized under section | 59620 |
| 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code. | 59621 |
| (F) Permit D-6 shall be issued to the holder of any permit | 59622 |
| that authorizes the sale of intoxicating liquor and that is issued | 59623 |
| to an outdoor performing arts center to allow sale under that | 59624 |
| permit between the hours of one p.m. and midnight on Sunday, | 59625 |
| whether or not that sale has been authorized under section | 59626 |
| 4301.361 of the Revised Code. A D-6 permit issued under this | 59627 |
| division is subject to the results of an election, held after the | 59628 |
| D-6 permit is issued, on question (B)(4) as set forth in section | 59629 |
| 4301.351 of the Revised Code. Following the end of the period | 59630 |
| during which an election may be held on question (B)(4) as set | 59631 |
| forth in that section, sales of intoxicating liquor may continue | 59632 |
| at an outdoor performing arts center under a D-6 permit issued | 59633 |
| under this division, unless an election on that question is held | 59634 |
| during the permitted period and a majority of the voters voting in | 59635 |
| the precinct on that question vote "no." | 59636 |
| As used in this division, "outdoor performing arts center" | 59637 |
| means an outdoor performing arts center that is located on not | 59638 |
| less than eight hundred acres of land and that is open for | 59639 |
| performances from the first day of April to the last day of | 59640 |
| October of each year. | 59641 |
| (G) Permit D-6 shall be issued to the holder of any permit | 59642 |
| that authorizes the sale of beer or intoxicating liquor and that | 59643 |
| is issued to a golf course owned by the state, a conservancy | 59644 |
| district, a park district created under Chapter 1545. of the | 59645 |
| Revised Code, or another political subdivision to allow sale under | 59646 |
| that permit between the hours of ten a.m. and midnight on Sunday, | 59647 |
| whether or not that sale has been authorized under section | 59648 |
| 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code. | 59649 |
| (H) Permit D-6 shall be issued to the holder of a D-5g permit | 59650 |
| to allow sale under that permit between the hours of ten a.m. and | 59651 |
| midnight on Sunday, whether or not that sale has been authorized | 59652 |
| under section 4301.361, 4301.364, 4301.365, or 4301.366 of the | 59653 |
| Revised Code. | 59654 |
| (I) Permit D-6 shall be issued to the holder of any D permit | 59655 |
| for a premises that is licensed under Chapter 3717. of the Revised | 59656 |
| Code and that is located at a ski area to allow sale under the D-6 | 59657 |
| permit between the hours of ten a.m. and midnight on Sunday, | 59658 |
| whether or not that sale has been authorized under section | 59659 |
| 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code. | 59660 |
| As used in this division, "ski area" means a ski area as | 59661 |
| defined in section 4169.01 of the Revised Code, provided that the | 59662 |
| passenger tramway operator at that area is registered under | 59663 |
| section 4169.03 of the Revised Code. | 59664 |
|
(J) Permit D-6 shall be issued to the holder of | 59665 |
| permit that is described in division (A) of this section for a | 59666 |
| permit premises that is located in a community entertainment | 59667 |
| district, as defined in section 4301.80 of the Revised Code, that | 59668 |
| was approved by the legislative authority of a municipal | 59669 |
| corporation under that section between October 1 and October 15, | 59670 |
| 2005, to allow sale under the permit between the hours of ten a.m. | 59671 |
| and midnight on Sunday, whether or not that sale has been | 59672 |
| authorized under section 4301.361, 4301.364, 4301.365, or 4301.366 | 59673 |
| of the Revised Code. | 59674 |
| (K) If the restriction to licensed premises where the sale of | 59675 |
| food and other goods and services exceeds fifty per cent of the | 59676 |
| total gross receipts of the permit holder at the premises is | 59677 |
| applicable, the division of liquor control may accept an affidavit | 59678 |
| from the permit holder to show the proportion of the permit | 59679 |
| holder's gross receipts derived from the sale of food and other | 59680 |
| goods and services. If the liquor control commission determines | 59681 |
| that affidavit to have been false, it shall revoke the permits of | 59682 |
| the permit holder at the premises concerned. | 59683 |
| (L) The fee for the D-6 permit is five hundred dollars when | 59684 |
| it is issued to the holder of an A-1-A, A-2, A-3a, D-2, D-3, D-3a, | 59685 |
| D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, | 59686 |
| D-5i, D-5j, D-5k, D-5l, D-5m, or D-7 permit. The fee for the D-6 | 59687 |
| permit is four hundred dollars when it is issued to the holder | 59688 |
| of a C-2 permit. | 59689 |
| Sec. 4303.331. No permit holder shall purchase and import | 59690 |
| into this state any beer from any manufacturer, bottler, importer, | 59691 |
| wholesale dealer, or broker outside this state and within the | 59692 |
| United States unless and until such manufacturer, bottler, | 59693 |
| importer, wholesale dealer, or broker registers with the tax | 59694 |
| commissioner and supplies such information as the commissioner may | 59695 |
| require. | 59696 |
| The commissioner may, by rule, require any registrant to file | 59697 |
| with the commissioner a bond payable to the state in such form and | 59698 |
| amount as the commissioner prescribes with surety to the | 59699 |
| satisfaction of the tax commissioner conditioned upon the making | 59700 |
| of the report to be made to the tax commissioner and the payment | 59701 |
| to the tax commissioner of taxes levied by sections 4301.42 and | 59702 |
| 4305.01 of the Revised Code, all as provided in section 4303.33 of | 59703 |
| the Revised Code. | 59704 |
| Any such manufacturer, bottler, importer, wholesale dealer, | 59705 |
| or broker shall, as a part of such registration, make the | 59706 |
| secretary of state its agent for the service of process or notice | 59707 |
| of any assessment, action, or proceedings instituted in the state | 59708 |
| against such person under sections 4303.33, 4301.42, and 4305.01 | 59709 |
| of the Revised Code. | 59710 |
| Such process or notice shall be
served | 59711 |
| 59712 | |
| 59713 | |
| 59714 | |
| 59715 | |
| 59716 | |
| 59717 | |
| 59718 | |
| 59719 | |
| 59720 | |
| 59721 | |
| accordance with section 5703.37 of the Revised Code. | 59722 |
| Any B-1 permit holder who purchases beer from any | 59723 |
| manufacturer, bottler, importer, wholesale dealer, or broker | 59724 |
| outside this state and within the United States who has not | 59725 |
| registered with the tax commissioner and filed a bond as provided | 59726 |
| in this section shall be liable for any tax due on any beer | 59727 |
| purchased from such unregistered manufacturer, bottler, importer, | 59728 |
| wholesale dealer, or broker and shall be subject to any penalties | 59729 |
| provided in Chapters 4301., 4303., 4305., and 4307. of the Revised | 59730 |
| Code. | 59731 |
| Any B-1 permit holder who purchases beer from any | 59732 |
| manufacturer, bottler, importer, wholesale dealer, or broker | 59733 |
| outside this state and within the United States who has complied | 59734 |
| with this section shall not be liable for any tax due to the state | 59735 |
| on any beer purchased from any such manufacturer, bottler, | 59736 |
| importer, wholesale dealer, or broker. | 59737 |
| All money collected by the tax commissioner under this | 59738 |
| section shall be paid to the treasurer of state as revenue arising | 59739 |
| from the taxes levied by sections 4301.42, 4301.43, 4301.432, and | 59740 |
| 4305.01 of the Revised Code. | 59741 |
| Sec. 4501.06. The taxes, fees, and fines levied, charged, or | 59742 |
| referred to in division (O) of section 4503.04, division (E) of | 59743 |
| section 4503.042, division (B) of section 4503.07, division | 59744 |
| (C)(1) of section 4503.10, division (D) of section 4503.182, | 59745 |
| division (A) of section 4503.19, division (D)(2) of section | 59746 |
| 4507.24, division (A) of section 4508.06, and sections 4503.40, | 59747 |
| 4503.42, 4505.11, 4505.111, 4506.08, 4506.09, 4507.23, 4508.05, | 59748 |
| 4923.12, and 5502.12 of the Revised Code, and the taxes charged | 59749 |
| in section 4503.65 that are distributed in accordance with | 59750 |
| division (A)(2) of section 4501.044 of the Revised Code unless | 59751 |
| otherwise designated by law, shall be deposited in the state | 59752 |
| treasury to the credit of the state highway safety fund, which | 59753 |
| is hereby created, and shall, after receipt of certifications | 59754 |
| from the commissioners of the sinking fund certifying, as | 59755 |
| required by sections 5528.15 and 5528.35 of the Revised Code, | 59756 |
| that there are sufficient moneys to the credit of the highway | 59757 |
| improvement bond retirement fund created by section 5528.12 of | 59758 |
| the Revised Code to meet in full all payments of interest, | 59759 |
| principal, and charges for the retirement of bonds and other | 59760 |
| obligations issued pursuant to Section 2g of Article VIII, Ohio | 59761 |
| Constitution, and sections 5528.10 and 5528.11 of the Revised | 59762 |
| Code due and payable during the current calendar year, and that | 59763 |
| there are sufficient moneys to the credit of the highway | 59764 |
| obligations bond retirement fund created by section 5528.32 of | 59765 |
| the Revised Code to meet in full all payments of interest, | 59766 |
| principal, and charges for the retirement of highway obligations | 59767 |
| issued pursuant to Section 2i of Article VIII, Ohio | 59768 |
| Constitution, and sections 5528.30 and 5528.31 of the Revised | 59769 |
| Code due and payable during the current calendar year, be used | 59770 |
| for the purpose of enforcing and paying the expenses of | 59771 |
| administering the law relative to the registration and operation | 59772 |
| of motor vehicles on the public roads or highways. Amounts | 59773 |
| credited to the fund may also be used to pay the expenses of | 59774 |
| administering and enforcing the laws under which such fees were | 59775 |
| collected. All investment earnings of the state highway safety | 59776 |
| fund shall be credited to the fund. | 59777 |
| Sec. 4501.243. There is hereby created in the state | 59778 |
| treasury the Ohio nature preserves fund. The fund shall consist | 59779 |
| of the contributions that are paid to the registrar of motor | 59780 |
| vehicles by applicants who obtain Ohio nature preserves license | 59781 |
| plates pursuant to section 4503.563 of the Revised Code. All | 59782 |
| investment earnings of the fund shall be credited to the fund. | 59783 |
| The department of natural resources shall use the money in | 59784 |
| the fund to help finance nature preserve education, nature | 59785 |
| preserve clean-up projects, and nature preserve maintenance, | 59786 |
| protection, and restoration. | 59787 |
| Sec. 4501.271. (A)(1) A peace officer, correctional | 59788 |
| employee, or youth services employee may file a written request | 59789 |
| with the bureau of motor vehicles to do either or both of the | 59790 |
| following: | 59791 |
| (a) Prohibit disclosure of the officer's or employee's | 59792 |
| residence address as contained in motor vehicle records of the | 59793 |
| bureau; | 59794 |
| (b) Provide a business address to be displayed on the | 59795 |
| officer's or employee's driver's license or certificate of | 59796 |
| registration, or both. | 59797 |
| (2) The officer or employee shall file the request described | 59798 |
| in division (A)(1) of this section on a form provided by the | 59799 |
| registrar of motor vehicles and shall provide any documentary | 59800 |
| evidence verifying the person's status as a peace officer, | 59801 |
| correctional employee, or youth services employee and the | 59802 |
| officer's or employee's business address that the registrar | 59803 |
| requires pursuant to division (G) of this section. | 59804 |
| (B)(1) Except as provided in division (C) of this section, if | 59805 |
| a peace officer, correctional employee, or youth services employee | 59806 |
| has filed a request under division (A) of this section, neither | 59807 |
| the registrar nor an employee or contractor of the bureau of motor | 59808 |
| vehicles shall knowingly disclose the residence address of the | 59809 |
| officer or employee that the bureau obtained in connection with a | 59810 |
| motor vehicle record. | 59811 |
| (2) In accordance with section 149.43 of the Revised Code, | 59812 |
| the registrar or an employee or contractor of the bureau shall | 59813 |
| make available for inspection or copying a motor vehicle record of | 59814 |
| a peace officer, correctional employee, or youth services employee | 59815 |
| who has filed a request under division (A) of this section if the | 59816 |
| record is a public record under that section, but shall obliterate | 59817 |
| the residence address of the officer or employee from the record | 59818 |
| before making the record available for inspection or copying. The | 59819 |
| business address of the officer or employee may be made available | 59820 |
| in response to a valid request under section 149.43 of the Revised | 59821 |
| Code. | 59822 |
| (C) Notwithstanding division (B)(2) of section 4501.27 of the | 59823 |
| Revised Code, the registrar or an employee or contractor of the | 59824 |
| bureau may disclose the residence address of a peace officer, | 59825 |
| correctional employee, or youth services employee who files a | 59826 |
| request under division (A) of this section only in accordance with | 59827 |
| division (B)(1) of section 4501.27 of the Revised Code or pursuant | 59828 |
| to a court order. | 59829 |
| (D) If a peace officer, correctional employee, or youth | 59830 |
| services employee files a request under division (A)(1)(b) of this | 59831 |
| section, the officer shall still provide a residence address in | 59832 |
| any application for a driver's license or license renewal and in | 59833 |
| any application for a motor vehicle registration or registration | 59834 |
| renewal. In accordance with sections 4503.101 and 4507.09 of the | 59835 |
| Revised Code, an officer or employee shall notify the registrar of | 59836 |
| any change in the officer's or employee's residence within ten | 59837 |
| days after the change occurs. | 59838 |
| (E) A certificate of registration issued to a peace officer, | 59839 |
| correctional employee, or youth services employee who files a | 59840 |
| request under division (A)(1)(b) of this section shall display the | 59841 |
| business address of the officer. Notwithstanding section 4507.13 | 59842 |
| of the Revised Code, a driver's license issued to an officer or | 59843 |
| employee who files a request under division (A)(1)(b) of this | 59844 |
| section shall display the business address of the officer or | 59845 |
| employee. | 59846 |
| (F) The registrar may utilize the residence address of a | 59847 |
| peace officer, correctional employee, or youth services employee | 59848 |
| who files a request under division (A)(1)(b) of this section in | 59849 |
| carrying out the functions of the bureau of motor vehicles, | 59850 |
| including determining the district of registration for any | 59851 |
| applicable motor vehicle tax levied under Chapter 4504. of the | 59852 |
| Revised Code, determining whether tailpipe emissions inspections | 59853 |
| are required, and financial responsibility verification. | 59854 |
| (G) The registrar shall adopt rules governing a request for | 59855 |
| confidentiality of a peace officer's, correctional employee's, or | 59856 |
| youth services employee's residence address or use of a business | 59857 |
| address, including the documentary evidence required to verify the | 59858 |
| person's status as a peace officer, correctional employee, or | 59859 |
| youth services employee, the length of time that the request will | 59860 |
| be valid, procedures for ensuring that the bureau of motor | 59861 |
| vehicles receives notice of any change in a person's status as a | 59862 |
| peace officer, correctional employee, or youth services employee, | 59863 |
| and any other procedures the registrar considers necessary. The | 59864 |
| rules of the registrar may require an officer or employee to | 59865 |
| surrender any certificate of registration and any driver's license | 59866 |
| bearing the business address of the officer or employee and, upon | 59867 |
| payment of any applicable fees, to receive a certificate of | 59868 |
| registration and license bearing the officer's or employee's | 59869 |
| residence address, whenever the officer or employee no longer is | 59870 |
| associated with that business address. | 59871 |
| (H) As used in this section: | 59872 |
| (1) "Motor vehicle record" has the same meaning as in section | 59873 |
| 4501.27 of the Revised Code. | 59874 |
| (2) "Peace officer" means those persons described in division | 59875 |
|
(A)(1), (2), (4), (5), (6), (9), (10), (12), | 59876 |
| section 109.71 of the Revised Code, an officer, agent, or employee | 59877 |
| of the state or any of its agencies, instrumentalities, or | 59878 |
| political subdivisions, upon whom, by statute, a duty to conserve | 59879 |
| the peace or to enforce all or certain laws is imposed and the | 59880 |
| authority to arrest violators is conferred, within the limits of | 59881 |
| that statutory duty and authority, an investigator of the bureau | 59882 |
| of criminal identification and investigation as defined in section | 59883 |
| 2903.11 of the Revised Code, the house sergeant at arms appointed | 59884 |
| under division (B)(1) of section 101.311 of the Revised Code, and | 59885 |
| any assistant sergeant at arms appointed under division (C)(1) of | 59886 |
| section 101.311 of the Revised Code. "Peace officer" includes | 59887 |
| state highway patrol troopers but does not include the sheriff of | 59888 |
| a county or a supervisory employee who, in the absence of the | 59889 |
| sheriff, is authorized to stand in for, exercise the authority of, | 59890 |
| and perform the duties of the sheriff. | 59891 |
| (3) "Correctional employee" and "youth services employee" | 59892 |
| have the same meanings as in section 149.43 of the Revised Code. | 59893 |
| Sec. 4501.29. The department of administrative services shall | 59894 |
| collect user fees from participants in the multi-agency radio | 59895 |
| communications system (MARCS). The director of administrative | 59896 |
| services, with the advice of the MARCS steering committee and the | 59897 |
| consent of the director of budget and management, shall determine | 59898 |
| the amount of the user fees and the manner by which the fees shall | 59899 |
| be collected. All moneys from user fees shall be deposited in the | 59900 |
| MARCS administration fund, which is hereby created in the state | 59901 |
| treasury. All investment earnings on moneys in the fund shall be | 59902 |
| credited to the fund. | 59903 |
| Sec. 4503.068. On or before the second Monday in September | 59904 |
| of each year, the county treasurer shall total the amount by which | 59905 |
| the manufactured home taxes levied in that year were reduced | 59906 |
| pursuant to section 4503.065 of the Revised Code, and certify | 59907 |
| that amount to the tax commissioner. Within ninety days of the | 59908 |
|
receipt of the
certification, the commissioner shall | 59909 |
| 59910 | |
| 59911 | |
| 59912 | |
| 59913 | |
| 59914 | |
| payment to the county treasurer, from the general revenue fund, | 59915 |
| of the amount certified, which shall be credited upon receipt to | 59916 |
| the county's undivided income tax fund, and an amount equal to | 59917 |
| two per cent of the amount by which taxes were reduced, which | 59918 |
| shall be credited upon receipt to the county general fund as a | 59919 |
| payment, in addition to the fees and charges authorized by | 59920 |
| sections 319.54 and 321.26 of the Revised Code, to the county | 59921 |
| auditor and county treasurer for the costs of administering | 59922 |
| sections 4503.064 to 4503.069 of the Revised Code. | 59923 |
| Immediately upon receipt of | 59924 |
| 59925 | |
| 59926 | |
| this section, the county auditor shall distribute the full amount | 59927 |
| thereof among the taxing districts in the county as though it had | 59928 |
| been received as taxes under section 4503.06 of the Revised Code | 59929 |
| from each person for whom taxes were reduced under section | 59930 |
| 4503.065 of the Revised Code. | 59931 |
| Sec. 4503.10. (A) The owner of every snowmobile, | 59932 |
| off-highway motorcycle, and all-purpose vehicle required to be | 59933 |
| registered under section 4519.02 of the Revised Code shall file | 59934 |
| an application for registration under section 4519.03 of the | 59935 |
| Revised Code. The owner of a motor vehicle, other than a | 59936 |
| snowmobile, off-highway motorcycle, or all-purpose vehicle, that | 59937 |
| is not designed and constructed by the manufacturer for operation | 59938 |
| on a street or highway may not register it under this chapter | 59939 |
| except upon certification of inspection pursuant to section | 59940 |
| 4513.02 of the Revised Code by the sheriff, or the chief of | 59941 |
| police of the municipal corporation or township, with | 59942 |
| jurisdiction over the political subdivision in which the owner | 59943 |
| of the motor vehicle resides. Except as provided in section | 59944 |
| 4503.103 of the Revised Code, every owner of every other motor | 59945 |
| vehicle not previously described in this section and every person | 59946 |
| mentioned as owner in the last certificate of title of a motor | 59947 |
| vehicle that is operated or driven upon the public roads or | 59948 |
| highways shall cause to be filed each year, by mail or otherwise, | 59949 |
| in the office of the registrar of motor vehicles or a deputy | 59950 |
| registrar, a written or electronic application or a preprinted | 59951 |
| registration renewal notice issued under section 4503.102 of the | 59952 |
| Revised Code, the form of which shall be prescribed by the | 59953 |
| registrar, for registration for the following registration year, | 59954 |
| which shall begin on the first day of January of every calendar | 59955 |
| year and end on the thirty-first day of December in the same | 59956 |
| year. Applications for registration and registration renewal | 59957 |
| notices shall be filed at the times established by the registrar | 59958 |
| pursuant to section 4503.101 of the Revised Code. A motor vehicle | 59959 |
| owner also may elect to apply for or renew a motor vehicle | 59960 |
| registration by electronic means using electronic signature in | 59961 |
| accordance with rules adopted by the registrar. Except as | 59962 |
| provided in division (J) of this section, applications for | 59963 |
| registration shall be made on blanks furnished by the registrar | 59964 |
| for that purpose, containing the following information: | 59965 |
| (1) A brief description of the motor vehicle to be | 59966 |
| registered, including the year, make, model, and vehicle | 59967 |
| identification number, and, in the case of commercial cars, the | 59968 |
| gross weight of the vehicle fully equipped computed in the manner | 59969 |
| prescribed in section 4503.08 of the Revised Code; | 59970 |
| (2) The name and residence address of the owner, and the | 59971 |
| township and municipal corporation in which the owner resides; | 59972 |
| (3) The district of registration, which shall be determined | 59973 |
| as follows: | 59974 |
| (a) In case the motor vehicle to be registered is used for | 59975 |
| hire or principally in connection with any established business or | 59976 |
| branch business, conducted at a particular place, the district of | 59977 |
| registration is the municipal corporation in which that place is | 59978 |
| located or, if not located in any municipal corporation, the | 59979 |
| county and township in which that place is located. | 59980 |
| (b) In case the vehicle is not so used, the district of | 59981 |
| registration is the municipal corporation or county in which the | 59982 |
| owner resides at the time of making the application. | 59983 |
| (4) Whether the motor vehicle is a new or used motor vehicle; | 59984 |
| (5) The date of purchase of the motor vehicle; | 59985 |
| (6) Whether the fees required to be paid for the registration | 59986 |
| or transfer of the motor vehicle, during the preceding | 59987 |
| registration year and during the preceding period of the current | 59988 |
| registration year, have been paid. Each application for | 59989 |
| registration shall be signed by the owner, either manually or by | 59990 |
| electronic signature, or pursuant to obtaining a limited power of | 59991 |
| attorney authorized by the registrar for registration, or other | 59992 |
| document authorizing such signature. If the owner elects to apply | 59993 |
| for or renew the motor vehicle registration with the registrar by | 59994 |
| electronic means, the owner's manual signature is not required. | 59995 |
| (7) The owner's social security number, driver's license | 59996 |
| number, or state identification number, or, where a motor vehicle | 59997 |
| to be registered is used for hire or principally in connection | 59998 |
| with any established business, the owner's federal taxpayer | 59999 |
| identification number. The bureau of motor vehicles shall retain | 60000 |
| in its records all social security numbers provided under this | 60001 |
| section, but the bureau shall not place social security numbers on | 60002 |
| motor vehicle certificates of registration. | 60003 |
| (B) Except as otherwise provided in this division, each time | 60004 |
| an applicant first registers a motor vehicle in the applicant's | 60005 |
| name, the applicant shall present for inspection a physical | 60006 |
| certificate of title or memorandum certificate showing title to | 60007 |
| the motor vehicle to be registered in the name of the applicant if | 60008 |
| a physical certificate of title or memorandum certificate has | 60009 |
| been issued by a clerk of a court of common pleas. If, under | 60010 |
| sections 4505.021, 4505.06, and 4505.08 of the Revised Code, a | 60011 |
| clerk instead has issued an electronic certificate of title for | 60012 |
| the applicant's motor vehicle, that certificate may be presented | 60013 |
| for inspection at the time of first registration in a manner | 60014 |
| prescribed by rules adopted by the registrar. An applicant is not | 60015 |
| required to present a certificate of title to an electronic motor | 60016 |
| vehicle dealer acting as a limited authority deputy registrar in | 60017 |
| accordance with rules adopted by the registrar. When a motor | 60018 |
| vehicle inspection and maintenance program is in effect under | 60019 |
| section 3704.14 of the Revised Code and rules adopted under it, | 60020 |
| each application for registration for a vehicle required to be | 60021 |
| inspected under that section and those rules shall be accompanied | 60022 |
| by an inspection certificate for the motor vehicle issued in | 60023 |
| accordance with that section. The application shall be refused if | 60024 |
| any of the following applies: | 60025 |
| (1) The application is not in proper form. | 60026 |
| (2) The application is prohibited from being accepted by | 60027 |
| division (D) of section 2935.27, division (A) of section 2937.221, | 60028 |
| division (A) of section 4503.13, division (B) of section 4510.22, | 60029 |
| or division (B)(1) of section 4521.10 of the Revised Code. | 60030 |
| (3) A certificate of title or memorandum certificate of title | 60031 |
| is required but does not accompany the application or, in the case | 60032 |
| of an electronic certificate of title, is required but is not | 60033 |
| presented in a manner prescribed by the registrar's rules. | 60034 |
| (4) All registration and transfer fees for the motor vehicle, | 60035 |
| for the preceding year or the preceding period of the current | 60036 |
| registration year, have not been paid. | 60037 |
| (5) The owner or lessee does not have an inspection | 60038 |
| certificate for the motor vehicle as provided in section 3704.14 | 60039 |
| of the Revised Code, and rules adopted under it, if that section | 60040 |
| is applicable. | 60041 |
| This section does not require the payment of license or | 60042 |
| registration taxes on a motor vehicle for any preceding year, or | 60043 |
| for any preceding period of a year, if the motor vehicle was not | 60044 |
| taxable for that preceding year or period under sections 4503.02, | 60045 |
| 4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the | 60046 |
| Revised Code. When a certificate of registration is issued upon | 60047 |
| the first registration of a motor vehicle by or on behalf of the | 60048 |
| owner, the official issuing the certificate shall indicate the | 60049 |
| issuance with a stamp on the certificate of title or memorandum | 60050 |
| certificate or, in the case of an electronic certificate of title, | 60051 |
| an electronic stamp or other notation as specified in rules | 60052 |
| adopted by the registrar, and with a stamp on the inspection | 60053 |
| certificate for the motor vehicle, if any. The official also shall | 60054 |
| indicate, by a stamp or by other means the registrar prescribes, | 60055 |
| on the registration certificate issued upon the first registration | 60056 |
| of a motor vehicle by or on behalf of the owner the odometer | 60057 |
| reading of the motor vehicle as shown in the odometer statement | 60058 |
| included in or attached to the certificate of title. Upon each | 60059 |
| subsequent registration of the motor vehicle by or on behalf of | 60060 |
| the same owner, the official also shall so indicate the odometer | 60061 |
| reading of the motor vehicle as shown on the immediately preceding | 60062 |
| certificate of registration. | 60063 |
| The registrar shall include in the permanent registration | 60064 |
| record of any vehicle required to be inspected under section | 60065 |
| 3704.14 of the Revised Code the inspection certificate number from | 60066 |
| the inspection certificate that is presented at the time of | 60067 |
| registration of the vehicle as required under this division. | 60068 |
| (C)(1) Except as otherwise provided in division (C)(1) of | 60069 |
| this section, for each registration renewal with an expiration | 60070 |
| date on or after October 1, 2003, and for each initial | 60071 |
| application for registration received on and after that date, | 60072 |
| the registrar and each deputy registrar shall collect an | 60073 |
| additional fee of eleven dollars for each application for | 60074 |
| registration and registration renewal received. For vehicles | 60075 |
| specified in divisions (A)(1) to (21) of section 4503.042 of the | 60076 |
| Revised Code, commencing with each registration renewal with an | 60077 |
| expiration date on or after October 1, 2009, and for each | 60078 |
| initial application received on or after that date, the registrar | 60079 |
| and deputy registrar shall collect an additional fee of thirty | 60080 |
| dollars for each application for registration and registration | 60081 |
| renewal received. The additional fee is for the purpose of | 60082 |
| defraying the department of public safety's costs associated with | 60083 |
| the administration and enforcement of the motor vehicle and | 60084 |
| traffic laws of Ohio. Each deputy registrar shall transmit the | 60085 |
| fees collected under division (C)(1) of this section in the time | 60086 |
| and manner provided in this section. The registrar shall deposit | 60087 |
| all moneys received under division (C)(1) of this section into | 60088 |
| the state highway safety fund established in section 4501.06 of | 60089 |
| the Revised Code. | 60090 |
| (2) In addition, a charge of twenty-five cents shall be made | 60091 |
| for each reflectorized safety license plate issued, and a single | 60092 |
| charge of twenty-five cents shall be made for each county | 60093 |
| identification sticker or each set of county identification | 60094 |
| stickers issued, as the case may be, to cover the cost of | 60095 |
| producing the license plates and stickers, including material, | 60096 |
| manufacturing, and administrative costs. Those fees shall be in | 60097 |
| addition to the license tax. If the total cost of producing the | 60098 |
| plates is less than twenty-five cents per plate, or if the total | 60099 |
| cost of producing the stickers is less than twenty-five cents per | 60100 |
| sticker or per set issued, any excess moneys accruing from the | 60101 |
| fees shall be distributed in the same manner as provided by | 60102 |
| section 4501.04 of the Revised Code for the distribution of | 60103 |
| license tax moneys. If the total cost of producing the plates | 60104 |
| exceeds twenty-five cents per plate, or if the total cost of | 60105 |
| producing the stickers exceeds twenty-five cents per sticker or | 60106 |
| per set issued, the difference shall be paid from the license tax | 60107 |
| moneys collected pursuant to section 4503.02 of the Revised Code. | 60108 |
| (D) Each deputy registrar shall be allowed a fee of three | 60109 |
| dollars and fifty cents for each application for registration and | 60110 |
| registration renewal notice the deputy registrar receives, which | 60111 |
| shall be for the purpose of compensating the deputy registrar for | 60112 |
| the deputy registrar's services, and such office and rental | 60113 |
| expenses, as may be necessary for the proper discharge of the | 60114 |
| deputy registrar's duties in the receiving of applications and | 60115 |
| renewal notices and the issuing of registrations. | 60116 |
| (E) Upon the certification of the registrar, the county | 60117 |
| sheriff or local police officials shall recover license plates | 60118 |
| erroneously or fraudulently issued. | 60119 |
| (F) Each deputy registrar, upon receipt of any application | 60120 |
| for registration or registration renewal notice, together with the | 60121 |
| license fee and any local motor vehicle license tax levied | 60122 |
| pursuant to Chapter 4504. of the Revised Code, shall transmit that | 60123 |
| fee and tax, if any, in the manner provided in this section, | 60124 |
| together with the original and duplicate copy of the application, | 60125 |
| to the registrar. The registrar, subject to the approval of the | 60126 |
| director of public safety, may deposit the funds collected by | 60127 |
| those deputies in a local bank or depository to the credit of the | 60128 |
| "state of Ohio, bureau of motor vehicles." Where a local bank or | 60129 |
| depository has been designated by the registrar, each deputy | 60130 |
| registrar shall deposit all moneys collected by the deputy | 60131 |
| registrar into that bank or depository not more than one business | 60132 |
| day after their collection and shall make reports to the | 60133 |
| registrar of the amounts so deposited, together with any other | 60134 |
| information, some of which may be prescribed by the treasurer of | 60135 |
| state, as the registrar may require and as prescribed by the | 60136 |
| registrar by rule. The registrar, within three days after receipt | 60137 |
| of notification of the deposit of funds by a deputy registrar in a | 60138 |
| local bank or depository, shall draw on that account in favor of | 60139 |
| the treasurer of state. The registrar, subject to the approval of | 60140 |
| the director and the treasurer of state, may make reasonable rules | 60141 |
| necessary for the prompt transmittal of fees and for safeguarding | 60142 |
| the interests of the state and of counties, townships, municipal | 60143 |
| corporations, and transportation improvement districts levying | 60144 |
| local motor vehicle license taxes. The registrar may pay service | 60145 |
| charges usually collected by banks and depositories for such | 60146 |
| service. If deputy registrars are located in communities where | 60147 |
| banking facilities are not available, they shall transmit the fees | 60148 |
| forthwith, by money order or otherwise, as the registrar, by rule | 60149 |
| approved by the director and the treasurer of state, may | 60150 |
| prescribe. The registrar may pay the usual and customary fees for | 60151 |
| such service. | 60152 |
| (G) This section does not prevent any person from making an | 60153 |
| application for a motor vehicle license directly to the registrar | 60154 |
| by mail, by electronic means, or in person at any of the | 60155 |
| registrar's offices, upon payment of a service fee of three | 60156 |
| dollars and fifty cents for each application. | 60157 |
| (H) No person shall make a false statement as to the district | 60158 |
| of registration in an application required by division (A) of this | 60159 |
| section. Violation of this division is falsification under section | 60160 |
| 2921.13 of the Revised Code and punishable as specified in that | 60161 |
| section. | 60162 |
| (I)(1) Where applicable, the requirements of division (B) of | 60163 |
| this section relating to the presentation of an inspection | 60164 |
| certificate issued under section 3704.14 of the Revised Code and | 60165 |
| rules adopted under it for a motor vehicle, the refusal of a | 60166 |
| license for failure to present an inspection certificate, and the | 60167 |
| stamping of the inspection certificate by the official issuing the | 60168 |
| certificate of registration apply to the registration of and | 60169 |
| issuance of license plates for a motor vehicle under sections | 60170 |
| 4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172, | 60171 |
| 4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46, | 60172 |
| 4503.47, and 4503.51 of the Revised Code. | 60173 |
| (2)(a) The registrar shall adopt rules ensuring that each | 60174 |
| owner registering a motor vehicle in a county where a motor | 60175 |
| vehicle inspection and maintenance program is in effect under | 60176 |
| section 3704.14 of the Revised Code and rules adopted under it | 60177 |
| receives information about the requirements established in that | 60178 |
| section and those rules and about the need in those counties to | 60179 |
| present an inspection certificate with an application for | 60180 |
| registration or preregistration. | 60181 |
| (b) Upon request, the registrar shall provide the director of | 60182 |
| environmental protection, or any person that has been awarded a | 60183 |
|
contract under | 60184 |
| Code, an on-line computer data link to registration information | 60185 |
| for all passenger cars, noncommercial motor vehicles, and | 60186 |
| commercial cars that are subject to that section. The registrar | 60187 |
| also shall provide to the director of environmental protection a | 60188 |
| magnetic data tape containing registration information regarding | 60189 |
| passenger cars, noncommercial motor vehicles, and commercial cars | 60190 |
| for which a multi-year registration is in effect under section | 60191 |
| 4503.103 of the Revised Code or rules adopted under it, including, | 60192 |
| without limitation, the date of issuance of the multi-year | 60193 |
| registration, the registration deadline established under rules | 60194 |
| adopted under section 4503.101 of the Revised Code that was | 60195 |
| applicable in the year in which the multi-year registration was | 60196 |
| issued, and the registration deadline for renewal of the | 60197 |
| multi-year registration. | 60198 |
| (J) | 60199 |
| application for registration under the international registration | 60200 |
| plan, as set forth in sections 4503.60 to 4503.66 of the Revised | 60201 |
| Code, shall be made to the registrar on forms furnished by the | 60202 |
| registrar. In accordance with international registration plan | 60203 |
| guidelines and pursuant to rules adopted by the registrar, the | 60204 |
| forms shall include the following: | 60205 |
| (1) A uniform mileage schedule; | 60206 |
| (2) The gross vehicle weight of the vehicle or combined gross | 60207 |
| vehicle weight of the combination vehicle as declared by the | 60208 |
| registrant; | 60209 |
| (3) Any other information the registrar requires by rule. | 60210 |
| (K) The registrar shall determine the feasibility of | 60211 |
| implementing an electronic commercial fleet licensing and | 60212 |
| management program that will enable the owners of commercial | 60213 |
| tractors, commercial trailers, and commercial semitrailers to | 60214 |
| conduct electronic transactions by July 1, 2010, or sooner. If | 60215 |
| the registrar determines that implementing such a program is | 60216 |
| feasible, the registrar shall adopt new rules under this division | 60217 |
| or amend existing rules adopted under this division as necessary | 60218 |
| in order to respond to advances in technology. | 60219 |
| If international registration plan guidelines and provisions | 60220 |
| allow member jurisdictions to permit applications for | 60221 |
| registrations under the international registration plan to be made | 60222 |
| via the internet, the rules the registrar adopts under this | 60223 |
| division shall permit such action. | 60224 |
| Sec. 4503.103. (A)(1)(a)(i) The registrar of motor vehicles | 60225 |
| may adopt rules to permit any person or lessee, other than a | 60226 |
| person receiving an apportioned license plate under the | 60227 |
| international registration plan, who owns or leases one or more | 60228 |
| motor vehicles to file a written application for registration for | 60229 |
| no more than five succeeding registration years. The rules adopted | 60230 |
| by the registrar may designate the classes of motor vehicles that | 60231 |
| are eligible for such registration. At the time of application, | 60232 |
| all annual taxes and fees shall be paid for each year for which | 60233 |
| the person is registering. | 60234 |
| (ii) Not later than October 1, 2009, the registrar shall | 60235 |
|
adopt rules to permit any person or lessee who owns or leases | 60236 |
| 60237 | |
| subject to the tax rates prescribed in section 4503.042 of the | 60238 |
| Revised Code for such trailers or semitrailers to file a written | 60239 |
| application for registration for not more than five succeeding | 60240 |
| registration years. At the time of application, all annual taxes | 60241 |
| and fees shall be paid for each year for which the person is | 60242 |
| registering. | 60243 |
| (b)(i) Except as provided in division (A)(1)(b)(ii) of this | 60244 |
| section, the registrar shall adopt rules to permit any person who | 60245 |
| owns a motor vehicle to file an application for registration for | 60246 |
| the next two succeeding registration years. At the time of | 60247 |
| application, the person shall pay the annual taxes and fees for | 60248 |
| each registration year, calculated in accordance with division (C) | 60249 |
| of section 4503.11 of the Revised Code. A person who is | 60250 |
| registering a vehicle under division (A)(1)(b) of this section | 60251 |
| shall pay for each year of registration the additional fee | 60252 |
| established under division (C)(1) of section 4503.10 of the | 60253 |
| Revised Code. The person shall also pay one and one-half times the | 60254 |
| amount of the deputy registrar service fee specified in division | 60255 |
| (D) of section 4503.10 of the Revised Code or the bureau of motor | 60256 |
| vehicles service fee specified in division (G) of that section, | 60257 |
| as applicable. | 60258 |
| (ii) Division (A)(1)(b)(i) of this section does not apply to | 60259 |
| a person receiving an apportioned license plate under the | 60260 |
| international registration plan, or the owner of a commercial car | 60261 |
| used solely in intrastate commerce, or the owner of a bus as | 60262 |
| defined in section 4513.50 of the Revised Code. | 60263 |
| (2) No person applying for a multi-year registration under | 60264 |
| division (A)(1) of this section is entitled to a refund of any | 60265 |
| taxes or fees paid. | 60266 |
| (3) The registrar shall not issue to any applicant who has | 60267 |
| been issued a final, nonappealable order under division (B) of | 60268 |
| this section a multi-year registration or renewal thereof under | 60269 |
| this division or rules adopted under it for any motor vehicle that | 60270 |
| is required to be inspected under section 3704.14 of the Revised | 60271 |
| Code the district of registration of which, as determined under | 60272 |
| section 4503.10 of the Revised Code, is or is located in the | 60273 |
| county named in the order. | 60274 |
| (B) Upon receipt from the director of environmental | 60275 |
| protection of a notice issued under rules adopted under section | 60276 |
| 3704.14 of the Revised Code indicating that an owner of a motor | 60277 |
| vehicle that is required to be inspected under that section who | 60278 |
| obtained a multi-year registration for the vehicle under division | 60279 |
| (A) of this section or rules adopted under that division has not | 60280 |
| obtained a required inspection certificate for the vehicle, the | 60281 |
| registrar in accordance with Chapter 119. of the Revised Code | 60282 |
| shall issue an order to the owner impounding the certificate of | 60283 |
| registration and identification license plates for the vehicle. | 60284 |
| The order also shall prohibit the owner from obtaining or renewing | 60285 |
| a multi-year registration for any vehicle that is required to be | 60286 |
| inspected under that section, the district of registration of | 60287 |
| which is or is located in the same county as the county named in | 60288 |
| the order during the number of years after expiration of the | 60289 |
| current multi-year registration that equals the number of years | 60290 |
| for which the current multi-year registration was issued. | 60291 |
| An order issued under this division shall require the owner | 60292 |
| to surrender to the registrar the certificate of registration and | 60293 |
| license plates for the vehicle named in the order within five days | 60294 |
| after its issuance. If the owner fails to do so within that time, | 60295 |
| the registrar shall certify that fact to the county sheriff or | 60296 |
| local police officials who shall recover the certificate of | 60297 |
| registration and license plates for the vehicle. | 60298 |
| (C) Upon the occurrence of either of the following | 60299 |
| circumstances, the registrar in accordance with Chapter 119. of | 60300 |
| the Revised Code shall issue to the owner a modified order | 60301 |
| rescinding the provisions of the order issued under division (B) | 60302 |
| of this section impounding the certificate of registration and | 60303 |
| license plates for the vehicle named in that original order: | 60304 |
| (1) Receipt from the director of environmental protection of | 60305 |
| a subsequent notice under rules adopted under section 3704.14 of | 60306 |
| the Revised Code that the owner has obtained the inspection | 60307 |
| certificate for the vehicle as required under those rules; | 60308 |
| (2) Presentation to the registrar by the owner of the | 60309 |
| required inspection certificate for the vehicle. | 60310 |
| (D) The owner of a motor vehicle for which the certificate of | 60311 |
| registration and license plates have been impounded pursuant to an | 60312 |
| order issued under division (B) of this section, upon issuance of | 60313 |
| a modified order under division (C) of this section, may apply to | 60314 |
| the registrar for their return. A fee of two dollars and fifty | 60315 |
| cents shall be charged for the return of the certificate of | 60316 |
| registration and license plates for each vehicle named in the | 60317 |
| application. | 60318 |
| Sec. 4503.182. (A) A purchaser of a motor vehicle, upon | 60319 |
| application and proof of purchase of the vehicle, may be issued a | 60320 |
| temporary license placard or windshield sticker for the motor | 60321 |
| vehicle. | 60322 |
| The purchaser of a vehicle applying for a temporary license | 60323 |
| placard or windshield sticker under this section shall execute an | 60324 |
| affidavit stating that the purchaser has not been issued | 60325 |
| previously during the current registration year a license plate | 60326 |
| that could legally be transferred to the vehicle. | 60327 |
| Placards or windshield stickers shall be issued only for the | 60328 |
| applicant's use of the vehicle to enable the applicant to legally | 60329 |
| operate the motor vehicle while proper title, license plates, and | 60330 |
| a certificate of registration are being obtained, and shall be | 60331 |
| displayed on no other motor vehicle. | 60332 |
| Placards or windshield stickers issued under this section are | 60333 |
| valid for a period of thirty days from date of issuance and are | 60334 |
| not transferable or renewable. | 60335 |
| The fee for the placards or windshield stickers issued under | 60336 |
| this section is two dollars plus a service fee of three dollars | 60337 |
| and fifty cents. | 60338 |
| (B)(1) The registrar of motor vehicles may issue to a | 60339 |
| motorized bicycle dealer or a licensed motor vehicle dealer | 60340 |
| temporary license placards to be issued to purchasers for use on | 60341 |
| vehicles sold by the dealer, in accordance with rules prescribed | 60342 |
| by the registrar. The dealer shall notify the registrar, within | 60343 |
| forty-eight hours, of the issuance of a placard by electronic | 60344 |
| means via computer equipment purchased and maintained by the | 60345 |
| dealer or in any other manner prescribed by the registrar. | 60346 |
| (2) The fee for each placard issued by the registrar to a | 60347 |
|
dealer is
| 60348 |
| 60349 | |
| 60350 | |
| and fifty cents for each placard issued to a dealer who notifies | 60351 |
| the registrar of the issuance of the placards in a manner other | 60352 |
| than by approved electronic means. | 60353 |
| (3) When a dealer issues a temporary license placard to a | 60354 |
| purchaser, the dealer shall collect and retain the fees | 60355 |
| established under divisions (A) and (D) of this section. | 60356 |
| (C) The registrar of motor vehicles, at the registrar's | 60357 |
| discretion, may issue a temporary license placard. Such a placard | 60358 |
| may be issued in the case of extreme hardship encountered by a | 60359 |
| citizen from this state or another state who has attempted to | 60360 |
| comply with all registration laws, but for extreme circumstances | 60361 |
| is unable to properly register the citizen's vehicle. | 60362 |
| (D) In addition to the fees charged under divisions (A) and | 60363 |
| (B) of this section, commencing on October 1, 2003, the registrar | 60364 |
| and each deputy registrar shall collect a fee of five dollars and | 60365 |
| commencing on October 1, 2009, a fee of thirteen dollars, for each | 60366 |
| temporary license placard issued. The additional fee is for the | 60367 |
| purpose of defraying the department of public safety's costs | 60368 |
| associated with the administration and enforcement of the motor | 60369 |
|
vehicle and traffic laws of Ohio. | 60370 |
| manner provided by section 4503.10 of the Revised Code, the deputy | 60371 |
| registrar shall transmit to the registrar the fees collected | 60372 |
|
under this | 60373 |
| 60374 | |
| section. The registrar shall deposit all moneys received under | 60375 |
| this division into the state highway safety fund established in | 60376 |
| section 4501.06 of the Revised Code. | 60377 |
| (E) The registrar shall adopt rules, in accordance with | 60378 |
| division (B) of section 111.15 of the Revised Code, to specify the | 60379 |
| procedures for reporting the information from applications for | 60380 |
| temporary license placards and windshield stickers and for | 60381 |
| providing the information from these applications to law | 60382 |
| enforcement agencies. | 60383 |
| (F) Temporary license placards issued under this section | 60384 |
| shall bear a distinctive combination of seven letters, numerals, | 60385 |
| or letters and numerals, and shall incorporate a security feature | 60386 |
| that, to the greatest degree possible, prevents tampering with any | 60387 |
| of the information that is entered upon a placard when it is | 60388 |
| issued. | 60389 |
| (G) Whoever violates division (A) of this section is guilty | 60390 |
| of a misdemeanor of the fourth degree. Whoever violates division | 60391 |
| (B) of this section is guilty of a misdemeanor of the first | 60392 |
| degree. | 60393 |
| (H) As used in this section, "motorized bicycle dealer" means | 60394 |
| any person engaged in the business of selling at retail, | 60395 |
| displaying, offering for sale, or dealing in motorized bicycles | 60396 |
| who is not subject to section 4503.09 of the Revised Code. | 60397 |
| Sec. 4503.19. (A) Upon the filing of an application for | 60398 |
| registration and the payment of the tax for registration, the | 60399 |
| registrar of motor vehicles or a deputy registrar shall determine | 60400 |
| whether the owner previously has been issued license plates for | 60401 |
| the motor vehicle described in the application. If no license | 60402 |
| plates previously have been issued to the owner for that motor | 60403 |
| vehicle, the registrar or deputy registrar shall assign to the | 60404 |
| motor vehicle a distinctive number and issue and deliver to the | 60405 |
| owner in the manner that the registrar may select a certificate of | 60406 |
| registration, in the form that the registrar shall prescribe, and, | 60407 |
| except as otherwise provided in this section, two license plates, | 60408 |
| duplicates of each other, and a validation sticker, or a | 60409 |
| validation sticker alone, to be attached to the number plates as | 60410 |
| provided in section 4503.191 of the Revised Code. The registrar or | 60411 |
| deputy registrar also shall charge the owner any fees required | 60412 |
| under division (C) of section 4503.10 of the Revised Code. | 60413 |
| Trailers, manufactured homes, mobile homes, semitrailers, the | 60414 |
| manufacturer thereof, the dealer, or in transit companies therein, | 60415 |
| shall be issued one license plate only and one validation sticker, | 60416 |
| or a validation sticker alone, and the license plate and | 60417 |
| validation sticker shall be displayed only on the rear of such | 60418 |
| vehicles. A commercial tractor that does not receive an | 60419 |
| apportioned license plate under the international registration | 60420 |
| plan shall be issued two license plates and one validation | 60421 |
| sticker, and the validation sticker shall be displayed on the | 60422 |
| front of the commercial tractor. An apportioned vehicle receiving | 60423 |
| an apportioned license plate under the international registration | 60424 |
| plan shall be issued one license plate only and one validation | 60425 |
| sticker, or a validation sticker alone; the license plate shall be | 60426 |
| displayed only on the front of a semitractor and on the rear of | 60427 |
| all other vehicles. School buses shall not be issued license | 60428 |
| plates but shall bear identifying numbers in the manner prescribed | 60429 |
| by section 4511.764 of the Revised Code. The certificate of | 60430 |
| registration and license plates and validation stickers, or | 60431 |
| validation stickers alone, shall be issued and delivered to the | 60432 |
| owner in person or by mail. Chauffeured limousines shall be issued | 60433 |
| license plates, a validation sticker, and a livery sticker as | 60434 |
| provided in section 4503.24 of the Revised Code. In the event of | 60435 |
| the loss, mutilation, or destruction of any certificate of | 60436 |
| registration, or of any license plates or validation stickers, or | 60437 |
| if the owner chooses to replace license plates previously issued | 60438 |
| for a motor vehicle, or if the registration certificate and | 60439 |
| license plates have been impounded as provided by division (B)(1) | 60440 |
| of section 4507.02 and section 4507.16 of the Revised Code, the | 60441 |
| owner of a motor vehicle, or manufacturer or dealer, may obtain | 60442 |
| from the registrar, or from a deputy registrar if authorized by | 60443 |
| the registrar, a duplicate thereof or new license plates bearing a | 60444 |
| different number, if the registrar considers it advisable, upon | 60445 |
| filing an application prescribed by the registrar, and upon paying | 60446 |
| a fee of one dollar for such certificate of registration, which | 60447 |
| one dollar fee shall be deposited into the state treasury to the | 60448 |
| credit of the state bureau of motor vehicles fund created in | 60449 |
| section 4501.25 of the Revised Code. Commencing with each request | 60450 |
| made on or after October 1, 2009, or in conjunction with | 60451 |
| replacement license plates issued for renewal registrations | 60452 |
| expiring on or after October 1, 2009, a fee of seven dollars and | 60453 |
|
fifty cents for
each set of two
license
plates | 60454 |
| and fifty cents for each single license plate or validation | 60455 |
| sticker shall be charged and collected, of which the registrar | 60456 |
| shall deposit five dollars and fifty cents of each seven dollar | 60457 |
| and fifty cent fee or each six dollar and fifty cent fee into the | 60458 |
| state treasury to the credit of the state highway safety fund | 60459 |
| created in section 4501.06 of the Revised Code and the remaining | 60460 |
| portion of each such fee into the state treasury to the credit of | 60461 |
| the state bureau of motor vehicles fund created in section 4501.25 | 60462 |
| of the Revised Code. In addition, each applicant for a replacement | 60463 |
| certificate of registration, license plate, or validation sticker | 60464 |
| shall pay the fees provided in divisions (C) and (D) of section | 60465 |
| 4503.10 of the Revised Code. | 60466 |
| | 60467 |
| 60468 | |
| 60469 | |
| 60470 |
| Additionally, the registrar and each deputy registrar who | 60471 |
| either issues license plates and a validation sticker for use on | 60472 |
| any vehicle other than a commercial tractor, semitrailer, or | 60473 |
| apportioned vehicle, or who issues a validation sticker alone for | 60474 |
| use on such a vehicle and the owner has changed the owner's county | 60475 |
| of residence since the owner last was issued county identification | 60476 |
| stickers, also shall issue and deliver to the owner either one or | 60477 |
| two county identification stickers, as appropriate, which shall be | 60478 |
| attached to the license plates in a manner prescribed by the | 60479 |
| director of public safety. The county identification stickers | 60480 |
| shall identify prominently by name or number the county in which | 60481 |
| the owner of the vehicle resides at the time of registration. | 60482 |
| (B) Whoever violates this section is guilty of a minor | 60483 |
| misdemeanor. | 60484 |
| Sec. 4503.235. (A) If division (G) of section 4511.19 or | 60485 |
| division (B) of section 4511.193 of the Revised Code requires a | 60486 |
| court, as part of the sentence of an offender who is convicted of | 60487 |
| or pleads guilty to a violation of division (A) of section | 60488 |
| 4511.19 of the Revised Code or as a sanction for an offender who | 60489 |
| is convicted of or pleaded guilty to a violation of a municipal | 60490 |
| OVI ordinance, to order the immobilization of a vehicle for a | 60491 |
| specified period of time, notwithstanding the requirement, the | 60492 |
| court in its discretion may determine not to order the | 60493 |
| immobilization of the vehicle if both of the following apply: | 60494 |
| (1) Prior to the issuance of the order of immobilization, a | 60495 |
| family or household member of the offender files a motion with | 60496 |
| the court identifying the vehicle and requesting that the | 60497 |
| immobilization order not be issued on the ground that the family | 60498 |
| or household member is completely dependent on the vehicle for | 60499 |
| the necessities of life and that the immobilization of the | 60500 |
| vehicle would be an undue hardship to the family or household | 60501 |
| member. | 60502 |
| (2) The court determines that the family or household member | 60503 |
| who files the motion is completely dependent on the vehicle for | 60504 |
| the necessities of life and that the immobilization of the | 60505 |
| vehicle would be an undue hardship to the family or household | 60506 |
| member. | 60507 |
| (B) If a court pursuant to division (A) of this section | 60508 |
| determines not to order the immobilization of a vehicle that | 60509 |
| otherwise would be required pursuant to division (G) of section | 60510 |
| 4511.19 or division (B) of section 4511.193 of the Revised Code, | 60511 |
| the court shall issue an order that waives the immobilization that | 60512 |
| otherwise would be required pursuant to either of those divisions. | 60513 |
| The immobilization waiver order shall be in effect for the period | 60514 |
| of time for which the immobilization of the vehicle otherwise | 60515 |
| would have been required under division (G) of section 4511.19 or | 60516 |
| division (B) of section 4511.193 of the Revised Code if the | 60517 |
| immobilization waiver order had not been issued, subject to | 60518 |
| division (D) of this section. The immobilization waiver order | 60519 |
| shall specify the period of time for which it is in effect. The | 60520 |
| court shall provide a copy of an immobilization waiver order to | 60521 |
| the offender and to the family or household member of the | 60522 |
| offender who filed the motion requesting that the immobilization | 60523 |
| order not be issued and shall place a copy of the immobilization | 60524 |
| waiver order in the record in the case. The court shall impose an | 60525 |
| immobilization waiver fee in the amount of fifty dollars. The | 60526 |
| court shall determine whether the fee is to be paid by the | 60527 |
| offender or by the family or household member. The clerk of the | 60528 |
|
court shall | 60529 |
| month on or before the twenty-third day of the following month | 60530 |
| 60531 | |
| municipal indigent drivers alcohol treatment fund under the | 60532 |
| control of that court, as created by the county or municipal | 60533 |
| corporation under division (F) of section 4511.191 of the | 60534 |
| Revised Code. | 60535 |
| (C) If a court pursuant to division (B) of this section | 60536 |
| issues an immobilization waiver order, the order shall identify | 60537 |
| the family or household member who requested the order and the | 60538 |
| vehicle to which the order applies, shall identify the family or | 60539 |
| household members who are permitted to operate the vehicle, and | 60540 |
| shall identify the offender and specify that the offender is not | 60541 |
| permitted to operate the vehicle. The immobilization waiver order | 60542 |
| shall require that the family or household member display on the | 60543 |
| vehicle to which the order applies restricted license plates that | 60544 |
| are issued under section 4503.231 of the Revised Code for the | 60545 |
| entire period for which the immobilization of the vehicle | 60546 |
| otherwise would have been required under division (G) of section | 60547 |
| 4511.19 or division (B) of section 4511.193 of the Revised Code | 60548 |
| if the immobilization waiver order had not been issued. | 60549 |
| (D) A family or household member who is permitted to operate | 60550 |
| a vehicle under an immobilization waiver order issued under this | 60551 |
| section shall not permit the offender to operate the vehicle. If | 60552 |
| a family or household member who is permitted to operate a | 60553 |
| vehicle under an immobilization waiver order issued under this | 60554 |
| section permits the offender to operate the vehicle, both of the | 60555 |
| following apply: | 60556 |
| (1) The court that issued the immobilization waiver order | 60557 |
| shall terminate that order and shall issue an immobilization order | 60558 |
| in accordance with section 4503.233 of the Revised Code that | 60559 |
| applies to the vehicle, and the immobilization order shall be in | 60560 |
| effect for the remaining period of time for which the | 60561 |
| immobilization of the vehicle otherwise would have been required | 60562 |
| under division (G) of section 4511.19 or division (B) of section | 60563 |
| 4511.193 of the Revised Code if the immobilization waiver order | 60564 |
| had not been issued. | 60565 |
| (2) The conduct of the family or household member in | 60566 |
| permitting the offender to operate the vehicle is a violation of | 60567 |
| section 4511.203 of the Revised Code. | 60568 |
| (E) No offender shall operate a motor vehicle subject to an | 60569 |
| immobilization waiver order. Whoever violates this division is | 60570 |
| guilty of operating a motor vehicle in violation of an | 60571 |
| immobilization waiver, a misdemeanor of the first degree. | 60572 |
| (F) "Family or household member" has the same meaning as in | 60573 |
| section 2919.25 of the Revised Code, except that the person must | 60574 |
| be currently residing with the offender. | 60575 |
| Sec. 4503.40. | 60576 |
| expiration date before October 1, 2009, and for each initial | 60577 |
| application for registration received before that date the | 60578 |
| registrar of motor vehicles shall be allowed a fee not to exceed | 60579 |
| ten dollars, and for each registration renewal with an expiration | 60580 |
| date on or after October 1, 2009, and for each initial application | 60581 |
|
for registration received on or after that date the registrar | 60582 |
| 60583 | |
| each application received by the registrar for special state | 60584 |
| reserved license plate numbers and the issuing of such licenses, | 60585 |
| and validation stickers, in the several series as the registrar | 60586 |
| may designate. The fee shall be in addition to the license tax | 60587 |
| established by this chapter and, where applicable, Chapter 4504. | 60588 |
| of the Revised Code. Seven dollars and fifty cents of the fee | 60589 |
| shall be for the purpose of compensating the bureau of motor | 60590 |
| vehicles for additional services required in the issuing of such | 60591 |
|
licenses, and
the remaining | 60592 |
| portion of the fee shall be deposited by the registrar into the | 60593 |
| state treasury to the credit of the state highway safety fund | 60594 |
| created by section 4501.06 of the Revised Code. The types of | 60595 |
| motor vehicles for which special state reserved license plates | 60596 |
| may be issued in accordance with this section shall include at | 60597 |
| least motorcycles, buses, passenger cars, and noncommercial motor | 60598 |
| vehicles. | 60599 |
| Sec. 4503.42. | 60600 |
| expiration date before October 1, 2009, and for each initial | 60601 |
| application for registration received before that date the | 60602 |
| registrar of motor vehicles shall be allowed a fee not to exceed | 60603 |
| thirty-five dollars, and for each registration renewal with an | 60604 |
| expiration date on or after October 1, 2009, and for each initial | 60605 |
| application for registration received on or after that date the | 60606 |
|
registrar | 60607 |
| dollars, which shall be in addition to the regular license fee | 60608 |
| for tags as prescribed under section 4503.04 of the Revised Code | 60609 |
| and any tax levied under section 4504.02 or 4504.06 of the | 60610 |
| Revised Code, for each application received by the registrar for | 60611 |
| special reserved license plate numbers containing more than three | 60612 |
| letters or numerals, and the issuing of such licenses and | 60613 |
| validation stickers in the several series as the registrar may | 60614 |
| designate. Five dollars of the fee shall be for the purpose of | 60615 |
| compensating the bureau of motor vehicles for additional | 60616 |
| services required in the issuing of such licenses and validation | 60617 |
|
stickers, and
the remaining
| 60618 |
| shall be deposited by the registrar into the state treasury to | 60619 |
| the credit of the state highway safety fund created by section | 60620 |
| 4501.06 of the Revised Code. | 60621 |
| This section does not apply to the issuance of reserved | 60622 |
| license plates as authorized by sections 4503.14, 4503.15, and | 60623 |
| 4503.40 of the Revised Code. The types of motor vehicles for which | 60624 |
| license plate numbers containing more than three letters or | 60625 |
| numerals may be issued in accordance with this section shall | 60626 |
| include at least buses, passenger cars, and noncommercial motor | 60627 |
| vehicles. | 60628 |
| Sec. 4503.44. (A) As used in this section and in section | 60629 |
| 4511.69 of the Revised Code: | 60630 |
| (1) "Person with a disability that limits or impairs the | 60631 |
| ability to walk" means any person who, as determined by a health | 60632 |
| care provider, meets any of the following criteria: | 60633 |
| (a) Cannot walk two hundred feet without stopping to rest; | 60634 |
| (b) Cannot walk without the use of, or assistance from, a | 60635 |
| brace, cane, crutch, another person, prosthetic device, | 60636 |
| wheelchair, or other assistive device; | 60637 |
| (c) Is restricted by a lung disease to such an extent that | 60638 |
| the person's forced (respiratory) expiratory volume for one | 60639 |
| second, when measured by spirometry, is less than one liter, or | 60640 |
| the arterial oxygen tension is less than sixty millimeters of | 60641 |
| mercury on room air at rest; | 60642 |
| (d) Uses portable oxygen; | 60643 |
| (e) Has a cardiac condition to the extent that the person's | 60644 |
| functional limitations are classified in severity as class III or | 60645 |
| class IV according to standards set by the American heart | 60646 |
| association; | 60647 |
| (f) Is severely limited in the ability to walk due to an | 60648 |
| arthritic, neurological, or orthopedic condition; | 60649 |
| (g) Is blind. | 60650 |
| (2) "Organization" means any private organization or | 60651 |
| corporation, or any governmental board, agency, department, | 60652 |
| division, or office, that, as part of its business or program, | 60653 |
| transports persons with disabilities that limit or impair the | 60654 |
| ability to walk on a regular basis in a motor vehicle that has not | 60655 |
| been altered for the purpose of providing it with special | 60656 |
| equipment for use by handicapped persons. This definition does not | 60657 |
| apply to division (J) of this section. | 60658 |
| (3) "Health care provider" means a physician, physician | 60659 |
| assistant, advanced practice nurse, or chiropractor as defined in | 60660 |
| this section. | 60661 |
| (4) "Physician" means a person licensed to practice medicine | 60662 |
| or surgery or osteopathic medicine and surgery under Chapter 4731. | 60663 |
| of the Revised Code. | 60664 |
| (5) "Chiropractor" means a person licensed to practice | 60665 |
| chiropractic under Chapter 4734. of the Revised Code. | 60666 |
| (6) "Advanced practice nurse" means any certified nurse | 60667 |
| practitioner, clinical nurse specialist, certified registered | 60668 |
| nurse anesthetist, or certified nurse-midwife who holds a | 60669 |
| certificate of authority issued by the board of nursing under | 60670 |
| Chapter 4723. of the Revised Code. | 60671 |
| (7) "Physician assistant" means a person who holds a | 60672 |
| certificate to practice as a physician assistant issued under | 60673 |
| Chapter 4730. of the Revised Code. | 60674 |
| (B) Any organization or person with a disability that limits | 60675 |
| or impairs the ability to walk may apply to the registrar of motor | 60676 |
| vehicles for a removable windshield placard or, if the person owns | 60677 |
| or leases a motor vehicle, the person may apply for the | 60678 |
| registration of any motor vehicle the person owns or leases. In | 60679 |
| addition to one or more sets of license plates or one placard, a | 60680 |
| person with a disability that limits or impairs the ability to | 60681 |
| walk is entitled to one additional placard, but only if the person | 60682 |
| applies separately for the additional placard, states the reasons | 60683 |
| why the additional placard is needed, and the registrar, in the | 60684 |
| registrar's discretion, determines that good and justifiable cause | 60685 |
| exists to approve the request for the additional placard. When a | 60686 |
| motor vehicle has been altered for the purpose of providing it | 60687 |
| with special equipment for a person with a disability that limits | 60688 |
| or impairs the ability to walk, but is owned or leased by someone | 60689 |
| other than such a person, the owner or lessee may apply to the | 60690 |
| registrar or a deputy registrar for registration under this | 60691 |
| section. The application for registration of a motor vehicle owned | 60692 |
| or leased by a person with a disability that limits or impairs the | 60693 |
| ability to walk shall be accompanied by a signed statement from | 60694 |
| the applicant's health care provider certifying that the | 60695 |
| applicant meets at least one of the criteria contained in | 60696 |
| division (A)(1) of this section and that the disability is | 60697 |
| expected to continue for more than six consecutive months. The | 60698 |
| application for a removable windshield placard made by a person | 60699 |
| with a disability that limits or impairs the ability to walk | 60700 |
| shall be accompanied by a prescription from the applicant's | 60701 |
| health care provider prescribing such a placard for the | 60702 |
| applicant, provided that the applicant meets at least one of the | 60703 |
| criteria contained in division (A)(1) of this section. The | 60704 |
| health care provider shall state on the prescription the length | 60705 |
| of time the health care provider expects the applicant to have | 60706 |
| the disability that limits or impairs the applicant's ability to | 60707 |
| walk. The application for a removable windshield placard made by | 60708 |
| an organization shall be accompanied by such documentary evidence | 60709 |
| of regular transport of persons with disabilities that limit or | 60710 |
| impair the ability to walk by the organization as the registrar | 60711 |
| may require by rule and shall be completed in accordance with | 60712 |
| procedures that the registrar may require by rule. The application | 60713 |
| for registration of a motor vehicle that has been altered for the | 60714 |
| purpose of providing it with special equipment for a person with a | 60715 |
| disability that limits or impairs the ability to walk but is owned | 60716 |
| by someone other than such a person shall be accompanied by such | 60717 |
| documentary evidence of vehicle alterations as the registrar may | 60718 |
| require by rule. | 60719 |
| (C) When an organization, a person with a disability that | 60720 |
| limits or impairs the ability to walk, or a person who does not | 60721 |
| have a disability that limits or impairs the ability to walk but | 60722 |
| owns a motor vehicle that has been altered for the purpose of | 60723 |
| providing it with special equipment for a person with a disability | 60724 |
| that limits or impairs the ability to walk first submits an | 60725 |
| application for registration of a motor vehicle under this section | 60726 |
| and every fifth year thereafter, the organization or person shall | 60727 |
| submit a signed statement from the applicant's health care | 60728 |
| provider, a completed application, and any required documentary | 60729 |
| evidence of vehicle alterations as provided in division (B) of | 60730 |
| this section, and also a power of attorney from the owner of the | 60731 |
| motor vehicle if the applicant leases the vehicle. Upon | 60732 |
| submission of these items, the registrar or deputy registrar shall | 60733 |
| issue to the applicant appropriate vehicle registration and a set | 60734 |
| of license plates and validation stickers, or validation | 60735 |
| stickers alone when required by section 4503.191 of the Revised | 60736 |
| Code. In addition to the letters and numbers ordinarily | 60737 |
| inscribed thereon, the license plates shall be imprinted with | 60738 |
| the international symbol of access. The license plates and | 60739 |
| validation stickers shall be issued upon payment of the regular | 60740 |
| license fee as prescribed under section 4503.04 of the Revised | 60741 |
| Code and any motor vehicle tax levied under Chapter 4504. of the | 60742 |
| Revised Code, and the payment of a service fee equal to the | 60743 |
| amount specified in division (D) or (G) of section 4503.10 of | 60744 |
| the Revised Code. | 60745 |
| (D)(1) Upon receipt of a completed and signed application for | 60746 |
| a removable windshield placard, a prescription as described in | 60747 |
| division (B) of this section, documentary evidence of regular | 60748 |
| transport of persons with disabilities that limit or impair the | 60749 |
| ability to walk, if required, and payment of a service fee equal | 60750 |
| to the amount specified in division (D) or (G) of section 4503.10 | 60751 |
| of the Revised Code, the registrar or deputy registrar shall issue | 60752 |
| to the applicant a removable windshield placard, which shall bear | 60753 |
| the date of expiration on both sides of the placard and shall be | 60754 |
| valid until expired, revoked, or surrendered. Every removable | 60755 |
| windshield placard expires as described in division (D)(2) of this | 60756 |
| section, but in no case shall a removable windshield placard be | 60757 |
| valid for a period of less than sixty days. Removable windshield | 60758 |
| placards shall be renewable upon application as provided in | 60759 |
| division (B) of this section, and a service fee equal to the | 60760 |
| amount specified in division (D) or (G) of section 4503.10 of the | 60761 |
| Revised Code shall be charged for the renewal of a removable | 60762 |
| windshield placard. The registrar shall provide the application | 60763 |
| form and shall determine the information to be included thereon. | 60764 |
| The registrar also shall determine the form and size of the | 60765 |
| removable windshield placard, the material of which it is to be | 60766 |
| made, and any other information to be included thereon, and shall | 60767 |
| adopt rules relating to the issuance, expiration, revocation, | 60768 |
| surrender, and proper display of such placards. Any placard | 60769 |
| issued after October 14, 1999, shall be manufactured in a manner | 60770 |
| that allows the expiration date of the placard to be indicated on | 60771 |
| it through the punching, drilling, boring, or creation by any | 60772 |
| other means of holes in the placard. | 60773 |
| (2) At the time a removable windshield placard is issued to a | 60774 |
| person with a disability that limits or impairs the ability to | 60775 |
| walk, the registrar or deputy registrar shall enter into the | 60776 |
| records of the bureau of motor vehicles the last date on which the | 60777 |
| person will have that disability, as indicated on the accompanying | 60778 |
| prescription. Not less than thirty days prior to that date and all | 60779 |
| removable windshield placard renewal dates, the bureau shall send | 60780 |
| a renewal notice to that person at the person's last known address | 60781 |
| as shown in the records of the bureau, informing the person that | 60782 |
| the person's removable windshield placard will expire on the | 60783 |
| indicated date not to exceed five years from the date of issuance, | 60784 |
| and that the person is required to renew the placard by submitting | 60785 |
| to the registrar or a deputy registrar another prescription, as | 60786 |
| described in division (B) of this section, and by complying with | 60787 |
| the renewal provisions prescribed in division (D)(1) of this | 60788 |
| section. If such a prescription is not received by the registrar | 60789 |
| or a deputy registrar by that date, the placard issued to that | 60790 |
| person expires and no longer is valid, and this fact shall be | 60791 |
| recorded in the records of the bureau. | 60792 |
| (3) At least once every year, on a date determined by the | 60793 |
| registrar, the bureau shall examine the records of the office of | 60794 |
| vital statistics, located within the department of health, that | 60795 |
| pertain to deceased persons, and also the bureau's records of all | 60796 |
| persons who have been issued removable windshield placards and | 60797 |
| temporary removable windshield placards. If the records of the | 60798 |
| office of vital statistics indicate that a person to whom a | 60799 |
| removable windshield placard or temporary removable windshield | 60800 |
| placard has been issued is deceased, the bureau shall cancel that | 60801 |
| placard, and note the cancellation in its records. | 60802 |
| The office of vital statistics shall make available to the | 60803 |
| bureau all information necessary to enable the bureau to comply | 60804 |
| with division (D)(3) of this section. | 60805 |
| (4) Nothing in this section shall be construed to require a | 60806 |
| person or organization to apply for a removable windshield placard | 60807 |
| or special license plates if the parking card or special license | 60808 |
| plates issued to the person or organization under prior law have | 60809 |
| not expired or been surrendered or revoked. | 60810 |
| (E)(1)(a) Any person with a disability that limits or impairs | 60811 |
| the ability to walk may apply to the registrar or a deputy | 60812 |
| registrar for a temporary removable windshield placard. The | 60813 |
| application for a temporary removable windshield placard shall be | 60814 |
| accompanied by a prescription from the applicant's health care | 60815 |
| provider prescribing such a placard for the applicant, provided | 60816 |
| that the applicant meets at least one of the criteria contained in | 60817 |
| division (A)(1) of this section and that the disability is | 60818 |
| expected to continue for six consecutive months or less. The | 60819 |
| health care provider shall state on the prescription the length | 60820 |
| of time the health care provider expects the applicant to have | 60821 |
| the disability that limits or impairs the applicant's ability to | 60822 |
| walk, which cannot exceed six months from the date of the | 60823 |
| prescription. Upon receipt of an application for a temporary | 60824 |
| removable windshield placard, presentation of the prescription | 60825 |
| from the applicant's health care provider, and payment of a | 60826 |
| service fee equal to the amount specified in division (D) or (G) | 60827 |
| of section 4503.10 of the Revised Code, the registrar or deputy | 60828 |
| registrar shall issue to the applicant a temporary removable | 60829 |
| windshield placard. | 60830 |
| (b) Any active-duty member of the armed forces of the United | 60831 |
| States, including the reserve components of the armed forces and | 60832 |
| the national guard, who has an illness or injury that limits or | 60833 |
| impairs the ability to walk may apply to the registrar or a deputy | 60834 |
| registrar for a temporary removable windshield placard. With the | 60835 |
| application, the person shall present evidence of the person's | 60836 |
| active-duty status and the illness or injury. Evidence of the | 60837 |
| illness or injury may include a current department of defense | 60838 |
| convalescent leave statement, any department of defense document | 60839 |
| indicating that the person currently has an ill or injured | 60840 |
| casualty status or has limited duties, or a prescription from any | 60841 |
| health care provider prescribing the placard for the applicant. | 60842 |
| Upon receipt of the application and the necessary evidence, the | 60843 |
| registrar or deputy registrar shall issue the applicant the | 60844 |
| temporary removable windshield placard without the payment of any | 60845 |
| service fee. | 60846 |
| (2) The temporary removable windshield placard shall be of | 60847 |
| the same size and form as the removable windshield placard, shall | 60848 |
| be printed in white on a red-colored background, and shall bear | 60849 |
| the word "temporary" in letters of such size as the registrar | 60850 |
| shall prescribe. A temporary removable windshield placard also | 60851 |
| shall bear the date of expiration on the front and back of the | 60852 |
| placard, and shall be valid until expired, surrendered, or | 60853 |
| revoked, but in no case shall such a placard be valid for a period | 60854 |
| of less than sixty days. The registrar shall provide the | 60855 |
| application form and shall determine the information to be | 60856 |
| included on it, provided that the registrar shall not require a | 60857 |
| health care provider's prescription or certification for a person | 60858 |
| applying under division (E)(1)(b) of this section. The registrar | 60859 |
| also shall determine the material of which the temporary | 60860 |
| removable windshield placard is to be made and any other | 60861 |
| information to be included on the placard and shall adopt rules | 60862 |
| relating to the issuance, expiration, surrender, revocation, and | 60863 |
| proper display of those placards. Any temporary removable | 60864 |
| windshield placard issued after October 14, 1999, shall be | 60865 |
| manufactured in a manner that allows for the expiration date of | 60866 |
| the placard to be indicated on it through the punching, drilling, | 60867 |
| boring, or creation by any other means of holes in the placard. | 60868 |
| (F) If an applicant for a removable windshield placard is a | 60869 |
| veteran of the armed forces of the United States whose disability, | 60870 |
| as defined in division (A)(1) of this section, is | 60871 |
| service-connected, the registrar or deputy registrar, upon receipt | 60872 |
| of the application, presentation of a signed statement from the | 60873 |
| applicant's health care provider certifying the applicant's | 60874 |
| disability, and presentation of such documentary evidence from the | 60875 |
| department of veterans affairs that the disability of the | 60876 |
| applicant meets at least one of the criteria identified in | 60877 |
| division (A)(1) of this section and is service-connected as the | 60878 |
| registrar may require by rule, but without the payment of any | 60879 |
| service fee, shall issue the applicant a removable windshield | 60880 |
| placard that is valid until expired, surrendered, or revoked. | 60881 |
| (G) Upon a conviction of a violation of division (I), (J), or | 60882 |
| (K) of this section, the court shall report the conviction, and | 60883 |
| send the placard or parking card, if available, to the registrar, | 60884 |
| who thereupon shall revoke the privilege of using the placard or | 60885 |
| parking card and send notice in writing to the placardholder or | 60886 |
| cardholder at that holder's last known address as shown in the | 60887 |
| records of the bureau, and the placardholder or cardholder shall | 60888 |
| return the placard or card if not previously surrendered to the | 60889 |
| court, to the registrar within ten days following mailing of the | 60890 |
| notice. | 60891 |
| Whenever a person to whom a removable windshield placard or | 60892 |
| parking card has been issued moves to another state, the person | 60893 |
| shall surrender the placard or card to the registrar; and whenever | 60894 |
| an organization to which a placard or card has been issued changes | 60895 |
| its place of operation to another state, the organization shall | 60896 |
| surrender the placard or card to the registrar. | 60897 |
| (H) Subject to division (F) of section 4511.69 of the Revised | 60898 |
| Code, the operator of a motor vehicle displaying a removable | 60899 |
| windshield placard, temporary removable windshield placard, | 60900 |
| parking card, or the special license plates authorized by this | 60901 |
| section is entitled to park the motor vehicle in any special | 60902 |
| parking location reserved for persons with disabilities that limit | 60903 |
| or impair the ability to walk, also known as handicapped parking | 60904 |
| spaces or disability parking spaces. | 60905 |
| (I) No person or organization that is not eligible under | 60906 |
| division (B) or (E) of this section shall willfully and falsely | 60907 |
| represent that the person or organization is so eligible. | 60908 |
| No person or organization shall display license plates issued | 60909 |
| under this section unless the license plates have been issued for | 60910 |
| the vehicle on which they are displayed and are valid. | 60911 |
| (J) No person or organization to which a removable windshield | 60912 |
| placard or temporary removable windshield placard is issued shall | 60913 |
| do either of the following: | 60914 |
| (1) Display or permit the display of the placard on any motor | 60915 |
| vehicle when having reasonable cause to believe the motor vehicle | 60916 |
| is being used in connection with an activity that does not include | 60917 |
| providing transportation for persons with disabilities that limit | 60918 |
| or impair the ability to walk; | 60919 |
| (2) Refuse to return or surrender the placard, when required. | 60920 |
| (K)(1) No person or organization to which a parking card is | 60921 |
| issued shall do either of the following: | 60922 |
| (a) Display or permit the display of the parking card on any | 60923 |
| motor vehicle when having reasonable cause to believe the motor | 60924 |
| vehicle is being used in connection with an activity that does not | 60925 |
| include providing transportation for a handicapped person; | 60926 |
| (b) Refuse to return or surrender the parking card, when | 60927 |
| required. | 60928 |
| (2) As used in division (K) of this section: | 60929 |
| (a) "Handicapped person" means any person who has lost the | 60930 |
| use of one or both legs or one or both arms, who is blind, deaf, | 60931 |
| or so severely handicapped as to be unable to move about without | 60932 |
| the aid of crutches or a wheelchair, or whose mobility is | 60933 |
| restricted by a permanent cardiovascular, pulmonary, or other | 60934 |
| handicapping condition. | 60935 |
| (b) "Organization" means any private organization or | 60936 |
| corporation, or any governmental board, agency, department, | 60937 |
| division, or office, that, as part of its business or program, | 60938 |
| transports handicapped persons on a regular basis in a motor | 60939 |
| vehicle that has not been altered for the purposes of providing it | 60940 |
| with special equipment for use by handicapped persons. | 60941 |
| (L) If a removable windshield placard, temporary removable | 60942 |
| windshield placard, or parking card is lost, destroyed, or | 60943 |
| mutilated, the placardholder or cardholder may obtain a duplicate | 60944 |
| by doing both of the following: | 60945 |
| (1) Furnishing suitable proof of the loss, destruction, or | 60946 |
| mutilation to the registrar; | 60947 |
| (2) Paying a service fee equal to the amount specified in | 60948 |
| division (D) or (G) of section 4503.10 of the Revised Code. | 60949 |
| Any placardholder or cardholder who loses a placard or card | 60950 |
| and, after obtaining a duplicate, finds the original, immediately | 60951 |
| shall surrender the original placard or card to the registrar. | 60952 |
| (M) The registrar shall pay all fees received under this | 60953 |
| section for the issuance of removable windshield placards or | 60954 |
| temporary removable windshield placards or duplicate removable | 60955 |
| windshield placards or cards into the state treasury to the credit | 60956 |
| of the state bureau of motor vehicles fund created in section | 60957 |
| 4501.25 of the Revised Code. | 60958 |
| (N) In addition to the fees collected under this section, the | 60959 |
| registrar or deputy registrar shall ask each person applying for a | 60960 |
| removable windshield placard or temporary removable windshield | 60961 |
| placard or duplicate removable windshield placard or license plate | 60962 |
| issued under this section, whether the person wishes to make a | 60963 |
| two-dollar voluntary contribution to support rehabilitation | 60964 |
| employment services. The registrar shall transmit the | 60965 |
| contributions received under this division to the treasurer of | 60966 |
| state for deposit into the rehabilitation employment fund, which | 60967 |
| is hereby created in the state treasury. A deputy registrar shall | 60968 |
| transmit the contributions received under this division to the | 60969 |
| registrar in the time and manner prescribed by the registrar. The | 60970 |
| contributions in the fund shall be used by the rehabilitation | 60971 |
| services commission to purchase services related to vocational | 60972 |
| evaluation, work adjustment, personal adjustment, job placement, | 60973 |
| job coaching, and community-based assessment from accredited | 60974 |
| community rehabilitation program facilities. | 60975 |
| (O) For purposes of enforcing this section, every peace | 60976 |
| officer is deemed to be an agent of the registrar. Any peace | 60977 |
| officer or any authorized employee of the bureau of motor vehicles | 60978 |
| who, in the performance of duties authorized by law, becomes aware | 60979 |
| of a person whose placard or parking card has been revoked | 60980 |
| pursuant to this section, may confiscate that placard or parking | 60981 |
| card and return it to the registrar. The registrar shall prescribe | 60982 |
| any forms used by law enforcement agencies in administering this | 60983 |
| section. | 60984 |
| No peace officer, law enforcement agency employing a peace | 60985 |
| officer, or political subdivision or governmental agency employing | 60986 |
| a peace officer, and no employee of the bureau is liable in a | 60987 |
| civil action for damages or loss to persons arising out of the | 60988 |
| performance of any duty required or authorized by this section. As | 60989 |
| used in this division, "peace officer" has the same meaning as in | 60990 |
| division (B) of section 2935.01 of the Revised Code. | 60991 |
| | 60992 |
| removable windshield placards, and temporary removable windshield | 60993 |
| placards issued under this section, all renewal notices for such | 60994 |
| items, and all other publications issued by the bureau that relate | 60995 |
| to this section shall set forth the criminal penalties that may be | 60996 |
| imposed upon a person who violates any provision relating to | 60997 |
| special license plates issued under this section, the parking of | 60998 |
| vehicles displaying such license plates, and the issuance, | 60999 |
| procurement, use, and display of removable windshield placards and | 61000 |
| temporary removable windshield placards issued under this section. | 61001 |
| | 61002 |
| misdemeanor of the fourth degree. | 61003 |
| Sec. 4503.548. (A) Any person who has been awarded the | 61004 |
| combat infantryman badge may apply to the registrar of motor | 61005 |
| vehicles for the registration of any passenger car, noncommercial | 61006 |
| motor vehicle, recreational vehicle, or other vehicle of a class | 61007 |
| approved by the registrar that the person owns or leases. The | 61008 |
| application shall be accompanied by such documentary evidence in | 61009 |
| support of the award as the registrar may require. The application | 61010 |
| may be combined with a request for a special reserved license | 61011 |
| plate under section 4503.40 or 4503.42 of the Revised Code. | 61012 |
| Upon receipt of an application for registration of a motor | 61013 |
| vehicle under this section and the required taxes and fees, and | 61014 |
| upon presentation of the required supporting evidence of the award | 61015 |
| of the combat infantryman badge, the registrar shall issue to the | 61016 |
| applicant the appropriate motor vehicle registration and a set of | 61017 |
| license plates and a validation sticker, or a validation sticker | 61018 |
| alone when required by section 4503.191 of the Revised Code. | 61019 |
| In addition to the letters and numbers ordinarily inscribed | 61020 |
| on license plates, the license plates shall be inscribed with the | 61021 |
| words "combat infantryman badge" and bear a reproduction of the | 61022 |
| combat infantryman badge. The license plates shall bear county | 61023 |
| identification stickers that identify the county of registration | 61024 |
| by name or number. | 61025 |
| The license plates and a validation sticker or, when | 61026 |
| applicable, a validation sticker alone shall be issued upon | 61027 |
| payment of the regular license tax required by section 4503.04 of | 61028 |
| the Revised Code, payment of any local motor vehicle license tax | 61029 |
| levied under Chapter 4504. of the Revised Code, payment of any | 61030 |
| applicable additional fee prescribed by section 4503.40 or 4503.42 | 61031 |
| of the Revised Code, and compliance with all other applicable laws | 61032 |
| relating to the registration of motor vehicles. | 61033 |
| (B) No person who is not a recipient of the combat | 61034 |
| infantryman badge shall willfully and falsely represent that the | 61035 |
| person is a recipient of the combat infantryman badge for the | 61036 |
| purpose of obtaining license plates under this section. No person | 61037 |
| shall own a motor vehicle bearing license plates issued under this | 61038 |
| section unless the person is eligible to be issued those license | 61039 |
| plates. | 61040 |
| (C) Sections 4503.77 and 4503.78 of the Revised Code do not | 61041 |
| apply to license plates issued under this section. | 61042 |
| Sec. 4503.563. (A) The owner or lessee of any passenger | 61043 |
| car, noncommercial motor vehicle, recreational vehicle, or other | 61044 |
| vehicle of a class approved by the registrar of motor vehicles may | 61045 |
| apply to the registrar for the registration of the vehicle and | 61046 |
| issuance of Ohio nature preserves license plates. The application | 61047 |
| for Ohio nature preserves license plates may be combined with a | 61048 |
| request for a special reserved license plate under section 4503.40 | 61049 |
| or 4503.42 of the Revised Code. Upon receipt of the completed | 61050 |
| application and compliance with division (B) of this section, the | 61051 |
| registrar shall issue to the applicant the appropriate vehicle | 61052 |
| registration and a set of Ohio nature preserves license plates | 61053 |
| with a validation sticker or a validation sticker alone when | 61054 |
| required by section 4503.191 of the Revised Code. | 61055 |
| In addition to the letters and numbers ordinarily inscribed | 61056 |
| thereon, Ohio nature preserves license plates shall be inscribed | 61057 |
| with identifying words or markings designed by the department of | 61058 |
| natural resources and approved by the registrar. Ohio nature | 61059 |
| preserves license plates shall bear county identification stickers | 61060 |
| that identify the county of registration by name or number. | 61061 |
| (B) The Ohio nature preserves license plates and validation | 61062 |
| sticker shall be issued upon receipt of a contribution as provided | 61063 |
| in division (C) of this section and upon payment of the regular | 61064 |
| license fees as prescribed under section 4503.04 of the Revised | 61065 |
| Code, a bureau of motor vehicles administrative fee of ten | 61066 |
| dollars, any applicable motor vehicle tax levied under Chapter | 61067 |
| 4504. of the Revised Code, and compliance with all other | 61068 |
| applicable laws relating to the registration of motor vehicles. If | 61069 |
| the application for Ohio nature preserves license plates is | 61070 |
| combined with a request for a special reserved license plate under | 61071 |
| section 4503.40 or 4503.42 of the Revised Code, the license plates | 61072 |
| and validation sticker shall be issued upon payment of the | 61073 |
| contribution, fees, and taxes contained in this division and the | 61074 |
| additional fee prescribed under section 4503.40 or 4503.42 of the | 61075 |
| Revised Code. | 61076 |
| (C) For each application for registration and registration | 61077 |
| renewal submitted under this section, the registrar shall collect | 61078 |
| a contribution in an amount not to exceed forty dollars as | 61079 |
| determined by the department. The registrar shall transmit this | 61080 |
| contribution to the treasurer of state for deposit in the Ohio | 61081 |
| nature preserves fund created in section 4501.243 of the Revised | 61082 |
| Code. | 61083 |
| The registrar shall deposit the ten-dollar bureau | 61084 |
| administrative fee, the purpose of which is to compensate the | 61085 |
| bureau for additional services required in issuing Ohio nature | 61086 |
| preserves license plates, in the state bureau of motor vehicles | 61087 |
| fund created in section 4501.25 of the Revised Code. | 61088 |
| Sec. 4505.01. (A) As used in this chapter: | 61089 |
| (1) "Lien" includes, unless the context requires a different | 61090 |
| meaning, a security interest in a motor vehicle. | 61091 |
| (2) "Motor vehicle" includes manufactured homes, mobile | 61092 |
| homes, recreational vehicles, and trailers and semitrailers whose | 61093 |
| weight exceeds four thousand pounds. | 61094 |
| (3) "Manufactured home" has the same meaning as section | 61095 |
| 3781.06 of the Revised Code. | 61096 |
| (4) "Mobile home" has the same meaning as in section 4501.01 | 61097 |
| of the Revised Code. | 61098 |
| (5) "Manufactured housing dealer," "manufactured housing | 61099 |
| broker," and "manufactured housing salesperson" have the same | 61100 |
| meanings as in section 4781.01 of the Revised Code. | 61101 |
| (6) "Motor vehicle dealer" includes manufactured housing | 61102 |
| dealers. | 61103 |
| (7) "Motor vehicle salesperson" includes manufactured housing | 61104 |
| salespersons. | 61105 |
| (B) The various certificates, applications, and assignments | 61106 |
| necessary to provide certificates of title for manufactured homes, | 61107 |
| mobile homes, recreational vehicles, and trailers and semitrailers | 61108 |
| whose weight exceeds four thousand pounds, shall be made upon | 61109 |
| forms prescribed by the registrar of motor vehicles. | 61110 |
| Sec. 4505.06. (A)(1) Application for a certificate of title | 61111 |
| shall be made in a form prescribed by the registrar of motor | 61112 |
| vehicles and shall be sworn to before a notary public or other | 61113 |
| officer empowered to administer oaths. The application shall be | 61114 |
| filed with the clerk of any court of common pleas. An application | 61115 |
| for a certificate of title may be filed electronically by any | 61116 |
| electronic means approved by the registrar in any county with the | 61117 |
| clerk of the court of common pleas of that county. Any payments | 61118 |
| required by this chapter shall be considered as accompanying any | 61119 |
| electronically transmitted application when payment actually is | 61120 |
| received by the clerk. Payment of any fee or taxes may be made by | 61121 |
| electronic transfer of funds. | 61122 |
| (2) The application for a certificate of title shall be | 61123 |
| accompanied by the fee prescribed in section 4505.09 of the | 61124 |
| Revised Code. The fee shall be retained by the clerk who issues | 61125 |
| the certificate of title and shall be distributed in accordance | 61126 |
| with that section. If a clerk of a court of common pleas, other | 61127 |
| than the clerk of the court of common pleas of an applicant's | 61128 |
| county of residence, issues a certificate of title to the | 61129 |
| applicant, the clerk shall transmit data related to the | 61130 |
| transaction to the automated title processing system. | 61131 |
| (3) If a certificate of title previously has been issued for | 61132 |
| a motor vehicle in this state, the application for a certificate | 61133 |
| of title also shall be accompanied by that certificate of title | 61134 |
| duly assigned, unless otherwise provided in this chapter. If a | 61135 |
| certificate of title previously has not been issued for the motor | 61136 |
| vehicle in this state, the application, unless otherwise provided | 61137 |
| in this chapter, shall be accompanied by a manufacturer's or | 61138 |
| importer's certificate or by a certificate of title of another | 61139 |
| state from which the motor vehicle was brought into this state. If | 61140 |
| the application refers to a motor vehicle last previously | 61141 |
| registered in another state, the application also shall be | 61142 |
| accompanied by the physical inspection certificate required by | 61143 |
| section 4505.061 of the Revised Code. If the application is made | 61144 |
| by two persons regarding a motor vehicle in which they wish to | 61145 |
| establish joint ownership with right of survivorship, they may do | 61146 |
| so as provided in section 2131.12 of the Revised Code. If the | 61147 |
| applicant requests a designation of the motor vehicle in | 61148 |
| beneficiary form so that upon the death of the owner of the motor | 61149 |
| vehicle, ownership of the motor vehicle will pass to a designated | 61150 |
| transfer-on-death beneficiary or beneficiaries, the applicant may | 61151 |
| do so as provided in section 2131.13 of the Revised Code. A person | 61152 |
| who establishes ownership of a motor vehicle that is transferable | 61153 |
| on death in accordance with section 2131.13 of the Revised Code | 61154 |
| may terminate that type of ownership or change the designation of | 61155 |
| the transfer-on-death beneficiary or beneficiaries by applying for | 61156 |
| a certificate of title pursuant to this section. The clerk shall | 61157 |
| retain the evidence of title presented by the applicant and on | 61158 |
| which the certificate of title is issued, except that, if an | 61159 |
| application for a certificate of title is filed electronically by | 61160 |
| an electronic motor vehicle dealer on behalf of the purchaser of a | 61161 |
| motor vehicle, the clerk shall retain the completed electronic | 61162 |
| record to which the dealer converted the certificate of title | 61163 |
| application and other required documents. The registrar, after | 61164 |
| consultation with the attorney general, shall adopt rules that | 61165 |
| govern the location at which, and the manner in which, are stored | 61166 |
| the actual application and all other documents relating to the | 61167 |
| sale of a motor vehicle when an electronic motor vehicle dealer | 61168 |
| files the application for a certificate of title electronically on | 61169 |
| behalf of the purchaser. | 61170 |
| The clerk shall use reasonable diligence in ascertaining | 61171 |
| whether or not the facts in the application for a certificate of | 61172 |
| title are true by checking the application and documents | 61173 |
| accompanying it or the electronic record to which a dealer | 61174 |
| converted the application and accompanying documents with the | 61175 |
| records of motor vehicles in the clerk's office. If the clerk is | 61176 |
| satisfied that the applicant is the owner of the motor vehicle and | 61177 |
| that the application is in the proper form, the clerk, within five | 61178 |
| business days after the application is filed and except as | 61179 |
| provided in section 4505.021 of the Revised Code, shall issue a | 61180 |
| physical certificate of title over the clerk's signature and | 61181 |
| sealed with the clerk's seal, unless the applicant specifically | 61182 |
| requests the clerk not to issue a physical certificate of title | 61183 |
| and instead to issue an electronic certificate of title. For | 61184 |
| purposes of the transfer of a certificate of title, if the clerk | 61185 |
| is satisfied that the secured party has duly discharged a lien | 61186 |
| notation but has not canceled the lien notation with a clerk, the | 61187 |
| clerk may cancel the lien notation on the automated title | 61188 |
| processing system and notify the clerk of the county of origin. | 61189 |
| (4) In the case of the sale of a motor vehicle to a general | 61190 |
| buyer or user by a dealer, by a motor vehicle leasing dealer | 61191 |
| selling the motor vehicle to the lessee or, in a case in which the | 61192 |
| leasing dealer subleased the motor vehicle, the sublessee, at the | 61193 |
| end of the lease agreement or sublease agreement, or by a | 61194 |
|
manufactured
| 61195 |
| be obtained in the name of the buyer by the dealer, leasing | 61196 |
|
dealer,
or
manufactured | 61197 |
| upon application signed by the buyer. The certificate of title | 61198 |
| shall be issued, or the process of entering the certificate of | 61199 |
| title application information into the automated title processing | 61200 |
| system if a physical certificate of title is not to be issued | 61201 |
| shall be completed, within five business days after the | 61202 |
| application for title is filed with the clerk. If the buyer of the | 61203 |
| motor vehicle previously leased the motor vehicle and is buying | 61204 |
| the motor vehicle at the end of the lease pursuant to that lease, | 61205 |
| the certificate of title shall be obtained in the name of the | 61206 |
| buyer by the motor vehicle leasing dealer who previously leased | 61207 |
| the motor vehicle to the buyer or by the motor vehicle leasing | 61208 |
| dealer who subleased the motor vehicle to the buyer under a | 61209 |
| sublease agreement. | 61210 |
| In all other cases, except as provided in section 4505.032 | 61211 |
| and division (D)(2) of section 4505.11 of the Revised Code, such | 61212 |
| certificates shall be obtained by the buyer. | 61213 |
| (5)(a)(i) If the certificate of title is being obtained in | 61214 |
| the name of the buyer by a motor vehicle dealer or motor vehicle | 61215 |
| leasing dealer and there is a security interest to be noted on the | 61216 |
| certificate of title, the dealer or leasing dealer shall submit | 61217 |
| the application for the certificate of title and payment of the | 61218 |
| applicable tax to a clerk within seven business days after the | 61219 |
| later of the delivery of the motor vehicle to the buyer or the | 61220 |
| date the dealer or leasing dealer obtains the manufacturer's or | 61221 |
| importer's certificate, or certificate of title issued in the name | 61222 |
| of the dealer or leasing dealer, for the motor vehicle. Submission | 61223 |
| of the application for the certificate of title and payment of the | 61224 |
| applicable tax within the required seven business days may be | 61225 |
| indicated by postmark or receipt by a clerk within that period. | 61226 |
| (ii) Upon receipt of the certificate of title with the | 61227 |
| security interest noted on its face, the dealer or leasing dealer | 61228 |
| shall forward the certificate of title to the secured party at the | 61229 |
| location noted in the financing documents or otherwise specified | 61230 |
| by the secured party. | 61231 |
| (iii) A motor vehicle dealer or motor vehicle leasing dealer | 61232 |
| is liable to a secured party for a late fee of ten dollars per day | 61233 |
| for each certificate of title application and payment of the | 61234 |
| applicable tax that is submitted to a clerk more than seven | 61235 |
| business days but less than twenty-one days after the later of the | 61236 |
| delivery of the motor vehicle to the buyer or the date the dealer | 61237 |
| or leasing dealer obtains the manufacturer's or importer's | 61238 |
| certificate, or certificate of title issued in the name of the | 61239 |
| dealer or leasing dealer, for the motor vehicle and, from then on, | 61240 |
| twenty-five dollars per day until the application and applicable | 61241 |
| tax are submitted to a clerk. | 61242 |
| (b) In all cases of transfer of a motor vehicle except the | 61243 |
| transfer of a manufactured home or mobile home, the application | 61244 |
| for certificate of title shall be filed within thirty days after | 61245 |
|
the assignment
or
delivery of the
motor
vehicle. | 61246 |
| (c) An application for a certificate of title for a new | 61247 |
| manufactured home shall be filed within thirty days after the | 61248 |
| delivery of the new manufactured home to the purchaser. The date | 61249 |
| of the delivery shall be the date on which an occupancy permit for | 61250 |
| the manufactured home is delivered to the purchaser of the home by | 61251 |
| the appropriate legal authority. | 61252 |
| (d) An application for a certificate of title for a used | 61253 |
| manufactured home or a used mobile home shall be filed as follows: | 61254 |
| (i) If a certificate of title for the used manufactured home | 61255 |
| or used mobile home was issued to the motor vehicle dealer prior | 61256 |
| to the sale of the manufactured or mobile home to the purchaser, | 61257 |
| the application for certificate of title shall be filed within | 61258 |
| thirty days after the date on which an occupancy permit for the | 61259 |
| manufactured or mobile home is delivered to the purchaser by the | 61260 |
| appropriate legal authority. | 61261 |
| (ii) If the motor vehicle dealer has been designated by a | 61262 |
| secured party to display the manufactured or mobile home for sale, | 61263 |
| or to sell the manufactured or mobile home under section 4505.20 | 61264 |
| of the Revised Code, but the certificate of title has not been | 61265 |
| transferred by the secured party to the motor vehicle dealer, and | 61266 |
| the dealer has complied with the requirements of division (A) of | 61267 |
| section 4505.181 of the Revised Code, the application for | 61268 |
| certificate of title shall be filed within thirty days after the | 61269 |
| date on which the motor vehicle dealer obtains the certificate of | 61270 |
| title for the home from the secured party or the date on which an | 61271 |
| occupancy permit for the manufactured or mobile home is delivered | 61272 |
| to the purchaser by the appropriate legal authority, whichever | 61273 |
| occurs later. | 61274 |
| (6) If an application for a certificate of title is not filed | 61275 |
| within the period specified in division (A)(5)(b), (c), or (d) of | 61276 |
| this section, the clerk shall collect a fee of five dollars for | 61277 |
| the issuance of the certificate, except that no such fee shall be | 61278 |
| required from a motor vehicle salvage dealer, as defined in | 61279 |
| division (A) of section 4738.01 of the Revised Code, who | 61280 |
| immediately surrenders the certificate of title for cancellation. | 61281 |
| The fee shall be in addition to all other fees established by this | 61282 |
| chapter, and shall be retained by the clerk. The registrar shall | 61283 |
| provide, on the certificate of title form prescribed by section | 61284 |
| 4505.07 of the Revised Code, language necessary to give evidence | 61285 |
| of the date on which the assignment or delivery of the motor | 61286 |
| vehicle was made. | 61287 |
| | 61288 |
| agreement," "lessee," and "sublease agreement" have the same | 61289 |
| meanings as in section 4505.04 of the Revised Code and "new | 61290 |
| manufactured home," "used manufactured home," and "used mobile | 61291 |
| home" have the same meanings as in section 5739.0210 of the | 61292 |
| Revised Code. | 61293 |
| (B)(1) The clerk, except as provided in this section, shall | 61294 |
| refuse to accept for filing any application for a certificate of | 61295 |
| title and shall refuse to issue a certificate of title unless the | 61296 |
|
dealer | 61297 |
| which the certificate shall be obtained by the buyer, submits with | 61298 |
| the application payment of the tax levied by or pursuant to | 61299 |
| Chapters 5739. and 5741. of the Revised Code based on the | 61300 |
| purchaser's county of residence. Upon payment of the tax in | 61301 |
| accordance with division (E) of this section, the clerk shall | 61302 |
| issue a receipt prescribed by the registrar and agreed upon by the | 61303 |
| tax commissioner showing payment of the tax or a receipt issued by | 61304 |
| the commissioner showing the payment of the tax. When submitting | 61305 |
| payment of the tax to the clerk, a dealer shall retain any | 61306 |
| discount to which the dealer is entitled under section 5739.12 of | 61307 |
| the Revised Code. | 61308 |
| (2) For receiving and disbursing such taxes paid to the clerk | 61309 |
| by a resident of the clerk's county, the clerk may retain a | 61310 |
| poundage fee of one and one one-hundredth per cent, and the clerk | 61311 |
| shall pay the poundage fee into the certificate of title | 61312 |
| administration fund created by section 325.33 of the Revised Code. | 61313 |
| The clerk shall not retain a poundage fee from payments of taxes | 61314 |
| by persons who do not reside in the clerk's county. | 61315 |
| A clerk, however, may retain from the taxes paid to the clerk | 61316 |
| an amount equal to the poundage fees associated with certificates | 61317 |
| of title issued by other clerks of courts of common pleas to | 61318 |
| applicants who reside in the first clerk's county. The registrar, | 61319 |
| in consultation with the tax commissioner and the clerks of the | 61320 |
| courts of common pleas, shall develop a report from the automated | 61321 |
| title processing system that informs each clerk of the amount of | 61322 |
| the poundage fees that the clerk is permitted to retain from those | 61323 |
| taxes because of certificates of title issued by the clerks of | 61324 |
| other counties to applicants who reside in the first clerk's | 61325 |
| county. | 61326 |
| (3) In the case of casual sales of motor vehicles, as defined | 61327 |
| in section 4517.01 of the Revised Code, the price for the purpose | 61328 |
| of determining the tax shall be the purchase price on the assigned | 61329 |
| certificate of title executed by the seller and filed with the | 61330 |
| clerk by the buyer on a form to be prescribed by the registrar, | 61331 |
| which shall be prima-facie evidence of the amount for the | 61332 |
| determination of the tax. | 61333 |
| (4) Each county clerk shall forward to the treasurer of state | 61334 |
| all sales and use tax collections resulting from sales of motor | 61335 |
| vehicles, off-highway motorcycles, and all-purpose vehicles during | 61336 |
| a calendar week on or before the Friday following the close of | 61337 |
| that week. If, on any Friday, the offices of the clerk of courts | 61338 |
| or the state are not open for business, the tax shall be forwarded | 61339 |
| to the treasurer of state on or before the next day on which the | 61340 |
| offices are open. Every remittance of tax under division (B)(4) of | 61341 |
| this section shall be accompanied by a remittance report in such | 61342 |
| form as the tax commissioner prescribes. Upon receipt of a tax | 61343 |
| remittance and remittance report, the treasurer of state shall | 61344 |
| date stamp the report and forward it to the tax commissioner. If | 61345 |
| the tax due for any week is not remitted by a clerk of courts as | 61346 |
| required under division (B)(4) of this section, the commissioner | 61347 |
| may require the clerk to forfeit the poundage fees for the sales | 61348 |
| made during that week. The treasurer of state may require the | 61349 |
| clerks of courts to transmit tax collections and remittance | 61350 |
| reports electronically. | 61351 |
| (C)(1) If the transferor indicates on the certificate of | 61352 |
| title that the odometer reflects mileage in excess of the designed | 61353 |
| mechanical limit of the odometer, the clerk shall enter the phrase | 61354 |
| "exceeds mechanical limits" following the mileage designation. If | 61355 |
| the transferor indicates on the certificate of title that the | 61356 |
| odometer reading is not the actual mileage, the clerk shall enter | 61357 |
| the phrase "nonactual: warning - odometer discrepancy" following | 61358 |
| the mileage designation. The clerk shall use reasonable care in | 61359 |
| transferring the information supplied by the transferor, but is | 61360 |
| not liable for any errors or omissions of the clerk or those of | 61361 |
| the clerk's deputies in the performance of the clerk's duties | 61362 |
| created by this chapter. | 61363 |
| The registrar shall prescribe an affidavit in which the | 61364 |
| transferor shall swear to the true selling price and, except as | 61365 |
| provided in this division, the true odometer reading of the motor | 61366 |
| vehicle. The registrar may prescribe an affidavit in which the | 61367 |
| seller and buyer provide information pertaining to the odometer | 61368 |
| reading of the motor vehicle in addition to that required by this | 61369 |
| section, as such information may be required by the United States | 61370 |
| secretary of transportation by rule prescribed under authority of | 61371 |
| subchapter IV of the "Motor Vehicle Information and Cost Savings | 61372 |
| Act," 86 Stat. 961 (1972), 15 U.S.C. 1981. | 61373 |
| (2) Division (C)(1) of this section does not require the | 61374 |
| giving of information concerning the odometer and odometer reading | 61375 |
| of a motor vehicle when ownership of a motor vehicle is being | 61376 |
| transferred as a result of a bequest, under the laws of intestate | 61377 |
| succession, to a survivor pursuant to section 2106.18, 2131.12, or | 61378 |
| 4505.10 of the Revised Code, to a transfer-on-death beneficiary or | 61379 |
| beneficiaries pursuant to section 2131.13 of the Revised Code, in | 61380 |
| connection with the creation of a security interest or for a | 61381 |
| vehicle with a gross vehicle weight rating of more than sixteen | 61382 |
| thousand pounds. | 61383 |
| (D) When the transfer to the applicant was made in some other | 61384 |
| state or in interstate commerce, the clerk, except as provided in | 61385 |
| this section, shall refuse to issue any certificate of title | 61386 |
| unless the tax imposed by or pursuant to Chapter 5741. of the | 61387 |
| Revised Code based on the purchaser's county of residence has been | 61388 |
| paid as evidenced by a receipt issued by the tax commissioner, or | 61389 |
| unless the applicant submits with the application payment of the | 61390 |
| tax. Upon payment of the tax in accordance with division (E) of | 61391 |
| this section, the clerk shall issue a receipt prescribed by the | 61392 |
| registrar and agreed upon by the tax commissioner, showing payment | 61393 |
| of the tax. | 61394 |
| For receiving and disbursing such taxes paid to the clerk by | 61395 |
| a resident of the clerk's county, the clerk may retain a poundage | 61396 |
| fee of one and one one-hundredth per cent. The clerk shall not | 61397 |
| retain a poundage fee from payments of taxes by persons who do not | 61398 |
| reside in the clerk's county. | 61399 |
| A clerk, however, may retain from the taxes paid to the clerk | 61400 |
| an amount equal to the poundage fees associated with certificates | 61401 |
| of title issued by other clerks of courts of common pleas to | 61402 |
| applicants who reside in the first clerk's county. The registrar, | 61403 |
| in consultation with the tax commissioner and the clerks of the | 61404 |
| courts of common pleas, shall develop a report from the automated | 61405 |
| title processing system that informs each clerk of the amount of | 61406 |
| the poundage fees that the clerk is permitted to retain from those | 61407 |
| taxes because of certificates of title issued by the clerks of | 61408 |
| other counties to applicants who reside in the first clerk's | 61409 |
| county. | 61410 |
| When the vendor is not regularly engaged in the business of | 61411 |
| selling motor vehicles, the vendor shall not be required to | 61412 |
| purchase a vendor's license or make reports concerning those | 61413 |
| sales. | 61414 |
| (E) The clerk shall accept any payment of a tax in cash, or | 61415 |
| by cashier's check, certified check, draft, money order, or teller | 61416 |
| check issued by any insured financial institution payable to the | 61417 |
| clerk and submitted with an application for a certificate of title | 61418 |
| under division (B) or (D) of this section. The clerk also may | 61419 |
| accept payment of the tax by corporate, business, or personal | 61420 |
| check, credit card, electronic transfer or wire transfer, debit | 61421 |
| card, or any other accepted form of payment made payable to the | 61422 |
| clerk. The clerk may require bonds, guarantees, or letters of | 61423 |
| credit to ensure the collection of corporate, business, or | 61424 |
| personal checks. Any service fee charged by a third party to a | 61425 |
| clerk for the use of any form of payment may be paid by the clerk | 61426 |
| from the certificate of title administration fund created in | 61427 |
| section 325.33 of the Revised Code, or may be assessed by the | 61428 |
| clerk upon the applicant as an additional fee. Upon collection, | 61429 |
| the additional fees shall be paid by the clerk into that | 61430 |
| certificate of title administration fund. | 61431 |
| The clerk shall make a good faith effort to collect any | 61432 |
| payment of taxes due but not made because the payment was returned | 61433 |
| or dishonored, but the clerk is not personally liable for the | 61434 |
| payment of uncollected taxes or uncollected fees. The clerk shall | 61435 |
| notify the tax commissioner of any such payment of taxes that is | 61436 |
| due but not made and shall furnish the information to the | 61437 |
| commissioner that the commissioner requires. The clerk shall | 61438 |
| deduct the amount of taxes due but not paid from the clerk's | 61439 |
| periodic remittance of tax payments, in accordance with procedures | 61440 |
| agreed upon by the tax commissioner. The commissioner may collect | 61441 |
| taxes due by assessment in the manner provided in section 5739.13 | 61442 |
| of the Revised Code. | 61443 |
| Any person who presents payment that is returned or | 61444 |
| dishonored for any reason is liable to the clerk for payment of a | 61445 |
| penalty over and above the amount of the taxes due. The clerk | 61446 |
| shall determine the amount of the penalty, and the penalty shall | 61447 |
| be no greater than that amount necessary to compensate the clerk | 61448 |
| for banking charges, legal fees, or other expenses incurred by the | 61449 |
| clerk in collecting the returned or dishonored payment. The | 61450 |
| remedies and procedures provided in this section are in addition | 61451 |
| to any other available civil or criminal remedies. Subsequently | 61452 |
| collected penalties, poundage fees, and title fees, less any title | 61453 |
| fee due the state, from returned or dishonored payments collected | 61454 |
| by the clerk shall be paid into the certificate of title | 61455 |
| administration fund. Subsequently collected taxes, less poundage | 61456 |
| fees, shall be sent by the clerk to the treasurer of state at the | 61457 |
| next scheduled periodic remittance of tax payments, with | 61458 |
| information as the commissioner may require. The clerk may abate | 61459 |
| all or any part of any penalty assessed under this division. | 61460 |
| (F) In the following cases, the clerk shall accept for filing | 61461 |
| an application and shall issue a certificate of title without | 61462 |
| requiring payment or evidence of payment of the tax: | 61463 |
| (1) When the purchaser is this state or any of its political | 61464 |
| subdivisions, a church, or an organization whose purchases are | 61465 |
| exempted by section 5739.02 of the Revised Code; | 61466 |
| (2) When the transaction in this state is not a retail sale | 61467 |
| as defined by section 5739.01 of the Revised Code; | 61468 |
| (3) When the purchase is outside this state or in interstate | 61469 |
| commerce and the purpose of the purchaser is not to use, store, or | 61470 |
| consume within the meaning of section 5741.01 of the Revised Code; | 61471 |
| (4) When the purchaser is the federal government; | 61472 |
| (5) When the motor vehicle was purchased outside this state | 61473 |
| for use outside this state; | 61474 |
| (6) When the motor vehicle is purchased by a nonresident | 61475 |
| under the circumstances described in division (B)(1) of section | 61476 |
| 5739.029 of the Revised Code, and upon presentation of a copy of | 61477 |
| the affidavit provided by that section, and a copy of the | 61478 |
| exemption certificate provided by section 5739.03 of the Revised | 61479 |
| Code. | 61480 |
| (G) An application, as prescribed by the registrar and agreed | 61481 |
| to by the tax commissioner, shall be filled out and sworn to by | 61482 |
| the buyer of a motor vehicle in a casual sale. The application | 61483 |
| shall contain the following notice in bold lettering: "WARNING TO | 61484 |
| TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required by | 61485 |
| law to state the true selling price. A false statement is in | 61486 |
| violation of section 2921.13 of the Revised Code and is punishable | 61487 |
| by six months' imprisonment or a fine of up to one thousand | 61488 |
| dollars, or both. All transfers are audited by the department of | 61489 |
| taxation. The seller and buyer must provide any information | 61490 |
| requested by the department of taxation. The buyer may be assessed | 61491 |
| any additional tax found to be due." | 61492 |
| (H) For sales of manufactured homes or mobile homes occurring | 61493 |
| on or after January 1, 2000, the clerk shall accept for filing, | 61494 |
| pursuant to Chapter 5739. of the Revised Code, an application for | 61495 |
| a certificate of title for a manufactured home or mobile home | 61496 |
| without requiring payment of any tax pursuant to section 5739.02, | 61497 |
| 5741.021, 5741.022, or 5741.023 of the Revised Code, or a receipt | 61498 |
| issued by the tax commissioner showing payment of the tax. For | 61499 |
| sales of manufactured homes or mobile homes occurring on or after | 61500 |
| January 1, 2000, the applicant shall pay to the clerk an | 61501 |
| additional fee of five dollars for each certificate of title | 61502 |
| issued by the clerk for a manufactured or mobile home pursuant to | 61503 |
| division (H) of section 4505.11 of the Revised Code and for each | 61504 |
| certificate of title issued upon transfer of ownership of the | 61505 |
| home. The clerk shall credit the fee to the county certificate of | 61506 |
| title administration fund, and the fee shall be used to pay the | 61507 |
| expenses of archiving those certificates pursuant to division (A) | 61508 |
| of section 4505.08 and division (H)(3) of section 4505.11 of the | 61509 |
| Revised Code. The tax commissioner shall administer any tax on a | 61510 |
| manufactured or mobile home pursuant to Chapters 5739. and 5741. | 61511 |
| of the Revised Code. | 61512 |
| (I) Every clerk shall have the capability to transact by | 61513 |
| electronic means all procedures and transactions relating to the | 61514 |
| issuance of motor vehicle certificates of title that are described | 61515 |
| in the Revised Code as being accomplished by electronic means. | 61516 |
| Sec. 4505.062. Notwithstanding any general requirement in | 61517 |
| this chapter to the effect that an application for a certificate | 61518 |
| of title to a motor vehicle shall be "sworn to" or shall be "sworn | 61519 |
| to before a notary public or other officer empowered to administer | 61520 |
| oaths," that requirement shall apply only in the case of a | 61521 |
| transfer of a motor vehicle between parties in the course of a | 61522 |
|
casual sale, as defined in | 61523 |
| the Revised Code. | 61524 |
| Sec. 4505.09. (A)(1) The clerk of a court of common pleas | 61525 |
| shall charge and retain fees as follows: | 61526 |
| (a) Five dollars for each certificate of title that is not | 61527 |
| applied for within thirty days after the later of the assignment | 61528 |
| or delivery of the motor vehicle described in it. The entire fee | 61529 |
| shall be retained by the clerk. | 61530 |
| (b) Fifteen dollars for each certificate of title or | 61531 |
| duplicate certificate of title including the issuance of a | 61532 |
| memorandum certificate of title, or authorization to print a | 61533 |
| non-negotiable evidence of ownership described in division (G) of | 61534 |
| section 4505.08 of the Revised Code, non-negotiable evidence of | 61535 |
| ownership printed by the clerk under division (H) of that section, | 61536 |
| and notation of any lien on a certificate of title that is applied | 61537 |
| for at the same time as the certificate of title. The clerk shall | 61538 |
| retain eleven dollars and fifty cents of that fee for each | 61539 |
| certificate of title when there is a notation of a lien or | 61540 |
| security interest on the certificate of title, twelve dollars and | 61541 |
| twenty-five cents when there is no lien or security interest noted | 61542 |
| on the certificate of title, and eleven dollars and fifty cents | 61543 |
| for each duplicate certificate of title. | 61544 |
| (c) Five dollars for each certificate of title with no | 61545 |
| security interest noted that is issued to a licensed motor vehicle | 61546 |
| dealer for resale purposes. The clerk shall retain two dollars and | 61547 |
| twenty-five cents of that fee. | 61548 |
| (d) Five dollars for each memorandum certificate of title or | 61549 |
| non-negotiable evidence of ownership that is applied for | 61550 |
| separately. The clerk shall retain that entire fee. | 61551 |
| (2) The fees that are not retained by the clerk shall be | 61552 |
| paid to the registrar of motor vehicles by monthly returns, which | 61553 |
| shall be forwarded to the registrar not later than the fifth day | 61554 |
| of the month next succeeding that in which the certificate is | 61555 |
| issued or that in which the registrar is notified of a lien or | 61556 |
| cancellation of a lien. | 61557 |
| (B)(1) The registrar shall pay twenty-five cents of the | 61558 |
| amount received for each certificate of title issued to a motor | 61559 |
|
vehicle dealer for resale | 61560 |
| certificates of title issued with a lien or security interest | 61561 |
| noted on the certificate of title, and twenty-five cents for each | 61562 |
| certificate of title with no lien or security interest noted on | 61563 |
| the certificate of title into the state bureau of motor vehicles | 61564 |
| fund established in section 4501.25 of the Revised Code. | 61565 |
| (2) Fifty cents of the amount received for each certificate | 61566 |
| of title shall be paid by the registrar as follows: | 61567 |
| (a) Four cents shall be paid into the state treasury to the | 61568 |
| credit of the motor vehicle dealers board fund, which is hereby | 61569 |
| created. All investment earnings of the fund shall be credited to | 61570 |
| the fund. The moneys in the motor vehicle dealers board fund shall | 61571 |
| be used by the motor vehicle dealers board created under section | 61572 |
| 4517.30 of the Revised Code, together with other moneys | 61573 |
| appropriated to it, in the exercise of its powers and the | 61574 |
| performance of its duties under Chapter 4517. of the Revised Code, | 61575 |
| except that the director of budget and management may transfer | 61576 |
| excess money from the motor vehicle dealers board fund to the | 61577 |
| bureau of motor vehicles fund if the registrar determines that the | 61578 |
| amount of money in the motor vehicle dealers board fund, together | 61579 |
| with other moneys appropriated to the board, exceeds the amount | 61580 |
| required for the exercise of its powers and the performance of its | 61581 |
| duties under Chapter 4517. of the Revised Code and requests the | 61582 |
| director to make the transfer. | 61583 |
| (b) Twenty-one cents shall be paid into the highway operating | 61584 |
| fund. | 61585 |
| (c) Twenty-five cents shall be paid into the state treasury | 61586 |
| to the credit of the motor vehicle sales audit fund, which is | 61587 |
| hereby created. The moneys in the fund shall be used by the tax | 61588 |
| commissioner together with other funds available to the | 61589 |
| commissioner to conduct a continuing investigation of sales and | 61590 |
| use tax returns filed for motor vehicles in order to determine if | 61591 |
| sales and use tax liability has been satisfied. The commissioner | 61592 |
| shall refer cases of apparent violations of section 2921.13 of the | 61593 |
| Revised Code made in connection with the titling or sale of a | 61594 |
| motor vehicle and cases of any other apparent violations of the | 61595 |
| sales or use tax law to the appropriate county prosecutor whenever | 61596 |
| the commissioner considers it advisable. | 61597 |
| (3) Two dollars of the amount received by the registrar for | 61598 |
| each certificate of title shall be paid into the state treasury to | 61599 |
| the credit of the automated title processing fund, which is hereby | 61600 |
| created and which shall consist of moneys collected under division | 61601 |
| (B)(3) of this section and under sections 1548.10 and 4519.59 of | 61602 |
| the Revised Code. All investment earnings of the fund shall be | 61603 |
| credited to the fund. The moneys in the fund shall be used as | 61604 |
| follows: | 61605 |
| (a) Except for moneys collected under section 1548.10 of the | 61606 |
| Revised Code and as provided in division (B)(3)(c) of this | 61607 |
| section, moneys collected under division (B)(3) of this section | 61608 |
| shall be used to implement and maintain an automated title | 61609 |
| processing system for the issuance of motor vehicle, off-highway | 61610 |
| motorcycle, and all-purpose vehicle certificates of title in the | 61611 |
| offices of the clerks of the courts of common pleas. | 61612 |
| (b) Moneys collected under section 1548.10 of the Revised | 61613 |
| Code shall be used to issue marine certificates of title in the | 61614 |
| offices of the clerks of the courts of common pleas as provided in | 61615 |
| Chapter 1548. of the Revised Code. | 61616 |
| (c) Moneys collected under division (B)(3) of this section | 61617 |
| shall be used in accordance with section 4505.25 of the Revised | 61618 |
| Code to implement Sub. S.B. 59 of the 124th general assembly. | 61619 |
| (C)(1) The automated title processing board is hereby created | 61620 |
| consisting of the registrar or the registrar's representative, a | 61621 |
| person selected by the registrar, the president of the Ohio clerks | 61622 |
| of court association or the president's representative, and two | 61623 |
| clerks of courts of common pleas appointed by the governor. The | 61624 |
| director of budget and management or the director's designee, the | 61625 |
| chief of the division of watercraft in the department of natural | 61626 |
| resources or the chief's designee, and the tax commissioner or | 61627 |
| the commissioner's designee shall be nonvoting members of the | 61628 |
| board. The purpose of the board is to facilitate the operation | 61629 |
| and maintenance of an automated title processing system and | 61630 |
| approve the procurement of automated title processing system | 61631 |
| equipment. Voting members of the board, excluding the registrar | 61632 |
| or the registrar's representative, shall serve without | 61633 |
| compensation, but shall be reimbursed for travel and other | 61634 |
| necessary expenses incurred in the conduct of their official | 61635 |
| duties. The registrar or the registrar's representative shall | 61636 |
| receive neither compensation nor reimbursement as a board | 61637 |
| member. | 61638 |
| (2) The automated title processing board shall determine each | 61639 |
| of the following: | 61640 |
| (a) The automated title processing equipment and certificates | 61641 |
| of title requirements for each county; | 61642 |
| (b) The payment of expenses that may be incurred by the | 61643 |
| counties in implementing an automated title processing system; | 61644 |
| (c) The repayment to the counties for existing title | 61645 |
| processing equipment. | 61646 |
| (3) The registrar shall purchase, lease, or otherwise acquire | 61647 |
| any automated title processing equipment and certificates of title | 61648 |
| that the board determines are necessary from moneys in the | 61649 |
| automated title processing fund established by division (B)(3) of | 61650 |
| this section. | 61651 |
| (D) All counties shall conform to the requirements of the | 61652 |
| registrar regarding the operation of their automated title | 61653 |
| processing system for motor vehicle titles, certificates of title | 61654 |
| for off-highway motorcycles and all-purpose vehicles, and | 61655 |
| certificates of title for watercraft and outboard motors. | 61656 |
| Sec. 4505.111. (A) Every motor vehicle, other than a | 61657 |
| manufactured home, a mobile home, or a motor vehicle as provided | 61658 |
| in divisions (C), (D), and (E) of section 4505.11 of the Revised | 61659 |
| Code, that is assembled from component parts by a person other | 61660 |
| than the manufacturer, shall be inspected by the state highway | 61661 |
| patrol prior to issuance of title to the motor vehicle. The | 61662 |
| inspection shall include establishing proof of ownership and an | 61663 |
| inspection of the motor number and vehicle identification number | 61664 |
| of the motor vehicle, and any items of equipment the director of | 61665 |
| public safety considers advisable and requires to be inspected by | 61666 |
| rule. A fee of forty dollars in fiscal year 1998 and fifty dollars | 61667 |
| in fiscal year 1999 and thereafter shall be assessed by the state | 61668 |
| highway patrol for each inspection made pursuant to this section, | 61669 |
| and shall be deposited in the state highway safety fund | 61670 |
| established by section 4501.06 of the Revised Code. | 61671 |
| (B) Whoever violates this section shall be fined not more | 61672 |
| than two thousand dollars, imprisoned not more than one year, or | 61673 |
| both. | 61674 |
| Sec. 4505.181. (A) Notwithstanding divisions (A)(2), (5), | 61675 |
| and (6) of section 4505.18 of the Revised Code, a motor vehicle | 61676 |
| dealer or person acting on behalf of a motor vehicle dealer may | 61677 |
| display, offer for sale, or sell a used motor vehicle and a | 61678 |
| manufactured housing dealer or person acting on behalf of a | 61679 |
| manufactured housing dealer may display, offer for sale, or sell a | 61680 |
| used manufactured home or used mobile home without having first | 61681 |
| obtained a certificate of title for the vehicle in the name of the | 61682 |
| dealer as required by this chapter if the dealer or person acting | 61683 |
| on behalf of the dealer complies with divisions (A)(1)(a) and (2) | 61684 |
| of this section, or divisions (A)(1)(b) and (2) of this section, | 61685 |
| as follows: | 61686 |
| (1)(a) If the dealer has been licensed as a motor vehicle | 61687 |
| dealer or manufactured housing dealer for less than the three-year | 61688 |
| period prior to the date on which the dealer or person acting on | 61689 |
| behalf of the dealer displays, offers for sale, or sells the used | 61690 |
| motor vehicle for which the dealer has not obtained a certificate | 61691 |
| of title in the name of the dealer, or if the attorney general has | 61692 |
| paid a retail purchaser of the dealer under division (C) of this | 61693 |
| section within three years prior to such date, the dealer posts | 61694 |
| with the attorney general's office in favor of this state a bond | 61695 |
| of a surety company authorized to do business in this state, in an | 61696 |
| amount of not less than twenty-five thousand dollars, to be used | 61697 |
| solely for the purpose of compensating retail purchasers of motor | 61698 |
| vehicles, manufactured homes, or mobile homes who suffer damages | 61699 |
| due to failure of the dealer or person acting on behalf of the | 61700 |
| dealer to comply with this section. The dealer's surety shall | 61701 |
| notify the registrar and attorney general when a bond of a motor | 61702 |
| vehicle dealer is canceled and shall notify the manufactured | 61703 |
| homes commission and the attorney general when a bond of a | 61704 |
| manufactured housing dealer is canceled. Such notification of | 61705 |
| cancellation shall include the effective date of and reason for | 61706 |
| cancellation. | 61707 |
| (b) If the dealer has been licensed as a motor vehicle dealer | 61708 |
| or manufactured housing dealer for longer than the three-year | 61709 |
| period prior to the date on which the dealer or person acting on | 61710 |
| behalf of the dealer displays, offers for sale, or sells the used | 61711 |
| motor vehicle, used manufactured home, or used mobile home for | 61712 |
| which the dealer has not obtained a certificate of title in the | 61713 |
| name of the dealer and the attorney general has not paid a retail | 61714 |
| purchaser of the dealer under division (C) of this section within | 61715 |
| three years prior to such date, the dealer pays one hundred fifty | 61716 |
| dollars to the attorney general for deposit into the title defect | 61717 |
| recision fund created by section 1345.52 of the Revised Code. | 61718 |
| (2) The dealer or person acting on behalf of the dealer | 61719 |
| possesses a bill of sale for each motor vehicle, used manufactured | 61720 |
| home, and used mobile home proposed to be displayed, offered for | 61721 |
| sale, or sold under this section and a properly executed power of | 61722 |
| attorney or other related documents from the prior owner of the | 61723 |
| motor vehicle, manufactured home, or mobile home giving the dealer | 61724 |
| or person acting on behalf of the dealer authority to have a | 61725 |
| certificate of title to the motor vehicle, manufactured home, or | 61726 |
| mobile home issued in the name of the dealer, and retains copies | 61727 |
| of all such documents in the dealer's or person's files until such | 61728 |
| time as a certificate of title in the dealer's name is issued for | 61729 |
| each such motor vehicle, manufactured home, or mobile home by the | 61730 |
| clerk of the court of common pleas. Such documents shall be | 61731 |
| available for inspection by the bureau of motor vehicles and the | 61732 |
| manufactured homes commission during normal business hours. | 61733 |
| (B) If a retail purchaser purchases a motor vehicle, used | 61734 |
| manufactured home, or used mobile home for which the dealer, | 61735 |
| pursuant to and in accordance with division (A) of this section, | 61736 |
| does not have a certificate of title issued in the name of the | 61737 |
| dealer at the time of the sale, the retail purchaser has an | 61738 |
| unconditional right to rescind the transaction and the dealer has | 61739 |
| an obligation to refund to the retail purchaser the full purchase | 61740 |
| price of the vehicle, if one of the following applies: | 61741 |
| (1) The dealer fails, on or before the fortieth day following | 61742 |
| the date of the sale, to obtain a title in the name of the retail | 61743 |
| purchaser. | 61744 |
| (2) The title for the vehicle indicates that it is a rebuilt | 61745 |
| salvage vehicle, and the fact that it is a rebuilt salvage vehicle | 61746 |
| was not disclosed to the retail purchaser in writing prior to the | 61747 |
| execution of the purchase agreement. | 61748 |
| (3) The title for the vehicle indicates that the dealer has | 61749 |
| made an inaccurate odometer disclosure to the retail purchaser. | 61750 |
| (4) The motor vehicle is a used manufactured home or used | 61751 |
| mobile home, as defined by section 5739.021 of the Revised Code, | 61752 |
| that has been repossessed under Chapter 1309. or 1317. of the | 61753 |
| Revised Code, but a certificate of title for the repossessed home | 61754 |
| has not yet been transferred by the repossessing party to the | 61755 |
| dealer on the date the retail purchaser purchases the used | 61756 |
| manufactured home or used mobile home from the dealer, and the | 61757 |
| dealer fails to obtain a certificate of title on or before the | 61758 |
| fortieth day after the dealer obtains the certificate of title for | 61759 |
| the home from the repossessing party or the date on which an | 61760 |
| occupancy permit for the home is delivered to the purchaser by the | 61761 |
| appropriate legal authority, whichever occurs later. | 61762 |
| If any of the circumstances described in divisions (B)(1) to | 61763 |
| 61764 | |
| purchaser's representative shall notify the dealer and afford the | 61765 |
| dealer the opportunity to comply with the dealer's obligation to | 61766 |
| refund the full purchase price of the motor vehicle. Nothing in | 61767 |
| this division shall be construed as prohibiting the dealer and the | 61768 |
| retail purchaser or their representatives from negotiating a | 61769 |
| compromise resolution that is satisfactory to both parties. | 61770 |
| (C) If a retail purchaser notifies a dealer of one or more of | 61771 |
| the circumstances listed in division (B) of this section and the | 61772 |
| dealer fails to refund to the retail purchaser the full purchase | 61773 |
| price of the vehicle or reach a satisfactory compromise with the | 61774 |
| retail purchaser within three business days of presentation of the | 61775 |
| retail purchaser's recision claim, the retail purchaser may apply | 61776 |
| to the attorney general for payment from the fund of the full | 61777 |
| purchase price to the retail purchaser. | 61778 |
| (D) Upon application by a retail purchaser for payment from | 61779 |
| the fund, if the attorney general is satisfied that one or more of | 61780 |
|
the circumstances contained in divisions
(B)(1) to | 61781 |
| section exist, the attorney general shall cause the full purchase | 61782 |
| price of the vehicle, manufactured home, or mobile home to be paid | 61783 |
| to the retail purchaser from the fund after delivery of the | 61784 |
| vehicle, manufactured home, or mobile home to the attorney | 61785 |
| general. The attorney general may sell or otherwise dispose of any | 61786 |
| vehicle, manufactured home, or mobile home that is delivered to | 61787 |
| the attorney general under this section, and may collect the | 61788 |
| proceeds of any bond posted under division (A) of this section by | 61789 |
| a dealer who has failed to comply with division (C) of this | 61790 |
| section. The proceeds from all such sales and collections shall | 61791 |
| be deposited into the title defect recision fund for use as | 61792 |
| specified in section 1345.52 of the Revised Code. | 61793 |
| (E) Failure by a dealer to comply with division (A) or (B) of | 61794 |
| this section constitutes a deceptive act or practice in connection | 61795 |
| with a consumer transaction, and is a violation of section 1345.02 | 61796 |
| of the Revised Code. | 61797 |
| (F) The remedy provided in this section to retail purchasers | 61798 |
| is in addition to any remedies otherwise available to the retail | 61799 |
| purchaser for the same conduct of the dealer or person acting on | 61800 |
| behalf of the dealer under federal law or the laws of this state | 61801 |
| or a political subdivision of this state. | 61802 |
| (G) All motor vehicle dealers licensed under Chapter 4517. of | 61803 |
| the Revised Code and manufactured housing dealers licensed under | 61804 |
| Chapter 4781. of the Revised Code shall pay to the attorney | 61805 |
| general for deposit into the title defect recision fund the amount | 61806 |
| described in division (A)(1)(b) of this section beginning with the | 61807 |
| calendar year during which this section becomes effective and each | 61808 |
| year subsequent to that year until the balance in the fund is not | 61809 |
| less than three hundred thousand dollars. All such dealers also | 61810 |
| shall pay to the attorney general for deposit into the fund that | 61811 |
| amount during any year and subsequent years during which the | 61812 |
| balance in the fund is less than three hundred thousand dollars | 61813 |
| until the balance in the fund reaches three hundred thousand | 61814 |
| dollars. | 61815 |
| If a motor vehicle dealer or manufactured housing dealer | 61816 |
| fails to comply with this division, the attorney general may bring | 61817 |
| a civil action in a court of competent jurisdiction to collect the | 61818 |
| amount the dealer failed to pay to the attorney general for | 61819 |
| deposit into the fund. | 61820 |
| Sec. 4505.20. (A) Notwithstanding division (A)(2) of section | 61821 |
| 4505.18 of the Revised Code or any other provision of this chapter | 61822 |
| or Chapter 4517. of the Revised Code, a secured party may | 61823 |
|
designate | 61824 |
| for sale, or sell a manufactured or mobile home if the home has | 61825 |
| come into the possession of that secured party by a default in the | 61826 |
| terms of a security instrument and the certificate of title | 61827 |
| remains in the name and possession of the secured party. | 61828 |
| (B) Notwithstanding division (A)(2) of section 4505.18 of the | 61829 |
| Revised Code or any other provision of this chapter or Chapter | 61830 |
| 4517. of the Revised Code, the owner of a recreational vehicle or | 61831 |
| a secured party of a recreational vehicle who has come into | 61832 |
| possession of the vehicle by a default in the terms of a security | 61833 |
|
instrument, may designate
| 61834 |
| display, display for sale, or sell the vehicle while the | 61835 |
| certificate of title remains in the possession of the owner or | 61836 |
| secured party. No new motor vehicle dealer may display or offer | 61837 |
| for sale more than five recreational vehicles at any time under | 61838 |
| this division. No new motor vehicle dealer may display or offer | 61839 |
| for sale a recreational vehicle under this division unless the new | 61840 |
| motor vehicle dealer maintains insurance or the bond of a surety | 61841 |
| company authorized to transact business within this state in an | 61842 |
| amount sufficient to satisfy the fair market value of the vehicle. | 61843 |
| (C) | 61844 |
| 61845 | |
| 61846 | |
| 61847 | |
| 61848 | |
| 61849 | |
|
regarding the resale of | 61850 |
| recreational vehicles that the registrar considers necessary. | 61851 |
| (D) The manufactured housing dealer or new motor vehicle | 61852 |
| secured party or owner shall provide the dealer with written | 61853 |
| authorization to display, display for sale, or sell the | 61854 |
| manufactured home, mobile home, or recreational vehicle. The | 61855 |
| manufactured housing dealer or new motor vehicle dealer shall show | 61856 |
| and explain the written authorization to any prospective | 61857 |
| purchaser. The written authorization shall contain the vehicle | 61858 |
| identification number, make, model, year of manufacture, and | 61859 |
| physical description of the manufactured home, mobile home, or | 61860 |
| recreational vehicle that is provided to the manufactured housing | 61861 |
| dealer or new motor vehicle dealer. | 61862 |
| (E) | 61863 |
| 61864 | |
| 61865 |
| | 61866 |
| than two hundred dollars, imprisoned not more than ninety days, or | 61867 |
| both. | 61868 |
| Sec. 4507.02. (A)(1) No person shall permit the operation | 61869 |
| of a motor vehicle upon any public or private property used by the | 61870 |
| public for purposes of vehicular travel or parking knowing the | 61871 |
| operator does not have a valid driver's license issued to the | 61872 |
| operator by the registrar of motor vehicles under this chapter or | 61873 |
| a valid commercial driver's license issued under Chapter 4506. of | 61874 |
|
the
Revised Code.
Whoever
violates this division is guilty of | 61875 |
|
unclassified misdemeanor | 61876 |
| fined up to one thousand dollars and pursuant to division (B) of | 61877 |
| section 2929.27 of the Revised Code additionally may be ordered to | 61878 |
| serve a term of community service of up to five hundred hours. If | 61879 |
| the offender previously was convicted of or pleaded guilty to two | 61880 |
| or more violations of this section or a substantially equivalent | 61881 |
| municipal ordinance within the past three years, the offense is a | 61882 |
| misdemeanor of the first degree. | 61883 |
| (2) No person shall receive a driver's license, or a | 61884 |
| motorcycle operator's endorsement of a driver's or commercial | 61885 |
| driver's license, unless and until the person surrenders to the | 61886 |
| registrar all valid licenses issued to the person by another | 61887 |
| jurisdiction recognized by this state. The registrar shall report | 61888 |
| the surrender of a license to the issuing authority, together with | 61889 |
| information that a license is now issued in this state. The | 61890 |
| registrar shall destroy any such license that is not returned to | 61891 |
| the issuing authority. No person shall be permitted to have more | 61892 |
| than one valid license at any time. | 61893 |
| (B)(1) If a person is convicted of a violation of section | 61894 |
| 4510.11, 4510.14, 4510.16 when division (B)(3) of that section | 61895 |
| applies, or 4510.21 of the Revised Code or if division (F) of | 61896 |
| section 4507.164 of the Revised Code applies, the trial judge of | 61897 |
| any court, in addition to or independent of any other penalties | 61898 |
| provided by law or ordinance, shall impound the identification | 61899 |
| license plates of any motor vehicle registered in the name of the | 61900 |
| person. If a person is convicted of a violation of section 4510.16 | 61901 |
| of the Revised Code and division (B)(2) of that section applies, | 61902 |
| the trial judge of any court, in addition to or independent of any | 61903 |
| other penalties provided by law or ordinance, may impound the | 61904 |
| identification license plates of any motor vehicle registered in | 61905 |
| the name of the person. The court shall send the impounded license | 61906 |
| plates to the registrar, who may retain the license plates until | 61907 |
| the driver's or commercial driver's license of the owner has been | 61908 |
| reinstated or destroy them pursuant to section 4503.232 of the | 61909 |
| Revised Code. | 61910 |
| If the license plates of a person convicted of a violation of | 61911 |
| any provision of those sections have been impounded in accordance | 61912 |
| with the provisions of this division, the court shall notify the | 61913 |
| registrar of that action. The notice shall contain the name and | 61914 |
| address of the driver, the serial number of the driver's driver's | 61915 |
| or commercial driver's license, the serial numbers of the license | 61916 |
| plates of the motor vehicle, and the length of time for which the | 61917 |
| license plates have been impounded. The registrar shall record the | 61918 |
| data in the notice as part of the driver's permanent record. | 61919 |
| (2) Any motor vehicle owner who has had the license plates of | 61920 |
| a motor vehicle impounded pursuant to division (B)(1) of this | 61921 |
| section may apply to the registrar, or to a deputy registrar, for | 61922 |
| restricted license plates that shall conform to the requirements | 61923 |
| of section 4503.231 of the Revised Code. The registrar or deputy | 61924 |
| registrar forthwith shall notify the court of the application and, | 61925 |
| upon approval of the court, shall issue restricted license plates | 61926 |
| to the applicant. Until the driver's or commercial driver's | 61927 |
| license of the owner is reinstated, any new license plates issued | 61928 |
| to the owner also shall conform to the requirements of section | 61929 |
| 4503.231 of the Revised Code. | 61930 |
| The registrar or deputy registrar shall charge the owner of a | 61931 |
| vehicle the fees provided in section 4503.19 of the Revised Code | 61932 |
| for restricted license plates that are issued in accordance with | 61933 |
| this division, except upon renewal as specified in section 4503.10 | 61934 |
| of the Revised Code, when the regular fee as provided in section | 61935 |
| 4503.04 of the Revised Code shall be charged. The registrar or | 61936 |
| deputy registrar shall charge the owner of a vehicle the fees | 61937 |
| provided in section 4503.19 of the Revised Code whenever | 61938 |
| restricted license plates are exchanged, by reason of the | 61939 |
| reinstatement of the driver's or commercial driver's license of | 61940 |
| the owner, for those ordinarily issued. | 61941 |
| (3) If an owner wishes to sell a motor vehicle during the | 61942 |
| time the restricted license plates provided under division (B)(2) | 61943 |
| of this section are in use, the owner may apply to the court that | 61944 |
| impounded the license plates of the motor vehicle for permission | 61945 |
| to transfer title to the motor vehicle. If the court is satisfied | 61946 |
| that the sale will be made in good faith and not for the purpose | 61947 |
| of circumventing the provisions of this section, it may certify | 61948 |
| its consent to the owner and to the registrar of motor vehicles | 61949 |
| who shall enter notice of the transfer of the title of the motor | 61950 |
| vehicle in the vehicle registration record. | 61951 |
| If, during the time the restricted license plates provided | 61952 |
| under division (B)(2) of this section are in use, the title to a | 61953 |
| motor vehicle is transferred by the foreclosure of a chattel | 61954 |
| mortgage, a sale upon execution, the cancellation of a conditional | 61955 |
| sales contract, or by order of a court, the court shall notify the | 61956 |
| registrar of the action and the registrar shall enter notice of | 61957 |
| the transfer of the title to the motor vehicle in the vehicle | 61958 |
| registration record. | 61959 |
| (C) This section is not intended to change or modify any | 61960 |
| provision of Chapter 4503. of the Revised Code with respect to the | 61961 |
| taxation of motor vehicles or the time within which the taxes on | 61962 |
| motor vehicles shall be paid. | 61963 |
| Sec. 4507.23. (A) Except as provided in division (J) of this | 61964 |
| section, each application for a temporary instruction permit and | 61965 |
| examination shall be accompanied by a fee of five dollars. | 61966 |
| (B) Except as provided in division (J) of this section, each | 61967 |
| application for a driver's license made by a person who | 61968 |
| previously held such a license and whose license has expired not | 61969 |
| more than two years prior to the date of application, and who is | 61970 |
| required under this chapter to give an actual demonstration of the | 61971 |
| person's ability to drive, shall be accompanied by a fee of three | 61972 |
| dollars in addition to any other fees. | 61973 |
| (C)(1) Except as provided in divisions (E) and (J) of this | 61974 |
| section, each application for a driver's license, or motorcycle | 61975 |
| operator's endorsement, or renewal of a driver's license shall be | 61976 |
| accompanied by a fee of six dollars. | 61977 |
| (2) Except as provided in
division | 61978 |
| each application for a duplicate driver's license shall be | 61979 |
| accompanied by a fee of seven dollars and fifty cents. The | 61980 |
| duplicate driver's licenses issued under this section shall be | 61981 |
| distributed by the deputy registrar in accordance with rules | 61982 |
| adopted by the registrar of motor vehicles. | 61983 |
| (D) Except as provided in division (J) of this section, each | 61984 |
| application for a motorized bicycle license or duplicate thereof | 61985 |
| shall be accompanied by a fee of two dollars and fifty cents. | 61986 |
| (E) Except as provided in division (J) of this section, each | 61987 |
| application for a driver's license or renewal of a driver's | 61988 |
| license that will be issued to a person who is less than | 61989 |
| twenty-one years of age shall be accompanied by whichever of the | 61990 |
| following fees is applicable: | 61991 |
| (1) If the person is sixteen years of age or older, but less | 61992 |
| than seventeen years of age, a fee of seven dollars and | 61993 |
| twenty-five cents; | 61994 |
| (2) If the person is seventeen years of age or older, but | 61995 |
| less than eighteen years of age, a fee of six dollars; | 61996 |
| (3) If the person is eighteen years of age or older, but less | 61997 |
| than nineteen years of age, a fee of four dollars and seventy-five | 61998 |
| cents; | 61999 |
| (4) If the person is nineteen years of age or older, but less | 62000 |
| than twenty years of age, a fee of three dollars and fifty cents; | 62001 |
| (5) If the person is twenty years of age or older, but less | 62002 |
| than twenty-one years of age, a fee of two dollars and twenty-five | 62003 |
| cents. | 62004 |
| (F) Neither the registrar nor any deputy registrar shall | 62005 |
| charge a fee in excess of one dollar and fifty cents for | 62006 |
| laminating a driver's license, motorized bicycle license, or | 62007 |
| temporary instruction permit identification cards as required by | 62008 |
| sections 4507.13 and 4511.521 of the Revised Code. A deputy | 62009 |
| registrar laminating a driver's license, motorized bicycle | 62010 |
| license, or temporary instruction permit identification cards | 62011 |
| shall retain the entire amount of the fee charged for lamination, | 62012 |
| less the actual cost to the registrar of the laminating materials | 62013 |
| used for that lamination, as specified in the contract executed by | 62014 |
| the bureau for the laminating materials and laminating equipment. | 62015 |
| The deputy registrar shall forward the amount of the cost of the | 62016 |
| laminating materials to the registrar for deposit as provided in | 62017 |
| this section. | 62018 |
| (G) Except as provided in division (J) of this section and | 62019 |
| except for the renewal of a driver's license, commencing on | 62020 |
| October 1, 2003, each transaction described in divisions (A), (B), | 62021 |
| (C), (D), and (E) of this section shall be accompanied by an | 62022 |
| additional fee of twelve dollars. A transaction involving the | 62023 |
| renewal of a driver's license with an expiration date on or after | 62024 |
| that date shall be accompanied by an additional fee of twelve | 62025 |
| dollars. The additional fee is for the purpose of defraying the | 62026 |
| department of public safety's costs associated with the | 62027 |
| administration and enforcement of the motor vehicle and traffic | 62028 |
| laws of Ohio. | 62029 |
| (H) Except as provided in division (J) of this section, | 62030 |
| commencing on October 1, 2009, if an application for a driver's | 62031 |
| license or motorcycle operator's endorsement made by a person who | 62032 |
| previously held such a license is not applied for within the | 62033 |
| period specified in section 4507.09 of the Revised Code or within | 62034 |
| seven days after the period so specified, the registrar or | 62035 |
| deputy registrar shall collect a fee of twenty dollars for the | 62036 |
| issuance of the driver's license or motorcycle endorsement, but | 62037 |
| may waive the fee for good cause shown if the application is | 62038 |
| accompanied by supporting evidence as the registrar may require. | 62039 |
| The fee shall be in addition to all other fees established by | 62040 |
| this section. A deputy registrar collecting this twenty dollar | 62041 |
| fee shall retain fifty cents and send the remaining fee to the | 62042 |
| registrar as specified in division (I) of this section. | 62043 |
| (I) At the time and in the manner provided by section 4503.10 | 62044 |
| of the Revised Code, the deputy registrar shall transmit the fees | 62045 |
| collected under divisions (A), (B), (C), (D), and (E), those | 62046 |
| portions of the fees specified in and collected under division | 62047 |
| (F), and the additional fee under divisions (G) and (H) of this | 62048 |
| section to the registrar. The registrar shall pay two dollars and | 62049 |
| fifty cents of each fee collected under divisions (A), (B), | 62050 |
| (C)(1) and (2), (D), and (E)(1) to (4) of this section, and the | 62051 |
| entire fee collected under division (E)(5) of this section, into | 62052 |
| the state highway safety fund established in section 4501.06 of | 62053 |
| the Revised Code, and such fees shall be used for the sole | 62054 |
| purpose of supporting driver licensing activities. The registrar | 62055 |
| also shall pay five dollars of each fee collected under division | 62056 |
| (C)(2) of this section and the entire fee collected under | 62057 |
| divisions (G) and (H) of this section into the state highway | 62058 |
| safety fund created in section 4501.06 of the Revised Code. The | 62059 |
| remaining fees collected by the registrar under this section | 62060 |
| shall be paid into the state bureau of motor vehicles fund | 62061 |
| established in section 4501.25 of the Revised Code. | 62062 |
| (J) A disabled veteran who has a service-connected disability | 62063 |
| rated at one hundred per cent by the veterans' administration may | 62064 |
| apply to the registrar or a deputy registrar for the issuance to | 62065 |
| that veteran, without the payment of any fee prescribed in this | 62066 |
| section, of any of the following items: | 62067 |
| (1) A temporary instruction permit and examination; | 62068 |
| (2) A new, renewal, or duplicate driver's or commercial | 62069 |
| driver's license; | 62070 |
| (3) A motorcycle operator's endorsement; | 62071 |
| (4) A motorized bicycle license or duplicate thereof; | 62072 |
| (5) The fee established in division (H) of this section; | 62073 |
| (6) Lamination of a driver's license, motorized bicycle | 62074 |
| license, or temporary instruction permit identification card as | 62075 |
| provided in division (F) of this section, if the circumstances | 62076 |
| specified in division (J)(6) of this section are met. | 62077 |
| A disabled veteran whose driver's license, motorized bicycle | 62078 |
| license, or temporary instruction permit identification card is | 62079 |
| laminated by the registrar or deputy registrar is not required to | 62080 |
| pay the registrar any lamination fee. | 62081 |
| An application made under division (J) of this section shall | 62082 |
| be accompanied by such documentary evidence of disability as the | 62083 |
| registrar may require by rule. | 62084 |
| Sec. 4507.24. (A) Except as provided in division (C) of this | 62085 |
| section, the registrar of motor vehicles or a deputy registrar | 62086 |
| may collect a fee not to exceed the following: | 62087 |
| (1) Four dollars and fifty cents commencing on January 1, | 62088 |
| 2004, and six dollars and twenty-five cents commencing on October | 62089 |
| 1, 2009, for each application for renewal of a driver's license | 62090 |
| received by the deputy registrar, when the applicant is required | 62091 |
| to submit to a screening of the applicant's vision under section | 62092 |
| 4507.12 of the Revised Code; | 62093 |
| (2) Three dollars and fifty cents commencing on January 1, | 62094 |
| 2004, for each application for a driver's license, or motorized | 62095 |
| bicycle license, or for renewal of such a license, received by the | 62096 |
| deputy registrar, when the applicant is not required to submit to | 62097 |
| a screening of the applicant's vision under section 4507.12 of the | 62098 |
| Revised Code. | 62099 |
| (B) The fees prescribed by division (A) of this section shall | 62100 |
| be in addition to the fee for a temporary instruction permit and | 62101 |
| examination, a driver's license, a motorized bicycle license, or | 62102 |
| duplicates thereof. The fees retained by a deputy registrar shall | 62103 |
| compensate the deputy registrar for the deputy registrar's | 62104 |
| services, for office and rental expense, and for costs as provided | 62105 |
| in division (D) of this section, as are necessary for the proper | 62106 |
| discharge of the deputy registrar's duties under sections 4507.01 | 62107 |
| to 4507.39 of the Revised Code. | 62108 |
| (C) A disabled veteran who has a service-connected disability | 62109 |
| rated at one hundred per cent by the veterans' administration is | 62110 |
| required to pay the applicable fee prescribed in division (A) of | 62111 |
| this section if the disabled veteran submits an application for a | 62112 |
| driver's license or motorized bicycle license or a renewal of | 62113 |
| either of these licenses to a deputy registrar who is acting as a | 62114 |
| deputy registrar pursuant to a contract with the registrar that is | 62115 |
| in effect on the effective date of this amendment. The disabled | 62116 |
| veteran also is required to submit with the disabled veteran's | 62117 |
| application such documentary evidence of disability as the | 62118 |
| registrar may require by rule. | 62119 |
| A disabled veteran who submits an application described in | 62120 |
| this division is not required to pay either of the fees prescribed | 62121 |
| in division (A) of this section if the disabled veteran submits | 62122 |
| the application to a deputy registrar who is acting as a deputy | 62123 |
| registrar pursuant to a contract with the registrar that is | 62124 |
| executed after the effective date of this amendment. The disabled | 62125 |
| veteran still is required to submit with the disabled veteran's | 62126 |
| application such documentary evidence of disability as the | 62127 |
| registrar may require by rule. | 62128 |
| A disabled veteran who submits an application described in | 62129 |
| this division directly to the registrar is not required to pay | 62130 |
| either of the fees prescribed in division (A) of this section if | 62131 |
| the disabled veteran submits with the disabled veteran's | 62132 |
| application such documentary evidence of disability as the | 62133 |
| registrar may require by rule. | 62134 |
| (D)(1) Each deputy registrar shall transmit to the registrar | 62135 |
| of motor vehicles, at such time and in such manner as the | 62136 |
| registrar shall require by rule, an amount of each fee collected | 62137 |
| under division (A)(1) of this section as shall be determined by | 62138 |
| the registrar. The registrar shall pay all such moneys so | 62139 |
| received into the state bureau of motor vehicles fund created in | 62140 |
| section 4501.25 of the Revised Code. | 62141 |
| (2) Commencing on October 1, 2009, each deputy registrar | 62142 |
| shall transmit one dollar and seventy-five cents of each fee | 62143 |
| collected under division (A)(1) of this section to the registrar | 62144 |
| at the time and in the manner provided by section 4503.10 of the | 62145 |
| Revised Code. The registrar shall deposit all moneys received | 62146 |
| under division (D)(2) of this section into the state highway | 62147 |
| safety fund established in section 4501.06 of the Revised Code. | 62148 |
| Sec. 4507.45. If a person's driver's license, commercial | 62149 |
| driver's license, or nonresident operating privilege is suspended, | 62150 |
| disqualified, or canceled for an indefinite period of time or for | 62151 |
| a period of at least ninety days, and if at the end of the period | 62152 |
| of suspension, disqualification, or cancellation the person is | 62153 |
| eligible to have the license or privilege reinstated, the | 62154 |
| registrar of motor vehicles shall collect a reinstatement fee of | 62155 |
| 62156 | |
| However, the registrar shall not collect the fee prescribed by | 62157 |
| this section if a different driver's license, commercial driver's | 62158 |
| license, or nonresident operating privilege reinstatement fee is | 62159 |
| prescribed by law. | 62160 |
| The registrar shall deposit ten dollars of each forty-dollar | 62161 |
| fee into the state treasury to the credit of the indigent defense | 62162 |
| support fund created by section 120.08 of the Revised Code and | 62163 |
| thirty dollars of each fee into the state treasury to the credit | 62164 |
| of the state bureau of motor vehicles fund created by section | 62165 |
| 4501.25 of the Revised Code. | 62166 |
| Sec. 4509.101. (A)(1) No person shall operate, or permit the | 62167 |
| operation of, a motor vehicle in this state, unless proof of | 62168 |
| financial responsibility is maintained continuously throughout the | 62169 |
| registration period with respect to that vehicle, or, in the case | 62170 |
| of a driver who is not the owner, with respect to that driver's | 62171 |
| operation of that vehicle. | 62172 |
| (2) Whoever violates division (A)(1) of this section shall be | 62173 |
| subject to the following civil penalties: | 62174 |
| (a) Subject to divisions (A)(2)(b) and (c) of this section, a | 62175 |
| class E suspension of the person's driver's license, commercial | 62176 |
| driver's license, temporary instruction permit, probationary | 62177 |
| license, or nonresident operating privilege for the period of time | 62178 |
| specified in division (B)(5) of section 4510.02 of the Revised | 62179 |
| Code and impoundment of the person's license. The court may grant | 62180 |
| limited driving privileges to the person only if the person | 62181 |
| presents proof of financial responsibility and has complied with | 62182 |
| division (A)(5) of this section. | 62183 |
| (b) If, within five years of the violation, the person's | 62184 |
| operating privileges are again suspended and the person's license | 62185 |
| again is impounded for a violation of division (A)(1) of this | 62186 |
| section, a class C suspension of the person's driver's license, | 62187 |
| commercial driver's license, temporary instruction permit, | 62188 |
| probationary license, or nonresident operating privilege for the | 62189 |
| period of time specified in division (B)(3) of section 4510.02 of | 62190 |
| the Revised Code. The court may grant limited driving privileges | 62191 |
| to the person only if the person presents proof of financial | 62192 |
| responsibility and has complied with division (A)(5) of this | 62193 |
| section, and no court may grant limited driving privileges for the | 62194 |
| first fifteen days of the suspension. | 62195 |
| (c) If, within five years of the violation, the person's | 62196 |
| operating privileges are suspended and the person's license is | 62197 |
| impounded two or more times for a violation of division (A)(1) of | 62198 |
| this section, a class B suspension of the person's driver's | 62199 |
| license, commercial driver's license, temporary instruction | 62200 |
| permit, probationary license, or nonresident operating privilege | 62201 |
| for the period of time specified in division (B)(2) of section | 62202 |
| 4510.02 of the Revised Code. No court may grant limited driving | 62203 |
| privileges during the suspension. | 62204 |
| (d) In addition to the suspension of an owner's license under | 62205 |
| division (A)(2)(a), (b), or (c) of this section, the suspension of | 62206 |
| the rights of the owner to register the motor vehicle and the | 62207 |
| impoundment of the owner's certificate of registration and license | 62208 |
| plates until the owner complies with division (A)(5) of this | 62209 |
| section. | 62210 |
| (3) A person to whom this state has issued a certificate of | 62211 |
| registration for a motor vehicle or a license to operate a motor | 62212 |
| vehicle or who is determined to have operated any motor vehicle or | 62213 |
| permitted the operation in this state of a motor vehicle owned by | 62214 |
| the person shall be required to verify the existence of proof of | 62215 |
| financial responsibility covering the operation of the motor | 62216 |
| vehicle or the person's operation of the motor vehicle under any | 62217 |
| of the following circumstances: | 62218 |
| (a) The person or a motor vehicle owned by the person is | 62219 |
| involved in a traffic accident that requires the filing of an | 62220 |
| accident report under section 4509.06 of the Revised Code. | 62221 |
| (b) The person receives a traffic ticket indicating that | 62222 |
| proof of the maintenance of financial responsibility was not | 62223 |
| produced upon the request of a peace officer or state highway | 62224 |
| patrol trooper made in accordance with division (D)(2) of this | 62225 |
| section. | 62226 |
| (c) Whenever, in accordance with rules adopted by the | 62227 |
| registrar, the person is randomly selected by the registrar and | 62228 |
| requested to provide such verification. | 62229 |
| (4) An order of the registrar that suspends and impounds a | 62230 |
| license or registration, or both, shall state the date on or | 62231 |
| before which the person is required to surrender the person's | 62232 |
| license or certificate of registration and license plates. The | 62233 |
| person is deemed to have surrendered the license or certificate of | 62234 |
| registration and license plates, in compliance with the order, if | 62235 |
| the person does either of the following: | 62236 |
| (a) On or before the date specified in the order, personally | 62237 |
| delivers the license or certificate of registration and license | 62238 |
| plates, or causes the delivery of the items, to the registrar; | 62239 |
| (b) Mails the license or certificate of registration and | 62240 |
| license plates to the registrar in an envelope or container | 62241 |
| bearing a postmark showing a date no later than the date specified | 62242 |
| in the order. | 62243 |
| (5) Except as provided in division (A)(6) or (L) of this | 62244 |
| section, the registrar shall not restore any operating privileges | 62245 |
| or registration rights suspended under this section, return any | 62246 |
| license, certificate of registration, or license plates impounded | 62247 |
| under this section, or reissue license plates under section | 62248 |
| 4503.232 of the Revised Code, if the registrar destroyed the | 62249 |
| impounded license plates under that section, or reissue a license | 62250 |
| under section 4510.52 of the Revised Code, if the registrar | 62251 |
| destroyed the suspended license under that section, unless the | 62252 |
| rights are not subject to suspension or revocation under any other | 62253 |
| law and unless the person, in addition to complying with all other | 62254 |
| conditions required by law for reinstatement of the operating | 62255 |
| privileges or registration rights, complies with all of the | 62256 |
| following: | 62257 |
| (a) Pays a financial responsibility reinstatement fee of | 62258 |
| 62259 | |
|
division (A)(1)
of
this section, | 62260 |
|
for a second violation
of
that division, and | 62261 |
| dollars for a third or subsequent violation of that division; | 62262 |
| (b) If the person has not voluntarily surrendered the | 62263 |
| license, certificate, or license plates in compliance with the | 62264 |
| order, pays a financial responsibility nonvoluntary compliance fee | 62265 |
| in an amount, not to exceed fifty dollars, determined by the | 62266 |
| registrar; | 62267 |
| (c) Files and continuously maintains proof of financial | 62268 |
| responsibility under sections 4509.44 to 4509.65 of the Revised | 62269 |
| Code. | 62270 |
| (6) If the registrar issues an order under division (A)(2) of | 62271 |
| this section resulting from the failure of a person to respond to | 62272 |
| a financial responsibility random verification request under | 62273 |
| division (A)(3)(c) of this section and the person successfully | 62274 |
| maintains an affirmative defense to a violation of section 4510.16 | 62275 |
| of the Revised Code or is determined by the registrar or a deputy | 62276 |
| registrar to have been in compliance with division (A)(1) of this | 62277 |
| section at the time of the initial financial responsibility random | 62278 |
| verification request, the registrar shall do both of the | 62279 |
| following: | 62280 |
| (a) Terminate the order of suspension or impoundment; | 62281 |
| (b) Restore the operating privileges and registration rights | 62282 |
| of the person without payment of the fees established in divisions | 62283 |
| (A)(5)(a) and (b) of this section and without a requirement to | 62284 |
| file proof of financial responsibility. | 62285 |
| (B)(1) Every party required to file an accident report under | 62286 |
| section 4509.06 of the Revised Code also shall include with the | 62287 |
| report a document described in division (G)(1) of this section. | 62288 |
| If the registrar determines, within forty-five days after the | 62289 |
| report is filed, that an operator or owner has violated division | 62290 |
| (A)(1) of this section, the registrar shall do all of the | 62291 |
| following: | 62292 |
| (a) Order the impoundment, with respect to the motor vehicle | 62293 |
| involved, required under division (A)(2)(d) of this section, of | 62294 |
| the certificate of registration and license plates of any owner | 62295 |
| who has violated division (A)(1) of this section; | 62296 |
| (b) Order the suspension required under division (A)(2)(a), | 62297 |
| (b), or (c) of this section of the license of any operator or | 62298 |
| owner who has violated division (A)(1) of this section; | 62299 |
| (c) Record the name and address of the person whose | 62300 |
| certificate of registration and license plates have been impounded | 62301 |
| or are under an order of impoundment, or whose license has been | 62302 |
| suspended or is under an order of suspension; the serial number of | 62303 |
| the person's license; the serial numbers of the person's | 62304 |
| certificate of registration and license plates; and the person's | 62305 |
| social security account number, if assigned, or, where the motor | 62306 |
| vehicle is used for hire or principally in connection with any | 62307 |
| established business, the person's federal taxpayer identification | 62308 |
| number. The information shall be recorded in such a manner that it | 62309 |
| becomes a part of the person's permanent record, and assists the | 62310 |
| registrar in monitoring compliance with the orders of suspension | 62311 |
| or impoundment. | 62312 |
| (d) Send written notification to every person to whom the | 62313 |
| order pertains, at the person's last known address as shown on the | 62314 |
| records of the bureau. The person, within ten days after the date | 62315 |
| of the mailing of the notification, shall surrender to the | 62316 |
| registrar, in a manner set forth in division (A)(4) of this | 62317 |
| section, any certificate of registration and registration plates | 62318 |
| under an order of impoundment, or any license under an order of | 62319 |
| suspension. | 62320 |
| (2) The registrar shall issue any order under division (B)(1) | 62321 |
| of this section without a hearing. Any person adversely affected | 62322 |
| by the order, within ten days after the issuance of the order, may | 62323 |
| request an administrative hearing before the registrar, who shall | 62324 |
| provide the person with an opportunity for a hearing in accordance | 62325 |
| with this paragraph. A request for a hearing does not operate as a | 62326 |
| suspension of the order. The scope of the hearing shall be limited | 62327 |
| to whether the person in fact demonstrated to the registrar proof | 62328 |
| of financial responsibility in accordance with this section. The | 62329 |
| registrar shall determine the date, time, and place of any | 62330 |
| hearing, provided that the hearing shall be held, and an order | 62331 |
| issued or findings made, within thirty days after the registrar | 62332 |
| receives a request for a hearing. If requested by the person in | 62333 |
| writing, the registrar may designate as the place of hearing the | 62334 |
| county seat of the county in which the person resides or a place | 62335 |
| within fifty miles of the person's residence. The person shall pay | 62336 |
| the cost of the hearing before the registrar, if the registrar's | 62337 |
| order of suspension or impoundment is upheld. | 62338 |
| (C) Any order of suspension or impoundment issued under this | 62339 |
| section or division (B) of section 4509.37 of the Revised Code may | 62340 |
| be terminated at any time if the registrar determines upon a | 62341 |
| showing of proof of financial responsibility that the operator or | 62342 |
| owner of the motor vehicle was in compliance with division (A)(1) | 62343 |
| of this section at the time of the traffic offense, motor vehicle | 62344 |
| inspection, or accident that resulted in the order against the | 62345 |
| person. A determination may be made without a hearing. This | 62346 |
| division does not apply unless the person shows good cause for the | 62347 |
| person's failure to present satisfactory proof of financial | 62348 |
| responsibility to the registrar prior to the issuance of the | 62349 |
| order. | 62350 |
| (D)(1) For the purpose of enforcing this section, every peace | 62351 |
| officer is deemed an agent of the registrar. | 62352 |
| (a) Except as provided in division (D)(1)(b) of this section, | 62353 |
| any peace officer who, in the performance of the peace officer's | 62354 |
| duties as authorized by law, becomes aware of a person whose | 62355 |
| license is under an order of suspension, or whose certificate of | 62356 |
| registration and license plates are under an order of impoundment, | 62357 |
| pursuant to this section, may confiscate the license, certificate | 62358 |
| of registration, and license plates, and return them to the | 62359 |
| registrar. | 62360 |
| (b) Any peace officer who, in the performance of the peace | 62361 |
| officer's duties as authorized by law, becomes aware of a person | 62362 |
| whose license is under an order of suspension, or whose | 62363 |
| certificate of registration and license plates are under an order | 62364 |
| of impoundment resulting from failure to respond to a financial | 62365 |
| responsibility random verification, shall not, for that reason, | 62366 |
| arrest the owner or operator or seize the vehicle or license | 62367 |
| plates. Instead, the peace officer shall issue a citation for a | 62368 |
| violation of section 4510.16 of the Revised Code specifying the | 62369 |
| circumstances as failure to respond to a financial responsibility | 62370 |
| random verification. | 62371 |
| (2) A peace officer shall request the owner or operator of a | 62372 |
| motor vehicle to produce proof of financial responsibility in a | 62373 |
| manner described in division (G) of this section at the time the | 62374 |
| peace officer acts to enforce the traffic laws of this state and | 62375 |
| during motor vehicle inspections conducted pursuant to section | 62376 |
| 4513.02 of the Revised Code. | 62377 |
| (3) A peace officer shall indicate on every traffic ticket | 62378 |
| whether the person receiving the traffic ticket produced proof of | 62379 |
| the maintenance of financial responsibility in response to the | 62380 |
| officer's request under division (D)(2) of this section. The | 62381 |
| peace officer shall inform every person who receives a traffic | 62382 |
| ticket and who has failed to produce proof of the maintenance of | 62383 |
| financial responsibility that the person must submit proof to the | 62384 |
| traffic violations bureau with any payment of a fine and costs for | 62385 |
| the ticketed violation or, if the person is to appear in court for | 62386 |
| the violation, the person must submit proof to the court. | 62387 |
| (4)(a) If a person who has failed to produce proof of the | 62388 |
| maintenance of financial responsibility appears in court for a | 62389 |
| ticketed violation, the court may permit the defendant to present | 62390 |
| evidence of proof of financial responsibility to the court at such | 62391 |
| time and in such manner as the court determines to be necessary or | 62392 |
| appropriate. In a manner prescribed by the registrar, the clerk of | 62393 |
| courts shall provide the registrar with the identity of any person | 62394 |
| who fails to submit proof of the maintenance of financial | 62395 |
| responsibility pursuant to division (D)(3) of this section. | 62396 |
| (b) If a person who has failed to produce proof of the | 62397 |
| maintenance of financial responsibility also fails to submit that | 62398 |
| proof to the traffic violations bureau with payment of a fine and | 62399 |
| costs for the ticketed violation, the traffic violations bureau, | 62400 |
| in a manner prescribed by the registrar, shall notify the | 62401 |
| registrar of the identity of that person. | 62402 |
| (5)(a) Upon receiving notice from a clerk of courts or | 62403 |
| traffic violations bureau pursuant to division (D)(4) of this | 62404 |
| section, the registrar shall order the suspension of the license | 62405 |
| of the person required under division (A)(2)(a), (b), or (c) of | 62406 |
| this section and the impoundment of the person's certificate of | 62407 |
| registration and license plates required under division (A)(2)(d) | 62408 |
| of this section, effective thirty days after the date of the | 62409 |
| mailing of notification. The registrar also shall notify the | 62410 |
| person that the person must present the registrar with proof of | 62411 |
| financial responsibility in accordance with this section, | 62412 |
| surrender to the registrar the person's certificate of | 62413 |
| registration, license plates, and license, or submit a statement | 62414 |
| subject to section 2921.13 of the Revised Code that the person did | 62415 |
| not operate or permit the operation of the motor vehicle at the | 62416 |
| time of the offense. Notification shall be in writing and shall | 62417 |
| be sent to the person at the person's last known address as shown | 62418 |
| on the records of the bureau of motor vehicles. The person, within | 62419 |
| fifteen days after the date of the mailing of notification, shall | 62420 |
| present proof of financial responsibility, surrender the | 62421 |
| certificate of registration, license plates, and license to the | 62422 |
| registrar in a manner set forth in division (A)(4) of this | 62423 |
| section, or submit the statement required under this section | 62424 |
| together with other information the person considers appropriate. | 62425 |
| If the registrar does not receive proof or the person does | 62426 |
| not surrender the certificate of registration, license plates, and | 62427 |
| license, in accordance with this division, the registrar shall | 62428 |
| permit the order for the suspension of the license of the person | 62429 |
| and the impoundment of the person's certificate of registration | 62430 |
| and license plates to take effect. | 62431 |
| (b) In the case of a person who presents, within the | 62432 |
| fifteen-day period, documents to show proof of financial | 62433 |
| responsibility, the registrar shall terminate the order of | 62434 |
| suspension and the impoundment of the registration and license | 62435 |
| plates required under division (A)(2)(d) of this section and shall | 62436 |
| send written notification to the person, at the person's last | 62437 |
| known address as shown on the records of the bureau. | 62438 |
| (c) Any person adversely affected by the order of the | 62439 |
| registrar under division (D)(5)(a) or (b) of this section, within | 62440 |
| ten days after the issuance of the order, may request an | 62441 |
| administrative hearing before the registrar, who shall provide the | 62442 |
| person with an opportunity for a hearing in accordance with this | 62443 |
| paragraph. A request for a hearing does not operate as a | 62444 |
| suspension of the order. The scope of the hearing shall be limited | 62445 |
| to whether, at the time of the hearing, the person presents proof | 62446 |
| of financial responsibility covering the vehicle and whether the | 62447 |
| person is eligible for an exemption in accordance with this | 62448 |
| section or any rule adopted under it. The registrar shall | 62449 |
| determine the date, time, and place of any hearing; provided, that | 62450 |
| the hearing shall be held, and an order issued or findings made, | 62451 |
| within thirty days after the registrar receives a request for a | 62452 |
| hearing. If requested by the person in writing, the registrar may | 62453 |
| designate as the place of hearing the county seat of the county in | 62454 |
| which the person resides or a place within fifty miles of the | 62455 |
| person's residence. Such person shall pay the cost of the hearing | 62456 |
| before the registrar, if the registrar's order of suspension or | 62457 |
| impoundment under division (D)(5)(a) or (b) of this section is | 62458 |
| upheld. | 62459 |
| (6) A peace officer may charge an owner or operator of a | 62460 |
| motor vehicle with a violation of section 4510.16 of the Revised | 62461 |
| Code when the owner or operator fails to show proof of the | 62462 |
| maintenance of financial responsibility pursuant to a peace | 62463 |
| officer's request under division (D)(2) of this section, if a | 62464 |
| check of the owner or operator's driving record indicates that the | 62465 |
| owner or operator, at the time of the operation of the motor | 62466 |
| vehicle, is required to file and maintain proof of financial | 62467 |
| responsibility under section 4509.45 of the Revised Code for a | 62468 |
| previous violation of this chapter. | 62469 |
| (7) Any forms used by law enforcement agencies in | 62470 |
| administering this section shall be prescribed, supplied, and paid | 62471 |
| for by the registrar. | 62472 |
| (8) No peace officer, law enforcement agency employing a | 62473 |
| peace officer, or political subdivision or governmental agency | 62474 |
| that employs a peace officer shall be liable in a civil action for | 62475 |
| damages or loss to persons arising out of the performance of any | 62476 |
| duty required or authorized by this section. | 62477 |
| (9) As used in this division and divisions (E) and (G) of | 62478 |
| this section, "peace officer" has the meaning set forth in section | 62479 |
| 2935.01 of the Revised Code. | 62480 |
| (E) All fees, except court costs and those portions of the | 62481 |
| financial responsibility reinstatement fees as otherwise specified | 62482 |
| in this division, collected under this section shall be paid into | 62483 |
| the state treasury to the credit of the financial responsibility | 62484 |
| compliance fund. The financial responsibility compliance fund | 62485 |
| shall be used exclusively to cover costs incurred by the bureau in | 62486 |
| the administration of this section and sections 4503.20, 4507.212, | 62487 |
| and 4509.81 of the Revised Code, and by any law enforcement agency | 62488 |
| employing any peace officer who returns any license, certificate | 62489 |
| of registration, and license plates to the registrar pursuant to | 62490 |
| division (C) of this section, except that the director of budget | 62491 |
| and management may transfer excess money from the financial | 62492 |
| responsibility compliance fund to the state bureau of motor | 62493 |
| vehicles fund if the registrar determines that the amount of money | 62494 |
| in the financial responsibility compliance fund exceeds the amount | 62495 |
| required to cover such costs incurred by the bureau or a law | 62496 |
| enforcement agency and requests the director to make the transfer. | 62497 |
| Of each financial responsibility reinstatement fee the | 62498 |
| registrar collects pursuant to division (A)(5)(a) of this section, | 62499 |
| the registrar shall deposit twenty-five dollars of each | 62500 |
| one-hundred-dollar reinstatement fee, fifty dollars of each | 62501 |
| three-hundred-dollar reinstatement fee, and one hundred dollars of | 62502 |
| each six-hundred-dollar reinstatement fee into the state treasury | 62503 |
| to the credit of the indigent defense support fund created by | 62504 |
| section 120.08 of the Revised Code. | 62505 |
| All investment earnings of the financial responsibility | 62506 |
| compliance fund shall be credited to the fund. | 62507 |
| (F) Chapter 119. of the Revised Code applies to this section | 62508 |
| only to the extent that any provision in that chapter is not | 62509 |
| clearly inconsistent with this section. | 62510 |
| (G)(1) The registrar, court, traffic violations bureau, or | 62511 |
| peace officer may require proof of financial responsibility to be | 62512 |
| demonstrated by use of a standard form prescribed by the | 62513 |
| registrar. If the use of a standard form is not required, a person | 62514 |
| may demonstrate proof of financial responsibility under this | 62515 |
| section by presenting to the traffic violations bureau, court, | 62516 |
| registrar, or peace officer any of the following documents or a | 62517 |
| copy of the documents: | 62518 |
| (a) A financial responsibility identification card as | 62519 |
| provided in section 4509.103 of the Revised Code; | 62520 |
| (b) A certificate of proof of financial responsibility on a | 62521 |
| form provided and approved by the registrar for the filing of an | 62522 |
| accident report required to be filed under section 4509.06 of the | 62523 |
| Revised Code; | 62524 |
| (c) A policy of liability insurance, a declaration page of a | 62525 |
| policy of liability insurance, or liability bond, if the policy or | 62526 |
| bond complies with section 4509.20 or sections 4509.49 to 4509.61 | 62527 |
| of the Revised Code; | 62528 |
| (d) A bond or certification of the issuance of a bond as | 62529 |
| provided in section 4509.59 of the Revised Code; | 62530 |
| (e) A certificate of deposit of money or securities as | 62531 |
| provided in section 4509.62 of the Revised Code; | 62532 |
| (f) A certificate of self-insurance as provided in section | 62533 |
| 4509.72 of the Revised Code. | 62534 |
| (2) If a person fails to demonstrate proof of financial | 62535 |
| responsibility in a manner described in division (G)(1) of this | 62536 |
| section, the person may demonstrate proof of financial | 62537 |
| responsibility under this section by any other method that the | 62538 |
| court or the bureau, by reason of circumstances in a particular | 62539 |
| case, may consider appropriate. | 62540 |
| (3) A motor carrier certificated by the interstate commerce | 62541 |
| commission or by the public utilities commission may demonstrate | 62542 |
| proof of financial responsibility by providing a statement | 62543 |
| designating the motor carrier's operating authority and averring | 62544 |
| that the insurance coverage required by the certificating | 62545 |
| authority is in full force and effect. | 62546 |
| (4)(a) A finding by the registrar or court that a person is | 62547 |
| covered by proof of financial responsibility in the form of an | 62548 |
| insurance policy or surety bond is not binding upon the named | 62549 |
| insurer or surety or any of its officers, employees, agents, or | 62550 |
| representatives and has no legal effect except for the purpose of | 62551 |
| administering this section. | 62552 |
| (b) The preparation and delivery of a financial | 62553 |
| responsibility identification card or any other document | 62554 |
| authorized to be used as proof of financial responsibility under | 62555 |
| this division does not do any of the following: | 62556 |
| (i) Create any liability or estoppel against an insurer or | 62557 |
| surety, or any of its officers, employees, agents, or | 62558 |
| representatives; | 62559 |
| (ii) Constitute an admission of the existence of, or of any | 62560 |
| liability or coverage under, any policy or bond; | 62561 |
| (iii) Waive any defenses or counterclaims available to an | 62562 |
| insurer, surety, agent, employee, or representative in an action | 62563 |
| commenced by an insured or third-party claimant upon a cause of | 62564 |
| action alleged to have arisen under an insurance policy or surety | 62565 |
| bond or by reason of the preparation and delivery of a document | 62566 |
| for use as proof of financial responsibility. | 62567 |
| (c) Whenever it is determined by a final judgment in a | 62568 |
| judicial proceeding that an insurer or surety, which has been | 62569 |
| named on a document accepted by a court or the registrar as proof | 62570 |
| of financial responsibility covering the operation of a motor | 62571 |
| vehicle at the time of an accident or offense, is not liable to | 62572 |
| pay a judgment for injuries or damages resulting from such | 62573 |
| operation, the registrar, notwithstanding any previous contrary | 62574 |
| finding, shall forthwith suspend the operating privileges and | 62575 |
| registration rights of the person against whom the judgment was | 62576 |
| rendered as provided in division (A)(2) of this section. | 62577 |
| (H) In order for any document described in division (G)(1)(b) | 62578 |
| of this section to be used for the demonstration of proof of | 62579 |
| financial responsibility under this section, the document shall | 62580 |
| state the name of the insured or obligor, the name of the insurer | 62581 |
| or surety company, and the effective and expiration dates of the | 62582 |
| financial responsibility, and designate by explicit description or | 62583 |
| by appropriate reference all motor vehicles covered which may | 62584 |
| include a reference to fleet insurance coverage. | 62585 |
| (I) For purposes of this section, "owner" does not include a | 62586 |
| licensed motor vehicle leasing dealer as defined in section | 62587 |
| 4517.01 of the Revised Code, but does include a motor vehicle | 62588 |
| renting dealer as defined in section 4549.65 of the Revised Code. | 62589 |
| Nothing in this section or in section 4509.51 of the Revised Code | 62590 |
| shall be construed to prohibit a motor vehicle renting dealer from | 62591 |
| entering into a contractual agreement with a person whereby the | 62592 |
| person renting the motor vehicle agrees to be solely responsible | 62593 |
| for maintaining proof of financial responsibility, in accordance | 62594 |
| with this section, with respect to the operation, maintenance, or | 62595 |
| use of the motor vehicle during the period of the motor vehicle's | 62596 |
| rental. | 62597 |
| (J) The purpose of this section is to require the maintenance | 62598 |
| of proof of financial responsibility with respect to the operation | 62599 |
| of motor vehicles on the highways of this state, so as to minimize | 62600 |
| those situations in which persons are not compensated for injuries | 62601 |
| and damages sustained in motor vehicle accidents. The general | 62602 |
| assembly finds that this section contains reasonable civil | 62603 |
| penalties and procedures for achieving this purpose. | 62604 |
| (K) Nothing in this section shall be construed to be subject | 62605 |
| to section 4509.78 of the Revised Code. | 62606 |
| (L)(1) The registrar may terminate any suspension imposed | 62607 |
| under this section and not require the owner to comply with | 62608 |
| divisions (A)(5)(a), (b), and (c) of this section if the registrar | 62609 |
| with or without a hearing determines that the owner of the vehicle | 62610 |
| has established by clear and convincing evidence that all of the | 62611 |
| following apply: | 62612 |
| (a) The owner customarily maintains proof of financial | 62613 |
| responsibility. | 62614 |
| (b) Proof of financial responsibility was not in effect for | 62615 |
| the vehicle on the date in question for one of the following | 62616 |
| reasons: | 62617 |
| (i) The vehicle was inoperable. | 62618 |
| (ii) The vehicle is operated only seasonally, and the date in | 62619 |
| question was outside the season of operation. | 62620 |
| (iii) A person other than the vehicle owner or driver was at | 62621 |
| fault for the lapse of proof of financial responsibility through | 62622 |
| no fault of the owner or driver. | 62623 |
| (iv) The lapse of proof of financial responsibility was | 62624 |
| caused by excusable neglect under circumstances that are not | 62625 |
| likely to recur and do not suggest a purpose to evade the | 62626 |
| requirements of this chapter. | 62627 |
| (2) The registrar may grant an owner or driver relief for a | 62628 |
| reason specified in division (L)(1)(b)(i) or (ii) of this section | 62629 |
| whenever the owner or driver is randomly selected to verify the | 62630 |
| existence of proof of financial responsibility for such a vehicle. | 62631 |
| However, the registrar may grant an owner or driver relief for a | 62632 |
| reason specified in division (L)(1)(b)(iii) or (iv) of this | 62633 |
| section only if the owner or driver has not previously been | 62634 |
| granted relief under division (L)(1)(b)(iii) or (iv) of this | 62635 |
| section. | 62636 |
| (M) The registrar shall adopt rules in accordance with | 62637 |
| Chapter 119. of the Revised Code that are necessary to administer | 62638 |
| and enforce this section. The rules shall include procedures for | 62639 |
| the surrender of license plates upon failure to maintain proof of | 62640 |
| financial responsibility and provisions relating to reinstatement | 62641 |
| of registration rights, acceptable forms of proof of financial | 62642 |
| responsibility, and verification of the existence of financial | 62643 |
| responsibility during the period of registration. | 62644 |
| Sec. 4510.11. (A) No person whose driver's or commercial | 62645 |
| driver's license or permit or nonresident operating privilege has | 62646 |
| been suspended under any provision of the Revised Code, other than | 62647 |
| Chapter 4509. of the Revised Code, or under any applicable law in | 62648 |
| any other jurisdiction in which the person's license or permit was | 62649 |
| issued shall operate any motor vehicle upon the public roads and | 62650 |
| highways or upon any public or private property used by the public | 62651 |
| for purposes of vehicular travel or parking within this state | 62652 |
| during the period of suspension unless the person is granted | 62653 |
| limited driving privileges and is operating the vehicle in | 62654 |
| accordance with the terms of the limited driving privileges. | 62655 |
| (B) No person shall operate any motor vehicle upon a highway | 62656 |
| or any public or private property used by the public for purposes | 62657 |
| of vehicular travel or parking in this state in violation of any | 62658 |
| restriction of the person's driver's or commercial driver's | 62659 |
| license or permit imposed under division (D) of section 4506.10 or | 62660 |
| under section 4507.14 of the Revised Code. | 62661 |
| (C)(1) | 62662 |
| of this section, whoever violates division (A) of this section is | 62663 |
|
guilty
of driving
under
suspension | 62664 |
| 62665 | |
| impose upon the offender a class seven suspension of the | 62666 |
| offender's driver's license, commercial driver's license, | 62667 |
| temporary instruction permit, probationary license, or nonresident | 62668 |
| operating privilege from the range specified in division (A)(7) of | 62669 |
| section 4510.02 of the Revised Code. | 62670 |
| (b) If the offender's driver's or commercial driver's license | 62671 |
| or permit or nonresident operating privilege has been suspended | 62672 |
| under section 3123.58 or 4510.22 of the Revised Code, a violation | 62673 |
| of division (A) of this section is an unclassified misdemeanor. | 62674 |
| The offender may be fined up to one thousand dollars and pursuant | 62675 |
| to division (B) of section 2929.27 of the Revised Code | 62676 |
| additionally may be ordered to serve a term of community service | 62677 |
| of up to five hundred hours. If the offender previously was | 62678 |
| convicted of or pleaded guilty to two or more violations of this | 62679 |
| section or a substantially equivalent municipal ordinance within | 62680 |
| the past three years, the offense is a misdemeanor of the first | 62681 |
| degree. | 62682 |
| (2) Whoever violates division (B) of this section is guilty | 62683 |
| of driving in violation of a license restriction, a misdemeanor of | 62684 |
| the first degree. | 62685 |
| (3) Except as provided in division (C) | 62686 |
| this section, the court, in addition to any other penalty that it | 62687 |
| imposes on the offender and if the vehicle is registered in the | 62688 |
| offender's name, shall order the immobilization of the vehicle | 62689 |
| involved in the offense for thirty days in accordance with section | 62690 |
| 4503.233 of the Revised Code and the impoundment of that vehicle's | 62691 |
| license plates for thirty days. | 62692 |
| | 62693 |
| pleaded guilty to one violation of this section or of a | 62694 |
| substantially similar municipal ordinance, the court, in addition | 62695 |
| to any other sentence that it imposes on the offender and if the | 62696 |
| vehicle is registered in the offender's name, shall order the | 62697 |
| immobilization of the vehicle involved in the offense for sixty | 62698 |
| days in accordance with section 4503.233 of the Revised Code and | 62699 |
| the impoundment of that vehicle's license plates for sixty days. | 62700 |
| | 62701 |
| pleaded guilty to two or more violations of this section or of a | 62702 |
| substantially similar municipal ordinance, the court, in addition | 62703 |
| to any other sentence that it imposes on the offender and if the | 62704 |
| vehicle is registered in the offender's name, shall order the | 62705 |
| criminal forfeiture of the vehicle involved in the offense to the | 62706 |
| state. | 62707 |
| (D) Any order for immobilization and impoundment under this | 62708 |
| section shall be issued and enforced under section 4503.233 of the | 62709 |
| Revised Code. The court shall not release a vehicle from | 62710 |
| immobilization ordered under this section unless the court is | 62711 |
| presented with current proof of financial responsibility with | 62712 |
| respect to that vehicle. | 62713 |
| (E) Any order of criminal forfeiture under this section shall | 62714 |
| be issued and enforced under section 4503.234 of the Revised Code. | 62715 |
| Upon receipt of the copy of the order from the court, neither the | 62716 |
| registrar of motor vehicles nor a deputy registrar shall accept | 62717 |
| any application for the registration or transfer of registration | 62718 |
| of any motor vehicle owned or leased by the person named in the | 62719 |
| declaration of forfeiture. The period of registration denial shall | 62720 |
| be five years after the date of the order, unless, during that | 62721 |
| period, the court having jurisdiction of the offense that led to | 62722 |
| the order terminates the forfeiture and notifies the registrar of | 62723 |
| the termination. The registrar then shall take necessary measures | 62724 |
| to permit the person to register a vehicle owned or leased by the | 62725 |
| person or to transfer registration of the vehicle. | 62726 |
| Sec. 4510.12. (A)(1) No person, except those expressly | 62727 |
| exempted under sections 4507.03, 4507.04, and 4507.05 of the | 62728 |
| Revised Code, shall operate any motor vehicle upon a public road | 62729 |
| or highway or any public or private property used by the public | 62730 |
| for purposes of vehicular travel or parking in this state unless | 62731 |
| the person has a valid driver's license issued under Chapter 4507. | 62732 |
| of the Revised Code or a commercial driver's license issued under | 62733 |
| Chapter 4506. of the Revised Code. | 62734 |
| (2) No person, except a person expressly exempted under | 62735 |
| sections 4507.03, 4507.04, and 4507.05 of the Revised Code, shall | 62736 |
| operate any motorcycle upon a public road or highway or any public | 62737 |
| or private property used by the public for purposes of vehicular | 62738 |
| travel or parking in this state unless the person has a valid | 62739 |
| license as a motorcycle operator that was issued upon application | 62740 |
| by the registrar of motor vehicles under Chapter 4507. of the | 62741 |
| Revised Code. The license shall be in the form of an endorsement, | 62742 |
| as determined by the registrar, upon a driver's or commercial | 62743 |
| driver's license, if the person has a valid license to operate a | 62744 |
| motor vehicle or commercial motor vehicle, or in the form of a | 62745 |
| restricted license as provided in section 4507.14 of the Revised | 62746 |
| Code, if the person does not have a valid license to operate a | 62747 |
| motor vehicle or commercial motor vehicle. | 62748 |
| (B) Whoever violates this section is guilty of operating a | 62749 |
| motor vehicle without a valid license and shall be punished as | 62750 |
| follows: | 62751 |
| (1) If the trier of fact finds that the offender never has | 62752 |
| held a valid driver's or commercial driver's license issued by | 62753 |
|
this state or any other jurisdiction, the offense is | 62754 |
|
unclassified misdemeanor | 62755 |
| fined up to one thousand dollars and pursuant to division (B) of | 62756 |
| section 2929.27 of the Revised Code additionally may be ordered to | 62757 |
| serve a term of community service of up to five hundred hours. | 62758 |
| (2)(a) Subject to division (B)(2)(b) of this section, if the | 62759 |
| offender's driver's or commercial driver's license or permit was | 62760 |
|
expired at the time of the offense | 62761 |
|
the offense is
a minor
misdemeanor | 62762 |
| 62763 | |
| 62764 | |
| 62765 |
| (b) | 62766 |
| 62767 | |
| 62768 | |
| 62769 |
| | 62770 |
| 62771 | |
| 62772 | |
| 62773 |
| | 62774 |
| guilty to three or more violations of this section or a | 62775 |
| substantially equivalent municipal ordinance within the past three | 62776 |
| years, the offense is a misdemeanor of the first degree. | 62777 |
| (C) The court shall not impose a license suspension for a | 62778 |
| first violation of this section or if more than three years have | 62779 |
| passed since the offender's last violation of this section or a | 62780 |
| substantially equivalent municipal ordinance. | 62781 |
| (D) If the offender was convicted of or pleaded guilty to one | 62782 |
| or more violations of this section or a substantially equivalent | 62783 |
| municipal ordinance within the past three years, and if the | 62784 |
| offender's license was expired for more than six months at the | 62785 |
| time of the offense, the court shall impose a class seven | 62786 |
| suspension of the offender's driver license, commercial driver's | 62787 |
| license, temporary instruction permit, probationary license, or | 62788 |
| nonresident operating privilege from the range specified in | 62789 |
| division (A)(7) of section 4510.02 of the Revised Code. | 62790 |
| Sec. 4510.16. (A) No person, whose driver's or commercial | 62791 |
| driver's license or temporary instruction permit or nonresident's | 62792 |
| operating privilege has been suspended or canceled pursuant to | 62793 |
| Chapter 4509. of the Revised Code, shall operate any motor vehicle | 62794 |
| within this state, or knowingly permit any motor vehicle owned by | 62795 |
| the person to be operated by another person in the state, during | 62796 |
| the period of the suspension or cancellation, except as | 62797 |
| specifically authorized by Chapter 4509. of the Revised Code. No | 62798 |
| person shall operate a motor vehicle within this state, or | 62799 |
| knowingly permit any motor vehicle owned by the person to be | 62800 |
| operated by another person in the state, during the period in | 62801 |
| which the person is required by section 4509.45 of the Revised | 62802 |
| Code to file and maintain proof of financial responsibility for a | 62803 |
| violation of section 4509.101 of the Revised Code, unless proof of | 62804 |
| financial responsibility is maintained with respect to that | 62805 |
| vehicle. | 62806 |
| (B)(1) Whoever violates this section is guilty of driving | 62807 |
|
under
financial responsibility law suspension or cancellation, | 62808 |
| an unclassified misdemeanor | 62809 |
| be fined up to one thousand dollars and pursuant to division (B) | 62810 |
| of section 2929.27 of the Revised Code additionally may be ordered | 62811 |
| to serve a term of community service of up to five hundred hours. | 62812 |
| If the offender previously was convicted of or pleaded guilty to | 62813 |
| two or more violations of this section or a substantially | 62814 |
| equivalent municipal ordinance within the past three years, the | 62815 |
| offense is a misdemeanor of the first degree. The court shall | 62816 |
| impose a class seven suspension of the offender's driver's or | 62817 |
| commercial driver's license or permit or nonresident operating | 62818 |
| privilege for the period of time specified in division (A)(7) of | 62819 |
| section 4510.02 of the Revised Code. | 62820 |
| (2) If the vehicle is registered in the offender's name and | 62821 |
| division (B)(3) of this section does not apply, the court, in | 62822 |
| addition to or independent of any other sentence that it imposes | 62823 |
| upon the offender, may order the immobilization for no more than | 62824 |
| thirty days of the vehicle involved in the offense and the | 62825 |
| impoundment for no more than thirty days of the license plates of | 62826 |
| that vehicle. | 62827 |
| (3) If the vehicle is registered in the offender's name and | 62828 |
| if, within five years of the offense, the offender has been | 62829 |
| convicted of or pleaded guilty to one violation of this section or | 62830 |
| a substantially similar municipal ordinance, the court, in | 62831 |
| addition to or independent of any other sentence that it imposes | 62832 |
| on the offender, shall order the immobilization for sixty days of | 62833 |
| the vehicle involved in the offense and impoundment for sixty days | 62834 |
| of the license plates of that vehicle. | 62835 |
| If the vehicle is registered in the offender's name and if, | 62836 |
| within five years of the offense, the offender has been convicted | 62837 |
| of or pleaded guilty to two or more violations of this section or | 62838 |
| a substantially similar municipal ordinance, the court, in | 62839 |
| addition to or independent of any other sentence that it imposes | 62840 |
| upon the offender, shall order the criminal forfeiture to the | 62841 |
| state of the vehicle involved in the offense. If title to a motor | 62842 |
| vehicle that is subject to an order for criminal forfeiture under | 62843 |
| this division is assigned or transferred and division (B)(2) or | 62844 |
| (3) of section 4503.234 of the Revised Code applies, in addition | 62845 |
| to or independent of any other penalty established by law, the | 62846 |
| court may fine the offender the value of the vehicle as determined | 62847 |
| by publications of the national auto dealers association. The | 62848 |
| proceeds from any fine so imposed shall be distributed in | 62849 |
| accordance with division (C)(2) of that section. | 62850 |
| (C) Any order for immobilization and impoundment under this | 62851 |
| section shall be issued and enforced in accordance with sections | 62852 |
| 4503.233 and 4507.02 of the Revised Code, as applicable. Any order | 62853 |
| of criminal forfeiture shall be issued and enforced in accordance | 62854 |
| with section 4503.234 of the Revised Code. The court shall not | 62855 |
| release a vehicle from immobilization orders under this section | 62856 |
| unless the court is presented with current proof of financial | 62857 |
| responsibility with respect to that vehicle. | 62858 |
| Sec. 4510.22. (A) If a person who has a current valid Ohio | 62859 |
| driver's, commercial driver's license, or temporary instruction | 62860 |
| permit is charged with a violation of any provision in sections | 62861 |
| 4511.01 to 4511.76, 4511.84, 4513.01 to 4513.65, or 4549.01 to | 62862 |
| 4549.65 of the Revised Code that is classified as a misdemeanor of | 62863 |
| the first, second, third, or fourth degree or with a violation of | 62864 |
| any substantially equivalent municipal ordinance and if the person | 62865 |
| either fails to appear in court at the required time and place to | 62866 |
| answer the charge or pleads guilty to or is found guilty of the | 62867 |
| violation and fails within the time allowed by the court to pay | 62868 |
| the fine imposed by the court, the court shall declare the | 62869 |
| forfeiture of the person's license. Thirty days after the | 62870 |
| declaration of forfeiture, the court shall inform the registrar of | 62871 |
| motor vehicles of the forfeiture by entering information relative | 62872 |
| to the of forfeiture on a form approved and furnished by the | 62873 |
| registrar and sending the form to the registrar. The court also | 62874 |
| shall forward the person's license, if it is in the possession of | 62875 |
| the court, to the registrar. | 62876 |
| The registrar shall impose a class F suspension of the | 62877 |
| person's driver's or commercial driver's license, or temporary | 62878 |
| instruction permit for the period of time specified in division | 62879 |
| (B)(6) of section 4510.02 of the Revised Code on any person who is | 62880 |
| named in a declaration received by the registrar under this | 62881 |
| section. The registrar shall send written notification of the | 62882 |
| suspension to the person at the person's last known address and, | 62883 |
| if the person is in possession of the license, order the person to | 62884 |
| surrender the person's license or permit to the registrar within | 62885 |
| forty-eight hours. | 62886 |
| No valid driver's or commercial driver's license shall be | 62887 |
| granted to the person after the suspension, unless the court | 62888 |
| having jurisdiction of the offense that led to the suspension | 62889 |
| orders that the forfeiture be terminated. The court shall order | 62890 |
| the termination of the forfeiture if the person thereafter appears | 62891 |
| to answer the charge and pays any fine imposed by the court or | 62892 |
| pays the fine originally imposed by the court. The court shall | 62893 |
| inform the registrar of the termination of the forfeiture by | 62894 |
| entering information relative to the termination on a form | 62895 |
| approved and furnished by the registrar and sending the form to | 62896 |
| the registrar. The person shall pay to the bureau of motor | 62897 |
|
vehicles a | 62898 |
| 62899 | |
| registrar shall deposit fifteen dollars of the fee into the state | 62900 |
| treasury to the credit of the state bureau of motor vehicles fund | 62901 |
| created by section 4501.25 of the Revised Code to cover the costs | 62902 |
| of the bureau in administering this section and shall deposit ten | 62903 |
| dollars of the fee into the state treasury to the credit of the | 62904 |
| indigent defense support fund created by section 120.08 of the | 62905 |
| Revised Code. | 62906 |
| (B) In addition to suspending the driver's or commercial | 62907 |
| driver's license or permit of the person named in a declaration of | 62908 |
| forfeiture, the registrar, upon receipt from the court of the copy | 62909 |
| of the declaration of forfeiture, shall take any measures that may | 62910 |
| be necessary to ensure that neither the registrar nor any deputy | 62911 |
| registrar accepts any application for the registration or transfer | 62912 |
| of registration of any motor vehicle owned or leased by the person | 62913 |
| named in the declaration of forfeiture. However, for a motor | 62914 |
| vehicle leased by a person named in a declaration of forfeiture, | 62915 |
| the registrar shall not implement the preceding sentence until the | 62916 |
| registrar adopts procedures for that implementation under section | 62917 |
| 4503.39 of the Revised Code. The period of denial of registration | 62918 |
| or transfer shall continue until such time as the court having | 62919 |
| jurisdiction of the offense that led to the suspension orders the | 62920 |
| forfeiture be terminated. Upon receipt by the registrar of an | 62921 |
| order terminating the forfeiture, the registrar also shall take | 62922 |
| any measures that may be necessary to permit the person to | 62923 |
| register a motor vehicle owned or leased by the person or to | 62924 |
| transfer the registration of such a motor vehicle, if the person | 62925 |
| later makes application to take such action and otherwise is | 62926 |
| eligible to register the motor vehicle or to transfer its | 62927 |
| registration. | 62928 |
| The registrar shall not be required to give effect to any | 62929 |
| declaration of forfeiture or order terminating a forfeiture | 62930 |
| provided by a court under this section unless the information | 62931 |
| contained in the declaration or order is transmitted to the | 62932 |
| registrar by means of an electronic transfer system. The registrar | 62933 |
| shall not restore the person's driving or vehicle registration | 62934 |
| privileges until the person pays the reinstatement fee as provided | 62935 |
| in this section. | 62936 |
| The period of denial relating to the issuance or transfer of | 62937 |
| a certificate of registration for a motor vehicle imposed pursuant | 62938 |
| to this division remains in effect until the person pays any fine | 62939 |
| imposed by the court relative to the offense. | 62940 |
| Sec. 4511.191. (A)(1) As used in this section: | 62941 |
| (a) "Physical control" has the same meaning as in section | 62942 |
| 4511.194 of the Revised Code. | 62943 |
| (b) "Alcohol monitoring device" means any device that | 62944 |
| provides for continuous alcohol monitoring, any ignition interlock | 62945 |
| device, any immobilizing or disabling device other than an | 62946 |
| ignition interlock device that is constantly available to monitor | 62947 |
| the concentration of alcohol in a person's system, or any other | 62948 |
| device that provides for the automatic testing and periodic | 62949 |
| reporting of alcohol consumption by a person and that a court | 62950 |
| orders a person to use as a sanction imposed as a result of the | 62951 |
| person's conviction of or plea of guilty to an offense. | 62952 |
| (2) Any person who operates a vehicle, streetcar, or | 62953 |
| trackless trolley upon a highway or any public or private property | 62954 |
| used by the public for vehicular travel or parking within this | 62955 |
| state or who is in physical control of a vehicle, streetcar, or | 62956 |
| trackless trolley shall be deemed to have given consent to a | 62957 |
| chemical test or tests of the person's whole blood, blood serum or | 62958 |
| plasma, breath, or urine to determine the alcohol, drug of abuse, | 62959 |
| controlled substance, metabolite of a controlled substance, or | 62960 |
| combination content of the person's whole blood, blood serum or | 62961 |
| plasma, breath, or urine if arrested for a violation of division | 62962 |
| (A) or (B) of section 4511.19 of the Revised Code, section | 62963 |
| 4511.194 of the Revised Code or a substantially equivalent | 62964 |
| municipal ordinance, or a municipal OVI ordinance. | 62965 |
| (3) The chemical test or tests under division (A)(2) of this | 62966 |
| section shall be administered at the request of a law enforcement | 62967 |
| officer having reasonable grounds to believe the person was | 62968 |
| operating or in physical control of a vehicle, streetcar, or | 62969 |
| trackless trolley in violation of a division, section, or | 62970 |
| ordinance identified in division (A)(2) of this section. The law | 62971 |
| enforcement agency by which the officer is employed shall | 62972 |
| designate which of the tests shall be administered. | 62973 |
| (4) Any person who is dead or unconscious, or who otherwise | 62974 |
| is in a condition rendering the person incapable of refusal, shall | 62975 |
| be deemed to have consented as provided in division (A)(2) of this | 62976 |
| section, and the test or tests may be administered, subject to | 62977 |
| sections 313.12 to 313.16 of the Revised Code. | 62978 |
| (5)(a) If a law enforcement officer arrests a person for a | 62979 |
| violation of division (A) or (B) of section 4511.19 of the Revised | 62980 |
| Code, section 4511.194 of the Revised Code or a substantially | 62981 |
| equivalent municipal ordinance, or a municipal OVI ordinance and | 62982 |
| if the person if convicted would be required to be sentenced under | 62983 |
| division (G)(1)(c), (d), or (e) of section 4511.19 of the | 62984 |
| Revised Code, the law enforcement officer shall request the | 62985 |
| person to submit, and the person shall submit, to a chemical | 62986 |
| test or tests of the person's whole blood, blood serum or | 62987 |
| plasma, breath, or urine for the purpose of determining the | 62988 |
| alcohol, drug of abuse, controlled substance, metabolite of a | 62989 |
| controlled substance, or combination content of the person's | 62990 |
| whole blood, blood serum or plasma, breath, or urine. A law | 62991 |
| enforcement officer who makes a request pursuant to this | 62992 |
| division that a person submit to a chemical test or tests is not | 62993 |
| required to advise the person of the consequences of submitting | 62994 |
| to, or refusing to submit to, the test or tests and is not | 62995 |
| required to give the person the form described in division (B) of | 62996 |
| section 4511.192 of the Revised Code, but the officer shall | 62997 |
| advise the person at the time of the arrest that if the person | 62998 |
| refuses to take a chemical test the officer may employ whatever | 62999 |
| reasonable means are necessary to ensure that the person submits | 63000 |
| to a chemical test of the person's whole blood or blood serum or | 63001 |
| plasma. The officer shall also advise the person at the time of | 63002 |
| the arrest that the person may have an independent chemical test | 63003 |
| taken at the person's own expense. Divisions (A)(3) and (4) of | 63004 |
| this section apply to the administration of a chemical test or | 63005 |
| tests pursuant to this division. | 63006 |
| (b) If a person refuses to submit to a chemical test upon a | 63007 |
| request made pursuant to division (A)(5)(a) of this section, the | 63008 |
| law enforcement officer who made the request may employ whatever | 63009 |
| reasonable means are necessary to ensure that the person submits | 63010 |
| to a chemical test of the person's whole blood or blood serum or | 63011 |
| plasma. A law enforcement officer who acts pursuant to this | 63012 |
| division to ensure that a person submits to a chemical test of the | 63013 |
| person's whole blood or blood serum or plasma is immune from | 63014 |
| criminal and civil liability based upon a claim for assault and | 63015 |
| battery or any other claim for the acts, unless the officer so | 63016 |
| acted with malicious purpose, in bad faith, or in a wanton or | 63017 |
| reckless manner. | 63018 |
| (B)(1) Upon receipt of the sworn report of a law enforcement | 63019 |
| officer who arrested a person for a violation of division (A) or | 63020 |
| (B) of section 4511.19 of the Revised Code, section 4511.194 of | 63021 |
| the Revised Code or a substantially equivalent municipal | 63022 |
| ordinance, or a municipal OVI ordinance that was completed and | 63023 |
| sent to the registrar and a court pursuant to section 4511.192 of | 63024 |
| the Revised Code in regard to a person who refused to take the | 63025 |
| designated chemical test, the registrar shall enter into the | 63026 |
| registrar's records the fact that the person's driver's or | 63027 |
| commercial driver's license or permit or nonresident operating | 63028 |
| privilege was suspended by the arresting officer under this | 63029 |
| division and that section and the period of the suspension, as | 63030 |
| determined under this section. The suspension shall be subject to | 63031 |
| appeal as provided in section 4511.197 of the Revised Code. The | 63032 |
| suspension shall be for whichever of the following periods | 63033 |
| applies: | 63034 |
| (a) Except when division (B)(1)(b), (c), or (d) of this | 63035 |
| section applies and specifies a different class or length of | 63036 |
| suspension, the suspension shall be a class C suspension for the | 63037 |
| period of time specified in division (B)(3) of section 4510.02 of | 63038 |
| the Revised Code. | 63039 |
| (b) If the arrested person, within six years of the date on | 63040 |
| which the person refused the request to consent to the chemical | 63041 |
| test, had refused one previous request to consent to a chemical | 63042 |
| test or had been convicted of or pleaded guilty to one violation | 63043 |
| of division (A) or (B) of section 4511.19 of the Revised Code or | 63044 |
| one other equivalent offense, the suspension shall be a class B | 63045 |
| suspension imposed for the period of time specified in division | 63046 |
| (B)(2) of section 4510.02 of the Revised Code. | 63047 |
| (c) If the arrested person, within six years of the date on | 63048 |
| which the person refused the request to consent to the chemical | 63049 |
| test, had refused two previous requests to consent to a chemical | 63050 |
| test, had been convicted of or pleaded guilty to two violations of | 63051 |
| division (A) or (B) of section 4511.19 of the Revised Code or | 63052 |
| other equivalent offenses, or had refused one previous request to | 63053 |
| consent to a chemical test and also had been convicted of or | 63054 |
| pleaded guilty to one violation of division (A) or (B) of section | 63055 |
| 4511.19 of the Revised Code or other equivalent offenses, which | 63056 |
| violation or offense arose from an incident other than the | 63057 |
| incident that led to the refusal, the suspension shall be a class | 63058 |
| A suspension imposed for the period of time specified in division | 63059 |
| (B)(1) of section 4510.02 of the Revised Code. | 63060 |
| (d) If the arrested person, within six years of the date on | 63061 |
| which the person refused the request to consent to the chemical | 63062 |
| test, had refused three or more previous requests to consent to a | 63063 |
| chemical test, had been convicted of or pleaded guilty to three or | 63064 |
| more violations of division (A) or (B) of section 4511.19 of the | 63065 |
| Revised Code or other equivalent offenses, or had refused a number | 63066 |
| of previous requests to consent to a chemical test and also had | 63067 |
| been convicted of or pleaded guilty to a number of violations of | 63068 |
| division (A) or (B) of section 4511.19 of the Revised Code or | 63069 |
| other equivalent offenses that cumulatively total three or more | 63070 |
| such refusals, convictions, and guilty pleas, the suspension shall | 63071 |
| be for five years. | 63072 |
| (2) The registrar shall terminate a suspension of the | 63073 |
| driver's or commercial driver's license or permit of a resident or | 63074 |
| of the operating privilege of a nonresident, or a denial of a | 63075 |
| driver's or commercial driver's license or permit, imposed | 63076 |
| pursuant to division (B)(1) of this section upon receipt of notice | 63077 |
| that the person has entered a plea of guilty to, or that the | 63078 |
| person has been convicted after entering a plea of no contest to, | 63079 |
| operating a vehicle in violation of section 4511.19 of the Revised | 63080 |
| Code or in violation of a municipal OVI ordinance, if the offense | 63081 |
| for which the conviction is had or the plea is entered arose from | 63082 |
| the same incident that led to the suspension or denial. | 63083 |
| The registrar shall credit against any judicial suspension of | 63084 |
| a person's driver's or commercial driver's license or permit or | 63085 |
| nonresident operating privilege imposed pursuant to section | 63086 |
| 4511.19 of the Revised Code, or pursuant to section 4510.07 of the | 63087 |
| Revised Code for a violation of a municipal OVI ordinance, any | 63088 |
| time during which the person serves a related suspension imposed | 63089 |
| pursuant to division (B)(1) of this section. | 63090 |
| (C)(1) Upon receipt of the sworn report of the law | 63091 |
| enforcement officer who arrested a person for a violation of | 63092 |
| division (A) or (B) of section 4511.19 of the Revised Code or a | 63093 |
| municipal OVI ordinance that was completed and sent to the | 63094 |
| registrar and a court pursuant to section 4511.192 of the Revised | 63095 |
| Code in regard to a person whose test results indicate that the | 63096 |
| person's whole blood, blood serum or plasma, breath, or urine | 63097 |
| contained at least the concentration of alcohol specified in | 63098 |
| division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the | 63099 |
| Revised Code or at least the concentration of a listed controlled | 63100 |
| substance or a listed metabolite of a controlled substance | 63101 |
| specified in division (A)(1)(j) of section 4511.19 of the Revised | 63102 |
| Code, the registrar shall enter into the registrar's records the | 63103 |
| fact that the person's driver's or commercial driver's license or | 63104 |
| permit or nonresident operating privilege was suspended by the | 63105 |
| arresting officer under this division and section 4511.192 of the | 63106 |
| Revised Code and the period of the suspension, as determined under | 63107 |
| divisions (C)(1)(a) to (d) of this section. The suspension shall | 63108 |
| be subject to appeal as provided in section 4511.197 of the | 63109 |
| Revised Code. The suspension described in this division does not | 63110 |
| apply to, and shall not be imposed upon, a person arrested for a | 63111 |
| violation of section 4511.194 of the Revised Code or a | 63112 |
| substantially equivalent municipal ordinance who submits to a | 63113 |
| designated chemical test. The suspension shall be for whichever of | 63114 |
| the following periods applies: | 63115 |
| (a) Except when division (C)(1)(b), (c), or (d) of this | 63116 |
| section applies and specifies a different period, the suspension | 63117 |
| shall be a class E suspension imposed for the period of time | 63118 |
| specified in division (B)(5) of section 4510.02 of the Revised | 63119 |
| Code. | 63120 |
| (b) The suspension shall be a class C suspension for the | 63121 |
| period of time specified in division (B)(3) of section 4510.02 of | 63122 |
| the Revised Code if the person has been convicted of or pleaded | 63123 |
| guilty to, within six years of the date the test was conducted, | 63124 |
| one violation of division (A) or (B) of section 4511.19 of the | 63125 |
| Revised Code or one other equivalent offense. | 63126 |
| (c) If, within six years of the date the test was conducted, | 63127 |
| the person has been convicted of or pleaded guilty to two | 63128 |
| violations of a statute or ordinance described in division | 63129 |
| (C)(1)(b) of this section, the suspension shall be a class B | 63130 |
| suspension imposed for the period of time specified in division | 63131 |
| (B)(2) of section 4510.02 of the Revised Code. | 63132 |
| (d) If, within six years of the date the test was conducted, | 63133 |
| the person has been convicted of or pleaded guilty to more than | 63134 |
| two violations of a statute or ordinance described in division | 63135 |
| (C)(1)(b) of this section, the suspension shall be a class A | 63136 |
| suspension imposed for the period of time specified in division | 63137 |
| (B)(1) of section 4510.02 of the Revised Code. | 63138 |
| (2) The registrar shall terminate a suspension of the | 63139 |
| driver's or commercial driver's license or permit of a resident or | 63140 |
| of the operating privilege of a nonresident, or a denial of a | 63141 |
| driver's or commercial driver's license or permit, imposed | 63142 |
| pursuant to division (C)(1) of this section upon receipt of notice | 63143 |
| that the person has entered a plea of guilty to, or that the | 63144 |
| person has been convicted after entering a plea of no contest to, | 63145 |
| operating a vehicle in violation of section 4511.19 of the Revised | 63146 |
| Code or in violation of a municipal OVI ordinance, if the offense | 63147 |
| for which the conviction is had or the plea is entered arose from | 63148 |
| the same incident that led to the suspension or denial. | 63149 |
| The registrar shall credit against any judicial suspension of | 63150 |
| a person's driver's or commercial driver's license or permit or | 63151 |
| nonresident operating privilege imposed pursuant to section | 63152 |
| 4511.19 of the Revised Code, or pursuant to section 4510.07 of the | 63153 |
| Revised Code for a violation of a municipal OVI ordinance, any | 63154 |
| time during which the person serves a related suspension imposed | 63155 |
| pursuant to division (C)(1) of this section. | 63156 |
| (D)(1) A suspension of a person's driver's or commercial | 63157 |
| driver's license or permit or nonresident operating privilege | 63158 |
| under this section for the time described in division (B) or (C) | 63159 |
| of this section is effective immediately from the time at which | 63160 |
| the arresting officer serves the notice of suspension upon the | 63161 |
| arrested person. Any subsequent finding that the person is not | 63162 |
| guilty of the charge that resulted in the person being requested | 63163 |
| to take the chemical test or tests under division (A) of this | 63164 |
| section does not affect the suspension. | 63165 |
| (2) If a person is arrested for operating a vehicle, | 63166 |
| streetcar, or trackless trolley in violation of division (A) or | 63167 |
| (B) of section 4511.19 of the Revised Code or a municipal OVI | 63168 |
| ordinance, or for being in physical control of a vehicle, | 63169 |
| streetcar, or trackless trolley in violation of section 4511.194 | 63170 |
| of the Revised Code or a substantially equivalent municipal | 63171 |
| ordinance, regardless of whether the person's driver's or | 63172 |
| commercial driver's license or permit or nonresident operating | 63173 |
| privilege is or is not suspended under division (B) or (C) of this | 63174 |
| section or Chapter 4510. of the Revised Code, the person's initial | 63175 |
| appearance on the charge resulting from the arrest shall be held | 63176 |
| within five days of the person's arrest or the issuance of the | 63177 |
| citation to the person, subject to any continuance granted by the | 63178 |
| court pursuant to section 4511.197 of the Revised Code regarding | 63179 |
| the issues specified in that division. | 63180 |
| (E) When it finally has been determined under the procedures | 63181 |
| of this section and sections 4511.192 to 4511.197 of the Revised | 63182 |
| Code that a nonresident's privilege to operate a vehicle within | 63183 |
| this state has been suspended, the registrar shall give | 63184 |
| information in writing of the action taken to the motor vehicle | 63185 |
| administrator of the state of the person's residence and of any | 63186 |
| state in which the person has a license. | 63187 |
| (F) At the end of a suspension period under this section, | 63188 |
| under section 4511.194, section 4511.196, or division (G) of | 63189 |
| section 4511.19 of the Revised Code, or under section 4510.07 of | 63190 |
| the Revised Code for a violation of a municipal OVI ordinance and | 63191 |
| upon the request of the person whose driver's or commercial | 63192 |
| driver's license or permit was suspended and who is not otherwise | 63193 |
| subject to suspension, cancellation, or disqualification, the | 63194 |
| registrar shall return the driver's or commercial driver's license | 63195 |
| or permit to the person upon the occurrence of all of the | 63196 |
| conditions specified in divisions (F)(1) and (2) of this section: | 63197 |
| (1) A showing that the person has proof of financial | 63198 |
| responsibility, a policy of liability insurance in effect that | 63199 |
| meets the minimum standards set forth in section 4509.51 of the | 63200 |
| Revised Code, or proof, to the satisfaction of the registrar, that | 63201 |
| the person is able to respond in damages in an amount at least | 63202 |
| equal to the minimum amounts specified in section 4509.51 of the | 63203 |
| Revised Code. | 63204 |
| (2) Subject to the limitation contained in division (F)(3) of | 63205 |
| this section, payment by the person to the bureau of motor | 63206 |
| vehicles of a license reinstatement fee of four hundred | 63207 |
| seventy-five dollars, which fee shall be deposited in the state | 63208 |
| treasury and credited as follows: | 63209 |
| (a) One hundred twelve dollars and fifty cents shall be | 63210 |
| credited to the statewide treatment and prevention fund created by | 63211 |
| section 4301.30 of the Revised Code. The fund shall be used to | 63212 |
| pay the costs of driver treatment and intervention programs | 63213 |
| operated pursuant to sections 3793.02 and 3793.10 of the Revised | 63214 |
| Code. The director of alcohol and drug addiction services shall | 63215 |
| determine the share of the fund that is to be allocated to alcohol | 63216 |
| and drug addiction programs authorized by section 3793.02 of the | 63217 |
| Revised Code, and the share of the fund that is to be allocated to | 63218 |
| drivers' intervention programs authorized by section 3793.10 of | 63219 |
| the Revised Code. | 63220 |
| (b) Seventy-five dollars shall be credited to the reparations | 63221 |
| fund created by section 2743.191 of the Revised Code. | 63222 |
| (c) Thirty-seven dollars and fifty cents shall be credited to | 63223 |
| the indigent drivers alcohol treatment fund, which is hereby | 63224 |
| established in the state treasury. Except as otherwise provided in | 63225 |
| division (F)(2)(c) of this section, moneys in the fund shall be | 63226 |
| distributed by the department of alcohol and drug addiction | 63227 |
| services to the county indigent drivers alcohol treatment funds, | 63228 |
| the county juvenile indigent drivers alcohol treatment funds, and | 63229 |
| the municipal indigent drivers alcohol treatment funds that are | 63230 |
| required to be established by counties and municipal corporations | 63231 |
| pursuant to division (H) of this section, and shall be used only | 63232 |
| to pay the cost of an alcohol and drug addiction treatment | 63233 |
| program attended by an offender or juvenile traffic offender who | 63234 |
| is ordered to attend an alcohol and drug addiction treatment | 63235 |
| program by a county, juvenile, or municipal court judge and who | 63236 |
| is determined by the county, juvenile, or municipal court judge | 63237 |
| not to have the means to pay for the person's attendance at the | 63238 |
| program or to pay the costs specified in division (H)(4) of this | 63239 |
| section in accordance with that division. In addition, a county, | 63240 |
| juvenile, or municipal court judge may use moneys in the county | 63241 |
| indigent drivers alcohol treatment fund, county juvenile | 63242 |
| indigent drivers alcohol treatment fund, or municipal indigent | 63243 |
| drivers alcohol treatment fund to pay for the cost of the | 63244 |
| continued use of an alcohol monitoring device as described in | 63245 |
| divisions (H)(3) and (4) of this section. Moneys in the fund | 63246 |
| that are not distributed to a county indigent drivers alcohol | 63247 |
| treatment fund, a county juvenile indigent drivers alcohol | 63248 |
| treatment fund, or a municipal indigent drivers alcohol treatment | 63249 |
| fund under division (H) of this section because the director of | 63250 |
| alcohol and drug addiction services does not have the information | 63251 |
| necessary to identify the county or municipal corporation where | 63252 |
| the offender or juvenile offender was arrested may be transferred | 63253 |
| by the director of budget and management to the statewide | 63254 |
| treatment and prevention fund created by section 4301.30 of the | 63255 |
| Revised Code, upon certification of the amount by the director of | 63256 |
| alcohol and drug addiction services. | 63257 |
| (d) Seventy-five dollars shall be credited to the Ohio | 63258 |
| rehabilitation services commission established by section 3304.12 | 63259 |
| of the Revised Code, to the services for rehabilitation fund, | 63260 |
| which is hereby established. The fund shall be used to match | 63261 |
| available federal matching funds where appropriate, and for any | 63262 |
| other purpose or program of the commission to rehabilitate people | 63263 |
| with disabilities to help them become employed and independent. | 63264 |
| (e) Seventy-five dollars shall be deposited into the state | 63265 |
| treasury and credited to the drug abuse resistance education | 63266 |
| programs fund, which is hereby established, to be used by the | 63267 |
| attorney general for the purposes specified in division (F)(4) of | 63268 |
| this section. | 63269 |
| (f) Thirty dollars shall be credited to the state bureau of | 63270 |
| motor vehicles fund created by section 4501.25 of the Revised | 63271 |
| Code. | 63272 |
| (g) Twenty dollars shall be credited to the trauma and | 63273 |
| emergency medical services grants fund created by section 4513.263 | 63274 |
| of the Revised Code. | 63275 |
| (h) Fifty dollars shall be credited to the indigent drivers | 63276 |
| interlock and alcohol monitoring fund, which is hereby established | 63277 |
| in the state treasury. Monies in the fund shall be distributed by | 63278 |
| the department of public safety to the county indigent drivers | 63279 |
| interlock and alcohol monitoring funds, the county juvenile | 63280 |
| indigent drivers interlock and alcohol monitoring funds, and the | 63281 |
| municipal indigent drivers interlock and alcohol monitoring funds | 63282 |
| that are required to be established by counties and municipal | 63283 |
| corporations pursuant to this section, and shall be used only to | 63284 |
| pay the cost of an immobilizing or disabling device, including a | 63285 |
| certified ignition interlock device, or an alcohol monitoring | 63286 |
| device used by an offender or juvenile offender who is ordered to | 63287 |
| use the device by a county, juvenile, or municipal court judge and | 63288 |
| who is determined by the county, juvenile, or municipal court | 63289 |
| judge not to have the means to pay for the person's use of the | 63290 |
| device. | 63291 |
| (3) If a person's driver's or commercial driver's license or | 63292 |
| permit is suspended under this section, under section 4511.196 or | 63293 |
| division (G) of section 4511.19 of the Revised Code, under section | 63294 |
| 4510.07 of the Revised Code for a violation of a municipal OVI | 63295 |
| ordinance or under any combination of the suspensions described in | 63296 |
| division (F)(3) of this section, and if the suspensions arise from | 63297 |
| a single incident or a single set of facts and circumstances, the | 63298 |
| person is liable for payment of, and shall be required to pay to | 63299 |
| the bureau, only one reinstatement fee of four hundred twenty-five | 63300 |
| dollars. The reinstatement fee shall be distributed by the bureau | 63301 |
| in accordance with division (F)(2) of this section. | 63302 |
| (4) The attorney general shall use amounts in the drug abuse | 63303 |
| resistance education programs fund to award grants to law | 63304 |
| enforcement agencies to establish and implement drug abuse | 63305 |
| resistance education programs in public schools. Grants awarded to | 63306 |
| a law enforcement agency under this section shall be used by the | 63307 |
| agency to pay for not more than fifty per cent of the amount of | 63308 |
| the salaries of law enforcement officers who conduct drug abuse | 63309 |
| resistance education programs in public schools. The attorney | 63310 |
| general shall not use more than six per cent of the amounts the | 63311 |
| attorney general's office receives under division (F)(2)(e) of | 63312 |
| this section to pay the costs it incurs in administering the grant | 63313 |
| program established by division (F)(2)(e) of this section and in | 63314 |
| providing training and materials relating to drug abuse resistance | 63315 |
| education programs. | 63316 |
| The attorney general shall report to the governor and the | 63317 |
| general assembly each fiscal year on the progress made in | 63318 |
| establishing and implementing drug abuse resistance education | 63319 |
| programs. These reports shall include an evaluation of the | 63320 |
| effectiveness of these programs. | 63321 |
| (G) Suspension of a commercial driver's license under | 63322 |
| division (B) or (C) of this section shall be concurrent with any | 63323 |
| period of disqualification under section 3123.611 or 4506.16 of | 63324 |
| the Revised Code or any period of suspension under section 3123.58 | 63325 |
| of the Revised Code. No person who is disqualified for life from | 63326 |
| holding a commercial driver's license under section 4506.16 of the | 63327 |
| Revised Code shall be issued a driver's license under Chapter | 63328 |
| 4507. of the Revised Code during the period for which the | 63329 |
| commercial driver's license was suspended under division (B) or | 63330 |
| (C) of this section. No person whose commercial driver's license | 63331 |
| is suspended under division (B) or (C) of this section shall be | 63332 |
| issued a driver's license under Chapter 4507. of the Revised Code | 63333 |
| during the period of the suspension. | 63334 |
| (H)(1) Each county shall establish an indigent drivers | 63335 |
| alcohol treatment fund, each county shall establish a juvenile | 63336 |
| indigent drivers alcohol treatment fund, and each municipal | 63337 |
| corporation in which there is a municipal court shall establish | 63338 |
| an indigent drivers alcohol treatment fund. All revenue that the | 63339 |
| general assembly appropriates to the indigent drivers alcohol | 63340 |
| treatment fund for transfer to a county indigent drivers alcohol | 63341 |
| treatment fund, a county juvenile indigent drivers alcohol | 63342 |
| treatment fund, or a municipal indigent drivers alcohol treatment | 63343 |
| fund, all portions of fees that are paid under division (F) of | 63344 |
| this section and that are credited under that division to the | 63345 |
| indigent drivers alcohol treatment fund in the state treasury | 63346 |
| for a county indigent drivers alcohol treatment fund, a county | 63347 |
| juvenile indigent drivers alcohol treatment fund, or a municipal | 63348 |
| indigent drivers alcohol treatment fund, all portions of | 63349 |
| additional costs imposed under section 2949.094 of the Revised | 63350 |
| Code that are specified for deposit into a county, county | 63351 |
| juvenile, or municipal indigent drivers alcohol treatment fund | 63352 |
| by that section, and all portions of fines that are specified | 63353 |
| for deposit into a county or municipal indigent drivers alcohol | 63354 |
| treatment fund by section 4511.193 of the Revised Code shall be | 63355 |
| deposited into that county indigent drivers alcohol treatment | 63356 |
| fund, county juvenile indigent drivers alcohol treatment fund, or | 63357 |
| municipal indigent drivers alcohol treatment fund. The portions | 63358 |
| of the fees paid under division (F) of this section that are to | 63359 |
| be so deposited shall be determined in accordance with | 63360 |
| division (H)(2) of this section. Additionally, all portions of | 63361 |
| fines that are paid for a violation of section 4511.19 of the | 63362 |
| Revised Code or of any prohibition contained in Chapter 4510. of | 63363 |
| the Revised Code, and that are required under section 4511.19 or | 63364 |
| any provision of Chapter 4510. of the Revised Code to be | 63365 |
| deposited into a county indigent drivers alcohol treatment fund | 63366 |
| or municipal indigent drivers alcohol treatment fund shall be | 63367 |
| deposited into the appropriate fund in accordance with the | 63368 |
| applicable division of the section or provision. | 63369 |
| (2) That portion of the license reinstatement fee that is | 63370 |
| paid under division (F) of this section and that is credited under | 63371 |
| that division to the indigent drivers alcohol treatment fund | 63372 |
| shall be deposited into a county indigent drivers alcohol | 63373 |
| treatment fund, a county juvenile indigent drivers alcohol | 63374 |
| treatment fund, or a municipal indigent drivers alcohol treatment | 63375 |
| fund as follows: | 63376 |
| (a) Regarding a suspension imposed under this section, that | 63377 |
| portion of the fee shall be deposited as follows: | 63378 |
| (i) If the fee is paid by a person who was charged in a | 63379 |
| county court with the violation that resulted in the suspension | 63380 |
| or in the imposition of the court costs, the portion shall be | 63381 |
| deposited into the county indigent drivers alcohol treatment fund | 63382 |
| under the control of that court; | 63383 |
| (ii) If the fee is paid by a person who was charged in a | 63384 |
| juvenile court with the violation that resulted in the suspension | 63385 |
| or in the imposition of the court costs, the portion shall be | 63386 |
| deposited into the county juvenile indigent drivers alcohol | 63387 |
| treatment fund established in the county served by the court; | 63388 |
| (iii) If the fee is paid by a person who was charged in a | 63389 |
| municipal court with the violation that resulted in the | 63390 |
| suspension or in the imposition of the court costs, the portion | 63391 |
| shall be deposited into the municipal indigent drivers alcohol | 63392 |
| treatment fund under the control of that court. | 63393 |
| (b) Regarding a suspension imposed under section 4511.19 of | 63394 |
| the Revised Code or under section 4510.07 of the Revised Code for | 63395 |
| a violation of a municipal OVI ordinance, that portion of the fee | 63396 |
| shall be deposited as follows: | 63397 |
| (i) If the fee is paid by a person whose license or permit | 63398 |
| was suspended by a county court, the portion shall be deposited | 63399 |
| into the county indigent drivers alcohol treatment fund under the | 63400 |
| control of that court; | 63401 |
| (ii) If the fee is paid by a person whose license or permit | 63402 |
| was suspended by a municipal court, the portion shall be deposited | 63403 |
| into the municipal indigent drivers alcohol treatment fund under | 63404 |
| the control of that court. | 63405 |
| (3) Expenditures from a county indigent drivers alcohol | 63406 |
| treatment fund, a county juvenile indigent drivers alcohol | 63407 |
| treatment fund, or a municipal indigent drivers alcohol treatment | 63408 |
| fund shall be made only upon the order of a county, juvenile, or | 63409 |
| municipal court judge and only for payment of the cost of an | 63410 |
| assessment or the cost of the attendance at an alcohol and drug | 63411 |
| addiction treatment program of a person who is convicted of, or | 63412 |
| found to be a juvenile traffic offender by reason of, a violation | 63413 |
| of division (A) of section 4511.19 of the Revised Code or a | 63414 |
| substantially similar municipal ordinance, who is ordered by the | 63415 |
| court to attend the alcohol and drug addiction treatment program, | 63416 |
| and who is determined by the court to be unable to pay the cost | 63417 |
| of the assessment or the cost of attendance at the treatment | 63418 |
| program or for payment of the costs specified in division (H)(4) | 63419 |
| of this section in accordance with that division. The alcohol | 63420 |
| and drug addiction services board or the board of alcohol, drug | 63421 |
| addiction, and mental health services established pursuant to | 63422 |
| section 340.02 or 340.021 of the Revised Code and serving the | 63423 |
| alcohol, drug addiction, and mental health service district in | 63424 |
| which the court is located shall administer the indigent drivers | 63425 |
| alcohol treatment program of the court. When a court orders an | 63426 |
| offender or juvenile traffic offender to obtain an assessment or | 63427 |
| attend an alcohol and drug addiction treatment program, the board | 63428 |
| shall determine which program is suitable to meet the needs of the | 63429 |
| offender or juvenile traffic offender, and when a suitable program | 63430 |
| is located and space is available at the program, the offender or | 63431 |
| juvenile traffic offender shall attend the program designated by | 63432 |
| the board. A reasonable amount not to exceed five per cent of the | 63433 |
| amounts credited to and deposited into the county indigent | 63434 |
| drivers alcohol treatment fund, the county juvenile indigent | 63435 |
| drivers alcohol treatment fund, or the municipal indigent drivers | 63436 |
| alcohol treatment fund serving every court whose program is | 63437 |
| administered by that board shall be paid to the board to cover | 63438 |
| the costs it incurs in administering those indigent drivers | 63439 |
| alcohol treatment programs. | 63440 |
| In addition, upon exhaustion of moneys in the indigent | 63441 |
| drivers interlock and alcohol monitoring fund for the use of an | 63442 |
| alcohol monitoring device, a county, juvenile, or municipal court | 63443 |
| judge may use moneys in the county indigent drivers alcohol | 63444 |
| treatment fund, county juvenile indigent drivers alcohol | 63445 |
| treatment fund, or municipal indigent drivers alcohol treatment | 63446 |
| fund in the following manners: | 63447 |
| (a) If the source of the moneys was an appropriation of the | 63448 |
| general assembly, a portion of a fee that was paid under division | 63449 |
| (F) of this section, a portion of a fine that was specified for | 63450 |
| deposit into the fund by section 4511.193 of the Revised Code, or | 63451 |
| a portion of a fine that was paid for a violation of section | 63452 |
| 4511.19 of the Revised Code or of a provision contained in Chapter | 63453 |
| 4510. of the Revised Code that was required to be deposited into | 63454 |
| the fund, to pay for the continued use of an alcohol monitoring | 63455 |
| device by an offender or juvenile traffic offender, in | 63456 |
| conjunction with a treatment program approved by the department | 63457 |
| of alcohol and drug addiction services, when such use is | 63458 |
| determined clinically necessary by the treatment program and | 63459 |
| when the court determines that the offender or juvenile traffic | 63460 |
| offender is unable to pay all or part of the daily monitoring or | 63461 |
| cost of the device; | 63462 |
| (b) If the source of the moneys was a portion of an | 63463 |
| additional court cost imposed under section 2949.094 of the | 63464 |
| Revised Code, to pay for the continued use of an alcohol | 63465 |
| monitoring device by an offender or juvenile traffic offender | 63466 |
| when the court determines that the offender or juvenile traffic | 63467 |
| offender is unable to pay all or part of the daily monitoring or | 63468 |
| cost of the device. The moneys may be used for a device as | 63469 |
| described in this division if the use of the device is in | 63470 |
| conjunction with a treatment program approved by the department | 63471 |
| of alcohol and drug addiction services, when the use of the device | 63472 |
| is determined clinically necessary by the treatment program, but | 63473 |
| the use of a device is not required to be in conjunction with a | 63474 |
| treatment program approved by the department in order for the | 63475 |
| moneys to be used for the device as described in this division. | 63476 |
| (4) If a county, juvenile, or municipal court determines, in | 63477 |
| consultation with the alcohol and drug addiction services board | 63478 |
| or the board of alcohol, drug addiction, and mental health | 63479 |
| services established pursuant to section 340.02 or 340.021 of the | 63480 |
| Revised Code and serving the alcohol, drug addiction, and mental | 63481 |
| health district in which the court is located, that the funds in | 63482 |
| the county indigent drivers alcohol treatment fund, the county | 63483 |
| juvenile indigent drivers alcohol treatment fund, or the | 63484 |
| municipal indigent drivers alcohol treatment fund under the | 63485 |
| control of the court are more than sufficient to satisfy the | 63486 |
| purpose for which the fund was established, as specified in | 63487 |
| divisions (H)(1) to (3) of this section, the court may declare a | 63488 |
| surplus in the fund. If the court declares a surplus in the | 63489 |
| fund, the court may expend the amount of the surplus in the fund | 63490 |
| for: | 63491 |
| (a) Alcohol and drug abuse assessment and treatment of | 63492 |
| persons who are charged in the court with committing a criminal | 63493 |
| offense or with being a delinquent child or juvenile traffic | 63494 |
| offender and in relation to whom both of the following apply: | 63495 |
| (i) The court determines that substance abuse was a | 63496 |
| contributing factor leading to the criminal or delinquent activity | 63497 |
| or the juvenile traffic offense with which the person is charged. | 63498 |
| (ii) The court determines that the person is unable to pay | 63499 |
| the cost of the alcohol and drug abuse assessment and treatment | 63500 |
| for which the surplus money will be used. | 63501 |
| (b) All or part of the cost of purchasing alcohol monitoring | 63502 |
| devices to be used in conjunction with division (H)(3) of this | 63503 |
| section, upon exhaustion of moneys in the indigent drivers | 63504 |
| interlock and alcohol monitoring fund for the use of an alcohol | 63505 |
| monitoring device. | 63506 |
| (5) For the purpose of determining as described in division | 63507 |
| (F)(2)(c) of this section whether an offender does not have the | 63508 |
| means to pay for the offender's attendance at an alcohol and drug | 63509 |
| addiction treatment program or whether an alleged offender or | 63510 |
| delinquent child is unable to pay the costs specified in division | 63511 |
| (H)(4) of this section, the court shall use the indigent client | 63512 |
| eligibility guidelines and the standards of indigency established | 63513 |
| by the state public defender to make the determination. | 63514 |
| (6) The court shall identify and refer any alcohol and drug | 63515 |
| addiction program that is not certified under section 3793.06 of | 63516 |
| the Revised Code and that is interested in receiving amounts from | 63517 |
| the surplus in the fund declared under division (H)(4) of this | 63518 |
| section to the department of alcohol and drug addiction services | 63519 |
| in order for the program to become a certified alcohol and drug | 63520 |
| addiction program. The department shall keep a record of | 63521 |
| applicant referrals received pursuant to this division and shall | 63522 |
| submit a report on the referrals each year to the general | 63523 |
| assembly. If a program interested in becoming certified makes an | 63524 |
| application to become certified pursuant to section 3793.06 of | 63525 |
| the Revised Code, the program is eligible to receive surplus | 63526 |
| funds as long as the application is pending with the department. | 63527 |
| The department of alcohol and drug addiction services must offer | 63528 |
| technical assistance to the applicant. If the interested program | 63529 |
| withdraws the certification application, the department must | 63530 |
| notify the court, and the court shall not provide the interested | 63531 |
| program with any further surplus funds. | 63532 |
| (7)(a) Each alcohol and drug addiction services board and | 63533 |
| board of alcohol, drug addiction, and mental health services | 63534 |
| established pursuant to section 340.02 or 340.021 of the Revised | 63535 |
| Code shall submit to the department of alcohol and drug addiction | 63536 |
| services an annual report for each indigent drivers alcohol | 63537 |
| treatment fund in that board's area. | 63538 |
| (b) The report, which shall be submitted not later than sixty | 63539 |
| days after the end of the state fiscal year, shall provide the | 63540 |
| total payment that was made from the fund, including the number of | 63541 |
| indigent consumers that received treatment services and the number | 63542 |
| of indigent consumers that received an alcohol monitoring device. | 63543 |
| The report shall identify the treatment program and expenditure | 63544 |
| for an alcohol monitoring device for which that payment was made. | 63545 |
| The report shall include the fiscal year balance of each indigent | 63546 |
| drivers alcohol treatment fund located in that board's area. In | 63547 |
| the event that a surplus is declared in the fund pursuant to | 63548 |
| division (H)(4) of this section, the report also shall provide the | 63549 |
| total payment that was made from the surplus moneys and identify | 63550 |
| the treatment program and expenditure for an alcohol monitoring | 63551 |
| device for which that payment was made. The department may require | 63552 |
| additional information necessary to complete the comprehensive | 63553 |
| statewide alcohol and drug addiction services plan as required by | 63554 |
| section 3793.04 of the Revised Code. | 63555 |
| (c) If a board is unable to obtain adequate information to | 63556 |
| develop the report to submit to the department for a particular | 63557 |
| indigent drivers alcohol treatment fund, the board shall submit a | 63558 |
| report detailing the effort made in obtaining the information. | 63559 |
| (I)(1) Each county shall establish an indigent drivers | 63560 |
| interlock and alcohol monitoring fund and a juvenile indigent | 63561 |
| drivers interlock and alcohol treatment fund, and each municipal | 63562 |
| corporation in which there is a municipal court shall establish an | 63563 |
| indigent drivers interlock and alcohol monitoring fund. All | 63564 |
| revenue that the general assembly appropriates to the indigent | 63565 |
| drivers interlock and alcohol monitoring fund for transfer to a | 63566 |
| county indigent drivers interlock and alcohol monitoring fund, a | 63567 |
| county juvenile indigent drivers interlock and alcohol monitoring | 63568 |
| fund, or a municipal indigent drivers interlock and alcohol | 63569 |
| monitoring fund, all portions of license reinstatement fees that | 63570 |
| are paid under division (F)(2) of this section and that are | 63571 |
| credited under that division to the indigent drivers interlock and | 63572 |
| alcohol monitoring fund in the state treasury, and all portions of | 63573 |
| fines that are paid under division (G) of section 4511.19 of the | 63574 |
| Revised Code and that are credited by division (G)(5)(e) of that | 63575 |
| section to the indigent drivers interlock and alcohol monitoring | 63576 |
| fund in the state treasury shall be deposited in the appropriate | 63577 |
| fund in accordance with division (I)(2) of this section. | 63578 |
| (2) That portion of the license reinstatement fee that is | 63579 |
| paid under division (F) of this section and that portion of the | 63580 |
| fine paid under division (G) of section 4511.19 of the Revised | 63581 |
| Code and that is credited under either division to the indigent | 63582 |
| drivers interlock and alcohol monitoring fund shall be deposited | 63583 |
| into a county indigent drivers interlock and alcohol monitoring | 63584 |
| fund, a county juvenile indigent drivers interlock and alcohol | 63585 |
| monitoring fund, or a municipal indigent drivers interlock and | 63586 |
| alcohol monitoring fund as follows: | 63587 |
| (a) If the fee or fine is paid by a person who was charged in | 63588 |
| a county court with the violation that resulted in the suspension | 63589 |
| or fine, the portion shall be deposited into the county indigent | 63590 |
| drivers interlock and alcohol monitoring fund under the control of | 63591 |
| that court. | 63592 |
| (b) If the fee or fine is paid by a person who was charged in | 63593 |
| a juvenile court with the violation that resulted in the | 63594 |
| suspension or fine, the portion shall be deposited into the county | 63595 |
| juvenile indigent drivers interlock and alcohol monitoring fund | 63596 |
| established in the county served by the court. | 63597 |
| (c) If the fee or fine is paid by a person who was charged in | 63598 |
| a municipal court with the violation that resulted in the | 63599 |
| suspension, the portion shall be deposited into the municipal | 63600 |
| indigent drivers interlock and alcohol monitoring fund under the | 63601 |
| control of that court. | 63602 |
| Sec. 4513.021. (A) As used in this section: | 63603 |
| (1) "Passenger car" means any motor vehicle with motive | 63604 |
| power, designed for carrying ten persons or less, except a | 63605 |
| multipurpose passenger vehicle or motorcycle. | 63606 |
| (2) "Multipurpose passenger vehicle" means a motor vehicle | 63607 |
| with motive power, except a motorcycle, designed to carry ten | 63608 |
| persons or less, that is constructed either on a truck chassis or | 63609 |
| with special features for occasional off-road operation. | 63610 |
| (3) "Truck" means every motor vehicle, except trailers and | 63611 |
| semitrailers, designed and used to carry property and having a | 63612 |
| gross vehicle weight rating of ten thousand pounds or less. | 63613 |
| (4) "Manufacturer" has the same meaning as in section 4501.01 | 63614 |
| of the Revised Code. | 63615 |
| (5) "Gross vehicle weight rating" means the manufacturer's | 63616 |
| gross vehicle weight rating established for that vehicle. | 63617 |
| (B) The director of public safety, in accordance with Chapter | 63618 |
| 119. of the Revised Code, shall adopt rules in conformance with | 63619 |
| standards of the vehicle equipment safety commission, that shall | 63620 |
| govern the maximum bumper height or, in the absence of bumpers and | 63621 |
| in cases where bumper heights have been lowered or modified, the | 63622 |
| maximum height to the bottom of the frame rail, of any passenger | 63623 |
| car, multipurpose passenger vehicle, or truck. | 63624 |
| (C) No person shall operate upon a street or highway any | 63625 |
| passenger car, multipurpose passenger vehicle, or truck registered | 63626 |
| in this state that does not conform to the requirements of this | 63627 |
| section or to any applicable rule adopted pursuant to this | 63628 |
| section. | 63629 |
| (D) No person shall modify any motor vehicle registered in | 63630 |
| this state in such a manner as to cause the vehicle body or | 63631 |
| chassis to come in contact with the ground, expose the fuel tank | 63632 |
| to damage from collision, or cause the wheels to come in contact | 63633 |
| with the body under normal operation, and no person shall | 63634 |
| disconnect any part of the original suspension system of the | 63635 |
| vehicle to defeat the safe operation of that system. | 63636 |
| (E) Nothing contained in this section or in the rules adopted | 63637 |
| pursuant to this section shall be construed to prohibit either of | 63638 |
| the following: | 63639 |
| (1) The installation upon a passenger car, multipurpose | 63640 |
| passenger vehicle, or truck registered in this state of heavy duty | 63641 |
| equipment, including shock absorbers and overload springs; | 63642 |
| (2) The operation on a street or highway of a passenger car, | 63643 |
| multipurpose passenger vehicle, or truck registered in this state | 63644 |
| with normal wear to the suspension system if the normal wear does | 63645 |
| not adversely affect the control of the vehicle. | 63646 |
| (F) This section and the rules adopted pursuant to it do not | 63647 |
| apply to any specially designed or modified passenger car, | 63648 |
| multipurpose passenger vehicle, or truck when operated off a | 63649 |
| street or highway in races and similar events. | 63650 |
| (G)
| 63651 |
| Whoever violates this section is guilty of a minor misdemeanor. | 63652 |
| 63653 | |
| 63654 | |
| 63655 |
| Sec. 4513.03. (A) Every vehicle upon a street or highway | 63656 |
| within this state during the time from sunset to sunrise, and at | 63657 |
| any other time when there are unfavorable atmospheric conditions | 63658 |
| or when there is not sufficient natural light to render | 63659 |
| discernible persons, vehicles, and substantial objects on the | 63660 |
| highway at a distance of one thousand feet ahead, shall display | 63661 |
| lighted lights and illuminating devices as required by sections | 63662 |
| 4513.04 to 4513.37 of the Revised Code, for different classes of | 63663 |
| vehicles; except that every motorized bicycle shall display at | 63664 |
| such times lighted lights meeting the rules adopted by the | 63665 |
| director of public safety under section 4511.521 of the Revised | 63666 |
| Code. No motor vehicle, during such times, shall be operated upon | 63667 |
| a street or highway within this state using only parking lights as | 63668 |
| illumination. | 63669 |
| Whenever in such sections a requirement is declared as to the | 63670 |
| distance from which certain lamps and devices shall render objects | 63671 |
| visible, or within which such lamps or devices shall be visible, | 63672 |
| such distance shall be measured upon a straight level unlighted | 63673 |
| highway under normal atmospheric conditions unless a different | 63674 |
| condition is expressly stated. | 63675 |
| Whenever in such sections a requirement is declared as to the | 63676 |
| mounted height of lights or devices, it shall mean from the center | 63677 |
| of such light or device to the level ground upon which the vehicle | 63678 |
| stands. | 63679 |
| (B) Whoever violates this section | 63680 |
| 63681 | |
| minor misdemeanor. | 63682 |
| Sec. 4513.04. (A) Every motor vehicle, other than a | 63683 |
| motorcycle, and every trackless trolley shall be equipped with at | 63684 |
| least two headlights with at least one near each side of the front | 63685 |
| of the motor vehicle or trackless trolley. | 63686 |
| Every motorcycle shall be equipped with at least one and not | 63687 |
| more than two headlights. | 63688 |
| (B)
Whoever violates this section | 63689 |
| 63690 | |
| minor misdemeanor. | 63691 |
| Sec. 4513.05. (A) Every motor vehicle, trackless trolley, | 63692 |
| trailer, semitrailer, pole trailer, or vehicle which is being | 63693 |
| drawn at the end of a train of vehicles shall be equipped with at | 63694 |
| least one tail light mounted on the rear which, when lighted, | 63695 |
| shall emit a red light visible from a distance of five hundred | 63696 |
| feet to the rear, provided that in the case of a train of vehicles | 63697 |
| only the tail light on the rearmost vehicle need be visible from | 63698 |
| the distance specified. | 63699 |
| Either a tail light or a separate light shall be so | 63700 |
| constructed and placed as to illuminate with a white light the | 63701 |
| rear registration plate, when such registration plate is required, | 63702 |
| and render it legible from a distance of fifty feet to the rear. | 63703 |
| Any tail light, together with any separate light for illuminating | 63704 |
| the rear registration plate, shall be so wired as to be lighted | 63705 |
| whenever the headlights or auxiliary driving lights are lighted, | 63706 |
| except where separate lighting systems are provided for trailers | 63707 |
| for the purpose of illuminating such registration plate. | 63708 |
| (B)
Whoever violates this section | 63709 |
| 63710 | |
| minor misdemeanor. | 63711 |
| Sec. 4513.06. (A) Every new motor vehicle sold after | 63712 |
| September 6, 1941, and operated on a highway, other than a | 63713 |
| commercial tractor, to which a trailer or semitrailer is attached | 63714 |
| shall carry at the rear, either as a part of the tail lamps or | 63715 |
| separately, two red reflectors meeting the requirements of this | 63716 |
| section, except that vehicles of the type mentioned in section | 63717 |
| 4513.07 of the Revised Code shall be equipped with reflectors as | 63718 |
| required by the regulations provided for in said section. | 63719 |
| Every such reflector shall be of such size and | 63720 |
| characteristics and so maintained as to be visible at night from | 63721 |
| all distances within three hundred feet to fifty feet from such | 63722 |
| vehicle. | 63723 |
| (B)
Whoever violates this section | 63724 |
| 63725 | |
| minor misdemeanor. | 63726 |
| Sec. 4513.07. (A) The director of public safety shall | 63727 |
| prescribe and promulgate regulations relating to clearance lights, | 63728 |
| marker lights, reflectors, and stop lights on buses, trackless | 63729 |
| trolleys, trucks, commercial tractors, trailers, semitrailers, and | 63730 |
| pole trailers, when operated upon any highway, and such vehicles | 63731 |
| shall be equipped as required by such regulations, and such | 63732 |
| equipment shall be lighted at all times mentioned in section | 63733 |
| 4513.03 of the Revised Code, except that clearance lights and side | 63734 |
| marker lights need not be lighted on any such vehicle when it is | 63735 |
| operated within a municipal corporation where there is sufficient | 63736 |
| light to reveal any person or substantial object on the highway at | 63737 |
| a distance of five hundred feet. | 63738 |
| Such equipment shall be in addition to all other lights | 63739 |
| specifically required by sections 4513.03 to 4513.16 of the | 63740 |
| Revised Code. | 63741 |
| Vehicles operated under the jurisdiction of the public | 63742 |
| utilities commission are not subject to this section. | 63743 |
| (B)
Whoever violates this section | 63744 |
| 63745 | |
| minor misdemeanor. | 63746 |
| Sec. 4513.071. (A) Every motor vehicle, trailer, | 63747 |
| semitrailer, and pole trailer when operated upon a highway shall | 63748 |
| be equipped with two or more stop lights, except that passenger | 63749 |
| cars manufactured or assembled prior to January 1, 1967, | 63750 |
| motorcycles, and motor-driven cycles shall be equipped with at | 63751 |
| least one stop light. Stop lights shall be mounted on the rear of | 63752 |
| the vehicle, actuated upon application of the service brake, and | 63753 |
| may be incorporated with other rear lights. Such stop lights when | 63754 |
| actuated shall emit a red light visible from a distance of five | 63755 |
| hundred feet to the rear, provided that in the case of a train of | 63756 |
| vehicles only the stop lights on the rear-most vehicle need be | 63757 |
| visible from the distance specified. | 63758 |
| Such stop lights when actuated shall give a steady warning | 63759 |
| light to the rear of a vehicle or train of vehicles to indicate | 63760 |
| the intention of the operator to diminish the speed of or stop a | 63761 |
| vehicle or train of vehicles. | 63762 |
| When stop lights are used as required by this section, they | 63763 |
| shall be constructed or installed so as to provide adequate and | 63764 |
| reliable illumination and shall conform to the appropriate rules | 63765 |
| and regulations established under section 4513.19 of the Revised | 63766 |
| Code. | 63767 |
| Historical motor vehicles as defined in section 4503.181 of | 63768 |
| the Revised Code, not originally manufactured with stop lights, | 63769 |
| are not subject to this section. | 63770 |
| (B) Whoever violates this section | 63771 |
| 63772 | |
| minor misdemeanor. | 63773 |
| Sec. 4513.09. (A) Whenever the load upon any vehicle extends | 63774 |
| to the rear four feet or more beyond the bed or body of such | 63775 |
| vehicle, there shall be displayed at the extreme rear end of the | 63776 |
| load, at the times specified in section 4513.03 of the Revised | 63777 |
| Code, a red light or lantern plainly visible from a distance of at | 63778 |
| least five hundred feet to the sides and rear. The red light or | 63779 |
| lantern required by this section is in addition to the red rear | 63780 |
| light required upon every vehicle. At any other time there shall | 63781 |
| be displayed at the extreme rear end of such load a red flag or | 63782 |
| cloth not less than sixteen inches square. | 63783 |
| (B)
Whoever violates this section | 63784 |
| 63785 | |
| minor misdemeanor. | 63786 |
| Sec. 4513.11. (A) All vehicles other than bicycles, | 63787 |
| including animal-drawn vehicles and vehicles referred to in | 63788 |
| division (G) of section 4513.02 of the Revised Code, not | 63789 |
| specifically required to be equipped with lamps or other lighting | 63790 |
| devices by sections 4513.03 to 4513.10 of the Revised Code, shall, | 63791 |
| at the times specified in section 4513.03 of the Revised Code, be | 63792 |
| equipped with at least one lamp displaying a white light visible | 63793 |
| from a distance of not less than one thousand feet to the front of | 63794 |
| the vehicle, and also shall be equipped with two lamps displaying | 63795 |
| red light visible from a distance of not less than one thousand | 63796 |
| feet to the rear of the vehicle, or as an alternative, one lamp | 63797 |
| displaying a red light visible from a distance of not less than | 63798 |
| one thousand feet to the rear and two red reflectors visible from | 63799 |
| all distances of six hundred feet to one hundred feet to the rear | 63800 |
| when illuminated by the lawful lower beams of headlamps. | 63801 |
| Lamps and reflectors required or authorized by this section | 63802 |
| shall meet standards adopted by the director of public safety. | 63803 |
| (B) All boat trailers, farm machinery, and other machinery, | 63804 |
| including all road construction machinery, upon a street or | 63805 |
| highway, except when being used in actual construction and | 63806 |
| maintenance work in an area guarded by a flagperson, or where | 63807 |
| flares are used, or when operating or traveling within the limits | 63808 |
| of a construction area designated by the director of | 63809 |
| transportation, a city engineer, or the county engineer of the | 63810 |
| several counties, when such construction area is marked in | 63811 |
| accordance with requirements of the director and the manual of | 63812 |
| uniform traffic control devices, as set forth in section 4511.09 | 63813 |
| of the Revised Code, which is designed for operation at a speed of | 63814 |
| twenty-five miles per hour or less shall be operated at a speed | 63815 |
| not exceeding twenty-five miles per hour, and shall display a | 63816 |
| triangular slow-moving vehicle emblem (SMV). The emblem shall be | 63817 |
| mounted so as to be visible from a distance of not less than five | 63818 |
| hundred feet to the rear. The director of public safety shall | 63819 |
| adopt standards and specifications for the design and position of | 63820 |
| mounting the SMV emblem. The standards and specifications for SMV | 63821 |
| emblems referred to in this section shall correlate with and, so | 63822 |
| far as possible, conform with those approved by the American | 63823 |
| society of agricultural engineers. | 63824 |
| A unit of farm machinery that is designed by its manufacturer | 63825 |
| to operate at a speed greater than twenty-five miles per hour may | 63826 |
| be operated on a street or highway at a speed greater than | 63827 |
| twenty-five miles per hour provided it is operated in accordance | 63828 |
| with this section. | 63829 |
| As used in this division, "machinery" does not include any | 63830 |
| vehicle designed to be drawn by an animal. | 63831 |
| (C) The use of the SMV emblem shall be restricted to | 63832 |
| animal-drawn vehicles, and to the slow-moving vehicles specified | 63833 |
| in division (B) of this section operating or traveling within the | 63834 |
| limits of the highway. Its use on slow-moving vehicles being | 63835 |
| transported upon other types of vehicles or on any other type of | 63836 |
| vehicle or stationary object on the highway is prohibited. | 63837 |
| (D)(1) No person shall sell, lease, rent, or operate any boat | 63838 |
| trailer, farm machinery, or other machinery defined as a | 63839 |
| slow-moving vehicle in division (B) of this section, except those | 63840 |
| units designed to be completely mounted on a primary power unit, | 63841 |
| which is manufactured or assembled on or after April 1, 1966, | 63842 |
| unless the vehicle is equipped with a slow-moving vehicle emblem | 63843 |
| mounting device as specified in division (B) of this section. | 63844 |
| (2) No person shall sell, lease, rent, or operate on a street | 63845 |
| or highway any unit of farm machinery that is designed by its | 63846 |
| manufacturer to operate at a speed greater than twenty-five miles | 63847 |
| per hour unless the unit displays a slow-moving vehicle emblem as | 63848 |
| specified in division (B) of this section and a speed | 63849 |
| identification symbol that meets the specifications contained in | 63850 |
| the American society of agricultural engineers standard ANSI/ASAE | 63851 |
| S584 JAN2005, agricultural equipment: speed identification symbol | 63852 |
| (SIS). | 63853 |
| (E) Any boat trailer, farm machinery, or other machinery | 63854 |
| defined as a slow-moving vehicle in division (B) of this section, | 63855 |
| in addition to the use of the slow-moving vehicle emblem, and any | 63856 |
| unit of farm machinery that is designed by its manufacturer to | 63857 |
| operate at a speed greater than twenty-five miles per hour, in | 63858 |
| addition to the display of a speed identification symbol, may be | 63859 |
| equipped with a red flashing light that shall be visible from a | 63860 |
| distance of not less than one thousand feet to the rear at all | 63861 |
| times specified in section 4513.03 of the Revised Code. When a | 63862 |
| double-faced light is used, it shall display amber light to the | 63863 |
| front and red light to the rear. | 63864 |
| In addition to the lights described in this division, farm | 63865 |
| machinery and motor vehicles escorting farm machinery may display | 63866 |
| a flashing, oscillating, or rotating amber light, as permitted by | 63867 |
| section 4513.17 of the Revised Code, and also may display | 63868 |
| simultaneously flashing turn signals or warning lights, as | 63869 |
| permitted by that section. | 63870 |
| (F) Every animal-drawn vehicle upon a street or highway shall | 63871 |
| at all times be equipped in one of the following ways: | 63872 |
| (1) With a slow-moving vehicle emblem complying with division | 63873 |
| (B) of this section; | 63874 |
| (2) With alternate reflective material complying with rules | 63875 |
| adopted under this division; | 63876 |
| (3) With both a slow-moving vehicle emblem and alternate | 63877 |
| reflective material as specified in this division. | 63878 |
| The director of public safety, subject to Chapter 119. of the | 63879 |
| Revised Code, shall adopt rules establishing standards and | 63880 |
| specifications for the position of mounting of the alternate | 63881 |
| reflective material authorized by this division. The rules shall | 63882 |
| permit, as a minimum, the alternate reflective material to be | 63883 |
| black, gray, or silver in color. The alternate reflective material | 63884 |
| shall be mounted on the animal-drawn vehicle so as to be visible, | 63885 |
| at all times specified in section 4513.03 of the Revised Code, | 63886 |
| from a distance of not less than five hundred feet to the rear | 63887 |
| when illuminated by the lawful lower beams of headlamps. | 63888 |
| (G) Every unit of farm machinery that is designed by its | 63889 |
| manufacturer to operate at a speed greater than twenty-five miles | 63890 |
| per hour shall display a slow-moving vehicle emblem and a speed | 63891 |
| identification symbol that meets the specifications contained in | 63892 |
| the American society of agricultural engineers standard ANSI/ASAE | 63893 |
| S584 JAN2005, agricultural equipment: speed identification symbol | 63894 |
| (SIS) when the unit is operated upon a street or highway, | 63895 |
| irrespective of the speed at which the unit is operated on the | 63896 |
| street or highway. The speed identification symbol shall indicate | 63897 |
| the maximum speed in miles per hour at which the unit of farm | 63898 |
| machinery is designed by its manufacturer to operate. The display | 63899 |
| of the speed identification symbol shall be in accordance with the | 63900 |
| standard prescribed in this division. | 63901 |
| If an agricultural tractor that is designed by its | 63902 |
| manufacturer to operate at a speed greater than twenty-five miles | 63903 |
| per hour is being operated on a street or highway at a speed | 63904 |
| greater than twenty-five miles per hour and is towing, pulling, or | 63905 |
| otherwise drawing a unit of farm machinery, the unit of farm | 63906 |
| machinery shall display a slow-moving vehicle emblem and a speed | 63907 |
| identification symbol that is the same as the speed identification | 63908 |
| symbol that is displayed on the agricultural tractor. | 63909 |
| (H) When an agricultural tractor that is designed by its | 63910 |
| manufacturer to operate at a speed greater than twenty-five miles | 63911 |
| per hour is being operated on a street or highway at a speed | 63912 |
| greater than twenty-five miles per hour, the operator shall | 63913 |
| possess some documentation published or provided by the | 63914 |
| manufacturer indicating the maximum speed in miles per hour at | 63915 |
| which the manufacturer designed the agricultural tractor to | 63916 |
| operate. | 63917 |
| (I)
Whoever violates this section | 63918 |
| 63919 | |
| minor misdemeanor. | 63920 |
| (J) As used in this section, "boat trailer" means any vehicle | 63921 |
| designed and used exclusively to transport a boat between a place | 63922 |
| of storage and a marina, or in and around a marina, when drawn or | 63923 |
| towed on a street or highway for a distance of no more than ten | 63924 |
| miles and at a speed of twenty-five miles per hour or less. | 63925 |
| Sec. 4513.111. (A)(1) Every multi-wheel agricultural tractor | 63926 |
| whose model year was 2001 or earlier, when being operated or | 63927 |
| traveling on a street or highway at the times specified in section | 63928 |
| 4513.03 of the Revised Code, at a minimum shall be equipped with | 63929 |
| and display reflectors and illuminated amber lamps so that the | 63930 |
| extreme left and right projections of the tractor are indicated by | 63931 |
| flashing lamps displaying amber light, visible to the front and | 63932 |
| the rear, by amber reflectors, all visible to the front, and by | 63933 |
| red reflectors, all visible to the rear. | 63934 |
| (2) The lamps displaying amber light need not flash | 63935 |
| simultaneously and need not flash in conjunction with any | 63936 |
| directional signals of the tractor. | 63937 |
| (3) The lamps and reflectors required by division (A)(1) of | 63938 |
| this section and their placement shall meet standards and | 63939 |
| specifications contained in rules adopted by the director of | 63940 |
| public safety in accordance with Chapter 119. of the Revised Code. | 63941 |
| The rules governing the amber lamps, amber reflectors, and red | 63942 |
| reflectors and their placement shall correlate with and, as far as | 63943 |
| possible, conform with paragraphs 4.1.4.1, 4.1.7.1, and 4.1.7.2 | 63944 |
| respectively of the American society of agricultural engineers | 63945 |
| standard ANSI/ASAE S279.10 OCT98, lighting and marking of | 63946 |
| agricultural equipment on highways. | 63947 |
| (B) Every unit of farm machinery whose model year was 2002 or | 63948 |
| later, when being operated or traveling on a street or highway at | 63949 |
| the times specified in section 4513.03 of the Revised Code, shall | 63950 |
| be equipped with and display markings and illuminated lamps that | 63951 |
| meet or exceed the lighting, illumination, and marking standards | 63952 |
| and specifications that are applicable to that type of farm | 63953 |
| machinery for the unit's model year specified in the American | 63954 |
| society of agricultural engineers standard ANSI/ASAE S279.11 | 63955 |
| APR01, lighting and marking of agricultural equipment on highways, | 63956 |
| or any subsequent revisions of that standard. | 63957 |
| (C) The lights and reflectors required by division (A) of | 63958 |
| this section are in addition to the slow-moving vehicle emblem and | 63959 |
| lights required or permitted by section 4513.11 or 4513.17 of the | 63960 |
| Revised Code to be displayed on farm machinery being operated or | 63961 |
| traveling on a street or highway. | 63962 |
| (D) No person shall operate any unit of farm machinery on a | 63963 |
| street or highway or cause any unit of farm machinery to travel on | 63964 |
| a street or highway in violation of division (A) or (B) of this | 63965 |
| section. | 63966 |
| (E) Whoever violates this section | 63967 |
| 63968 | |
| minor misdemeanor. | 63969 |
| Sec. 4513.12. (A) Any motor vehicle may be equipped with not | 63970 |
| more than one spotlight and every lighted spotlight shall be so | 63971 |
| aimed and used upon approaching another vehicle that no part of | 63972 |
| the high-intensity portion of the beam will be directed to the | 63973 |
| left of the prolongation of the extreme left side of the vehicle, | 63974 |
| nor more than one hundred feet ahead of the vehicle. | 63975 |
| Any motor vehicle may be equipped with not more than three | 63976 |
| auxiliary driving lights mounted on the front of the vehicle. The | 63977 |
| director of public safety shall prescribe specifications for | 63978 |
| auxiliary driving lights and regulations for their use, and any | 63979 |
| such lights which do not conform to said specifications and | 63980 |
| regulations shall not be used. | 63981 |
| (B)
Whoever violates this section | 63982 |
| 63983 | |
| minor misdemeanor. | 63984 |
| Sec. 4513.13. (A) Any motor vehicle may be equipped with | 63985 |
| side cowl or fender lights which shall emit a white or amber light | 63986 |
| without glare. | 63987 |
| Any motor vehicle may be equipped with lights on each side | 63988 |
| thereof which shall emit a white or amber light without glare. | 63989 |
| Any motor vehicle may be equipped with back-up lights, either | 63990 |
| separately or in combination with another light. No back-up lights | 63991 |
| shall be continuously lighted when the motor vehicle is in forward | 63992 |
| motion. | 63993 |
| (B)
Whoever violates this section | 63994 |
| 63995 | |
| minor misdemeanor. | 63996 |
| Sec. 4513.14. (A) At all times mentioned in section 4513.03 | 63997 |
| of the Revised Code at least two lighted lights shall be | 63998 |
| displayed, one near each side of the front of every motor vehicle | 63999 |
| and trackless trolley, except when such vehicle or trackless | 64000 |
| trolley is parked subject to the regulations governing lights on | 64001 |
| parked vehicles and trackless trolleys. | 64002 |
| The director of public safety shall prescribe and promulgate | 64003 |
| regulations relating to the design and use of such lights and such | 64004 |
| regulations shall be in accordance with currently recognized | 64005 |
| standards. | 64006 |
| (B)
Whoever violates this section | 64007 |
| 64008 | |
| minor misdemeanor. | 64009 |
| Sec. 4513.15. (A) Whenever a motor vehicle is being operated | 64010 |
| on a roadway or shoulder adjacent thereto during the times | 64011 |
| specified in section 4513.03 of the Revised Code, the driver shall | 64012 |
| use a distribution of light, or composite beam, directed high | 64013 |
| enough and of sufficient intensity to reveal persons, vehicles, | 64014 |
| and substantial objects at a safe distance in advance of the | 64015 |
| vehicle, subject to the following requirements; | 64016 |
| (1) Whenever the driver of a vehicle approaches an oncoming | 64017 |
| vehicle, such driver shall use a distribution of light, or | 64018 |
| composite beam, so aimed that the glaring rays are not projected | 64019 |
| into the eyes of the oncoming driver. | 64020 |
| (2) Every new motor vehicle registered in this state, which | 64021 |
| has multiple-beam road lighting equipment shall be equipped with a | 64022 |
| beam indicator, which shall be lighted whenever the uppermost | 64023 |
| distribution of light from the headlights is in use, and shall not | 64024 |
| otherwise be lighted. Said indicator shall be so designed and | 64025 |
| located that, when lighted, it will be readily visible without | 64026 |
| glare to the driver of the vehicle. | 64027 |
| (B)
Whoever violates this section | 64028 |
| 64029 | |
| minor misdemeanor. | 64030 |
| Sec. 4513.16. (A) Any motor vehicle may be operated under | 64031 |
| the conditions specified in section 4513.03 of the Revised Code | 64032 |
| when it is equipped with two lighted lights upon the front thereof | 64033 |
| capable of revealing persons and substantial objects seventy-five | 64034 |
| feet ahead, in lieu of lights required in section 4513.14 of the | 64035 |
| Revised Code, provided that such vehicle shall not be operated at | 64036 |
| a speed in excess of twenty miles per hour. | 64037 |
| (B)
Whoever violates this section | 64038 |
| 64039 | |
| minor misdemeanor. | 64040 |
| Sec. 4513.17. (A) Whenever a motor vehicle equipped with | 64041 |
| headlights also is equipped with any auxiliary lights or spotlight | 64042 |
| or any other light on the front thereof projecting a beam of an | 64043 |
| intensity greater than three hundred candle power, not more than a | 64044 |
| total of five of any such lights on the front of a vehicle shall | 64045 |
| be lighted at any one time when the vehicle is upon a highway. | 64046 |
| (B) Any lighted light or illuminating device upon a motor | 64047 |
| vehicle, other than headlights, spotlights, signal lights, or | 64048 |
| auxiliary driving lights, that projects a beam of light of an | 64049 |
| intensity greater than three hundred candle power, shall be so | 64050 |
| directed that no part of the beam will strike the level of the | 64051 |
| roadway on which the vehicle stands at a distance of more than | 64052 |
| seventy-five feet from the vehicle. | 64053 |
| (C)(1) Flashing lights are prohibited on motor vehicles, | 64054 |
| except as a means for indicating a right or a left turn, or in the | 64055 |
| presence of a vehicular traffic hazard requiring unusual care in | 64056 |
| approaching, or overtaking or passing. This prohibition does not | 64057 |
| apply to emergency vehicles, road service vehicles servicing or | 64058 |
| towing a disabled vehicle, traffic line stripers, snow plows, | 64059 |
| rural mail delivery vehicles, vehicles as provided in section | 64060 |
| 4513.182 of the Revised Code, department of transportation | 64061 |
| maintenance vehicles, funeral hearses, funeral escort vehicles, | 64062 |
| and similar equipment operated by the department or local | 64063 |
| authorities, which shall be equipped with and display, when used | 64064 |
| on a street or highway for the special purpose necessitating such | 64065 |
| lights, a flashing, oscillating, or rotating amber light, but | 64066 |
| shall not display a flashing, oscillating, or rotating light of | 64067 |
| any other color, nor to vehicles or machinery permitted by section | 64068 |
| 4513.11 of the Revised Code to have a flashing red light. | 64069 |
| (2) When used on a street or highway, farm machinery and | 64070 |
| vehicles escorting farm machinery may be equipped with and display | 64071 |
| a flashing, oscillating, or rotating amber light, and the | 64072 |
| prohibition contained in division (C)(1) of this section does not | 64073 |
| apply to such machinery or vehicles. Farm machinery also may | 64074 |
| display the lights described in section 4513.11 of the Revised | 64075 |
| Code. | 64076 |
| (D) Except a person operating a public safety vehicle, as | 64077 |
| defined in division (E) of section 4511.01 of the Revised Code, or | 64078 |
| a school bus, no person shall operate, move, or park upon, or | 64079 |
| permit to stand within the right-of-way of any public street or | 64080 |
| highway any vehicle or equipment that is equipped with and | 64081 |
| displaying a flashing red or a flashing combination red and white | 64082 |
| light, or an oscillating or rotating red light, or a combination | 64083 |
| red and white oscillating or rotating light; and except a public | 64084 |
| law enforcement officer, or other person sworn to enforce the | 64085 |
| criminal and traffic laws of the state, operating a public safety | 64086 |
| vehicle when on duty, no person shall operate, move, or park upon, | 64087 |
| or permit to stand within the right-of-way of any street or | 64088 |
| highway any vehicle or equipment that is equipped with, or upon | 64089 |
| which is mounted, and displaying a flashing blue or a flashing | 64090 |
| combination blue and white light, or an oscillating or rotating | 64091 |
| blue light, or a combination blue and white oscillating or | 64092 |
| rotating light. | 64093 |
| (E) This section does not prohibit the use of warning lights | 64094 |
| required by law or the simultaneous flashing of turn signals on | 64095 |
| disabled vehicles or on vehicles being operated in unfavorable | 64096 |
| atmospheric conditions in order to enhance their visibility. This | 64097 |
| section also does not prohibit the simultaneous flashing of turn | 64098 |
| signals or warning lights either on farm machinery or vehicles | 64099 |
| escorting farm machinery, when used on a street or highway. | 64100 |
| (F)
Whoever violates this section | 64101 |
| 64102 | |
| minor misdemeanor. | 64103 |
| Sec. 4513.171. (A) Notwithstanding any other provision of | 64104 |
| law, a motor vehicle operated by a coroner, deputy coroner, or | 64105 |
| coroner's investigator may be equipped with a flashing, | 64106 |
| oscillating, or rotating red or blue light and a siren, whistle, | 64107 |
| or bell capable of emitting sound audible under normal conditions | 64108 |
| from a distance of not less than five hundred feet. Such a vehicle | 64109 |
| may display the flashing, oscillating, or rotating red or blue | 64110 |
| light and may give the audible signal of the siren, exhaust | 64111 |
| whistle, or bell only when responding to a fatality or a fatal | 64112 |
| motor vehicle accident on a street or highway and only at those | 64113 |
| locations where the stoppage of traffic impedes the ability of the | 64114 |
| coroner, deputy coroner, or coroner's investigator to arrive at | 64115 |
| the site of the fatality. | 64116 |
| This section does not relieve a coroner, deputy coroner, or | 64117 |
| coroner's investigator operating a motor vehicle from the duty to | 64118 |
| drive with due regard for the safety of all persons and property | 64119 |
| upon the highway. | 64120 |
| (B)
Whoever violates this section | 64121 |
| 64122 | |
| minor misdemeanor. | 64123 |
| Sec. 4513.18. (A) The director of transportation shall adopt | 64124 |
| standards and specifications applicable to headlights, clearance | 64125 |
| lights, identification, and other lights, on snow removal | 64126 |
| equipment when operated on the highways, and on vehicles operating | 64127 |
| under special permits pursuant to section 4513.34 of the Revised | 64128 |
| Code, in lieu of the lights otherwise required on motor vehicles. | 64129 |
| Such standards and specifications may permit the use of flashing | 64130 |
| lights for purposes of identification on snow removal equipment, | 64131 |
| and oversize vehicles when in service upon the highways. The | 64132 |
| standards and specifications for lights referred to in this | 64133 |
| section shall correlate with and, so far as possible, conform with | 64134 |
| those approved by the American association of state highway | 64135 |
| officials. | 64136 |
| It is unlawful to operate snow removal equipment on a highway | 64137 |
| unless the lights thereon comply with and are lighted when and as | 64138 |
| required by the standards and specifications adopted as provided | 64139 |
| in this section. | 64140 |
| (B)
Whoever violates this section | 64141 |
| 64142 | |
| minor misdemeanor. | 64143 |
| Sec. 4513.19. (A) No person shall use any lights mentioned | 64144 |
| in sections 4513.03 to 4513.18 of the Revised Code upon any motor | 64145 |
| vehicle, trailer, or semitrailer unless said lights are equipped, | 64146 |
| mounted, and adjusted as to focus and aim in accordance with | 64147 |
| regulations which are prescribed by the director of public safety. | 64148 |
| (B)
Whoever violates this section | 64149 |
| 64150 | |
| minor misdemeanor. | 64151 |
| Sec. 4513.21. (A) Every motor vehicle or trackless trolley | 64152 |
| when operated upon a highway shall be equipped with a horn which | 64153 |
| is in good working order and capable of emitting sound audible, | 64154 |
| under normal conditions, from a distance of not less than two | 64155 |
| hundred feet. | 64156 |
| No motor vehicle or trackless trolley shall be equipped with, | 64157 |
| nor shall any person use upon a vehicle, any siren, whistle, or | 64158 |
| bell. Any vehicle may be equipped with a theft alarm signal device | 64159 |
| which shall be so arranged that it cannot be used as an ordinary | 64160 |
| warning signal. Every emergency vehicle shall be equipped with a | 64161 |
| siren, whistle, or bell, capable of emitting sound audible under | 64162 |
| normal conditions from a distance of not less than five hundred | 64163 |
| feet and of a type approved by the director of public safety. Such | 64164 |
| equipment shall not be used except when such vehicle is operated | 64165 |
| in response to an emergency call or is in the immediate pursuit of | 64166 |
| an actual or suspected violator of the law, in which case the | 64167 |
| driver of the emergency vehicle shall sound such equipment when it | 64168 |
| is necessary to warn pedestrians and other drivers of the approach | 64169 |
| thereof. | 64170 |
| (B)
Whoever violates this section | 64171 |
| 64172 | |
| minor misdemeanor. | 64173 |
| Sec. 4513.22. (A) Every motor vehicle and motorcycle with an | 64174 |
| internal combustion engine shall at all times be equipped with a | 64175 |
| muffler which is in good working order and in constant operation | 64176 |
| to prevent excessive or unusual noise, and no person shall use a | 64177 |
| muffler cutout, by-pass, or similar device upon a motor vehicle on | 64178 |
| a highway. Every motorcycle muffler shall be equipped with baffle | 64179 |
| plates. | 64180 |
| No person shall own, operate, or have in the person's | 64181 |
| possession any motor vehicle or motorcycle equipped with a device | 64182 |
| for producing excessive smoke or gas, or so equipped as to permit | 64183 |
| oil or any other chemical to flow into or upon the exhaust pipe or | 64184 |
| muffler of such vehicle, or equipped in any other way to produce | 64185 |
| or emit smoke or dangerous or annoying gases from any portion of | 64186 |
| such vehicle, other than the ordinary gases emitted by the exhaust | 64187 |
| of an internal combustion engine under normal operation. | 64188 |
| (B)
Whoever violates this section | 64189 |
| 64190 | |
| minor misdemeanor. | 64191 |
| Sec. 4513.23. (A) Every motor vehicle, motorcycle, and | 64192 |
| trackless trolley shall be equipped with a mirror so located as to | 64193 |
| reflect to the operator a view of the highway to the rear of such | 64194 |
| vehicle, motorcycle, or trackless trolley. Operators of vehicles, | 64195 |
| motorcycles, streetcars, and trackless trolleys shall have a clear | 64196 |
| and unobstructed view to the front and to both sides of their | 64197 |
| vehicles, motorcycles, streetcars, or trackless trolleys and shall | 64198 |
| have a clear view to the rear of their vehicles, motorcycles, | 64199 |
| streetcars, or trackless trolleys by mirror. | 64200 |
| (B)
Whoever violates this section | 64201 |
| 64202 | |
| minor misdemeanor. | 64203 |
| Sec. 4513.24. (A) No person shall drive any motor vehicle on | 64204 |
| a street or highway in this state, other than a motorcycle or | 64205 |
| motorized bicycle, that is not equipped with a windshield. | 64206 |
| (B) No person shall drive any motor vehicle, other than a | 64207 |
| bus, with any sign, poster, or other nontransparent material upon | 64208 |
| the front windshield, sidewings, side, or rear windows of such | 64209 |
| vehicle other than a certificate or other paper required to be | 64210 |
| displayed by law, except that there may be in the lower left-hand | 64211 |
| or right-hand corner of the windshield a sign, poster, or decal | 64212 |
| not to exceed four inches in height by six inches in width. No | 64213 |
| sign, poster, or decal shall be displayed in the front windshield | 64214 |
| in such a manner as to conceal the vehicle identification number | 64215 |
| for the motor vehicle when, in accordance with federal law, that | 64216 |
| number is located inside the vehicle passenger compartment and so | 64217 |
| placed as to be readable through the vehicle glazing without | 64218 |
| moving any part of the vehicle. | 64219 |
| (C) The windshield on every motor vehicle, streetcar, and | 64220 |
| trackless trolley shall be equipped with a device for cleaning | 64221 |
| rain, snow, or other moisture from the windshield. The device | 64222 |
| shall be maintained in good working order and so constructed as to | 64223 |
| be controlled or operated by the operator of the vehicle, | 64224 |
| streetcar, or trackless trolley. | 64225 |
| (D)
Whoever violates this section | 64226 |
| 64227 | |
| minor misdemeanor. | 64228 |
| Sec. 4513.242. (A) Notwithstanding section 4513.24 and | 64229 |
| division (F) of section 4513.241 of the Revised Code or any rule | 64230 |
| adopted thereunder, a decal, whether reflectorized or not, may be | 64231 |
| displayed upon any side window or sidewing of a motor vehicle if | 64232 |
| all of the following are met: | 64233 |
| (1) The decal is necessary for public or private security | 64234 |
| arrangements to which the motor vehicle periodically is subjected; | 64235 |
| (2) The decal is no larger than is necessary to accomplish | 64236 |
| the security arrangements; | 64237 |
| (3) The decal does not obscure the vision of the motor | 64238 |
| vehicle operator or prevent a person looking into the motor | 64239 |
| vehicle from seeing or identifying persons or objects inside the | 64240 |
| motor vehicle. | 64241 |
| (B)
Whoever violates this section | 64242 |
| 64243 | |
| minor misdemeanor. | 64244 |
| Sec. 4513.28. (A) Whenever any motor truck, trackless | 64245 |
| trolley, bus, commercial tractor, trailer, semi-trailer, or pole | 64246 |
| trailer is disabled upon the traveled portion of any highway or | 64247 |
| the shoulder thereof outside of any municipality, or upon any | 64248 |
| freeway, expressway, thruway and connecting, entering or exiting | 64249 |
| ramps within a municipality, at any time when lighted lamps are | 64250 |
| required on vehicles and trackless trolleys, the operator of such | 64251 |
| vehicle or trackless trolley shall display the following warning | 64252 |
| devices upon the highway during the time the vehicle or trackless | 64253 |
| trolley is so disabled on the highway except as provided in | 64254 |
| division (B) of this section: | 64255 |
| (1) A lighted fusee shall be immediately placed on the | 64256 |
| roadway at the traffic side of such vehicle or trackless trolley, | 64257 |
| unless red electric lanterns or red reflectors are displayed. | 64258 |
| (2) Within the burning period of the fusee and as promptly as | 64259 |
| possible, three lighted flares or pot torches, or three red | 64260 |
| reflectors or three red electric lanterns shall be placed on the | 64261 |
| roadway as follows: | 64262 |
| (a) One at a distance of forty paces or approximately one | 64263 |
| hundred feet in advance of the vehicle; | 64264 |
| (b) One at a distance of forty paces or approximately one | 64265 |
| hundred feet to the rear of the vehicle or trackless trolley | 64266 |
| except as provided in this section, each in the center of the lane | 64267 |
| of traffic occupied by the disabled vehicle or trackless trolley; | 64268 |
| (c) One at the traffic side of the vehicle or trackless | 64269 |
| trolley. | 64270 |
| (B) Whenever any vehicle used in transporting flammable | 64271 |
| liquids in bulk, or in transporting compressed flammable gases, is | 64272 |
| disabled upon a highway at any time or place mentioned in division | 64273 |
| (A) of this section, the driver of such vehicle shall display upon | 64274 |
| the roadway the following warning devices: | 64275 |
| (1) One red electric lantern or one red reflector shall be | 64276 |
| immediately placed on the roadway at the traffic side of the | 64277 |
| vehicle; | 64278 |
| (2) Two other red electric lanterns or two other red | 64279 |
| reflectors shall be placed to the front and rear of the vehicle in | 64280 |
| the same manner prescribed for flares in division (A) of this | 64281 |
| section. | 64282 |
| (C) When a vehicle of a type specified in division (B) of | 64283 |
| this section is disabled, the use of flares, fusees, or any signal | 64284 |
| produced by flame as warning signals is prohibited. | 64285 |
| (D) Whenever any vehicle or trackless trolley of a type | 64286 |
| referred to in this section is disabled upon the traveled portion | 64287 |
| of a highway or the shoulder thereof, outside of any municipality, | 64288 |
| or upon any freeway, expressway, thruway and connecting, entering | 64289 |
| or exiting ramps within a municipality, at any time when the | 64290 |
| display of fusees, flares, red reflectors, or electric lanterns is | 64291 |
| not required, the operator of such vehicle or trackless trolley | 64292 |
| shall display two red flags upon the roadway in the lane of | 64293 |
| traffic occupied by the disabled vehicle or trackless trolley, one | 64294 |
| at a distance of forty paces or approximately one hundred feet in | 64295 |
| advance of the vehicle or trackless trolley, and one at a distance | 64296 |
| of forty paces or approximately one hundred feet to the rear of | 64297 |
| the vehicle or trackless trolley, except as provided in this | 64298 |
| section. | 64299 |
| (E) The flares, fusees, lanterns, red reflectors, and flags | 64300 |
| to be displayed as required in this section shall conform with the | 64301 |
| requirements of section 4513.27 of the Revised Code applicable | 64302 |
| thereto. | 64303 |
| (F) In the event the vehicle or trackless trolley is disabled | 64304 |
| near a curve, crest of a hill, or other obstruction of view, the | 64305 |
| flare, flag, reflector, or lantern in that direction shall be | 64306 |
| placed as to afford ample warning to other users of the highway, | 64307 |
| but in no case shall it be placed less than forty paces or | 64308 |
| approximately one hundred feet nor more than one hundred twenty | 64309 |
| paces or approximately three hundred feet from the disabled | 64310 |
| vehicle or trackless trolley. | 64311 |
| (G) This section does not apply to the operator of any | 64312 |
| vehicle in a work area designated by protection equipment devices | 64313 |
| that are displayed and used in accordance with the manual adopted | 64314 |
| by the department of transportation under section 4511.09 of the | 64315 |
| Revised Code. | 64316 |
| (H)
Whoever violates this section | 64317 |
| 64318 | |
| minor misdemeanor. | 64319 |
| Sec. 4513.60. (A)(1) The sheriff of a county or chief of | 64320 |
| police of a municipal corporation, township, or township police | 64321 |
| district, within the sheriff's or chief's respective territorial | 64322 |
| jurisdiction, upon complaint of any person adversely affected, may | 64323 |
| order into storage any motor vehicle, other than an abandoned junk | 64324 |
| motor vehicle as defined in section 4513.63 of the Revised Code, | 64325 |
| that has been left on private residential or private agricultural | 64326 |
| property for at least four hours without the permission of the | 64327 |
| person having the right to the possession of the property. The | 64328 |
| sheriff or chief of police, upon complaint of the owner of a | 64329 |
| repair garage or place of storage, may order into storage any | 64330 |
| motor vehicle, other than an abandoned junk motor vehicle, that | 64331 |
| has been left at the garage or place of storage for a longer | 64332 |
| period than that agreed upon. The place of storage shall be | 64333 |
| designated by the sheriff or chief of police. When ordering a | 64334 |
| motor vehicle into storage pursuant to this division, a sheriff or | 64335 |
| chief of police, whenever possible, shall arrange for the removal | 64336 |
| of the motor vehicle by a private tow truck operator or towing | 64337 |
| company. Subject to division (C) of this section, the owner of a | 64338 |
| motor vehicle that has been removed pursuant to this division may | 64339 |
| recover the vehicle only in accordance with division (E) of this | 64340 |
| section. | 64341 |
| (2) Divisions (A)(1) to (3) of this section do not apply to | 64342 |
| any private residential or private agricultural property that is | 64343 |
| established as a private tow-away zone in accordance with division | 64344 |
| (B) of this section. | 64345 |
| (3) As used in divisions (A)(1) and (2) of this section, | 64346 |
| "private residential property" means private property on which is | 64347 |
| located one or more structures that are used as a home, residence, | 64348 |
| or sleeping place by one or more persons, if no more than three | 64349 |
| separate households are maintained in the structure or structures. | 64350 |
| "Private residential property" does not include any private | 64351 |
| property on which is located one or more structures that are used | 64352 |
| as a home, residence, or sleeping place by two or more persons, if | 64353 |
| more than three separate households are maintained in the | 64354 |
| structure or structures. | 64355 |
| (B)(1) The owner of private property may establish a private | 64356 |
| tow-away zone only if all of the following conditions are | 64357 |
| satisfied: | 64358 |
| (a) The owner posts on the owner's property a sign, that is | 64359 |
| at least eighteen inches by twenty-four inches in size, that is | 64360 |
| visible from all entrances to the property, and that contains at | 64361 |
| least all of the following information: | 64362 |
| (i) A notice that the property is a private tow-away zone and | 64363 |
| that vehicles not authorized to park on the property will be towed | 64364 |
| away; | 64365 |
| (ii) The telephone number of the person from whom a | 64366 |
| towed-away vehicle can be recovered, and the address of the place | 64367 |
| to which the vehicle will be taken and the place from which it may | 64368 |
| be recovered; | 64369 |
| (iii) A statement that the vehicle may be recovered at any | 64370 |
| time during the day or night upon the submission of proof of | 64371 |
| ownership and the payment of a towing charge, in an amount not to | 64372 |
| exceed ninety dollars, and a storage charge, in an amount not to | 64373 |
| exceed twelve dollars per twenty-four-hour period; except that the | 64374 |
| charge for towing shall not exceed one hundred fifty dollars, and | 64375 |
| the storage charge shall not exceed twenty dollars per | 64376 |
| twenty-four-hour period, if the vehicle has a manufacturer's gross | 64377 |
| vehicle weight rating in excess of ten thousand pounds and is a | 64378 |
| truck, bus, or a combination of a commercial tractor and trailer | 64379 |
| or semitrailer. | 64380 |
| (b) The place to which the towed vehicle is taken and from | 64381 |
| which it may be recovered is conveniently located, is well | 64382 |
| lighted, and is on or within a reasonable distance of a regularly | 64383 |
| scheduled route of one or more modes of public transportation, if | 64384 |
| any public transportation is available in the municipal | 64385 |
| corporation or township in which the private tow-away zone is | 64386 |
| located. | 64387 |
| (2) If a vehicle is parked on private property that is | 64388 |
| established as a private tow-away zone in accordance with division | 64389 |
| (B)(1) of this section, without the consent of the owner of the | 64390 |
| property or in violation of any posted parking condition or | 64391 |
| regulation, the owner or the owner's agent may remove, or cause | 64392 |
| the removal of, the vehicle, the owner and the operator of the | 64393 |
| vehicle shall be deemed to have consented to the removal and | 64394 |
| storage of the vehicle and to the payment of the towing and | 64395 |
| storage charges specified in division (B)(1)(a)(iii) of this | 64396 |
| section, and the owner, subject to division (C) of this section, | 64397 |
| may recover a vehicle that has been so removed only in accordance | 64398 |
| with division (E) of this section. | 64399 |
| (3) If a municipal corporation requires tow trucks and tow | 64400 |
| truck operators to be licensed, no owner of private property | 64401 |
| located within the municipal corporation shall remove, or shall | 64402 |
| cause the removal and storage of, any vehicle pursuant to division | 64403 |
| (B)(2) of this section by an unlicensed tow truck or unlicensed | 64404 |
| tow truck operator. | 64405 |
| (4) Divisions (B)(1) to (3) of this section do not affect or | 64406 |
| limit the operation of division (A) of this section or sections | 64407 |
| 4513.61 to 4513.65 of the Revised Code as they relate to property | 64408 |
| other than private property that is established as a private | 64409 |
| tow-away zone under division (B)(1) of this section. | 64410 |
| (C) If the owner or operator of a motor vehicle that has been | 64411 |
| ordered into storage pursuant to division (A)(1) of this section | 64412 |
| or of a vehicle that is being removed under authority of division | 64413 |
| (B)(2) of this section arrives after the motor vehicle or vehicle | 64414 |
| has been prepared for removal, but prior to its actual removal | 64415 |
| from the property, the owner or operator shall be given the | 64416 |
| opportunity to pay a fee of not more than one-half of the charge | 64417 |
| for the removal of motor vehicles under division (A)(1) of this | 64418 |
| section or of vehicles under division (B)(2) of this section, | 64419 |
| whichever is applicable, that normally is assessed by the person | 64420 |
| who has prepared the motor vehicle or vehicle for removal, in | 64421 |
| order to obtain release of the motor vehicle or vehicle. Upon | 64422 |
| payment of that fee, the motor vehicle or vehicle shall be | 64423 |
| released to the owner or operator, and upon its release, the owner | 64424 |
| or operator immediately shall move it so that: | 64425 |
| (1) If the motor vehicle was ordered into storage pursuant to | 64426 |
| division (A)(1) of this section, it is not on the private | 64427 |
| residential or private agricultural property without the | 64428 |
| permission of the person having the right to possession of the | 64429 |
| property, or is not at the garage or place of storage without the | 64430 |
| permission of the owner, whichever is applicable. | 64431 |
| (2) If the vehicle was being removed under authority of | 64432 |
| division (B)(2) of this section, it is not parked on the private | 64433 |
| property established as a private tow-away zone without the | 64434 |
| consent of the owner or in violation of any posted parking | 64435 |
| condition or regulation. | 64436 |
| (D)(1) If an owner of private property that is established as | 64437 |
| a private tow-away zone in accordance with division (B)(1) of this | 64438 |
| section or the authorized agent of such an owner removes or causes | 64439 |
| the removal of a vehicle from that property under authority of | 64440 |
| division (B)(2) of this section, the owner or agent promptly shall | 64441 |
| notify the police department of the municipal corporation, | 64442 |
| township, or township police district in which the property is | 64443 |
| located, of the removal, the vehicle's license number, make, | 64444 |
| model, and color, the location from which it was removed, the date | 64445 |
| and time of its removal, the telephone number of the person from | 64446 |
| whom it may be recovered, and the address of the place to which it | 64447 |
| has been taken and from which it may be recovered. | 64448 |
| (2) Each county sheriff and each chief of police of a | 64449 |
| municipal corporation, township, or township police district shall | 64450 |
| maintain a record of motor vehicles that the sheriff or chief | 64451 |
| orders into storage pursuant to division (A)(1) of this section | 64452 |
| and of vehicles removed from private property in the sheriff's or | 64453 |
| chief's jurisdiction that is established as a private tow-away | 64454 |
| zone of which the sheriff or chief has received notice under | 64455 |
| division (D)(1) of this section. The record shall include an entry | 64456 |
| for each such motor vehicle or vehicle that identifies the motor | 64457 |
| vehicle's or vehicle's license number, make, model, and color, the | 64458 |
| location from which it was removed, the date and time of its | 64459 |
| removal, the telephone number of the person from whom it may be | 64460 |
| recovered, and the address of the place to which it has been taken | 64461 |
| and from which it may be recovered. Any information in the record | 64462 |
| that pertains to a particular motor vehicle or vehicle shall be | 64463 |
| provided to any person who, either in person or pursuant to a | 64464 |
| telephone call, identifies self as the owner or operator of the | 64465 |
| motor vehicle or vehicle and requests information pertaining to | 64466 |
| its location. | 64467 |
| (3) Any person who registers a complaint that is the basis of | 64468 |
| a sheriff's or police chief's order for the removal and storage of | 64469 |
| a motor vehicle under division (A)(1) of this section shall | 64470 |
| provide the identity of the law enforcement agency with which the | 64471 |
| complaint was registered to any person who identifies self as the | 64472 |
| owner or operator of the motor vehicle and requests information | 64473 |
| pertaining to its location. | 64474 |
| (E) The owner of a motor vehicle that is ordered into storage | 64475 |
| pursuant to division (A)(1) of this section or of a vehicle that | 64476 |
| is removed under authority of division (B)(2) of this section may | 64477 |
| reclaim it upon payment of any expenses or charges incurred in its | 64478 |
| removal, in an amount not to exceed ninety dollars, and storage, | 64479 |
| in an amount not to exceed twelve dollars per twenty-four-hour | 64480 |
| period; except that the charge for towing shall not exceed one | 64481 |
| hundred fifty dollars, and the storage charge shall not exceed | 64482 |
| twenty dollars per twenty-four-hour period, if the vehicle has a | 64483 |
| manufacturer's gross vehicle weight rating in excess of ten | 64484 |
| thousand pounds and is a truck, bus, or a combination of a | 64485 |
| commercial tractor and trailer or semitrailer. Presentation of | 64486 |
| proof of ownership, which may be evidenced by a certificate of | 64487 |
| title to the motor vehicle or vehicle also shall be required for | 64488 |
| reclamation of the vehicle. If a motor vehicle that is ordered | 64489 |
| into storage pursuant to division (A)(1) of this section remains | 64490 |
| unclaimed by the owner for thirty days, the procedures established | 64491 |
| by sections 4513.61 and 4513.62 of the Revised Code shall apply. | 64492 |
| (F) No person shall remove, or cause the removal of, any | 64493 |
| vehicle from private property that is established as a private | 64494 |
| tow-away zone under division (B)(1) of this section other than in | 64495 |
| accordance with division (B)(2) of this section, and no person | 64496 |
| shall remove, or cause the removal of, any motor vehicle from any | 64497 |
| other private property other than in accordance with division | 64498 |
| (A)(1) of this section or sections 4513.61 to 4513.65 of the | 64499 |
| Revised Code. | 64500 |
| (G) | 64501 |
| section is guilty of a minor misdemeanor. | 64502 |
| | 64503 |
| 64504 | |
| 64505 | |
| 64506 | |
| 64507 | |
| 64508 |
| Sec. 4513.65. (A) For purposes of this section, "junk motor | 64509 |
| vehicle" means any motor vehicle meeting the requirements of | 64510 |
| divisions (B), (C), (D), and (E) of section 4513.63 of the Revised | 64511 |
| Code that is left uncovered in the open on private property for | 64512 |
| more than seventy-two hours with the permission of the person | 64513 |
| having the right to the possession of the property, except if the | 64514 |
| person is operating a junk yard or scrap metal processing facility | 64515 |
| licensed under authority of sections 4737.05 to 4737.12 of the | 64516 |
| Revised Code, or regulated under authority of a political | 64517 |
| subdivision; or if the property on which the motor vehicle is left | 64518 |
| is not subject to licensure or regulation by any governmental | 64519 |
| authority, unless the person having the right to the possession of | 64520 |
| the property can establish that the motor vehicle is part of a | 64521 |
| bona fide commercial operation; or if the motor vehicle is a | 64522 |
| collector's vehicle. | 64523 |
| No political subdivision shall prevent a person from storing | 64524 |
| or keeping, or restrict a person in the method of storing or | 64525 |
| keeping, any collector's vehicle on private property with the | 64526 |
| permission of the person having the right to the possession of the | 64527 |
| property; except that a political subdivision may require a person | 64528 |
| having such permission to conceal, by means of buildings, fences, | 64529 |
| vegetation, terrain, or other suitable obstruction, any unlicensed | 64530 |
| collector's vehicle stored in the open. | 64531 |
| The sheriff of a county, or chief of police of a municipal | 64532 |
| corporation, within the sheriff's or chief's respective | 64533 |
| territorial jurisdiction, a state highway patrol trooper, a board | 64534 |
| of township trustees, the legislative authority of a municipal | 64535 |
| corporation, or the zoning authority of a township or a municipal | 64536 |
| corporation, may send notice, by certified mail with return | 64537 |
| receipt requested, to the person having the right to the | 64538 |
| possession of the property on which a junk motor vehicle is left, | 64539 |
| that within ten days of receipt of the notice, the junk motor | 64540 |
| vehicle either shall be covered by being housed in a garage or | 64541 |
| other suitable structure, or shall be removed from the property. | 64542 |
| No person shall willfully leave a junk motor vehicle | 64543 |
| uncovered in the open for more than ten days after receipt of a | 64544 |
| notice as provided in this section. The fact that a junk motor | 64545 |
| vehicle is so left is prima-facie evidence of willful failure to | 64546 |
| comply with the notice, and each subsequent period of thirty days | 64547 |
| that a junk motor vehicle continues to be so left constitutes a | 64548 |
| separate offense. | 64549 |
| (B) | 64550 |
| Whoever
violates this section is guilty of a minor misdemeanor | 64551 |
| 64552 | |
| 64553 | |
| 64554 | |
| 64555 | |
| 64556 | |
| 64557 | |
| 64558 |
| Sec. 4513.99. (A)
Any violation of section | 64559 |
| 64560 | |
| 64561 | |
| 64562 | |
|
4513.182, | 64563 |
| 64564 | |
| 4513.29, 4513.30, 4513.31, 4513.32, or 4513.34 of the Revised Code | 64565 |
| shall be punished under division (B) of this section. | 64566 |
| (B) Whoever violates the sections of this chapter that are | 64567 |
| specifically required to be punished under this division, or any | 64568 |
| provision of sections 4513.03 to 4513.262 or 4513.27 to 4513.37 of | 64569 |
| the Revised Code for which violation no penalty is otherwise | 64570 |
| provided, is guilty of a minor misdemeanor on a first offense; on | 64571 |
| a second offense within one year after the first offense, the | 64572 |
| person is guilty of a misdemeanor of the fourth degree; on each | 64573 |
| subsequent offense within one year after the first offense, the | 64574 |
| person is guilty of a misdemeanor of the third degree. | 64575 |
| Sec. 4517.01. As used in sections 4517.01 to 4517.65 of the | 64576 |
| Revised Code: | 64577 |
| (A) "Persons" includes individuals, firms, partnerships, | 64578 |
| associations, joint stock companies, corporations, and any | 64579 |
| combinations of individuals. | 64580 |
| (B) "Motor vehicle" means motor vehicle as defined in section | 64581 |
| 4501.01 of the Revised Code and also includes "all-purpose | 64582 |
| vehicle" and "off-highway motorcycle" as those terms are defined | 64583 |
|
in section 4519.01 of
the Revised Code | 64584 |
| 64585 | |
| section 4519.01 of the Revised Code or manufactured and mobile | 64586 |
| homes. | 64587 |
| (C) "New motor vehicle" means a motor vehicle, the legal | 64588 |
| title to which has never been transferred by a manufacturer, | 64589 |
| remanufacturer, distributor, or dealer to an ultimate purchaser. | 64590 |
| (D) "Ultimate purchaser" means, with respect to any new motor | 64591 |
| vehicle, the first person, other than a dealer purchasing in the | 64592 |
| capacity of a dealer, who in good faith purchases such new motor | 64593 |
| vehicle for purposes other than resale. | 64594 |
| (E) "Business" includes any activities engaged in by any | 64595 |
| person for the object of gain, benefit, or advantage either direct | 64596 |
| or indirect. | 64597 |
| (F) "Engaging in business" means commencing, conducting, or | 64598 |
| continuing in business, or liquidating a business when the | 64599 |
| liquidator thereof holds self out to be conducting such business; | 64600 |
| making a casual sale or otherwise making transfers in the ordinary | 64601 |
| course of business when the transfers are made in connection with | 64602 |
| the disposition of all or substantially all of the transferor's | 64603 |
| assets is not engaging in business. | 64604 |
| (G) "Retail sale" or "sale at retail" means the act or | 64605 |
| attempted act of selling, bartering, exchanging, or otherwise | 64606 |
| disposing of a motor vehicle to an ultimate purchaser for use as a | 64607 |
| consumer. | 64608 |
| (H) "Retail installment contract" includes any contract in | 64609 |
| the form of a note, chattel mortgage, conditional sales contract, | 64610 |
| lease, agreement, or other instrument payable in one or more | 64611 |
| installments over a period of time and arising out of the retail | 64612 |
| sale of a motor vehicle. | 64613 |
| (I) "Farm machinery" means all machines and tools used in the | 64614 |
| production, harvesting, and care of farm products. | 64615 |
| (J) "Dealer" or "motor vehicle dealer" means any new motor | 64616 |
| vehicle dealer, any motor vehicle leasing dealer, and any used | 64617 |
| motor vehicle dealer. | 64618 |
| (K) "New motor vehicle dealer" means any person engaged in | 64619 |
| the business of selling at retail, displaying, offering for sale, | 64620 |
| or dealing in new motor vehicles pursuant to a contract or | 64621 |
| agreement entered into with the manufacturer, remanufacturer, or | 64622 |
| distributor of the motor vehicles. | 64623 |
| (L) "Used motor vehicle dealer" means any person engaged in | 64624 |
| the business of selling, displaying, offering for sale, or dealing | 64625 |
| in used motor vehicles, at retail or wholesale, but does not mean | 64626 |
| any new motor vehicle dealer selling, displaying, offering for | 64627 |
| sale, or dealing in used motor vehicles incidentally to engaging | 64628 |
| in the business of selling, displaying, offering for sale, or | 64629 |
| dealing in new motor vehicles, any person engaged in the business | 64630 |
| of dismantling, salvaging, or rebuilding motor vehicles by means | 64631 |
| of using used parts, or any public officer performing official | 64632 |
| duties. | 64633 |
| (M) "Motor vehicle leasing dealer" means any person engaged | 64634 |
| in the business of regularly making available, offering to make | 64635 |
| available, or arranging for another person to use a motor vehicle | 64636 |
| pursuant to a bailment, lease, sublease, or other contractual | 64637 |
| arrangement under which a charge is made for its use at a periodic | 64638 |
| rate for a term of thirty days or more, and title to the motor | 64639 |
| vehicle is in and remains in the motor vehicle leasing dealer who | 64640 |
| originally leases it, irrespective of whether or not the motor | 64641 |
| vehicle is the subject of a later sublease, and not in the user, | 64642 |
| but does not mean a manufacturer or its affiliate leasing to its | 64643 |
| employees or to dealers. | 64644 |
| (N) "Salesperson" means any person employed by a dealer or | 64645 |
| manufactured home broker to sell, display, and offer for sale, or | 64646 |
| deal in motor vehicles for a commission, compensation, or other | 64647 |
| valuable consideration, but does not mean any public officer | 64648 |
| performing official duties. | 64649 |
| (O) "Casual sale" means any transfer of a motor vehicle by a | 64650 |
| person other than a new motor vehicle dealer, used motor vehicle | 64651 |
| dealer, motor vehicle salvage dealer, as defined in division (A) | 64652 |
| of section 4738.01 of the Revised Code, salesperson, motor vehicle | 64653 |
| auction owner, manufacturer, or distributor acting in the capacity | 64654 |
| of a dealer, salesperson, auction owner, manufacturer, or | 64655 |
| distributor, to a person who purchases the motor vehicle for use | 64656 |
| as a consumer. | 64657 |
| (P) "Motor vehicle show" means a display of current models of | 64658 |
| motor vehicles whereby the primary purpose is the exhibition of | 64659 |
| competitive makes and models in order to provide the general | 64660 |
| public the opportunity to review and inspect various makes and | 64661 |
| models of motor vehicles at a single location. | 64662 |
| (Q) "Motor vehicle auction owner" means any person who is | 64663 |
| engaged wholly or in part in the business of auctioning motor | 64664 |
| vehicles. | 64665 |
| (R) "Manufacturer" means a person who manufactures, | 64666 |
| assembles, or imports motor vehicles, including motor homes, but | 64667 |
| does not mean a person who only assembles or installs a body, | 64668 |
| special equipment unit, finishing trim, or accessories on a motor | 64669 |
| vehicle chassis supplied by a manufacturer or distributor. | 64670 |
| (S) "Tent-type fold-out camping trailer" means any vehicle | 64671 |
| intended to be used, when stationary, as a temporary shelter with | 64672 |
| living and sleeping facilities, and that is subject to the | 64673 |
| following properties and limitations: | 64674 |
| (1) A minimum of twenty-five per cent of the fold-out portion | 64675 |
| of the top and sidewalls combined must be constructed of canvas, | 64676 |
| vinyl, or other fabric, and form an integral part of the shelter. | 64677 |
| (2) When folded, the unit must not exceed: | 64678 |
| (a) Fifteen feet in length, exclusive of bumper and tongue; | 64679 |
| (b) Sixty inches in height from the point of contact with the | 64680 |
| ground; | 64681 |
| (c) Eight feet in width; | 64682 |
| (d) One ton gross weight at time of sale. | 64683 |
| (T) "Distributor" means any person authorized by a motor | 64684 |
| vehicle manufacturer to distribute new motor vehicles to licensed | 64685 |
| new motor vehicle dealers, but does not mean a person who only | 64686 |
| assembles or installs a body, special equipment unit, finishing | 64687 |
| trim, or accessories on a motor vehicle chassis supplied by a | 64688 |
| manufacturer or distributor. | 64689 |
| (U) "Flea market" means a market place, other than a dealer's | 64690 |
| location licensed under this chapter, where a space or location is | 64691 |
| provided for a fee or compensation to a seller to exhibit and | 64692 |
| offer for sale or trade, motor vehicles to the general public. | 64693 |
| (V) "Franchise" means any written agreement, contract, or | 64694 |
| understanding between any motor vehicle manufacturer or | 64695 |
| remanufacturer engaged in commerce and any motor vehicle dealer | 64696 |
| that purports to fix the legal rights and liabilities of the | 64697 |
| parties to such agreement, contract, or understanding. | 64698 |
| (W) "Franchisee" means a person who receives new motor | 64699 |
| vehicles from the franchisor under a franchise agreement and who | 64700 |
| offers, sells, and provides service for such new motor vehicles to | 64701 |
| the general public. | 64702 |
| (X) "Franchisor" means a new motor vehicle manufacturer, | 64703 |
| remanufacturer, or distributor who supplies new motor vehicles | 64704 |
| under a franchise agreement to a franchisee. | 64705 |
| (Y) "Dealer organization" means a state or local trade | 64706 |
| association the membership of which is comprised predominantly of | 64707 |
| new motor vehicle dealers. | 64708 |
| (Z) "Factory representative" means a representative employed | 64709 |
| by a manufacturer, remanufacturer, or by a factory branch | 64710 |
| primarily for the purpose of promoting the sale of its motor | 64711 |
| vehicles, parts, or accessories to dealers or for supervising or | 64712 |
| contacting its dealers or prospective dealers. | 64713 |
| (AA) "Administrative or executive management" means those | 64714 |
| individuals who are not subject to federal wage and hour laws. | 64715 |
| (BB) "Good faith" means honesty in the conduct or transaction | 64716 |
| concerned and the observance of reasonable commercial standards of | 64717 |
| fair dealing in the trade as is defined in division (S) of section | 64718 |
| 1301.01 of the Revised Code, including, but not limited to, the | 64719 |
| duty to act in a fair and equitable manner so as to guarantee | 64720 |
| freedom from coercion, intimidation, or threats of coercion or | 64721 |
| intimidation; provided however, that recommendation, endorsement, | 64722 |
| exposition, persuasion, urging, or argument shall not be | 64723 |
| considered to constitute a lack of good faith. | 64724 |
| (CC) "Coerce" means to compel or attempt to compel by failing | 64725 |
| to act in good faith or by threat of economic harm, breach of | 64726 |
| contract, or other adverse consequences. Coerce does not mean to | 64727 |
| argue, urge, recommend, or persuade. | 64728 |
| (DD) "Relevant market area" means any area within a radius of | 64729 |
| ten miles from the site of a potential new dealership, except that | 64730 |
| for manufactured home or recreational vehicle dealerships the | 64731 |
| radius shall be twenty-five miles. The ten-mile radius shall be | 64732 |
| measured from the dealer's established place of business that is | 64733 |
| used exclusively for the purpose of selling, displaying, offering | 64734 |
| for sale, or dealing in motor vehicles. | 64735 |
| (EE) "Wholesale" or "at wholesale" means the act or attempted | 64736 |
| act of selling, bartering, exchanging, or otherwise disposing of a | 64737 |
| motor vehicle to a transferee for the purpose of resale and not | 64738 |
| for ultimate consumption by that transferee. | 64739 |
| (FF) "Motor vehicle wholesaler" means any person licensed as | 64740 |
| a dealer under the laws of another state and engaged in the | 64741 |
| business of selling, displaying, or offering for sale used motor | 64742 |
| vehicles, at wholesale, but does not mean any motor vehicle dealer | 64743 |
| as defined in this section. | 64744 |
| (GG)(1) "Remanufacturer" means a person who assembles or | 64745 |
| installs passenger seating, walls, a roof elevation, or a body | 64746 |
| extension on a conversion van with the motor vehicle chassis | 64747 |
| supplied by a manufacturer or distributor, a person who modifies a | 64748 |
| truck chassis supplied by a manufacturer or distributor for use as | 64749 |
| a public safety or public service vehicle, a person who modifies a | 64750 |
| motor vehicle chassis supplied by a manufacturer or distributor | 64751 |
| for use as a limousine or hearse, or a person who modifies an | 64752 |
| incomplete motor vehicle cab and chassis supplied by a new motor | 64753 |
| vehicle dealer or distributor for use as a tow truck, but does not | 64754 |
| mean either of the following: | 64755 |
| (a) A person who assembles or installs passenger seating, | 64756 |
| 64757 | |
| 64758 | |
| 64759 | |
| 64760 | |
| 64761 | |
| referred to in division (B) of section 4501.01 of the Revised | 64762 |
| Code; | 64763 |
| (b) A person who assembles or installs special equipment or | 64764 |
| accessories for handicapped persons, as defined in section 4503.44 | 64765 |
| of the Revised Code, upon a motor vehicle chassis supplied by a | 64766 |
| manufacturer or distributor. | 64767 |
| (2) For the purposes of division (GG)(1) of this section, | 64768 |
| "public safety vehicle or public service vehicle" means a fire | 64769 |
| truck, ambulance, school bus, street sweeper, garbage packing | 64770 |
| truck, or cement mixer, or a mobile self-contained facility | 64771 |
| vehicle. | 64772 |
| (3) For the purposes of division (GG)(1) of this section, | 64773 |
| "limousine" means a motor vehicle, designed only for the purpose | 64774 |
| of carrying nine or fewer passengers, that a person modifies by | 64775 |
| cutting the original chassis, lengthening the wheelbase by forty | 64776 |
| inches or more, and reinforcing the chassis in such a way that all | 64777 |
| modifications comply with all applicable federal motor vehicle | 64778 |
| safety standards. No person shall qualify as or be deemed to be a | 64779 |
| remanufacturer who produces limousines unless the person has a | 64780 |
| written agreement with the manufacturer of the chassis the person | 64781 |
| utilizes to produce the limousines to complete properly the | 64782 |
| remanufacture of the chassis into limousines. | 64783 |
| (4) For the purposes of division (GG)(1) of this section, | 64784 |
| "hearse" means a motor vehicle, designed only for the purpose of | 64785 |
| transporting a single casket, that is equipped with a compartment | 64786 |
| designed specifically to carry a single casket that a person | 64787 |
| modifies by cutting the original chassis, lengthening the | 64788 |
| wheelbase by ten inches or more, and reinforcing the chassis in | 64789 |
| such a way that all modifications comply with all applicable | 64790 |
| federal motor vehicle safety standards. No person shall qualify as | 64791 |
| or be deemed to be a remanufacturer who produces hearses unless | 64792 |
| the person has a written agreement with the manufacturer of the | 64793 |
| chassis the person utilizes to produce the hearses to complete | 64794 |
| properly the remanufacture of the chassis into hearses. | 64795 |
| (5) For the purposes of division (GG)(1) of this section, | 64796 |
| "mobile self-contained facility vehicle" means a mobile classroom | 64797 |
| vehicle, mobile laboratory vehicle, bookmobile, bloodmobile, | 64798 |
| testing laboratory, and mobile display vehicle, each of which is | 64799 |
| designed for purposes other than for passenger transportation and | 64800 |
| other than the transportation or displacement of cargo, freight, | 64801 |
| materials, or merchandise. A vehicle is remanufactured into a | 64802 |
| mobile self-contained facility vehicle in part by the addition of | 64803 |
| insulation to the body shell, and installation of all of the | 64804 |
| following: a generator, electrical wiring, plumbing, holding | 64805 |
| tanks, doors, windows, cabinets, shelving, and heating, | 64806 |
| ventilating, and air conditioning systems. | 64807 |
| (6) For the purposes of division (GG)(1) of this section, | 64808 |
| "tow truck" means both of the following: | 64809 |
| (a) An incomplete cab and chassis that are purchased by a | 64810 |
| remanufacturer from a new motor vehicle dealer or distributor of | 64811 |
| the cab and chassis and on which the remanufacturer then installs | 64812 |
| in a permanent manner a wrecker body it purchases from a | 64813 |
| manufacturer or distributor of wrecker bodies, installs an | 64814 |
| emergency flashing light pylon and emergency lights upon the mast | 64815 |
| of the wrecker body or rooftop, and installs such other related | 64816 |
| accessories and equipment, including push bumpers, front grille | 64817 |
| guards with pads and other custom-ordered items such as painting, | 64818 |
| special lettering, and safety striping so as to create a complete | 64819 |
| motor vehicle capable of lifting and towing another motor vehicle. | 64820 |
| (b) An incomplete cab and chassis that are purchased by a | 64821 |
| remanufacturer from a new motor vehicle dealer or distributor of | 64822 |
| the cab and chassis and on which the remanufacturer then installs | 64823 |
| in a permanent manner a car carrier body it purchases from a | 64824 |
| manufacturer or distributor of car carrier bodies, installs an | 64825 |
| emergency flashing light pylon and emergency lights upon the | 64826 |
| rooftop, and installs such other related accessories and | 64827 |
| equipment, including push bumpers, front grille guards with pads | 64828 |
| and other custom-ordered items such as painting, special | 64829 |
| lettering, and safety striping. | 64830 |
| As used in division (GG)(6)(b) of this section, "car carrier | 64831 |
| body" means a mechanical or hydraulic apparatus capable of lifting | 64832 |
| and holding a motor vehicle on a flat level surface so that one or | 64833 |
| more motor vehicles can be transported, once the car carrier is | 64834 |
| permanently installed upon an incomplete cab and chassis. | 64835 |
| (HH) "Operating as a new motor vehicle dealership" means | 64836 |
| engaging in activities such as displaying, offering for sale, and | 64837 |
| selling new motor vehicles at retail, operating a service facility | 64838 |
| to perform repairs and maintenance on motor vehicles, offering for | 64839 |
| sale and selling motor vehicle parts at retail, and conducting all | 64840 |
| other acts that are usual and customary to the operation of a new | 64841 |
| motor vehicle dealership. For the purposes of this chapter only, | 64842 |
| possession of either a valid new motor vehicle dealer franchise | 64843 |
| agreement or a new motor vehicle dealers license, or both of these | 64844 |
| items, is not evidence that a person is operating as a new motor | 64845 |
| vehicle dealership. | 64846 |
| (II) | 64847 |
| 64848 | |
| 64849 | |
| 64850 |
| | 64851 |
| tractors, walk-behind and riding mowers, chainsaws, and tillers. | 64852 |
| | 64853 |
| separate from a licensed new motor vehicle dealer's sales facility | 64854 |
| by not more than one mile and that are used by the dealer to | 64855 |
| perform repairs, warranty work, recall work, and maintenance on | 64856 |
| motor vehicles pursuant to a franchise agreement entered into with | 64857 |
| a manufacturer of motor vehicles. A remote service facility shall | 64858 |
| be deemed to be part of the franchise agreement and is subject to | 64859 |
| all the rights, duties, obligations, and requirements of Chapter | 64860 |
| 4517. of the Revised Code that relate to the performance of motor | 64861 |
| vehicle repairs, warranty work, recall work, and maintenance work | 64862 |
| by new motor vehicle dealers. | 64863 |
| Sec. 4517.02. (A) Except as otherwise provided in this | 64864 |
| section, no person shall do any of the following: | 64865 |
| (1) Engage in the business of displaying or selling at retail | 64866 |
| new motor vehicles or assume to engage in that business, unless | 64867 |
| the person is licensed as a new motor vehicle dealer under | 64868 |
| sections 4517.01 to 4517.45 of the Revised Code, or is a | 64869 |
| salesperson licensed under those sections and employed by a | 64870 |
| licensed new motor vehicle dealer; | 64871 |
| (2) Engage in the business of offering for sale, displaying | 64872 |
| for sale, or selling at retail or wholesale used motor vehicles or | 64873 |
| assume to engage in that business, unless the person is licensed | 64874 |
| as a dealer under sections 4517.01 to 4517.45 of the Revised Code, | 64875 |
| or is a salesperson licensed under those sections and employed by | 64876 |
| a licensed used motor vehicle dealer or licensed new motor vehicle | 64877 |
| dealer; | 64878 |
| (3) Engage in the business of regularly making available, | 64879 |
| offering to make available, or arranging for another person to use | 64880 |
| a motor vehicle, in the manner described in division (M) of | 64881 |
| section 4517.01 of the Revised Code, unless the person is licensed | 64882 |
| as a motor vehicle leasing dealer under sections 4517.01 to | 64883 |
| 4517.45 of the Revised Code; | 64884 |
| (4) Engage in the business of motor vehicle auctioning or | 64885 |
| assume to engage in that business, unless the person is licensed | 64886 |
| as a motor vehicle auction owner under sections 4517.01 to 4517.45 | 64887 |
| of the Revised Code and the person uses an auctioneer who is | 64888 |
| licensed under Chapter 4707. of the Revised Code to conduct the | 64889 |
| motor vehicle auctions; | 64890 |
| (5) Engage in the business of distributing motor vehicles or | 64891 |
| assume to engage in that business, unless the person is licensed | 64892 |
| as a distributor under sections 4517.01 to 4517.45 of the Revised | 64893 |
| Code; | 64894 |
| (6) Make more than five casual sales of motor vehicles in a | 64895 |
| twelve-month period, commencing with the day of the month in which | 64896 |
| the first such sale is made, nor provide a location or space for | 64897 |
| the sale of motor vehicles at a flea market, without obtaining a | 64898 |
| license as a dealer under sections 4517.01 to 4517.45 of the | 64899 |
| Revised Code, provided that nothing in this section shall be | 64900 |
| construed to prohibit the disposition without a license of a motor | 64901 |
| vehicle originally acquired and held for purposes other than sale, | 64902 |
| rental, or lease to an employee, retiree, officer, or director of | 64903 |
| the person making the disposition, to a corporation affiliated | 64904 |
| with the person making the disposition, or to a person licensed | 64905 |
|
under sections 4517.01
to 4517.45 of the Revised Code | 64906 |
| | 64907 |
| 64908 | |
| 64909 |
| (B) Nothing in this section shall be construed to require an | 64910 |
| auctioneer licensed under sections 4707.01 to 4707.19 of the | 64911 |
| Revised Code, to obtain a motor vehicle salesperson's license | 64912 |
| under sections 4517.01 to 4517.45 of the Revised Code when | 64913 |
| conducting an auction sale for a licensed motor vehicle dealer on | 64914 |
| the dealer's premises, or when conducting an auction sale for a | 64915 |
| licensed motor vehicle auction owner; nor shall such an auctioneer | 64916 |
| be required to obtain a motor vehicle auction owner's license | 64917 |
| under sections 4517.01 to 4517.45 of the Revised Code when engaged | 64918 |
| in auctioning for a licensed motor vehicle auction owner. | 64919 |
| (C) Sections 4517.01 to 4517.45 of the Revised Code do not | 64920 |
| apply to any of the following: | 64921 |
| (1) Persons engaging in the business of selling commercial | 64922 |
| tractors, trailers, or semitrailers incidentally to engaging | 64923 |
| primarily in business other than the selling or leasing of motor | 64924 |
| vehicles; | 64925 |
| (2) Mortgagees selling at retail only those motor vehicles | 64926 |
| that have come into their possession by a default in the terms of | 64927 |
| a mortgage contract; | 64928 |
| (3) The leasing, rental, and interchange of motor vehicles | 64929 |
| used directly in the rendition of a public utility service by | 64930 |
| regulated motor carriers. | 64931 |
| (D) When a partnership licensed under sections 4517.01 to | 64932 |
| 4517.45 of the Revised Code is dissolved by death, the surviving | 64933 |
| partners may operate under the license for a period of sixty days, | 64934 |
| and the heirs or representatives of deceased persons and receivers | 64935 |
| or trustees in bankruptcy appointed by any competent authority may | 64936 |
| operate under the license of the person succeeded in possession by | 64937 |
| that heir, representative, receiver, or trustee in bankruptcy. | 64938 |
| (E) No remanufacturer shall engage in the business of selling | 64939 |
| at retail any new motor vehicle without having written authority | 64940 |
| from the manufacturer or distributor of the vehicle to sell new | 64941 |
| motor vehicles and to perform repairs under the terms of the | 64942 |
| manufacturer's or distributor's new motor vehicle warranty, | 64943 |
| unless, at the time of the sale of the vehicle, each customer is | 64944 |
| furnished with a binding agreement ensuring that the customer has | 64945 |
| the right to have the vehicle serviced or repaired by a new motor | 64946 |
| vehicle dealer who is franchised to sell and service vehicles of | 64947 |
| the same line-make as the chassis of the remanufactured vehicle | 64948 |
| purchased by the customer and whose service or repair facility is | 64949 |
| located within either twenty miles of the remanufacturer's | 64950 |
| location and place of business or twenty miles of the customer's | 64951 |
| residence or place of business. If there is no such new motor | 64952 |
| vehicle dealer located within twenty miles of the remanufacturer's | 64953 |
| location and place of business or the customer's residence or | 64954 |
| place of business, the binding agreement furnished to the customer | 64955 |
| may be with the new motor vehicle dealer who is franchised to sell | 64956 |
| and service vehicles of the same line-make as the chassis of the | 64957 |
| remanufactured vehicle purchased by the customer and whose service | 64958 |
| or repair facility is located nearest to the remanufacturer's | 64959 |
| location and place of business or the customer's residence or | 64960 |
| place of business. Additionally, at the time of sale of any | 64961 |
| vehicle, each customer of the remanufacturer shall be furnished | 64962 |
| with a warranty issued by the remanufacturer for a term of at | 64963 |
| least one year. | 64964 |
| (F) Except as otherwise provided in this division, whoever | 64965 |
| violates this section is guilty of a minor misdemeanor and shall | 64966 |
| be subject to a mandatory fine of one hundred dollars. If the | 64967 |
| offender previously has been convicted of or pleaded guilty to a | 64968 |
| violation of this section, whoever violates this section is guilty | 64969 |
| of a misdemeanor of the first degree and shall be subject to a | 64970 |
| mandatory fine of one thousand dollars. | 64971 |
| Sec. 4517.03. (A) A place of business that is used for | 64972 |
| selling, displaying, offering for sale, or dealing in motor | 64973 |
| vehicles shall be considered as used exclusively for those | 64974 |
| purposes even though snowmobiles, farm machinery, outdoor power | 64975 |
| equipment, watercraft and related products, or products | 64976 |
| manufactured or distributed by a motor vehicle manufacturer with | 64977 |
| which the motor vehicle dealer has a franchise agreement are sold | 64978 |
| or displayed there, or if repair, accessory, gasoline and oil, | 64979 |
| storage, parts, service, or paint departments are maintained | 64980 |
| there, or such products or services are provided there, if the | 64981 |
| departments are operated or the products or services are provided | 64982 |
| for the business of selling, displaying, offering for sale, or | 64983 |
| dealing in motor vehicles. Places of business or departments in a | 64984 |
| place of business used to dismantle, salvage, or rebuild motor | 64985 |
| vehicles by means of using used parts, are not considered as being | 64986 |
| maintained for the purpose of assisting or furthering the selling, | 64987 |
| displaying, offering for sale, or dealing in motor vehicles. A | 64988 |
| place of business shall be considered as used exclusively for | 64989 |
| selling, displaying, offering for sale, or dealing in motor | 64990 |
| vehicles even though a business owned by a motor vehicle leasing | 64991 |
| dealer or a motor vehicle renting dealer is located at the place | 64992 |
| of business. | 64993 |
| (B)(1) No new motor vehicle dealer shall sell, display, offer | 64994 |
| for sale, or deal in motor vehicles at any place except an | 64995 |
| established place of business that is used exclusively for the | 64996 |
| purpose of selling, displaying, offering for sale, or dealing in | 64997 |
| motor vehicles. The place of business shall have space, under | 64998 |
| roof, for the display of at least one new motor vehicle. The | 64999 |
| established place of business or, if the dealer operates a remote | 65000 |
| service facility, the dealer's remote service facility shall have | 65001 |
| facilities and space for the inspection, servicing, and repair of | 65002 |
| at least one motor vehicle. However a new motor vehicle dealer | 65003 |
| selling manufactured or mobile homes is exempt from the | 65004 |
| requirement that a place of business have space, under roof, for | 65005 |
| the display of at least one new motor vehicle and facilities and | 65006 |
| space for the inspection, servicing, and repair of at least one | 65007 |
| motor vehicle. | 65008 |
| (2) A licensed new motor vehicle dealer may operate a remote | 65009 |
| service facility with the consent of the manufacturer and only to | 65010 |
| perform repairs, warranty work, recall work, and maintenance on | 65011 |
| motor vehicles as part of the dealer's franchised and licensed new | 65012 |
| motor vehicle dealership. The remote service facility shall be | 65013 |
| included on the new motor vehicle dealer's license and be deemed | 65014 |
| to be part of the dealer's licensed location. | 65015 |
| (3) No person shall use a remote service facility for | 65016 |
| selling, displaying, or offering for sale motor vehicles. | 65017 |
| | 65018 |
| 65019 | |
| 65020 | |
| 65021 |
| (C) No used motor vehicle dealer shall sell, display, offer | 65022 |
| for sale, or deal in motor vehicles at any place except an | 65023 |
| established place of business that is used exclusively for the | 65024 |
| purpose of selling, displaying, offering for sale, or dealing in | 65025 |
| motor vehicles. | 65026 |
| (D) No motor vehicle leasing dealer shall make a motor | 65027 |
| vehicle available for use by another, in the manner described in | 65028 |
| division (M) of section 4517.01 of the Revised Code, at any place | 65029 |
| except an established place of business that is used for leasing | 65030 |
| motor vehicles; except that a motor vehicle leasing dealer who is | 65031 |
| also a new motor vehicle dealer or used motor vehicle dealer may | 65032 |
| lease motor vehicles at the same place of business at which the | 65033 |
| dealer sells, offers for sale, or deals in new or used motor | 65034 |
| vehicles. | 65035 |
| (E) No motor vehicle leasing dealer or motor vehicle renting | 65036 |
| dealer shall sell a motor vehicle within ninety days after a | 65037 |
| certificate of title to the motor vehicle is issued to the dealer, | 65038 |
| except when a salvage certificate of title is issued to replace | 65039 |
| the original certificate of title and except when a motor vehicle | 65040 |
| leasing dealer sells a motor vehicle to another motor vehicle | 65041 |
| leasing dealer at the end of a sublease pursuant to that sublease. | 65042 |
| (F) No distributor shall distribute new motor vehicles to new | 65043 |
| motor vehicle dealers at any place except an established place of | 65044 |
| business that is used exclusively for the purpose of distributing | 65045 |
| new motor vehicles to new motor vehicle dealers; except that a | 65046 |
| distributor who is also a new motor vehicle dealer may distribute | 65047 |
| new motor vehicles at the same place of business at which the | 65048 |
| distributor sells, displays, offers for sale, or deals in new | 65049 |
| motor vehicles. | 65050 |
| (G) No person, firm, or corporation that sells, displays, or | 65051 |
| offers for sale tent-type fold-out camping trailers is subject to | 65052 |
| the requirement that the person's, firm's, or corporation's place | 65053 |
| of business be used exclusively for the purpose of selling, | 65054 |
| displaying, offering for sale, or dealing in motor vehicles. No | 65055 |
| person, firm, or corporation that sells, displays, or offers for | 65056 |
| sale tent-type fold-out camping trailers, trailers, semitrailers, | 65057 |
| or park trailers is subject to the requirement that the place of | 65058 |
| business have space, under roof, for the display of at least one | 65059 |
| new motor vehicle and facilities and space for the inspection, | 65060 |
| servicing, and repair of at least one motor vehicle. | 65061 |
| (H) | 65062 |
| 65063 | |
| 65064 | |
| 65065 |
| | 65066 |
| persons licensed under this chapter from making sales calls. | 65067 |
| | 65068 |
| misdemeanor of the fourth degree. | 65069 |
| | 65070 |
| (1) "Motor vehicle leasing dealer" has the same meaning as in | 65071 |
| section 4517.01 of the Revised Code. | 65072 |
| (2) "Motor vehicle renting dealer" has the same meaning as in | 65073 |
| section 4549.65 of the Revised Code. | 65074 |
| (3) "Watercraft" has the same meaning as in section 1547.01 | 65075 |
| of the Revised Code. | 65076 |
| Sec. 4517.30. The motor vehicle dealers board shall consist | 65077 |
| of eleven members. The registrar of motor vehicles or the | 65078 |
| registrar's designee shall be a member of the board, and the other | 65079 |
| ten members shall be appointed by the governor with the advice and | 65080 |
| consent of the senate. Not more than five of the ten members other | 65081 |
| than the registrar shall be of any one political party, and of the | 65082 |
| ten: | 65083 |
| (A) Three shall represent the public and shall not have | 65084 |
| engaged in the business of selling motor vehicles at retail in | 65085 |
| this state; | 65086 |
| (B) Five shall have been engaged in the business of selling | 65087 |
| motor vehicles at retail in this state for at least five years and | 65088 |
| have been engaged in such business within two years prior to the | 65089 |
| date of their appointment. Of these five: | 65090 |
| (1) Three shall have been engaged in the sale of new motor | 65091 |
| vehicles; | 65092 |
| (2) One shall have been engaged in the business of selling | 65093 |
| 65094 | |
| retail; | 65095 |
| (3) One shall have been engaged in the sale of used motor | 65096 |
| vehicles. | 65097 |
| (C) Two shall have been engaged in the leasing of motor | 65098 |
| vehicles. | 65099 |
| Terms of office of the ten members appointed by the governor | 65100 |
| shall be for three years, commencing on the fifth day of October | 65101 |
| and ending on the fourth day of October. Each member shall hold | 65102 |
| office from the date of the member's appointment until the end of | 65103 |
| the term for which the member was appointed. Any member appointed | 65104 |
| to fill a vacancy occurring prior to the expiration of the term | 65105 |
| for which the member's predecessor was appointed shall hold office | 65106 |
| for the remainder of such term. Any appointed member shall | 65107 |
| continue in office subsequent to the expiration date of the | 65108 |
| member's term until a successor takes office, or until a period of | 65109 |
| sixty days has elapsed, whichever occurs first. Annually the board | 65110 |
| shall organize by selecting from its members a president. Each | 65111 |
| appointed member of the board shall receive an amount fixed in | 65112 |
| accordance with division (J) of section 124.15 of the Revised | 65113 |
| Code, and shall be reimbursed for the actual and necessary | 65114 |
| expenses incurred in the discharge of the member's official | 65115 |
| duties. | 65116 |
| Sec. 4517.33. The motor vehicle dealers board shall hear | 65117 |
| appeals which may be taken from an order of the registrar of motor | 65118 |
| vehicles, refusing to issue a license. All appeals from any order | 65119 |
| of the registrar refusing to issue any license upon proper | 65120 |
| application must be taken within thirty days from the date of the | 65121 |
| order, or the order is final and conclusive. All appeals from | 65122 |
| orders of the registrar must be by petition in writing and | 65123 |
| verified under oath by the applicant whose application for license | 65124 |
| has been denied, and must set forth the reason for the appeal and | 65125 |
| the reason why, in the petitioner's opinion, the order of the | 65126 |
| registrar is not correct. In such appeals the board may make | 65127 |
| investigation to determine the correctness and legality of the | 65128 |
| order of the registrar. | 65129 |
| The board may make rules governing its actions relative to | 65130 |
| the suspension and revocation of dealers', motor vehicle leasing | 65131 |
|
dealers', | 65132 |
| owners', and salespersons' licenses, and may, upon its own motion, | 65133 |
| and shall, upon the verified complaint in writing of any person, | 65134 |
| investigate the conduct of any licensee under sections 4517.01 to | 65135 |
| 4517.65 of the Revised Code. The board shall suspend or revoke or | 65136 |
| notify the registrar to refuse to renew any dealer's, motor | 65137 |
|
vehicle leasing
dealer's, | 65138 |
| distributor's, auction owner's, or salesperson's license, if any | 65139 |
| ground existed upon which the license might have been refused, or | 65140 |
| if a ground exists that would be cause for refusal to issue a | 65141 |
| license. | 65142 |
| The board may suspend or revoke any license if the licensee | 65143 |
| has in any manner violated the rules issued pursuant to sections | 65144 |
| 4517.01 to 4517.65 of the Revised Code, or has violated section | 65145 |
| 4501.02 of the Revised Code, or has been convicted of committing a | 65146 |
| felony or violating any law that in any way relates to the | 65147 |
| selling, taxing, licensing, or regulation of sales of motor | 65148 |
| vehicles. | 65149 |
| Sec. 4517.43. (A) The applications for licenses and the | 65150 |
| copies of contracts required by sections 4517.04, 4517.05, | 65151 |
|
4517.051, | 65152 |
| Revised Code are not part of the public records but are | 65153 |
| confidential information for the use of the registrar of motor | 65154 |
| vehicles and the motor vehicle dealers board. No person shall | 65155 |
| divulge any information contained in such applications and | 65156 |
| acquired by the person in the person's capacity as an official or | 65157 |
| employee of the bureau of motor vehicles or of the board, except | 65158 |
| in a report to the registrar, to the board, or when called upon to | 65159 |
| testify in any court or proceeding. | 65160 |
| (B) Whoever violates this section is guilty of a minor | 65161 |
| misdemeanor. | 65162 |
| Sec. 4519.02. (A) Except as provided in divisions (B), (C), | 65163 |
| and (D) of this section, no person shall operate any snowmobile, | 65164 |
| off-highway motorcycle, or all-purpose vehicle within this state | 65165 |
| unless the snowmobile, off-highway motorcycle, or all-purpose | 65166 |
| vehicle is registered and numbered in accordance with sections | 65167 |
| 4519.03 and 4519.04 of the Revised Code. | 65168 |
| (B)(1) No registration is required for a snowmobile or | 65169 |
| off-highway motorcycle that is operated exclusively upon lands | 65170 |
| owned by the owner of the snowmobile or off-highway motorcycle, | 65171 |
| or on lands to which the owner of the snowmobile or off-highway | 65172 |
| motorcycle has a contractual right. | 65173 |
| (2) No registration is required for an all-purpose vehicle | 65174 |
|
that is used primarily | 65175 |
| agricultural purposes when the owner qualifies for the current | 65176 |
| agricultural use valuation tax credit, unless it is to be used on | 65177 |
| any public land, trail, or right-of-way. | 65178 |
| (3) Any all-purpose vehicle exempted from registration under | 65179 |
| division (B)(2) of this section and operated for agricultural | 65180 |
| purposes may use public roads and rights-of-way when traveling | 65181 |
| from one farm field to another, when such use does not violate | 65182 |
| section 4519.41 of the Revised Code. | 65183 |
| (C) No registration is required for a snowmobile, off-highway | 65184 |
| motorcycle, or all-purpose vehicle owned and used in this state by | 65185 |
| a resident of another state whenever that state has in effect a | 65186 |
| registration law similar to this chapter and the snowmobile, | 65187 |
| off-highway motorcycle, or all-purpose vehicle is properly | 65188 |
| registered under that state's law. Any snowmobile, off-highway | 65189 |
| motorcycle, or all-purpose vehicle owned and used in this state by | 65190 |
| a resident of a state not having a registration law similar to | 65191 |
| this chapter shall comply with section 4519.09 of the Revised | 65192 |
| Code. | 65193 |
| (D) No registration is required for a snowmobile, off-highway | 65194 |
| motorcycle, or all-purpose vehicle owned and used in this state by | 65195 |
| the United States, another state, or a political subdivision | 65196 |
| thereof, but the snowmobile, off-highway motorcycle, or | 65197 |
| all-purpose vehicle shall display the name of the owner thereon. | 65198 |
| (E) The owner or operator of any all-purpose vehicle operated | 65199 |
| or used upon the waters in this state shall comply with Chapters | 65200 |
| 1547. and 1548. of the Revised Code relative to the operation of | 65201 |
| watercraft. | 65202 |
| (F) Except as otherwise provided in this division, whoever | 65203 |
| violates division (A) of this section shall be fined not less | 65204 |
| than fifty dollars but not more than one hundred dollars. | 65205 |
| Sec. 4519.04. (A) Upon the filing of an application for | 65206 |
| registration of a snowmobile, off-highway motorcycle, or | 65207 |
| all-purpose vehicle and the payment of the tax therefor, the | 65208 |
| registrar of motor vehicles or a deputy registrar shall assign to | 65209 |
| the snowmobile, off-highway motorcycle, or all-purpose vehicle a | 65210 |
| distinctive number and issue and deliver to the owner in such | 65211 |
| manner as the registrar may select, a certificate of registration, | 65212 |
| in such form as the registrar shall prescribe. Any number so | 65213 |
| assigned to a snowmobile, off-highway motorcycle, or all-purpose | 65214 |
| vehicle shall be a permanent number, and shall not be issued to | 65215 |
| any other snowmobile, off-highway motorcycle, or all-purpose | 65216 |
| vehicle. | 65217 |
| (B)(1) In addition to the certificate of registration, the | 65218 |
| registrar or deputy registrar also shall issue to the owner of a | 65219 |
|
snowmobile or off-highway motorcycle | 65220 |
| 65221 | |
|
size of the | 65222 |
|
letters
displayed on | 65223 |
| decal stickers shall be one on | 65224 |
| 65225 |
| | 65226 |
| 65227 | |
| either side of the forward cowling | 65228 |
| 65229 | |
| 65230 | |
| 65231 |
| (2) The registrar or deputy registrar also shall issue to the | 65232 |
| owner of an all-purpose vehicle, in addition to the certificate of | 65233 |
| registration, one license plate and a validation sticker, or a | 65234 |
| validation sticker alone when applicable upon a registration | 65235 |
| renewal. The license plate and validation sticker shall be | 65236 |
| displayed on the all-purpose vehicle so that they are distinctly | 65237 |
| visible, in accordance with such rules as the registrar adopts. | 65238 |
| The validation sticker shall indicate the expiration date of the | 65239 |
| registration period of the all-purpose vehicle. During each | 65240 |
| succeeding registration period following the issuance of the | 65241 |
| license plate and validation sticker, upon the filing of an | 65242 |
| application for registration and payment of the fee specified in | 65243 |
| division (C) of this section, a validation sticker alone shall be | 65244 |
| issued. | 65245 |
| (C) Unless previously canceled, each certificate of | 65246 |
| registration issued for a snowmobile, off-highway motorcycle, or | 65247 |
| all-purpose vehicle expires upon the thirty-first day of December | 65248 |
| in the third year after the date it is issued. Application for | 65249 |
| renewal of a certificate may be made not earlier than ninety days | 65250 |
| preceding the expiration date, and shall be accompanied by a fee | 65251 |
| of thirty-one dollars and twenty-five cents. | 65252 |
| Notwithstanding section 4519.11 of the Revised Code, of each | 65253 |
| thirty-one dollar and twenty-five-cent fee collected for the | 65254 |
|
registration of | 65255 |
| all-purpose vehicle, the registrar shall retain not more than | 65256 |
| 65257 | |
| the bureau of motor vehicles incurs in registering the | 65258 |
| snowmobile, off-highway motorcycle, or all-purpose vehicle. The | 65259 |
| remainder of the fee shall be deposited into the state treasury | 65260 |
| to the credit of the state recreational vehicle fund created by | 65261 |
| section 4519.11 of the Revised Code. | 65262 |
| Sec. 4519.59. (A)(1) The clerk of a court of common pleas | 65263 |
| shall charge and retain fees as follows: | 65264 |
| (a) Fifteen dollars for each certificate of title or | 65265 |
| duplicate certificate of title including the issuance of a | 65266 |
| memorandum certificate of title, authorization to print a | 65267 |
| non-negotiable evidence of ownership described in division (D) of | 65268 |
| section 4519.58 of the Revised Code, non-negotiable evidence of | 65269 |
| ownership printed by the clerk under division (E) of that section, | 65270 |
| and notation of any lien on a certificate of title that is applied | 65271 |
| for at the same time as the certificate of title. The clerk shall | 65272 |
| retain eleven dollars and fifty cents of that fee for each | 65273 |
| certificate of title when there is a notation of a lien or | 65274 |
| security interest on the certificate of title, twelve dollars and | 65275 |
| twenty-five cents when there is no lien or security interest noted | 65276 |
| on the certificate of title, and eleven dollars and fifty cents | 65277 |
| for each duplicate certificate of title. | 65278 |
| (b) Five dollars for each certificate of title with no | 65279 |
| security interest noted that is issued to a licensed motor vehicle | 65280 |
| dealer for resale purposes. The clerk shall retain two dollars and | 65281 |
| twenty-five cents of that fee. | 65282 |
| (c) Five dollars for each memorandum certificate of title or | 65283 |
| non-negotiable evidence of ownership that is applied for | 65284 |
| separately. The clerk shall retain that entire fee. | 65285 |
| (2) The fees that are not retained by the clerk shall be | 65286 |
| paid to the registrar of motor vehicles by monthly returns, which | 65287 |
| shall be forwarded to the registrar not later than the fifth day | 65288 |
| of the month next succeeding that in which the certificate is | 65289 |
| forwarded or that in which the registrar is notified of a lien or | 65290 |
| cancellation of a lien. | 65291 |
| (B)(1) The registrar shall pay twenty-five cents of the | 65292 |
| amount received for each certificate of title that is issued to a | 65293 |
|
motor vehicle dealer for resale
| 65294 |
| certificates of title issued with a lien or security interest | 65295 |
| noted on the certificate of title, and twenty-five cents for each | 65296 |
| certificate of title with no lien or security interest noted on | 65297 |
| the certificate of title into the state bureau of motor vehicles | 65298 |
| fund established in section 4501.25 of the Revised Code. | 65299 |
| (2) Fifty cents of the amount received for each certificate | 65300 |
| of title shall be paid by the registrar as follows: | 65301 |
| (a) Four cents shall be paid into the state treasury to the | 65302 |
| credit of the motor vehicle dealers board fund created in section | 65303 |
| 4505.09 of the Revised Code, for use as described in division | 65304 |
| (B)(2)(a) of that section. | 65305 |
| (b) Twenty-one cents shall be paid into the highway operating | 65306 |
| fund. | 65307 |
| (c) Twenty-five cents shall be paid into the state treasury | 65308 |
| to the credit of the motor vehicle sales audit fund created in | 65309 |
| section 4505.09 of the Revised Code, for use as described in | 65310 |
| division (B)(2)(c) of that section. | 65311 |
| (3) Two dollars of the amount received by the registrar for | 65312 |
| each certificate of title shall be paid into the state treasury to | 65313 |
| the credit of the automated title processing fund created in | 65314 |
| section 4505.09 of the Revised Code, for use as described in | 65315 |
| divisions (B)(3)(a) and (c) of that section. | 65316 |
| Sec. 4549.10. (A) No person shall operate or cause to be | 65317 |
| operated upon a public road or highway a motor vehicle of a | 65318 |
| manufacturer or dealer unless the vehicle carries and displays two | 65319 |
| placards, except as provided in section 4503.21 of the Revised | 65320 |
| Code, issued by the director of public safety that bear the | 65321 |
| registration number of its manufacturer or dealer. | 65322 |
| (B) Whoever violates division (A) of this section is guilty | 65323 |
| of illegal operation of a manufacturer's or dealer's motor | 65324 |
|
vehicle, a minor
misdemeanor | 65325 |
| 65326 |
| Sec. 4549.12. (A) No person who is the owner of a motor | 65327 |
| vehicle and a resident of this state shall operate or drive the | 65328 |
| motor vehicle upon the highways of this state, while it displays a | 65329 |
| distinctive number or identification mark issued by or under the | 65330 |
| authority of another state, without complying with the laws of | 65331 |
| this state relating to the registration and identification of | 65332 |
| motor vehicles. | 65333 |
| (B) Whoever violates division (A) of this section is guilty | 65334 |
| of illegal operation by a resident of this state of a motor | 65335 |
| vehicle bearing the distinctive number or identification mark | 65336 |
|
issued by a
foreign jurisdiction, a minor misdemeanor | 65337 |
| 65338 | |
| 65339 |
| Sec. 4582.71. (A) As used in this section: | 65340 |
| (1) "Bond proceedings" means, with respect to obligations | 65341 |
| authorized under this section, the resolutions, certifications and | 65342 |
| agreements, including without limitation a venture capital | 65343 |
| agreement, the loan documents and any trust agreements, and any | 65344 |
| authorized credit enhancement facilities or swaps or other hedging | 65345 |
| instruments, and amendments or supplements thereto, or to any one | 65346 |
| or more or combination of them, authorizing, awarding, or | 65347 |
| providing for the terms and conditions applicable to or providing | 65348 |
| for the security or liquidity of, the particular obligations, and | 65349 |
| the provisions contained in those obligations. | 65350 |
| (2) "Issuing authority" means a port authority that, pursuant | 65351 |
| to a venture capital agreement, issues or issued obligations to | 65352 |
| fund one or more loans to the program fund. | 65353 |
| (3) "Loan" means an extension of credit to or in aid of the | 65354 |
| program fund in any form, including loans to lenders or the | 65355 |
| purchase of loans, including the purchase for cancellation of any | 65356 |
| loan, and evidenced in any manner including, without limitation, | 65357 |
| by a loan agreement, a promissory note, a bond, note, certificate | 65358 |
| of participation or other security, a letter of credit and | 65359 |
| reimbursement agreement or other credit facility, or a standby | 65360 |
| bond or note purchase agreement, line of credit or other liquidity | 65361 |
| facility, and including, in any event, any related swap or other | 65362 |
| hedging instrument. | 65363 |
| (4) "Obligations" means, as applicable to the issuing | 65364 |
| authority, bonds, notes, or other forms or evidences of obligation | 65365 |
| constituting revenue bonds as that term is used in division (A)(4) | 65366 |
| of section 4582.06 of the Revised Code, or port authority revenue | 65367 |
| bonds as that term is used in section 4582.48 and division (A)(8) | 65368 |
| of section 4582.31 of the Revised Code, which obligations are | 65369 |
| issued by the issuing authority pursuant to the bond proceedings | 65370 |
| and this section. | 65371 |
| (5) "Port authority" means a port authority organized and | 65372 |
| existing under Chapter 4582. of the Revised Code. | 65373 |
| (6) "Research and development costs" means costs of or in | 65374 |
| support of or related to the implementation of research and | 65375 |
| development purposes including, without limitation, capital | 65376 |
| formation, direct operating costs, costs of research and | 65377 |
| facilities, including interests in real property therefor, and | 65378 |
| other support, and costs of making grants, loans, including loans | 65379 |
| to lenders or the purchase of loans, subsidies, contributions, | 65380 |
| advances or guarantees, or direct investments in, or payment, or | 65381 |
| reimbursement from available moneys for, implementing research and | 65382 |
| development purposes consistent with Section 2p of Article VIII, | 65383 |
| Ohio Constitution, and the investment policy adopted by the | 65384 |
| venture capital authority pursuant to section 150.03 of the | 65385 |
| Revised Code, and includes financing charges, amounts necessary to | 65386 |
| establish the reserves required pursuant to the bond proceedings, | 65387 |
| interest on loans including loans purchased for cancellation, | 65388 |
| interest on the obligations from their date until the time | 65389 |
| determined in the bond proceedings when interest is to be paid | 65390 |
| from sources other than the proceeds of obligations, legal | 65391 |
| expenses and other costs of or related to the issuance of | 65392 |
| obligations, estimates of costs and revenues or other expenses | 65393 |
| necessary or incident to determining the feasibility or | 65394 |
| practicability of the financing of any research and development | 65395 |
| costs with proceeds of obligations or other sources, | 65396 |
| administrative expenses related to obligations, and the | 65397 |
| application of the proceeds of obligations, including fees of the | 65398 |
| issuing authority, any trustee, and any other costs and expenses | 65399 |
| reasonably necessary or incident thereto or to the financing of | 65400 |
| research and development costs, and costs described in this | 65401 |
| division incurred prior to the issuance of obligations and paid, | 65402 |
| advanced, or borrowed by an issuing authority, the venture capital | 65403 |
| authority, the program fund or other public or private person or | 65404 |
| entity, which costs may be reimbursed from the proceeds of such | 65405 |
| obligations. "Research and development costs" does not include any | 65406 |
| otherwise qualifying costs that are in support of the purposes | 65407 |
| provided for in Section 15 of Article VIII, Ohio Constitution. | 65408 |
| (7) "Tax credits" means the refundable tax credits authorized | 65409 |
| by section 150.07 of the Revised Code and to be issued by the | 65410 |
| venture capital authority to any lender. | 65411 |
| (8) "Venture capital agreement" means an agreement between | 65412 |
| the venture capital authority and an issuing authority entered | 65413 |
| into under division (E) of section 150.02 of the Revised Code. | 65414 |
| (9) "Venture capital authority" means the Ohio venture | 65415 |
| capital authority established under section 150.02 of the Revised | 65416 |
| Code. | 65417 |
| (10) "Lender," "program fund," and "research and development | 65418 |
| purposes" have the same meanings as in section 150.01 of the | 65419 |
| Revised Code. | 65420 |
| (B) In addition to other authorized purposes of a port | 65421 |
| authority, activities authorized by Section 2p of Article VIII, | 65422 |
| Ohio Constitution, shall be authorized purposes of port | 65423 |
| authorities. | 65424 |
| (C) An issuing authority may issue obligations pursuant to | 65425 |
| this section and Section 2p of Article VIII, Ohio Constitution, to | 65426 |
| make loans to the program fund to provide for research and | 65427 |
| development costs. The proceeds of the obligations shall be used | 65428 |
| to make loans to provide for research and development costs and | 65429 |
| all such proceeds shall be so used in accordance with the bond | 65430 |
| proceedings. | 65431 |
| (D) Except to any extent inconsistent with this section, all | 65432 |
| terms, provisions, and authorizations in Chapter 4582. of the | 65433 |
| Revised Code as applicable to the issuing authority, and the | 65434 |
| terms, provisions, and authorizations of sections 9.96, 9.98, | 65435 |
| 9.981, 9.982, and 9.983 of the Revised Code apply to the | 65436 |
| obligations and the bond proceedings except as otherwise provided | 65437 |
| or provided for in those obligations and bond proceedings. The | 65438 |
| obligations shall be secured by a trust agreement between the | 65439 |
| issuing authority and a trustee, and such trust agreement, and the | 65440 |
| establishment, deposit, investment and application of special | 65441 |
| funds, and the safeguarding of moneys shall be governed by the | 65442 |
| bond proceedings and by Chapter 4582. of the Revised Code, as | 65443 |
| applicable to the issuing authority. Pursuant to the trust | 65444 |
| agreement and other bond proceedings, there shall be established, | 65445 |
| in addition to any other special funds in the custody of the | 65446 |
| trustee, one or more funds into which shall be deposited the | 65447 |
| proceeds of the obligations and the revenues pledged to the | 65448 |
| payment of the obligations, including a reserve fund in an amount | 65449 |
| established in, and to be funded as provided in, the bond | 65450 |
| proceedings. | 65451 |
| (E) The issuing authority, the trustee, or both shall be | 65452 |
| authorized under the venture capital agreement to receive and | 65453 |
| claim tax credits in accordance with division (E) of section | 65454 |
| 150.07 of the Revised Code, and the holders of the obligations, or | 65455 |
| any book-entry interests therein, shall have no rights with | 65456 |
| respect to the tax credits except any right established under the | 65457 |
| applicable trust agreement to direct the trustee to take, or | 65458 |
| require the issuing authority to take, the actions necessary to | 65459 |
| receive and claim any available tax credits. Upon receipt of any | 65460 |
| tax credits issued by the venture capital authority, the issuing | 65461 |
| authority or the trustee shall, within the times required by law, | 65462 |
| file an appropriate tax return to claim the applicable tax credits | 65463 |
| and, upon receipt of the proceeds of any such tax credits, an | 65464 |
| issuing authority shall promptly deliver to the trustee for | 65465 |
| deposit, and the trustee shall upon receipt deposit, such proceeds | 65466 |
| into the funds established in accordance with division (D) of this | 65467 |
| section. | 65468 |
| (F) The venture capital authority, the director of | 65469 |
| development, or the tax commissioner may covenant in the bond | 65470 |
| proceedings, and such covenants shall be controlling | 65471 |
| notwithstanding any other provision of law, that the state and | 65472 |
| applicable officers and state agencies, including the general | 65473 |
| assembly, so long as any obligations issued under this section are | 65474 |
| outstanding, shall maintain statutory authority for and shall | 65475 |
| authorize, issue, and deliver fully refundable tax credits in such | 65476 |
| amounts and for such periods, subject to the limitation in section | 65477 |
| 150.07 of the Revised Code on the date of such covenant, so that | 65478 |
| the tax credits will be sufficient, subject to such limits, in | 65479 |
| time and amount to meet debt service on the obligations and for | 65480 |
| the establishment and maintenance of any reserves and other | 65481 |
| requirements provided for in the bond proceedings. The general | 65482 |
| assembly may from time to time repeal any of the taxes against | 65483 |
| which the tax credits may be claimed, and may authorize the tax | 65484 |
| credits to be claimed with respect to any new tax to meet any such | 65485 |
| covenant made in the bond proceedings, provided that, so long as | 65486 |
| any obligations issued under this section are outstanding, nothing | 65487 |
| in this division authorizes any impairment of a covenant to | 65488 |
| maintain statutory authority for and to authorize, issue, and | 65489 |
| deliver fully refundable tax credits sufficient, subject to | 65490 |
| applicable limits, to meet the commitments made in any such | 65491 |
| covenant. | 65492 |
| (G) The obligations do not constitute a debt, or a pledge of | 65493 |
| the faith and credit, of the state, the issuing authority or any | 65494 |
| political subdivision of the state, and the holders or owners of | 65495 |
| the obligations have no right to have taxes levied by the general | 65496 |
| assembly or the taxing authority of the issuing authority or any | 65497 |
| political subdivision of the state for the payment of the | 65498 |
| principal of or interest on the obligations, but the obligations | 65499 |
| are payable solely from the revenues and funds pledged for their | 65500 |
| payment as authorized in or pursuant to this section and the bond | 65501 |
| proceedings, and the obligations shall contain on the face thereof | 65502 |
| a statement to the effect that the obligations, as to both | 65503 |
| principal and interest, are not debts of the state, the issuing | 65504 |
| authority, or any political subdivision of the state, but are | 65505 |
| payable solely from the revenues and funds pledged for their | 65506 |
| payment. | 65507 |
| (H) This section is intended to implement Section 2p of | 65508 |
| Article VIII, Ohio Constitution, including provision for | 65509 |
| procedures for incurring and issuing obligations of local public | 65510 |
| entities and agencies authorized by that section, and shall be | 65511 |
| liberally construed to effect the purposes of that section. The | 65512 |
| powers and authorizations granted in this section may be exercised | 65513 |
| jointly or separately by one or more issuing authorities and are | 65514 |
| in addition to and supplemental to the powers and authorizations | 65515 |
| otherwise granted to port authorities under applicable provisions | 65516 |
| of Chapter 4582. of the Revised Code and shall not be construed as | 65517 |
| a limitation on any such powers or authorizations. | 65518 |
| Sec. 4713.63. A practicing license, managing license, or | 65519 |
| instructor license that has not been renewed for any reason other | 65520 |
| than because it has been revoked, suspended, or classified | 65521 |
| inactive, or because the license holder has been given a waiver or | 65522 |
| extension under section 4713.60 of the Revised Code, is expired. | 65523 |
| An expired license may be restored if the person who held the | 65524 |
| license meets all of the following applicable conditions: | 65525 |
| (A) Pays to the state board of cosmetology the restoration | 65526 |
| fee,the current renewal fee, and any applicable late fees; | 65527 |
| (B) Pays | 65528 |
| per license renewal period that has elapsed since the license was | 65529 |
| last issued or renewed; | 65530 |
| (C) | 65531 |
| 65532 | |
| 65533 |
| | 65534 |
|
that has been expired for more
than two
| 65535 |
| 65536 | |
| 65537 | |
| 65538 | |
| renewal periods, completes eight hours of continuing education for | 65539 |
| each license renewal period that has elapsed since the license was | 65540 |
| last issued or renewed, up to a maximum of twenty-four hours. At | 65541 |
| least four of those hours shall include a course pertaining to | 65542 |
| sanitation and safety methods. | 65543 |
| The board shall deposit all fees it receives under division | 65544 |
| (B) of this section into the general revenue fund. | 65545 |
| Sec. 4713.64. (A) In accordance with Chapter 119. of the | 65546 |
| Revised Code, the state board of cosmetology may deny, revoke, or | 65547 |
| suspend a license or permit issued by the board or impose a fine | 65548 |
| for any of the following: | 65549 |
| (1) Failure to comply with the requirements of this chapter | 65550 |
| or rules adopted under it; | 65551 |
| (2) Continued practice by a person knowingly having an | 65552 |
| infectious or contagious disease; | 65553 |
| (3) Habitual drunkenness or addiction to any habit-forming | 65554 |
| drug; | 65555 |
| (4) Willful false and fraudulent or deceptive advertising; | 65556 |
| (5) Falsification of any record or application required to be | 65557 |
| filed with the board; | 65558 |
| (6) Failure to pay a fine or abide by a suspension order | 65559 |
| issued by the board. | 65560 |
| (B) The board may impose a separate fine for each offense | 65561 |
| listed in division (A) of this section. The amount of a fine shall | 65562 |
|
be not more than | 65563 |
| previously been fined for that offense. The fine shall be not more | 65564 |
|
than | 65565 |
| fined for the same offense once before. The fine shall be not more | 65566 |
| than one thousand five hundred dollars if the violator has been | 65567 |
| fined for the same offense two or more times before. | 65568 |
| (C) If a person fails to request a hearing within thirty days | 65569 |
| of the date the board, in accordance with section 119.07 of the | 65570 |
| Revised Code, notifies the person of the board's intent to act | 65571 |
| against the person under division (A) of this section, the board | 65572 |
| by a majority vote of a quorum of the board members may take the | 65573 |
| action against the person without holding an adjudication hearing. | 65574 |
| (D) The board, after a hearing in accordance with Chapter | 65575 |
| 119. of the Revised Code, may suspend a tanning facility permit if | 65576 |
| the owner or operator fails to correct an unsafe condition that | 65577 |
| exists in violation of the board's rules or fails to cooperate in | 65578 |
| an inspection of the tanning facility. If a violation has resulted | 65579 |
| in a condition reasonably believed by an inspector to create an | 65580 |
| immediate danger to the health and safety of any person using the | 65581 |
| tanning facility, the inspector may suspend the permit without a | 65582 |
| prior hearing until the condition is corrected or until a hearing | 65583 |
| in accordance with Chapter 119. of the Revised Code is held and | 65584 |
| the board either upholds the suspension or reinstates the permit. | 65585 |
| Sec. 4717.31. (A) Only a funeral director licensed pursuant | 65586 |
| to this chapter may sell a preneed funeral contract that includes | 65587 |
| funeral services. Sections 4717.31 to 4717.38 of the Revised Code | 65588 |
| do not prohibit a person who is not a licensed funeral director | 65589 |
| from selling funeral goods pursuant to a preneed funeral contract; | 65590 |
| however, when a seller sells funeral goods pursuant to a preneed | 65591 |
| funeral contract, that seller shall comply with those sections | 65592 |
| unless the seller is specifically exempt from compliance under | 65593 |
| section 4717.38 of the Revised Code. | 65594 |
| (B) An insurance agent licensed pursuant to Chapter 3905. of | 65595 |
| the Revised Code may sell, solicit, or negotiate the sale of an | 65596 |
| insurance policy or annuity that will be used to fund a preneed | 65597 |
| funeral contract, but in so doing the insurance agent may not | 65598 |
| offer advice or make recommendations about funeral services and | 65599 |
| may not discuss the advantages or disadvantages of any funeral | 65600 |
| service. In selling, soliciting, or negotiating the sale of an | 65601 |
| insurance policy or annuity that will be used to fund a preneed | 65602 |
| funeral contract, the insurance agent may do any of the following: | 65603 |
| (1) Provide the person purchasing the insurance policy or | 65604 |
| annuity with price lists from one or more funeral homes and other | 65605 |
| materials that may assist the person in determining the cost of | 65606 |
| funeral goods and services; | 65607 |
| (2) Discuss the cost of funeral goods and services with the | 65608 |
| person in order to assist the person in selecting the appropriate | 65609 |
| amount of life insurance or annuity coverage; | 65610 |
| (3) Complete a worksheet or other record to calculate the | 65611 |
| estimated cost of a funeral. | 65612 |
| (C) Activities conducted pursuant to division (B) of this | 65613 |
| section by an insurance agent licensed pursuant to Chapter 3905. | 65614 |
| of the Revised Code do not constitute funeral directing, funeral | 65615 |
| arranging, the business of directing and supervising funerals for | 65616 |
| profit, or the sale of a preneed funeral contract. | 65617 |
| (D) No seller shall fail to comply with the requirements and | 65618 |
| duties specified in this section and sections 4717.32 to 4717.38 | 65619 |
| of the Revised Code. | 65620 |
| (E) No trustee of a preneed funeral contract trust shall | 65621 |
| fail to comply with sections 4717.33, 4717.34, 4717.36, and | 65622 |
| 4717.37 of the Revised Code. | 65623 |
| (F) No insurance agent or insurance company that sells or | 65624 |
| offers life insurance policies or annuities used to fund a | 65625 |
| preneed funeral contract shall fail to comply with this section | 65626 |
| and sections 4717.33, 4717.34, 4717.35, and 4717.37 of the | 65627 |
| Revised Code. To the extent this section and sections 4717.33, | 65628 |
| 4717.34, 4717.35, and 4717.37 of the Revised Code apply to | 65629 |
| insurance companies or insurance agents, those sections | 65630 |
| constitute laws of this state relating to insurance for purposes | 65631 |
| of sections 3901.03 and 3901.04 of the Revised Code and the | 65632 |
| superintendent of insurance shall enforce those sections with | 65633 |
| respect to insurance companies and insurance agents. The | 65634 |
| superintendent may adopt rules in accordance with Chapter 119. of | 65635 |
| the Revised Code for purposes of administering and enforcing this | 65636 |
| section and sections 4717.33, 4717.34, 4717.35, and 4717.37 of | 65637 |
| the Revised Code as those sections apply to insurance companies | 65638 |
| or insurance agents. | 65639 |
| (G) A preneed funeral contract may be funded by the purchase | 65640 |
| or assignment of an insurance policy or annuity in accordance with | 65641 |
| section 3905.45 of the Revised Code. A preneed funeral contract | 65642 |
| that is funded by the purchase or assignment of an insurance | 65643 |
| policy or annuity in accordance with section 3905.45 of the | 65644 |
| Revised Code is not subject to section 4717.36 of the Revised | 65645 |
| Code. | 65646 |
| (H) The board of embalmers and funeral directors shall | 65647 |
| administer and enforce the provisions of sections 4717.31 to | 65648 |
| 4717.38 of the Revised Code concerning the requirements for and | 65649 |
| sale of preneed funeral contracts. The superintendent of insurance | 65650 |
| shall enforce sections 4717.31, 4717.33, 4717.34, 4717.35, and | 65651 |
| 4717.37 of the Revised Code to the extent those sections apply to | 65652 |
| insurance companies and insurance agents. Payments from a trust, | 65653 |
| insurance policy, or annuity, including any fraudulent activities | 65654 |
| in which a person engages to obtain payments from a trust, | 65655 |
| insurance policy, or annuity, shall be regulated in accordance | 65656 |
| with Chapter 1111. or Title XXXIX of the Revised Code, as | 65657 |
| applicable. | 65658 |
| (I) | 65659 |
| seller of a preneed funeral contract that is funded by insurance | 65660 |
| or otherwise annually shall submit to the board the reports the | 65661 |
| board requires pursuant to division (J) of this section. | 65662 |
| (J) | 65663 |
| the board shall adopt rules specifying the procedures and | 65664 |
| requirements for annual reporting of the sales of all preneed | 65665 |
| funeral contracts sold by every seller who is subject to sections | 65666 |
| 4717.31 to 4717.38 of the Revised Code. | 65667 |
| (K) A cemetery company or cemetery association that sells | 65668 |
| merchandise or services pursuant to a preneed cemetery merchandise | 65669 |
| and services contract and that also sells funeral goods pursuant | 65670 |
| to a preneed funeral contract shall be deemed to have met the | 65671 |
| requirements in divisions (I) and (J) of this section by | 65672 |
| submitting the annual preneed funeral contract report to the | 65673 |
| division of real estate of the department of commerce along with | 65674 |
| or as part of the annual cemetery merchandise and services | 65675 |
| contract affidavit required under division (F)(1) of section | 65676 |
| 1721.211 of the Revised Code. | 65677 |
| Sec. 4729.99. (A) Whoever violates section 4729.16, division | 65678 |
| (A) or (B) of section 4729.38, or section 4729.57 of the Revised | 65679 |
| Code is guilty of a minor misdemeanor. Each day's violation | 65680 |
| constitutes a separate offense. | 65681 |
| (B) Whoever violates section 4729.27, 4729.28, or 4729.36 of | 65682 |
| the Revised Code is guilty of a misdemeanor of the third degree. | 65683 |
| Each day's violation constitutes a separate offense. If the | 65684 |
| offender previously has been convicted of or pleaded guilty to a | 65685 |
| violation of this chapter, that person is guilty of a misdemeanor | 65686 |
| of the second degree. | 65687 |
| (C) Whoever violates section 4729.32, 4729.33, or 4729.34 of | 65688 |
| the Revised Code is guilty of a misdemeanor. | 65689 |
| (D) Whoever violates division (A), (B), (D), or (E) of | 65690 |
| section 4729.51 of the Revised Code is guilty of a misdemeanor of | 65691 |
| the first degree. | 65692 |
| (E)(1) Whoever violates section 4729.37, division (C)(2) of | 65693 |
| section 4729.51, division (J) of section 4729.54, or section | 65694 |
| 4729.61 of the Revised Code is guilty of a felony of the fifth | 65695 |
| degree. If the offender previously has been convicted of or | 65696 |
| pleaded guilty to a violation of this chapter or a violation of | 65697 |
| Chapter 2925. or 3719. of the Revised Code, that person is guilty | 65698 |
| of a felony of the fourth degree. | 65699 |
| (2) If an offender is convicted of or pleads guilty to a | 65700 |
| violation of section 4729.37, division (C) of section 4729.51, | 65701 |
| division (J) of section 4729.54, or section 4729.61 of the Revised | 65702 |
| Code, if the violation involves the sale, offer to sell, or | 65703 |
| possession of a schedule I or II controlled substance, with the | 65704 |
| exception of marihuana, and if the court imposing sentence upon | 65705 |
| the offender finds that the offender as a result of the violation | 65706 |
| is a major drug offender, as defined in section 2929.01 of the | 65707 |
| Revised Code, and is guilty of a specification of the type | 65708 |
| described in section 2941.1410 of the Revised Code, the court, in | 65709 |
| lieu of the prison term authorized or required by division (E)(1) | 65710 |
| of this section and sections 2929.13 and 2929.14 of the Revised | 65711 |
| Code and in addition to any other sanction imposed for the offense | 65712 |
| under sections 2929.11 to 2929.18 of the Revised Code, shall | 65713 |
| impose upon the offender, in accordance with division (D)(3)(a) of | 65714 |
| section 2929.14 of the Revised Code, the mandatory prison term | 65715 |
| specified in that division and may impose an additional prison | 65716 |
| term under division (D)(3)(b) of that section. | 65717 |
| (3) Notwithstanding any contrary provision of section 3719.21 | 65718 |
| of the Revised Code, the clerk of court shall pay any fine imposed | 65719 |
| for a violation of section 4729.37, division (C) of section | 65720 |
| 4729.51, division (J) of section 4729.54, or section 4729.61 of | 65721 |
| the Revised Code pursuant to division (A) of section 2929.18 of | 65722 |
| the Revised Code in accordance with and subject to the | 65723 |
| requirements of division (F) of section 2925.03 of the Revised | 65724 |
| Code. The agency that receives the fine shall use the fine as | 65725 |
| specified in division (F) of section 2925.03 of the Revised Code. | 65726 |
| (F) Whoever violates section 4729.531 of the Revised Code or | 65727 |
| any rule adopted thereunder or section 4729.532 of the Revised | 65728 |
| Code is guilty of a misdemeanor of the first degree. | 65729 |
| (G) Whoever violates division (C)(1) of section 4729.51 of | 65730 |
| the Revised Code is guilty of a felony of the fourth degree. If | 65731 |
| the offender has previously been convicted of or pleaded guilty to | 65732 |
| a violation of this chapter, or of a violation of Chapter 2925. or | 65733 |
| 3719. of the Revised Code, that person is guilty of a felony of | 65734 |
| the third degree. | 65735 |
| (H) Whoever violates division (C)(3) of section 4729.51 of | 65736 |
| the Revised Code is guilty of a misdemeanor of the first degree. | 65737 |
| If the offender has previously been convicted of or pleaded guilty | 65738 |
| to a violation of this chapter, or of a violation of Chapter 2925. | 65739 |
| or 3719. of the Revised Code, that person is guilty of a felony of | 65740 |
| the fifth degree. | 65741 |
| (I)(1) Whoever violates division (B) of section 4729.42 of | 65742 |
| the Revised Code is guilty of unauthorized pharmacy-related drug | 65743 |
| conduct. Except as otherwise provided in this section, | 65744 |
| unauthorized pharmacy-related drug conduct is a misdemeanor of | 65745 |
| the second degree. If the offender previously has been convicted | 65746 |
| of or pleaded guilty to a violation of division (B), (C), (D), | 65747 |
| or (E) of that section, unauthorized pharmacy-related drug | 65748 |
| conduct is a misdemeanor of the first degree on a second offense | 65749 |
| and a felony of the fifth degree on a third or subsequent offense. | 65750 |
| (2) Whoever violates division (C) or (D) of section 4729.42 | 65751 |
| of the Revised Code is guilty of permitting unauthorized | 65752 |
| pharmacy-related drug conduct. Except as otherwise provided in | 65753 |
| this section, permitting unauthorized pharmacy-related drug | 65754 |
| conduct is a misdemeanor of the second degree. If the offender | 65755 |
| previously has been convicted of or pleaded guilty to a violation | 65756 |
| of division (B), (C), (D), or (E) of that section, permitting | 65757 |
| unauthorized pharmacy-related drug conduct is a misdemeanor of | 65758 |
| the first degree on a second offense and a felony of the fifth | 65759 |
| degree on a third or subsequent offense. | 65760 |
| (3) Whoever violates division (E) of section | 65761 |
| of the Revised Code is guilty of the offense of falsification | 65762 |
| under section 2921.13 of the Revised Code. In addition to any | 65763 |
| other sanction imposed for the violation, the offender is forever | 65764 |
| disqualified from engaging in any activity specified in division | 65765 |
|
(B)(1), (2), or (3) of section | 65766 |
| and from performing any function as a health care professional or | 65767 |
| health care worker. As used in this division, "health care | 65768 |
| professional" and "health care worker" have the same meanings as | 65769 |
| in section 2305.234 of the Revised Code. | 65770 |
| (4) Notwithstanding any contrary provision of section | 65771 |
| 3719.21 of the Revised Code or any other provision of law that | 65772 |
| governs the distribution of fines, the clerk of the court shall | 65773 |
| pay any fine imposed pursuant to division (I)(1), (2), or (3) of | 65774 |
| this section to the state board of pharmacy if the board has | 65775 |
| adopted a written internal control policy under division (F)(2) | 65776 |
| of section 2925.03 of the Revised Code that addresses fine | 65777 |
| moneys that it receives under Chapter 2925. of the Revised Code | 65778 |
| and if the policy also addresses fine moneys paid under this | 65779 |
| division. The state board of pharmacy shall use the fines so | 65780 |
| paid in accordance with the written internal control policy to | 65781 |
| subsidize the board's law enforcement efforts that pertain to | 65782 |
| drug offenses. | 65783 |
| Sec. 4731.10. Upon the request of a person | 65784 |
| holds a certificate to practice in this state pursuant to Chapter | 65785 |
| 4731. of the Revised Code and is seeking licensure in another | 65786 |
|
state, the state medical board shall
| 65787 |
| 65788 | |
| certificate to practice in this state. The fee for such | 65789 |
| 65790 |
| Sec. 4731.26. Upon application by the holder of a | 65791 |
| certificate to practice or certificate of registration issued | 65792 |
| under this chapter, the state medical board shall issue a | 65793 |
| duplicate certificate to replace one missing or damaged, to | 65794 |
| reflect a name change, or for any other reasonable cause. The fee | 65795 |
|
for | 65796 |
| certificate of registration shall be thirty-five dollars. | 65797 |
| Sec. 4731.38. All vouchers of the state medical board shall | 65798 |
|
be
approved by the
| 65799 |
|
executive | 65800 |
| authorized by the board. | 65801 |
| Sec. 4733.10. The state board of registration for | 65802 |
| professional engineers and surveyors shall prepare annually a | 65803 |
| listing of all registered professional engineers, registered | 65804 |
| professional surveyors, and firms that possess a certificate of | 65805 |
| authorization. The board shall provide a copy of this listing upon | 65806 |
| request to registrants of the board and to firms possessing a | 65807 |
| certificate of authorization without charge and to the public upon | 65808 |
| request and payment of copy costs. | 65809 |
| Additionally, the board shall issue an official verification | 65810 |
| of the status of any person registered as a professional engineer | 65811 |
| or professional surveyor in this state upon receipt of a | 65812 |
| verification form and the payment of a fee established by the | 65813 |
| board. | 65814 |
| Sec. 4734.25. A license to practice chiropractic from the | 65815 |
|
state chiropractic
board expires | 65816 |
| 65817 | |
| rules adopted under this section and may be renewed. The renewal | 65818 |
| process shall be conducted in accordance with the standard renewal | 65819 |
| procedures of Chapter 4745. of the Revised Code, except that the | 65820 |
| board's executive director shall notify each license holder of the | 65821 |
| license renewal requirements of this section not later than sixty | 65822 |
| days prior to the license's expiration date. When an application | 65823 |
| for renewal is submitted, the applicant shall provide the | 65824 |
| information necessary to process the application and pay a renewal | 65825 |
|
fee | 65826 |
| in rules adopted under this section. | 65827 |
| Before a renewal of license is issued by the board, the | 65828 |
| licensee shall furnish the board with satisfactory evidence that | 65829 |
| the licensee has completed during the current licensing period not | 65830 |
| less than the number of hours of continuing education that the | 65831 |
| board requires in rules adopted under this section. For an | 65832 |
| activity to be applied toward the continuing education | 65833 |
| requirement, the activity must meet the board's approval as a | 65834 |
| continuing education activity, as specified in rules adopted under | 65835 |
| this section. Any exception from the continuing education | 65836 |
| requirement must be approved by the board. | 65837 |
| Failure
of a
licensee to comply with this section | 65838 |
| 65839 | |
| 65840 | |
| the right of the licensee to practice chiropractic in this state. | 65841 |
| A forfeited license may be reinstated by the board upon payment of | 65842 |
|
all fees due and a penalty fee | 65843 |
| amount the board specifies in rules adopted under this section for | 65844 |
| reinstatement, in addition to satisfying the board of having | 65845 |
| complied with the continuing education requirements of this | 65846 |
| section. If an individual's license has been forfeited for two or | 65847 |
| more years, the board may also require as a condition of | 65848 |
| reinstatement that the individual complete training or testing as | 65849 |
| specified by the board. | 65850 |
| The board shall adopt any rules it considers necessary to | 65851 |
| implement this section, including standards for approval of | 65852 |
| continuing education in the practice of chiropractic. All rules | 65853 |
| adopted under this section shall be adopted in accordance with | 65854 |
| Chapter 119. of the Revised Code. | 65855 |
| Sec. 4735.06. (A) Application for a license as a real estate | 65856 |
| broker shall be made to the superintendent of real estate on forms | 65857 |
| furnished by the superintendent and filed with the superintendent | 65858 |
| and shall be signed by the applicant or its members or officers. | 65859 |
| Each application shall state the name of the person applying and | 65860 |
| the location of the place of business for which the license is | 65861 |
| desired, and give such other information as the superintendent | 65862 |
| requires in the form of application prescribed by the | 65863 |
| superintendent. | 65864 |
| If the applicant is a partnership, limited liability company, | 65865 |
| limited liability partnership, or association, the names of all | 65866 |
| the members also shall be stated, and, if the applicant is a | 65867 |
| corporation, the names of its president and of each of its | 65868 |
| officers also shall be stated. The superintendent has the right to | 65869 |
| reject the application of any partnership, association, limited | 65870 |
| liability company, limited liability partnership, or corporation | 65871 |
| if the name proposed to be used by such partnership, association, | 65872 |
| limited liability company, limited liability partnership, or | 65873 |
| corporation is likely to mislead the public or if the name is not | 65874 |
| such as to distinguish it from the name of any existing | 65875 |
| partnership, association, limited liability company, limited | 65876 |
| liability partnership, or corporation licensed under this chapter, | 65877 |
| unless there is filed with the application the written consent of | 65878 |
| such existing partnership, association, limited liability company, | 65879 |
| limited liability partnership, or corporation, executed by a duly | 65880 |
| authorized representative of it, permitting the use of the name of | 65881 |
| such existing partnership, association, limited liability company, | 65882 |
| limited liability partnership, or corporation. | 65883 |
| (B) A fee of | 65884 |
| the application for a real estate broker's license, which fee | 65885 |
| includes the fee for the initial year of the licensing period, if | 65886 |
| a license is issued. The application fee shall be retained by the | 65887 |
| superintendent if the applicant is admitted to the examination for | 65888 |
| the license or the examination requirement is waived, but, if an | 65889 |
| applicant is not so admitted and a waiver is not involved, | 65890 |
| one-half of the fee shall be retained by the superintendent to | 65891 |
| cover the expenses of processing the application and the other | 65892 |
|
one-half shall be returned to the
applicant. A fee
of | 65893 |
| one hundred dollars shall be charged by the superintendent for | 65894 |
| each successive application made by an applicant. In the case of | 65895 |
| issuance of a three-year license, upon passing the examination, | 65896 |
| or upon waiver of the examination requirement, if the | 65897 |
| superintendent determines it is necessary, the applicant shall | 65898 |
| submit an additional fee determined by the superintendent based | 65899 |
| upon the number of years remaining in a real estate salesperson's | 65900 |
| licensing period. | 65901 |
| (C) | 65902 |
| real estate broker's license shall be credited to the real estate | 65903 |
| education and research fund, which is hereby created in the state | 65904 |
| treasury. The Ohio real estate commission may use the fund in | 65905 |
| discharging the duties prescribed in divisions (E), (F), (G), and | 65906 |
| (H) of section 4735.03 of the Revised Code and shall use it in the | 65907 |
| advancement of education and research in real estate at any | 65908 |
| institution of higher education in the state, or in contracting | 65909 |
| with any such institution or a trade organization for a particular | 65910 |
| research or educational project in the field of real estate, or in | 65911 |
| advancing loans, not exceeding eight hundred dollars, to | 65912 |
| applicants for salesperson licenses, to defray the costs of | 65913 |
| satisfying the educational requirements of division (F) of section | 65914 |
| 4735.09 of the Revised Code. Such loans shall be made according to | 65915 |
| rules established by the commission under the procedures of | 65916 |
| Chapter 119. of the Revised Code, and they shall be repaid to the | 65917 |
| fund within three years of the time they are made. No more than | 65918 |
| ten thousand dollars shall be lent from the fund in any one year. | 65919 |
| The governor may appoint a representative from the executive | 65920 |
| branch to be a member ex officio of the commission for the purpose | 65921 |
| of advising on research requests or educational projects. The | 65922 |
| commission shall report to the general assembly on the third | 65923 |
| Tuesday after the third Monday in January of each year setting | 65924 |
| forth the total amount contained in the fund and the amount of | 65925 |
| each research grant that it has authorized and the amount of each | 65926 |
| research grant requested. A copy of all research reports shall be | 65927 |
| submitted to the state library of Ohio and the library of the | 65928 |
| legislative service commission. | 65929 |
| (D) If the superintendent, with the consent of the | 65930 |
| commission, enters into an agreement with a national testing | 65931 |
| service to administer the real estate broker's examination, | 65932 |
| pursuant to division (A) of section 4735.07 of the Revised Code, | 65933 |
| the superintendent may require an applicant to pay the testing | 65934 |
| service's examination fee directly to the testing service. If the | 65935 |
| superintendent requires the payment of the examination fee | 65936 |
| directly to the testing service, each applicant shall submit to | 65937 |
| the superintendent a processing fee in an amount determined by the | 65938 |
| Ohio real estate commission pursuant to division (A)(2) of section | 65939 |
| 4735.10 of the Revised Code. | 65940 |
| Sec. 4735.09. (A) Application for a license as a real estate | 65941 |
| salesperson shall be made to the superintendent of real estate on | 65942 |
| forms furnished by the superintendent and signed by the applicant. | 65943 |
| The application shall be in the form prescribed by the | 65944 |
| superintendent and shall contain such information as is required | 65945 |
| by this chapter and the rules of the Ohio real estate commission. | 65946 |
| The application shall be accompanied by the recommendation of the | 65947 |
| real estate broker with whom the applicant is associated or with | 65948 |
| whom the applicant intends to be associated, certifying that the | 65949 |
| applicant is honest, truthful, and of good reputation, has not | 65950 |
| been convicted of a felony or a crime involving moral turpitude, | 65951 |
| and has not been finally adjudged by a court to have violated any | 65952 |
| municipal, state, or federal civil rights laws relevant to the | 65953 |
| protection of purchasers or sellers of real estate, which | 65954 |
| conviction or adjudication the applicant has not disclosed to the | 65955 |
| superintendent, and recommending that the applicant be admitted to | 65956 |
| the real estate salesperson examination. | 65957 |
| (B) A fee of | 65958 |
| application, which fee includes the fee for the initial year of | 65959 |
| the licensing period, if a license is issued. The application | 65960 |
| fee shall be retained by the superintendent if the applicant is | 65961 |
| admitted to the examination for the license or the examination | 65962 |
| requirement is waived, but, if an applicant is not so admitted | 65963 |
| and a waiver is not involved, one-half of the fee shall be | 65964 |
| retained by the superintendent to cover the expenses of processing | 65965 |
| the application and the other one-half shall be returned to the | 65966 |
|
applicant. A fee of
| 65967 |
| the superintendent for each successive application made by the | 65968 |
|
applicant.
| 65969 |
| be credited to the real estate education and research fund. | 65970 |
| (C) There shall be no limit placed on the number of times an | 65971 |
| applicant may retake the examination. | 65972 |
| (D) The superintendent, with the consent of the commission, | 65973 |
| may enter into an agreement with a recognized national testing | 65974 |
| service to administer the real estate salesperson's examination | 65975 |
| under the superintendent's supervision and control, consistent | 65976 |
| with the requirements of this chapter as to the contents of the | 65977 |
| examination. | 65978 |
| If the superintendent, with the consent of the commission, | 65979 |
| enters into an agreement with a national testing service to | 65980 |
| administer the real estate salesperson's examination, the | 65981 |
| superintendent may require an applicant to pay the testing | 65982 |
| service's examination fee directly to the testing service. If the | 65983 |
| superintendent requires the payment of the examination fee | 65984 |
| directly to the testing service, each applicant shall submit to | 65985 |
| the superintendent a processing fee in an amount determined by the | 65986 |
| Ohio real estate commission pursuant to division (A)(1) of section | 65987 |
| 4735.10 of the Revised Code. | 65988 |
| (E) The superintendent shall issue a real estate | 65989 |
| salesperson's license when satisfied that the applicant has | 65990 |
| received a passing score on each portion of the salesperson's | 65991 |
| examination as determined by rule by the real estate commission, | 65992 |
| except that the superintendent may waive one or more of the | 65993 |
| requirements of this section in the case of an applicant who is a | 65994 |
| licensed real estate salesperson in another state pursuant to a | 65995 |
| reciprocity agreement with the licensing authority of the state | 65996 |
| from which the applicant holds a valid real estate salesperson's | 65997 |
| license. | 65998 |
| (F) No applicant for a salesperson's license shall take the | 65999 |
| salesperson's examination who has not established to the | 66000 |
| satisfaction of the superintendent that the applicant: | 66001 |
| (1) Is honest, truthful, and of good reputation; | 66002 |
| (2)(a) Has not been convicted of a felony or crime of moral | 66003 |
| turpitude or, if the applicant has been so convicted, the | 66004 |
| superintendent has disregarded the conviction because the | 66005 |
| applicant has proven to the superintendent, by a preponderance of | 66006 |
| the evidence, that the applicant's activities and employment | 66007 |
| record since the conviction show that the applicant is honest, | 66008 |
| truthful, and of good reputation, and there is no basis in fact | 66009 |
| for believing that the applicant again will violate the laws | 66010 |
| involved; | 66011 |
| (b) Has not been finally adjudged by a court to have violated | 66012 |
| any municipal, state, or federal civil rights laws relevant to the | 66013 |
| protection of purchasers or sellers of real estate or, if the | 66014 |
| applicant has been so adjudged, at least two years have passed | 66015 |
| since the court decision and the superintendent has disregarded | 66016 |
| the adjudication because the applicant has proven, by a | 66017 |
| preponderance of the evidence, that the applicant is honest, | 66018 |
| truthful, and of good reputation, and there is no basis in fact | 66019 |
| for believing that the applicant again will violate the laws | 66020 |
| involved. | 66021 |
| (3) Has not, during any period in which the applicant was | 66022 |
| licensed under this chapter, violated any provision of, or any | 66023 |
| rule adopted pursuant to this chapter, or, if the applicant has | 66024 |
| violated such provision or rule, has established to the | 66025 |
| satisfaction of the superintendent that the applicant will not | 66026 |
| again violate such provision or rule; | 66027 |
| (4) Is at least eighteen years of age; | 66028 |
| (5) If born after the year 1950, has a high school diploma or | 66029 |
| its equivalent as recognized by the state department of education; | 66030 |
| (6)(a) If beginning instruction prior to August 1, 2001, has | 66031 |
| successfully completed at an institution of higher education all | 66032 |
| of the following: | 66033 |
| (i) Thirty hours of classroom instruction in real estate | 66034 |
| practice; | 66035 |
| (ii) Thirty hours of classroom instruction that includes the | 66036 |
| subjects of Ohio real estate law, municipal, state, and federal | 66037 |
| civil rights law, new case law on housing discrimination, | 66038 |
| desegregation issues, and methods of eliminating the effects of | 66039 |
| prior discrimination. If feasible, the classroom instruction in | 66040 |
| Ohio real estate law shall be taught by a member of the faculty of | 66041 |
| an accredited law school. If feasible, the classroom instruction | 66042 |
| in municipal, state, and federal civil rights law, new case law on | 66043 |
| housing discrimination, desegregation issues, and methods of | 66044 |
| eliminating the effects of prior discrimination shall be taught by | 66045 |
| a staff member of the Ohio civil rights commission who is | 66046 |
| knowledgeable with respect to those subjects. The requirements of | 66047 |
| this division do not apply to an applicant who is admitted to | 66048 |
| practice before the supreme court. | 66049 |
| (iii) Thirty hours of classroom instruction in real estate | 66050 |
| appraisal; | 66051 |
| (iv) Thirty hours of classroom instruction in real estate | 66052 |
| finance. | 66053 |
| (b) Any person who has not been licensed as a real estate | 66054 |
| salesperson or broker within a four-year period immediately | 66055 |
| preceding the person's current application for the salesperson's | 66056 |
| examination shall have successfully completed the classroom | 66057 |
| instruction required by division (F)(6)(a) of this section within | 66058 |
| a ten-year period immediately preceding the person's current | 66059 |
| application for the salesperson's examination. | 66060 |
| (7) If beginning instruction, as determined by the | 66061 |
| superintendent, on or after August 1, 2001, has successfully | 66062 |
| completed at an institution of higher education all of the | 66063 |
| following: | 66064 |
| (a) Forty hours of classroom instruction in real estate | 66065 |
| practice; | 66066 |
| (b) Forty hours of classroom instruction that includes the | 66067 |
| subjects of Ohio real estate law, municipal, state, and federal | 66068 |
| civil rights law, new case law on housing discrimination, | 66069 |
| desegregation issues, and methods of eliminating the effects of | 66070 |
| prior discrimination. If feasible, the classroom instruction in | 66071 |
| Ohio real estate law shall be taught by a member of the faculty of | 66072 |
| an accredited law school. If feasible, the classroom instruction | 66073 |
| in municipal, state, and federal civil rights law, new case law on | 66074 |
| housing discrimination, desegregation issues, and methods of | 66075 |
| eliminating the effects of prior discrimination shall be taught by | 66076 |
| a staff member of the Ohio civil rights commission who is | 66077 |
| knowledgeable with respect to those subjects. The requirements of | 66078 |
| this division do not apply to an applicant who is admitted to | 66079 |
| practice before the supreme court. | 66080 |
| (c) Twenty hours of classroom instruction in real estate | 66081 |
| appraisal; | 66082 |
| (d) Twenty hours of classroom instruction in real estate | 66083 |
| finance. | 66084 |
| (G) No later than twelve months after the date of issue of a | 66085 |
| real estate salesperson license to a licensee, the licensee shall | 66086 |
| submit proof satisfactory to the superintendent, on forms made | 66087 |
| available by the superintendent, of completion, at an institution | 66088 |
| of higher education or any other institution approved by the | 66089 |
| commission, of ten hours of classroom instruction in real estate | 66090 |
| courses that cover current issues regarding consumers, real | 66091 |
| estate practice, ethics, and real estate law. | 66092 |
| If proof of completion of the required instruction is not | 66093 |
| submitted within twelve months of the date a license is issued | 66094 |
| under this section, the licensee's license is suspended | 66095 |
| automatically without the taking of any action by the | 66096 |
| superintendent. The superintendent immediately shall notify the | 66097 |
| broker with whom such salesperson is associated of the suspension | 66098 |
| of the salesperson's license. A salesperson whose license has been | 66099 |
| suspended under this division shall have twelve months after the | 66100 |
| date of the suspension of the salesperson's license to submit | 66101 |
| proof of successful completion of the instruction required under | 66102 |
| this division. No such license shall be reactivated by the | 66103 |
| superintendent until it is established, to the satisfaction of the | 66104 |
| superintendent, that the requirements of this division have been | 66105 |
| met and that the licensee is in compliance with this chapter. A | 66106 |
| licensee's license is revoked automatically without the taking of | 66107 |
| any action by the superintendent when the licensee fails to submit | 66108 |
| the required proof of completion of the education requirements | 66109 |
| under division (G) of this section within twelve months of the | 66110 |
| date the license is suspended. | 66111 |
| (H) Examinations shall be administered with reasonable | 66112 |
| accommodations in accordance with the requirements of the | 66113 |
| "Americans with Disabilities Act of 1990," 104 Stat. 327, 42 | 66114 |
| U.S.C. 12101. The contents of an examination shall be consistent | 66115 |
| with the classroom instructional requirements of division (F)(6) | 66116 |
| or (7) of this section. An applicant who has completed the | 66117 |
| classroom instructional requirements of division (F)(6) or (7) of | 66118 |
| this section at the time of application shall be examined no later | 66119 |
| than twelve months after the applicant is notified of the | 66120 |
| applicant's admission to the examination. | 66121 |
| Sec. 4735.12. (A) The real estate recovery fund is hereby | 66122 |
| created in the state treasury, to be administered by the | 66123 |
| superintendent of real estate. Amounts collected by the | 66124 |
| superintendent as prescribed in this section and interest earned | 66125 |
| on the assets of the fund shall be credited by the treasurer of | 66126 |
| state to the fund. The amount of money in the fund shall be | 66127 |
| ascertained by the superintendent as of the first day of July of | 66128 |
| each year. | 66129 |
| The commission, in accordance with rules adopted under | 66130 |
| division (A)(2)(g) of section 4735.10 of the Revised Code, shall | 66131 |
| impose a special assessment not to exceed ten dollars per year for | 66132 |
| each year of a licensing period on each licensee filing a notice | 66133 |
| of renewal under section 4735.14 of the Revised Code if the amount | 66134 |
|
available in the fund is
less than
| 66135 |
| thousand dollars on the first day of July preceding that filing. | 66136 |
| The commission may impose a special assessment not to exceed five | 66137 |
| dollars per year for each year of a licensing period if the | 66138 |
| amount available in the fund is greater than one million dollars, | 66139 |
| but less than two million dollars on the first day of July | 66140 |
| preceding that filing. The commission shall not impose a special | 66141 |
| assessment if the amount available in the fund exceeds two million | 66142 |
| dollars on the first day of July preceding that filing. | 66143 |
| (B)(1) Any person who obtains a final judgment in any court | 66144 |
| of competent jurisdiction against any broker or salesperson | 66145 |
| licensed under this chapter, on the grounds of conduct that is in | 66146 |
| violation of this chapter or the rules adopted under it, and that | 66147 |
| is associated with an act or transaction that only a licensed real | 66148 |
| estate broker or licensed real estate salesperson is authorized to | 66149 |
| perform as specified in division (A) or (C) of section 4735.01 of | 66150 |
| the Revised Code, may file a verified application, as described in | 66151 |
|
division (B)(3)
of this section, in | 66152 |
| of Franklin county for an order directing payment out of the real | 66153 |
| estate recovery fund of the portion of the judgment that remains | 66154 |
| unpaid and that represents the actual and direct loss sustained by | 66155 |
| the applicant. | 66156 |
| (2) Punitive damages, attorney's fees, and interest on a | 66157 |
| judgment are not recoverable from the fund. In the discretion of | 66158 |
| the superintendent of real estate, court costs may be recovered | 66159 |
| from the fund, and, if the superintendent authorizes the recovery | 66160 |
| of court costs, the order of the court of common pleas then may | 66161 |
| direct their payment from the fund. | 66162 |
| (3) The application shall specify the nature of the act or | 66163 |
| transaction upon which the underlying judgment was based, the | 66164 |
| activities of the applicant in pursuit of remedies available under | 66165 |
| law for the collection of judgments, and the actual and direct | 66166 |
| losses, attorney's fees, and the court costs sustained or incurred | 66167 |
| by the applicant. The applicant shall attach to the application a | 66168 |
| copy of each pleading and order in the underlying court action. | 66169 |
| (4) The court shall order the superintendent to make such | 66170 |
| payments out of the fund when the person seeking the order has | 66171 |
| shown all of the following: | 66172 |
| (a) The person has obtained a judgment, as provided in this | 66173 |
| division; | 66174 |
| (b) All appeals from the judgment have been exhausted and the | 66175 |
| person has given notice to the superintendent, as required by | 66176 |
| division (C) of this section; | 66177 |
| (c) The person is not a spouse of the judgment debtor, or the | 66178 |
| personal representative of such spouse; | 66179 |
| (d) The person has diligently pursued the person's remedies | 66180 |
| against all the judgment debtors and all other persons liable to | 66181 |
| the person in the transaction for which the person seeks recovery | 66182 |
| from the fund; | 66183 |
| (e) The person is making the person's application not more | 66184 |
| than one year after termination of all proceedings, including | 66185 |
| appeals, in connection with the judgment. | 66186 |
| (5) Divisions (B)(1) to (4) of this section do not apply to | 66187 |
| any of the following: | 66188 |
| (a) Actions arising from property management accounts | 66189 |
| maintained in the name of the property owner; | 66190 |
| (b) A bonding company when it is not a principal in a real | 66191 |
| estate transaction; | 66192 |
| (c) A person in an action for the payment of a commission or | 66193 |
| fee for the performance of an act or transaction specified or | 66194 |
| comprehended in division (A) or (C) of section 4735.01 of the | 66195 |
| Revised Code; | 66196 |
| (d) Losses incurred by investors in real estate if the | 66197 |
| applicant and the licensee are principals in the investment. | 66198 |
| (C) A person who applies to a court of common pleas for an | 66199 |
| order directing payment out of the fund shall file notice of the | 66200 |
| application with the superintendent. The superintendent may defend | 66201 |
| any such action on behalf of the fund and shall have recourse to | 66202 |
| all appropriate means of defense and review, including examination | 66203 |
| of witnesses, verification of actual and direct losses, and | 66204 |
| challenges to the underlying judgment required in division | 66205 |
| (B)(4)(a) of this section to determine whether the underlying | 66206 |
| judgment is based on activity only a licensed broker or licensed | 66207 |
| salesperson is permitted to perform. The superintendent may move | 66208 |
| the court at any time to dismiss the application when it appears | 66209 |
| there are no triable issues and the application is without merit. | 66210 |
| The motion may be supported by affidavit of any person having | 66211 |
| knowledge of the facts and may be made on the basis that the | 66212 |
| application, including the judgment referred to in it, does not | 66213 |
| form the basis for a meritorious recovery claim; provided, that | 66214 |
| the superintendent shall give written notice to the applicant at | 66215 |
| least ten days before such motion. The superintendent may, subject | 66216 |
| to court approval, compromise a claim based upon the application | 66217 |
| of an aggrieved party. The superintendent shall not be bound by | 66218 |
| any prior compromise or stipulation of the judgment debtor. | 66219 |
| (D) Notwithstanding any other provision of this section, the | 66220 |
| liability of the fund shall not exceed forty thousand dollars for | 66221 |
| any one licensee. If a licensee's license is reactivated as | 66222 |
| provided in division (E) of this section, the liability of the | 66223 |
| fund for the licensee under this section shall again be forty | 66224 |
| thousand dollars, but only for transactions that occur subsequent | 66225 |
| to the time of reactivation. | 66226 |
| If the forty-thousand-dollar liability of the fund is | 66227 |
| insufficient to pay in full the valid claims of all aggrieved | 66228 |
| persons by whom claims have been filed against any one licensee, | 66229 |
| the forty thousand dollars shall be distributed among them in the | 66230 |
| ratio that their respective claims bear to the aggregate of valid | 66231 |
| claims or in such other manner as the court finds equitable. | 66232 |
| Distribution of moneys shall be among the persons entitled to | 66233 |
| share in it, without regard to the order of priority in which | 66234 |
| their respective judgments may have been obtained or their claims | 66235 |
| have been filed. Upon petition of the superintendent, the court | 66236 |
| may require all claimants and prospective claimants against one | 66237 |
| licensee to be joined in one action, to the end that the | 66238 |
| respective rights of all such claimants to the fund may be | 66239 |
| equitably adjudicated and settled. | 66240 |
| (E) If the superintendent pays from the fund any amount in | 66241 |
| settlement of a claim or toward satisfaction of a judgment against | 66242 |
| a licensed broker or salesperson, the license of the broker or | 66243 |
| salesperson shall be automatically suspended upon the date of | 66244 |
| payment from the fund. The superintendent shall not reactivate the | 66245 |
| suspended license of that broker or salesperson until the broker | 66246 |
| or salesperson has repaid in full, plus interest per annum at the | 66247 |
| rate specified in division (A) of section 1343.03 of the Revised | 66248 |
| Code, the amount paid from the fund on the broker's or | 66249 |
| salesperson's account. A discharge in bankruptcy does not relieve | 66250 |
| a person from the suspension and requirements for reactivation | 66251 |
| provided in this section unless the underlying judgment has been | 66252 |
| included in the discharge and has not been reaffirmed by the | 66253 |
| debtor. | 66254 |
| (F) If, at any time, the money deposited in the fund is | 66255 |
| insufficient to satisfy any duly authorized claim or portion of a | 66256 |
| claim, the superintendent shall, when sufficient money has been | 66257 |
| deposited in the fund, satisfy such unpaid claims or portions, in | 66258 |
| the order that such claims or portions were originally filed, plus | 66259 |
| accumulated interest per annum at the rate specified in division | 66260 |
| (A) of section 1343.03 of the Revised Code. | 66261 |
| (G) When, upon the order of the court, the superintendent has | 66262 |
| paid from the fund any sum to the judgment creditor, the | 66263 |
| superintendent shall be subrogated to all of the rights of the | 66264 |
| judgment creditor to the extent of the amount so paid, and the | 66265 |
| judgment creditor shall assign all the judgment creditor's right, | 66266 |
| title, and interest in the judgment to the superintendent to the | 66267 |
| extent of the amount so paid. Any amount and interest so recovered | 66268 |
| by the superintendent on the judgment shall be deposited in the | 66269 |
| fund. | 66270 |
| (H) Nothing contained in this section shall limit the | 66271 |
| authority of the superintendent to take disciplinary action | 66272 |
| against any licensee under other provisions of this chapter; nor | 66273 |
| shall the repayment in full of all obligations to the fund by any | 66274 |
| licensee nullify or modify the effect of any other disciplinary | 66275 |
| proceeding brought pursuant to this chapter. | 66276 |
| (I) The superintendent shall collect from the fund a service | 66277 |
| fee in an amount equivalent to the interest rate specified in | 66278 |
| division (A) of section 1343.03 of the Revised Code multiplied by | 66279 |
| the annual interest earned on the assets of the fund, to defray | 66280 |
| the expenses incurred in the administration of the fund. | 66281 |
| Sec. 4735.13. (A) The license of a real estate broker shall | 66282 |
| be prominently displayed in the office or place of business of | 66283 |
| the broker, and no license shall authorize the licensee to do | 66284 |
| business except from the location specified in it. If the broker | 66285 |
| maintains more than one place of business within the state, the | 66286 |
| broker shall apply for and procure a duplicate license for each | 66287 |
| branch office maintained by the broker. Each branch office shall | 66288 |
| be in the charge of a licensed broker or salesperson. The branch | 66289 |
| office license shall be prominently displayed at the branch | 66290 |
| office location. | 66291 |
| (B) The license of each real estate salesperson shall be | 66292 |
| mailed to and remain in the possession of the licensed broker with | 66293 |
| whom the salesperson is or is to be associated until the licensee | 66294 |
| places the license on inactive, voluntary hold, or resigned status | 66295 |
| or until the salesperson leaves the brokerage or is terminated. | 66296 |
| The broker shall keep each salesperson's license in a way that it | 66297 |
| can, and shall on request, be made immediately available for | 66298 |
| public inspection at the office or place of business of the | 66299 |
| broker. Except as provided in divisions (G) and (H) of this | 66300 |
| section, immediately upon the salesperson's leaving the | 66301 |
| association or termination of the association of a real estate | 66302 |
| salesperson with the broker, the broker shall return the | 66303 |
| salesperson's license to the superintendent of real estate. | 66304 |
| The failure of a broker to return the license of a real | 66305 |
| estate salesperson or broker who leaves or who is terminated, via | 66306 |
| certified mail return receipt requested, within three business | 66307 |
| days of the receipt of a written request from the superintendent | 66308 |
| for the return of the license, is prima-facie evidence of | 66309 |
| misconduct under division (A)(6) of section 4735.18 of the Revised | 66310 |
| Code. | 66311 |
| (C) Any licensee who is convicted of a felony or a crime | 66312 |
| involving moral turpitude or of violating any federal, state, or | 66313 |
| municipal civil rights law pertaining to discrimination in | 66314 |
| housing, or any court that issues a finding of an unlawful | 66315 |
| discriminatory practice pertaining to housing accommodations | 66316 |
| described in division (H) of section 4112.02 of the Revised Code | 66317 |
| or that convicts a licensee of a violation of any municipal civil | 66318 |
| rights law pertaining to housing discrimination, shall notify the | 66319 |
| superintendent of the conviction or finding within fifteen days. | 66320 |
| If a licensee fails to notify the superintendent within the | 66321 |
| required time, the superintendent immediately may revoke the | 66322 |
| license of the licensee. | 66323 |
| Any court that convicts a licensee of a violation of any | 66324 |
| municipal civil rights law pertaining to housing discrimination | 66325 |
| also shall notify the Ohio civil rights commission within fifteen | 66326 |
| days of the conviction. | 66327 |
| (D) In case of any change of business location, a broker | 66328 |
| shall give notice in writing to the superintendent, whereupon the | 66329 |
| superintendent shall issue new licenses for the unexpired period | 66330 |
| without charge. If a broker changes a business location without | 66331 |
| giving the required notice and without receiving new licenses | 66332 |
| that action is prima-facie evidence of misconduct under division | 66333 |
| (A)(6) of section 4735.18 of the Revised Code. | 66334 |
| (E) If a real estate broker desires to associate with another | 66335 |
| real estate broker in the capacity of a real estate salesperson, | 66336 |
| the broker shall apply to the superintendent to deposit the | 66337 |
| broker's real estate broker's license with the superintendent and | 66338 |
| for the issuance of a real estate salesperson's license. The | 66339 |
| application shall be made on a form prescribed by the | 66340 |
| superintendent and shall be accompanied by the recommendation of | 66341 |
| the real estate broker with whom the applicant intends to become | 66342 |
| associated and a fee of twenty-five dollars for the real estate | 66343 |
|
salesperson's license. | 66344 |
| credited to the real estate education and research fund. If the | 66345 |
| superintendent is satisfied that the applicant is honest, | 66346 |
| truthful, and of good reputation, has not been convicted of a | 66347 |
| felony or a crime involving moral turpitude, and has not been | 66348 |
| finally adjudged by a court to have violated any municipal, state, | 66349 |
| or federal civil rights laws relevant to the protection of | 66350 |
| purchasers or sellers of real estate, and that the association of | 66351 |
| the real estate broker and the applicant will be in the public | 66352 |
| interest, the superintendent shall grant the application and issue | 66353 |
| a real estate salesperson's license to the applicant. Any license | 66354 |
| so deposited with the superintendent shall be subject to this | 66355 |
| chapter. A broker who intends to deposit the broker's license with | 66356 |
| the superintendent, as provided in this section, shall give | 66357 |
| written notice of this fact in a format prescribed by the | 66358 |
| superintendent to all salespersons associated with the broker when | 66359 |
| applying to place the broker's license on deposit. | 66360 |
| (F) If a real estate broker desires to become a member or | 66361 |
| officer of a partnership, association, limited liability company, | 66362 |
| limited liability partnership, or corporation that is or intends | 66363 |
| to become a licensed real estate broker, the broker shall notify | 66364 |
| the superintendent of the broker's intentions. The notice of | 66365 |
| intention shall be on a form prescribed by the superintendent and | 66366 |
|
shall be
accompanied by a fee of twenty-five dollars. | 66367 |
| One dollar of the fee shall be credited to the real estate | 66368 |
| education and research fund. | 66369 |
| No real estate broker who is a member or officer of a | 66370 |
| partnership, association, limited liability company, limited | 66371 |
| liability partnership, or corporation that is a licensed real | 66372 |
| estate broker shall perform any acts as a real estate broker | 66373 |
| other than as the agent of the partnership, association, limited | 66374 |
| liability company, limited liability partnership, or corporation, | 66375 |
| and such broker shall not have any real estate salespersons | 66376 |
| associated with the broker. | 66377 |
| (G) If a real estate broker or salesperson enters the armed | 66378 |
| forces, the broker or salesperson may place the broker's or | 66379 |
| salesperson's license on deposit with the Ohio real estate | 66380 |
| commission. The licensee shall not be required to renew the | 66381 |
| license until the renewal date that follows the date of discharge | 66382 |
| from the armed forces. Any license deposited with the commission | 66383 |
| shall be subject to this chapter. Any licensee whose license is on | 66384 |
| deposit under this division and who fails to meet the continuing | 66385 |
| education requirements of section 4735.141 of the Revised Code | 66386 |
| because the licensee is in the armed forces shall satisfy the | 66387 |
| commission that the licensee has complied with the continuing | 66388 |
| education requirements within twelve months of the licensee's | 66389 |
| discharge. The commission shall notify the licensee of the | 66390 |
| licensee's obligations under section 4735.141 of the Revised Code | 66391 |
| at the time the licensee applies for reactivation of the | 66392 |
| licensee's license. | 66393 |
| (H) If a licensed real estate salesperson submits an | 66394 |
| application to the superintendent to leave the association of one | 66395 |
| broker to associate with a different broker, the broker possessing | 66396 |
| the licensee's license need not return the salesperson's license | 66397 |
| to the superintendent. The superintendent may process the | 66398 |
| application regardless of whether the licensee's license is | 66399 |
| returned to the superintendent. | 66400 |
| Sec. 4735.15. (A) The fees for reactivation or transfer of | 66401 |
| a license shall be as follows: | 66402 |
| (1) Reactivation or transfer of a broker's license into or | 66403 |
| out of a partnership, association, limited liability company, | 66404 |
| limited liability partnership, or corporation or from one | 66405 |
| partnership, association, limited liability company, limited | 66406 |
| liability partnership, or corporation to another partnership, | 66407 |
| association, limited liability company, limited liability | 66408 |
| partnership, or corporation, twenty-five dollars. An application | 66409 |
| for such transfer shall be made to the superintendent of real | 66410 |
| estate on forms provided by the superintendent. | 66411 |
| (2) Reactivation or transfer of a license by a real estate | 66412 |
|
salesperson,
| 66413 |
| (B) Except as may otherwise be specified pursuant to division | 66414 |
| (F) of this section, the nonrefundable fees for a branch office | 66415 |
| license, license renewal, late filing, and foreign real estate | 66416 |
| dealer and salesperson license are as follows per year for each | 66417 |
| year of a licensing period: | 66418 |
| (1) Branch office license, | 66419 |
| (2) Renewal of a real
estate broker's license, | 66420 |
| sixty dollars. If the licensee is a partnership, association, | 66421 |
| limited liability company, limited liability partnership, or | 66422 |
| corporation, the full broker's renewal fee shall be required for | 66423 |
| each member of such partnership, association, limited liability | 66424 |
| company, limited liability partnership, or corporation that is a | 66425 |
| real estate broker. If the real estate broker has not less than | 66426 |
| eleven nor more than twenty real estate salespersons associated | 66427 |
| with the broker, an additional fee of sixty-four dollars shall be | 66428 |
| assessed to the brokerage. For every additional ten real estate | 66429 |
| salespersons or fraction of that number, the brokerage assessment | 66430 |
| fee shall be increased in the amount of thirty-seven dollars. | 66431 |
| (3) Renewal of a real estate salesperson's license, | 66432 |
| 66433 |
| (4) Renewal of a real estate broker's or salesperson's | 66434 |
| license filed within twelve months after the licensee's renewal | 66435 |
| date, an additional late filing penalty of fifty per cent of the | 66436 |
| required fee; | 66437 |
| (5) Foreign real estate dealer's license and each renewal of | 66438 |
| the license, thirty dollars per salesperson employed by the | 66439 |
| dealer, but not less than one hundred fifty dollars; | 66440 |
| (6) Foreign real estate salesperson's license and each | 66441 |
| renewal of the license, fifty dollars. | 66442 |
| (C) All fees collected under this section shall be paid to | 66443 |
|
the
treasurer of state. | 66444 |
| shall be credited to the real estate education and research fund, | 66445 |
| except that for fees that are assessed only once every three | 66446 |
|
years,
| 66447 |
| credited to the real estate education and research fund. | 66448 |
| (D) In all cases, the fee and any penalty shall accompany the | 66449 |
| application for the license, license transfer, or license | 66450 |
| reactivation or shall accompany the filing of the renewal. | 66451 |
| (E) The commission may establish by rule reasonable fees for | 66452 |
| services not otherwise established by this chapter. | 66453 |
| (F) The commission may adopt rules that provide for a | 66454 |
| reduction in the fees established in divisions (B)(2) and (3) of | 66455 |
| this section. | 66456 |
| Sec. 4736.01. As used in this chapter: | 66457 |
| (A) "Environmental health science" means the aspect of public | 66458 |
| health science that includes, but is not limited to, the following | 66459 |
| bodies of knowledge: air quality, food quality and protection, | 66460 |
| hazardous and toxic substances, consumer product safety, housing, | 66461 |
| institutional health and safety, community noise control, | 66462 |
| radiation protection, recreational facilities, solid and liquid | 66463 |
| waste management, vector control, drinking water quality, milk | 66464 |
| sanitation, and rabies control. | 66465 |
| (B) "Sanitarian" means a person who performs for compensation | 66466 |
| educational, investigational, technical, or administrative duties | 66467 |
| requiring specialized knowledge and skills in the field of | 66468 |
| environmental health science. | 66469 |
| (C) "Registered sanitarian" means a person who is registered | 66470 |
| as a sanitarian in accordance with this chapter. | 66471 |
| (D) "Sanitarian-in-training" means a person who is registered | 66472 |
| as a sanitarian-in-training in accordance with this chapter. | 66473 |
| (E) "Practice of environmental health" means consultation, | 66474 |
| instruction, investigation, inspection, or evaluation by an | 66475 |
| employee of a city health district, a general health district, the | 66476 |
| environmental protection agency, the department of health, or the | 66477 |
| department of agriculture requiring specialized knowledge, | 66478 |
| training, and experience in the field of environmental health | 66479 |
| science, with the primary purpose of improving or conducting | 66480 |
| administration or enforcement under any of the following: | 66481 |
| (1) Chapter 911., 913., 917., 3717., 3718., 3721., 3729., or | 66482 |
| 3733. of the Revised Code; | 66483 |
| (2) Chapter 3734. of the Revised Code as it pertains to solid | 66484 |
| waste; | 66485 |
| (3) Section 955.26, 3701.344, 3707.01, or 3707.03, sections | 66486 |
| 3707.38 to 3707.99, or section 3715.21 of the Revised Code; | 66487 |
| (4) Rules adopted under section 3701.34 of the Revised Code | 66488 |
|
pertaining to rabies control or swimming
pools | 66489 |
| | 66490 |
| 66491 | |
| 66492 | |
| 66493 |
| "Practice of environmental health" does not include sampling, | 66494 |
| testing, controlling of vectors, reporting of observations, or | 66495 |
| other duties that do not require application of specialized | 66496 |
| knowledge and skills in environmental health science performed | 66497 |
| under the supervision of a registered sanitarian. | 66498 |
| The state board of sanitarian registration may further define | 66499 |
| environmental health science in relation to specific functions in | 66500 |
| the practice of environmental health through rules adopted by the | 66501 |
| board under Chapter 119. of the Revised Code. | 66502 |
| Sec. 4740.14. (A) There is hereby created within the | 66503 |
| department of commerce the residential construction advisory | 66504 |
|
committee consisting of
nine persons | 66505 |
| 66506 | |
| accordance with division (B) of this section. The advisory | 66507 |
| committee shall consist of the following members: | 66508 |
| (1) Three shall be general contractors who have recognized | 66509 |
| ability and experience in the construction of residential | 66510 |
|
buildings | 66511 |
| (2) Two shall be building officials who have experience | 66512 |
|
administering and enforcing a
residential building code | 66513 |
| 66514 | |
| 66515 |
| (3) One shall be from the fire service certified as a fire | 66516 |
| safety inspector who has at least ten years of experience | 66517 |
|
enforcing fire or building codes | 66518 |
| (4) One shall be a residential contractor who has recognized | 66519 |
| ability and experience in the remodeling and construction of | 66520 |
|
residential buildings | 66521 |
| (5) One shall be an architect registered pursuant to Chapter | 66522 |
| 4703. of the Revised Code, with recognized ability and experience | 66523 |
|
in the
architecture of residential buildings | 66524 |
| 66525 | |
| 66526 |
| (6) One shall be a mayor of a municipal corporation in which | 66527 |
| the Ohio residential building code is being enforced in the | 66528 |
| municipal corporation by a certified building department. | 66529 |
| (B) | 66530 |
| 66531 | |
| the house of representatives shall appoint two of the members | 66532 |
| described in division (A)(1) of this section. The president of | 66533 |
| the senate shall appoint one of the members described in division | 66534 |
| (A)(1) and the member described in division (A)(4) of this | 66535 |
| section. The director of commerce shall appoint the members | 66536 |
| described in division (A)(2) of this section, chosen from a list | 66537 |
| of five names the Ohio building officials association submits to | 66538 |
| the director; the member described in division (A)(3) of this | 66539 |
| section, chosen from a list of three names the Ohio fire chief's | 66540 |
| association submits to the director; the member described in | 66541 |
| division (A)(5) of this section, chosen from a list of three | 66542 |
| names the Ohio society of the American institute of architects | 66543 |
| submits to the director; and the member described in division | 66544 |
| (A)(6) of this section, chosen from a list of three names the | 66545 |
| Ohio municipal league submits to the director. | 66546 |
| (C) Terms of office shall be for three years, with each term | 66547 |
| ending on the date three years after the date of appointment. | 66548 |
| Each member shall hold office from the date of appointment until | 66549 |
|
the
end of the term for which
the member was
appointed. | 66550 |
| 66551 | |
| provided for initial appointments. Any member appointed to fill a | 66552 |
| vacancy in an unexpired term shall hold office for the remainder | 66553 |
| of that term. | 66554 |
| | 66555 |
| (1) Recommend to the board of building standards a building | 66556 |
| code for residential buildings. The committee shall recommend a | 66557 |
|
code
that it | 66558 |
| national model code organization issues, with adaptations | 66559 |
| necessary to implement the code in this state. If the board of | 66560 |
| building standards decides not to adopt a code the committee | 66561 |
| recommends, the committee shall revise the code and resubmit it | 66562 |
| until the board adopts a code the committee recommends as the | 66563 |
| state residential building code; | 66564 |
| (2) Provide the board with any rule the committee recommends | 66565 |
| to update or amend the state residential building code or to | 66566 |
| update or amend rules that the board adopts pursuant to division | 66567 |
| (E) of section 3781.10 of the Revised Code that relate to the | 66568 |
| certification of entities that enforce the state residential | 66569 |
| building code; | 66570 |
| (3) Advise the board regarding the establishment of standards | 66571 |
| for certification of building officials who enforce the state | 66572 |
| residential building code; | 66573 |
| | 66574 |
| to residential contractors and building officials who enforce the | 66575 |
| state residential building code; | 66576 |
| | 66577 |
| state residential building code; | 66578 |
| | 66579 |
| necessary; | 66580 |
| (7) Provide the board with a written report of the | 66581 |
| committee's findings for each consideration required by division | 66582 |
| (E) of this section; | 66583 |
| (8) Provide the board with any rule the committee recommends | 66584 |
| regarding the state residential building code or relating to the | 66585 |
| certification of entities that enforce the state residential | 66586 |
| building code after receiving a petition as described in division | 66587 |
| (A)(2) of section 3781.12 of the Revised Code. | 66588 |
| | 66589 |
|
recommendation
to the board pursuant to
| 66590 |
|
(D)(1), (2), (3), (5),
and (8) of this section | 66591 |
|
advisory committee | 66592 |
| following: | 66593 |
| (1) The impact that the state residential building code may | 66594 |
| have upon the health, safety, and welfare of the public; | 66595 |
| (2) The economic reasonableness of the residential building | 66596 |
| code; | 66597 |
| (3) The technical feasibility of the residential building | 66598 |
| code; | 66599 |
| (4) The financial impact that the residential building code | 66600 |
| may have on the public's ability to purchase affordable housing. | 66601 |
| | 66602 |
| salary for the performance of their duties as members, but shall | 66603 |
| receive their actual and necessary expenses incurred in the | 66604 |
| performance of their duties as members of the advisory committee | 66605 |
| and shall receive a per diem for each day in attendance at an | 66606 |
| official meeting of the committee, to be paid from the industrial | 66607 |
| compliance operating fund in the state treasury, using fees | 66608 |
| collected in connection with residential buildings pursuant to | 66609 |
| division (F)(2) of section 3781.102 of the Revised Code and | 66610 |
| deposited in that fund. | 66611 |
| | 66612 |
| and (B) of section 101.84 of the Revised Code. | 66613 |
| Sec. 4741.41. There is hereby created the veterinarian loan | 66614 |
|
repayment program. Under the program, the | 66615 |
| state veterinary medical licensing board, by means of a contract | 66616 |
| entered into under section 4741.44 of the Revised Code, may agree | 66617 |
| to repay all or part of the principal and interest of a government | 66618 |
| or other educational loan taken out by a veterinarian for the | 66619 |
| following expenses if the expenses were incurred while the | 66620 |
| veterinarian was enrolled, for a maximum of four years, in a | 66621 |
| veterinary college in the United States that, during the time of | 66622 |
|
enrollment, was approved by the | 66623 |
| board or accredited by the American veterinary medical | 66624 |
| association: | 66625 |
| (A) Tuition; | 66626 |
| (B) Other educational expenses, such as fees, books, and | 66627 |
| laboratory expenses, for specific purposes and in amounts | 66628 |
|
determined to be reasonable by the | 66629 |
| 66630 |
| (C) Room and board, in an amount determined to be reasonable | 66631 |
|
by the | 66632 |
| No repayment shall exceed twenty thousand dollars in any | 66633 |
| year. If, however, a repayment results in an increase in the | 66634 |
| veterinarian's federal, state, or local income tax liability, the | 66635 |
| 66636 | |
| 66637 | |
| may reimburse the veterinarian for the increased tax liability | 66638 |
| regardless of the amount of the repayment made to the veterinarian | 66639 |
| in that year. | 66640 |
| Sec. 4741.44. (A) A veterinarian who has signed a letter of | 66641 |
|
intent under section 4741.43 of the Revised Code | 66642 |
|
veterinary medical licensing board | 66643 |
| may enter into a contract for the veterinarian's participation in | 66644 |
| the veterinarian loan repayment program. A lending institution | 66645 |
| also may be a party to the contract. | 66646 |
| (B) The contract shall include all of the following | 66647 |
| obligations: | 66648 |
| (1) The veterinarian agrees to provide large animal | 66649 |
| veterinary services or to provide veterinary services necessary to | 66650 |
| implement or enforce the law or to protect public health, as | 66651 |
| applicable, in a veterinary resource shortage area identified in | 66652 |
| the letter of intent for at least two years or one year per ten | 66653 |
| thousand dollars of repayment agreed to under division (B)(3) of | 66654 |
| this section, whichever is greater. | 66655 |
| (2) When providing veterinary services in the veterinary | 66656 |
| resource shortage area, the veterinarian agrees to do both of the | 66657 |
| following: | 66658 |
| (a) Provide veterinary services for a minimum of forty hours | 66659 |
| per week; | 66660 |
| (b) Devote not less than sixty per cent of total monthly | 66661 |
| veterinary services to large animal veterinary services or | 66662 |
| veterinary services necessary to implement or enforce the law or | 66663 |
| to protect public health, as applicable. | 66664 |
| (3) The | 66665 |
| licensing board agrees, as provided in section 4741.41 of the | 66666 |
| Revised Code, to repay, so long as the veterinarian performs the | 66667 |
| service obligation agreed to under division (B)(1) of this | 66668 |
| section, all or part of the principal and interest of a government | 66669 |
| or other educational loan taken by the veterinarian for expenses | 66670 |
| described in section 4741.41 of the Revised Code. | 66671 |
| (4) The veterinarian agrees to pay the | 66672 |
| state veterinary medical licensing board the following as damages | 66673 |
| if the veterinarian fails to complete the service obligation | 66674 |
| agreed to under division (B)(1) of this section: | 66675 |
| (a) If the failure occurs during the first two years of the | 66676 |
| service obligation, two times the total amount the board has | 66677 |
| agreed to pay under division (B)(3) of this section; | 66678 |
| (b) If the failure occurs after the first two years of the | 66679 |
| service obligation, two times the total amount the board is still | 66680 |
| obligated to repay under division (B)(3) of this section. | 66681 |
| (C) The contract may include any other terms agreed upon by | 66682 |
|
the parties, including an assignment to the | 66683 |
| state veterinary medical licensing board of the veterinarian's | 66684 |
| duty to pay the principal and interest of a government or other | 66685 |
| educational loan taken by the veterinarian for expenses described | 66686 |
|
in section 4741.41 of the Revised Code. If the | 66687 |
| 66688 | |
| veterinarian's duty to pay a loan, the contract shall set forth | 66689 |
| the total amount of principal and interest to be paid, an | 66690 |
| amortization schedule, and the amount of each payment to be made | 66691 |
| under the schedule. | 66692 |
| (D) Not later than the thirty-first day of January each year, | 66693 |
|
the | 66694 |
| to whom or on whose behalf repayment is made under section | 66695 |
| 4741.41 of the Revised Code a statement showing the amount of | 66696 |
|
principal and interest repaid by
the | 66697 |
| in the preceding year pursuant to the contract. The statement | 66698 |
| shall be sent by ordinary mail with address correction and | 66699 |
| forwarding requested in the manner prescribed by the United | 66700 |
| States postal service. | 66701 |
| Sec. 4741.45. The state veterinary medical licensing board, | 66702 |
| in accordance with Chapter 119. of the Revised Code, shall adopt | 66703 |
| rules that do all of the following: | 66704 |
| (A) Define "large animal veterinary services," "veterinary | 66705 |
| services necessary to implement or enforce the law," and | 66706 |
| "veterinary services necessary to protect public health"; | 66707 |
| (B) Designate veterinary resource shortage areas comprised of | 66708 |
| areas in this state that have limited access to each of the | 66709 |
| following: | 66710 |
| (1) Large animal veterinary services; | 66711 |
| (2) Veterinary services necessary to implement or enforce the | 66712 |
| law; | 66713 |
| (3) Veterinary services necessary to protect public health. | 66714 |
| The designations may apply to a geographic area, one or more | 66715 |
| facilities within a particular area, or a population group of | 66716 |
| animals within a particular area. | 66717 |
| (C) Establish priorities among veterinary resource shortage | 66718 |
| areas for use in recruiting veterinarians under the veterinarian | 66719 |
| loan repayment program; | 66720 |
| (D) Establish priorities for use in determining eligibility | 66721 |
| among applicants for participation in the veterinarian loan | 66722 |
| repayment program; | 66723 |
| (E) Establish any other requirement or procedure that is | 66724 |
| necessary to implement and administer sections 4741.40 to 4741.47 | 66725 |
| of the Revised Code. | 66726 |
| In adopting the rules, the board shall consult with the state | 66727 |
|
veterinarian | 66728 |
| Sec. 4741.46. (A) The state veterinary medical licensing | 66729 |
| board may accept gifts of money from any source for the | 66730 |
| implementation and administration of sections 4741.40 to 4741.45 | 66731 |
| of the Revised Code. The board shall deposit all gifts so accepted | 66732 |
| into the state treasury to the credit of the veterinary resource | 66733 |
| shortage area fund, which is hereby created. The board shall use | 66734 |
| the fund for the implementation and administration of sections | 66735 |
| 4741.40 to 4741.45 of the Revised Code. | 66736 |
| (B) The | 66737 |
|
from any source for the | 66738 |
| 66739 | |
|
repayment program created in section 4741.41 | 66740 |
| Revised Code. The board shall deposit all gifts so accepted | 66741 |
| together with all damages collected under division (B)(4) of | 66742 |
| section 4741.44 of the Revised Code into the state treasury to the | 66743 |
| credit of the veterinarian loan repayment fund, which is hereby | 66744 |
| created. The fund also shall consist of the portion of biennial | 66745 |
| renewal fees that is credited to the fund under section 4741.17 of | 66746 |
| the Revised Code. The board shall use the fund for the | 66747 |
| implementation and administration of the veterinarian loan | 66748 |
|
repayment program | 66749 |
| Sec. 4753.02. No person shall practice, offer to practice, | 66750 |
| or aid and abet the practice of the profession of speech-language | 66751 |
| pathology or audiology, or use in connection with the person's | 66752 |
| name, or otherwise assume, use, or advertise any title or | 66753 |
| description tending to convey the impression that the person is a | 66754 |
| speech-language pathologist or audiologist unless the person is | 66755 |
|
licensed | 66756 |
| the Revised Code. | 66757 |
| Sec. 4753.05. (A) The board of speech-language pathology and | 66758 |
| audiology may make reasonable rules necessary for the | 66759 |
| administration of this chapter. The board shall adopt rules to | 66760 |
| ensure ethical standards of practice by speech-language | 66761 |
|
pathologists and audiologists
licensed | 66762 |
| this chapter or section 3319.227 of the Revised Code. All rules | 66763 |
| adopted under this chapter shall be adopted in accordance with | 66764 |
| Chapter 119. of the Revised Code. | 66765 |
| (B) The board shall determine the nature and scope of | 66766 |
| examinations to be administered to applicants for licensure | 66767 |
| pursuant to this chapter in the practices of speech-language | 66768 |
| pathology and audiology, and shall evaluate the qualifications of | 66769 |
| all applicants. Written examinations may be supplemented by such | 66770 |
| practical and oral examinations as the board shall determine by | 66771 |
| rule. The board shall determine by rule the minimum examination | 66772 |
| score for licensure. Licensure shall be granted independently in | 66773 |
| speech-language pathology and audiology. The board shall maintain | 66774 |
| a current public record of all persons licensed, to be made | 66775 |
| available upon request. | 66776 |
| (C) The board shall publish and make available, upon request, | 66777 |
|
the licensure | 66778 |
| section 3319.227 of the Revised Code and rules adopted pursuant | 66779 |
| thereto. | 66780 |
| (D) The board shall submit to the governor each year a report | 66781 |
| of all its official actions during the preceding year together | 66782 |
| with any recommendations and findings with regard to the | 66783 |
| improvement of the professions of audiology and speech-language | 66784 |
| pathology. | 66785 |
| (E) The board shall investigate all alleged irregularities in | 66786 |
| the practices of speech-language pathology and audiology by | 66787 |
|
persons licensed | 66788 |
| 3319.227 of the Revised Code, and shall investigate any | 66789 |
| violations of this chapter or rules adopted by the board or | 66790 |
| violations of section 3319.227 of the Revised Code or rules | 66791 |
| adopted under that section. The board shall not investigate the | 66792 |
| practice of any person specifically exempted from licensure under | 66793 |
| this chapter by section 4753.12 of the Revised Code, as long as | 66794 |
| the person is practicing within the scope of the person's license | 66795 |
| or is carrying out responsibilities as described in division (G) | 66796 |
| or (H) of section 4753.12 of the Revised Code and does not claim | 66797 |
| to be a speech-language pathologist or audiologist. | 66798 |
| In conducting investigations under this division, the board | 66799 |
| may administer oaths, order the taking of depositions, issue | 66800 |
| subpoenas, and compel the attendance of witnesses and the | 66801 |
| production of books, accounts, papers, records, documents, and | 66802 |
| testimony. In any case of disobedience or neglect of any subpoena | 66803 |
| served on any person or the refusal of any witness to testify to | 66804 |
| any matter regarding which the witness may lawfully be | 66805 |
| interrogated, the court of common pleas of any county where such | 66806 |
| disobedience, neglect, or refusal occurs or any judge thereof, on | 66807 |
| application by the board, shall compel obedience by attachment | 66808 |
| proceedings for contempt, as in the case of disobedience of the | 66809 |
| requirements of a subpoena issued from such court, or a refusal to | 66810 |
| testify therein. | 66811 |
| (F) The board shall conduct such hearings and keep such | 66812 |
| records and minutes as are necessary to carry out this chapter. | 66813 |
| (G) The board shall adopt a seal by which it shall | 66814 |
| authenticate its proceedings. Copies of the proceedings, records, | 66815 |
| and acts signed by the chairperson or executive director and | 66816 |
| authenticated by such seal shall be prima-facie evidence thereof | 66817 |
| in all courts of this state. | 66818 |
| Sec. 4753.11. (A) For all types of licenses | 66819 |
| issued by the board of speech-language pathology and audiology, | 66820 |
|
the board shall charge a
nonrefundable licensure | 66821 |
| be determined by board rule, which shall be paid at the time the | 66822 |
| application is filed with the board. | 66823 |
| (B) On or before the thirty-first day of January of every | 66824 |
| other year, the board shall charge a biennial licensure renewal | 66825 |
| fee which shall be determined by board rule and used to defray | 66826 |
| costs of the board. | 66827 |
| (C) The board may, by rule, provide for the waiver of all or | 66828 |
| part of such fees when the license is issued less than one hundred | 66829 |
| days before the date on which it will expire. | 66830 |
| (D) After the last day of the month designated by the board | 66831 |
| for renewal, the board shall charge a late fee to be determined by | 66832 |
| board rule in addition to the biennial licensure renewal fee. | 66833 |
| (E) No municipal corporation shall levy an occupational or | 66834 |
| similar excise tax on any person licensed under this chapter. | 66835 |
| (F) All fees collected under this section and section 4753.09 | 66836 |
| of the Revised Code shall be paid into the state treasury to the | 66837 |
| credit of the occupational licensing and regulatory fund. | 66838 |
| Sec. 4755.06. The occupational therapy section of the Ohio | 66839 |
| occupational therapy, physical therapy, and athletic trainers | 66840 |
| board may make reasonable rules in accordance with Chapter 119. of | 66841 |
| the Revised Code relating to, but not limited to, the following: | 66842 |
| (A) The form and manner for filing applications for licensure | 66843 |
| under sections 4755.04 to 4755.13 of the Revised Code; | 66844 |
| (B) The issuance, suspension, and revocation of the | 66845 |
| licenses and the conducting of investigations and hearings; | 66846 |
| (C) Standards for approval of courses of study relative to | 66847 |
| the practice of occupational therapy; | 66848 |
| (D) The time and form of examination for the licensure; | 66849 |
| (E) Standards of ethical conduct in the practice of | 66850 |
| occupational therapy; | 66851 |
| (F) The form and manner for filing applications for renewal | 66852 |
| and a schedule of deadlines for renewal; | 66853 |
| (G) | 66854 |
| a licensee who files a late application for renewal will be | 66855 |
| reinstated; | 66856 |
| (H) Placing an existing license in escrow; | 66857 |
| (I) The amount, scope, and nature of continuing education | 66858 |
|
activities required for license renewal, including waivers | 66859 |
| 66860 | |
| 66861 | |
|
education | 66862 |
|
(J) | 66863 |
| (K) Requirements for criminal records checks of applicants | 66864 |
| under section 4776.03 of the Revised Code; | 66865 |
| (L) Subject to section 4755.061 of the Revised Code, the | 66866 |
| amount for each fee specified in section 4755.12 of the Revised | 66867 |
| Code that the section charges. | 66868 |
| The section may hear testimony in matters relating to the | 66869 |
| duties imposed upon it, and the chairperson and secretary of the | 66870 |
| section may administer oaths. The section may require proof, | 66871 |
| beyond the evidence found in the application, of the honesty, | 66872 |
| truthfulness, and good reputation of any person named in an | 66873 |
|
application for | 66874 |
| an examination or issuing a license. | 66875 |
| Sec. 4755.061. If the occupational therapy section of the | 66876 |
| Ohio occupational therapy, physical therapy, and athletic trainers | 66877 |
| board adopts rules pursuant to section 4755.06 of the Revised Code | 66878 |
| relating to the amounts of the fees that the section may charge | 66879 |
| for the late renewal of licenses and the review of continuing | 66880 |
| education activities, as provided in divisions (A)(5) and (A)(6) | 66881 |
| of section 4755.12 of the Revised Code, the section shall not | 66882 |
| establish fee amounts for those services that exceed the actual | 66883 |
| costs the section incurs in providing the services to a licensee. | 66884 |
| Sec. 4755.12. (A) The occupational therapy section of the | 66885 |
| Ohio occupational therapy, physical therapy, and athletic trainers | 66886 |
|
board | 66887 |
| (1) A nonrefundable examination fee, | 66888 |
| 66889 | |
|
time of application for licensure | 66890 |
| | 66891 |
| (2) An application fee for an initial license; | 66892 |
| (3) An initial licensure fee | 66893 |
| 66894 |
| | 66895 |
| (4) A fee for biennial renewal | 66896 |
| license; | 66897 |
| (5) A fee for late renewal of a license; | 66898 |
| (6) A fee for the review of continuing education activities; | 66899 |
| (7) A fee for a limited permit | 66900 |
| 66901 |
| (8) A fee for verification of a license. | 66902 |
| (B) Any person who is qualified to practice occupational | 66903 |
| therapy as certified by the section, but who is not in the active | 66904 |
| practice, as defined by section rule, may register with the | 66905 |
|
section as a nonactive licensee at a biennial fee | 66906 |
| 66907 |
| (C) The section may, by rule, provide for the waiver of all | 66908 |
| or part of a fee when the license is issued less than one hundred | 66909 |
| days before the date on which it will expire. | 66910 |
| (D) Except when all or part of a fee is waived under division | 66911 |
| (C) of this section, the amount charged by the occupational | 66912 |
| therapy section for each of its fees shall be the applicable | 66913 |
| amount established in rules adopted under section 4755.06 of the | 66914 |
| Revised Code. | 66915 |
| Sec. 4757.10. The counselor, social worker, and marriage and | 66916 |
| family therapist board may adopt any rules necessary to carry out | 66917 |
| this chapter. | 66918 |
| The board shall adopt rules that do all of the following: | 66919 |
| (A) Concern intervention for and treatment of any impaired | 66920 |
| person holding a license or certificate of registration issued | 66921 |
| under this chapter; | 66922 |
| (B) Establish standards for training and experience of | 66923 |
| supervisors described in division (C) of section 4757.30 of the | 66924 |
| Revised Code; | 66925 |
| (C) Define the requirement that an applicant be of good moral | 66926 |
| character in order to be licensed or registered under this | 66927 |
| chapter; | 66928 |
| (D) Establish requirements for criminal records checks of | 66929 |
| applicants under section 4776.03 of the Revised Code; | 66930 |
| (E) Establish a graduated system of fines based on the scope | 66931 |
| and severity of violations and the history of compliance, not to | 66932 |
| exceed five hundred dollars per incident, that any professional | 66933 |
| standards committee of the board may charge for a disciplinary | 66934 |
| violation described in section 4757.36 of the Revised Code. | 66935 |
| All rules adopted under this section shall be adopted in | 66936 |
| accordance with Chapter 119. of the Revised Code. When it adopts | 66937 |
| rules under this section or any other section of this chapter, the | 66938 |
| board may consider standards established by any national | 66939 |
| association or other organization representing the interests of | 66940 |
| those involved in professional counseling, social work, or | 66941 |
| marriage and family therapy. | 66942 |
| Sec. 4757.31. (A) Subject to division (B) of this section, | 66943 |
| the counselor, social worker, and marriage and family therapist | 66944 |
| board shall establish, and may from time to time adjust, fees to | 66945 |
| be charged for the following: | 66946 |
| (1) Examination for licensure as a professional clinical | 66947 |
| counselor, professional counselor, marriage and family therapist, | 66948 |
| independent marriage and family therapist, social worker, or | 66949 |
| independent social worker; | 66950 |
| (2) Initial licenses of professional clinical counselors, | 66951 |
| professional counselors, marriage and family therapists, | 66952 |
| independent marriage and family therapists, social workers, and | 66953 |
| independent social workers, except that the board shall charge | 66954 |
| only one fee to a person who fulfills all requirements for more | 66955 |
| than one of the following initial licenses: an initial license as | 66956 |
| a social worker or independent social worker, an initial license | 66957 |
| as a professional counselor or professional clinical counselor, | 66958 |
| and an initial license as a marriage and family therapist or | 66959 |
| independent marriage and family therapist; | 66960 |
| (3) Initial certificates of registration of social work | 66961 |
| assistants; | 66962 |
| (4) Renewal and late renewal of licenses of professional | 66963 |
| clinical counselors, professional counselors, marriage and family | 66964 |
| therapists, independent marriage and family therapists, social | 66965 |
| workers, and independent social workers and renewal and late | 66966 |
| renewal of certificates of registration of social work assistants; | 66967 |
| (5) Verification, to another jurisdiction, of a license or | 66968 |
| registration issued by the board; | 66969 |
| (6) Continuing education programs offered by the board to | 66970 |
| licensees or registrants. | 66971 |
| (B) The fees charged under division (A)(1) of this section | 66972 |
| shall be established in amounts sufficient to cover the direct | 66973 |
| expenses incurred in examining applicants for licensure. The fees | 66974 |
|
charged
under divisions (A)(2) | 66975 |
| section shall be nonrefundable and shall be established in amounts | 66976 |
| sufficient to cover the necessary expenses in administering this | 66977 |
| chapter and rules adopted under it that are not covered by fees | 66978 |
| charged under division (A)(1) or (C) of this section. The renewal | 66979 |
| fee for a license or certificate of registration shall not be less | 66980 |
| than the initial fee for that license or certificate. The fees | 66981 |
| charged for licensure and registration and the renewal of | 66982 |
| licensure and registration may differ for the various types of | 66983 |
| licensure and registration, but shall not exceed one hundred | 66984 |
| twenty-five dollars each, unless the board determines that amounts | 66985 |
| in excess of one hundred twenty-five dollars are needed to cover | 66986 |
| its necessary expenses in administering this chapter and rules | 66987 |
| adopted under it and the amounts in excess of one hundred | 66988 |
| twenty-five dollars are approved by the controlling board. | 66989 |
| (C) All receipts of the board shall be deposited in the state | 66990 |
| treasury to the credit of the occupational licensing and | 66991 |
| regulatory fund. All vouchers of the board shall be approved by | 66992 |
| the chairperson or executive director of the board, or both, as | 66993 |
| authorized by the board. | 66994 |
| Sec. 4757.36. (A) The appropriate professional standards | 66995 |
| 66996 | |
| and family therapist board may, in accordance with Chapter 119. of | 66997 |
|
the Revised
Code, | 66998 |
| 66999 | |
| 67000 | |
| 67001 | |
| 67002 | |
| 67003 | |
| 67004 | |
| 67005 | |
| 67006 | |
| any action specified in division (B) of this section against an | 67007 |
| individual who has applied for or holds a license to practice as a | 67008 |
| professional clinical counselor, professional counselor, | 67009 |
| independent marriage and family therapist, marriage and family | 67010 |
| therapist, social worker, or independent social worker, or a | 67011 |
| certificate of registration to practice as a social work | 67012 |
| assistant, for any reason described in division (C) of this | 67013 |
| section. | 67014 |
| (B) In its imposition of sanctions against an individual, the | 67015 |
| board may do any of the following: | 67016 |
| (1) Refuse to issue or refuse to renew a license or | 67017 |
| certificate of registration; | 67018 |
| (2) Suspend, revoke, or otherwise restrict a license or | 67019 |
| certificate of registration; | 67020 |
| (3) Reprimand an individual holding a license or certificate | 67021 |
| of registration; | 67022 |
| (4) Impose a fine in accordance with the graduated system of | 67023 |
| fines established by the board in rules adopted under section | 67024 |
| 4757.10 of the Revised Code. | 67025 |
| (C) The appropriate professional standards committee of the | 67026 |
| board may take an action specified in division (B) of this section | 67027 |
| for any of the following reasons: | 67028 |
| (1) | 67029 |
| violates any provision of this chapter or rules adopted under it; | 67030 |
| (2) Knowingly | 67031 |
| for licensure or registration, or for renewal of a license or | 67032 |
| certificate of registration; | 67033 |
| (3) | 67034 |
| persons to any professionals licensed, certified, or registered by | 67035 |
| any court or board, commission, department, division, or other | 67036 |
| agency of the state, including, but not limited to, individuals | 67037 |
| practicing counseling, social work, or marriage and family therapy | 67038 |
| or practicing in fields related to counseling, social work, or | 67039 |
| marriage and family therapy; | 67040 |
| (4) | 67041 |
| Revised Code; | 67042 |
| (5) | 67043 |
|
of | 67044 |
| (6) | 67045 |
| professional clinical counselor, professional counselor, | 67046 |
| independent marriage and family therapist, marriage and family | 67047 |
| therapist, social work assistant, social worker, or independent | 67048 |
|
social worker | 67049 |
| any other physical or mental condition; | 67050 |
| (7) | 67051 |
| state of a misdemeanor committed in the course of practice as a | 67052 |
| professional clinical counselor, professional counselor, | 67053 |
| independent marriage and family therapist, marriage and family | 67054 |
| therapist, social work assistant, social worker, or independent | 67055 |
| social worker; | 67056 |
| (8) | 67057 |
| applicable to that person; | 67058 |
| (9) | 67059 |
| of the supervision requirements specified under sections 4757.21 | 67060 |
| and 4757.26, and division (F) of section 4757.30, of the Revised | 67061 |
| Code; | 67062 |
| (10) | 67063 |
| practice adopted by rule of the board pursuant to section 4757.11 | 67064 |
| of the Revised Code; | 67065 |
| (11) | 67066 |
|
of registration | 67067 |
| the voluntary surrender of a license or certificate of | 67068 |
| registration in another state or jurisdiction for an offense that | 67069 |
| would be a violation of this chapter. | 67070 |
| | 67071 |
| revocation of a license or certificate of registration under this | 67072 |
| section, application may be made to the appropriate professional | 67073 |
| standards committee for reinstatement. The committee may accept or | 67074 |
| refuse an application for reinstatement. If a license has been | 67075 |
| suspended or revoked, the committee may require an examination for | 67076 |
| reinstatement. | 67077 |
| (E) On request of the board, the attorney general shall bring | 67078 |
| and prosecute to judgment a civil action to collect any fine | 67079 |
| imposed under division (B)(4) of this section that remains unpaid. | 67080 |
| (F) All fines collected under division (B)(4) of this section | 67081 |
| shall be deposited into the state treasury to the credit of the | 67082 |
| occupational licensing and regulatory fund. | 67083 |
| Sec. 4763.01. As used in this chapter: | 67084 |
| (A) "Real estate appraisal" or "appraisal" means an analysis, | 67085 |
| opinion, or conclusion relating to the nature, quality, value, or | 67086 |
| utility of specified interests in, or aspects of identified real | 67087 |
| estate that is classified as either a valuation or an analysis. | 67088 |
| (B) "Valuation" means an estimate of the value of real | 67089 |
| estate. | 67090 |
| (C) "Analysis" means a study of real estate for purposes | 67091 |
| other than valuation. | 67092 |
| (D) "Appraisal report" means a written communication of a | 67093 |
| real estate appraisal, appraisal review, or appraisal consulting | 67094 |
| service or an oral communication of a real estate appraisal | 67095 |
| 67096 | |
| that is documented by a writing that supports the oral | 67097 |
| communication. | 67098 |
| (E) "Appraisal assignment" means an engagement for which a | 67099 |
|
person licensed or certified under this chapter is employed | 67100 |
| retained, or engaged to act, or would be perceived by third | 67101 |
| parties or the public as acting, as a disinterested third party in | 67102 |
| rendering an unbiased real estate appraisal. | 67103 |
| (F) "Specialized services" means all appraisal services, | 67104 |
| other than appraisal assignments, including, but not limited to, | 67105 |
| valuation and analysis given in connection with activities such as | 67106 |
| real estate brokerage, mortgage banking, real estate counseling, | 67107 |
| and real estate tax counseling, and specialized marketing, | 67108 |
| financing, and feasibility studies. | 67109 |
| (G) "Real estate" has the same meaning as in section 4735.01 | 67110 |
| of the Revised Code. | 67111 |
| (H) "Appraisal foundation" means a nonprofit corporation | 67112 |
| incorporated under the laws of the state of Illinois on November | 67113 |
| 30, 1987, for the purposes of establishing and improving uniform | 67114 |
| appraisal standards by defining, issuing, and promoting those | 67115 |
| standards; establishing appropriate criteria for the certification | 67116 |
| and recertification of qualified appraisers by defining, issuing, | 67117 |
| and promoting the qualification criteria and disseminating the | 67118 |
| qualification criteria to others; and developing or assisting in | 67119 |
| development of appropriate examinations for qualified appraisers. | 67120 |
| (I) "Prepare" means to develop and communicate, whether | 67121 |
| through a personal physical inspection or through the act or | 67122 |
| process of critically studying a report prepared by another who | 67123 |
| made the physical inspection, an appraisal, analysis, or opinion, | 67124 |
| or specialized service and to report the results. If the person | 67125 |
| who develops and communicates the appraisal or specialized service | 67126 |
| does not make the personal inspection, the name of the person who | 67127 |
| does make the personal inspection shall be identified on the | 67128 |
| appraisal or specialized service reported. | 67129 |
| (J) "Report" means any communication, written, oral, or by | 67130 |
| any other means of transmission of information, of a real estate | 67131 |
| appraisal, appraisal review, appraisal consulting service, or | 67132 |
| specialized service that is transmitted to a client or employer | 67133 |
| upon completion of the appraisal or service. | 67134 |
| (K) "State-certified general real estate appraiser" means any | 67135 |
| person who satisfies the certification requirements of this | 67136 |
| chapter relating to the appraisal of all types of real property | 67137 |
| and who holds a current and valid certificate or renewal | 67138 |
| certificate issued to the person pursuant to this chapter. | 67139 |
| (L) "State-certified residential real estate appraiser" means | 67140 |
| any person who satisfies the certification requirements only | 67141 |
| relating to the appraisal of one to four units of single-family | 67142 |
| residential real estate without regard to transaction value or | 67143 |
| complexity and who holds a current and valid certificate or | 67144 |
| renewal certificate issued to the person pursuant to this chapter. | 67145 |
| (M) "State-licensed residential real estate appraiser" means | 67146 |
| any person who satisfies the licensure requirements of this | 67147 |
| chapter relating to the appraisal of noncomplex one-to-four unit | 67148 |
| single-family residential real estate having a transaction value | 67149 |
| of less than one million dollars and complex one-to-four unit | 67150 |
| single-family residential real estate having a transaction value | 67151 |
| of less than two hundred fifty thousand dollars and who holds a | 67152 |
| current and valid license or renewal license issued to the person | 67153 |
| pursuant to this chapter. | 67154 |
| (N) "Certified or licensed real estate appraisal" means an | 67155 |
| appraisal prepared and reported by a certificate holder or | 67156 |
| licensee under this chapter acting within the scope of | 67157 |
| certification or licensure and as a disinterested third party. | 67158 |
| (O) "State-registered real estate appraiser assistant" means | 67159 |
| any person, other than a state-certified general real estate | 67160 |
| appraiser, state-certified residential real estate appraiser, or a | 67161 |
| state-licensed residential real estate appraiser, who satisfies | 67162 |
| the registration requirements of this chapter for participating in | 67163 |
| the development and preparation of real estate appraisals and who | 67164 |
| holds a current and valid registration or renewal registration | 67165 |
| issued to the person pursuant to this chapter. | 67166 |
| (P) "Institution of higher education" means a state | 67167 |
| university or college, a private college or university located in | 67168 |
| this state that possesses a certificate of authorization issued by | 67169 |
| the Ohio board of regents pursuant to Chapter 1713. of the Revised | 67170 |
| Code, or an accredited college or university located outside this | 67171 |
| state that is accredited by an accrediting organization or | 67172 |
| professional accrediting association recognized by the Ohio board | 67173 |
| of regents. | 67174 |
| (Q) "Division of real estate" may be used interchangeably | 67175 |
| with, and for all purposes has the same meaning as, "division of | 67176 |
| real estate and professional licensing." | 67177 |
| (R) "Superintendent" or "superintendent of real estate" means | 67178 |
| the superintendent of the division of real estate and professional | 67179 |
| licensing of this state. Whenever the division or superintendent | 67180 |
| of real estate is referred to or designated in any statute, rule, | 67181 |
| contract, or other document, the reference or designation shall be | 67182 |
| deemed to refer to the division or superintendent of real estate | 67183 |
| and professional licensing, as the case may be. | 67184 |
| (S) "Appraisal review" means the act or process of developing | 67185 |
| and communicating an opinion about the quality of another | 67186 |
| appraiser's work that was performed as part of an appraisal, | 67187 |
| appraisal review, or appraisal consulting assignment. | 67188 |
| (T) "Appraisal consulting" means the act or process of | 67189 |
| developing an analysis, recommendation, or opinion to solve a | 67190 |
| problem related to real estate. | 67191 |
| (U) "Work file" means documentation used during the | 67192 |
| preparation of an appraisal report or necessary to support an | 67193 |
| appraiser's analyses, opinions, or conclusions. | 67194 |
| Sec. 4763.03. (A) In addition to any other duties imposed on | 67195 |
| the real estate appraiser board under this chapter, the board | 67196 |
| shall: | 67197 |
| (1) Adopt rules, in accordance with Chapter 119. of the | 67198 |
| Revised Code, in furtherance of this chapter, including, but not | 67199 |
| limited to, all of the following: | 67200 |
| (a) Defining, with respect to state-certified general real | 67201 |
| estate appraisers, state-certified residential real estate | 67202 |
| appraisers, and state-licensed residential real estate appraisers, | 67203 |
| the type of educational experience, appraisal experience, and | 67204 |
| other equivalent experience that satisfy the requirements of this | 67205 |
| chapter. The rules shall require that all appraisal experience | 67206 |
| performed after January 1, 1996, meet the uniform standards of | 67207 |
| professional practice established by the appraisal foundation. | 67208 |
| (b) Establishing the examination specifications for | 67209 |
| state-certified general real estate appraisers, state-certified | 67210 |
| residential real estate appraisers, and state-licensed residential | 67211 |
| real estate appraisers; | 67212 |
| (c) Relating to disciplinary proceedings conducted in | 67213 |
| accordance with section 4763.11 of the Revised Code, including | 67214 |
| rules governing the reinstatement of certificates, registrations, | 67215 |
| and licenses that have been suspended pursuant to those | 67216 |
| proceedings; | 67217 |
| (d) Identifying any additional information to be included on | 67218 |
| the forms specified in division (C) of section 4763.12 of the | 67219 |
| Revised Code, provided that the rules shall not require any less | 67220 |
| information than is required in that division; | 67221 |
| (e) Establishing the fees set forth in section 4763.09 of the | 67222 |
| Revised Code; | 67223 |
| (f) Establishing the amount of the assessment required by | 67224 |
| division (A)(2) of section 4763.05 of the Revised Code. The board | 67225 |
| annually shall determine the amount due from each applicant for an | 67226 |
| initial certificate, registration, and license in an amount that | 67227 |
| will maintain the real estate appraiser recovery fund at the level | 67228 |
| specified in division (A) of section 4763.16 of the Revised Code. | 67229 |
| The board may, if the fund falls below that amount, require | 67230 |
| current certificate holders, registrants, and licensees to pay an | 67231 |
| additional assessment. | 67232 |
| (g) Defining the educational requirements pursuant to | 67233 |
| division (C) of section 4763.05 of the Revised Code; | 67234 |
| (h) Establishing a real estate appraiser assistant program | 67235 |
| for the registration of real estate appraiser assistants. | 67236 |
| (2) Prescribe by rule the requirements for the examinations | 67237 |
| required by division (D) of section 4763.05 of the Revised Code; | 67238 |
| (3) Periodically review the standards for | 67239 |
| 67240 | |
| of appraisal reports provided in this chapter and adopt rules | 67241 |
| explaining and interpreting those standards; | 67242 |
| (4) Hear appeals, pursuant to Chapter 119. of the Revised | 67243 |
| Code, from decisions and orders the superintendent of real estate | 67244 |
| issues pursuant to this chapter; | 67245 |
| (5) Request the initiation by the superintendent of | 67246 |
| investigations of violations of this chapter or the rules adopted | 67247 |
| pursuant thereto, as the board determines appropriate; | 67248 |
| (6) Determine the appropriate disciplinary actions to be | 67249 |
| taken against certificate holders, registrants, and licensees | 67250 |
| under this chapter as provided in section 4763.11 of the Revised | 67251 |
| Code. | 67252 |
| (B) In addition to any other duties imposed on the | 67253 |
| superintendent of real estate under this chapter, the | 67254 |
| superintendent shall: | 67255 |
| (1) Prescribe the form and content of all applications | 67256 |
| required by this chapter; | 67257 |
| (2) Receive applications for certifications, registrations, | 67258 |
| and licenses and renewal thereof under this chapter and establish | 67259 |
| the procedures for processing, approving, and disapproving those | 67260 |
| applications; | 67261 |
| (3) Retain records and all application materials submitted to | 67262 |
| the superintendent; | 67263 |
| (4) Establish the time and place for conducting the | 67264 |
| examinations required by division (D) of section 4763.05 of the | 67265 |
| Revised Code; | 67266 |
| (5) Issue certificates, registrations, and licenses and | 67267 |
| maintain a register of the names and addresses of all persons | 67268 |
| issued a certificate, registration, or license under this chapter; | 67269 |
| (6) Perform any other functions and duties, including the | 67270 |
| employment of staff, necessary to administer this chapter; | 67271 |
| (7) Administer this chapter; | 67272 |
| (8) Issue all orders necessary to implement this chapter; | 67273 |
| (9) Investigate complaints, upon the superintendent's own | 67274 |
| motion or upon receipt of a complaint or upon a request of the | 67275 |
| board, concerning any violation of this chapter or the rules | 67276 |
| adopted pursuant thereto or the conduct of any person holding a | 67277 |
| certificate, registration, or license issued pursuant to this | 67278 |
| chapter; | 67279 |
| (10) Establish and maintain an investigation and audit | 67280 |
| section to investigate complaints and conduct inspections, audits, | 67281 |
| and other inquiries as in the judgment of the superintendent are | 67282 |
| appropriate to enforce this chapter. The investigators and | 67283 |
| auditors have the right to review and audit the business records | 67284 |
| of certificate holders, registrants, and licensees during normal | 67285 |
| business hours. The superintendent may utilize the investigators | 67286 |
| and auditors employed pursuant to division (B)(4) of section | 67287 |
| 4735.05 of the Revised Code or currently licensed certificate | 67288 |
| holders or licensees to assist in performing the duties of this | 67289 |
| division. | 67290 |
| (11) Appoint a referee or examiner for any proceeding | 67291 |
|
involving the | 67292 |
| 67293 | |
| action of a certificate holder, licensee, or registrant under | 67294 |
| section 4763.11 of the Revised Code; | 67295 |
| (12) Administer the real estate appraiser recovery fund; | 67296 |
| (13) Conduct the examinations required by division (D) of | 67297 |
| section 4763.05 of the Revised Code at least four times per year. | 67298 |
| (C) The superintendent may do all of the following: | 67299 |
| (1) In connection with investigations and audits under | 67300 |
| division (B) of this section, subpoena witnesses as provided in | 67301 |
| section 4763.04 of the Revised Code; | 67302 |
| (2) Apply to the appropriate court to enjoin any violation of | 67303 |
| this chapter. Upon a showing by the superintendent that any person | 67304 |
| has violated or is about to violate this chapter, the court shall | 67305 |
| grant an injunction, restraining order, or other appropriate | 67306 |
| relief, or any combination thereof. | 67307 |
| (D) All information that is obtained by investigators and | 67308 |
| auditors performing investigations or conducting inspections, | 67309 |
| audits, and other inquiries pursuant to division (B)(10) of this | 67310 |
| section, from certificate holders, registrants, licensees, | 67311 |
| complainants, or other persons, and all reports, documents, and | 67312 |
| other work products that arise from that information and that are | 67313 |
| prepared by the investigators, auditors, or other personnel of the | 67314 |
| department of commerce, shall be held in confidence by the | 67315 |
| superintendent, the investigators and auditors, and other | 67316 |
| personnel of the department. | 67317 |
| (E) This section does not prevent the division of real estate | 67318 |
| and professional licensing from releasing information relating to | 67319 |
| certificate holders, registrants, and licensees to the | 67320 |
| superintendent of financial institutions for purposes relating to | 67321 |
| the administration of sections 1322.01 to 1322.12 of the Revised | 67322 |
| Code, to the superintendent of insurance for purposes relating to | 67323 |
| the administration of Chapter 3953. of the Revised Code, to the | 67324 |
| attorney general, or to local law enforcement agencies and local | 67325 |
| prosecutors. Information released by the division pursuant to this | 67326 |
| section remains confidential. | 67327 |
| (F) Any rule the board adopts shall not exceed the | 67328 |
| requirements specified in federal law or regulations. | 67329 |
| Sec. 4763.04. The real estate appraiser board or the | 67330 |
|
superintendent | 67331 |
| the attendance of witnesses to testify in relation to any matter | 67332 |
| over which the board or the superintendent has jurisdiction and | 67333 |
| which is the subject of the inquiry and investigation by the board | 67334 |
| or superintendent, and require the production of any book, paper, | 67335 |
| or document pertaining to such matter. For such purpose, the board | 67336 |
| or the superintendent has the same power as judges of county | 67337 |
| courts to administer oaths, compel the attendance of witnesses, | 67338 |
|
and punish witnesses for refusal to testify. | 67339 |
| of the subpoena may be made by constables or by certified mail, | 67340 |
| return receipt requested, and the subpoena shall be deemed served | 67341 |
| on the date delivery is made or the date the person refuses to | 67342 |
|
accept delivery. Sheriffs or constables shall | 67343 |
| such process and shall receive the same fees for doing so as are | 67344 |
| allowed for like service if service of the subpoena is made by | 67345 |
| sheriffs or constables. Witnesses shall receive, after their | 67346 |
| appearance before the board or the superintendent, the fees and | 67347 |
| mileage provided for under section 119.094 of the Revised Code. | 67348 |
| If two or more witnesses travel together in the same vehicle, | 67349 |
| the mileage fee shall be paid to only one of those witnesses, | 67350 |
| but the witnesses may agree to divide the fee among themselves | 67351 |
| in any manner. | 67352 |
| In addition to the powers and duties granted to the board and | 67353 |
| the superintendent under this section, in case any person fails to | 67354 |
| file any statement or report, obey any subpoena, give testimony, | 67355 |
| answer questions, or produce books, records, or papers as required | 67356 |
| by the board or the superintendent under this chapter, the court | 67357 |
| of common pleas of any county in the state, upon application made | 67358 |
| to it by the board or the superintendent setting forth the | 67359 |
| failure, may make an order awarding process of subpoena or | 67360 |
| subpoena duces tecum for the person to appear and testify before | 67361 |
| the board or the superintendent, and may order any person to give | 67362 |
| testimony and answer questions, and to produce books, records, or | 67363 |
| papers, as required by the board or the superintendent. Upon the | 67364 |
| filing of such order in the office of the clerk of the court of | 67365 |
| common pleas, the clerk, under the seal of the court, shall issue | 67366 |
| process or subpoena, and each day thereafter until the examination | 67367 |
| of the person is completed. The subpoena may contain a direction | 67368 |
| that the witness bring with the witness to the examination any | 67369 |
| books, records, or papers mentioned in the subpoena. The clerk | 67370 |
| also shall issue, under the seal of the court, such other orders, | 67371 |
| in reference to the examination, appearance, and production of | 67372 |
| books, records, or papers, as the court directs. If any person | 67373 |
| summoned by subpoena fails to obey the subpoena, to give | 67374 |
| testimony, to answer questions as required, or to obey an order of | 67375 |
| the court, the court, on motion supported by proof, may order an | 67376 |
| attachment for contempt to be issued against the person charged | 67377 |
| with disobedience of any order or injunction issued by the court | 67378 |
| under this chapter. If the person is brought before the court by | 67379 |
| virtue of the attachment, and if upon a hearing the disobedience | 67380 |
| appears, the court may order the offender to be committed and kept | 67381 |
| in close custody. | 67382 |
| Sec. 4763.05. (A)(1)(a) A person shall make application for | 67383 |
| an initial state-certified general real estate appraiser | 67384 |
| certificate, an initial state-certified residential real estate | 67385 |
| appraiser certificate, an initial state-licensed residential real | 67386 |
| estate appraiser license, or an initial state-registered real | 67387 |
| estate appraiser assistant registration in writing to the | 67388 |
| superintendent of real estate on a form the superintendent | 67389 |
| prescribes. The application shall include the address of the | 67390 |
| applicant's principal place of business and all other addresses at | 67391 |
| which the applicant currently engages in the business of preparing | 67392 |
| real estate appraisals and the address of the applicant's current | 67393 |
| residence. The superintendent shall retain the applicant's current | 67394 |
| residence address in a separate record which shall not constitute | 67395 |
| a public record for purposes of section 149.03 of the Revised | 67396 |
| Code. The application shall indicate whether the applicant seeks | 67397 |
| certification as a general real estate appraiser or as a | 67398 |
| residential real estate appraiser, licensure as a residential real | 67399 |
| estate appraiser, or registration as a real estate appraiser | 67400 |
| assistant and be accompanied by the prescribed examination and | 67401 |
| certification, registration, or licensure fees set forth in | 67402 |
| section 4763.09 of the Revised Code. The application also shall | 67403 |
|
include | 67404 |
| applicant, that the applicant will comply with the standards set | 67405 |
| forth in this chapter; and a statement that the applicant | 67406 |
| understands the types of misconduct for which disciplinary | 67407 |
| proceedings may be initiated against the applicant pursuant to | 67408 |
| this chapter. | 67409 |
| (b) Upon the filing of an application and payment of any | 67410 |
| examination and certification, registration, or licensure fees, | 67411 |
| the superintendent of real estate shall request the superintendent | 67412 |
| of the bureau of criminal identification and investigation, or a | 67413 |
| vendor approved by the bureau, to conduct a criminal records check | 67414 |
| based on the applicant's fingerprints in accordance with division | 67415 |
| (A)(11) of section 109.572 of the Revised Code. Notwithstanding | 67416 |
| division (K) of section 121.08 of the Revised Code, the | 67417 |
| superintendent of real estate shall request that criminal record | 67418 |
| information from the federal bureau of investigation be obtained | 67419 |
| as part of the criminal records check. Any fee required under | 67420 |
| division (C)(3) of section 109.572 of the Revised Code shall be | 67421 |
| paid by the applicant. | 67422 |
| (2) For purposes of providing funding for the real estate | 67423 |
| appraiser recovery fund established by section 4763.16 of the | 67424 |
| Revised Code, the real estate appraiser board shall levy an | 67425 |
| assessment against each person issued an initial certificate, | 67426 |
| registration, or license and against current licensees, | 67427 |
| registrants, and certificate holders, as required by board rule. | 67428 |
| The assessment is in addition to the application and examination | 67429 |
| fees for initial applicants required by division (A)(1) of this | 67430 |
| section and the renewal fees required for current certificate | 67431 |
| holders, registrants, and licensees. The superintendent of real | 67432 |
| estate shall deposit the assessment into the state treasury to the | 67433 |
| credit of the real estate appraiser recovery fund. The assessment | 67434 |
| for initial certificate holders, registrants, and licensees shall | 67435 |
| be paid prior to the issuance of a certificate, registration, or | 67436 |
| license, and for current certificate holders, registrants, and | 67437 |
| licensees, at the time of renewal. | 67438 |
| (B) An applicant for an initial general real estate appraiser | 67439 |
| certificate, residential real estate appraiser certificate, or | 67440 |
| residential real estate appraiser license shall possess | 67441 |
| experience in real estate appraisal as the board prescribes by | 67442 |
| rule. In addition to any other information required by the board, | 67443 |
| the applicant shall furnish, under oath, a detailed listing of the | 67444 |
| appraisal reports or file memoranda for each year for which | 67445 |
| experience is claimed and, upon request of the superintendent or | 67446 |
| the board, shall make available for examination a sample of the | 67447 |
| appraisal reports prepared by the applicant in the course of the | 67448 |
| applicant's practice. | 67449 |
| (C) An applicant for an initial certificate, registration, or | 67450 |
| license shall be at least eighteen years of age, honest, truthful, | 67451 |
| and of good reputation and shall present satisfactory evidence to | 67452 |
| the superintendent that the applicant has successfully completed | 67453 |
| any education requirements the board prescribes by rule. | 67454 |
| (D) An applicant for an initial general real estate appraiser | 67455 |
| or residential real estate appraiser certificate or residential | 67456 |
| real estate appraiser license shall take and successfully complete | 67457 |
| a written examination in order to qualify for the certificate or | 67458 |
| license. | 67459 |
| The board shall prescribe the examination requirements by | 67460 |
| rule. | 67461 |
| (E)(1) A nonresident, natural person of this state who has | 67462 |
| complied with this section may obtain a certificate, registration, | 67463 |
| or license. The board shall adopt rules relating to the | 67464 |
| certification, registration, and licensure of a nonresident | 67465 |
| applicant whose state of residence the board determines to have | 67466 |
| certification, registration, or licensure requirements that are | 67467 |
| substantially similar to those set forth in this chapter and the | 67468 |
| rules adopted thereunder. | 67469 |
| (2) The board shall recognize on a temporary basis a | 67470 |
| certification or license issued in another state and shall | 67471 |
| register on a temporary basis an appraiser who is certified or | 67472 |
| licensed in another state if all of the following apply: | 67473 |
| (a) The temporary registration is to perform an appraisal | 67474 |
| assignment that is part of a federally related transaction. | 67475 |
| (b) The appraiser's business in this state is of a temporary | 67476 |
| nature. | 67477 |
| (c) The appraiser registers with the board pursuant to this | 67478 |
| division. | 67479 |
| An appraiser who is certified or licensed in another state | 67480 |
| shall register with the board for temporary practice before | 67481 |
| performing an appraisal assignment in this state in connection | 67482 |
| with a federally related transaction. | 67483 |
| The board shall adopt rules relating to registration for the | 67484 |
| temporary recognition of certification and licensure of appraisers | 67485 |
| from another state. The registration for temporary recognition of | 67486 |
| certified or licensed appraisers from another state shall not | 67487 |
| authorize completion of more than one appraisal assignment in this | 67488 |
| state. The board shall not issue more than two registrations for | 67489 |
| temporary practice to any one applicant in any calendar year. | 67490 |
| (3) In addition to any other information required to be | 67491 |
| submitted with the nonresident applicant's or appraiser's | 67492 |
| application for a certificate, registration, license, or temporary | 67493 |
| recognition of a certificate or license, each nonresident | 67494 |
| applicant or appraiser shall submit a statement consenting to the | 67495 |
| service of process upon the nonresident applicant or appraiser by | 67496 |
| means of delivering that process to the secretary of state if, in | 67497 |
| an action against the applicant, certificate holder, registrant, | 67498 |
| or licensee arising from the applicant's, certificate holder's, | 67499 |
| registrant's, or licensee's activities as a certificate holder, | 67500 |
| registrant, or licensee, the plaintiff, in the exercise of due | 67501 |
| diligence, cannot effect personal service upon the applicant, | 67502 |
| certificate holder, registrant, or licensee. | 67503 |
| (F) The superintendent shall not issue a certificate, | 67504 |
| registration, or license to, or recognize on a temporary basis an | 67505 |
| appraiser from another state that is a corporation, partnership, | 67506 |
| or association. This prohibition shall not be construed to prevent | 67507 |
| a certificate holder or licensee from signing an appraisal report | 67508 |
| on behalf of a corporation, partnership, or association. | 67509 |
| (G) Every person licensed, registered, or certified under | 67510 |
| this chapter shall notify the superintendent, on a form provided | 67511 |
| by the superintendent, of a change in the address of the | 67512 |
| licensee's, registrant's, or certificate holder's principal place | 67513 |
| of business or residence within thirty days of the change. If a | 67514 |
| licensee's, registrant's, or certificate holder's license, | 67515 |
| registration, or certificate is revoked or not renewed, the | 67516 |
| licensee, registrant, or certificate holder immediately shall | 67517 |
| return the annual and any renewal certificate, registration, or | 67518 |
| license to the superintendent. | 67519 |
| (H)(1) The superintendent shall not issue a certificate, | 67520 |
| registration, or license to any person, or recognize on a | 67521 |
| temporary basis an appraiser from another state, who does not meet | 67522 |
| applicable minimum criteria for state certification, registration, | 67523 |
| or licensure prescribed by federal law or rule. | 67524 |
| (2) The superintendent shall not issue a general real estate | 67525 |
| appraiser certificate, residential real estate appraiser | 67526 |
| certificate, residential real estate appraiser license, or real | 67527 |
| estate appraiser assistant registration to any person who has been | 67528 |
| convicted of or pleaded guilty to any criminal offense involving | 67529 |
| theft, receiving stolen property, embezzlement, forgery, fraud, | 67530 |
| passing bad checks, money laundering, or drug trafficking, or any | 67531 |
| criminal offense involving money or securities, including a | 67532 |
| violation of an existing or former law of this state, any other | 67533 |
| state, or the United States that substantially is equivalent to | 67534 |
| such an offense. However, if the applicant has pleaded guilty to | 67535 |
| or been convicted of such an offense, the superintendent shall not | 67536 |
| consider the offense if the applicant has proven to the | 67537 |
| superintendent, by a preponderance of the evidence, that the | 67538 |
| applicant's activities and employment record since the conviction | 67539 |
| show that the applicant is honest, truthful, and of good | 67540 |
| reputation, and there is no basis in fact for believing that the | 67541 |
| applicant will commit such an offense again. | 67542 |
| Sec. 4763.06. (A) A person licensed, registered, or | 67543 |
| certified under this chapter may obtain a renewal certificate, | 67544 |
| registration, or license by filing a renewal application with and | 67545 |
| paying the renewal fee set forth in section 4763.09 of the Revised | 67546 |
| Code and any amount assessed pursuant to division (A)(2) of | 67547 |
| section 4763.05 of the Revised Code to the superintendent of real | 67548 |
| estate. The renewal application shall include a statement, signed | 67549 |
| by the certificate holder, registrant, or licensee, that the | 67550 |
| certificate holder, registrant, or licensee has not, during the | 67551 |
| immediately preceding twelve-month period, been convicted of or | 67552 |
| pleaded guilty to any criminal offense described in division | 67553 |
| (H)(2) of section 4763.05 of the Revised Code. The certificate | 67554 |
| holder, registrant, or licensee shall file the renewal application | 67555 |
| at least thirty days, but no earlier than one hundred twenty days, | 67556 |
| prior to expiration of the certificate holder's, registrant's, or | 67557 |
| licensee's current certificate, registration, or license. | 67558 |
| (B) A certificate holder, registrant, or licensee who fails | 67559 |
| to renew a certificate, registration, or license prior to its | 67560 |
| expiration is ineligible to obtain a renewal certificate, | 67561 |
| registration, or license and shall comply with section 4763.05 of | 67562 |
| the Revised Code in order to regain certification or licensure, | 67563 |
| except that a certificate holder, registrant, or licensee may, | 67564 |
|
within | 67565 |
| holder's, registrant's, or licensee's certificate, registration, | 67566 |
| or license, renew the certificate, registration, or license | 67567 |
| without having to comply with section 4763.05 of the Revised Code | 67568 |
| by payment of all fees for renewal and payment of the late filing | 67569 |
| fee set forth in section 4763.09 of the Revised Code. A | 67570 |
| certificate holder, registrant, or licensee who applies for late | 67571 |
| renewal of the certificate holder's, registrant's, or licensee's | 67572 |
|
certificate, registration, or license may not engage in | 67573 |
| activities permitted by the certification, registration, or | 67574 |
|
license being
renewed | 67575 |
| period following the certificate's, registration's, or license's | 67576 |
| normal expiration date until all renewal fees and the late filing | 67577 |
| fee have been paid. | 67578 |
| Sec. 4763.07. (A) Every state-certified general real estate | 67579 |
|
appraiser, state-certified residential real estate
appraiser | 67580 |
|
state-licensed residential real estate
appraiser | 67581 |
| 67582 | |
| proof of successfully completing a minimum of fourteen classroom | 67583 |
| hours of continuing education instruction in courses or seminars | 67584 |
| approved by the real estate appraiser board. The certificate | 67585 |
| holder and licensee shall have satisfied the fourteen-hour | 67586 |
| continuing education requirements within the one-year period | 67587 |
| immediately following the issuance of the initial certificate or | 67588 |
| license and shall satisfy those requirements annually thereafter. | 67589 |
| A state-registered real estate appraiser assistant who remains in | 67590 |
| this classification for more than two years shall satisfy in the | 67591 |
| third and successive years this section's requirements. If the | 67592 |
|
certificate holder | 67593 |
| proof to the superintendent of meeting these requirements, the | 67594 |
|
certificate
holder's, registrant's, or licensee's certificate | 67595 |
| license, or registration automatically is suspended. The | 67596 |
|
superintendent shall
notify the certificate holder | 67597 |
|
or registrant of the suspension and
if the certificate holder | 67598 |
| licensee, or registrant fails to submit proof to the | 67599 |
| superintendent of meeting those requirements within three months | 67600 |
| from the date of suspension, the superintendent shall revoke the | 67601 |
|
certificate | 67602 |
| 67603 | |
| registration has been revoked under this division desires to be | 67604 |
|
certified | 67605 |
|
certificate holder | 67606 |
|
initial
certificate | 67607 |
| all of the requirements of section 4763.05 of the Revised Code for | 67608 |
|
the issuance of a certificate | 67609 |
| A certificate
holder | 67610 |
| all or a portion of the required hours of classroom instruction in | 67611 |
| the following manner: | 67612 |
| (1) Completion of an educational program of study determined | 67613 |
| by the board to be equivalent, for continuing education purposes, | 67614 |
| to courses or seminars approved by the board; | 67615 |
| (2) Participation, other than as a student, in educational | 67616 |
| processes or programs approved by the board that relate to real | 67617 |
| estate appraisal theory, practices, or techniques. | 67618 |
| A certificate holder and a licensee shall present to the | 67619 |
| superintendent of real estate evidence of the manner in which the | 67620 |
| certificate holder and licensee satisfied the requirements of | 67621 |
| division (A) of this section. | 67622 |
| (B) The board shall adopt rules for implementing a continuing | 67623 |
| education program for state-certified general real estate | 67624 |
| appraisers, state-certified residential real estate appraisers, | 67625 |
| state-licensed residential real estate appraisers, and | 67626 |
| state-registered real estate appraiser assistants for the purpose | 67627 |
|
of assuring that certificate holders
| 67628 |
| registrants have current knowledge of real estate appraisal | 67629 |
| theories, practices, and techniques that will provide a high | 67630 |
| degree of service and protection to members of the public. In | 67631 |
| addition to any other provisions the board considers appropriate, | 67632 |
| the rules adopted by the board shall prescribe the following: | 67633 |
| (1) Policies and procedures for obtaining board approval of | 67634 |
| courses of instruction and seminars; | 67635 |
| (2) Standards, policies, and procedures to be applied in | 67636 |
| evaluating the alternative methods of complying with continuing | 67637 |
| education requirements set forth in divisions (A)(1) and (2) of | 67638 |
| this section; | 67639 |
| (3) Standards, monitoring methods, and systems for recording | 67640 |
| attendance to be employed by course sponsors as a prerequisite to | 67641 |
| approval of courses for continuing education credit. | 67642 |
| (C) No amendment or rescission of a rule the board adopts | 67643 |
| pursuant to division (B) of this section shall operate to deprive | 67644 |
| a certificate holder or licensee of credit toward renewal of | 67645 |
| certification or licensure for any course of instruction completed | 67646 |
| by the certificate holder or licensee prior to the effective date | 67647 |
| of the amendment or rescission that would have qualified for | 67648 |
| credit under the rule as it existed prior to amendment or | 67649 |
| rescission. | 67650 |
| (D) The superintendent of real estate shall not issue a | 67651 |
| renewal certificate, registration, or license to any person who | 67652 |
| does not meet applicable minimum criteria for state certification, | 67653 |
| registration, or licensure prescribed by federal law or rule. | 67654 |
| Sec. 4763.09. (A) The real estate appraiser board shall | 67655 |
| adopt rules, in accordance with Chapter 119. of the Revised Code, | 67656 |
| for the establishment of the following fees: | 67657 |
| (1) The examination fee required under division (A) of | 67658 |
| section 4763.05 of the Revised Code, up to a maximum of one | 67659 |
| hundred fifty dollars, which fee shall be nonrefundable; | 67660 |
| (2) The initial state-certified general real estate appraiser | 67661 |
| and state-certified residential real estate appraiser | 67662 |
| certification and state-licensed residential real estate appraiser | 67663 |
| license fees, and the annual renewal thereof, up to a maximum of | 67664 |
|
one hundred
| 67665 |
| (3) The initial real estate appraiser assistant registration | 67666 |
|
fee, and the annual renewal thereof, up to a maximum of | 67667 |
| hundred dollars; | 67668 |
| (4) The late filing fee for renewal of a certification, | 67669 |
| registration, or license, which shall be one-half of the | 67670 |
| certification, registration, and licensure fees established | 67671 |
| pursuant to divisions (A)(2) and (3) of this section; | 67672 |
| (5) The amount to be charged to cover the cost of the | 67673 |
| issuance of a temporary certificate or license under division | 67674 |
| (E)(2) of section 4763.05 of the Revised Code; | 67675 |
| (6) Other reasonable fees as needed, including any annual | 67676 |
| pass-through charges imposed by the federal government. | 67677 |
| (B) An applicant for certification or licensure under this | 67678 |
| chapter shall pay the examination fee directly to a testing | 67679 |
| service if so prescribed and in such amount as the superintendent | 67680 |
| of real estate prescribes. The balance, if any, of the examination | 67681 |
| fee shall accompany the application. | 67682 |
| Sec. 4763.11. (A) Within | 67683 |
|
person files a | 67684 |
| certified, registered, or licensed under this chapter with the | 67685 |
| division of real estate, the superintendent of real estate shall | 67686 |
|
acknowledge
receipt of the complaint | 67687 |
| sending notice to the certificate holder, registrant, or licensee | 67688 |
| 67689 | |
| the complaint. The acknowledgement to the complainant and the | 67690 |
|
notice to the certificate holder, registrant, or licensee | 67691 |
| may state that an informal mediation meeting will be held with the | 67692 |
| complainant, the certificate holder, registrant, or licensee, and | 67693 |
| an investigator from the investigation and audit section of the | 67694 |
| division, if the complainant and certificate holder, registrant, | 67695 |
|
or licensee both
file a
request for such a meeting within | 67696 |
| 67697 | |
| 67698 | |
| mailed. | 67699 |
| (B) If the complainant and certificate holder, registrant, or | 67700 |
| licensee both file with the division requests for an informal | 67701 |
| mediation meeting, the superintendent shall notify the complainant | 67702 |
| and certificate holder, registrant, or licensee of the date of the | 67703 |
|
meeting,
| 67704 |
| 67705 | |
| 67706 | |
| 67707 | |
| certificate holder, registrant, or licensee reach an accommodation | 67708 |
|
at an informal mediation meeting, the investigator shall | 67709 |
| the accommodation to the superintendent | 67710 |
| and the certificate holder, registrant, or licensee and the | 67711 |
|
complaint
file shall be
closed | 67712 |
| 67713 | |
| 67714 | |
| 67715 | |
| notice that the accommodation has been fulfilled. | 67716 |
| (C) If the complainant and certificate holder, registrant, or | 67717 |
| licensee fail to agree to an informal mediation meeting or fail to | 67718 |
|
reach an
accommodation | 67719 |
| 67720 | |
| 67721 | |
| 67722 | |
|
accommodation agreement, the superintendent shall | 67723 |
| 67724 | |
| 67725 | |
| the complaint to an investigator for an investigation into the | 67726 |
| conduct of the certificate holder, registrant, or licensee against | 67727 |
| whom the complaint is filed. | 67728 |
| (D) | 67729 |
| 67730 | |
| 67731 | |
| investigator shall file a written report of the results of the | 67732 |
|
investigation with the superintendent.
| 67733 |
| 67734 | |
| determine whether there exists reasonable and substantial evidence | 67735 |
| of a violation of division (G) of this section by the certificate | 67736 |
| holder, registrant, or licensee. If the superintendent finds such | 67737 |
|
evidence exists, | 67738 |
| the superintendent shall notify the complainant and certificate | 67739 |
| holder, registrant, or licensee of the determination. The | 67740 |
| certificate holder, registrant, or licensee may request a hearing | 67741 |
| pursuant to Chapter 119. of the Revised Code. If a formal hearing | 67742 |
| is conducted, the hearing examiner shall file a report of findings | 67743 |
| of fact and conclusions of law with the superintendent, the board, | 67744 |
| the complainant and the certificate holder, licensee, or | 67745 |
| registrant after the conclusion of the formal hearing. Within ten | 67746 |
| calendar days of receipt of the copy of the hearing examiner's | 67747 |
| finding of fact and conclusions of law, the certificate holder, | 67748 |
| licensee, or registrant or the division may file with the board | 67749 |
| written objections to the hearing examiner's report, which shall | 67750 |
| be considered by the board before approving, modifying, or | 67751 |
| rejecting the hearing examiner's report. If the superintendent | 67752 |
|
finds that such evidence does not exist, | 67753 |
| 67754 | |
| certificate holder, registrant, or licensee of that determination | 67755 |
| and the basis for the determination. Within fifteen business days | 67756 |
| after the superintendent notifies the complainant and certificate | 67757 |
| holder, registrant, or licensee that such evidence does not exist, | 67758 |
| the complainant may file with the division a request that the real | 67759 |
| estate appraiser board review the determination. If the | 67760 |
| complainant files such request, the board shall review the | 67761 |
| determination at the next regularly scheduled meeting held at | 67762 |
| least fifteen business days after the request is filed but no | 67763 |
| longer than six months after the request is filed. The board may | 67764 |
| hear the testimony of the complainant, certificate holder, | 67765 |
| registrant, or licensee at the meeting upon the request of that | 67766 |
| party. If the board affirms the determination of the | 67767 |
| superintendent, the superintendent shall notify the complainant | 67768 |
| and the certificate holder, registrant, or licensee within five | 67769 |
| business days thereafter. If the board reverses the determination | 67770 |
| of the superintendent, a hearing before a hearing examiner shall | 67771 |
| be held and the complainant and certificate holder, registrant, or | 67772 |
| licensee notified as provided in this division. | 67773 |
| (E) The board shall review the referee's or hearing | 67774 |
| examiner's report and the evidence at the next regularly scheduled | 67775 |
| board meeting held at least fifteen business days after receipt of | 67776 |
| the referee's or examiner's report. The board may hear the | 67777 |
| testimony of the complainant, certificate holder, registrant, or | 67778 |
| licensee upon request. If the complainant is the Ohio civil | 67779 |
| rights commission, the board shall review the complaint | 67780 |
| (F) If the board determines that a licensee, registrant, or | 67781 |
| certificate holder has violated this chapter for which | 67782 |
| disciplinary action may be taken under division (G) of this | 67783 |
| section, after review of the referee's or examiner's report and | 67784 |
| the evidence as provided in division (E) of this section, the | 67785 |
| board shall order the disciplinary action the board considers | 67786 |
| appropriate, which may include, but is not limited to, any of the | 67787 |
| following: | 67788 |
| (1) Reprimand of the certificate holder, registrant, or | 67789 |
| licensee; | 67790 |
| (2) Imposition of a fine, not exceeding, two thousand five | 67791 |
| hundred dollars per violation; | 67792 |
| (3) Requirement of the completion of additional education | 67793 |
| courses. Any course work imposed pursuant to this section shall | 67794 |
| not count toward continuing education requirements or prelicense | 67795 |
| or precertification requirements set forth in section 4763.05 of | 67796 |
| the Revised Code. | 67797 |
| (4) Suspension of the certificate, registration, or license | 67798 |
| for a specific period of time; | 67799 |
| | 67800 |
| 67801 | |
| 67802 | |
| 67803 | |
| 67804 | |
| 67805 | |
| 67806 | |
| 67807 |
| | 67808 |
| license. | 67809 |
| The decision and order of the board is final, subject to | 67810 |
| review in the manner provided for in Chapter 119. of the Revised | 67811 |
| Code and appeal to any court of common pleas. | 67812 |
| (G) The board shall take any disciplinary action authorized | 67813 |
| by this section against a certificate holder, registrant, or | 67814 |
| licensee who is found to have committed any of the following acts, | 67815 |
| omissions, or violations during the appraiser's certification, | 67816 |
| registration, or licensure: | 67817 |
| (1) Procuring or attempting to procure a certificate, | 67818 |
| registration, or license pursuant to this chapter by knowingly | 67819 |
| making a false statement, submitting false information, refusing | 67820 |
| to provide complete information in response to a question in an | 67821 |
| application for certification, registration, or licensure, or by | 67822 |
| any means of fraud or misrepresentation; | 67823 |
| (2) Paying, or attempting to pay, anything of value, other | 67824 |
| than the fees or assessments required by this chapter, to any | 67825 |
| member or employee of the board for the purpose of procuring a | 67826 |
| certificate, registration, or license; | 67827 |
| (3) Being convicted in a criminal proceeding for a felony or | 67828 |
| a crime involving moral turpitude; | 67829 |
| (4) Dishonesty, fraud, or misrepresentation, with the intent | 67830 |
| to either benefit the certificate holder, registrant, or licensee | 67831 |
| or another person or injure another person; | 67832 |
| (5) Violation of any of the standards for the development
| 67833 |
|
preparation, communication, or reporting of | 67834 |
| an appraisal report set forth in this chapter and rules of the | 67835 |
| board; | 67836 |
| (6) Failure or refusal to exercise reasonable diligence in | 67837 |
|
developing | 67838 |
|
report | 67839 |
| (7) Negligence or incompetence in developing | 67840 |
|
preparing, communicating, or reporting an appraisal report | 67841 |
| 67842 |
| (8) | 67843 |
| 67844 |
| (9) Accepting an appraisal assignment where the employment is | 67845 |
| contingent upon the appraiser preparing or reporting a | 67846 |
| predetermined estimate, analysis, or opinion, or where the fee to | 67847 |
| be paid for the appraisal is contingent upon the opinion, | 67848 |
| conclusion, or valuation attained or upon the consequences | 67849 |
| resulting from the appraisal assignment; | 67850 |
| (10) Violating the confidential nature of governmental | 67851 |
| records to which the certificate holder, registrant, or licensee | 67852 |
| gained access through employment or engagement as an appraiser by | 67853 |
| a governmental agency; | 67854 |
| (11) Entry of final judgment against the certificate holder, | 67855 |
| registrant, or licensee on the grounds of fraud, deceit, | 67856 |
| misrepresentation, or gross negligence in the making of any | 67857 |
| appraisal of real estate; | 67858 |
| (12) Violating any federal or state civil rights law; | 67859 |
| (13) Having published advertising, whether printed, radio, | 67860 |
| display, or of any other nature, which was misleading or | 67861 |
| inaccurate in any material particular, or in any way having | 67862 |
| misrepresented any appraisal or specialized service; | 67863 |
| (14) Failing to provide copies of records to the | 67864 |
|
superintendent or failing to maintain records | 67865 |
| required by section 4763.14 of the Revised Code. Failure of a | 67866 |
| certificate holder, licensee, or registrant to comply with a | 67867 |
| subpoena issued under division (C)(1) of section 4763.03 of the | 67868 |
| Revised Code is prima-facie evidence of a violation of division | 67869 |
| (G)(14) of section 4763.11 of the Revised Code. | 67870 |
| (15) Failing to provide notice to the board as required in | 67871 |
| division (I) of this section. | 67872 |
| (H) The board immediately shall notify the superintendent of | 67873 |
| real estate of any disciplinary action taken under this section | 67874 |
| against a certificate holder, registrant, or licensee who also is | 67875 |
| licensed under Chapter 4735. of the Revised Code, and also shall | 67876 |
| notify any other federal, state, or local agency and any other | 67877 |
| public or private association that the board determines is | 67878 |
| responsible for licensing or otherwise regulating the professional | 67879 |
| or business activity of the appraiser. Additionally, the board | 67880 |
| shall notify the complainant and any other party who may have | 67881 |
| suffered financial loss because of the certificate holder's, | 67882 |
| registrant's, or licensee's violations, that the complainant or | 67883 |
| other party may sue for recovery under section 4763.16 of the | 67884 |
| Revised Code. The notice provided under this division shall | 67885 |
| specify the conduct for which the certificate holder, registrant, | 67886 |
| or licensee was disciplined and the disciplinary action taken by | 67887 |
| the board and the result of that conduct. | 67888 |
| (I) A certificate holder, registrant, or licensee shall | 67889 |
|
notify
the
board | 67890 |
| 67891 | |
| revoking or permanently surrendering any professional license, | 67892 |
| certificate, or registration by any public entity other than the | 67893 |
| division of real estate. A certificate holder, registrant, or | 67894 |
| licensee who is convicted of a felony or crime of moral turpitude | 67895 |
| as described in division (G)(3) of this section shall notify the | 67896 |
| board of the conviction within fifteen days of the conviction. | 67897 |
| (J) If the board determines that a certificate holder, | 67898 |
| registrant, or licensee has violated this chapter for which | 67899 |
| disciplinary action may be taken under division (G) of this | 67900 |
| section as a result of an investigation conducted by the | 67901 |
| superintendent upon the superintendent's own motion or upon the | 67902 |
| request of the board, the superintendent shall notify the | 67903 |
| certificate holder, registrant, or licensee of the certificate | 67904 |
| holder's, registrant's, or licensee's right to a hearing pursuant | 67905 |
| to Chapter 119. of the Revised Code and to an appeal of a final | 67906 |
| determination of such administrative proceedings to any court of | 67907 |
| common pleas. | 67908 |
| (K) All notices, written reports, and determinations issued | 67909 |
| pursuant to this section shall be mailed via certified mail, | 67910 |
| return receipt requested. If the certified notice is returned | 67911 |
| because of failure of delivery or was unclaimed, the notice, | 67912 |
| written reports, or determinations are deemed served if the | 67913 |
| superintendent sends the notice, written reports, or determination | 67914 |
| via regular mail and obtains a certificate of mailing of the | 67915 |
| notice, written reports, or determination. Refusal of delivery by | 67916 |
| personal service or by mail is not failure of delivery and service | 67917 |
| is deemed to be complete. | 67918 |
| Sec. 4763.13. (A) In engaging in appraisal activities, a | 67919 |
| person certified, registered, or licensed under this chapter shall | 67920 |
| comply with the applicable standards prescribed by the board of | 67921 |
| governors of the federal reserve system, the federal deposit | 67922 |
| insurance corporation, the comptroller of the currency, the office | 67923 |
| of thrift supervision, the national credit union administration, | 67924 |
| and the resolution trust corporation in connection with federally | 67925 |
| related transactions under the jurisdiction of the applicable | 67926 |
| agency or instrumentality. A certificate holder, registrant, and | 67927 |
| licensee also shall comply with the uniform standards of | 67928 |
| professional appraisal practice, as adopted by the appraisal | 67929 |
| standards board of the appraisal foundation and such other | 67930 |
| standards adopted by the real estate appraiser board, to the | 67931 |
| extent that those standards do not conflict with applicable | 67932 |
| federal standards in connection with a particular federally | 67933 |
| related transaction. | 67934 |
| (B) The terms "state-licensed residential real estate | 67935 |
| appraiser," "state-certified residential real estate appraiser," | 67936 |
| "state-certified general real estate appraiser," and | 67937 |
| "state-registered real estate appraiser assistant" shall be used | 67938 |
| to refer only to those persons who have been issued the applicable | 67939 |
| certificate, registration, or license or renewal certificate, | 67940 |
| registration, or license pursuant to this chapter. None of these | 67941 |
| terms shall be used following or in connection with the name or | 67942 |
| signature of a partnership, corporation, or association or in a | 67943 |
| manner that could be interpreted as referring to a person other | 67944 |
| than the person to whom the certificate, registration, or license | 67945 |
| has been issued. No person shall fail to comply with this | 67946 |
| division. | 67947 |
| (C) No person, other than a certificate holder, a registrant, | 67948 |
| or a licensee, shall assume or use a title, designation, or | 67949 |
| abbreviation that is likely to create the impression that the | 67950 |
| person possesses certification, registration, or licensure under | 67951 |
| this chapter, provided that professional designations containing | 67952 |
| the term "certified appraiser" and being used on or before July | 67953 |
| 26, 1989, shall not be construed as being misleading under this | 67954 |
| division. No person other than a person certified or licensed | 67955 |
| under this chapter shall describe or refer to an appraisal or | 67956 |
| other evaluation of real estate located in this state as being | 67957 |
| certified. | 67958 |
| (D) The terms "state-certified or state-licensed real estate | 67959 |
| appraisal report," "state-certified or state-licensed appraisal | 67960 |
| report," or "state-certified or state-licensed appraisal" shall be | 67961 |
| used to refer only to those real estate appraisals conducted by a | 67962 |
| certificate holder or licensee as a disinterested and unbiased | 67963 |
| third party provided that the certificate holder or licensee | 67964 |
| provides certification with the appraisal and provided further | 67965 |
| that if a licensee is providing the appraisal, such terms shall | 67966 |
| only be used if the licensee is acting within the scope of the | 67967 |
| licensee's license. No person shall fail to comply with this | 67968 |
| division. | 67969 |
| (E) Nothing in this chapter shall preclude a partnership, | 67970 |
|
corporation, or association which employs | 67971 |
| the services of a certificate holder or licensee to advertise that | 67972 |
| the partnership, corporation, or association offers | 67973 |
| state-certified or state-licensed appraisals through a | 67974 |
| certificate holder or licensee if the advertisement clearly | 67975 |
| states such fact in accordance with guidelines for such | 67976 |
| advertisements established by rule of the real estate appraiser | 67977 |
| board. | 67978 |
| (F) Except as otherwise provided in section 4763.19 of the | 67979 |
| Revised Code, nothing in this chapter shall preclude a person who | 67980 |
| is not licensed or certified under this chapter from appraising | 67981 |
| real estate for compensation. | 67982 |
| Sec. 4763.14. A person licensed, registered, or certified | 67983 |
| under this chapter shall retain for a period of five years the | 67984 |
| original or a true copy of each written contract for the person's | 67985 |
|
services
relating to
real estate appraisal work | 67986 |
|
reports, and all work file documentation and
| 67987 |
|
assembled | 67988 |
| The retention period begins on the date the appraisal is submitted | 67989 |
| to the client unless, prior to expiration of the retention period, | 67990 |
| the certificate holder, registrant, or licensee is notified that | 67991 |
| the appraisal or report is the subject of or is otherwise involved | 67992 |
| in pending litigation, in which case the retention period begins | 67993 |
| on the date of final disposition of the litigation. | 67994 |
| A certificate holder, registrant, and a licensee shall make | 67995 |
| available all records required to be maintained under this section | 67996 |
| for inspection and copying by the superintendent of real estate or | 67997 |
| the real estate appraiser board, or both, upon reasonable notice | 67998 |
| to the certificate holder, registrant, or licensee. | 67999 |
| Sec. 4763.17. Every partnership, corporation, or association | 68000 |
|
which employs | 68001 |
| licensed, registered, or certified under this chapter, whether the | 68002 |
| certificate holder, registrant, or licensee is an independent | 68003 |
| contractor or under the supervision or control of the partnership, | 68004 |
| corporation, or association, is jointly and severally liable for | 68005 |
| any damages incurred by any person as a result of an act or | 68006 |
| omission concerning a state-certified or state-licensed real | 68007 |
| estate appraisal prepared or facilitated in the preparation by a | 68008 |
|
certificate holder, registrant, or
licensee while employed | 68009 |
| retained, or engaged by the partnership, corporation, or | 68010 |
| association. | 68011 |
| Sec. 4766.09. This chapter does not apply to any of the | 68012 |
| following: | 68013 |
| (A) A person rendering services with an ambulance in the | 68014 |
| event of a disaster situation when licensees' vehicles based in | 68015 |
| the locality of the disaster situation are incapacitated or | 68016 |
| insufficient in number to render the services needed; | 68017 |
| (B) Any person operating an ambulance, ambulette, rotorcraft | 68018 |
| air ambulance, or fixed wing air ambulance outside this state | 68019 |
| unless receiving a person within this state for transport to a | 68020 |
| location within this state; | 68021 |
| (C) A publicly owned or operated emergency medical service | 68022 |
| organization and the vehicles it owns or leases and operates, | 68023 |
| except as provided in section 307.051, division (G) of section | 68024 |
| 307.055, division (F) of section 505.37, division (B) of section | 68025 |
| 505.375, and division (B)(3) of section 505.72 of the Revised | 68026 |
| Code; | 68027 |
| (D) An ambulance, ambulette, rotorcraft air ambulance, fixed | 68028 |
| wing air ambulance, or nontransport vehicle owned or leased and | 68029 |
| operated by the federal government; | 68030 |
| (E) A publicly owned and operated fire department vehicle; | 68031 |
| (F) Emergency vehicles owned by a corporation and operating | 68032 |
| only on the corporation's premises, for the sole use by that | 68033 |
| corporation; | 68034 |
| (G) An ambulance, nontransport vehicle, or other emergency | 68035 |
| medical service organization vehicle owned and operated by a | 68036 |
| municipal corporation; | 68037 |
| (H) A motor vehicle titled in the name of a volunteer rescue | 68038 |
| service organization, as defined in section 4503.172 of the | 68039 |
| Revised Code; | 68040 |
| (I) A public emergency medical service organization; | 68041 |
| (J) A fire department, rescue squad, or life squad comprised | 68042 |
| of volunteers who provide services without expectation of | 68043 |
| remuneration and do not receive payment for services other than | 68044 |
| reimbursement for expenses; | 68045 |
| (K) A private, nonprofit emergency medical service | 68046 |
| organization when fifty per cent or more of its personnel are | 68047 |
| volunteers, as defined in section 4765.01 of the Revised Code; | 68048 |
| (L) Emergency medical service personnel who are regulated by | 68049 |
| the state board of emergency medical services under Chapter 4765. | 68050 |
| of the Revised Code; | 68051 |
| (M) Any of the following that operates a transit bus, as that | 68052 |
| term is defined in division (Q) of section 5735.01 of the Revised | 68053 |
| Code, unless the entity provides ambulette services that are | 68054 |
| reimbursed under the state medicaid plan: | 68055 |
| (1) A public nonemergency medical service organization; | 68056 |
| (2) An urban or rural public transit system; | 68057 |
| (3) A private nonprofit organization that receives grants | 68058 |
| under section 5501.07 of the Revised Code. | 68059 |
| (N)(1) An entity | 68060 |
| extent it provides ambulette services, if the entity meets all of | 68061 |
| the following conditions: | 68062 |
| (a) The entity is certified by the department of aging or the | 68063 |
|
department's designee | 68064 |
|
the Revised Code | 68065 |
| agreement with the department or the department's designee in | 68066 |
| accordance with section 173.392 of the Revised Code. | 68067 |
| (b) The entity meets the requirements of section 4766.14 of | 68068 |
|
the Revised Code | 68069 |
| (c) The entity does not provide ambulette services that are | 68070 |
| reimbursed under the state medicaid plan. | 68071 |
| (2) A vehicle, to the extent it is used to provide ambulette | 68072 |
| services, if the vehicle meets both of the following conditions: | 68073 |
| (a) The vehicle is owned by an entity that meets the | 68074 |
| conditions specified in division (N)(1) of this section. | 68075 |
| (b) The vehicle | 68076 |
|
that are reimbursed under the state medicaid plan | 68077 |
| (O) A vehicle that meets both of the following criteria, | 68078 |
| unless the vehicle provides services that are reimbursed under the | 68079 |
| state medicaid plan: | 68080 |
| (1) The vehicle was purchased with funds from a grant made by | 68081 |
| the United States secretary of transportation under 49 U.S.C. | 68082 |
| 5310; | 68083 |
| (2) The department of transportation holds a lien on the | 68084 |
| vehicle. | 68085 |
| Sec. 4767.05. (A) There is hereby created the Ohio cemetery | 68086 |
| dispute resolution commission, which shall consist of nine members | 68087 |
| to be appointed by the governor with the advice and consent of the | 68088 |
| senate as follows: | 68089 |
| (1) One member shall be the management authority of a | 68090 |
| municipal, township, or union cemetery and shall be selected from | 68091 |
| a list of four names submitted to the governor. Two of the four | 68092 |
| names shall be submitted by the Ohio township association and two | 68093 |
| names shall be submitted by the Ohio municipal league. | 68094 |
| (2) Four members shall be individuals employed in a | 68095 |
| management position by a cemetery company or cemetery association. | 68096 |
| Two of the four members shall be selected from a list of four | 68097 |
| names submitted to the governor by the Ohio association of | 68098 |
| cemeteries and two shall be selected from a list of four names | 68099 |
| submitted by the Ohio association of cemetery superintendents and | 68100 |
| officials. | 68101 |
| (3) Two members shall be employed in a management position by | 68102 |
| a cemetery that is owned or operated by a religious, fraternal, or | 68103 |
| benevolent society and shall be selected from a list of four names | 68104 |
| submitted by the Ohio association of cemetery superintendents and | 68105 |
| officials. | 68106 |
| (4) Two members, at least one of whom shall be at least | 68107 |
| sixty-five years of age, shall be representatives of the public | 68108 |
| with no financial interest in the death care industry. | 68109 |
| Each member of the commission, except for the two members who | 68110 |
| represent the public, shall, at the time of appointment, have had | 68111 |
| a minimum of five consecutive years of experience in the active | 68112 |
| administration and management of a cemetery in this state. | 68113 |
| (B) Within ninety days after the effective date of this | 68114 |
| section, the governor shall make initial appointments to the | 68115 |
| commission. Of the initial appointments, two shall be for terms | 68116 |
| ending one year after the effective date of this section, two | 68117 |
| shall be for terms ending two years after that date, two shall be | 68118 |
| for terms ending three years after that date, and three shall be | 68119 |
| for terms ending four years after that date. Thereafter, terms of | 68120 |
| office shall be for four years, with each term ending on the same | 68121 |
| day of the same month as did the term that it succeeds. Each | 68122 |
| member shall hold office from the date of appointment until the | 68123 |
| end of the term for which the member was appointed. Vacancies | 68124 |
| shall be filled in the manner provided for original appointments, | 68125 |
| with each appointee, other than a representative of the public, | 68126 |
| being appointed from a list of two names submitted to the governor | 68127 |
| by the association or organization that was required to nominate | 68128 |
| candidates for initial appointment to the position that has become | 68129 |
| vacant. Any member appointed to fill a vacancy occurring prior to | 68130 |
| the expiration date of the term for which the member's predecessor | 68131 |
| was appointed shall hold office for the remainder of that term. A | 68132 |
| member shall continue in office subsequent to the expiration date | 68133 |
| of the member's term until the member's successor takes office or | 68134 |
| until a period of sixty days has elapsed, whichever occurs first. | 68135 |
| No person shall serve as a member of the commission for more than | 68136 |
| two consecutive terms, excluding any term served to fill an | 68137 |
| initial appointment to a term of less than four years or an | 68138 |
| unexpired term caused by a vacancy. | 68139 |
| (C) The commission annually shall elect from among its | 68140 |
| members a chairperson, vice-chairperson, and secretary, each of | 68141 |
| whom shall serve a term of one year in that office. The commission | 68142 |
| shall meet at least four times a year. Additional meetings may be | 68143 |
| called by the chairperson, or by the vice-chairperson when the | 68144 |
| chairperson is disabled, or by a majority of the members of the | 68145 |
| commission. A majority of the members constitutes a quorum to | 68146 |
| transact and vote on business of the commission. | 68147 |
| The chairperson or vice-chairperson may: | 68148 |
| (1) Administer oaths; | 68149 |
| (2) Issue subpoenas; | 68150 |
| (3) Summon witnesses; | 68151 |
| (4) Compel the production of books, papers, records, and | 68152 |
| other forms of evidence; | 68153 |
| (5) Fix the time and place for hearing any matter related to | 68154 |
| compliance with sections 1721.19, 1721.20, 1721.21, 1721.211, | 68155 |
|
4735.02, | 68156 |
| The chairperson shall designate three members of the | 68157 |
| commission to serve on the crematory review board in accordance | 68158 |
| with section 4717.03 of the Revised Code for such time as the | 68159 |
| chairperson finds appropriate. Members designated to serve on the | 68160 |
| crematory review board shall perform all functions necessary to | 68161 |
| carry out the duties of the board as described in section 4717.03 | 68162 |
| of the Revised Code. Members who serve on the crematory review | 68163 |
| board shall receive no compensation for such service. | 68164 |
| (D) Before entering upon the duties of office, each member of | 68165 |
| the commission shall take the oath pursuant to section 3.22 of the | 68166 |
| Revised Code. The governor may remove any member for misconduct, | 68167 |
| neglect of duty, incapacity, or malfeasance in accordance with | 68168 |
| section 3.04 of the Revised Code. | 68169 |
| (E) Members of the commission shall receive no compensation | 68170 |
| but shall be reimbursed for their actual and necessary expenses | 68171 |
| incurred in the performance of their duties as members of the | 68172 |
| commission. | 68173 |
| (F) The division of real estate in the department of commerce | 68174 |
| shall provide the commission with meeting space, staff services, | 68175 |
| and other technical assistance required by the commission in | 68176 |
| carrying out its duties pursuant to sections 4767.05 to 4767.08 of | 68177 |
| the Revised Code. | 68178 |
| Sec. 4767.07. (A) Any person may file a complaint regarding | 68179 |
| the activity, practice, policy, or procedure of, or regarding an | 68180 |
| alleged violation of section 1721.19, 1721.20, 1721.21, 1721.211, | 68181 |
|
4735.02, | 68182 |
| operating or maintaining a cemetery registered pursuant to section | 68183 |
| 4767.03 of the Revised Code that adversely affects or may | 68184 |
| adversely affect the interest of an owner or family member of the | 68185 |
| owner of a cemetery lot or burial, entombment, or columbarium | 68186 |
| right. All complaints shall be in writing and submitted to the | 68187 |
| division of real estate in the department of commerce on forms | 68188 |
| provided by the division. | 68189 |
| (B) With respect to complaints filed pursuant to division (A) | 68190 |
| of this section, the division of real estate shall do all of the | 68191 |
| following: | 68192 |
| (1) Acknowledge receipt of the complaint by sending written | 68193 |
| notice to the person who filed the complaint not more than twenty | 68194 |
| days after receipt of the complaint; | 68195 |
| (2) Send written notice of the complaint within seven days | 68196 |
| after receipt of the complaint to the person responsible for the | 68197 |
| operation and maintenance of the cemetery that is the subject of | 68198 |
| the complaint; | 68199 |
| (3) Before taking further action, allow the owner or the | 68200 |
| person responsible for the operation and maintenance of the | 68201 |
| cemetery that is the subject of a complaint thirty days after the | 68202 |
| date the division sends notice of the complaint to respond to the | 68203 |
| division with respect to the complaint. | 68204 |
| (C) The cemetery dispute resolution commission shall hear | 68205 |
| each complaint filed pursuant to division (A) of this section | 68206 |
| within one hundred eighty days after its filing, unless it has | 68207 |
| been resolved by the parties to the complaint. | 68208 |
| Sec. 4767.08. (A) The Ohio cemetery dispute resolution | 68209 |
| commission, on its own motion or as a result of a complaint | 68210 |
| received pursuant to section 4767.07 of the Revised Code and with | 68211 |
| good cause shown, shall investigate or cause to be investigated | 68212 |
| alleged violations of sections 1721.19, 1721.20, 1721.21, | 68213 |
|
1721.211, 4735.02, | 68214 |
| the Revised Code. If the commission or the superintendent of the | 68215 |
| division of real estate in the department of commerce believes | 68216 |
| that a violation has occurred, the commission or superintendent | 68217 |
| shall do all of the following: | 68218 |
| (1) Review the financial records of the cemetery to ensure | 68219 |
| compliance with sections 1721.21 and 1721.211 of the Revised Code; | 68220 |
| (2) Request the prosecuting attorney of the county in which | 68221 |
| the alleged violation occurred to initiate such proceedings as are | 68222 |
| appropriate. | 68223 |
| (B) If, as a result of an investigation, the commission or | 68224 |
| the superintendent believes that a person has violated Chapter | 68225 |
| 1345. of the Revised Code, the commission or superintendent shall | 68226 |
| report the findings to the attorney general. | 68227 |
| (C) The commission, at any time, may dismiss a complaint if | 68228 |
| it determines there is not good cause shown for the complaint. If | 68229 |
| the commission dismisses a complaint, it shall notify the person | 68230 |
| who filed the complaint within twenty days of reaching its | 68231 |
| decision and identify the reason why the complaint was dismissed. | 68232 |
| (D) When necessary for the division of real estate to perform | 68233 |
| the duties required by sections 4767.07 and 4767.08 of the Revised | 68234 |
| Code, the superintendent of the division, after consultation with | 68235 |
| at least a majority of the members of the cemetery dispute | 68236 |
| resolution commission, may issue subpoenas and compel the | 68237 |
| production of books, papers, records, and other forms of evidence. | 68238 |
| Sec. 4776.01. As used in this chapter: | 68239 |
| (A) "License" means any of the following: | 68240 |
| (1) An authorization evidenced by a license, certificate, | 68241 |
| registration, permit, card, or other authority that is issued or | 68242 |
| conferred by a licensing agency described in division (C)(1) of | 68243 |
| this section to a licensee or to an applicant for an initial | 68244 |
| license by which the licensee or initial license applicant has or | 68245 |
| claims the privilege to engage in a profession, occupation, or | 68246 |
| occupational activity, or to have control of and operate certain | 68247 |
| specific equipment, machinery, or premises, over which the | 68248 |
| licensing agency has jurisdiction. | 68249 |
| (2) An authorization evidenced by a license or certificate | 68250 |
| that is issued by a licensing agency described in division (C)(2) | 68251 |
| of this section pursuant to section 4715.12, 4715.16, 4715.21, or | 68252 |
| 4715.27 of the Revised Code to a licensee or to an applicant for | 68253 |
| an initial license by which the licensee or initial license | 68254 |
| applicant has or claims the privilege to engage in a profession, | 68255 |
| occupation, or occupational activity over which the licensing | 68256 |
| agency has jurisdiction. | 68257 |
| (B) "Licensee" means the person to whom the license is issued | 68258 |
| by a licensing agency. | 68259 |
| (C) "Licensing agency" means any of the following: | 68260 |
| (1) The board authorized by Chapters 4701., 4717., 4725., | 68261 |
| 4729., 4730., 4731., 4732., 4734., 4740., 4741., 4755., 4757., | 68262 |
| 4759., 4760., 4761., 4762., and 4779. of the Revised Code to | 68263 |
| issue a license to engage in a specific profession, occupation, | 68264 |
| or occupational activity, or to have charge of and operate | 68265 |
| certain specified equipment, machinery, or premises. | 68266 |
| (2) The state dental board, relative to its authority to | 68267 |
| issue a license pursuant to section 4715.12, 4715.16, 4715.21, or | 68268 |
| 4715.27 of the Revised Code. | 68269 |
| (D) "Applicant for an initial license" includes persons | 68270 |
| seeking a license for the first time and persons seeking a license | 68271 |
| by reciprocity, endorsement, or similar manner of a license issued | 68272 |
| in another state. | 68273 |
| (E) "Applicant for a restored license" includes persons | 68274 |
| seeking restoration of a certificate under section 4730.14, | 68275 |
| 4731.281, 4760.06, or 4762.06 of the Revised Code. | 68276 |
| (F) "Criminal records check" has the same meaning as in | 68277 |
|
division | 68278 |
| Sec. 4776.02. (A) An applicant for an initial license or | 68279 |
| restored license from a licensing agency, or a person seeking to | 68280 |
| satisfy the criteria for being a qualified pharmacy technician | 68281 |
| that are specified in section 4729.42 of the Revised Code, shall | 68282 |
| submit a request to the bureau of criminal identification and | 68283 |
| investigation for a criminal records check of the applicant or | 68284 |
| person. The request shall be accompanied by a completed copy of | 68285 |
| the form prescribed under division (C)(1) of section 109.572 of | 68286 |
| the Revised Code, a set of fingerprint impressions obtained as | 68287 |
| described in division (C)(2) of that section, and the fee | 68288 |
| prescribed under division (C)(3) of that section. The applicant | 68289 |
| or person shall ask the superintendent of the bureau of criminal | 68290 |
| identification and investigation in the request to obtain from | 68291 |
| the federal bureau of investigation any information it has | 68292 |
| pertaining to the applicant or person. | 68293 |
| An applicant or person requesting a criminal records check | 68294 |
| shall provide the bureau of criminal identification and | 68295 |
| investigation with the applicant's or person's name and address | 68296 |
| and, regarding an applicant, with the licensing agency's name and | 68297 |
| address. | 68298 |
| (B) Upon receipt of the completed form, the set of | 68299 |
| fingerprint impressions, and the fee provided for in division (A) | 68300 |
| of this section, the superintendent of the bureau of criminal | 68301 |
| identification and investigation shall conduct a criminal records | 68302 |
| check of the applicant or person under division (B) of section | 68303 |
| 109.572 of the Revised Code. Upon completion of the criminal | 68304 |
| records check, the superintendent shall do whichever of the | 68305 |
| following is applicable: | 68306 |
| (1) If the request was submitted by an applicant for an | 68307 |
| initial license or restored license, report the results of the | 68308 |
| criminal records check and any information the federal bureau of | 68309 |
| investigation provides to the licensing agency identified in the | 68310 |
| request for a criminal records check; | 68311 |
| (2) If the request was submitted by a person seeking to | 68312 |
| satisfy the criteria for being a qualified pharmacy technician | 68313 |
| that are specified in section 4729.42 of the Revised Code, do both | 68314 |
| of the following: | 68315 |
| (a) Report the results of the criminal records check and any | 68316 |
| information the federal bureau of investigation provides to the | 68317 |
| person who submitted the request; | 68318 |
| (b) Report the results of the portion of the criminal records | 68319 |
| check performed by the bureau of criminal identification and | 68320 |
| investigation under division (B)(1) of section 109.572 of the | 68321 |
| Revised Code to the employer or potential employer specified in | 68322 |
| the request of the person who submitted the request and send a | 68323 |
| letter to that employer or potential employer regarding the | 68324 |
| information provided by the federal bureau of investigation that | 68325 |
| states either that based on that information there is no record of | 68326 |
| any conviction or that based on that information the person who | 68327 |
| submitted the request may not meet the criteria that are specified | 68328 |
|
in section | 68329 |
| applicable. | 68330 |
| Sec. 4781.01. As used in this chapter: | 68331 |
| (A) "Industrialized unit" has the same meaning as in division | 68332 |
| (C)(3) of section 3781.06 of the Revised Code. | 68333 |
| (B) "Installation" means any of the following: | 68334 |
| (1) The temporary or permanent construction of stabilization, | 68335 |
| support, and anchoring systems for manufactured housing; | 68336 |
| (2) The placement and erection of a manufactured housing unit | 68337 |
| or components of a unit on a structural support system; | 68338 |
| (3) The supporting, blocking, leveling, securing, anchoring, | 68339 |
| underpinning, or adjusting of any section or component of a | 68340 |
| manufactured housing unit; | 68341 |
| (4) The joining or connecting of all sections or components | 68342 |
| of a manufactured housing unit. | 68343 |
| (C) "Manufactured home" has the same meaning as in division | 68344 |
| (C)(4) of section 3781.06 of the Revised Code. | 68345 |
| (D) "Manufactured home park" has the same meaning as in | 68346 |
| division (A) of section 3733.01 of the Revised Code. | 68347 |
| (E) "Manufactured housing" means manufactured homes and | 68348 |
| mobile homes. | 68349 |
| (F) "Manufactured housing installer" means an individual who | 68350 |
| installs manufactured housing. | 68351 |
| (G) "Mobile home" has the same meaning as in division (O) of | 68352 |
| section 4501.01 of the Revised Code. | 68353 |
| (H) "Model standards" means the federal manufactured home | 68354 |
| installation standards established pursuant to 42 U.S.C. 5404. | 68355 |
| (I) "Permanent foundation" has the same meaning as in | 68356 |
| division (C)(5) of section 3781.06 of the Revised Code. | 68357 |
| (J) "Business" includes any activities engaged in by any | 68358 |
| person for the object of gain, benefit, or advantage either direct | 68359 |
| or indirect. | 68360 |
| (K) "Casual sale" means any transfer of a manufactured home | 68361 |
| or mobile home by a person other than a manufactured housing | 68362 |
| dealer, manufactured housing salesperson, or manufacturer to an | 68363 |
| ultimate consumer or a person who purchases the home for use as a | 68364 |
| residence. | 68365 |
| (L) "Engaging in business" means commencing, conducting, or | 68366 |
| continuing in business, or liquidating a business when the | 68367 |
| liquidator thereof holds self out to be conducting such business; | 68368 |
| making a casual sale or otherwise making transfers in the ordinary | 68369 |
| course of business when the transfers are made in connection with | 68370 |
| the disposition of all or substantially all of the transferor's | 68371 |
| assets is not engaging in business. | 68372 |
| (M) "Manufactured home park operator" has the same meaning as | 68373 |
| "operator" in section 3733.01 of the Revised Code. | 68374 |
| (N) "Manufactured housing broker" means any person acting as | 68375 |
| a selling agent on behalf of an owner of a manufactured home or | 68376 |
| mobile home that is subject to taxation under section 4503.06 of | 68377 |
| the Revised Code. | 68378 |
| (O) "Manufactured housing dealer" means any person engaged in | 68379 |
| the business of selling at retail, displaying, offering for sale, | 68380 |
| or dealing in manufactured homes or mobile homes. | 68381 |
| (P) "Manufacturer" means a person who manufacturers, | 68382 |
| assembles, or imports manufactured homes or mobile homes. | 68383 |
| (Q) "Retail sale" or "sale at retail" means the act or | 68384 |
| attempted act of selling, bartering, exchanging, or otherwise | 68385 |
| disposing of a manufactured home or mobile home to an ultimate | 68386 |
| purchaser for use as a residence. | 68387 |
| (R) "Salesperson" means any individual employed by a | 68388 |
| manufactured housing dealer or manufactured housing broker to | 68389 |
| sell, display, and offer for sale, or deal in manufactured homes | 68390 |
| or mobile homes for a commission, compensation, or other valuable | 68391 |
| consideration, but does not mean any public officer performing | 68392 |
| official duties. | 68393 |
| (S) "Ultimate purchaser" means, with respect to any new | 68394 |
| manufactured home, the first person, other than a manufactured | 68395 |
| housing dealer purchasing in the capacity of a manufactured | 68396 |
| housing dealer, who purchases such new manufactured home for | 68397 |
| purposes other than resale. | 68398 |
| Sec. 4781.02. (A) There is hereby created the manufactured | 68399 |
| homes commission which consists of nine members, with three | 68400 |
| members appointed by the governor, three members appointed by the | 68401 |
| president of the senate, and three members appointed by the | 68402 |
| speaker of the house of representatives. | 68403 |
| (B)(1) Commission members shall be residents of this state, | 68404 |
| except for members appointed pursuant to divisions (B)(3)(b) and | 68405 |
| (B)(4)(a) of this section. Members shall be selected from a list | 68406 |
| of persons the Ohio manufactured homes association, or any | 68407 |
| successor entity, recommends, except for appointments made | 68408 |
| pursuant to division (B)(2) of this section. | 68409 |
| (2) The governor shall appoint the following members: | 68410 |
| (a) One member to represent the board of building standards, | 68411 |
| who may be a member of the board or a board employee not in the | 68412 |
| classified civil service, with an initial term ending December 31, | 68413 |
| 2007; | 68414 |
| (b) One member to represent the department of health, who may | 68415 |
| be a department employee not in the classified civil service, with | 68416 |
| an initial term ending December 31, 2005; | 68417 |
| (c) One member whose primary residence is a manufactured | 68418 |
| home, with an initial term ending December 31, 2006. | 68419 |
| (3) The president of the senate shall appoint the following | 68420 |
| members: | 68421 |
| (a) Two members who are manufactured housing installers who | 68422 |
| have been actively engaged in the installation of manufactured | 68423 |
| housing for the five years immediately prior to appointment, with | 68424 |
| the initial term of one installer ending December 31, 2007, and | 68425 |
| the initial term of the other installer ending December 31, 2005. | 68426 |
| (b) One member who manufactures manufactured homes in this | 68427 |
| state or who manufactures manufactured homes in another state and | 68428 |
| ships homes into this state, to represent manufactured home | 68429 |
| manufacturers, with an initial term ending December 31, 2006. | 68430 |
| (4) The speaker of the house of representatives shall appoint | 68431 |
| the following members: | 68432 |
| (a) One member who operates a manufactured or mobile home | 68433 |
|
retail business in this state to represent manufactured | 68434 |
| 68435 | |
| December 31, 2007; | 68436 |
| (b) One member who is a manufactured home park operator or is | 68437 |
| employed by an operator, with an initial term ending December 31, | 68438 |
| 2005; | 68439 |
| (c) One member to represent the Ohio manufactured home | 68440 |
| association, or any successor entity, who may be the president or | 68441 |
| executive director of the association or the successor entity, | 68442 |
| with an initial term ending December 31, 2006. | 68443 |
| (C)(1) After the initial term, each term of office is for | 68444 |
| four years ending on the thirty-first day of December. A member | 68445 |
| holds office from the date of appointment until the end of the | 68446 |
| term. No member may serve more than two consecutive four-year | 68447 |
| terms. | 68448 |
| (2) Any member appointed to fill a vacancy that occurs prior | 68449 |
| to the expiration of a term continues in office for the remainder | 68450 |
| of that term. Any member continues in office subsequent to the | 68451 |
| expiration date of the term until the member's successor takes | 68452 |
| office or until sixty days have elapsed, which ever occurs first. | 68453 |
| (3) A vacancy on the commission does not impair the authority | 68454 |
| of the remaining members to exercise all of the commission's | 68455 |
| powers. | 68456 |
| (D)(1) The governor may remove any member from office for | 68457 |
| incompetence, neglect of duty, misfeasance, nonfeasance, | 68458 |
| malfeasance, or unprofessional conduct in office. | 68459 |
| (2) Vacancies shall be filled in the manner of the original | 68460 |
| appointment. | 68461 |
| Sec. 4781.04. (A) The manufactured homes commission shall | 68462 |
| adopt rules pursuant to Chapter 119. of the Revised Code to do all | 68463 |
| of the following: | 68464 |
| (1) Establish uniform standards that govern the installation | 68465 |
| of manufactured housing. Not later than one hundred eighty days | 68466 |
| after the secretary of the United States department of housing and | 68467 |
| urban development adopts model standards for the installation of | 68468 |
| manufactured housing or amends those standards, the commission | 68469 |
| shall amend its standards as necessary to be consistent with, and | 68470 |
| not less stringent than, the model standards for the design and | 68471 |
| installation of manufactured housing the secretary adopts or any | 68472 |
| manufacturers' standards that the secretary determines are equal | 68473 |
| to or not less stringent than the model standards. | 68474 |
| (2) Govern the inspection of the installation of manufactured | 68475 |
|
housing. The rules shall specify that the | 68476 |
| 68477 | |
| any building department or personnel of any department, any | 68478 |
| licensor or personnel of any licensor, or any private third party, | 68479 |
| certified pursuant to section 4781.07 of the Revised Code shall | 68480 |
| conduct all inspections of the installation of manufactured | 68481 |
| housing located in manufactured home parks to determine compliance | 68482 |
| with the uniform installation standards the commission establishes | 68483 |
|
pursuant to this section. | 68484 |
| 68485 | |
| 68486 | |
| 68487 | |
| 68488 | |
| 68489 |
| As used in division (A)(2) of this section, "licensor" has | 68490 |
| the same meaning as in section 3733.01 of the Revised Code. | 68491 |
| (3) Govern the design, construction, installation, approval, | 68492 |
| and inspection of foundations and the base support systems for | 68493 |
|
manufactured housing. The rules shall specify that the | 68494 |
| 68495 | |
| 68496 | |
| department, any licensor or personnel of any licensor, or any | 68497 |
| private third party, certified pursuant to section 4781.07 of the | 68498 |
| Revised Code shall conduct all inspections of the installation, | 68499 |
| foundations, and base support systems of manufactured housing | 68500 |
| located in manufactured home parks to determine compliance with | 68501 |
| the uniform installation standards and foundation and base support | 68502 |
| system design the commission establishes pursuant to this section. | 68503 |
| 68504 | |
| 68505 | |
| 68506 | |
| 68507 | |
| 68508 | |
| 68509 |
| As used in division (A)(3) of this section, "licensor" has | 68510 |
| the same meaning as in section 3733.01 of the Revised Code. | 68511 |
| (4) Govern the training, experience, and education | 68512 |
| requirements for manufactured housing installers, manufactured | 68513 |
| housing dealers, manufactured housing brokers, and manufactured | 68514 |
| housing salespersons; | 68515 |
| (5) Establish a code of ethics for manufactured housing | 68516 |
| installers; | 68517 |
| (6) Govern the issuance, revocation, and suspension of | 68518 |
| licenses to manufactured housing installers; | 68519 |
| (7) Establish fees for the issuance and renewal of licenses, | 68520 |
| for conducting inspections to determine an applicant's compliance | 68521 |
| with this chapter and the rules adopted pursuant to it, and for | 68522 |
| the commission's expenses incurred in implementing this chapter; | 68523 |
| (8) Establish conditions under which a licensee may enter | 68524 |
| into contracts to fulfill the licensee's responsibilities; | 68525 |
| (9) Govern the investigation of complaints concerning any | 68526 |
| violation of this chapter or the rules adopted pursuant to it or | 68527 |
| complaints involving the conduct of any licensed manufactured | 68528 |
| housing installer or person installing manufactured housing | 68529 |
| without a license, licensed manufactured housing dealer, licensed | 68530 |
| manufactured housing broker, or manufactured housing salesperson; | 68531 |
| (10) Establish a dispute resolution program for the timely | 68532 |
| resolution of warranty issues involving new manufactured homes, | 68533 |
| disputes regarding responsibility for the correction or repair of | 68534 |
| defects in manufactured housing, and the installation of | 68535 |
| manufactured housing. The rules shall provide for the timely | 68536 |
|
resolution of disputes between manufacturers, | 68537 |
| manufactured housing dealers, and installers regarding the | 68538 |
| correction or repair of defects in manufactured housing that are | 68539 |
| reported by the purchaser of the home during the one-year period | 68540 |
| beginning on the date of installation of the home. The rules also | 68541 |
| shall provide that decisions made regarding the dispute under the | 68542 |
| program are not binding upon the purchaser of the home or the | 68543 |
| other parties involved in the dispute unless the purchaser so | 68544 |
| agrees in a written acknowledgement that the purchaser signs and | 68545 |
| delivers to the program within ten business days after the | 68546 |
| decision is issued. | 68547 |
| (11) Establish the requirements and procedures for the | 68548 |
| certification of building departments and building department | 68549 |
| personnel pursuant to section 4781.07 of the Revised Code; | 68550 |
| (12) Establish fees to be charged to building departments and | 68551 |
| building department personnel applying for certification and | 68552 |
| renewal of certification pursuant to section 4781.07 of the | 68553 |
| Revised Code; | 68554 |
| (13) Carry out any other provision of this chapter. | 68555 |
| (B) The manufactured homes commission shall do all of the | 68556 |
| following: | 68557 |
| (1) Prepare and administer a licensure examination to | 68558 |
| determine an applicant's knowledge of manufactured housing | 68559 |
| installation and other aspects of installation the commission | 68560 |
| determines appropriate; | 68561 |
| (2) Select, provide, or procure appropriate examination | 68562 |
| questions and answers for the licensure examination and establish | 68563 |
| the criteria for successful completion of the examination; | 68564 |
| (3) Prepare and distribute any application form this chapter | 68565 |
| requires; | 68566 |
| (4) Receive applications for licenses and renewal of licenses | 68567 |
| and issue licenses to qualified applicants; | 68568 |
| (5) Establish procedures for processing, approving, and | 68569 |
| disapproving applications for licensure; | 68570 |
| (6) Retain records of applications for licensure, including | 68571 |
| all application materials submitted and a written record of the | 68572 |
| action taken on each application; | 68573 |
| (7) Review the design and plans for manufactured housing | 68574 |
| installations, foundations, and support systems; | 68575 |
| (8) Inspect a sample of homes at a percentage the commission | 68576 |
| determines to evaluate the construction and installation of | 68577 |
| manufactured housing installations, foundations, and support | 68578 |
| systems to determine compliance with the standards the commission | 68579 |
| adopts; | 68580 |
| (9) Investigate complaints concerning violations of this | 68581 |
| chapter or the rules adopted pursuant to it, or the conduct of any | 68582 |
| manufactured housing installer, manufactured housing dealer, | 68583 |
| manufactured housing broker, or manufactured housing salesperson; | 68584 |
| (10) Determine appropriate disciplinary actions for | 68585 |
| violations of this chapter; | 68586 |
| (11) Conduct audits and inquiries of manufactured housing | 68587 |
| installers, manufactured housing dealers, and manufactured housing | 68588 |
| brokers as appropriate for the enforcement of this chapter. The | 68589 |
| commission, or any person the commission employs for the purpose, | 68590 |
| may review and audit the business records of any manufactured | 68591 |
| housing installer, dealer, or broker during normal business hours. | 68592 |
| (12) Approve an installation training course, which may be | 68593 |
| offered by the Ohio manufactured homes association or other | 68594 |
| entity; | 68595 |
| (13) Perform any function or duty necessary to administer | 68596 |
| this chapter and the rules adopted pursuant to it. | 68597 |
| Sec. 4781.05. The executive director of the manufactured | 68598 |
| homes commission shall do all of the following: | 68599 |
| (A) With commission approval, secure and manage office space, | 68600 |
| supplies, and the professional and clerical staff necessary to | 68601 |
| effectively perform the executive director's and commission's | 68602 |
| duties; | 68603 |
| (B) Pursuant to rules the commission adopts, review | 68604 |
| applications for manufactured housing installer licenses, | 68605 |
| manufactured housing dealer licenses, manufactured housing broker | 68606 |
| licenses, and manufactured housing salesperson licenses and on | 68607 |
| behalf of the commission, issue licenses to qualified persons; | 68608 |
| (C) Administer the dispute resolution program the commission | 68609 |
| develops if the commission does not contract with the Ohio | 68610 |
| manufactured homes association or another entity to administer the | 68611 |
| program; | 68612 |
| (D) Administer any continuing education program the | 68613 |
| commission develops; | 68614 |
| (E) Collect fees the commission establishes; | 68615 |
| (F) Except as provided in divisions (A)(2) and (3) of section | 68616 |
| 4781.04 of the Revised Code, employ installation inspectors and | 68617 |
| investigators to serve at the executive director's pleasure to | 68618 |
| assist in carrying out the executive director's duties under this | 68619 |
| chapter or the duties the commission delegates to the executive | 68620 |
| director; | 68621 |
| (G) Serve as secretary of the commission and maintain a | 68622 |
| written record of the commission's meetings and proceedings; | 68623 |
| (H) Notify manufactured housing installers, manufactured | 68624 |
| housing dealers, manufactured housing brokers, and manufactured | 68625 |
| housing salespersons of changes in this chapter and the rules | 68626 |
| adopted pursuant to it; | 68627 |
| (I) Do all things the commission requests or delegates for | 68628 |
| the administration and enforcement of this chapter. | 68629 |
| Sec. 4781.06. (A) The manufactured homes commission may | 68630 |
| delegate to the executive director any of its duties set forth in | 68631 |
| division (B) of section 4781.04 of the Revised Code. | 68632 |
| (B) The commission may enter into a contract with the Ohio | 68633 |
| manufactured homes association or another entity to administer the | 68634 |
| dispute resolution program created pursuant to section 4781.04 of | 68635 |
| the Revised Code. The contract shall specify the terms for the | 68636 |
| administration of the program. | 68637 |
| (C)(1) The commission may enter into a contract with any | 68638 |
| private third party, municipal corporation, township, county, | 68639 |
| state agency, or the Ohio manufactured homes association, or any | 68640 |
| successor entity, to perform any of the commission's functions set | 68641 |
| forth in division (B) of section 4781.04 of the Revised Code that | 68642 |
| the commission has not delegated to the executive director. Each | 68643 |
| contract shall specify the compensation to be paid to the private | 68644 |
| third party, municipal corporation, township, county, state | 68645 |
| agency, or the Ohio manufactured homes association, or successor | 68646 |
| entity, for the performance of the commission's functions. | 68647 |
| (2) Except as provided in this division, the commission shall | 68648 |
| not enter into any contract with any person or building department | 68649 |
| to accept and approve plans and specifications or to inspect | 68650 |
| manufactured housing foundations and the installation of | 68651 |
| manufactured housing unless that person or building department is | 68652 |
| certified pursuant to section 4781.07 of the Revised Code. The | 68653 |
|
commission shall | 68654 |
| health employs to obtain certification pursuant to section 4781.07 | 68655 |
|
of the Revised Code | 68656 |
| 68657 | |
| 68658 |
| Sec. 4781.07. (A) Pursuant to rules the manufactured homes | 68659 |
| commission adopts, the commission may certify municipal, township, | 68660 |
| and county building departments and the personnel of those | 68661 |
| departments, licensors as defined in section 3733.01 of the | 68662 |
| Revised Code and the personnel of those licensors, or any private | 68663 |
| third party, to exercise the commission's enforcement authority, | 68664 |
| accept and approve plans and specifications for foundations, | 68665 |
| support systems and installations, and inspect manufactured | 68666 |
| housing foundations, support systems, and manufactured housing | 68667 |
| installations. Any certification is effective for three years. | 68668 |
| (B) Following an investigation and finding of facts that | 68669 |
| support its action, the commission may revoke or suspend | 68670 |
| certification. The commission may initiate an investigation on its | 68671 |
| own motion or the petition of a person affected by the enforcement | 68672 |
| or approval of plans. | 68673 |
| Sec. 4781.16. (A) Except as provided in division (E) of this | 68674 |
| section, no person shall do any of the following: | 68675 |
| (1) Engage in the business of displaying or selling at retail | 68676 |
| manufactured homes or mobile homes or assume to engage in that | 68677 |
| business, unless the person is licensed as a manufactured housing | 68678 |
| dealer under this chapter, or is a salesperson licensed under this | 68679 |
| chapter and employed by a licensed manufactured housing dealer; | 68680 |
| (2) Make more than five casual sales of manufactured homes or | 68681 |
| mobile homes in a twelve-month period without obtaining a license | 68682 |
| as a manufactured housing dealer under this chapter; | 68683 |
| (3) Engage in the business of brokering manufactured homes | 68684 |
| unless that person is licensed as a manufactured housing broker | 68685 |
| under this chapter. | 68686 |
| (B)(1) Except as provided in this division, no manufactured | 68687 |
| housing dealer shall sell, display, offer for sale, or deal in | 68688 |
| manufactured homes or mobile homes at any place except an | 68689 |
| established place of business that is used exclusively for the | 68690 |
| purpose of selling, displaying, offering for sale, or dealing in | 68691 |
| manufactured homes or mobile homes. | 68692 |
| (2) No manufactured housing broker shall engage in the | 68693 |
| business of brokering manufactured or mobile homes at any place | 68694 |
| except an established place of business that is used exclusively | 68695 |
| for the purpose of brokering manufactured and mobile homes. | 68696 |
| (3) A place of business used for the brokering or sale of | 68697 |
| manufactured homes or mobile homes is considered to be used | 68698 |
| exclusively for brokering, selling, displaying, offering for sale, | 68699 |
| or dealing in manufactured or mobile homes even though | 68700 |
| industrialized units, as defined by section 3781.06 of the | 68701 |
| Revised Code, are brokered, sold, displayed, offered for sale, or | 68702 |
| dealt at the same place of business. | 68703 |
| (4) If the licensed manufactured housing dealer is a | 68704 |
| manufactured home park operator, then all of the following apply: | 68705 |
| (a) An established place of business that is located in the | 68706 |
| operator's manufactured home park and that is used for selling, | 68707 |
| leasing, and renting manufactured homes and mobile homes in that | 68708 |
| manufactured home park is considered to be used exclusively for | 68709 |
| that purpose even though rent and other activities related to the | 68710 |
| operation of the manufactured home park take place at the same | 68711 |
| location or office. | 68712 |
| (b) The dealer's established place of business in the | 68713 |
| manufactured home park shall be staffed by someone licensed and | 68714 |
| regulated under this chapter who could reasonably assist any | 68715 |
| retail customer with or without an appointment, but such | 68716 |
| established place of business need not satisfy office size, | 68717 |
| display lot size, and physical barrier requirements applicable to | 68718 |
| other used motor vehicle dealers. | 68719 |
| (c) The manufactured and mobile homes being offered for sale, | 68720 |
| lease, or rental by the dealer may be located on individual rental | 68721 |
| lots inside the operator's manufactured home park. | 68722 |
| (C) Nothing in this chapter shall be construed as prohibiting | 68723 |
| the sale of a new or used manufactured or mobile home located in a | 68724 |
| manufactured home park by a licensed manufactured housing dealer. | 68725 |
| (D) Nothing in this section shall be construed to prohibit | 68726 |
| persons licensed under this chapter from making sales calls. | 68727 |
| (E)(1) This chapter does not apply to mortgagees selling at | 68728 |
| retail only those manufactured homes or mobile homes that have | 68729 |
| come into their possession by a default in the terms of a mortgage | 68730 |
| contract. | 68731 |
| (2) When a partnership licensed under this chapter is | 68732 |
| dissolved by death, the surviving partners may operate under the | 68733 |
| manufactured housing dealer license for a period of sixty days, | 68734 |
| and the heirs or representatives of deceased persons and | 68735 |
| receivers or trustees in bankruptcy appointed by any competent | 68736 |
| authority may operate under the license of the person succeeded | 68737 |
| in possession by that heir, representative, receiver, or trustee | 68738 |
| in bankruptcy. | 68739 |
| Sec. 4781.17. (A) Each person applying for a manufactured | 68740 |
| housing dealer's license or manufactured housing broker's license | 68741 |
| shall complete and deliver to the manufactured homes commission, | 68742 |
| before the first day of April, a separate application for license | 68743 |
| for each county in which the business of selling or brokering | 68744 |
| manufactured or mobile homes is to be conducted. The application | 68745 |
| shall be in the form prescribed by the commission and | 68746 |
| accompanied by the fee established by the commission. The | 68747 |
| applicant shall sign and swear to the application that shall | 68748 |
| include all of the following: | 68749 |
| (1) Name of applicant and location of principal place of | 68750 |
| business; | 68751 |
| (2) Name or style under which business is to be conducted | 68752 |
| and, if a corporation, the state of incorporation; | 68753 |
| (3) Name and address of each owner or partner and, if a | 68754 |
| corporation, the names of the officers and directors; | 68755 |
| (4) The county in which the business is to be conducted and | 68756 |
| the address of each place of business therein; | 68757 |
| (5) A statement of the previous history, record, and | 68758 |
| association of the applicant and of each owner, partner, officer, | 68759 |
| and director, that is sufficient to establish to the satisfaction | 68760 |
| of the commission the reputation in business of the applicant; | 68761 |
| (6) A statement showing whether the applicant has previously | 68762 |
| applied for a manufactured housing dealer's license, manufactured | 68763 |
| housing broker's license, manufactured housing salesperson's | 68764 |
| license, or, prior to July 1, 2010, a motor vehicle dealer's | 68765 |
| license, manufactured home broker's license, or motor vehicle | 68766 |
| salesperson's license, and the result of the application, and | 68767 |
| whether the applicant has ever been the holder of any such license | 68768 |
| that was revoked or suspended; | 68769 |
| (7) If the applicant is a corporation or partnership, a | 68770 |
| statement showing whether any partner, employee, officer, or | 68771 |
| director has been refused a manufactured housing dealer's license, | 68772 |
| manufactured housing broker's license, manufactured housing | 68773 |
| salesperson's license, or, prior to July 1, 2010, a motor vehicle | 68774 |
| dealer's license, manufactured home broker's license, or motor | 68775 |
| vehicle salesperson's license, or has been the holder of any such | 68776 |
| license that was revoked or suspended; | 68777 |
| (8) Any other information required by the commission. | 68778 |
| (B)Each person applying for a manufactured housing | 68779 |
| salesperson's license shall complete and deliver to the | 68780 |
| manufactured homes commission before the first day of July an | 68781 |
| application for license. The application shall be in the form | 68782 |
| prescribed by the commission and shall be accompanied by the fee | 68783 |
| established by the commission. The applicant shall sign and swear | 68784 |
| to the application that shall include all of the following: | 68785 |
| (1) Name and post-office address of the applicant; | 68786 |
| (2) Name and post-office address of the manufactured housing | 68787 |
| dealer or manufactured housing broker for whom the applicant | 68788 |
| intends to act as salesperson; | 68789 |
| (3) A statement of the applicant's previous history, record, | 68790 |
| and association, that is sufficient to establish to the | 68791 |
| satisfaction of the commission the applicant's reputation in | 68792 |
| business; | 68793 |
| (4) A statement as to whether the applicant intends to engage | 68794 |
| in any occupation or business other than that of a manufactured | 68795 |
| housing salesperson; | 68796 |
| (5) A statement as to whether the applicant has ever had any | 68797 |
| previous application for a manufactured housing salesperson | 68798 |
| license refused or, prior to July 1, 2010, any application for a | 68799 |
| motor vehicle salesperson license refused, and whether the | 68800 |
| applicant has previously had a manufactured housing salesperson or | 68801 |
| motor vehicle salesperson license revoked or suspended; | 68802 |
| (6) A statement as to whether the applicant was an employee | 68803 |
| of or salesperson for a manufactured housing dealer or | 68804 |
| manufactured housing broker whose license was suspended or | 68805 |
| revoked; | 68806 |
| (7) A statement of the manufactured housing dealer or | 68807 |
| manufactured housing broker named therein, designating the | 68808 |
| applicant as the dealer's or broker's salesperson; | 68809 |
| (8) Any other information required by the commission. | 68810 |
| (C) Any application for a manufactured housing dealer or | 68811 |
| manufactured housing broker delivered to the commission under this | 68812 |
| section also shall be accompanied by a photograph, as prescribed | 68813 |
| by the commission, of each place of business operated, or to be | 68814 |
| operated, by the applicant. | 68815 |
| (D) The manufactured homes commission shall deposit all | 68816 |
| license fees into the state treasury to the credit of the | 68817 |
| occupational licensing and regulatory fund. | 68818 |
| Sec. 4781.18. (A) The manufactured homes commission shall | 68819 |
| deny the application of any person for a license as a manufactured | 68820 |
| housing dealer or manufactured housing broker and refuse to issue | 68821 |
| the license if the commission finds that any of the following is | 68822 |
| true of the applicant: | 68823 |
| (1) The applicant has made any false statement of a material | 68824 |
| fact in the application. | 68825 |
| (2) The applicant has not complied with this chapter or the | 68826 |
| rules adopted by the commission under this chapter. | 68827 |
| (3) The applicant is of bad business repute or has habitually | 68828 |
| defaulted on financial obligations. | 68829 |
| (4) The applicant has been guilty of a fraudulent act in | 68830 |
| connection with selling or otherwise dealing in manufactured | 68831 |
| housing or in connection with brokering manufactured housing. | 68832 |
| (5) The applicant has entered into or is about to enter into | 68833 |
| a contract or agreement with a manufacturer or distributor of | 68834 |
| manufactured homes that is contrary to the requirements of this | 68835 |
| chapter. | 68836 |
| (6) The applicant is insolvent. | 68837 |
| (7) The applicant is of insufficient responsibility to ensure | 68838 |
| the prompt payment of any final judgments that might reasonably be | 68839 |
| entered against the applicant because of the transaction of | 68840 |
| business as a manufactured housing dealer or manufactured housing | 68841 |
| broker during the period of the license applied for, or has failed | 68842 |
| to satisfy any such judgment. | 68843 |
| (8) The applicant has no established place of business that, | 68844 |
| where applicable, is used or will be used for the purpose of | 68845 |
| selling, displaying, offering for sale or dealing in manufactured | 68846 |
| housing at the location for which application is made. | 68847 |
| (9) Within less than twelve months prior to making | 68848 |
| application, the applicant has been denied a manufactured housing | 68849 |
| dealer's license or manufactured housing broker's license, or has | 68850 |
| any such license revoked. | 68851 |
| (B) The commission shall deny the application of any person | 68852 |
| for a license as a salesperson and refuse to issue the license if | 68853 |
| the commission finds that any of the following is true of the | 68854 |
| applicant: | 68855 |
| (1) The applicant has made any false statement of a material | 68856 |
| fact in the application. | 68857 |
| (2) The applicant has not complied with this chapter or the | 68858 |
| rules adopted by the commission under this chapter. | 68859 |
| (3) The applicant is of bad business repute or has habitually | 68860 |
| defaulted on financial obligations. | 68861 |
| (4) The applicant has been guilty of a fraudulent act in | 68862 |
| connection with selling or otherwise dealing in manufactured | 68863 |
| housing. | 68864 |
| (5) The applicant has not been designated to act as | 68865 |
| salesperson for a manufactured housing dealer or manufactured | 68866 |
| housing broker licensed to do business in this state under this | 68867 |
| chapter, or intends to act as salesperson for more than one | 68868 |
| licensed manufactured housing dealer or manufactured housing | 68869 |
| broker at the same time, unless the licensed dealership is owned | 68870 |
| or operated by the same corporation, regardless of the county in | 68871 |
| which the dealership's facility is located. | 68872 |
| (6) The applicant holds a current manufactured housing | 68873 |
| dealer's or manufactured housing broker's license issued under | 68874 |
| this chapter, and intends to act as salesperson for another | 68875 |
| licensed manufactured housing dealer or manufactured housing | 68876 |
| broker. | 68877 |
| (7) Within less than twelve months prior to making | 68878 |
| application, the applicant has been denied a salesperson's license | 68879 |
| or had a salesperson's license revoked. | 68880 |
| (8) The applicant was salesperson for, or in the employ of, a | 68881 |
| manufactured housing dealer or manufactured housing broker at the | 68882 |
| time the dealer's or broker's license was revoked. | 68883 |
| (C) If an applicant for a manufactured housing dealer or | 68884 |
| manufactured housing broker's license is a corporation or | 68885 |
| partnership, the commission may refuse to issue a license if any | 68886 |
| officer, director, or partner of the applicant has been guilty of | 68887 |
| any act or omission that would be cause for refusing or revoking a | 68888 |
| license issued to such officer, director, or partner as an | 68889 |
| individual. The commission's finding may be based upon facts | 68890 |
| contained in the application or upon any other information the | 68891 |
| commission may have. | 68892 |
| (D) Notwithstanding division (A)(4) of this section, the | 68893 |
| commission shall not deny the application of any person and refuse | 68894 |
| to issue a license if the commission finds that the applicant is | 68895 |
| engaged or will engage in the business of selling at retail any | 68896 |
| new manufactured homes and demonstrates that the applicant has | 68897 |
| posted a bond, surety, or certificate of deposit with the | 68898 |
| commission in an amount not less than one hundred thousand dollars | 68899 |
| for the protection and benefit of the applicant's customers. | 68900 |
| (E) A decision made by the commission under this section may | 68901 |
| be based upon any statement contained in the application or upon | 68902 |
| any facts within the commission's knowledge. | 68903 |
| (F) Immediately upon denying an application for any of the | 68904 |
| reasons in this section, the commission shall enter a final order | 68905 |
| together with the commission's findings. If the application is | 68906 |
| denied by the executive director of the commission under authority | 68907 |
| of section 4781.05 of the Revised Code, the executive director | 68908 |
| shall enter a final order together with the director's findings | 68909 |
| and certify the same to the commission. The commission shall issue | 68910 |
| to the applicant a written notice of refusal to grant a license | 68911 |
| that shall disclose the reason for refusal. | 68912 |
| Sec. 4781.19. (A) At the time the manufactured homes | 68913 |
| commission grants the application of any person for a license as a | 68914 |
| manufactured housing dealer, manufactured housing broker, or | 68915 |
| manufactured housing salesperson, the commission shall issue to | 68916 |
| the person a license that includes the name and post-office | 68917 |
| address of the person licensed. If a manufactured housing dealer | 68918 |
| or manufactured housing broker has more than one place of business | 68919 |
| in a county, the dealer or broker shall make application, in such | 68920 |
| form as the commission prescribes, for a certified copy of the | 68921 |
| license issued to the dealer or broker for each place of business | 68922 |
| in the county. | 68923 |
| (B) The commission may require each applicant for a | 68924 |
| manufactured housing dealer's license, manufactured housing | 68925 |
| broker's license, and manufactured housing salesperson's license | 68926 |
| issued under this chapter to pay an additional fee, which shall be | 68927 |
| used by the commission to pay the costs of obtaining a record of | 68928 |
| any arrests and convictions of the applicant from the bureau of | 68929 |
| identification and investigation. The amount of the fee shall be | 68930 |
| equal to that paid by the commission to obtain such record. | 68931 |
| (C) In the event of the loss, mutilation, or destruction of a | 68932 |
| manufactured housing dealer's license, manufactured housing | 68933 |
| broker's license, or manufactured housing salesperson's license, | 68934 |
| any licensee may make application to the commission, in the form | 68935 |
| prescribed by the commission, for a duplicate copy thereof and pay | 68936 |
| a fee established by the commission. | 68937 |
| (D) All manufactured housing dealers' licenses, all | 68938 |
| manufactured housing brokers' licenses, and all manufactured | 68939 |
| housing salespersons' licenses issued or renewed shall expire | 68940 |
| biennially on a day within the two-year cycle that is prescribed | 68941 |
| by the manufactured homes commission, unless sooner suspended or | 68942 |
| revoked. Before the first day after the day prescribed by the | 68943 |
| commission in the year that the license expires, each licensed | 68944 |
| manufactured housing dealer, manufactured housing broker, and | 68945 |
| manufactured housing salesperson, in the year in which the license | 68946 |
| will expire, shall file an application, in such form as the | 68947 |
| commission prescribes, for the renewal of such license. The fee | 68948 |
| required by this section for the original license shall accompany | 68949 |
| the application. | 68950 |
| (E) Each manufactured housing dealer and manufactured housing | 68951 |
| broker shall keep the license or a certified copy thereof and a | 68952 |
| current list of the dealer's or the broker's licensed | 68953 |
| salespersons, showing the names, addresses, and serial numbers of | 68954 |
| their licenses, posted in a conspicuous place in each place of | 68955 |
| business. Each salesperson shall carry the salesperson's license | 68956 |
| or a certified copy thereof and shall exhibit such license or copy | 68957 |
| upon demand to any inspector of the commission, state highway | 68958 |
| patrol trooper, police officer, or person with whom the | 68959 |
| salesperson seeks to transact business as a manufactured housing | 68960 |
| salesperson. | 68961 |
| Sec. 4781.20. The applications for licenses submitted under | 68962 |
| section 4781.17 of the Revised Code are not part of the public | 68963 |
| records but are confidential information for the use of the | 68964 |
| manufactured homes commission. No person shall divulge any | 68965 |
| information contained in such applications and acquired by the | 68966 |
| person in the person's capacity as an official or employee of the | 68967 |
| manufactured homes commission, except in a report to the | 68968 |
| commission, or when called upon to testify in any court or | 68969 |
| proceeding. | 68970 |
| Sec. 4781.21. (A) The manufactured homes commission may make | 68971 |
| rules governing its actions relative to the suspension and | 68972 |
| revocation of manufactured housing dealers', manufactured housing | 68973 |
| brokers', and manufactured housing salespersons' licenses, and | 68974 |
| may, upon its own motion, and shall, upon the verified complaint | 68975 |
| in writing of any person, investigate the conduct of any licensee | 68976 |
| under this chapter. The commission shall suspend, revoke, or | 68977 |
| refuse to renew any manufactured housing dealer's, manufactured | 68978 |
| housing broker's, or manufactured housing salesperson's license, | 68979 |
| if any ground existed upon which the license might have been | 68980 |
| refused, or if a ground exists that would be cause for refusal to | 68981 |
| issue a license. | 68982 |
| The commission may suspend or revoke any license if the | 68983 |
| licensee has in any manner violated the rules adopted by the | 68984 |
| commission under this chapter, or has been convicted of committing | 68985 |
| a felony or violating any law that in any way relates to the | 68986 |
| selling, taxing, licensing, or regulation of sales of manufactured | 68987 |
| or mobile homes. | 68988 |
| (B) Any salesperson's license shall be suspended upon the | 68989 |
| termination, suspension, or revocation of the license of the | 68990 |
| manufactured housing dealer or manufactured housing broker for | 68991 |
| whom the salesperson is acting, or upon the salesperson leaving | 68992 |
| the service of the manufactured housing dealer or manufactured | 68993 |
| housing broker. Upon the termination, suspension, or revocation of | 68994 |
| the license of the manufactured housing dealer or manufactured | 68995 |
| housing broker for whom the salesperson is acting, or upon the | 68996 |
| salesperson leaving the service of a licensed manufactured housing | 68997 |
| or manufactured housing broker, the licensed salesperson may make | 68998 |
| application to the commission, in such form as the commission | 68999 |
| prescribes, to have the salesperson's license reinstated, | 69000 |
| transferred, and registered as a salesperson for another dealer or | 69001 |
| broker. If the information contained in the application is | 69002 |
| satisfactory to the commission, the commission shall reinstate, | 69003 |
| transfer, or register the salesperson's license as a salesperson | 69004 |
| for other dealer or broker. The commission shall establish the fee | 69005 |
| for the reinstatement and transfer of license. No license issued | 69006 |
| to a dealer, broker, or salesperson under this chapter may be | 69007 |
| transferred to any other person. | 69008 |
| (C) Any person whose manufactured housing dealer's license, | 69009 |
| manufactured housing broker's license, or manufactured housing | 69010 |
| salesperson's license is revoked, suspended, denied, or not | 69011 |
| renewed may request an adjudication hearing on the matter within | 69012 |
| thirty days after receipt of the notice of the action. If no | 69013 |
| appeal is taken within thirty days after receipt of the order, the | 69014 |
| order is final and conclusive. All appeals must be by petition in | 69015 |
| writing and verified under oath by the applicant whose application | 69016 |
| for license has been revoked, suspended, denied, or not renewed | 69017 |
| and must set forth the reason for the appeal and the reason why, | 69018 |
| in the petitioner's opinion, the order is not correct. In such | 69019 |
| appeals the board may make investigation to determine the | 69020 |
| correctness and legality of the appealed order. The hearing shall | 69021 |
| be held in accordance with Chapter 119. of the Revised Code. | 69022 |
| Sec. 4781.22. No manufactured housing dealer licensed under | 69023 |
| this chapter shall do any of the following: | 69024 |
| (A) Directly or indirectly, solicit the sale of a | 69025 |
| manufactured home or mobile home through an interested person | 69026 |
| other than a salesperson licensed in the employ of a licensed | 69027 |
| dealer; | 69028 |
| (B) Pay any commission or compensation in any form to any | 69029 |
| person in connection with the sale of a manufactured home or | 69030 |
| mobile home unless the person is licensed as a salesperson in the | 69031 |
| employ of the dealer; | 69032 |
| (C) Fail to immediately notify the manufactured homes | 69033 |
| commission upon termination of the employment of any person | 69034 |
| licensed as a salesperson to sell, display, offer for sale, or | 69035 |
| deal in manufactured homes or mobile homes for the dealer. | 69036 |
| Sec. 4781.23. (A) Each licensed manufactured housing dealer | 69037 |
| and manufactured housing broker shall notify the manufactured | 69038 |
| homes commission of any change in status as a manufactured housing | 69039 |
| dealer or manufactured housing broker during the period for which | 69040 |
| the dealer or broker is licensed, if the change of status concerns | 69041 |
| either of the following: | 69042 |
| (1) Personnel of owners, partners, officers, or directors; | 69043 |
| (2) Location of an office or principal place of business. | 69044 |
| (B) The notification required by division (A) of this section | 69045 |
| shall be made by filing with the commission, within fifteen days | 69046 |
| after the change of status, a supplemental statement in a form | 69047 |
| prescribed by the commission showing in what respect the status | 69048 |
| has been changed. | 69049 |
| The commission may adopt a rule exempting from the | 69050 |
| notification requirement of division (A)(1) of this section any | 69051 |
| dealer if stock in the dealer or its parent company is publicly | 69052 |
| traded and if there are public records filed with and in the | 69053 |
| possession of state or federal agencies that provide the | 69054 |
| information required by division (A)(1) of this section. | 69055 |
| Sec. 4781.24. (A) Every retail sale of a manufactured home | 69056 |
| or mobile home shall be preceded by a written contract that shall | 69057 |
| contain all of the agreements of the parties and shall be signed | 69058 |
| by the buyer and the seller. The seller, upon execution of the | 69059 |
| contract and before the delivery of the manufactured or mobile | 69060 |
| home, shall deliver to the buyer a copy of the contract that shall | 69061 |
| clearly describe all of the following: | 69062 |
| (1) The home sold to the buyer, including, where applicable, | 69063 |
| its vehicle identification number; | 69064 |
| (2) The sale price of the home, and, if applicable, the | 69065 |
| amount paid down by the buyer; | 69066 |
| (3) The amount credited to the buyer for any trade-in and a | 69067 |
| description thereof; | 69068 |
| (4) The amount of any finance charge; | 69069 |
| (5) The amount charged for any home insurance and a statement | 69070 |
| of the types of insurance provided by the policy or policies; | 69071 |
| (6) The amount of any other charge and a specification of its | 69072 |
| purpose; | 69073 |
| (7) The net balance of payment due from the buyer including | 69074 |
| the terms of the payment of the net balance. | 69075 |
| (B) A manufactured housing dealer may contract for and | 69076 |
| receive a documentary service charge for a retail sale of a | 69077 |
| manufactured home or mobile home. The documentary service charge | 69078 |
| shall be specified in writing without itemization of the | 69079 |
| individual services provided and shall not be more than the lesser | 69080 |
| of the following: | 69081 |
| (1) The amount allowed in a retail installment contract; | 69082 |
| (2) Ten per cent of the amount the buyer is required to pay | 69083 |
| pursuant to the contract, excluding tax, title, and registration | 69084 |
| fees, and any negative equity adjustment. | 69085 |
| (C) This section does not apply to a casual sale of a | 69086 |
| manufactured home or mobile home. | 69087 |
| Sec. 4781.25. The manufactured homes commission shall adopt | 69088 |
| rules for the regulation of manufactured housing brokers in | 69089 |
| accordance with Chapter 119. of the Revised Code. The rules shall | 69090 |
| require that a manufactured housing broker maintain a bond of a | 69091 |
| surety company authorized to transact business in this state in an | 69092 |
| amount determined by the commission. The rules also shall require | 69093 |
| each person licensed as a manufactured housing broker to maintain | 69094 |
| at all times a special or trust bank account that is | 69095 |
| noninterest-bearing, is separate and distinct from any personal or | 69096 |
| other account of the broker, and into which shall be deposited and | 69097 |
| maintained all escrow funds, security deposits, and other moneys | 69098 |
| received by the broker in a fiduciary capacity. In a form | 69099 |
| determined by the commission, a manufactured housing broker shall | 69100 |
| submit written proof to the commission of the continued | 69101 |
| maintenance of the special or trust account. A depository where | 69102 |
| special or trust accounts are maintained in accordance with this | 69103 |
| section shall be located in this state. | 69104 |
| Sec. 4781.99. (A) Whoever violates division (A) of section | 69105 |
| 4781.16 of the Revised Code is guilty of a minor misdemeanor on a | 69106 |
| first offense and shall be subject to a mandatory fine of one | 69107 |
| hundred dollars. On a second offense, the person is guilty of a | 69108 |
| misdemeanor of the first degree and shall be subject to a | 69109 |
| mandatory fine of one thousand dollars. | 69110 |
| (B) Whoever violates section 4781.20 of the Revised Code is | 69111 |
| guilty of a minor misdemeanor. | 69112 |
| (C) Whoever violates any of the following is guilty of a | 69113 |
| misdemeanor of the fourth degree: | 69114 |
| (1) Division (B) or (C) of section 4781.16 of the Revised | 69115 |
| Code; | 69116 |
| (2) Section 4781.22 of the Revised Code; | 69117 |
| (3) Section 4781.23 of the Revised Code; | 69118 |
| (4) Division (A) of section 4781.24 of the Revised Code; | 69119 |
| (5) Section 4781.25 of the Revised Code. | 69120 |
| Sec. 4928.01. (A) As used in this chapter: | 69121 |
| (1) "Ancillary service" means any function necessary to the | 69122 |
| provision of electric transmission or distribution service to a | 69123 |
| retail customer and includes, but is not limited to, scheduling, | 69124 |
| system control, and dispatch services; reactive supply from | 69125 |
| generation resources and voltage control service; reactive supply | 69126 |
| from transmission resources service; regulation service; frequency | 69127 |
| response service; energy imbalance service; operating | 69128 |
| reserve-spinning reserve service; operating reserve-supplemental | 69129 |
| reserve service; load following; back-up supply service; | 69130 |
| real-power loss replacement service; dynamic scheduling; system | 69131 |
| black start capability; and network stability service. | 69132 |
| (2) "Billing and collection agent" means a fully independent | 69133 |
| agent, not affiliated with or otherwise controlled by an electric | 69134 |
| utility, electric services company, electric cooperative, or | 69135 |
| governmental aggregator subject to certification under section | 69136 |
| 4928.08 of the Revised Code, to the extent that the agent is under | 69137 |
| contract with such utility, company, cooperative, or aggregator | 69138 |
| solely to provide billing and collection for retail electric | 69139 |
| service on behalf of the utility company, cooperative, or | 69140 |
| aggregator. | 69141 |
| (3) "Certified territory" means the certified territory | 69142 |
| established for an electric supplier under sections 4933.81 to | 69143 |
| 4933.90 of the Revised Code. | 69144 |
| (4) "Competitive retail electric service" means a component | 69145 |
| of retail electric service that is competitive as provided under | 69146 |
| division (B) of this section. | 69147 |
| (5) "Electric cooperative" means a not-for-profit electric | 69148 |
| light company that both is or has been financed in whole or in | 69149 |
| part under the "Rural Electrification Act of 1936," 49 Stat. 1363, | 69150 |
| 7 U.S.C. 901, and owns or operates facilities in this state to | 69151 |
| generate, transmit, or distribute electricity, or a not-for-profit | 69152 |
| successor of such company. | 69153 |
| (6) "Electric distribution utility" means an electric utility | 69154 |
| that supplies at least retail electric distribution service. | 69155 |
| (7) "Electric light company" has the same meaning as in | 69156 |
| section 4905.03 of the Revised Code and includes an electric | 69157 |
| services company, but excludes any self-generator to the extent | 69158 |
| that it consumes electricity it so produces, sells that | 69159 |
| electricity for resale, or obtains electricity from a generating | 69160 |
| facility it hosts on its premises. | 69161 |
| (8) "Electric load center" has the same meaning as in section | 69162 |
| 4933.81 of the Revised Code. | 69163 |
| (9) "Electric services company" means an electric light | 69164 |
| company that is engaged on a for-profit or not-for-profit basis in | 69165 |
| the business of supplying or arranging for the supply of only a | 69166 |
| competitive retail electric service in this state. "Electric | 69167 |
| services company" includes a power marketer, power broker, | 69168 |
| aggregator, or independent power producer but excludes an electric | 69169 |
| cooperative, municipal electric utility, governmental aggregator, | 69170 |
| or billing and collection agent. | 69171 |
| (10) "Electric supplier" has the same meaning as in section | 69172 |
| 4933.81 of the Revised Code. | 69173 |
| (11) "Electric utility" means an electric light company that | 69174 |
| has a certified territory and is engaged on a for-profit basis | 69175 |
| either in the business of supplying a noncompetitive retail | 69176 |
| electric service in this state or in the businesses of supplying | 69177 |
| both a noncompetitive and a competitive retail electric service | 69178 |
| in this state. "Electric utility" excludes a municipal electric | 69179 |
| utility or a billing and collection agent. | 69180 |
| (12) "Firm electric service" means electric service other | 69181 |
| than nonfirm electric service. | 69182 |
| (13) "Governmental aggregator" means a legislative authority | 69183 |
| of a municipal corporation, a board of township trustees, or a | 69184 |
| board of county commissioners acting as an aggregator for the | 69185 |
| provision of a competitive retail electric service under authority | 69186 |
| conferred under section 4928.20 of the Revised Code. | 69187 |
| (14) A person acts "knowingly," regardless of the person's | 69188 |
| purpose, when the person is aware that the person's conduct will | 69189 |
| probably cause a certain result or will probably be of a certain | 69190 |
| nature. A person has knowledge of circumstances when the person is | 69191 |
| aware that such circumstances probably exist. | 69192 |
| (15) "Level of funding for low-income customer energy | 69193 |
| efficiency programs provided through electric utility rates" means | 69194 |
| the level of funds specifically included in an electric utility's | 69195 |
| rates on October 5, 1999, pursuant to an order of the public | 69196 |
| utilities commission issued under Chapter 4905. or 4909. of the | 69197 |
| Revised Code and in effect on October 4, 1999, for the purpose of | 69198 |
| improving the energy efficiency of housing for the utility's | 69199 |
| low-income customers. The term excludes the level of any such | 69200 |
| funds committed to a specific nonprofit organization or | 69201 |
| organizations pursuant to a stipulation or contract. | 69202 |
| (16) "Low-income customer assistance programs" means the | 69203 |
| percentage of income payment plan program, the home energy | 69204 |
| assistance program, the home weatherization assistance program, | 69205 |
| and the targeted energy efficiency and weatherization program. | 69206 |
| (17) "Market development period" for an electric utility | 69207 |
| means the period of time beginning on the starting date of | 69208 |
| competitive retail electric service and ending on the applicable | 69209 |
| date for that utility as specified in section 4928.40 of the | 69210 |
| Revised Code, irrespective of whether the utility applies to | 69211 |
| receive transition revenues under this chapter. | 69212 |
| (18) "Market power" means the ability to impose on customers | 69213 |
| a sustained price for a product or service above the price that | 69214 |
| would prevail in a competitive market. | 69215 |
| (19) "Mercantile customer" means a commercial or industrial | 69216 |
| customer if the electricity consumed is for nonresidential use and | 69217 |
| the customer consumes more than seven hundred thousand kilowatt | 69218 |
| hours per year or is part of a national account involving multiple | 69219 |
| facilities in one or more states. | 69220 |
| (20) "Municipal electric utility" means a municipal | 69221 |
| corporation that owns or operates facilities to generate, | 69222 |
| transmit, or distribute electricity. | 69223 |
| (21) "Noncompetitive retail electric service" means a | 69224 |
| component of retail electric service that is noncompetitive as | 69225 |
| provided under division (B) of this section. | 69226 |
| (22) "Nonfirm electric service" means electric service | 69227 |
| provided pursuant to a schedule filed under section 4905.30 of the | 69228 |
| Revised Code or pursuant to an arrangement under section 4905.31 | 69229 |
| of the Revised Code, which schedule or arrangement includes | 69230 |
| conditions that may require the customer to curtail or interrupt | 69231 |
| electric usage during nonemergency circumstances upon | 69232 |
| notification by an electric utility. | 69233 |
| (23) "Percentage of income payment plan arrears" means funds | 69234 |
| eligible for collection through the percentage of income payment | 69235 |
| plan rider, but uncollected as of July 1, 2000. | 69236 |
| (24) "Person" has the same meaning as in section 1.59 of the | 69237 |
| Revised Code. | 69238 |
| (25) "Advanced energy project" means any technologies, | 69239 |
| products, activities, or management practices or strategies that | 69240 |
| facilitate the generation or use of electricity or energy and that | 69241 |
| reduce or support the reduction of energy consumption or support | 69242 |
| the production of clean, renewable energy for industrial, | 69243 |
| distribution, commercial, institutional, governmental, research, | 69244 |
| not-for-profit, or residential energy users, including, but not | 69245 |
| limited to, advanced energy resources and renewable energy | 69246 |
| resources. "Advanced energy project" also includes any project | 69247 |
| described in division (A), (B), or (C) of section 4928.621 of the | 69248 |
| Revised Code. | 69249 |
| (26) "Regulatory assets" means the unamortized net | 69250 |
| regulatory assets that are capitalized or deferred on the | 69251 |
| regulatory books of the electric utility, pursuant to an order or | 69252 |
| practice of the public utilities commission or pursuant to | 69253 |
| generally accepted accounting principles as a result of a prior | 69254 |
| commission rate-making decision, and that would otherwise have | 69255 |
| been charged to expense as incurred or would not have been | 69256 |
| capitalized or otherwise deferred for future regulatory | 69257 |
| consideration absent commission action. "Regulatory assets" | 69258 |
| includes, but is not limited to, all deferred demand-side | 69259 |
| management costs; all deferred percentage of income payment plan | 69260 |
| arrears; post-in-service capitalized charges and assets recognized | 69261 |
| in connection with statement of financial accounting standards no. | 69262 |
| 109 (receivables from customers for income taxes); future nuclear | 69263 |
| decommissioning costs and fuel disposal costs as those costs have | 69264 |
| been determined by the commission in the electric utility's most | 69265 |
| recent rate or accounting application proceeding addressing such | 69266 |
| costs; the undepreciated costs of safety and radiation control | 69267 |
| equipment on nuclear generating plants owned or leased by an | 69268 |
| electric utility; and fuel costs currently deferred pursuant to | 69269 |
| the terms of one or more settlement agreements approved by the | 69270 |
| commission. | 69271 |
| (27) "Retail electric service" means any service involved in | 69272 |
| supplying or arranging for the supply of electricity to ultimate | 69273 |
| consumers in this state, from the point of generation to the | 69274 |
| point of consumption. For the purposes of this chapter, retail | 69275 |
| electric service includes one or more of the following "service | 69276 |
| components": generation service, aggregation service, power | 69277 |
| marketing service, power brokerage service, transmission service, | 69278 |
| distribution service, ancillary service, metering service, and | 69279 |
| billing and collection service. | 69280 |
| (28) "Starting date of competitive retail electric service" | 69281 |
| means January 1, 2001. | 69282 |
| (29) "Customer-generator" means a user of a net metering | 69283 |
| system. | 69284 |
| (30) "Net metering" means measuring the difference in an | 69285 |
| applicable billing period between the electricity supplied by an | 69286 |
| electric service provider and the electricity generated by a | 69287 |
| customer-generator that is fed back to the electric service | 69288 |
| provider. | 69289 |
| (31) "Net metering system" means a facility for the | 69290 |
| production of electrical energy that does all of the following: | 69291 |
| (a) Uses as its fuel either solar, wind, biomass, landfill | 69292 |
| gas, or hydropower, or uses a microturbine or a fuel cell; | 69293 |
| (b) Is located on a customer-generator's premises; | 69294 |
| (c) Operates in parallel with the electric utility's | 69295 |
| transmission and distribution facilities; | 69296 |
| (d) Is intended primarily to offset part or all of the | 69297 |
| customer-generator's requirements for electricity. | 69298 |
| (32) "Self-generator" means an entity in this state that | 69299 |
| owns or hosts on its premises an electric generation facility | 69300 |
| that produces electricity primarily for the owner's consumption | 69301 |
| and that may provide any such excess electricity to another | 69302 |
| entity, whether the facility is installed or operated by the | 69303 |
| owner or by an agent under a contract. | 69304 |
| (33) "Rate plan" means the standard service offer in effect | 69305 |
| on the effective date of the amendment of this section by S.B. 221 | 69306 |
| of the 127th general assembly, July 31, 2008. | 69307 |
| (34) "Advanced energy resource" means any of the following: | 69308 |
| (a) Any method or any modification or replacement of any | 69309 |
| property, process, device, structure, or equipment that increases | 69310 |
| the generation output of an electric generating facility to the | 69311 |
| extent such efficiency is achieved without additional carbon | 69312 |
| dioxide emissions by that facility; | 69313 |
| (b) Any distributed generation system consisting of customer | 69314 |
| cogeneration of electricity and thermal output simultaneously, | 69315 |
| primarily to meet the energy needs of the customer's facilities; | 69316 |
| (c) Clean coal technology that includes a carbon-based | 69317 |
| product that is chemically altered before combustion to | 69318 |
| demonstrate a reduction, as expressed as ash, in emissions of | 69319 |
| nitrous oxide, mercury, arsenic, chlorine, sulfur dioxide, or | 69320 |
| sulfur trioxide in accordance with the American society of testing | 69321 |
| and materials standard D1757A or a reduction of metal oxide | 69322 |
| emissions in accordance with standard D5142 of that society, or | 69323 |
| clean coal technology that includes the design capability to | 69324 |
| control or prevent the emission of carbon dioxide, which design | 69325 |
| capability the commission shall adopt by rule and shall be based | 69326 |
| on economically feasible best available technology or, in the | 69327 |
| absence of a determined best available technology, shall be of | 69328 |
| the highest level of economically feasible design capability for | 69329 |
| which there exists generally accepted scientific opinion; | 69330 |
| (d) Advanced nuclear energy technology consisting of | 69331 |
| generation III technology as defined by the nuclear regulatory | 69332 |
| commission; other, later technology; or significant improvements | 69333 |
| to existing facilities; | 69334 |
| (e) Any fuel cell used in the generation of electricity, | 69335 |
| including, but not limited to, a proton exchange membrane fuel | 69336 |
| cell, phosphoric acid fuel cell, molten carbonate fuel cell, or | 69337 |
| solid oxide fuel cell; | 69338 |
| (f) Advanced solid waste or construction and demolition | 69339 |
| debris conversion technology, including, but not limited to, | 69340 |
| advanced stoker technology, and advanced fluidized bed | 69341 |
| gasification technology, that results in measurable greenhouse | 69342 |
| gas emissions reductions as calculated pursuant to the United | 69343 |
| States environmental protection agency's waste reduction model | 69344 |
| (WARM). | 69345 |
| (g) Demand-side management and any energy efficiency | 69346 |
| improvement; | 69347 |
| (h) Methane gas emitted from an operating or abandoned coal | 69348 |
| mine. | 69349 |
| (35) "Renewable energy resource" means solar photovoltaic or | 69350 |
| solar thermal energy, wind energy, power produced by a | 69351 |
| hydroelectric facility, geothermal energy, fuel derived from | 69352 |
| solid wastes, as defined in section 3734.01 of the Revised Code, | 69353 |
| through fractionation, biological decomposition, or other | 69354 |
| process that does not principally involve combustion, biomass | 69355 |
| energy, biologically derived methane gas, or energy derived | 69356 |
| from nontreated by-products of the pulping process or wood | 69357 |
| manufacturing process, including bark, wood chips, sawdust, | 69358 |
| and lignin in spent pulping liquors. "Renewable energy | 69359 |
| resource" includes, but is not limited to, any fuel cell used | 69360 |
| in the generation of electricity, including, but not limited | 69361 |
| to, a proton exchange membrane fuel cell, phosphoric acid fuel | 69362 |
| cell, molten carbonate fuel cell, or solid oxide fuel cell; wind | 69363 |
| turbine located in the state's territorial waters of Lake Erie; | 69364 |
| storage facility that will promote the better utilization of a | 69365 |
| renewable energy resource that primarily generates off peak; or | 69366 |
| distributed generation system used by a customer to generate | 69367 |
| electricity from any such energy. As used in division (A)(35) | 69368 |
| of this section, "hydroelectric facility" means a hydroelectric | 69369 |
| generating facility that is located at a dam on a river, or on | 69370 |
| any water discharged to a river, that is within or bordering this | 69371 |
| state or within or bordering an adjoining state and meets all of | 69372 |
| the following standards: | 69373 |
| (a) The facility provides for river flows that are not | 69374 |
| detrimental for fish, wildlife, and water quality, including | 69375 |
| seasonal flow fluctuations as defined by the applicable licensing | 69376 |
| agency for the facility. | 69377 |
| (b) The facility demonstrates that it complies with the | 69378 |
| water quality standards of this state, which compliance may | 69379 |
| consist of certification under Section 401 of the "Clean Water | 69380 |
| Act of 1977," 91 Stat. 1598, 1599, 33 U.S.C. 1341, and | 69381 |
| demonstrates that it has not contributed to a finding by this | 69382 |
| state that the river has impaired water quality under Section | 69383 |
| 303(d) of the "Clean Water Act of 1977," 114 Stat. 870, 33 | 69384 |
| U.S.C. 1313. | 69385 |
| (c) The facility complies with mandatory prescriptions | 69386 |
| regarding fish passage as required by the federal energy | 69387 |
| regulatory commission license issued for the project, regarding | 69388 |
| fish protection for riverine, anadromous, and catadromus fish. | 69389 |
| (d) The facility complies with the recommendations of the | 69390 |
| Ohio environmental protection agency and with the terms of its | 69391 |
| federal energy regulatory commission license regarding watershed | 69392 |
| protection, mitigation, or enhancement, to the extent of each | 69393 |
| agency's respective jurisdiction over the facility. | 69394 |
| (e) The facility complies with provisions of the "Endangered | 69395 |
| Species Act of 1973," 87 Stat. 884, 16 U.S.C. 1531 to 1544, as | 69396 |
| amended. | 69397 |
| (f) The facility does not harm cultural resources of the | 69398 |
| area. This can be shown through compliance with the terms of its | 69399 |
| federal energy regulatory commission license or, if the facility | 69400 |
| is not regulated by that commission, through development of a plan | 69401 |
| approved by the Ohio historic preservation office, to the extent | 69402 |
| it has jurisdiction over the facility. | 69403 |
| (g) The facility complies with the terms of its federal | 69404 |
| energy regulatory commission license or exemption that are related | 69405 |
| to recreational access, accommodation, and facilities or, if the | 69406 |
| facility is not regulated by that commission, the facility | 69407 |
| complies with similar requirements as are recommended by | 69408 |
| resource agencies, to the extent they have jurisdiction over the | 69409 |
| facility; and the facility provides access to water to the | 69410 |
| public without fee or charge. | 69411 |
| (h) The facility is not recommended for removal by any | 69412 |
| federal agency or agency of any state, to the extent the | 69413 |
| particular agency has jurisdiction over the facility. | 69414 |
| (B) For the purposes of this chapter, a retail electric | 69415 |
| service component shall be deemed a competitive retail electric | 69416 |
| service if the service component is competitive pursuant to a | 69417 |
| declaration by a provision of the Revised Code or pursuant to an | 69418 |
| order of the public utilities commission authorized under division | 69419 |
| (A) of section 4928.04 of the Revised Code. Otherwise, the | 69420 |
| service component shall be deemed a noncompetitive retail electric | 69421 |
| service. | 69422 |
| Sec. 4928.201. No governmental aggregator under section | 69423 |
| 4928.20 of the Revised Code shall fail to distribute in accordance | 69424 |
| with this section any monetary award it receives as a result of a | 69425 |
| legal action to which it is a party and that was initiated before, | 69426 |
| on, or after the effective date of this section and brought in the | 69427 |
| interest of the customers of the governmental aggregation or, if | 69428 |
| applicable, in the interest of any political subdivisions jointly | 69429 |
| participating in the governmental aggregation pursuant to | 69430 |
| ordinances adopted under section 4928.20 of the Revised Code. The | 69431 |
| governmental aggregator shall distribute such money immediately to | 69432 |
| the then current customers of the governmental aggregation or, in | 69433 |
| the case of a governmental aggregation in which political | 69434 |
| subdivisions so jointly participate, to such then current | 69435 |
| governmental participants. | 69436 |
| Sec. 4929.261. Section 4928.201 of the Revised Code shall | 69437 |
| apply also to a governmental aggregator under section 4929.26 or | 69438 |
| 4929.27 of the Revised Code. | 69439 |
| Sec. 5101.073. There is hereby created in the state treasury | 69440 |
| the ODJFS general services administration and operating fund. The | 69441 |
| director of job and family services may submit a deposit | 69442 |
| modification and payment detail report to the treasurer of state | 69443 |
| after the completion of the reconciliation of all final | 69444 |
| transactions with the federal government regarding a federal grant | 69445 |
| for a program the department of job and family services | 69446 |
| administers and a final closeout for the grant. On receipt of the | 69447 |
| report, the treasurer of state shall transfer the money in the | 69448 |
| refunds and audit settlements fund that is the subject of the | 69449 |
| report to the ODJFS general services administration and operating | 69450 |
| fund. Money in the ODJFS general services administration and | 69451 |
| operating fund shall be used to pay for the expenses of the | 69452 |
| programs the department administers and the department's | 69453 |
| administrative expenses, including the costs of state hearings | 69454 |
| under section 5101.35 of the Revised Code, required audit | 69455 |
| adjustments, and other related expenses. | 69456 |
| Sec. 5101.11. This section does not apply to contracts | 69457 |
| entered into under section 5111.90 or 5111.91 of the Revised Code. | 69458 |
| (A) As used in this section: | 69459 |
| (1) "Entity" includes an agency, board, commission, or | 69460 |
| department of the state or a political subdivision of the state; a | 69461 |
| private, nonprofit entity; a school district; a private school; or | 69462 |
| a public or private institution of higher education. | 69463 |
| (2) "Federal financial participation" means the federal | 69464 |
| government's share of expenditures made by an entity in | 69465 |
| implementing a program administered by the department of job and | 69466 |
| family services. | 69467 |
| (B) At the request of any public entity having authority to | 69468 |
| implement a program administered by the department of job and | 69469 |
| family services or any private entity under contract with a public | 69470 |
| entity to implement a program administered by the department, the | 69471 |
| department may seek to obtain federal financial participation for | 69472 |
| costs incurred by the entity. Federal financial participation may | 69473 |
| be sought from programs operated pursuant to Title IV-A, Title | 69474 |
| IV-E, and Title XIX of the "Social Security Act," 49 Stat. 620 | 69475 |
|
(1935), 42 U.S.C. 301, as amended; the | 69476 |
|
Act of
| 69477 |
| seq.); and any other statute or regulation under which federal | 69478 |
| financial participation may be available, except that federal | 69479 |
| financial participation may be sought only for expenditures made | 69480 |
| with funds for which federal financial participation is available | 69481 |
| under federal law. | 69482 |
| (C) All funds collected by the department of job and family | 69483 |
| services pursuant to division (B) of this section shall be | 69484 |
| distributed to the entities that incurred the costs, except for | 69485 |
| any amounts retained by the department pursuant to division (D)(3) | 69486 |
| of this section. | 69487 |
| (D) In distributing federal financial participation pursuant | 69488 |
| to this section, the department may either enter into an agreement | 69489 |
| with the entity that is to receive the funds or distribute the | 69490 |
| funds in accordance with rules adopted under division (F) of this | 69491 |
| section. If the department decides to enter into an agreement to | 69492 |
| distribute the funds, the agreement may include terms that do any | 69493 |
| of the following: | 69494 |
| (1) Provide for the whole or partial reimbursement of any | 69495 |
| cost incurred by the entity in implementing the program; | 69496 |
| (2) In the event that federal financial participation is | 69497 |
| disallowed or otherwise unavailable for any expenditure, require | 69498 |
| the department of job and family services or the entity, whichever | 69499 |
| party caused the disallowance or unavailability of federal | 69500 |
| financial participation, to assume responsibility for the | 69501 |
| expenditures; | 69502 |
| (3) Permit the department to retain not more than five per | 69503 |
| cent of the amount of the federal financial participation to be | 69504 |
| distributed to the entity; | 69505 |
| (4) Require the public entity to certify the availability of | 69506 |
| sufficient unencumbered funds to match the federal financial | 69507 |
| participation it receives under this section; | 69508 |
| (5) Establish the length of the agreement, which may be for a | 69509 |
| fixed or a continuing period of time; | 69510 |
| (6) Establish any other requirements determined by the | 69511 |
| department to be necessary for the efficient administration of the | 69512 |
| agreement. | 69513 |
| (E) An entity that receives federal financial participation | 69514 |
| pursuant to this section for a program aiding children and their | 69515 |
| families shall establish a process for collaborative planning with | 69516 |
| the department of job and family services for the use of the funds | 69517 |
| to improve and expand the program. | 69518 |
| (F) The director of job and family services shall adopt rules | 69519 |
| as necessary to implement this section, including rules for the | 69520 |
| distribution of federal financial participation pursuant to this | 69521 |
| section. The rules shall be adopted in accordance with Chapter | 69522 |
| 119. of the Revised Code. The director may adopt or amend any | 69523 |
| statewide plan required by the federal government for a program | 69524 |
| administered by the department, as necessary to implement this | 69525 |
| section. | 69526 |
| (G) Federal financial participation received pursuant to this | 69527 |
| section shall not be included in any calculation made under | 69528 |
| section 5101.16 or 5101.161 of the Revised Code. | 69529 |
| Sec. 5101.16. (A) As used in this section and sections | 69530 |
| 5101.161 and 5101.162 of the Revised Code: | 69531 |
| (1) "Disability financial assistance" means the financial | 69532 |
| assistance program established under Chapter 5115. of the Revised | 69533 |
| Code. | 69534 |
| (2) "Disability medical assistance" means the medical | 69535 |
| assistance program established under Chapter 5115. of the Revised | 69536 |
| Code. | 69537 |
| (3) " | 69538 |
| means the program administered by the department of job and family | 69539 |
| services pursuant to section 5101.54 of the Revised Code. | 69540 |
| (4) "Medicaid" means the medical assistance program | 69541 |
| established by Chapter 5111. of the Revised Code, excluding | 69542 |
| transportation services provided under that chapter. | 69543 |
| (5) "Ohio works first" means the program established by | 69544 |
| Chapter 5107. of the Revised Code. | 69545 |
| (6) "Prevention, retention, and contingency" means the | 69546 |
| program established by Chapter 5108. of the Revised Code. | 69547 |
| (7) "Public assistance expenditures" means expenditures for | 69548 |
| all of the following: | 69549 |
| (a) Ohio works first; | 69550 |
| (b) County administration of Ohio works first; | 69551 |
| (c) Prevention, retention, and contingency; | 69552 |
| (d) County administration of prevention, retention, and | 69553 |
| contingency; | 69554 |
| (e) Disability financial assistance; | 69555 |
| (f) Disability medical assistance; | 69556 |
| (g) County administration of disability financial | 69557 |
| assistance; | 69558 |
| (h) County administration of disability medical assistance; | 69559 |
| (i) County administration of | 69560 |
| nutrition assistance program; | 69561 |
| (j) County administration of medicaid. | 69562 |
| (8) "Title IV-A program" has the same meaning as in section | 69563 |
| 5101.80 of the Revised Code. | 69564 |
| (B) Each board of county commissioners shall pay the county | 69565 |
| share of public assistance expenditures in accordance with section | 69566 |
| 5101.161 of the Revised Code. Except as provided in division (C) | 69567 |
| of this section, a county's share of public assistance | 69568 |
| expenditures is the sum of all of the following for state fiscal | 69569 |
| year 1998 and each state fiscal year thereafter: | 69570 |
| (1) The amount that is twenty-five per cent of the county's | 69571 |
| total expenditures for disability financial assistance and | 69572 |
| disability medical assistance and county administration of those | 69573 |
| programs during the state fiscal year ending in the previous | 69574 |
| calendar year that the department of job and family services | 69575 |
| determines are allowable. | 69576 |
| (2) The amount that is ten per cent, or other percentage | 69577 |
| determined under division (D) of this section, of the county's | 69578 |
|
total expenditures for county
administration of | 69579 |
| supplemental nutrition assistance program and medicaid during the | 69580 |
| state fiscal year ending in the previous calendar year that the | 69581 |
| department determines are allowable, less the amount of federal | 69582 |
| reimbursement credited to the county under division (E) of this | 69583 |
| section for the state fiscal year ending in the previous calendar | 69584 |
| year; | 69585 |
| (3) A percentage of the actual amount of the county share of | 69586 |
| program and administrative expenditures during federal fiscal year | 69587 |
| 1994 for assistance and services, other than child care, provided | 69588 |
| under Titles IV-A and IV-F of the "Social Security Act," 49 Stat. | 69589 |
| 620 (1935), 42 U.S.C. 301, as those titles existed prior to the | 69590 |
| enactment of the "Personal Responsibility and Work Opportunity | 69591 |
| Reconciliation Act of 1996," 110 Stat. 2105. The department of job | 69592 |
| and family services shall determine the actual amount of the | 69593 |
| county share from expenditure reports submitted to the United | 69594 |
| States department of health and human services. The percentage | 69595 |
| shall be the percentage established in rules adopted under | 69596 |
| division (F) of this section. | 69597 |
| (C)(1) If a county's share of public assistance expenditures | 69598 |
| determined under division (B) of this section for a state fiscal | 69599 |
| year exceeds one hundred ten per cent of the county's share for | 69600 |
| those expenditures for the immediately preceding state fiscal | 69601 |
| year, the department of job and family services shall reduce the | 69602 |
| county's share for expenditures under divisions (B)(1) and (2) of | 69603 |
| this section so that the total of the county's share for | 69604 |
| expenditures under division (B) of this section equals one hundred | 69605 |
| ten per cent of the county's share of those expenditures for the | 69606 |
| immediately preceding state fiscal year. | 69607 |
| (2) A county's share of public assistance expenditures | 69608 |
| determined under division (B) of this section may be increased | 69609 |
| pursuant to section 5101.163 of the Revised Code and a sanction | 69610 |
| under section 5101.24 of the Revised Code. An increase made | 69611 |
| pursuant to section 5101.163 of the Revised Code may cause the | 69612 |
| county's share to exceed the limit established by division (C)(1) | 69613 |
| of this section. | 69614 |
| (D)(1) If the per capita tax duplicate of a county is less | 69615 |
| than the per capita tax duplicate of the state as a whole and | 69616 |
| division (D)(2) of this section does not apply to the county, the | 69617 |
| percentage to be used for the purpose of division (B)(2) of this | 69618 |
| section is the product of ten multiplied by a fraction of which | 69619 |
| the numerator is the per capita tax duplicate of the county and | 69620 |
| the denominator is the per capita tax duplicate of the state as a | 69621 |
| whole. The department of job and family services shall compute the | 69622 |
| per capita tax duplicate for the state and for each county by | 69623 |
| dividing the tax duplicate for the most recent available year by | 69624 |
| the current estimate of population prepared by the department of | 69625 |
| development. | 69626 |
| (2) If the percentage of families in a county with an annual | 69627 |
| income of less than three thousand dollars is greater than the | 69628 |
| percentage of such families in the state and division (D)(1) of | 69629 |
| this section does not apply to the county, the percentage to be | 69630 |
| used for the purpose of division (B)(2) of this section is the | 69631 |
| product of ten multiplied by a fraction of which the numerator is | 69632 |
| the percentage of families in the state with an annual income of | 69633 |
| less than three thousand dollars a year and the denominator is the | 69634 |
| percentage of such families in the county. The department of job | 69635 |
| and family services shall compute the percentage of families with | 69636 |
| an annual income of less than three thousand dollars for the state | 69637 |
| and for each county by multiplying the most recent estimate of | 69638 |
| such families published by the department of development, by a | 69639 |
| fraction, the numerator of which is the estimate of average annual | 69640 |
| personal income published by the bureau of economic analysis of | 69641 |
| the United States department of commerce for the year on which the | 69642 |
| census estimate is based and the denominator of which is the most | 69643 |
| recent such estimate published by the bureau. | 69644 |
| (3) If the per capita tax duplicate of a county is less than | 69645 |
| the per capita tax duplicate of the state as a whole and the | 69646 |
| percentage of families in the county with an annual income of less | 69647 |
| than three thousand dollars is greater than the percentage of such | 69648 |
| families in the state, the percentage to be used for the purpose | 69649 |
| of division (B)(2) of this section shall be determined as follows: | 69650 |
| (a) Multiply ten by the fraction determined under division | 69651 |
| (D)(1) of this section; | 69652 |
| (b) Multiply the product determined under division (D)(3)(a) | 69653 |
| of this section by the fraction determined under division (D)(2) | 69654 |
| of this section. | 69655 |
| (4) The department of job and family services shall | 69656 |
| determine, for each county, the percentage to be used for the | 69657 |
| purpose of division (B)(2) of this section not later than the | 69658 |
| first day of July of the year preceding the state fiscal year for | 69659 |
| which the percentage is used. | 69660 |
| (E) The department of job and family services shall credit to | 69661 |
| a county the amount of federal reimbursement the department | 69662 |
| receives from the United States departments of agriculture and | 69663 |
| health and human services for the county's expenditures for | 69664 |
|
administration of | 69665 |
| assistance program and medicaid that the department determines are | 69666 |
| allowable administrative expenditures. | 69667 |
| (F)(1) The director of job and family services shall adopt | 69668 |
| rules in accordance with section 111.15 of the Revised Code to | 69669 |
| establish all of the following: | 69670 |
| (a) The method the department is to use to change a county's | 69671 |
| share of public assistance expenditures determined under division | 69672 |
| (B) of this section as provided in division (C) of this section; | 69673 |
| (b) The allocation methodology and formula the department | 69674 |
| will use to determine the amount of funds to credit to a county | 69675 |
| under this section; | 69676 |
| (c) The method the department will use to change the payment | 69677 |
| of the county share of public assistance expenditures from a | 69678 |
| calendar-year basis to a state fiscal year basis; | 69679 |
| (d) The percentage to be used for the purpose of division | 69680 |
| (B)(3) of this section, which shall, except as provided in section | 69681 |
| 5101.163 of the Revised Code, meet both of the following | 69682 |
| requirements: | 69683 |
| (i) The percentage shall not be less than seventy-five per | 69684 |
| cent nor more than eighty-two per cent; | 69685 |
| (ii) The percentage shall not exceed the percentage that the | 69686 |
| state's qualified state expenditures is of the state's historic | 69687 |
| state expenditures as those terms are defined in 42 U.S.C. | 69688 |
| 609(a)(7). | 69689 |
| (e) Other procedures and requirements necessary to implement | 69690 |
| this section. | 69691 |
| (2) The director of job and family services may amend the | 69692 |
| rule adopted under division (F)(1)(d) of this section to modify | 69693 |
| the percentage on determination that the amount the general | 69694 |
| assembly appropriates for Title IV-A programs makes the | 69695 |
| modification necessary. The rule shall be adopted and amended as | 69696 |
| if an internal management rule and in consultation with the | 69697 |
| director of budget and management. | 69698 |
| Sec. 5101.162. Subject to available federal funds and | 69699 |
| appropriations made by the general assembly, the department of job | 69700 |
| and family services may, at its sole discretion, use available | 69701 |
| federal funds to reimburse county expenditures for county | 69702 |
|
administration of | 69703 |
| assistance program or medicaid even though the county | 69704 |
| expenditures meet or exceed the maximum allowable reimbursement | 69705 |
| amount established by rules adopted under section 5101.161 of the | 69706 |
| Revised Code. The director may adopt internal management rules in | 69707 |
| accordance with section 111.15 of the Revised Code to implement | 69708 |
| this section. | 69709 |
| Sec. 5101.26. As used in this section and in sections | 69710 |
| 5101.27 to 5101.30 of the Revised Code: | 69711 |
| (A) "County agency" means a county department of job and | 69712 |
| family services or a public children services agency. | 69713 |
| (B) "Fugitive felon" means an individual who is fleeing to | 69714 |
| avoid prosecution, or custody or confinement after conviction, | 69715 |
| under the laws of the place from which the individual is fleeing, | 69716 |
| for a crime or an attempt to commit a crime that is a felony under | 69717 |
| the laws of the place from which the individual is fleeing or, in | 69718 |
| the case of New Jersey, a high misdemeanor, regardless of whether | 69719 |
| the individual has departed from the individual's usual place of | 69720 |
| residence. | 69721 |
| (C) "Information" means records as defined in section 149.011 | 69722 |
| of the Revised Code, any other documents in any format, and data | 69723 |
| derived from records and documents that are generated, acquired, | 69724 |
| or maintained by the department of job and family services, a | 69725 |
| county agency, or an entity performing duties on behalf of the | 69726 |
| department or a county agency. | 69727 |
| (D) "Law enforcement agency" means the state highway patrol, | 69728 |
| an agency that employs peace officers as defined in section 109.71 | 69729 |
| of the Revised Code, the adult parole authority, a county | 69730 |
| department of probation, a prosecuting attorney, the attorney | 69731 |
| general, similar agencies of other states, federal law enforcement | 69732 |
| agencies, and postal inspectors. "Law enforcement agency" includes | 69733 |
| the peace officers and other law enforcement officers employed by | 69734 |
| the agency. | 69735 |
| (E) "Medical assistance provided under a public assistance | 69736 |
| program" means medical assistance provided under the programs | 69737 |
|
established under sections 5101.49, 5101.50 | 69738 |
| 69739 | |
| Chapters 5111. and 5115., or any other provision of the Revised | 69740 |
| Code. | 69741 |
| (F) "Public assistance" means financial assistance, medical | 69742 |
| assistance, or social services provided under a program | 69743 |
| administered by the department of job and family services or a | 69744 |
| county agency pursuant to Chapter 329., 5101., 5104., 5107., | 69745 |
| 5108., 5111., or 5115. of the Revised Code or an executive order | 69746 |
| issued under section 107.17 of the Revised Code. | 69747 |
| (G) "Public assistance recipient" means an applicant for or | 69748 |
| recipient or former recipient of public assistance. | 69749 |
| Sec. 5101.33. (A) As used in this section, "benefits" means | 69750 |
| any of the following: | 69751 |
| (1) Cash assistance paid under Chapter 5107. or 5115. of the | 69752 |
| Revised Code; | 69753 |
| (2) | 69754 |
| benefits provided under section 5101.54 of the Revised Code; | 69755 |
| (3) Any other program administered by the department of job | 69756 |
| and family services under which assistance is provided or service | 69757 |
| rendered; | 69758 |
| (4) Any other program, service, or assistance administered by | 69759 |
| a person or government entity that the department determines may | 69760 |
| be delivered through the medium of electronic benefit transfer. | 69761 |
| (B) The department of job and family services may make any | 69762 |
| payment or delivery of benefits to eligible individuals through | 69763 |
| the medium of electronic benefit transfer by doing all of the | 69764 |
| following: | 69765 |
| (1) Contracting with an agent to supply debit cards to the | 69766 |
| department of job and family services for use by such individuals | 69767 |
| in accessing their benefits and to credit such cards | 69768 |
| electronically with the amounts specified by the director of job | 69769 |
| and family services pursuant to law; | 69770 |
| (2) Informing such individuals about the use of the | 69771 |
| electronic benefit transfer system and furnishing them with debit | 69772 |
| cards and information that will enable them to access their | 69773 |
| benefits through the system; | 69774 |
| (3) Arranging with specific financial institutions or | 69775 |
| vendors, county departments of job and family services, or persons | 69776 |
| or government entities for individuals to have their cards | 69777 |
| credited electronically with the proper amounts at their | 69778 |
| facilities; | 69779 |
| (4) Periodically preparing vouchers for the payment of such | 69780 |
| benefits by electronic benefit transfer; | 69781 |
| (5) Satisfying any applicable requirements of federal and | 69782 |
| state law. | 69783 |
| (C) The department may enter into a written agreement with | 69784 |
| any person or government entity to provide benefits administered | 69785 |
| by that person or entity through the medium of electronic benefit | 69786 |
| transfer. A written agreement may require the person or government | 69787 |
| entity to pay to the department either or both of the following: | 69788 |
| (1) A charge that reimburses the department for all costs the | 69789 |
| department incurs in having the benefits administered by the | 69790 |
| person or entity provided through the electronic benefit transfer | 69791 |
| system; | 69792 |
| (2) A fee for having the benefits provided through the | 69793 |
| electronic benefit transfer system. | 69794 |
| (D) The department may designate which counties will | 69795 |
| participate in the medium of electronic benefit transfer, specify | 69796 |
| the date a designated county will begin participation, and specify | 69797 |
| which benefits will be provided through the medium of electronic | 69798 |
| benefit transfer in a designated county. | 69799 |
| (E) The department may adopt rules in accordance with Chapter | 69800 |
| 119. of the Revised Code for the efficient administration of this | 69801 |
| section. | 69802 |
| Sec. 5101.34. (A) There is hereby created in the department | 69803 |
| of job and family services the Ohio commission on fatherhood. The | 69804 |
| commission shall consist of the following members: | 69805 |
| (1)(a) Four members of the house of representatives appointed | 69806 |
| by the speaker of the house, not more than two of whom are members | 69807 |
| of the same political party. Two of the members must be from | 69808 |
| legislative districts that include a county or part of a county | 69809 |
| that is among the one-third of counties in this state with the | 69810 |
| highest number per capita of households headed by females. | 69811 |
| (b) Two members of the senate appointed by the president of | 69812 |
| the senate, each from a different political party. One of the | 69813 |
| members must be from a legislative district that includes a county | 69814 |
| or part of a county that is among the one-third of counties in | 69815 |
| this state with the highest number per capita of households headed | 69816 |
| by females. | 69817 |
| (2) The governor, or the governor's designee; | 69818 |
| (3) One representative of the judicial branch of government | 69819 |
| appointed by the chief justice of the supreme court; | 69820 |
| (4) The directors of health, job and family services, | 69821 |
| rehabilitation and correction, alcohol and drug addiction | 69822 |
| services, and youth services and the superintendent of public | 69823 |
| instruction, or their designees; | 69824 |
| (5) One representative of the Ohio family and children first | 69825 |
| cabinet council created under section 121.37 of the Revised Code | 69826 |
| appointed by the chairperson of the council; | 69827 |
| (6) Five representatives of the general public appointed by | 69828 |
| the governor. These members shall have extensive experience in | 69829 |
| issues related to fatherhood. | 69830 |
| (B) The appointing authorities of the Ohio commission on | 69831 |
| fatherhood shall make initial appointments to the commission | 69832 |
|
within thirty days after | 69833 |
| September29, 1999. Of the initial appointments to the commission | 69834 |
| made pursuant to divisions (A)(3), (5), and (6) of this section, | 69835 |
| three of the members shall serve a term of one year and four shall | 69836 |
| serve a term of two years. Members so appointed subsequently shall | 69837 |
| serve two-year terms. A member appointed pursuant to division | 69838 |
| (A)(1) of this section shall serve on the commission until the end | 69839 |
| of the general assembly from which the member was appointed or | 69840 |
| until the member ceases to serve in the chamber of the general | 69841 |
| assembly in which the member serves at the time of appointment, | 69842 |
| whichever occurs first. The governor or the governor's designee | 69843 |
| shall serve on the commission until the governor ceases to be | 69844 |
| governor. The directors and superintendent or their designees | 69845 |
| shall serve on the commission until they cease, or the director or | 69846 |
| superintendent a designee represents ceases, to be director or | 69847 |
| superintendent. Each member shall serve on the commission from the | 69848 |
| date of appointment until the end of the term for which the member | 69849 |
| was appointed. Members may be reappointed. | 69850 |
| Vacancies shall be filled in the manner provided for original | 69851 |
| appointments. Any member appointed to fill a vacancy occurring | 69852 |
| prior to the expiration date of the term for which the member's | 69853 |
| predecessor was appointed shall serve on the commission for the | 69854 |
| remainder of that term. A member shall continue to serve on the | 69855 |
| commission subsequent to the expiration date of the member's term | 69856 |
| until the member's successor is appointed or until a period of | 69857 |
| sixty days has elapsed, whichever occurs first. Members shall | 69858 |
| serve without compensation but shall be reimbursed for necessary | 69859 |
| expenses. | 69860 |
| Sec. 5101.47. (A) Except as provided in division (B) of | 69861 |
| this section, the director of job and family services may accept | 69862 |
| applications, determine eligibility, redetermine eligibility, and | 69863 |
| perform related administrative activities for one or more of the | 69864 |
| following: | 69865 |
| (1) The medicaid program established by Chapter 5111. of the | 69866 |
| Revised Code; | 69867 |
| (2) The children's health insurance program parts I, II, and | 69868 |
| III provided for under sections 5101.50, 5101.51, and 5101.52 of | 69869 |
| the Revised Code; | 69870 |
| (3) Publicly funded child care provided under Chapter 5104. | 69871 |
| of the Revised Code; | 69872 |
| (4) The | 69873 |
| administered by the department of job and family services | 69874 |
| pursuant to section 5101.54 of the Revised Code; | 69875 |
| (5) Other programs the director determines are supportive of | 69876 |
| children, adults, or families; | 69877 |
| (6) Other programs regarding which the director determines | 69878 |
| administrative cost savings and efficiency may be achieved through | 69879 |
| the department accepting applications, determining eligibility, | 69880 |
| redetermining eligibility, or performing related administrative | 69881 |
| activities. | 69882 |
| (B) If federal law requires a face-to-face interview to | 69883 |
| complete an eligibility determination for a program specified in | 69884 |
| or pursuant to division (A) of this section, the face-to-face | 69885 |
| interview shall not be conducted by the department of job and | 69886 |
| family services. | 69887 |
| (C) Subject to division (B) of this section, if the director | 69888 |
| elects to accept applications, determine eligibility, redetermine | 69889 |
| eligibility, and perform related administrative activities for a | 69890 |
| program specified in or pursuant to division (A) of this section, | 69891 |
| both of the following apply: | 69892 |
| (1) An individual seeking services under the program may | 69893 |
| apply for the program to the director or to the entity that state | 69894 |
| law governing the program authorizes to accept applications for | 69895 |
| the program. | 69896 |
| (2) The director is subject to federal statutes and | 69897 |
| regulations and state statutes and rules that require, permit, or | 69898 |
| prohibit an action regarding accepting applications, determining | 69899 |
| or redetermining eligibility, and performing related | 69900 |
| administrative activities for the program. | 69901 |
| (D) The director may adopt rules as necessary to implement | 69902 |
| this section. | 69903 |
| Sec. 5101.50. (A) As used in sections
5101.50 to
| 69904 |
| 5101.5210 of the Revised Code: | 69905 |
| (1) "Children's health insurance program" means the program | 69906 |
| authorized by Title XXI of the "Social Security Act," 111 Stat. | 69907 |
| 552 (1997), 42 U.S.C.A. 1397aa. | 69908 |
| (2) "Federal poverty guidelines" has the same meaning as in | 69909 |
| section 5101.46 of the Revised Code. | 69910 |
| (B) The director of job and family services may continue to | 69911 |
| operate the children's health insurance program initially | 69912 |
| authorized by an executive order issued under section 107.17 of | 69913 |
| the Revised Code as long as federal financial participation is | 69914 |
| available for the program. If operated, the program shall provide | 69915 |
| health assistance to uninsured individuals under nineteen years of | 69916 |
| age with family incomes not exceeding one hundred fifty per cent | 69917 |
| of the federal poverty guidelines. In accordance with 42 U.S.C.A. | 69918 |
| 1397aa, the director may provide for the health assistance to meet | 69919 |
| the requirements of 42 U.S.C.A. 1397cc, to be provided under the | 69920 |
| medicaid program established under Chapter 5111. of the Revised | 69921 |
| Code, or to be a combination of both. | 69922 |
| Sec. 5101.504. (A) A school-based health center, as defined | 69923 |
| in 42 U.S.C. 1397jj(c)(9), may furnish health assistance services | 69924 |
| that the children's health insurance program part I covers if the | 69925 |
| center meets the requirements applicable to other providers | 69926 |
| providing those services. | 69927 |
| (B) The director may adopt rules under section 5101.502 of | 69928 |
| the Revised Code pertaining to the billing, reimbursement, and | 69929 |
| data collection for school-based health centers. | 69930 |
| Sec. 5101.5110. (A) A school-based health center, as defined | 69931 |
| in 42 U.S.C. 1397jj(c)(9), may furnish health assistance services | 69932 |
| that the children's health insurance program part II covers if the | 69933 |
| center meets the requirements applicable to other providers | 69934 |
| providing those services. | 69935 |
| (B) The director may adopt rules under section 5101.512 of | 69936 |
| the Revised Code pertaining to the billing, reimbursement, and | 69937 |
| data collection for school-based health centers. | 69938 |
| | 69939 |
| services may submit a waiver request to the United States | 69940 |
| secretary of health and human services to provide health | 69941 |
| assistance to any individual who meets all of the following | 69942 |
| requirements: | 69943 |
| (1) Is the parent of a child under nineteen years of age who | 69944 |
| resides with the parent and is eligible for health assistance | 69945 |
| under the children's health insurance program part I or II or the | 69946 |
| medicaid program established under Chapter 5111. of the Revised | 69947 |
| Code; | 69948 |
| (2) Is uninsured; | 69949 |
| (3) Has a family income that does not exceed one hundred per | 69950 |
| cent of the federal poverty guidelines. | 69951 |
| (B) A waiver request the director submits under division (A) | 69952 |
| of this section may seek federal funds allotted to the state under | 69953 |
| Title XXI of the "Social Security Act," 111 Stat. 558 (1997), 42 | 69954 |
| U.S.C.A. 1397dd, as amended, that are not otherwise used to fund | 69955 |
| the children's health insurance program parts I and II. | 69956 |
| (C) If a waiver request the director submits under division | 69957 |
| (A) of this section is granted, the director may adopt rules in | 69958 |
| accordance with Chapter 119. of the Revised Code as necessary for | 69959 |
| the efficient administration of the program authorization by the | 69960 |
| waiver. | 69961 |
| Sec. 5101.5210. (A) A school-based health center, as defined | 69962 |
| in 42 U.S.C. 1397jj(c)(9), may furnish health assistance services | 69963 |
| that the children's health insurance program part III covers if | 69964 |
| the center meets the requirements applicable to other providers | 69965 |
| providing those services. | 69966 |
| (B) The director may adopt rules under section 5101.522 of | 69967 |
| the Revised Code pertaining to the billing, reimbursement, and | 69968 |
| data collection for school-based health centers. | 69969 |
| Sec. 5101.5212. Under the children's buy-in program and | 69970 |
| subject to section 5101.5213 of the Revised Code, an individual | 69971 |
| who does both of the following in accordance with rules adopted | 69972 |
| under section 5101.5215 of the Revised Code qualifies for | 69973 |
| medical assistance under the program, unless the director of job | 69974 |
| and family services has adopted rules under division (B) of | 69975 |
| section 5101.5215 of the Revised Code to limit the number of | 69976 |
| individuals who may participate in the program at one time and the | 69977 |
| program is serving the maximum number of individuals specified in | 69978 |
| the rules: | 69979 |
| (A) Applies for the children's buy-in program; | 69980 |
| (B) Provides satisfactory evidence of all of the following: | 69981 |
| (1) That the individual is under nineteen years of age; | 69982 |
| (2) That the individual's countable family income exceeds | 69983 |
| 69984 | |
| guidelines; | 69985 |
| (3) That the individual has not had creditable coverage for | 69986 |
| at least six months before enrolling in the children's buy-in | 69987 |
| program, unless the individual lost the only creditable coverage | 69988 |
| available to the individual because the individual exhausted a | 69989 |
| lifetime benefit limitation; | 69990 |
| (4) That one or more of the following apply to the | 69991 |
| individual: | 69992 |
| (a) The individual is unable to obtain creditable coverage | 69993 |
| due to a pre-existing condition of the individual; | 69994 |
| (b) The individual lost the only creditable coverage | 69995 |
| available to the individual because the individual has exhausted | 69996 |
| a lifetime benefit limitation; | 69997 |
| (c) The premium for the only creditable coverage available to | 69998 |
| the individual is greater than two hundred per cent of the premium | 69999 |
| applicable to the individual under the children's buy-in program; | 70000 |
| (d) The individual participates in the program for medically | 70001 |
| handicapped children. | 70002 |
| (5) That the individual meets the additional eligibility | 70003 |
| requirements for the children's buy-in program established in | 70004 |
| rules adopted under section 5101.5215 of the Revised Code. | 70005 |
| Sec. 5101.5213. (A) An individual participating in the | 70006 |
| children's buy-in program shall be charged a monthly premium | 70007 |
| established by rules adopted under section 5101.5215 of the | 70008 |
| Revised Code. The amount of the monthly premium shall not be less | 70009 |
| than the following: | 70010 |
| (1) In the case of an individual with countable family income | 70011 |
|
exceeding
| 70012 |
| four hundred per cent of the federal poverty guidelines, the | 70013 |
| following amount: | 70014 |
| (a) If no other member of the individual's family receives | 70015 |
| medical assistance under the program with the individual, one | 70016 |
| hundred dollars; | 70017 |
| (b) If one or more members of the individual's family receive | 70018 |
| medical assistance under the program with the individual, one | 70019 |
| hundred fifty dollars. | 70020 |
| (2) In the case of an individual with countable family income | 70021 |
| exceeding four hundred per cent but not exceeding five hundred | 70022 |
| per cent of the federal poverty guidelines, the following | 70023 |
| amount: | 70024 |
| (a) If no other member of the individual's family receives | 70025 |
| medical assistance under the program with the individual, one | 70026 |
| hundred twenty-five dollars; | 70027 |
| (b) If one or more members of the individual's family receive | 70028 |
| medical assistance under the program with the individual, one | 70029 |
| hundred seventy-five dollars. | 70030 |
| (3) In the case of an individual with countable family | 70031 |
| income exceeding five hundred per cent of the federal poverty | 70032 |
| guidelines, the full amount of the actuarially determined cost | 70033 |
| of the premium. | 70034 |
| (B) If the premium for the children's buy-in program is not | 70035 |
| paid for two consecutive months, the individual shall lose | 70036 |
| eligibility for the program. The individual may not resume | 70037 |
| participation in the program until the unpaid premiums that | 70038 |
| accrued before the individual lost eligibility are paid. | 70039 |
| Sec. 5101.54. (A) The director of job and family services | 70040 |
|
shall administer the | 70041 |
|
program in
accordance with the
| 70042 |
| 70043 | |
| The department may: | 70044 |
| (1) Prepare and submit to the secretary of the United States | 70045 |
| department of agriculture a plan for the administration of the | 70046 |
| 70047 |
| (2) Prescribe forms for applications, certificates, reports, | 70048 |
| records, and accounts of county departments of job and family | 70049 |
| services, and other matters; | 70050 |
| (3) Require such reports and information from each county | 70051 |
| department of job and family services as may be necessary and | 70052 |
| advisable; | 70053 |
| (4) Administer and expend any sums appropriated by the | 70054 |
|
general assembly for the purposes of | 70055 |
| nutrition assistance program and all sums paid to the state by the | 70056 |
|
United States as authorized by the Food
| 70057 |
| 70058 |
| (5) Conduct such investigations as are necessary; | 70059 |
| (6) Enter into interagency agreements and cooperate with | 70060 |
| investigations conducted by the department of public safety, | 70061 |
| including providing information for investigative purposes, | 70062 |
| exchanging property and records, passing through federal financial | 70063 |
| participation, modifying any agreements with the United States | 70064 |
| department of agriculture, providing for the supply, security, and | 70065 |
|
accounting of | 70066 |
| benefits for investigative purposes, and meeting any other | 70067 |
| requirements necessary for the detection and deterrence of illegal | 70068 |
|
activities in the | 70069 |
| assistance program; | 70070 |
| (7) Adopt rules in accordance with Chapter 119. of the | 70071 |
| Revised Code governing employment and training requirements of | 70072 |
|
recipients of | 70073 |
| benefits, including rules specifying which recipients are subject | 70074 |
| to the requirements and establishing sanctions for failure to | 70075 |
| satisfy the requirements. The rules shall be consistent with 7 | 70076 |
|
U.S.C. | 70077 |
| 70078 | |
| developmental activities, and alternative work activities | 70079 |
| established under sections 5107.40 to 5107.69 of the Revised Code | 70080 |
|
that are comparable to programs
authorized by 7
U.S.C. | 70081 |
| 2015(d)(4). The rules may reference rules adopted under section | 70082 |
| 5107.05 of the Revised Code governing work activities, | 70083 |
| developmental activities, and alternative work activities | 70084 |
| established under sections 5107.40 to 5107.69 of the Revised Code. | 70085 |
| (8) Adopt rules in accordance with section 111.15 of the | 70086 |
|
Revised Code that are consistent with the
Food | 70087 |
|
Act of | 70088 |
| governing the following: | 70089 |
| (a) Eligibility requirements for the | 70090 |
| nutrition assistance program; | 70091 |
| (b) Sanctions for failure to comply with eligibility | 70092 |
| requirements; | 70093 |
| (c) Allotment of | 70094 |
| program benefits; | 70095 |
| (d) To the extent permitted under federal statutes and | 70096 |
|
regulations, a system under which some or all recipients of | 70097 |
| 70098 | |
| to employment and training requirements established by rules | 70099 |
|
adopted under division (A)(7) of
this section
receive | 70100 |
| the benefits after satisfying the requirements; | 70101 |
| (e) Administration of the program by county departments of | 70102 |
| job and family services; | 70103 |
| (f) Other requirements necessary for the efficient | 70104 |
| administration of the program. | 70105 |
| (9) Submit a plan to the United States secretary of | 70106 |
| agriculture for the department of job and family services to | 70107 |
|
operate a simplified | 70108 |
|
program pursuant to 7
U.S.C. | 70109 |
| governing the Ohio works first program established under Chapter | 70110 |
|
5107. of the Revised
Code also
govern the | 70111 |
| nutrition assistance program in the case of households receiving | 70112 |
| 70113 | |
| participating in Ohio works first. | 70114 |
| (B) | 70115 |
| 70116 | |
| 70117 | |
| 70118 | |
| 70119 | |
| 70120 | |
| 70121 | |
| 70122 |
| | 70123 |
| 70124 | |
| 70125 | |
|
that is determined to be in
immediate need of | 70126 |
| assistance, shall receive certification of eligibility for program | 70127 |
| benefits, pending verification, within twenty-four hours, or, if | 70128 |
| mitigating circumstances occur, within seventy-two hours, after | 70129 |
| application, if: | 70130 |
| (1) The results of the application interview indicate that | 70131 |
| the household will be eligible upon full verification; | 70132 |
| (2) Information sufficient to confirm the statements in the | 70133 |
| application has been obtained from at least one additional source, | 70134 |
| not a member of the applicant's household. Such information shall | 70135 |
| be recorded in the case file, and shall include: | 70136 |
| (a) The name of the person who provided the name of the | 70137 |
| information source; | 70138 |
| (b) The name and address of the information source; | 70139 |
| (c) A summary of the information obtained. | 70140 |
| The period of temporary eligibility shall not exceed one | 70141 |
| month from the date of certification of temporary eligibility. If | 70142 |
| eligibility is established by full verification, benefits shall | 70143 |
| continue without interruption as long as eligibility continues. | 70144 |
| At the time of application, the county department of job and | 70145 |
| family services shall provide to a household described in this | 70146 |
| division a list of community assistance programs that provide | 70147 |
| emergency food. | 70148 |
| | 70149 |
| full verification within thirty days from receipt of the | 70150 |
| application by the county department of job and family services. | 70151 |
| | 70152 |
| the certification of households that qualify under federal | 70153 |
|
regulations to receive | 70154 |
|
assistance program benefits without charge under the
| 70155 |
| and Nutrition Act of | 70156 |
| 70157 |
| | 70158 |
| 70159 | |
| receive a voter registration application under section 3503.10 of | 70160 |
| the Revised Code. | 70161 |
| Sec. 5101.541. The | 70162 |
| assistance program fund is hereby created in the state treasury. | 70163 |
|
The fund shall consist of federal
reimbursement for | 70164 |
| supplemental nutrition assistance program administrative expenses | 70165 |
|
and
other | 70166 |
| expenses. The department of job and family services shall use the | 70167 |
|
money credited to the fund to pay
for | 70168 |
| nutrition assistance program administrative expenses and other | 70169 |
| 70170 |
| Sec. 5101.542. Immediately following a county department of | 70171 |
| job and family services' certification that a household determined | 70172 |
| under division (B) of section 5101.54 of the Revised Code to be in | 70173 |
| immediate need of nutrition assistance is eligible for the | 70174 |
| supplemental nutrition assistance program, the department of job | 70175 |
| and family services shall provide for the household to be sent by | 70176 |
| regular United States mail an electronic benefit transfer card | 70177 |
| containing the amount of benefits the household is eligible to | 70178 |
| receive under the program. The card shall be sent to the member | 70179 |
| of the household in whose name application for the supplemental | 70180 |
| nutrition assistance program was made or that member's authorized | 70181 |
| representative. | 70182 |
| Sec. 5101.544. If the benefits of a household are reduced | 70183 |
| under a federal, state, or local means-tested public assistance | 70184 |
| program for failure of a member of the household to perform an | 70185 |
| action required under the program, the household may not receive, | 70186 |
|
for
the duration of the reduction, an increased allotment of | 70187 |
| 70188 | |
| result of a decrease in the income of the household to the extent | 70189 |
| that the decrease is the result of the reduction. | 70190 |
| The department of job and family services shall adopt rules | 70191 |
| in accordance with Chapter 119. of the Revised Code to implement | 70192 |
|
this section. The rules shall be
consistent with 7 U.S.C. | 70193 |
| 2017(d) and federal regulations. | 70194 |
| Sec. 5101.571. As used in sections 5101.571 to 5101.591 of | 70195 |
| the Revised Code: | 70196 |
| (A) "Information" means all of the following: | 70197 |
| (1) An individual's name, address, date of birth, and social | 70198 |
| security number; | 70199 |
| (2) The group or plan number, or other identifier, assigned | 70200 |
| by a third party to a policy held by an individual or a plan in | 70201 |
| which the individual participates and the nature of the coverage; | 70202 |
| (3) Any other data the director of job and family services | 70203 |
| specifies in rules adopted under section 5101.591 of the Revised | 70204 |
| Code. | 70205 |
| (B) "Medical assistance" means medical items or services | 70206 |
| provided under any of the following: | 70207 |
| (1) Medicaid, as defined in section 5111.01 of the Revised | 70208 |
| Code; | 70209 |
| (2) The children's health insurance program part I, part II, | 70210 |
|
and part III established under sections 5101.50 | 70211 |
| 5101.51, and 5101.52 of the Revised Code; | 70212 |
| (3) The disability medical assistance program established | 70213 |
| under Chapter 5115. of the Revised Code; | 70214 |
| (4) The children's buy-in program established under sections | 70215 |
| 5101.5211 to 5101.5216 of the Revised Code. | 70216 |
| (C) "Medical support" means support specified as support for | 70217 |
| the purpose of medical care by order of a court or administrative | 70218 |
| agency. | 70219 |
| (D) "Public assistance" means medical assistance or | 70220 |
| assistance under the Ohio works first program established under | 70221 |
| Chapter 5107. of the Revised Code. | 70222 |
| (E)(1) Subject to division (E)(2) of this section, and except | 70223 |
| as provided in division (E)(3) of this section, "third party" | 70224 |
| means all of the following: | 70225 |
| (a) A person authorized to engage in the business of sickness | 70226 |
| and accident insurance under Title XXXIX of the Revised Code; | 70227 |
| (b) A person or governmental entity providing coverage for | 70228 |
| medical services or items to individuals on a self-insurance | 70229 |
| basis; | 70230 |
| (c) A health insuring corporation as defined in section | 70231 |
| 1751.01 of the Revised Code; | 70232 |
| (d) A group health plan as defined in 29 U.S.C. 1167; | 70233 |
| (e) A service benefit plan as referenced in 42 U.S.C. | 70234 |
| 1396a(a)(25); | 70235 |
| (f) A managed care organization; | 70236 |
| (g) A pharmacy benefit manager; | 70237 |
| (h) A third party administrator; | 70238 |
| (i) Any other person or governmental entity that is, by law, | 70239 |
| contract, or agreement, responsible for the payment or processing | 70240 |
| of a claim for a medical item or service for a public assistance | 70241 |
| recipient or participant. | 70242 |
| (2) Except when otherwise provided by 42 U.S.C. 1395y(b), a | 70243 |
| person or governmental entity listed in division (E)(1) of this | 70244 |
| section is a third party even if the person or governmental entity | 70245 |
| limits or excludes payments for a medical item or service in the | 70246 |
| case of a public assistance recipient. | 70247 |
| (3) "Third party" does not include the program for medically | 70248 |
| handicapped children established under section 3701.023 of the | 70249 |
| Revised Code. | 70250 |
| Sec. 5101.573. (A) Subject to divisions (B) and (C) of this | 70251 |
| section, a third party shall do all of the following: | 70252 |
| (1) Accept the department of job and family services' right | 70253 |
| of recovery under section 5101.58 of the Revised Code and the | 70254 |
| assignment of rights to the department that are described in | 70255 |
|
section 5101.59 of the Revised Code | 70256 |
| (2) Respond to an inquiry by the department regarding a claim | 70257 |
| for payment of a medical item or service that was submitted to the | 70258 |
| third party not later than three years after the date of the | 70259 |
| provision of such medical item or service; | 70260 |
| (3) Pay a claim described in division (A)(2) of this section; | 70261 |
| (4) Not deny a claim submitted by the department solely on | 70262 |
| the basis of the date of submission of the claim, type or format | 70263 |
| of the claim form, or a failure by the medical assistance | 70264 |
| recipient who is the subject of the claim to present proper | 70265 |
| documentation of coverage at the time of service, if both of the | 70266 |
| following are true: | 70267 |
| (a) The claim was submitted by the department not later than | 70268 |
| three years after the date of the provision of the medical item or | 70269 |
|
service | 70270 |
| (b) An action by the department to enforce its right of | 70271 |
| recovery under section 5101.58 of the Revised Code on the claim | 70272 |
| was commenced not later than six years after the department's | 70273 |
| submission of the claim. | 70274 |
| (5) Consider the department's payment of a claim for a | 70275 |
| medical item or service to be the equivalent of the medical | 70276 |
| assistance recipient having obtained prior authorization for the | 70277 |
| item or service from the third party; | 70278 |
| (6) Not deny a claim described in division (A)(5) of this | 70279 |
| section that is submitted by the department solely on the basis of | 70280 |
| the medical assistance recipient's failure to obtain prior | 70281 |
| authorization for the medical item or service. | 70282 |
| (B) For purposes of the requirements in division (A) of this | 70283 |
| section, a third party shall treat a managed care organization as | 70284 |
| the department for a claim in which both of the following are | 70285 |
| true: | 70286 |
| (1) The individual who is the subject of the claim received a | 70287 |
| medical item or service through a managed care organization that | 70288 |
| has entered into a contract with the department of job and family | 70289 |
|
services under section | 70290 |
| (2) The department has assigned its right of recovery for the | 70291 |
| claim to the managed care organization. | 70292 |
| (C) The time limitations associated with the requirements in | 70293 |
| divisions (A)(2) and (A)(4) of this section apply only to | 70294 |
| submissions of claims to, and payments of claims by, a health | 70295 |
| insurer to which 42 U.S.C. 1396a(a)(25)(I) applies. | 70296 |
| Sec. 5101.60. As used in sections 5101.60 to 5101.71 of the | 70297 |
| Revised Code: | 70298 |
| (A) "Abuse" means the infliction upon an adult by self or | 70299 |
| others of injury, unreasonable confinement, intimidation, or cruel | 70300 |
| punishment with resulting physical harm, pain, or mental anguish. | 70301 |
| (B) "Adult" means any person sixty years of age or older | 70302 |
| within this state who is handicapped by the infirmities of aging | 70303 |
| or who has a physical or mental impairment which prevents the | 70304 |
| person from providing for the person's own care or protection, and | 70305 |
| who resides in an independent living arrangement. An "independent | 70306 |
| living arrangement" is a domicile of a person's own choosing, | 70307 |
| including, but not limited to, a private home, apartment, trailer, | 70308 |
|
or
rooming house. | 70309 |
| An
"independent living arrangement" includes | 70310 |
| 70311 | |
| 70312 | |
|
include other institutions or facilities licensed by the
state | 70313 |
| facilities in which a person resides as a result of voluntary, | 70314 |
|
civil, or criminal commitment. | 70315 |
| 70316 | |
| 70317 |
| (C) "Caretaker" means the person assuming the responsibility | 70318 |
| for the care of an adult on a voluntary basis, by contract, | 70319 |
| through receipt of payment for care, as a result of a family | 70320 |
| relationship, or by order of a court of competent jurisdiction. | 70321 |
| (D) "Court" means the probate court in the county where an | 70322 |
| adult resides. | 70323 |
| (E) "Emergency" means that the adult is living in conditions | 70324 |
| which present a substantial risk of immediate and irreparable | 70325 |
| physical harm or death to self or any other person. | 70326 |
| (F) "Emergency services" means protective services furnished | 70327 |
| to an adult in an emergency. | 70328 |
| (G) "Exploitation" means the unlawful or improper act of a | 70329 |
| caretaker using an adult or an adult's resources for monetary or | 70330 |
| personal benefit, profit, or gain. | 70331 |
| (H) "In need of protective services" means an adult known or | 70332 |
| suspected to be suffering from abuse, neglect, or exploitation to | 70333 |
| an extent that either life is endangered or physical harm, mental | 70334 |
| anguish, or mental illness results or is likely to result. | 70335 |
| (I) "Incapacitated person" means a person who is impaired for | 70336 |
| any reason to the extent that the person lacks sufficient | 70337 |
| understanding or capacity to make and carry out reasonable | 70338 |
| decisions concerning the person's self or resources, with or | 70339 |
| without the assistance of a caretaker. Refusal to consent to the | 70340 |
| provision of services shall not be the sole determinative that the | 70341 |
| person is incapacitated. "Reasonable decisions" are decisions made | 70342 |
| in daily living which facilitate the provision of food, shelter, | 70343 |
| clothing, and health care necessary for life support. | 70344 |
| (J) "Mental illness" means a substantial disorder of thought, | 70345 |
| mood, perception, orientation, or memory that grossly impairs | 70346 |
| judgment, behavior, capacity to recognize reality, or ability to | 70347 |
| meet the ordinary demands of life. | 70348 |
| (K) "Neglect" means the failure of an adult to provide for | 70349 |
| self the goods or services necessary to avoid physical harm, | 70350 |
| mental anguish, or mental illness or the failure of a caretaker to | 70351 |
| provide such goods or services. | 70352 |
| (L) "Peace officer" means a peace officer as defined in | 70353 |
| section 2935.01 of the Revised Code. | 70354 |
| (M) "Physical harm" means bodily pain, injury, impairment, or | 70355 |
| disease suffered by an adult. | 70356 |
| (N) "Protective services" means services provided by the | 70357 |
| county department of job and family services or its designated | 70358 |
| agency to an adult who has been determined by evaluation to | 70359 |
| require such services for the prevention, correction, or | 70360 |
| discontinuance of an act of as well as conditions resulting from | 70361 |
| abuse, neglect, or exploitation. Protective services may include, | 70362 |
| but are not limited to, case work services, medical care, mental | 70363 |
| health services, legal services, fiscal management, home health | 70364 |
| care, homemaker services, housing-related services, guardianship | 70365 |
| services, and placement services as well as the provision of such | 70366 |
| commodities as food, clothing, and shelter. | 70367 |
| (O) "Working day" means Monday, Tuesday, Wednesday, Thursday, | 70368 |
| and Friday, except when such day is a holiday as defined in | 70369 |
| section 1.14 of the Revised Code. | 70370 |
| Sec. 5101.61. (A) As used in this section: | 70371 |
| (1) "Senior service provider" means any person who provides | 70372 |
| care or services to a person who is an adult as defined in | 70373 |
| division (B) of section 5101.60 of the Revised Code. | 70374 |
| (2) "Ambulatory health facility" means a nonprofit, public or | 70375 |
| proprietary freestanding organization or a unit of such an agency | 70376 |
| or organization that: | 70377 |
| (a) Provides preventive, diagnostic, therapeutic, | 70378 |
| rehabilitative, or palliative items or services furnished to an | 70379 |
| outpatient or ambulatory patient, by or under the direction of a | 70380 |
| physician or dentist in a facility which is not a part of a | 70381 |
| hospital, but which is organized and operated to provide medical | 70382 |
| care to outpatients; | 70383 |
| (b) Has health and medical care policies which are developed | 70384 |
| with the advice of, and with the provision of review of such | 70385 |
| policies, an advisory committee of professional personnel, | 70386 |
| including one or more physicians, one or more dentists, if dental | 70387 |
| care is provided, and one or more registered nurses; | 70388 |
| (c) Has a medical director, a dental director, if dental care | 70389 |
| is provided, and a nursing director responsible for the execution | 70390 |
| of such policies, and has physicians, dentists, nursing, and | 70391 |
| ancillary staff appropriate to the scope of services provided; | 70392 |
| (d) Requires that the health care and medical care of every | 70393 |
| patient be under the supervision of a physician, provides for | 70394 |
| medical care in a case of emergency, has in effect a written | 70395 |
| agreement with one or more hospitals and other centers or clinics, | 70396 |
| and has an established patient referral system to other resources, | 70397 |
| and a utilization review plan and program; | 70398 |
| (e) Maintains clinical records on all patients; | 70399 |
| (f) Provides nursing services and other therapeutic services | 70400 |
| in accordance with programs and policies, with such services | 70401 |
| supervised by a registered professional nurse, and has a | 70402 |
| registered professional nurse on duty at all times of clinical | 70403 |
| operations; | 70404 |
| (g) Provides approved methods and procedures for the | 70405 |
| dispensing and administration of drugs and biologicals; | 70406 |
| (h) Has established an accounting and record keeping system | 70407 |
| to determine reasonable and allowable costs; | 70408 |
| (i) "Ambulatory health facilities" also includes an | 70409 |
| alcoholism treatment facility approved by the joint commission on | 70410 |
| accreditation of healthcare organizations as an alcoholism | 70411 |
| treatment facility or certified by the department of alcohol and | 70412 |
| drug addiction services, and such facility shall comply with other | 70413 |
| provisions of this division not inconsistent with such | 70414 |
| accreditation or certification. | 70415 |
| (3) "Community mental health facility" means a facility which | 70416 |
| provides community mental health services and is included in the | 70417 |
| comprehensive mental health plan for the alcohol, drug addiction, | 70418 |
| and mental health service district in which it is located. | 70419 |
| (4) "Community mental health service" means services, other | 70420 |
| than inpatient services, provided by a community mental health | 70421 |
| facility. | 70422 |
| (5) "Home health agency" means an institution or a distinct | 70423 |
| part of an institution operated in this state which: | 70424 |
| (a) Is primarily engaged in providing home health services; | 70425 |
| (b) Has home health policies which are established by a group | 70426 |
| of professional personnel, including one or more duly licensed | 70427 |
| doctors of medicine or osteopathy and one or more registered | 70428 |
| professional nurses, to govern the home health services it | 70429 |
| provides and which includes a requirement that every patient must | 70430 |
| be under the care of a duly licensed doctor of medicine or | 70431 |
| osteopathy; | 70432 |
| (c) Is under the supervision of a duly licensed doctor of | 70433 |
| medicine or doctor of osteopathy or a registered professional | 70434 |
| nurse who is responsible for the execution of such home health | 70435 |
| policies; | 70436 |
| (d) Maintains comprehensive records on all patients; | 70437 |
| (e) Is operated by the state, a political subdivision, or an | 70438 |
| agency of either, or is operated not for profit in this state and | 70439 |
| is licensed or registered, if required, pursuant to law by the | 70440 |
| appropriate department of the state, county, or municipality in | 70441 |
| which it furnishes services; or is operated for profit in this | 70442 |
| state, meets all the requirements specified in divisions (A)(5)(a) | 70443 |
| to (d) of this section, and is certified under Title XVIII of the | 70444 |
| "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as | 70445 |
| amended. | 70446 |
| (6) "Home health service" means the following items and | 70447 |
| services, provided, except as provided in division (A)(6)(g) of | 70448 |
| this section, on a visiting basis in a place of residence used as | 70449 |
| the patient's home: | 70450 |
| (a) Nursing care provided by or under the supervision of a | 70451 |
| registered professional nurse; | 70452 |
| (b) Physical, occupational, or speech therapy ordered by the | 70453 |
| patient's attending physician; | 70454 |
| (c) Medical social services performed by or under the | 70455 |
| supervision of a qualified medical or psychiatric social worker | 70456 |
| and under the direction of the patient's attending physician; | 70457 |
| (d) Personal health care of the patient performed by aides in | 70458 |
| accordance with the orders of a doctor of medicine or osteopathy | 70459 |
| and under the supervision of a registered professional nurse; | 70460 |
| (e) Medical supplies and the use of medical appliances; | 70461 |
| (f) Medical services of interns and residents-in-training | 70462 |
| under an approved teaching program of a nonprofit hospital and | 70463 |
| under the direction and supervision of the patient's attending | 70464 |
| physician; | 70465 |
| (g) Any of the foregoing items and services which: | 70466 |
| (i) Are provided on an outpatient basis under arrangements | 70467 |
| made by the home health agency at a hospital or skilled nursing | 70468 |
| facility; | 70469 |
| (ii) Involve the use of equipment of such a nature that the | 70470 |
| items and services cannot readily be made available to the patient | 70471 |
| in the patient's place of residence, or which are furnished at the | 70472 |
| hospital or skilled nursing facility while the patient is there to | 70473 |
| receive any item or service involving the use of such equipment. | 70474 |
| Any attorney, physician, osteopath, podiatrist, chiropractor, | 70475 |
| dentist, psychologist, any employee of a hospital as defined in | 70476 |
| section 3701.01 of the Revised Code, any nurse licensed under | 70477 |
| Chapter 4723. of the Revised Code, any employee of an ambulatory | 70478 |
| health facility, any employee of a home health agency, any | 70479 |
| employee of an adult care facility as defined in section 3722.01 | 70480 |
|
of the Revised Code, | 70481 |
| 70482 | |
| a nursing home, residential care facility, or home for the aging, | 70483 |
| as defined in section 3721.01 of the Revised Code, any senior | 70484 |
| service provider, any peace officer, coroner, clergyman, any | 70485 |
| employee of a community mental health facility, and any person | 70486 |
| engaged in social work or counseling having reasonable cause to | 70487 |
| believe that an adult is being abused, neglected, or exploited, or | 70488 |
| is in a condition which is the result of abuse, neglect, or | 70489 |
| exploitation shall immediately report such belief to the county | 70490 |
| department of job and family services. This section does not apply | 70491 |
| to employees of any hospital or public hospital as defined in | 70492 |
| section 5122.01 of the Revised Code. | 70493 |
| (B) Any person having reasonable cause to believe that an | 70494 |
| adult has suffered abuse, neglect, or exploitation may report, or | 70495 |
| cause reports to be made of such belief to the department. | 70496 |
| (C) The reports made under this section shall be made orally | 70497 |
| or in writing except that oral reports shall be followed by a | 70498 |
| written report if a written report is requested by the department. | 70499 |
| Written reports shall include: | 70500 |
| (1) The name, address, and approximate age of the adult who | 70501 |
| is the subject of the report; | 70502 |
| (2) The name and address of the individual responsible for | 70503 |
| the adult's care, if any individual is, and if the individual is | 70504 |
| known; | 70505 |
| (3) The nature and extent of the alleged abuse, neglect, or | 70506 |
| exploitation of the adult; | 70507 |
| (4) The basis of the reporter's belief that the adult has | 70508 |
| been abused, neglected, or exploited. | 70509 |
| (D) Any person with reasonable cause to believe that an adult | 70510 |
| is suffering abuse, neglect, or exploitation who makes a report | 70511 |
| pursuant to this section or who testifies in any administrative or | 70512 |
| judicial proceeding arising from such a report, or any employee of | 70513 |
| the state or any of its subdivisions who is discharging | 70514 |
| responsibilities under section 5101.62 of the Revised Code shall | 70515 |
| be immune from civil or criminal liability on account of such | 70516 |
| investigation, report, or testimony, except liability for perjury, | 70517 |
| unless the person has acted in bad faith or with malicious | 70518 |
| purpose. | 70519 |
| (E) No employer or any other person with the authority to do | 70520 |
| so shall discharge, demote, transfer, prepare a negative work | 70521 |
| performance evaluation, or reduce benefits, pay, or work | 70522 |
| privileges, or take any other action detrimental to an employee or | 70523 |
| in any way retaliate against an employee as a result of the | 70524 |
| employee's having filed a report under this section. | 70525 |
| (F) Neither the written or oral report provided for in this | 70526 |
| section nor the investigatory report provided for in section | 70527 |
| 5101.62 of the Revised Code shall be considered a public record as | 70528 |
| defined in section 149.43 of the Revised Code. Information | 70529 |
| contained in the report shall upon request be made available to | 70530 |
| the adult who is the subject of the report, to agencies authorized | 70531 |
| by the department to receive information contained in the report, | 70532 |
| and to legal counsel for the adult. | 70533 |
| Sec. 5101.84. An individual otherwise ineligible for aid | 70534 |
|
under
Chapter 5107. or 5108. of the Revised Code or | 70535 |
| supplemental nutrition assistance program benefits under the | 70536 |
| 70537 | |
|
U.S.C.
2011 | 70538 |
| 70539 | |
| 70540 | |
| eligible for the aid or benefits if the individual meets all | 70541 |
| other eligibility requirements for the aid or benefits. | 70542 |
| Sec. 5104.041. (A) All type A and type B family day-care | 70543 |
| homes shall procure and maintain one of the following: | 70544 |
| (1) Liability insurance issued by an insurer authorized to do | 70545 |
| business in this state under Chapter 3905. of the Revised Code | 70546 |
| insuring the type A or type B family day-care home against | 70547 |
| liability arising out of, or in connection with, the operation of | 70548 |
| the family day-care home. Liability insurance procured under this | 70549 |
| division shall cover any cause for which the type A or type B | 70550 |
| family day-care home would be liable, in the amount of at least | 70551 |
| one hundred thousand dollars per occurrence and three hundred | 70552 |
| thousand dollars in the aggregate. | 70553 |
| (2) | 70554 |
| guardian, or custodian of each child receiving child care from | 70555 |
| the type A or type B family day-care home that states all of the | 70556 |
| following: | 70557 |
| (a) The family day-care home does not carry liability | 70558 |
| insurance described in division (A)(1) of this section; | 70559 |
| (b) If the licensee of a type A family day-care home or the | 70560 |
| provider of a type B family day-care home is not the owner of | 70561 |
| the real property where the family day-care home is located, the | 70562 |
| liability insurance, if any, of the owner of the real property | 70563 |
| may not provide for coverage of any liability arising out of, or | 70564 |
| in connection with, the operation of the family day-care home. | 70565 |
| (B) If the licensee of a type A family day-care home or the | 70566 |
| provider of a type B family day-care home is not the owner of | 70567 |
| the real property where the family day-care home is located and | 70568 |
| the family day-care home procures liability insurance described | 70569 |
| in division (A)(1) of this section, that licensee or provider | 70570 |
| shall name the owner of the real property as an additional | 70571 |
| insured party on the liability insurance policy if all of the | 70572 |
| following apply: | 70573 |
| (1) The owner of the real property requests the licensee or | 70574 |
| provider, in writing, to add the owner of the real property to | 70575 |
| the liability insurance policy as an additional insured party. | 70576 |
| (2) The addition of the owner of the real property does not | 70577 |
| result in cancellation or nonrenewal of the insurance policy | 70578 |
| procured by the type A or type B family day-care home. | 70579 |
| (3) The owner of the real property pays any additional | 70580 |
| premium assessed for coverage of the owner of the real property. | 70581 |
| (C) Proof of insurance or | 70582 |
| required under division (A) of this section shall be maintained | 70583 |
| at the type A or type B family day-care home and made available | 70584 |
| for review during inspection or investigation as required under | 70585 |
| this chapter. | 70586 |
| (D) The director of job and family services shall adopt rules | 70587 |
| for the enforcement of this section. | 70588 |
| Sec. 5107.05. The director of job and family services shall | 70589 |
| adopt rules to implement this chapter. The rules shall be | 70590 |
| consistent with Title IV-A, Title IV-D, federal regulations, state | 70591 |
| law, the Title IV-A state plan submitted to the United States | 70592 |
| secretary of health and human services under section 5101.80 of | 70593 |
| the Revised Code, amendments to the plan, and waivers granted by | 70594 |
| the United States secretary. Rules governing eligibility, program | 70595 |
| participation, and other applicant and participant requirements | 70596 |
| shall be adopted in accordance with Chapter 119. of the Revised | 70597 |
| Code. Rules governing financial and other administrative | 70598 |
| requirements applicable to the department of job and family | 70599 |
| services and county departments of job and family services shall | 70600 |
| be adopted in accordance with section 111.15 of the Revised Code. | 70601 |
| (A) The rules shall specify, establish, or govern all of the | 70602 |
| following: | 70603 |
| (1) A payment standard for Ohio works first based on federal | 70604 |
| and state appropriations that is increased in accordance with | 70605 |
| section 5107.04 of the Revised Code; | 70606 |
| (2) For the purpose of section 5107.04 of the Revised Code, | 70607 |
| the method of determining the amount of cash assistance an | 70608 |
| assistance group receives under Ohio works first; | 70609 |
| (3) Requirements for initial and continued eligibility for | 70610 |
| Ohio works first, including requirements regarding income, | 70611 |
| citizenship, age, residence, and assistance group composition; | 70612 |
| (4) For the purpose of section 5107.12 of the Revised Code, | 70613 |
| application and verification procedures, including the minimum | 70614 |
| information an application must contain; | 70615 |
| (5) The extent to which a participant of Ohio works first | 70616 |
| must notify, pursuant to section 5107.12 of the Revised Code, a | 70617 |
| county department of job and family services of additional income | 70618 |
| not previously reported to the county department; | 70619 |
| (6) For the purpose of section 5107.16 of the Revised Code, | 70620 |
| 70621 |
| (a) Standards for the determination of good cause for failure | 70622 |
| or refusal to comply in full with a provision of a | 70623 |
| self-sufficiency contract; | 70624 |
| (b) The compliance form a member of an assistance group may | 70625 |
| complete to indicate willingness to come into full compliance | 70626 |
| with a provision of a self-sufficiency contract; | 70627 |
| (c) The manner by which the compliance form is to be | 70628 |
| completed and provided to a county department of job and family | 70629 |
| services. | 70630 |
| (7) The department of job and family services providing | 70631 |
| written notice of a sanction under section 5107.161 of the Revised | 70632 |
| Code; | 70633 |
| (8) For the purpose of division (A)(2) of section 5107.17 of | 70634 |
| the Revised Code, the period of time by which a county department | 70635 |
| of job and family services is to receive a compliance form | 70636 |
| established in rules adopted under division (A)(6)(b) of this | 70637 |
| section; | 70638 |
| (9) Requirements for the collection and distribution of | 70639 |
| support payments owed participants of Ohio works first pursuant to | 70640 |
| section 5107.20 of the Revised Code; | 70641 |
| | 70642 |
| Code, what constitutes cooperating in establishing a minor | 70643 |
| child's paternity or establishing, modifying, or enforcing a | 70644 |
| child support order and good cause for failure or refusal to | 70645 |
| cooperate; | 70646 |
| | 70647 |
| including the definitions of "equivalent of a high school | 70648 |
| diploma" and "good cause," and the incentives provided under the | 70649 |
| LEAP program; | 70650 |
| | 70651 |
| Revised Code, the requirements governing the award provided under | 70652 |
| that section, including the form that the award is to take and | 70653 |
| requirements an individual must satisfy to receive the award; | 70654 |
| | 70655 |
| and family services may exempt a minor head of household or adult | 70656 |
| from participating in a work activity or developmental activity | 70657 |
| for all or some of the weekly hours otherwise required by section | 70658 |
| 5107.43 of the Revised Code. | 70659 |
| | 70660 |
| subsidize positions created by state agencies and political | 70661 |
| subdivisions under division (C) of section 5107.52 of the Revised | 70662 |
| Code; | 70663 |
| | 70664 |
| of the Revised Code by county departments of job and family | 70665 |
| services; | 70666 |
| | 70667 |
| the purpose of division (A) of section 5107.71 of the Revised | 70668 |
| Code; | 70669 |
| | 70670 |
| of job and family services must redetermine a member of an | 70671 |
| assistance group's need for a waiver issued under section | 70672 |
| 5107.714 of the Revised Code. | 70673 |
| (B) The rules adopted under division (A)(3) of this section | 70674 |
| regarding income shall specify what is countable income, gross | 70675 |
| earned income, and gross unearned income for the purpose of | 70676 |
| section 5107.10 of the Revised Code. | 70677 |
| The rules adopted under division (A) | 70678 |
| shall be consistent with 42 U.S.C. 654(29). | 70679 |
| The rules adopted under division (A) | 70680 |
| shall specify that the circumstances include that a school or | 70681 |
| place of work is closed due to a holiday or weather or other | 70682 |
| emergency and that an employer grants the minor head of household | 70683 |
| or adult leave for illness or earned vacation. | 70684 |
| (C) The rules may provide that a county department of job and | 70685 |
| family services is not required to take action under section | 70686 |
| 5107.76 of the Revised Code to recover an erroneous payment that | 70687 |
| is below an amount the department specifies. | 70688 |
| Sec. 5107.16. (A) If a member of an assistance group fails | 70689 |
| or refuses, without good cause, to comply in full with a provision | 70690 |
| of a self-sufficiency contract entered into under section 5107.14 | 70691 |
| of the Revised Code, a county department of job and family | 70692 |
| services shall sanction the assistance group as follows: | 70693 |
| (1) For a first failure or refusal, the county department | 70694 |
| shall deny or terminate the assistance group's eligibility to | 70695 |
| participate in Ohio works first for one payment month or until the | 70696 |
| failure or refusal ceases, whichever is longer; | 70697 |
| (2) For a second failure or refusal, the county department | 70698 |
| shall deny or terminate the assistance group's eligibility to | 70699 |
| participate in Ohio works first for three payment months or until | 70700 |
| the failure or refusal ceases, whichever is longer; | 70701 |
| (3) For a third or subsequent failure or refusal, the county | 70702 |
| department shall deny or terminate the assistance group's | 70703 |
| eligibility to participate in Ohio works first for six payment | 70704 |
| months or until the failure or refusal ceases, whichever is | 70705 |
| longer. | 70706 |
| (B) The director of job and family services shall establish | 70707 |
| standards for the determination of good cause for failure or | 70708 |
| refusal to comply in full with a provision of a self-sufficiency | 70709 |
| contract in rules adopted under section 5107.05 of the Revised | 70710 |
| Code. | 70711 |
| (C) The director of job and family services shall provide a | 70712 |
| compliance form established in rules adopted under section 5107.05 | 70713 |
| of the Revised Code to an assistance group member who fails or | 70714 |
| refuses, without good cause, to comply in full with a provision of | 70715 |
| a self-sufficiency contract. The member's failure or refusal to | 70716 |
| comply in full with the provision shall be deemed to have ceased | 70717 |
| on the date a county department of job and family services | 70718 |
| receives the compliance form from the member if the compliance | 70719 |
| form is completed and provided to the county department in the | 70720 |
| manner specified in rules adopted under section 5107.05 of the | 70721 |
| Revised Code. | 70722 |
| (D) After sanctioning an assistance group under division (A) | 70723 |
| of this section, a county department of job and family services | 70724 |
| shall continue to work with the assistance group. | 70725 |
| | 70726 |
| (A)(1)(a) of section 5111.01 of the Revised Code who is sanctioned | 70727 |
| under division (A)(3) of this section for a failure or refusal, | 70728 |
| without good cause, to comply in full with a provision of a | 70729 |
| self-sufficiency contract related to work responsibilities under | 70730 |
| sections 5107.40 to 5107.69 of the Revised Code loses eligibility | 70731 |
| for medicaid unless the adult is otherwise eligible for medicaid | 70732 |
| pursuant to another division of section 5111.01 of the Revised | 70733 |
| Code. | 70734 |
| An assistance group that would be participating in Ohio | 70735 |
| works first if not for a sanction under this section shall | 70736 |
| continue to be eligible for all of the following: | 70737 |
| (1) Publicly funded child care in accordance with division | 70738 |
| (A)(3) of section 5104.30 of the Revised Code; | 70739 |
| (2) Support services in accordance with section 5107.66 of | 70740 |
| the Revised Code; | 70741 |
| (3) To the extent permitted by the "Fair Labor Standards Act | 70742 |
| of 1938," 52 Stat. 1060, 29 U.S.C. 201, as amended, to | 70743 |
| participate in work activities, developmental activities, and | 70744 |
| alternative work activities in accordance with sections 5107.40 to | 70745 |
| 5107.69 of the Revised Code. | 70746 |
| Sec. 5107.17. An assistance group that resumes participation | 70747 |
| in Ohio works first following a sanction under section 5107.16 of | 70748 |
| the Revised Code is not required to do either of the following: | 70749 |
| (A) Reapply under section 5107.12 of the Revised Code, unless | 70750 |
| 70751 |
| (1) It is the assistance group's regularly scheduled time for | 70752 |
| an eligibility redetermination; | 70753 |
| (2) The county department of job and family services does not | 70754 |
| receive the completed compliance form established in rules adopted | 70755 |
| under section 5107.05 of the Revised Code within the period of | 70756 |
| time specified in rules adopted under that section. | 70757 |
| (B) Enter into a new self-sufficiency contract under section | 70758 |
| 5107.14 of the Revised Code, unless the county department of job | 70759 |
| and family services determines it is time for a new appraisal | 70760 |
| under section 5107.41 of the Revised Code or the assistance | 70761 |
| group's circumstances have changed in a manner necessitating an | 70762 |
| amendment to the self-sufficiency contract as determined using | 70763 |
| procedures included in the contract under division (B)(9) of | 70764 |
| section 5107.14 of the Revised Code. | 70765 |
| Sec. 5111.01. As used in this chapter, "medical assistance | 70766 |
| program" or "medicaid" means the program that is authorized by | 70767 |
| this chapter and provided by the department of job and family | 70768 |
| services under this chapter, Title XIX of the "Social Security | 70769 |
| Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1396, as amended, and the | 70770 |
| waivers of Title XIX requirements granted to the department by the | 70771 |
| centers for medicare and medicaid services of the United States | 70772 |
| department of health and human services. | 70773 |
| The department of job and family services shall act as the | 70774 |
| single state agency to supervise the administration of the | 70775 |
| medicaid program. As the single state agency, the department shall | 70776 |
| comply with 42 C.F.R. 431.10(e). The department's rules governing | 70777 |
| medicaid are binding on other agencies that administer components | 70778 |
| of the medicaid program. No agency may establish, by rule or | 70779 |
| otherwise, a policy governing medicaid that is inconsistent with a | 70780 |
| medicaid policy established, in rule or otherwise, by the director | 70781 |
| of job and family services. | 70782 |
| (A) The department of job and family services may provide | 70783 |
| medical assistance under the medicaid program as long as federal | 70784 |
| funds are provided for such assistance, to the following: | 70785 |
| (1) Families with children that meet either of the following | 70786 |
| conditions: | 70787 |
| (a) The family meets the income, resource, and family | 70788 |
| composition requirements in effect on July 16, 1996, for the | 70789 |
| former aid to dependent children program as those requirements | 70790 |
| were established by Chapter 5107. of the Revised Code, federal | 70791 |
| waivers granted pursuant to requests made under former section | 70792 |
| 5101.09 of the Revised Code, and rules adopted by the department | 70793 |
| or any changes the department makes to those requirements in | 70794 |
| accordance with paragraph (a)(2) of section 114 of the "Personal | 70795 |
| Responsibility and Work Opportunity Reconciliation Act of 1996," | 70796 |
| 110 Stat. 2177, 42 U.S.C.A. 1396u-1, for the purpose of | 70797 |
|
implementing section | 70798 |
| adult loses eligibility for medicaid under division (A)(1)(a) of | 70799 |
|
this section
pursuant to division
| 70800 |
| the Revised Code. | 70801 |
| (b) The family does not meet the requirements specified in | 70802 |
| division (A)(1)(a) of this section but is eligible for medicaid | 70803 |
| pursuant to section 5101.18 of the Revised Code. | 70804 |
| (2) Aged, blind, and disabled persons who meet the following | 70805 |
| conditions: | 70806 |
| (a) Receive federal aid under Title XVI of the "Social | 70807 |
| Security Act," or are eligible for but are not receiving such aid, | 70808 |
| provided that the income from all other sources for individuals | 70809 |
| with independent living arrangements shall not exceed one hundred | 70810 |
| seventy-five dollars per month. The income standards hereby | 70811 |
| established shall be adjusted annually at the rate that is used by | 70812 |
| the United States department of health and human services to | 70813 |
| adjust the amounts payable under Title XVI. | 70814 |
| (b) Do not receive aid under Title XVI, but meet any of the | 70815 |
| following criteria: | 70816 |
| (i) Would be eligible to receive such aid, except that their | 70817 |
| income, other than that excluded from consideration as income | 70818 |
| under Title XVI, exceeds the maximum under division (A)(2)(a) of | 70819 |
| this section, and incurred expenses for medical care, as | 70820 |
| determined under federal regulations applicable to section 209(b) | 70821 |
| of the "Social Security Amendments of 1972," 86 Stat. 1381, 42 | 70822 |
| U.S.C.A. 1396a(f), as amended, equal or exceed the amount by which | 70823 |
| their income exceeds the maximum under division (A)(2)(a) of this | 70824 |
| section; | 70825 |
| (ii) Received aid for the aged, aid to the blind, or aid for | 70826 |
| the permanently and totally disabled prior to January 1, 1974, and | 70827 |
| continue to meet all the same eligibility requirements; | 70828 |
| (iii) Are eligible for medicaid pursuant to section 5101.18 | 70829 |
| of the Revised Code. | 70830 |
| (3) Persons to whom federal law requires, as a condition of | 70831 |
| state participation in the medicaid program, that medicaid be | 70832 |
| provided; | 70833 |
| (4) Persons under age twenty-one who meet the income | 70834 |
| requirements for the Ohio works first program established under | 70835 |
| Chapter 5107. of the Revised Code but do not meet other | 70836 |
| eligibility requirements for the program. The director shall | 70837 |
| adopt rules in accordance with Chapter 119. of the Revised Code | 70838 |
| specifying which Ohio works first requirements shall be waived for | 70839 |
| the purpose of providing medicaid eligibility under division | 70840 |
| (A)(4) of this section. | 70841 |
| (B) | 70842 |
| 70843 | |
| assistance under the medicaid program to persons in groups | 70844 |
| designated by federal law as groups to which a state, at its | 70845 |
| option, may provide medical assistance under the medicaid | 70846 |
| program, unless either of the following is the case: | 70847 |
| (1) The medicaid program covers the group on the effective | 70848 |
| date of this amendment; | 70849 |
| (2) State statute enacted after the effective date of this | 70850 |
| amendment expressly authorizes the medicaid program to cover the | 70851 |
| group. | 70852 |
| (C) The department may expand eligibility for the medicaid | 70853 |
| program to include individuals under age nineteen with family | 70854 |
| incomes at or below one hundred fifty per cent of the federal | 70855 |
| poverty guidelines, except that the eligibility expansion shall | 70856 |
| not occur unless the department receives the approval of the | 70857 |
| federal government. The department may implement the eligibility | 70858 |
| expansion authorized under this division on any date selected by | 70859 |
| the department, but not sooner than January 1, 1998. | 70860 |
| (D) In addition to any other authority or requirement to | 70861 |
| adopt rules under this chapter, the director may adopt rules in | 70862 |
| accordance with section 111.15 of the Revised Code as the director | 70863 |
| considers necessary to establish standards, procedures, and other | 70864 |
| requirements regarding the provision of medical assistance under | 70865 |
| the medicaid program. The rules may establish requirements to be | 70866 |
| followed in applying for medicaid, making determinations of | 70867 |
| eligibility for medicaid, and verifying eligibility for medicaid. | 70868 |
| The rules may include special conditions as the department | 70869 |
| determines appropriate for making applications, determining | 70870 |
| eligibility, and verifying eligibility for any medical assistance | 70871 |
| that the department may provide under the medicaid program | 70872 |
| pursuant to division (C) of this section and section 5111.014 or | 70873 |
| 70874 |
| | 70875 |
| services shall submit to the United States secretary of health | 70876 |
| and human services an amendment to the state medicaid plan to make | 70877 |
| an individual eligible for medicaid who meets all of the | 70878 |
| following requirements: | 70879 |
| (A) The individual is the parent of a child under nineteen | 70880 |
| years of age and resides with the child; | 70881 |
| (B) The individual's family income does not exceed ninety | 70882 |
| per cent of the federal poverty guidelines; | 70883 |
| (C) The individual is not otherwise eligible for medicaid; | 70884 |
| (D) The individual satisfies all relevant requirements | 70885 |
| established by rules adopted under division (D) of section 5111.01 | 70886 |
| of the Revised Code. | 70887 |
| Sec. 5111.0121. (A) Subject to division (B) of this section, | 70888 |
| a county department of job and family services may permit a parent | 70889 |
| who is eligible for the medicaid program pursuant to section | 70890 |
| 5111.0120 of the Revised Code to not have to undergo a | 70891 |
| redetermination of eligibility for the medicaid program more often | 70892 |
| than once every twelve months unless there are reasonable grounds | 70893 |
| to believe that circumstances have changed that may affect the | 70894 |
| parent's eligibility. | 70895 |
| (B) A county department may not implement division (A) of | 70896 |
| this section if implementation would violate federal law governing | 70897 |
| the medicaid program unless the United States secretary of health | 70898 |
| and human services grants a federal medicaid waiver authorizing | 70899 |
| implementation of division (A) of this section. The director of | 70900 |
| job and family services shall apply for such a federal medicaid | 70901 |
| waiver if a waiver is needed for the implementation of division | 70902 |
| (A) of this section. | 70903 |
| Sec. 5111.028. (A) Pursuant to section 5111.02 of the | 70904 |
| Revised Code, the director of job and family services shall adopt | 70905 |
| rules establishing procedures for the use of time-limited | 70906 |
| provider agreements under the medicaid program. Except as | 70907 |
| provided in division (E) of this section, all provider agreements | 70908 |
| shall be time-limited in accordance with the procedures | 70909 |
| established in the rules. | 70910 |
| The department of job and family services shall phase-in the | 70911 |
| use of time-limited provider agreements pursuant to this section | 70912 |
| during a period commencing not later than January 1, 2008, and | 70913 |
|
ending January 1, | 70914 |
| (B) In the use of time-limited provider agreements pursuant | 70915 |
| to this section, all of the following apply: | 70916 |
| (1) Each provider agreement shall expire not later than | 70917 |
| 70918 |
| (2) During the phase-in period specified in division (A) of | 70919 |
| this section, the department may provide for the conversion of a | 70920 |
| provider agreement without a time limit to a provider agreement | 70921 |
| with a time limit. The department may take an action to convert | 70922 |
| the provider agreement by sending a notice by regular mail to the | 70923 |
| address of the provider on record with the department advising the | 70924 |
| provider of the conversion. | 70925 |
| (3) The department may make the effective date of a provider | 70926 |
| agreement retroactive for a period not to exceed one year from the | 70927 |
| date of the provider's application for the agreement, as long as | 70928 |
| the provider met all medicaid program requirements during that | 70929 |
| period. | 70930 |
| (C) The rules for use of time-limited provider agreements | 70931 |
| pursuant to this section shall include a process for re-enrollment | 70932 |
| of providers. All of the following apply to the re-enrollment | 70933 |
| process: | 70934 |
| (1) The department of job and family services may terminate a | 70935 |
| time-limited provider agreement or deny re-enrollment when a | 70936 |
| provider fails to file an application for re-enrollment within | 70937 |
| the time and in the manner required under the re-enrollment | 70938 |
| process. | 70939 |
| (2) If a provider files an application for re-enrollment | 70940 |
| within the time and in the manner required under the re-enrollment | 70941 |
| process, but the provider agreement expires before the department | 70942 |
| acts on the application or before the effective date of the | 70943 |
| department's decision on the application, the provider may | 70944 |
| continue operating under the terms of the expired provider | 70945 |
| agreement until the effective date of the department's decision. | 70946 |
| (3) A decision by the department to approve an application | 70947 |
| for re-enrollment becomes effective on the date of the | 70948 |
| department's decision. A decision by the department to deny | 70949 |
| re-enrollment shall take effect not sooner than thirty days after | 70950 |
| the date the department mails written notice of the decision to | 70951 |
| the provider. The department shall specify in the notice the date | 70952 |
| on which the provider is required to cease operating under the | 70953 |
| provider agreement. | 70954 |
| (D) Pursuant to section 5111.06 of the Revised Code, the | 70955 |
| department is not required to take the actions specified in | 70956 |
| division (C)(1) of this section by issuing an order pursuant to an | 70957 |
| adjudication conducted in accordance with Chapter 119. of the | 70958 |
| Revised Code. | 70959 |
| (E) The use of time-limited provider agreements pursuant to | 70960 |
| this section does not apply to provider agreements issued to the | 70961 |
| following, including any provider agreements issued to the | 70962 |
| following that are otherwise time-limited under the medicaid | 70963 |
| program: | 70964 |
| (1) A managed care organization under contract with the | 70965 |
| department pursuant to section 5111.17 of the Revised Code; | 70966 |
| (2) A nursing facility, as defined in section 5111.20 of the | 70967 |
| Revised Code; | 70968 |
| (3) An intermediate care facility for the mentally retarded, | 70969 |
| as defined in section 5111.20 of the Revised Code; | 70970 |
| (4) A hospital. | 70971 |
| Sec. 5111.0210. (A) As used in this section: | 70972 |
| (1) "High-technology radiological service" means a | 70973 |
| radiological service that the director of job and family services | 70974 |
| identifies in rules adopted under section 5111.02 of the Revised | 70975 |
| Code as involving highly advanced or specialized systems or | 70976 |
| devices. "High-technology radiological service" includes a | 70977 |
| radiological service that involves computed tomography, magnetic | 70978 |
| resonance imaging, nuclear cardiology, or a positron emission | 70979 |
| tomography modality. | 70980 |
| (2) "Medicaid managed care organization" means a managed care | 70981 |
| organization under contract with the department of job and family | 70982 |
| services under section 5111.17 of the Revised Code. | 70983 |
| (B) Effective November 1, 2009, and except as provided in | 70984 |
| division (C) of this section, neither the department of job and | 70985 |
| family services nor a medicaid managed care organization shall | 70986 |
| reimburse a provider for providing a high-technology radiological | 70987 |
| service to a medicaid recipient unless the high-technology | 70988 |
| radiological service is prior authorized in accordance with rules | 70989 |
| adopted under section 5111.02 of the Revised Code. | 70990 |
| (C) Medicaid reimbursement for providing a high-technology | 70991 |
| radiological service is not subject to prior authorization if | 70992 |
| either of the following applies: | 70993 |
| (1) The high-technology radiological service is needed due to | 70994 |
| a documented, medical emergency. | 70995 |
| (2) The high-technology radiological service is used as part | 70996 |
| of a mammography screening or cytological screening covered by the | 70997 |
| medicaid program under section 5111.024 of the Revised Code. | 70998 |
| (D) The rules the director of job and family services adopts | 70999 |
| under division (A) of section 5111.02 of the Revised Code shall | 71000 |
| include rules to implement this section. The rules shall establish | 71001 |
| a prior authorization system for high-technology radiological | 71002 |
| services that applies evidence-based criteria in decisions | 71003 |
| regarding the medical necessity for a high-technology radiological | 71004 |
| service. | 71005 |
| Sec. 5111.0211. The medicaid program shall not cover a | 71006 |
| service that federal law designates as a service that a state, at | 71007 |
| its option, may cover under its medicaid program, unless either of | 71008 |
| the following is the case: | 71009 |
| (A) The medicaid program covers the service on the effective | 71010 |
| date of this section; | 71011 |
| (B) State statute enacted after the effective date of this | 71012 |
| section expressly authorizes the medicaid program to cover the | 71013 |
| service. | 71014 |
| Sec. 5111.032. (A) As used in this section: | 71015 |
| (1) "Criminal records check" has the same meaning as in | 71016 |
| section 109.572 of the Revised Code. | 71017 |
| (2) "Department" includes a designee of the department of job | 71018 |
| and family services. | 71019 |
| (3) "Owner" means a person who has an ownership interest in a | 71020 |
| provider in an amount designated by the department of job and | 71021 |
| family services in rules adopted under this section. | 71022 |
| (4) "Provider" means a person, institution, or entity that | 71023 |
| has a provider agreement with the department of job and family | 71024 |
| services pursuant to Title XIX of the "Social Security Act," 49 | 71025 |
| State. 620 (1965), 42 U.S.C. 1396, as amended. | 71026 |
| (B)(1) Except as provided in division (B)(2) of this section, | 71027 |
| the department of job and family services may require that any | 71028 |
| provider, applicant to be a provider, employee or prospective | 71029 |
| employee of a provider, owner or prospective owner of a provider, | 71030 |
| officer or prospective officer of a provider, or board member or | 71031 |
| prospective board member of a provider submit to a criminal | 71032 |
| records check as a condition of obtaining a provider agreement, | 71033 |
| continuing to hold a provider agreement, being employed by a | 71034 |
| provider, having an ownership interest in a provider, or being an | 71035 |
| officer or board member of a provider. The department may | 71036 |
| designate the categories of persons who are subject to the | 71037 |
| criminal records check requirement. The department shall designate | 71038 |
| the times at which the criminal records checks must be conducted. | 71039 |
| (2) The section does not apply to providers, applicants to be | 71040 |
| providers, employees of a provider, or prospective employees of a | 71041 |
| provider who are subject to criminal records checks under section | 71042 |
| 5111.033 or 5111.034 of the Revised Code. | 71043 |
| (C)(1) The department shall inform each provider or applicant | 71044 |
| to be a provider whether the provider or applicant is subject to a | 71045 |
| criminal records check requirement under division (B) of this | 71046 |
| section. For providers, the information shall be given at times | 71047 |
| designated in rules adopted under this section. For applicants to | 71048 |
| be providers, the information shall be given at the time of | 71049 |
| initial application. When the information is given, the department | 71050 |
| shall specify which of the provider's or applicant's employees or | 71051 |
| prospective employees, owners or prospective owners, officers or | 71052 |
| prospective officers, or board members or prospective board | 71053 |
| members are subject to the criminal records check requirement. | 71054 |
| (2) At times designated in rules adopted under this section, | 71055 |
| a provider that is subject to the criminal records check | 71056 |
| requirement shall inform each person specified by the department | 71057 |
| under division (C)(1) of this section that the person is required, | 71058 |
| as applicable, to submit to a criminal records check for final | 71059 |
| consideration for employment in a full-time, part-time, or | 71060 |
| temporary position; as a condition of continued employment; or as | 71061 |
| a condition of becoming or continuing to be an officer, board | 71062 |
| member or owner of a provider. | 71063 |
| (D)(1) If a provider or applicant to be a provider is | 71064 |
| subject to a criminal records check under this section, the | 71065 |
| department shall require the conduct of a criminal records check | 71066 |
| by the superintendent of the bureau of criminal identification | 71067 |
| and investigation. If a provider or applicant to be a provider | 71068 |
| for whom a criminal records check is required does not present | 71069 |
| proof of having been a resident of this state for the five-year | 71070 |
| period immediately prior to the date the criminal records check | 71071 |
| is requested or provide evidence that within that five-year | 71072 |
| period the superintendent has requested information about the | 71073 |
| individual from the federal bureau of investigation in a criminal | 71074 |
| records check, the department shall require the provider or | 71075 |
| applicant to request that the superintendent obtain information | 71076 |
| from the federal bureau of investigation as part of the criminal | 71077 |
| records check of the provider or applicant. Even if a provider or | 71078 |
| applicant for whom a criminal records check request is required | 71079 |
| presents proof of having been a resident of this state for the | 71080 |
| five-year period, the department may require that the provider or | 71081 |
| applicant request that the superintendent obtain information from | 71082 |
| the federal bureau of investigation and include it in the criminal | 71083 |
| records check of the provider or applicant. | 71084 |
| (2) A provider shall require the conduct of a criminal | 71085 |
| records check by the superintendent with respect to each of the | 71086 |
| persons specified by the department under division (C)(1) of this | 71087 |
| section. If the person for whom a criminal records check is | 71088 |
| required does not present proof of having been a resident of this | 71089 |
| state for the five-year period immediately prior to the date the | 71090 |
| criminal records check is requested or provide evidence that | 71091 |
| within that five-year period the superintendent of the bureau of | 71092 |
| criminal identification and investigation has requested | 71093 |
| information about the individual from the federal bureau of | 71094 |
| investigation in a criminal records check, the individual shall | 71095 |
| request that the superintendent obtain information from the | 71096 |
| federal bureau of investigation as part of the criminal records | 71097 |
| check of the individual. Even if an individual for whom a criminal | 71098 |
| records check request is required presents proof of having been a | 71099 |
| resident of this state for the five-year period, the department | 71100 |
| may require the provider to request that the superintendent obtain | 71101 |
| information from the federal bureau of investigation and include | 71102 |
| it in the criminal records check of the person. | 71103 |
| (E)(1) Criminal records checks required under this section | 71104 |
| for providers or applicants to be providers shall be obtained as | 71105 |
| follows: | 71106 |
| (a) The department shall provide each provider or applicant | 71107 |
| information about accessing and completing the form prescribed | 71108 |
| pursuant to division (C)(1) of section 109.572 of the Revised Code | 71109 |
| and the standard fingerprint impression sheet prescribed pursuant | 71110 |
| to division (C)(2) of that section. | 71111 |
| (b) The provider or applicant shall submit the required form | 71112 |
| and one complete set of fingerprint impressions directly to the | 71113 |
| superintendent for purposes of conducting the criminal records | 71114 |
| check using the applicable methods prescribed by division (C) of | 71115 |
| section 109.572 of the Revised Code. The applicant or provider | 71116 |
| shall pay all fees associated with obtaining the criminal records | 71117 |
| check. | 71118 |
| (c) The superintendent shall conduct the criminal records | 71119 |
| check in accordance with section 109.572 of the Revised Code. The | 71120 |
| provider or applicant shall instruct the superintendent to submit | 71121 |
| the report of the criminal records check directly to the director | 71122 |
| of job and family services. | 71123 |
| (2) Criminal records checks required under this section for | 71124 |
| persons specified by the department under division (C)(1) of this | 71125 |
| section shall be obtained as follows: | 71126 |
| (a) The provider shall give to each person subject to | 71127 |
| criminal records check requirement information about accessing and | 71128 |
| completing the form prescribed pursuant to division (C)(1) of | 71129 |
| section 109.572 of the Revised Code and the standard fingerprint | 71130 |
| impression sheet prescribed pursuant to division (C)(2) of that | 71131 |
| section. | 71132 |
| (b) The person shall submit the required form and one | 71133 |
| complete set of fingerprint impressions directly to the | 71134 |
| superintendent for purposes of conducting the criminal records | 71135 |
| check using the applicable methods prescribed by division (C) of | 71136 |
| section 109.572 of the Revised Code. The person shall pay all fees | 71137 |
| associated with obtaining the criminal records check. | 71138 |
| (c) The superintendent shall conduct the criminal records | 71139 |
| check in accordance with section 109.572 of the Revised Code. The | 71140 |
| person subject to the criminal records check shall instruct the | 71141 |
| superintendent to submit the report of the criminal records check | 71142 |
| directly to the provider. The department may require the provider | 71143 |
| to submit the report to the department. | 71144 |
| (F) If a provider or applicant to be a provider is given the | 71145 |
| information specified in division (E)(1)(a) of this section but | 71146 |
| fails to obtain a criminal records check, the department shall, as | 71147 |
| applicable, terminate the provider agreement or deny the | 71148 |
| application to be a provider. | 71149 |
| If a person is given the information specified in division | 71150 |
| (E)(2)(a) of this section but fails to obtain a criminal records | 71151 |
| check, the provider shall not, as applicable, permit the person to | 71152 |
| be an employee, owner, officer, or board member of the provider. | 71153 |
| (G) Except as provided in rules adopted under division (J) of | 71154 |
| this section, the department shall terminate the provider | 71155 |
| agreement of a provider or the department shall not issue a | 71156 |
| provider agreement to an applicant if the provider or applicant is | 71157 |
| subject to a criminal records check under this section and the | 71158 |
| provider or applicant has been convicted of, has pleaded guilty | 71159 |
| to, or has been found eligible for intervention in lieu of | 71160 |
| conviction for any of the following, regardless of the date of the | 71161 |
| conviction, the date of entry of the guilty plea, or the date the | 71162 |
| applicant or provider was found eligible for intervention in lieu | 71163 |
| of conviction: | 71164 |
| (1) A violation of section 959.13, 2903.01, 2903.02, 2903.03, | 71165 |
| 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, | 71166 |
| 2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, | 71167 |
| 2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, | 71168 |
| 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24, | 71169 |
| 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 71170 |
| 2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01, | 71171 |
| 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, | 71172 |
| 2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41, | 71173 |
| 2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, | 71174 |
| 2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11, | 71175 |
| 2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03, | 71176 |
| 2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02, | 71177 |
| 2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, | 71178 |
| 2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, | 71179 |
| 2925.23, 2927.12, or 3716.11 of the Revised Code, felonious | 71180 |
| sexual penetration in violation of former section 2907.12 of the | 71181 |
| Revised Code, a violation of section 2905.04 of the Revised Code | 71182 |
| as it existed prior to July 1, 1996, a violation of section | 71183 |
| 2919.23 of the Revised Code that would have been a violation of | 71184 |
| section 2905.04 of the Revised Code as it existed prior to July | 71185 |
| 1, 1996, had the violation been committed prior to that date; | 71186 |
| (2) | 71187 |
| ordinance or law of this state, any other state, or the United | 71188 |
| States that is substantially equivalent to any of the offenses | 71189 |
| listed in division (G)(1) of this section. | 71190 |
| (H)(1)(a) Except as provided in rules adopted under division | 71191 |
| (J) of this section and subject to division (H)(2) of this | 71192 |
| section, no provider shall permit a person to be an employee, | 71193 |
| owner, officer, or board member of the provider if the person is | 71194 |
| subject to a criminal records check under this section and the | 71195 |
| person has been convicted of, has pleaded guilty to, or has been | 71196 |
| found eligible for intervention in lieu of conviction for any of | 71197 |
| the offenses specified in division (G)(1) or (2) of this section. | 71198 |
| (b) No provider shall employ a person who has been excluded | 71199 |
| from participating in the medicaid program, the medicare program | 71200 |
| operated pursuant to Title XVIII of the "Social Security Act," or | 71201 |
| any other federal health care program. | 71202 |
| (2)(a) A provider may employ conditionally a person for whom | 71203 |
| a criminal records check is required under this section prior to | 71204 |
| obtaining the results of a criminal records check regarding the | 71205 |
| person, but only if the person submits a request for a criminal | 71206 |
| records check not later than five business days after the | 71207 |
| individual begins conditional employment. | 71208 |
| (b) A provider that employs a person conditionally under | 71209 |
| authority of division (H)(2)(a) of this section shall terminate | 71210 |
| the person's employment if the results of the criminal records | 71211 |
| check request are not obtained within the period ending sixty days | 71212 |
| after the date the request is made. Regardless of when the results | 71213 |
| of the criminal records check are obtained, if the results | 71214 |
| indicate that the individual has been convicted of, has pleaded | 71215 |
| guilty to, or has been found eligible for intervention in lieu of | 71216 |
| conviction for any of the offenses specified in division (G)(1) or | 71217 |
| (2) of this section, the provider shall terminate the person's | 71218 |
| employment unless the provider chooses to employ the individual | 71219 |
| pursuant to division (J) of this section. | 71220 |
| (I) The report of a criminal records check conducted pursuant | 71221 |
| to this section is not a public record for the purposes of section | 71222 |
| 149.43 of the Revised Code and shall not be made available to any | 71223 |
| person other than the following: | 71224 |
| (1) The person who is the subject of the criminal records | 71225 |
| check or the person's representative; | 71226 |
| (2) The director of job and family services and the staff of | 71227 |
| the department in the administration of the medicaid program; | 71228 |
| (3) A court, hearing officer, or other necessary individual | 71229 |
| involved in a case dealing with the denial or termination of a | 71230 |
| provider agreement; | 71231 |
| (4) A court, hearing officer, or other necessary individual | 71232 |
| involved in a case dealing with a person's denial of employment, | 71233 |
| termination of employment, or employment or unemployment benefits. | 71234 |
| (J) The department may adopt rules in accordance with Chapter | 71235 |
| 119. of the Revised Code to implement this section. The rules may | 71236 |
| specify circumstances under which the department may continue a | 71237 |
| provider agreement or issue a provider agreement to an applicant | 71238 |
| when the provider or applicant has been convicted of, has pleaded | 71239 |
| guilty to, or has been found eligible for intervention in lieu of | 71240 |
| conviction for any of the offenses specified in division (G)(1) or | 71241 |
| (2) of this section. The rules may also specify circumstances | 71242 |
| under which a provider may permit a person to be an employee, | 71243 |
| owner, officer, or board member of the provider, when the person | 71244 |
| has been convicted of, has pleaded guilty to, or has been found | 71245 |
| eligible for intervention in lieu of conviction for any of the | 71246 |
| offenses specified in division (G)(1) or (2) of this section. | 71247 |
| Sec. 5111.033. (A) As used in this section: | 71248 |
| (1) "Applicant" means a person who is under final | 71249 |
| consideration for employment or, after September 26, 2003, an | 71250 |
| existing employee with a waiver agency in a full-time, part-time, | 71251 |
| or temporary position that involves providing home and | 71252 |
| community-based waiver services to a person with disabilities. | 71253 |
| "Applicant" also means an existing employee with a waiver agency | 71254 |
| in a full-time, part-time, or temporary position that involves | 71255 |
| providing home and community-based waiver services to a person | 71256 |
| with disabilities after September 26, 2003. | 71257 |
| (2) "Criminal records check" has the same meaning as in | 71258 |
| section 109.572 of the Revised Code. | 71259 |
| (3) "Waiver agency" means a person or government entity that | 71260 |
| is not certified under the medicare program and is accredited by | 71261 |
| the community health accreditation program or the joint commission | 71262 |
| on accreditation of health care organizations or a company that | 71263 |
| provides home and community-based waiver services to persons with | 71264 |
| disabilities through department of job and family services | 71265 |
| administered home and community-based waiver programs. | 71266 |
| (4) "Home and community-based waiver services" means services | 71267 |
| furnished under the provision of 42 C.F.R. 441, subpart G, that | 71268 |
| permit individuals to live in a home setting rather than a nursing | 71269 |
| facility or hospital. Home and community-based waiver services are | 71270 |
| approved by the centers for medicare and medicaid for specific | 71271 |
| populations and are not otherwise available under the medicaid | 71272 |
| state plan. | 71273 |
| (B)(1) The chief administrator of a waiver agency shall | 71274 |
| require each applicant to request that the superintendent of the | 71275 |
| bureau of criminal identification and investigation conduct a | 71276 |
| criminal records check with respect to the applicant. If an | 71277 |
| applicant for whom a criminal records check request is required | 71278 |
| under this division does not present proof of having been a | 71279 |
| resident of this state for the five-year period immediately prior | 71280 |
| to the date the criminal records check is requested or provide | 71281 |
| evidence that within that five-year period the superintendent has | 71282 |
| requested information about the applicant from the federal bureau | 71283 |
| of investigation in a criminal records check, the chief | 71284 |
| administrator shall require the applicant to request that the | 71285 |
| superintendent obtain information from the federal bureau of | 71286 |
| investigation as part of the criminal records check of the | 71287 |
| applicant. Even if an applicant for whom a criminal records check | 71288 |
| request is required under this division presents proof of having | 71289 |
| been a resident of this state for the five-year period, the chief | 71290 |
| administrator may require the applicant to request that the | 71291 |
| superintendent include information from the federal bureau of | 71292 |
| investigation in the criminal records check. | 71293 |
| (2) The chief administrator shall provide the following to | 71294 |
| each applicant for whom a criminal records check request is | 71295 |
| required under division (B)(1) of this section: | 71296 |
| (a) Information about accessing, completing, and forwarding | 71297 |
| to the superintendent of the bureau of criminal identification and | 71298 |
| investigation the form prescribed pursuant to division (C)(1) of | 71299 |
| section 109.572 of the Revised Code and the standard fingerprint | 71300 |
| impression sheet prescribed pursuant to division (C)(2) of that | 71301 |
| section; | 71302 |
| (b) Written notification that the applicant is to instruct | 71303 |
| the superintendent to submit the completed report of the criminal | 71304 |
| records check directly to the chief administrator. | 71305 |
| (3) An applicant given information and notification under | 71306 |
| divisions (B)(2)(a) and (b) of this section who fails to access, | 71307 |
| complete, and forward to the superintendent the form or the | 71308 |
| standard fingerprint impression sheet, or who fails to instruct | 71309 |
| the superintendent to submit the completed report of the criminal | 71310 |
| records check directly to the chief administrator, shall not be | 71311 |
| employed in any position in a waiver agency for which a criminal | 71312 |
| records check is required by this section. | 71313 |
| (C)(1) Except as provided in rules adopted by the department | 71314 |
| of job and family services in accordance with division (F) of this | 71315 |
| section and subject to division (C)(2) of this section, no waiver | 71316 |
| agency shall employ a person in a position that involves providing | 71317 |
| home and community-based waiver services to persons with | 71318 |
| disabilities if the person has been convicted of, has pleaded | 71319 |
| guilty to, or has been found eligible for intervention in lieu of | 71320 |
| conviction for any of the following, regardless of the date of the | 71321 |
| conviction, the date of entry of the guilty plea, or the date the | 71322 |
| person was found eligible for intervention in lieu of conviction: | 71323 |
| (a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, | 71324 |
| 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, | 71325 |
| 2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, | 71326 |
| 2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, | 71327 |
| 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24, | 71328 |
| 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 71329 |
| 2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01, | 71330 |
| 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, | 71331 |
| 2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41, | 71332 |
| 2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, | 71333 |
| 2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11, | 71334 |
| 2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03, | 71335 |
| 2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02, | 71336 |
| 2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, | 71337 |
| 2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, | 71338 |
| 2925.23, 2927.12, or 3716.11 of the Revised Code, felonious | 71339 |
| sexual penetration in violation of former section 2907.12 of the | 71340 |
| Revised Code, a violation of section 2905.04 of the Revised Code | 71341 |
| as it existed prior to July 1, 1996, a violation of section | 71342 |
| 2919.23 of the Revised Code that would have been a violation of | 71343 |
| section 2905.04 of the Revised Code as it existed prior to July | 71344 |
| 1, 1996, had the violation been committed prior to that date; | 71345 |
| (b) | 71346 |
| ordinance or law of this state, any other state, or the United | 71347 |
| States that is substantially equivalent to any of the offenses | 71348 |
| listed in division (C)(1)(a) of this section. | 71349 |
| (2)(a) A waiver agency may employ conditionally an applicant | 71350 |
| for whom a criminal records check request is required under | 71351 |
| division (B) of this section prior to obtaining the results of a | 71352 |
| criminal records check regarding the individual, provided that the | 71353 |
| agency shall require the individual to request a criminal records | 71354 |
| check regarding the individual in accordance with division (B)(1) | 71355 |
| of this section not later than five business days after the | 71356 |
| individual begins conditional employment. | 71357 |
| (b) A waiver agency that employs an individual conditionally | 71358 |
| under authority of division (C)(2)(a) of this section shall | 71359 |
| terminate the individual's employment if the results of the | 71360 |
| criminal records check request under division (B) of this section, | 71361 |
| other than the results of any request for information from the | 71362 |
| federal bureau of investigation, are not obtained within the | 71363 |
| period ending sixty days after the date the request is made. | 71364 |
| Regardless of when the results of the criminal records check are | 71365 |
| obtained, if the results indicate that the individual has been | 71366 |
| convicted of, has pleaded guilty to, or has been found eligible | 71367 |
| for intervention in lieu of conviction for any of the offenses | 71368 |
| listed or described in division (C)(1) of this section, the agency | 71369 |
| shall terminate the individual's employment unless the agency | 71370 |
| chooses to employ the individual pursuant to division (F) of this | 71371 |
| section. | 71372 |
| (D)(1) The fee prescribed pursuant to division (C)(3) of | 71373 |
| section 109.572 of the Revised Code for each criminal records | 71374 |
| check conducted pursuant to a request made under division (B) of | 71375 |
| this section shall be paid to the bureau of criminal | 71376 |
| identification and investigation by the applicant or the waiver | 71377 |
| agency. | 71378 |
| (2) If a waiver agency pays the fee, it may charge the | 71379 |
| applicant a fee not exceeding the amount the agency pays under | 71380 |
| division (D)(1) of this section. An agency may collect a fee only | 71381 |
| if the agency notifies the person at the time of initial | 71382 |
| application for employment of the amount of the fee and that, | 71383 |
| unless the fee is paid, the person will not be considered for | 71384 |
| employment. | 71385 |
| (E) The report of any criminal records check conducted | 71386 |
| pursuant to a request made under this section is not a public | 71387 |
| record for the purposes of section 149.43 of the Revised Code and | 71388 |
| shall not be made available to any person other than the | 71389 |
| following: | 71390 |
| (1) The individual who is the subject of the criminal records | 71391 |
| check or the individual's representative; | 71392 |
| (2) The chief administrator of the agency requesting the | 71393 |
| criminal records check or the administrator's representative; | 71394 |
| (3) An administrator at the department; | 71395 |
| (4) A court, hearing officer, or other necessary individual | 71396 |
| involved in a case dealing with a denial of employment of the | 71397 |
| applicant or dealing with employment or unemployment benefits of | 71398 |
| the applicant. | 71399 |
| (F) The department shall adopt rules in accordance with | 71400 |
| Chapter 119. of the Revised Code to implement this section. The | 71401 |
| rules shall specify circumstances under which a waiver agency may | 71402 |
| employ a person who has been convicted of, has pleaded guilty to, | 71403 |
| or has been found eligible for intervention in lieu of conviction | 71404 |
| for an offense listed or described in division (C)(1) of this | 71405 |
| section. | 71406 |
| (G) The chief administrator of a waiver agency shall inform | 71407 |
| each person, at the time of initial application for a position | 71408 |
| that involves providing home and community-based waiver services | 71409 |
| to a person with a disability, that the person is required to | 71410 |
| provide a set of fingerprint impressions and that a criminal | 71411 |
| records check is required to be conducted if the person comes | 71412 |
| under final consideration for employment. | 71413 |
| (H)(1) A person who, on September 26, 2003, is an employee | 71414 |
| of a waiver agency in a full-time, part-time, or temporary | 71415 |
| position that involves providing home and community-based waiver | 71416 |
| services to a person with disabilities shall comply with this | 71417 |
| section within sixty days after September 26, 2003, unless | 71418 |
| division (H)(2) of this section applies. | 71419 |
| (2) This section shall not apply to a person to whom all of | 71420 |
| the following apply: | 71421 |
| (a) On September 26, 2003, the person is an employee of a | 71422 |
| waiver agency in a full-time, part-time, or temporary position | 71423 |
| that involves providing home and community-based waiver services | 71424 |
| to a person with disabilities. | 71425 |
| (b) The person previously had been the subject of a criminal | 71426 |
| background check relating to that position; | 71427 |
| (c) The person has been continuously employed in that | 71428 |
| position since that criminal background check had been conducted. | 71429 |
| Sec. 5111.034. (A) As used in this section: | 71430 |
| (1) "Anniversary date" means the later of the effective date | 71431 |
| of the provider agreement relating to the independent provider or | 71432 |
| sixty days after September 26, 2003. | 71433 |
| (2) "Criminal records check" has the same meaning as in | 71434 |
| section 109.572 of the Revised Code. | 71435 |
| (3) "Department" includes a designee of the department of | 71436 |
| job and family services. | 71437 |
| (4) "Independent provider" means a person who is submitting | 71438 |
| an application for a provider agreement or who has a provider | 71439 |
| agreement as an independent provider in a department of job and | 71440 |
| family services administered home and community-based services | 71441 |
| program providing home and community-based waiver services to | 71442 |
| consumers with disabilities. | 71443 |
| (5) "Home and community-based waiver services" has the same | 71444 |
| meaning as in section 5111.033 of the Revised Code. | 71445 |
| (B)(1) The department of job and family services shall inform | 71446 |
| each independent provider, at the time of initial application for | 71447 |
| a provider agreement that involves providing home and | 71448 |
| community-based waiver services to consumers with disabilities, | 71449 |
| that the independent provider is required to provide a set of | 71450 |
| fingerprint impressions and that a criminal records check is | 71451 |
| required to be conducted if the person is to become an independent | 71452 |
| provider in a department administered home and community-based | 71453 |
| waiver program. | 71454 |
| (2) Beginning on September 26, 2003, the department shall | 71455 |
| inform each enrolled medicaid independent provider on or before | 71456 |
| time of the anniversary date of the provider agreement that | 71457 |
| involves providing home and community-based waiver services to | 71458 |
| consumers with disabilities that the independent provider is | 71459 |
| required to provide a set of fingerprint impressions and that a | 71460 |
| criminal records check is required to be conducted. | 71461 |
| (C)(1) The department shall require the independent provider | 71462 |
| to complete a criminal records check prior to entering into a | 71463 |
| provider agreement with the independent provider and at least | 71464 |
| annually thereafter. If an independent provider for whom a | 71465 |
| criminal records check is required under this division does not | 71466 |
| present proof of having been a resident of this state for the | 71467 |
| five-year period immediately prior to the date the criminal | 71468 |
| records check is requested or provide evidence that within that | 71469 |
| five-year period the superintendent of the bureau of criminal | 71470 |
| identification and investigation has requested information about | 71471 |
| the independent provider from the federal bureau of investigation | 71472 |
| in a criminal records check, the department shall request that | 71473 |
| the independent provider obtain through the superintendent a | 71474 |
| criminal records request from the federal bureau of investigation | 71475 |
| as part of the criminal records check of the independent | 71476 |
| provider. Even if an independent provider for whom a criminal | 71477 |
| records check request is required under this division presents | 71478 |
| proof of having been a resident of this state for the five-year | 71479 |
| period, the department may request that the independent provider | 71480 |
| obtain information through the superintendent from the federal | 71481 |
| bureau of investigation in the criminal records check. | 71482 |
| (2) The department shall provide the following to each | 71483 |
| independent provider for whom a criminal records check request | 71484 |
| is required under division (C)(1) of this section: | 71485 |
| (a) Information about accessing, completing, and forwarding | 71486 |
| to the superintendent of the bureau of criminal identification and | 71487 |
| investigation the form prescribed pursuant to division (C)(1) of | 71488 |
| section 109.572 of the Revised Code and the standard fingerprint | 71489 |
| impression sheet prescribed pursuant to division (C)(2) of that | 71490 |
| section; | 71491 |
| (b) Written notification that the independent provider is to | 71492 |
| instruct the superintendent to submit the completed report of the | 71493 |
| criminal records check directly to the department. | 71494 |
| (3) An independent provider given information and | 71495 |
| notification under divisions (C)(2)(a) and (b) of this section | 71496 |
| who fails to access, complete, and forward to the superintendent | 71497 |
| the form or the standard fingerprint impression sheet, or who | 71498 |
| fails to instruct the superintendent to submit the completed | 71499 |
| report of the criminal records check directly to the department, | 71500 |
| shall not be approved as an independent provider. | 71501 |
| (D) Except as provided in rules adopted by the department in | 71502 |
| accordance with division (G) of this section, the department shall | 71503 |
| not issue a new provider agreement to, and shall terminate an | 71504 |
| existing provider agreement of, an independent provider if the | 71505 |
| person has been convicted of, has pleaded guilty to, or has been | 71506 |
| found eligible for intervention in lieu of conviction for any of | 71507 |
| the following, regardless of the date of the conviction, the date | 71508 |
| of entry of the guilty plea, or the date the person was found | 71509 |
| eligible for intervention in lieu of conviction: | 71510 |
| (1) A violation of section 959.13, 2903.01, 2903.02, 2903.03, | 71511 |
| 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, | 71512 |
| 2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, | 71513 |
| 2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, | 71514 |
| 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24, | 71515 |
| 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 71516 |
| 2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01, | 71517 |
| 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, | 71518 |
| 2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41, | 71519 |
| 2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, | 71520 |
| 2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11, | 71521 |
| 2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03, | 71522 |
| 2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02, | 71523 |
| 2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, | 71524 |
| 2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, | 71525 |
| 2925.23, 2927.12, or 3716.11 of the Revised Code, felonious | 71526 |
| sexual penetration in violation of former section 2907.12 of the | 71527 |
| Revised Code, a violation of section 2905.04 of the Revised Code | 71528 |
| as it existed prior to July 1, 1996, a violation of section | 71529 |
| 2919.23 of the Revised Code that would have been a violation of | 71530 |
| section 2905.04 of the Revised Code as it existed prior to July | 71531 |
| 1, 1996, had the violation been committed prior to that date; | 71532 |
| (2) | 71533 |
| ordinance or law of this state, any other state, or the United | 71534 |
| States that is substantially equivalent to any of the offenses | 71535 |
| listed in division (D)(1) of this section. | 71536 |
| (E) Each independent provider shall pay to the bureau of | 71537 |
| criminal identification and investigation the fee prescribed | 71538 |
| pursuant to division (C)(3) of section 109.572 of the Revised Code | 71539 |
| for each criminal records check conducted pursuant to a request | 71540 |
| made under division (C) of this section. | 71541 |
| (F) The report of any criminal records check conducted by the | 71542 |
| bureau of criminal identification and investigation in accordance | 71543 |
| with section 109.572 of the Revised Code and pursuant to a request | 71544 |
| made under division (C) of this section is not a public record for | 71545 |
| the purposes of section 149.43 of the Revised Code and shall not | 71546 |
| be made available to any person other than the following: | 71547 |
| (1) The person who is the subject of the criminal records | 71548 |
| check or the person's representative; | 71549 |
| (2) An administrator at the department or the administrator's | 71550 |
| representative; | 71551 |
| (3) A court, hearing officer, or other necessary individual | 71552 |
| involved in a case dealing with a denial or termination of a | 71553 |
| provider agreement related to the criminal records check. | 71554 |
| (G) The department shall adopt rules in accordance with | 71555 |
| Chapter 119. of the Revised Code to implement this section. The | 71556 |
| rules shall specify circumstances under which the department may | 71557 |
| either issue a provider agreement to an independent provider or | 71558 |
| allow an independent provider to maintain an existing provider | 71559 |
| agreement when the independent provider has been convicted of, | 71560 |
| has pleaded guilty to, or has been found eligible for intervention | 71561 |
| in lieu of conviction for an offense listed or described in | 71562 |
|
division | 71563 |
| Sec. 5111.035. (A) Each medicaid provider selected by the | 71564 |
| department of job and family services shall give bond with surety | 71565 |
| to the department, in the amount the department determines and to | 71566 |
| the satisfaction of the department, for the faithful adherence by | 71567 |
| the provider to the requirements of section 5111.03 of the Revised | 71568 |
| Code. | 71569 |
| (B) The department shall determine which providers are | 71570 |
| subject to division (A) of this section, but at a minimum shall | 71571 |
| apply the bond requirement to each provider who has been | 71572 |
| investigated for any criminal offense of fraud, as defined in | 71573 |
| Chapter 2913. of the Revised Code. The department shall set the | 71574 |
| amount of the bond at a level that reflects, as determined by the | 71575 |
| director of job and family services, the level of risk of fraud by | 71576 |
| the provider. | 71577 |
| Sec. 5111.06. (A)(1) As used in this section and in sections | 71578 |
| 5111.061 and 5111.062 of the Revised Code: | 71579 |
| (a) "Provider" means any person, institution, or entity that | 71580 |
| furnishes medicaid services under a provider agreement with the | 71581 |
| department of job and family services pursuant to Title XIX of the | 71582 |
| "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as | 71583 |
| amended. | 71584 |
| (b) "Party" has the same meaning as in division (G) of | 71585 |
| section 119.01 of the Revised Code. | 71586 |
| (c) "Adjudication" has the same meaning as in division (D) of | 71587 |
| section 119.01 of the Revised Code. | 71588 |
| (2) This section does not apply to any action taken by the | 71589 |
| department of job and family services under sections 5111.35 to | 71590 |
| 5111.62 of the Revised Code. | 71591 |
| (B) Except as provided in division (D) of this section and | 71592 |
| section 5111.914 of the Revised Code, the department shall do | 71593 |
| either of the following by issuing an order pursuant to an | 71594 |
| adjudication conducted in accordance with Chapter 119. of the | 71595 |
| Revised Code: | 71596 |
| (1) Enter into or refuse to enter into a provider agreement | 71597 |
| with a provider, or suspend, terminate, renew, or refuse to renew | 71598 |
| an existing provider agreement with a provider; | 71599 |
| (2) Take any action based upon a final fiscal audit of a | 71600 |
| provider. | 71601 |
| (C) Any party who is adversely affected by the issuance of an | 71602 |
| adjudication order under division (B) of this section may appeal | 71603 |
| to the court of common pleas of Franklin county in accordance with | 71604 |
| section 119.12 of the Revised Code. | 71605 |
| (D) The department is not required to comply with division | 71606 |
| (B)(1) of this section whenever any of the following occur: | 71607 |
| (1) The terms of a provider agreement require the provider to | 71608 |
| hold a license, permit, or certificate or maintain a | 71609 |
| certification issued by an official, board, commission, | 71610 |
| department, division, bureau, or other agency of state or federal | 71611 |
| government other than the department of job and family services, | 71612 |
| and the license, permit, certificate, or certification has been | 71613 |
| denied, revoked, not renewed, suspended, or otherwise limited. | 71614 |
| (2) The terms of a provider agreement require the provider to | 71615 |
| hold a license, permit, or certificate or maintain certification | 71616 |
| issued by an official, board, commission, department, division, | 71617 |
| bureau, or other agency of state or federal government other than | 71618 |
| the department of job and family services, and the provider has | 71619 |
| not obtained the license, permit, certificate, or certification. | 71620 |
| (3) The provider agreement is denied, terminated, or not | 71621 |
| renewed due to the termination, refusal to renew, or denial of a | 71622 |
| license, permit, certificate, or certification by an official, | 71623 |
| board, commission, department, division, bureau, or other agency | 71624 |
| of this state other than the department of job and family | 71625 |
| services, notwithstanding the fact that the provider may hold a | 71626 |
| license, permit, certificate, or certification from an official, | 71627 |
| board, commission, department, division, bureau, or other agency | 71628 |
| of another state. | 71629 |
| (4) The provider agreement is denied, terminated, or not | 71630 |
| renewed pursuant to division (C) or (F) of section 5111.03 of the | 71631 |
|
Revised Code | 71632 |
| (5) The provider agreement is denied, terminated, or not | 71633 |
| renewed due to the provider's termination, suspension, or | 71634 |
| exclusion from the medicare program established under Title XVIII | 71635 |
| of the "Social Security Act," and the termination, suspension, or | 71636 |
| exclusion is binding on the provider's participation in the | 71637 |
|
medicaid program | 71638 |
| (6) The provider agreement is denied, terminated, or not | 71639 |
| renewed due to the provider's pleading guilty to or being | 71640 |
| convicted of a criminal activity materially related to either the | 71641 |
|
medicare or medicaid program | 71642 |
| (7) The provider agreement is denied, terminated, or | 71643 |
| suspended as a result of action by the United States department of | 71644 |
| health and human services and that action is binding on the | 71645 |
|
provider's participation in the medicaid program | 71646 |
| (8) The provider agreement is suspended pursuant to section | 71647 |
| 5111.031 of the Revised Code pending indictment of the provider. | 71648 |
| (9) The provider agreement is denied, terminated, or not | 71649 |
| renewed because the provider or its owner, officer, authorized | 71650 |
| agent, associate, manager, or employee has been convicted of one | 71651 |
| of the offenses that caused the provider agreement to be | 71652 |
| suspended pursuant to section 5111.031 of the Revised Code. | 71653 |
| (10) The provider agreement is converted under section | 71654 |
| 5111.028 of the Revised Code from a provider agreement that is not | 71655 |
| time-limited to a provider agreement that is time-limited. | 71656 |
| (11) The provider agreement is terminated or an application | 71657 |
| for re-enrollment is denied because the provider has failed to | 71658 |
| apply for re-enrollment within the time or in the manner specified | 71659 |
| for re-enrollment pursuant to section 5111.028 of the Revised | 71660 |
| Code. | 71661 |
| (12) The provider agreement is terminated or not renewed | 71662 |
| because the provider has not billed or otherwise submitted a | 71663 |
|
medicaid claim to the department for two years or longer | 71664 |
| 71665 | |
| 71666 | |
| 71667 |
| (13) The provider agreement is denied, terminated, or not | 71668 |
| renewed because the provider fails to provide to the department | 71669 |
| the national provider identifier assigned the provider by the | 71670 |
| national provider system pursuant to 45 C.F.R. 162. 408. | 71671 |
| In the case of a provider described in division (D)(12) or | 71672 |
|
(13) of
this section, the department may | 71673 |
| 71674 | |
|
sending a notice explaining the | 71675 |
| the provider. The notice shall be sent to the provider's address | 71676 |
| on record with the department. The notice may be sent by regular | 71677 |
| mail. | 71678 |
| (E) The department may withhold payments for services | 71679 |
|
rendered by a medicaid provider under the | 71680 |
| medicaid program during the pendency of proceedings initiated | 71681 |
| under division (B)(1) of this section. If the proceedings are | 71682 |
| initiated under division (B)(2) of this section, the department | 71683 |
| may withhold payments only to the extent that they equal amounts | 71684 |
| determined in a final fiscal audit as being due the state. This | 71685 |
| division does not apply if the department fails to comply with | 71686 |
| section 119.07 of the Revised Code, requests a continuance of the | 71687 |
| hearing, or does not issue a decision within thirty days after the | 71688 |
| hearing is completed. This division does not apply to nursing | 71689 |
| facilities and intermediate care facilities for the mentally | 71690 |
| retarded as defined in section 5111.20 of the Revised Code. | 71691 |
| Sec. 5111.081. The director of job and family services, in | 71692 |
| rules adopted under section 5111.02 of the Revised Code, may | 71693 |
| establish and implement a supplemental drug rebate program under | 71694 |
| which drug manufacturers may be required to provide the department | 71695 |
| of job and family services a supplemental rebate as a condition of | 71696 |
| having the drug manufacturers' drug products covered by the | 71697 |
| medicaid program without prior approval. The department may | 71698 |
| receive a supplemental rebate negotiated under the program for a | 71699 |
| drug dispensed to a medicaid recipient pursuant to a prescription | 71700 |
| or a drug purchased by a medicaid provider for administration to a | 71701 |
| medicaid recipient in the provider's primary place of business. If | 71702 |
| necessary, the director may apply to the United States secretary | 71703 |
| of health and human services for a waiver of federal statutes and | 71704 |
| regulations to establish the supplemental drug rebate program. | 71705 |
| If the director establishes a supplemental drug rebate | 71706 |
| program, the director shall consult with drug manufacturers | 71707 |
| regarding the establishment and implementation of the program. | 71708 |
| The director may cooperate with the director of health to | 71709 |
| obtain rebates for all drugs that are covered by the program | 71710 |
| established under this section and the drug rebate program for | 71711 |
| medically handicapped children established under section 3701.021 | 71712 |
| of the Revised Code. The director of job and family services may | 71713 |
| authorize the department of job and family services to serve as | 71714 |
| the administrative agent for the collection of drug rebates for | 71715 |
| purposes of the program for medically handicapped children. | 71716 |
| Sec. 5111.083. (A) As used in this section, "licensed health | 71717 |
| professional authorized to prescribe drugs" has the same meaning | 71718 |
| as in section 4729.01 of the Revised Code. | 71719 |
|
(B) The director of job and family services | 71720 |
| establish an e-prescribing system for the medicaid program under | 71721 |
| which a medicaid provider who is a licensed health professional | 71722 |
| authorized to prescribe drugs shall use an electronic system to | 71723 |
| prescribe a drug for a medicaid recipient when required to do so | 71724 |
| by division (C) of this section. The e-prescribing system shall | 71725 |
| eliminate the need for such medicaid providers to make | 71726 |
| prescriptions for medicaid recipients by handwriting or telephone. | 71727 |
| The e-prescribing system also shall provide such medicaid | 71728 |
| providers with an up-to-date, clinically relevant drug information | 71729 |
| database and a system of electronically monitoring medicaid | 71730 |
| recipients' medical history, drug regimen compliance, and fraud | 71731 |
| and abuse. | 71732 |
|
(C) | 71733 |
| e-prescribing system under division (B) of this section, the | 71734 |
| director shall do all of the following: | 71735 |
| (1) Require that a medicaid provider who is a licensed health | 71736 |
| professional authorized to prescribe drugs use the e-prescribing | 71737 |
| system during a fiscal year if the medicaid provider was one of | 71738 |
| the ten medicaid providers who, during the calendar year that | 71739 |
| precedes that fiscal year, issued the most prescriptions for | 71740 |
| medicaid recipients receiving hospital services; | 71741 |
| (2) Before the beginning of each fiscal year, determine the | 71742 |
| ten medicaid providers that issued the most prescriptions for | 71743 |
| medicaid recipients receiving hospital services during the | 71744 |
| calendar year that precedes the upcoming fiscal year and notify | 71745 |
| those medicaid providers that they must use the e-prescribing | 71746 |
| system for the upcoming fiscal year; | 71747 |
| (3) Seek the most federal financial participation available | 71748 |
| for the development and implementation of the e-prescribing | 71749 |
| system. | 71750 |
| Sec. 5111.084. (A) There is hereby established the pharmacy | 71751 |
| and therapeutics committee of the department of job and family | 71752 |
| services. The committee shall assist the department with | 71753 |
| developing and maintaining a preferred drug list. | 71754 |
| The committee shall review and recommend to the director of | 71755 |
| job and family services the drugs that should be included on the | 71756 |
| preferred drug list. The recommendations shall be made based on | 71757 |
| the evaluation of competent evidence regarding the relative | 71758 |
| safety, efficacy, and effectiveness of prescription drugs within a | 71759 |
| class or classes of prescription drugs. | 71760 |
| (B) The committee shall consist of ten members and shall be | 71761 |
| appointed by the director of job and family services. The | 71762 |
| director shall seek recommendations for membership from relevant | 71763 |
| professional organizations. A candidate for membership recommended | 71764 |
| by a professional organization shall have professional experience | 71765 |
| working with medicaid recipients. The director shall not appoint a | 71766 |
| member who is employed by the department. | 71767 |
| The membership of the committee shall include: | 71768 |
| | 71769 |
| Revised Code; | 71770 |
| | 71771 |
| who hold certificates to practice issued under Chapter 4731. of | 71772 |
| the Revised Code, one of whom is a family practice physician; | 71773 |
| | 71774 |
| Revised Code; | 71775 |
| | 71776 |
| | 71777 |
| issued under Chapter 4731. of the Revised Code and specializes in | 71778 |
| psychiatry. | 71779 |
| (C) The
committee shall
elect | 71780 |
| 71781 |
| The committee shall establish guidelines necessary for the | 71782 |
| committee's operation. | 71783 |
| The committee may establish one or more subcommittees to | 71784 |
| investigate and analyze issues consistent with the duties of the | 71785 |
| committee under this section. The subcommittees may submit | 71786 |
| proposals regarding the issues to the committee and the committee | 71787 |
| may adopt, reject, or modify the proposals. | 71788 |
| A vote by a majority of a quorum is necessary to make | 71789 |
| recommendations to the director. In the case of a tie, the | 71790 |
| chairperson shall decide the outcome. | 71791 |
| (D) The director shall act on the committee's recommendations | 71792 |
| not later than thirty days after the recommendation is posted on | 71793 |
| the department's web site under division (F) of this section. If | 71794 |
| the director does not accept a recommendation of the committee, | 71795 |
| the director shall present the basis for this determination not | 71796 |
| later than fourteen days after making the determination or at the | 71797 |
| next scheduled meeting of the committee, whichever is sooner. | 71798 |
| (E) An interested party may request, and shall be permitted, | 71799 |
| to make a presentation or submit written materials to the | 71800 |
| committee during a committee meeting. The presentation or other | 71801 |
| materials shall be relevant to an issue under consideration by the | 71802 |
| committee and any written material, including a transcript of | 71803 |
| testimony to be given on the day of the meeting, may be submitted | 71804 |
| to the committee in advance of the meeting. | 71805 |
| (F) The department shall post the following on the | 71806 |
| department's web site: | 71807 |
| (1) Guidelines established by the committee under division | 71808 |
| (C) of this section; | 71809 |
| (2) A detailed committee agenda not later than fourteen days | 71810 |
| prior to the date of a regularly scheduled meeting and not later | 71811 |
| than seventy-two hours prior to the date of a special meeting | 71812 |
| called by the committee; | 71813 |
| (3) Committee recommendations not later than seven days after | 71814 |
| the meeting at which the recommendation was approved; | 71815 |
| (4) The director's final determination as to the | 71816 |
| recommendations made by the committee under this section. | 71817 |
| Sec. 5111.092. (A) Not later than January 1, 2010, and each | 71818 |
| year thereafter, the department of job and family services shall | 71819 |
| prepare a report on the department's efforts to minimize fraud, | 71820 |
| waste, and abuse in the medicaid program. In preparing the report, | 71821 |
| the department shall collaborate with other medicaid program | 71822 |
| fraud, waste, and abuse personnel from all of the following: | 71823 |
| (1) The medicaid fraud control unit of the office of the | 71824 |
| attorney general; | 71825 |
| (2) The fraud and investigative audit group of the auditor of | 71826 |
| state; | 71827 |
| (3) State agencies with which the department contracts under | 71828 |
| section 5111.91 of the Revised Code to administer one or more | 71829 |
| components of the medicaid program or one or more aspects of a | 71830 |
| component; | 71831 |
| (4) County departments of job and family services. | 71832 |
| (B) Each report shall include at least both of the following | 71833 |
| with regard to minimizing fraud, waste, and abuse in the medicaid | 71834 |
| program: | 71835 |
| (1) Goals and objectives that are mutually agreed upon by the | 71836 |
| department and the entities with which it collaborates under | 71837 |
| division (A) of this section; | 71838 |
| (2) Performance measures for monitoring all state and local | 71839 |
| activities. | 71840 |
| (C) Each report shall be made available on the department's | 71841 |
| web site. Copies of the report shall be made available to the | 71842 |
| public on request. | 71843 |
| Sec. 5111.093. (A) As used in this section, "local medicaid | 71844 |
| administrative agency" means all of the following: | 71845 |
| (1) A county department of job and family services; | 71846 |
| (2) A county board of mental retardation and developmental | 71847 |
| disabilities; | 71848 |
| (3) A board of alcohol, drug addiction, and mental health | 71849 |
| services; | 71850 |
| (4) A PASSPORT administrative agency; | 71851 |
| (5) A board of education of a city, local, or exempted | 71852 |
| village school district; | 71853 |
| (6) The governing authority of a community school established | 71854 |
| under Chapter 3314. of the Revised Code. | 71855 |
| (B) Each local medicaid administrative agency shall report | 71856 |
| annually to the department of job and family services and office | 71857 |
| of budget and management all of the following information | 71858 |
| regarding the previous calendar year: | 71859 |
| (1) The total amount of local government funds the local | 71860 |
| medicaid administrative agency expended for the medicaid program; | 71861 |
| (2) The portion of the total reported under division (B)(1) | 71862 |
| of this section that represents funds raised by local property tax | 71863 |
| levies; | 71864 |
| (3) The local medicaid administrative agency's total | 71865 |
| administrative costs for the medicaid program; | 71866 |
| (4) The local medicaid administrative agency's administrative | 71867 |
| costs for the medicaid program for which the agency receives no | 71868 |
| federal financial participation; | 71869 |
| (5) The total amount of state funds provided to the local | 71870 |
| medicaid administrative agency for the medicaid program. | 71871 |
| Sec. 5111.141. (A) The department of job and family services | 71872 |
| shall implement a disease management component of the medicaid | 71873 |
| program. The disease management component shall consist of a | 71874 |
| system of coordinated health care interventions and patient | 71875 |
| communications for groups of medicaid recipients who have medical | 71876 |
| conditions for which the department determines patient self-care | 71877 |
| efforts are significant. The disease management component shall do | 71878 |
| all of the following: | 71879 |
| (1) Support physicians, the professional relationship between | 71880 |
| patients and their medical caregivers, and patients' plans of | 71881 |
| care; | 71882 |
| (2) Emphasize prevention of exacerbations and complications | 71883 |
| of medical conditions using evidence-based practice guidelines and | 71884 |
| patient empowerment strategies; | 71885 |
| (3) Evaluate clinical, humanistic, and economic outcomes on | 71886 |
| an ongoing basis with the goal of improving overall health. | 71887 |
| (B) To the extent the department considers appropriate, | 71888 |
| contracts that the department enters into with other state | 71889 |
| agencies under section 5111.91 of the Revised Code shall provide | 71890 |
| for the other state agencies to include the disease management | 71891 |
| component in the component of the medicaid program that the other | 71892 |
| state agency administers pursuant to the contract. | 71893 |
| Sec. 5111.142. The department of job and family services | 71894 |
| shall conduct a review of case management services provided under | 71895 |
| the fee-for-service component of the medicaid program. In | 71896 |
| conducting the review, the department shall identify which groups | 71897 |
| of medicaid recipients not participating in the care management | 71898 |
| system established under section 5111.16 of the Revised Code or | 71899 |
| enrolled in a medicaid waiver component as defined in section | 71900 |
| 5111.85 of the Revised Code do not receive case management | 71901 |
| services and which groups of such medicaid recipients receive case | 71902 |
| management services as part of two or more components of the | 71903 |
| medicaid program or from two or more providers. | 71904 |
| After completing the review, the department shall implement a | 71905 |
| case management component of the medicaid program. The department | 71906 |
| shall model the case management component on the former enhanced | 71907 |
| care management program that the department created as part of the | 71908 |
| care management system established under section 5111.16 of the | 71909 |
| Revised Code. The department shall make such adjustments as are | 71910 |
| necessary to accommodate the groups the case management component | 71911 |
| is to serve. At a minimum, the case management component shall | 71912 |
| serve medicaid recipients who are members of the groups identified | 71913 |
| in the review conducted under this section and have been diagnosed | 71914 |
| by a physician as having any of the following medical conditions: | 71915 |
| (A) A high-risk pregnancy; | 71916 |
| (B) Diabetes; | 71917 |
| (C) Asthma; | 71918 |
| (D) Lung disease; | 71919 |
| (E) Congestive heart failure; | 71920 |
| (F) Coronary artery disease; | 71921 |
| (G) Hypertension; | 71922 |
| (H) Hyperlipidemia; | 71923 |
| (I) Testing positive for human immunodeficiency virus | 71924 |
| infection; | 71925 |
| (J) Acquired immunodeficiency syndrome; | 71926 |
| (K) Chronic obstructive pulmonary disease. | 71927 |
| Sec. 5111.16. (A) As part of the medicaid program, the | 71928 |
| department of job and family services shall establish a care | 71929 |
| management system. The department shall submit, if necessary, | 71930 |
| applications to the United States department of health and human | 71931 |
| services for waivers of federal medicaid requirements that would | 71932 |
| otherwise be violated in the implementation of the system. | 71933 |
| (B) The department shall implement the care management system | 71934 |
| in some or all counties and shall designate the medicaid | 71935 |
| recipients who are required or permitted to participate in the | 71936 |
| system. In the department's implementation of the system and | 71937 |
| designation of participants, all of the following apply: | 71938 |
| (1) | 71939 |
| section, in the case of individuals who receive medicaid on the | 71940 |
| basis of being included in the category identified by the | 71941 |
| department as covered families and children, the department shall | 71942 |
| implement the care management system in all counties. All | 71943 |
| individuals included in the category shall be designated for | 71944 |
|
participation, except for | 71945 |
| or more of the medicaid recipient groups specified in 42 C.F.R. | 71946 |
|
438.50(d). The | 71947 |
| 71948 | |
| 71949 | |
| enrolled in health insuring corporations under contract with the | 71950 |
| department pursuant to section 5111.17 of the Revised Code. | 71951 |
| (2) | 71952 |
| section, in the case of individuals who receive medicaid on the | 71953 |
| basis of being aged, blind, or disabled, as specified in division | 71954 |
| (A)(2) of section 5111.01 of the Revised Code, the department | 71955 |
| shall implement the care management system in all counties. All | 71956 |
| individuals included in the category shall be designated for | 71957 |
| participation, except for the individuals specified in divisions | 71958 |
|
(B)(2)(a) to (e) of this section. | 71959 |
| 71960 | |
| participants are enrolled in health insuring corporations under | 71961 |
| contract with the department pursuant to section 5111.17 of the | 71962 |
| Revised Code. | 71963 |
| In designating participants who receive medicaid on the basis | 71964 |
| of being aged, blind, or disabled, the department shall not | 71965 |
| include any of the following: | 71966 |
| (a) Individuals who are under twenty-one years of age; | 71967 |
| (b) Individuals who are institutionalized; | 71968 |
| (c) Individuals who become eligible for medicaid by spending | 71969 |
| down their income or resources to a level that meets the medicaid | 71970 |
| program's financial eligibility requirements; | 71971 |
| (d) Individuals who are dually eligible under the medicaid | 71972 |
| program and the medicare program established under Title XVIII of | 71973 |
| the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as | 71974 |
| amended; | 71975 |
| (e) Individuals to the extent that they are receiving | 71976 |
| medicaid services through a medicaid waiver component, as defined | 71977 |
| in section 5111.85 of the Revised Code. | 71978 |
| (3) The department shall not designate an individual as a | 71979 |
| participant in the care management system under division (B)(1) or | 71980 |
| (2) of this section if the individual is designated as a | 71981 |
| participant in the alternative care models program established | 71982 |
| under section 5111.165 of the Revised Code. | 71983 |
| (4) Alcohol, drug addiction, and mental health services | 71984 |
| covered by medicaid shall not be included in any component of the | 71985 |
| care management system when the nonfederal share of the cost of | 71986 |
|
those services is provided by a board of alcohol, drug | 71987 |
| addiction, and mental health services or a state agency other than | 71988 |
| the department of job and family services, but the recipients of | 71989 |
| those services may otherwise be designated for participation in | 71990 |
| the system. | 71991 |
| (C) Subject to division (B) of this section, the department | 71992 |
| may do both of the following under the care management system: | 71993 |
| (1) Require or permit participants in the system to obtain | 71994 |
| health care services from providers designated by the department; | 71995 |
| (2) Require or permit participants in the system to obtain | 71996 |
| health care services through managed care organizations under | 71997 |
| contract with the department pursuant to section 5111.17 of the | 71998 |
| Revised Code. | 71999 |
| (D)(1) The department shall prepare an annual report on the | 72000 |
| care management system. The report shall address the department's | 72001 |
| ability to implement the system, including all of the following | 72002 |
| components: | 72003 |
| (a) The required designation of participants included in the | 72004 |
| category identified by the department as covered families and | 72005 |
| children; | 72006 |
| (b) The required designation of participants included in the | 72007 |
| aged, blind, or disabled category of medicaid recipients; | 72008 |
| (c) | 72009 |
| 72010 |
| | 72011 |
| (2) The department shall submit each annual report to the | 72012 |
| general assembly. The first report shall be submitted not later | 72013 |
| than October 1, 2007. | 72014 |
| (E) The director of job and family services may adopt rules | 72015 |
| in accordance with Chapter 119. of the Revised Code to implement | 72016 |
| this section. | 72017 |
| Sec. 5111.165. (A) Notwithstanding any conflicting provision | 72018 |
| of section 5111.16 of the Revised Code, the department of job and | 72019 |
| family services shall develop and implement an alternative care | 72020 |
| models program as part of the care management system established | 72021 |
| under that section. The purpose of the program shall be to test | 72022 |
| and evaluate multiple alternative care models for providing health | 72023 |
| care services to medicaid recipients designated under this section | 72024 |
| as participants in the program. | 72025 |
| (B) The program shall be implemented not later than October | 72026 |
| 1, 2009, or, if by that date the department has not received any | 72027 |
| necessary federal approval to implement the program, as soon as | 72028 |
| practicable after receiving the approval. | 72029 |
| In implementing the program, the department shall ensure that | 72030 |
| each model included in the program is operated in at least three | 72031 |
| counties selected by the department. The department may extend its | 72032 |
| operation of a model program into other counties if the department | 72033 |
| determines that such an expansion is necessary to evaluate the | 72034 |
| effectiveness of the model program. | 72035 |
| (C) The department shall periodically alter the requirements, | 72036 |
| design, or eligible participants in the program in order to test | 72037 |
| and evaluate the effectiveness of varying alternative care models | 72038 |
| for providing medicaid services, except that each model included | 72039 |
| in the program shall be in effect for a duration necessary to | 72040 |
| evaluate the effectiveness of the model. | 72041 |
| (D) The department shall conduct an evaluation of each | 72042 |
| alternative care model included in the program. As part of the | 72043 |
| evaluation, the department shall maintain statistics on physician | 72044 |
| expenditures, hospital expenditures, preventable hospitalizations, | 72045 |
| costs for each participant, effectiveness, and health outcomes for | 72046 |
| participants. | 72047 |
| (E) The department shall adopt rules in accordance with | 72048 |
| Chapter 119. of the Revised Code as necessary to implement this | 72049 |
| section. The rules shall specify standards and procedures to be | 72050 |
| used in designating participants of the program. | 72051 |
| Sec. 5111.176. (A) As used in this section: | 72052 |
| (1) "Medicaid health insuring corporation" means a health | 72053 |
| insuring corporation that holds a certificate of authority under | 72054 |
| Chapter 1751. of the Revised Code and has entered into a contract | 72055 |
| with the department of job and family services pursuant to section | 72056 |
| 5111.17 of the Revised Code. | 72057 |
| (2) "Managed care premium" means any premium payment, | 72058 |
| capitation payment, or other payment a medicaid health insuring | 72059 |
| corporation receives for providing, or arranging for the provision | 72060 |
| of, health care services to its members or enrollees residing in | 72061 |
| this state. | 72062 |
| (B) Except as provided in division (C) of this section, all | 72063 |
| of the following apply: | 72064 |
| (1) Each medicaid health insuring corporation shall pay to | 72065 |
| the department of job and family services a franchise permit fee | 72066 |
| for the period December 1, 2005, through December 31, 2005, and | 72067 |
|
each calendar quarter occurring | 72068 |
| 2006, and September 30, 2009. | 72069 |
| (2) The fee to be paid is an amount that is equal to a | 72070 |
| percentage of the managed care premiums the medicaid health | 72071 |
| insuring corporation received in the period December 1, 2005, | 72072 |
| through December 31, 2005, and in the subsequent quarter to which | 72073 |
| the fee applies, excluding the amount of any managed care premiums | 72074 |
| the corporation returned or refunded to enrollees, members, or | 72075 |
| premium payers during the period December 1, 2005, through | 72076 |
| December 31, 2005, or the subsequent quarter to which the fee | 72077 |
| applies. | 72078 |
| (3) The percentage to be used in calculating the fee shall be | 72079 |
| four and one-half per cent, unless the department adopts rules | 72080 |
| under division (L) of this section decreasing the percentage below | 72081 |
| four and one-half per cent or increasing the percentage to not | 72082 |
| more than six per cent. | 72083 |
| (C) The department shall reduce the franchise permit fee | 72084 |
| imposed under this section or terminate its collection of the fee | 72085 |
| if the department determines either of the following: | 72086 |
| (1) That the reduction or termination is required to comply | 72087 |
| with federal statutes or regulations; | 72088 |
| (2) That the fee does not qualify as a state share of | 72089 |
| medicaid expenditures eligible for federal financial | 72090 |
| participation. | 72091 |
| (D) The franchise permit fee shall be paid on or before the | 72092 |
| thirtieth day following the end of the period December 1, 2005, | 72093 |
| through December 31, 2005, or the calendar quarter to which the | 72094 |
| fee applies. At the time the fee is submitted, the medicaid health | 72095 |
| insuring corporation shall file with the department a report on a | 72096 |
| form prescribed by the department. The corporation shall provide | 72097 |
| on the form all information required by the department and shall | 72098 |
| include with the form any necessary supporting documentation. | 72099 |
| (E) The department may audit the records of any medicaid | 72100 |
| health insuring corporation to determine whether the corporation | 72101 |
| is in compliance with this section. The department may audit the | 72102 |
| records that pertain to the period December 1, 2005, through | 72103 |
| December 31, 2005, or a particular calendar quarter, at any time | 72104 |
| during the five years following the date the franchise permit fee | 72105 |
| payment for that period or quarter was due. | 72106 |
| (F)(1) A medicaid health insuring corporation that does not | 72107 |
| pay the franchise permit fee in full by the date the payment is | 72108 |
| due is subject to any or all of the following: | 72109 |
| (a) A monetary penalty in the amount of five hundred dollars | 72110 |
| for each day any part of the fee remains unpaid, except that the | 72111 |
| penalty shall not exceed an amount equal to five per cent of the | 72112 |
| total fee that was due; | 72113 |
| (b) Withholdings from future managed care premiums pursuant | 72114 |
| to division (G) of this section; | 72115 |
| (c) Termination of the corporation's medicaid provider | 72116 |
| agreement pursuant to division (H) of this section. | 72117 |
| (2) Penalties imposed under division (F)(1)(a) of this | 72118 |
| section are in addition to and not in lieu of the franchise permit | 72119 |
| fee. | 72120 |
| (G) If a medicaid health insuring corporation fails to pay | 72121 |
| the full amount of its franchise permit fee when due, or the full | 72122 |
| amount of a penalty imposed under division (F)(1)(a) of this | 72123 |
| section, the department may withhold an amount equal to the | 72124 |
| remaining amount due from any future managed care premiums to be | 72125 |
| paid to the corporation under the medicaid program. The department | 72126 |
| may withhold amounts under this division without providing notice | 72127 |
| to the corporation. The amounts may be withheld until the amount | 72128 |
| due has been paid. | 72129 |
| (H) The department may commence actions to terminate a | 72130 |
| medicaid health insuring corporation's medicaid provider | 72131 |
| agreement, and may terminate the agreement subject to division (I) | 72132 |
| of this section, if the corporation does any of the following: | 72133 |
| (1) Fails to pay its franchise permit fee or fails to pay the | 72134 |
| fee promptly; | 72135 |
| (2) Fails to pay a penalty imposed under division (F)(1)(a) | 72136 |
| of this section or fails to pay the penalty promptly; | 72137 |
| (3) Fails to cooperate with an audit conducted under division | 72138 |
| (E) of this section. | 72139 |
| (I) At the request of a medicaid health insuring corporation, | 72140 |
| the department shall grant the corporation a hearing in accordance | 72141 |
| with Chapter 119. of the Revised Code, if either of the following | 72142 |
| is the case: | 72143 |
| (1) The department has determined that the corporation owes | 72144 |
| an additional franchise permit fee or penalty as the result of an | 72145 |
| audit conducted under division (E) of this section. | 72146 |
| (2) The department is proposing to terminate the | 72147 |
| corporation's medicaid provider agreement and the provisions of | 72148 |
| section 5111.06 of the Revised Code requiring an adjudication in | 72149 |
| accordance with Chapter 119. of the Revised Code are applicable. | 72150 |
| (J)(1) At the request of a medicaid corporation, the | 72151 |
| department shall grant the corporation a reconsideration of any | 72152 |
| issue that arises out of the provisions of this section and is not | 72153 |
| subject to division (I) of this section. The department's decision | 72154 |
| at the conclusion of the reconsideration is not subject to appeal | 72155 |
| under Chapter 119. of the Revised Code or any other provision of | 72156 |
| the Revised Code. | 72157 |
| (2) In conducting a reconsideration, the department shall do | 72158 |
| at least the following: | 72159 |
| (a) Specify the time frames within which a corporation must | 72160 |
| act in order to exercise its opportunity for a reconsideration; | 72161 |
| (b) Permit the corporation to present written arguments or | 72162 |
| other materials that support the corporation's position. | 72163 |
| (K) There is hereby created in the state treasury the managed | 72164 |
| care assessment fund. Money collected from the franchise permit | 72165 |
| fees and penalties imposed under this section shall be credited to | 72166 |
| the fund. The department shall use the money in the fund to pay | 72167 |
| for medicaid services, the department's administrative costs, and | 72168 |
| contracts with medicaid health insuring corporations. | 72169 |
| (L) The director of job and family services may adopt rules | 72170 |
| to implement and administer this section. The rules shall be | 72171 |
| adopted in accordance with Chapter 119. of the Revised Code. | 72172 |
| Sec. 5111.21. (A) In order to be eligible for medicaid | 72173 |
| payments, the operator of a nursing facility or intermediate care | 72174 |
| facility for the mentally retarded shall do all of the following: | 72175 |
| (1) Enter into a provider agreement with the department as | 72176 |
| provided in section 5111.22, 5111.671, or 5111.672 of the Revised | 72177 |
| Code; | 72178 |
| (2) Apply for and maintain a valid license to operate if so | 72179 |
| required by law; | 72180 |
| (3) | 72181 |
| with all applicable state and federal laws and rules. | 72182 |
| (B) A state rule that requires the operator of an | 72183 |
| intermediate care facility for the mentally retarded to have | 72184 |
| received approval of a plan for the proposed facility pursuant to | 72185 |
| section 5123.042 of the Revised Code as a condition of the | 72186 |
| operator being eligible for medicaid payments for the facility | 72187 |
| does not apply if, under section 5123.193 of the Revised Code, a | 72188 |
| residential facility license was obtained for the facility without | 72189 |
| obtaining approval of such a plan. | 72190 |
| (C)(1) Except as provided in division | 72191 |
| section, the operator of a nursing facility that elects to obtain | 72192 |
| and maintain eligibility for payments under the medicaid program | 72193 |
| shall qualify all of the facility's medicaid-certified beds in the | 72194 |
| medicare program established by Title XVIII. The director of job | 72195 |
| and family services may adopt rules under section 5111.02 of the | 72196 |
| Revised Code to establish the time frame in which a nursing | 72197 |
| facility must comply with this requirement. | 72198 |
| (2) The Ohio veteran's home agency is not required to qualify | 72199 |
| all of the medicaid-certified beds in a nursing facility the | 72200 |
| agency maintains and operates under section 5907.01 of the Revised | 72201 |
| Code in the medicare program. | 72202 |
| Sec. 5111.211. (A) | 72203 |
| of this section, the department of mental retardation and | 72204 |
| developmental disabilities is responsible for the nonfederal share | 72205 |
| of claims submitted for services that are covered by the medicaid | 72206 |
| program and provided to an eligible medicaid recipient by an | 72207 |
| intermediate care facility for the mentally retarded if all of the | 72208 |
| following are the case: | 72209 |
| (1) The services are provided on or after July 1, 2003; | 72210 |
| (2) The facility receives initial certification by the | 72211 |
| director of health as an intermediate care facility for the | 72212 |
| mentally retarded on or after June 1, 2003; | 72213 |
| (3) The facility, or a portion of the facility, is licensed | 72214 |
| by the director of mental retardation and developmental | 72215 |
| disabilities as a residential facility under section 5123.19 of | 72216 |
| the Revised Code; | 72217 |
| (4) There is a valid provider agreement for the facility. | 72218 |
| (B) Each month, the department of job and family services | 72219 |
| shall invoice the department of mental retardation and | 72220 |
| developmental disabilities by interagency transfer voucher for the | 72221 |
| claims for which the department of mental retardation and | 72222 |
| developmental disabilities is responsible pursuant to this | 72223 |
| section. | 72224 |
| (C) Division (A) of this section does not apply to claims | 72225 |
| submitted for an intermediate care facility for the mentally | 72226 |
| retarded if, under section 5123.193 of the Revised Code, a | 72227 |
| residential facility license was obtained for the facility without | 72228 |
| obtaining approval of a plan for the proposed residential facility | 72229 |
| pursuant to section 5123.042 of the Revised Code. | 72230 |
| Sec. 5111.222. (A) Except as otherwise provided by sections | 72231 |
| 5111.20 to 5111.33 of the Revised Code and by division (B) of this | 72232 |
| section, the payments that the department of job and family | 72233 |
| services shall agree to make to the provider of a nursing facility | 72234 |
| pursuant to a provider agreement shall equal the sum of all of the | 72235 |
| following: | 72236 |
| (1) The rate for direct care costs determined for the nursing | 72237 |
| facility under section 5111.231 of the Revised Code; | 72238 |
| (2) The rate for ancillary and support costs determined for | 72239 |
| the nursing facility's ancillary and support cost peer group under | 72240 |
| section 5111.24 of the Revised Code; | 72241 |
| (3) The rate for tax costs determined for the nursing | 72242 |
| facility under section 5111.242 of the Revised Code; | 72243 |
| (4) The rate for franchise permit fees determined for the | 72244 |
| nursing facility under section 5111.243 of the Revised Code; | 72245 |
| (5) The quality incentive payment paid to the nursing | 72246 |
| facility under section 5111.244 of the Revised Code; | 72247 |
|
(6) The | 72248 |
|
nursing | 72249 |
| 72250 | |
| Code. | 72251 |
|
(B) | 72252 |
|
thereafter, the department shall adjust the | 72253 |
|
determined under | 72254 |
|
of this
section | 72255 |
| 72256 | |
| 72257 | |
| 72258 |
| | 72259 |
| 72260 |
| | 72261 |
| 72262 | |
| 72263 | |
| 72264 | |
| market basket index used in calculating the prospective payment | 72265 |
| rates for skilled nursing facilities under the medicare program | 72266 |
| established under Title XVIII. In making the adjustment under this | 72267 |
| division for a fiscal year, the department shall use the skilled | 72268 |
| nursing facility market basket index used in calculating the | 72269 |
| prospective payment rates that went into effect the first day of | 72270 |
| October preceding the fiscal year. | 72271 |
| Sec. 5111.231. (A) As used in this section, "applicable | 72272 |
| calendar year" means the following: | 72273 |
| (1) For the purpose of the department of job and family | 72274 |
|
services' | 72275 |
| of this section of each peer group's cost per case-mix unit for | 72276 |
| fiscal years preceding fiscal year 2015, calendar year 2003; | 72277 |
|
(2) For the purpose of the department's | 72278 |
| determinations under division (D) of this section of each peer | 72279 |
| group's cost per case-mix unit for fiscal year 2015 and | 72280 |
| thereafter, the calendar year the department selects. | 72281 |
| (B) The department of job and family services shall pay a | 72282 |
| provider for each of the provider's eligible nursing facilities a | 72283 |
| per resident per day rate for direct care costs determined | 72284 |
| semiannually by multiplying the cost per case-mix unit determined | 72285 |
| under division (D) of this section for the facility's peer group | 72286 |
| by the facility's semiannual case-mix score determined under | 72287 |
| section 5111.232 of the Revised Code. | 72288 |
| (C) For the purpose of determining nursing facilities' rate | 72289 |
| for direct care costs, the department shall establish three peer | 72290 |
| groups. | 72291 |
| Each nursing facility located in any of the following | 72292 |
| counties shall be placed in peer group one: Brown, Butler, | 72293 |
| Clermont, Clinton, Hamilton, and Warren. | 72294 |
| Each nursing facility located in any of the following | 72295 |
| counties shall be placed in peer group two: Ashtabula, Champaign, | 72296 |
| Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, Franklin, | 72297 |
| Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, Lorain, | 72298 |
| Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, Ottawa, | 72299 |
| Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, Union, | 72300 |
| and Wood. | 72301 |
| Each nursing facility located in any of the following | 72302 |
| counties shall be placed in peer group three: Adams, Allen, | 72303 |
| Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana, | 72304 |
| Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin, | 72305 |
| Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson, | 72306 |
| Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe, | 72307 |
| Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland, | 72308 |
| Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton, | 72309 |
| Washington, Wayne, Williams, and Wyandot. | 72310 |
|
(D)(1) | 72311 |
| shall determine a cost per case-mix unit for each peer group | 72312 |
| established under division (C) of this section. The department | 72313 |
| shall make the determination at least once every ten years except | 72314 |
| that the department shall make the determination more often as | 72315 |
| necessary to implement the amendments that Am. Sub. H.B. 1 of the | 72316 |
| 128th general assembly makes to divisions (D)(1)(b) and (c) of | 72317 |
| this section. A cost per case-mix unit determined under this | 72318 |
| division for a peer group shall be used for subsequent years | 72319 |
| until the department redetermines it. To determine a peer group's | 72320 |
| cost per case-mix unit, the department shall do all of the | 72321 |
| following: | 72322 |
| (a) Determine the cost per case-mix unit for each nursing | 72323 |
| facility in the peer group for the applicable calendar year by | 72324 |
| dividing each facility's desk-reviewed, actual, allowable, per | 72325 |
| diem direct care costs for the applicable calendar year by the | 72326 |
| facility's annual average case-mix score determined under section | 72327 |
| 5111.232 of the Revised Code for the applicable calendar year. | 72328 |
| (b) Subject to division (D)(2) of this section, identify | 72329 |
|
which nursing facility in the peer group is at the | 72330 |
| 72331 | |
| division (D)(1)(a) of this section. | 72332 |
|
(c) Calculate the amount that is | 72333 |
| percentage above the cost per case-mix unit determined under | 72334 |
| division (D)(1)(a) of this section for the nursing facility | 72335 |
| identified under division (D)(1)(b) of this section: | 72336 |
| (i) For each peer group in fiscal year 2010, zero per cent; | 72337 |
| (ii) For peer group one in fiscal year 2011, six and one-half | 72338 |
| per cent; | 72339 |
| (iii) For peer group two in fiscal year 2011, six and | 72340 |
| three-quarters per cent; | 72341 |
| (iv) For peer group three in fiscal year 2011, seven and | 72342 |
| one-half per cent; | 72343 |
| (v) For peer group one in fiscal year 2012 and each fiscal | 72344 |
| year thereafter, ten per cent; | 72345 |
| (vi) For peer group two in fiscal year 2012 and each fiscal | 72346 |
| year thereafter, eleven per cent; | 72347 |
| (vii) For peer group three in fiscal year 2012 and each | 72348 |
| fiscal year thereafter, fifteen per cent. | 72349 |
| (d) Multiply the amount calculated under division (D)(1)(c) | 72350 |
| of this section by the rate of inflation for the eighteen-month | 72351 |
| period beginning on the first day of July of the applicable | 72352 |
| calendar year and ending the last day of December of the calendar | 72353 |
| year immediately following the applicable calendar year using the | 72354 |
| following: | 72355 |
| (i) The
employment cost index for total compensation, | 72356 |
| 72357 | |
| occupational group, published by the United States bureau of labor | 72358 |
| statistics; | 72359 |
| (ii) If the United States bureau of labor statistics ceases | 72360 |
| to publish the index specified in division (D)(1)(d)(i) of this | 72361 |
| section, the index the bureau subsequently publishes that covers | 72362 |
| nursing facilities' staff costs. | 72363 |
| (2) In making the identification under division (D)(1)(b) of | 72364 |
| this section, the department shall exclude both of the following: | 72365 |
| (a) Nursing facilities that participated in the medicaid | 72366 |
| program under the same provider for less than twelve months in the | 72367 |
| applicable calendar year; | 72368 |
| (b) Nursing facilities whose cost per case-mix unit is more | 72369 |
| than one standard deviation from the mean cost per case-mix unit | 72370 |
| for all nursing facilities in the nursing facility's peer group | 72371 |
| for the applicable calendar year. | 72372 |
| (3) The department shall not redetermine a peer group's cost | 72373 |
| per case-mix unit under this division based on additional | 72374 |
| information that it receives after the peer group's per case-mix | 72375 |
| unit is determined. The department shall redetermine a peer | 72376 |
| group's cost per case-mix unit only if it made an error in | 72377 |
| determining the peer group's cost per case-mix unit based on | 72378 |
| information available to the department at the time of the | 72379 |
| original determination. | 72380 |
| Sec. 5111.232. (A)(1) The department of job and family | 72381 |
| services shall determine semiannual and annual average case-mix | 72382 |
| scores for nursing facilities by using all of the following: | 72383 |
| (a) Data from a resident assessment instrument specified in | 72384 |
| rules adopted under section 5111.02 of the Revised Code pursuant | 72385 |
| to section 1919(e)(5) of the "Social Security Act," 49 Stat. 620 | 72386 |
| (1935), 42 U.S.C.A. 1396r(e)(5), as amended, for the following | 72387 |
| residents: | 72388 |
|
(i) When determining | 72389 |
| each resident who is a medicaid recipient; | 72390 |
| (ii) When determining annual average case-mix scores, each | 72391 |
| resident regardless of payment source. | 72392 |
|
(b) Except as provided in rules authorized by | 72393 |
| divisions (A)(2)(a) and (b) of this section, the case-mix values | 72394 |
| established by the United States department of health and human | 72395 |
| services; | 72396 |
| (c) Except as modified in rules authorized by division | 72397 |
| (A)(2)(c) of this section, the grouper methodology used on June | 72398 |
| 30, 1999, by the United States department of health and human | 72399 |
| services for prospective payment of skilled nursing facilities | 72400 |
| under the medicare program established by Title XVIII. | 72401 |
| (2) The director of job and family services may adopt rules | 72402 |
| under section 5111.02 of the Revised Code that do any of the | 72403 |
| following: | 72404 |
| (a) Adjust the case-mix values specified in division | 72405 |
| (A)(1)(b) of this section to reflect changes in relative wage | 72406 |
| differentials that are specific to this state; | 72407 |
| (b) Express all of those case-mix values in numeric terms | 72408 |
| that are different from the terms specified by the United States | 72409 |
| department of health and human services but that do not alter the | 72410 |
| relationship of the case-mix values to one another; | 72411 |
| (c) Modify the grouper methodology specified in division | 72412 |
| (A)(1)(c) of this section as follows: | 72413 |
| (i) Establish a different hierarchy for assigning residents | 72414 |
| to case-mix categories under the methodology; | 72415 |
| (ii) Prohibit the use of the index maximizer element of the | 72416 |
| methodology; | 72417 |
| (iii) Incorporate changes to the methodology the United | 72418 |
| States department of health and human services makes after June | 72419 |
| 30, 1999; | 72420 |
| (iv) Make other changes the department determines are | 72421 |
| necessary. | 72422 |
| (B) The department shall determine case-mix scores for | 72423 |
| intermediate care facilities for the mentally retarded using data | 72424 |
| for each resident, regardless of payment source, from a resident | 72425 |
| assessment instrument and grouper methodology prescribed in rules | 72426 |
| adopted under section 5111.02 of the Revised Code and expressed in | 72427 |
| case-mix values established by the department in those rules. | 72428 |
| (C) Each calendar quarter, each provider shall compile | 72429 |
| complete assessment data, from the resident assessment instrument | 72430 |
| specified in rules authorized by division (A) or (B) of this | 72431 |
| section, for each resident of each of the provider's facilities, | 72432 |
| regardless of payment source, who was in the facility or on | 72433 |
| hospital or therapeutic leave from the facility on the last day of | 72434 |
| the quarter. Providers of a nursing facility shall submit the data | 72435 |
| to the department of health and, if required by rules, the | 72436 |
| department of job and family services. Providers of an | 72437 |
| intermediate care facility for the mentally retarded shall submit | 72438 |
| the data to the department of job and family services. The data | 72439 |
| shall be submitted not later than fifteen days after the end of | 72440 |
| the calendar quarter for which the data is compiled. | 72441 |
| Except as provided in division (D) of this section, the | 72442 |
| department, every six months and after the end of each calendar | 72443 |
| year, shall calculate a semiannual and annual average case-mix | 72444 |
| score for each nursing facility using the facility's quarterly | 72445 |
| case-mix scores for that six-month period or calendar year. Also | 72446 |
| except as provided in division (D) of this section, the | 72447 |
| department, after the end of each calendar year, shall calculate | 72448 |
| an annual average case-mix score for each intermediate care | 72449 |
| facility for the mentally retarded using the facility's quarterly | 72450 |
| case-mix scores for that calendar year. The department shall make | 72451 |
| the calculations pursuant to procedures specified in rules adopted | 72452 |
| under section 5111.02 of the Revised Code. | 72453 |
| (D)(1) If a provider does not timely submit information for a | 72454 |
| calendar quarter necessary to calculate a facility's case-mix | 72455 |
| score, or submits incomplete or inaccurate information for a | 72456 |
| calendar quarter, the department may assign the facility a | 72457 |
| quarterly average case-mix score that is five per cent less than | 72458 |
| the facility's quarterly average case-mix score for the preceding | 72459 |
| calendar quarter. If the facility was subject to an exception | 72460 |
| review under division (C) of section 5111.27 of the Revised Code | 72461 |
| for the preceding calendar quarter, the department may assign a | 72462 |
| quarterly average case-mix score that is five per cent less than | 72463 |
| the score determined by the exception review. If the facility was | 72464 |
| assigned a quarterly average case-mix score for the preceding | 72465 |
| quarter, the department may assign a quarterly average case-mix | 72466 |
| score that is five per cent less than that score assigned for the | 72467 |
| preceding quarter. | 72468 |
| The department may use a quarterly average case-mix score | 72469 |
| assigned under division (D)(1) of this section, instead of a | 72470 |
| quarterly average case-mix score calculated based on the | 72471 |
| provider's submitted information, to calculate the facility's rate | 72472 |
| for direct care costs being established under section 5111.23 or | 72473 |
| 5111.231 of the Revised Code for one or more months, as specified | 72474 |
| in rules authorized by division (E) of this section, of the | 72475 |
| quarter for which the rate established under section 5111.23 or | 72476 |
| 5111.231 of the Revised Code will be paid. | 72477 |
| Before taking action under division (D)(1) of this section, | 72478 |
| the department shall permit the provider a reasonable period of | 72479 |
| time, specified in rules authorized by division (E) of this | 72480 |
| section, to correct the information. In the case of an | 72481 |
| intermediate care facility for the mentally retarded, the | 72482 |
| department shall not assign a quarterly average case-mix score due | 72483 |
| to late submission of corrections to assessment information unless | 72484 |
| the provider fails to submit corrected information prior to the | 72485 |
| eighty-first day after the end of the calendar quarter to which | 72486 |
| the information pertains. In the case of a nursing facility, the | 72487 |
| department shall not assign a quarterly average case-mix score due | 72488 |
| to late submission of corrections to assessment information unless | 72489 |
| the provider fails to submit corrected information prior to the | 72490 |
|
earlier of the | 72491 |
| calendar quarter to which the information pertains or the deadline | 72492 |
| for submission of such corrections established by regulations | 72493 |
| adopted by the United States department of health and human | 72494 |
| services under Titles XVIII and XIX. | 72495 |
| (2) If a provider is paid a rate for a facility calculated | 72496 |
| using a quarterly average case-mix score assigned under division | 72497 |
| (D)(1) of this section for more than six months in a calendar | 72498 |
| year, the department may assign the facility a cost per case-mix | 72499 |
| unit that is five per cent less than the facility's actual or | 72500 |
| assigned cost per case-mix unit for the preceding calendar year. | 72501 |
| The department may use the assigned cost per case-mix unit, | 72502 |
| instead of calculating the facility's actual cost per case-mix | 72503 |
| unit in accordance with section 5111.23 or 5111.231 of the Revised | 72504 |
| Code, to establish the facility's rate for direct care costs for | 72505 |
| the following fiscal year. | 72506 |
| (3) The department shall take action under division (D)(1) or | 72507 |
| (2) of this section only in accordance with rules authorized by | 72508 |
| division (E) of this section. The department shall not take an | 72509 |
| action that affects rates for prior payment periods except in | 72510 |
| accordance with sections 5111.27 and 5111.28 of the Revised Code. | 72511 |
| (E) The director shall adopt rules under section 5111.02 of | 72512 |
| the Revised Code that do all of the following: | 72513 |
| (1) Specify whether providers of a nursing facility must | 72514 |
| submit the assessment data to the department of job and family | 72515 |
| services; | 72516 |
| (2) Specify the medium or media through which the completed | 72517 |
| assessment data shall be submitted; | 72518 |
| (3) Establish procedures under which the assessment data | 72519 |
| shall be reviewed for accuracy and providers shall be notified of | 72520 |
| any data that requires correction; | 72521 |
| (4) Establish procedures for providers to correct assessment | 72522 |
| data and specify a reasonable period of time by which providers | 72523 |
| shall submit the corrections. The procedures may limit the content | 72524 |
| of corrections by providers of nursing facilities in the manner | 72525 |
| required by regulations adopted by the United States department of | 72526 |
| health and human services under Titles XVIII and XIX. | 72527 |
| (5) Specify when and how the department will assign case-mix | 72528 |
| scores or costs per case-mix unit under division (D) of this | 72529 |
| section if information necessary to calculate the facility's | 72530 |
| case-mix score is not provided or corrected in accordance with the | 72531 |
| procedures established by the rules. Notwithstanding any other | 72532 |
| provision of sections 5111.20 to 5111.33 of the Revised Code, the | 72533 |
| rules also may provide for the following: | 72534 |
| (a) Exclusion of case-mix scores assigned under division (D) | 72535 |
| of this section from calculation of an intermediate care facility | 72536 |
| for the mentally retarded's annual average case-mix score and the | 72537 |
| maximum cost per case-mix unit for the facility's peer group; | 72538 |
| (b) Exclusion of case-mix scores assigned under division (D) | 72539 |
| of this section from calculation of a nursing facility's | 72540 |
| semiannual or annual average case-mix score and the cost per | 72541 |
| case-mix unit for the facility's peer group. | 72542 |
| Sec. 5111.236. (A) As used in this section, "medically | 72543 |
| fragile child" means an individual under eighteen years of age who | 72544 |
| requires both of the following: | 72545 |
| (1) The services of a doctor of medicine or osteopathic | 72546 |
| medicine at least once a week due to the instability of the | 72547 |
| individual's medical condition; | 72548 |
| (2) The services of a registered nurse on a daily basis. | 72549 |
| (B) The medicaid program shall cover oxygen services that a | 72550 |
| medical supplier with a valid medicaid provider agreement provides | 72551 |
| to a medicaid recipient who is a medically fragile child and | 72552 |
| resides in an intermediate care facility for the mentally | 72553 |
| retarded. The medicaid program shall cover such oxygen services | 72554 |
| regardless of any of the following: | 72555 |
| (1) The percentage of the medicaid recipient's arterial | 72556 |
| oxygen saturation at rest, exercise, or sleep; | 72557 |
| (2) The type of system used in delivering the oxygen to the | 72558 |
| medicaid recipient; | 72559 |
| (3) Whether the intermediate care facility for the mentally | 72560 |
| retarded in which the medicaid recipient resides purchases or | 72561 |
| rents the equipment used in the delivery of the oxygen to the | 72562 |
| recipient. | 72563 |
| (C) A medical supplier of an oxygen service shall bill the | 72564 |
| department of job and family services directly for oxygen services | 72565 |
| the medicaid program covers under this section. The provider of an | 72566 |
| intermediate care facility for the mentally retarded may not | 72567 |
| include the cost of an oxygen service covered by the medicaid | 72568 |
| program under this section in the facility's cost report unless | 72569 |
| the facility is the medical supplier of the oxygen service. | 72570 |
| Sec. 5111.24. (A) As used in this section, "applicable | 72571 |
| calendar year" means the following: | 72572 |
| (1) For the purpose of the department of job and family | 72573 |
|
services' | 72574 |
| of this section of each peer group's rate for ancillary and | 72575 |
| support costs for fiscal years preceding fiscal year 2015, | 72576 |
| calendar year 2003; | 72577 |
|
(2) For the purpose of the department's | 72578 |
| determinations under division (D) of this section of each peer | 72579 |
| group's rate for ancillary and support costs for fiscal year 2015 | 72580 |
| and thereafter, the calendar year the department selects. | 72581 |
| (B) The department of job and family services shall pay a | 72582 |
| provider for each of the provider's eligible nursing facilities a | 72583 |
| per resident per day rate for ancillary and support costs | 72584 |
| determined for the nursing facility's peer group under division | 72585 |
| (D) of this section. | 72586 |
| (C) For the purpose of determining nursing facilities' rate | 72587 |
| for ancillary and support costs, the department shall establish | 72588 |
| six peer groups. | 72589 |
| Each nursing facility located in any of the following | 72590 |
| counties shall be placed in peer group one or two: Brown, Butler, | 72591 |
| Clermont, Clinton, Hamilton, and Warren. Each nursing facility | 72592 |
| located in any of those counties that has fewer than one hundred | 72593 |
| beds shall be placed in peer group one. Each nursing facility | 72594 |
| located in any of those counties that has one hundred or more beds | 72595 |
| shall be placed in peer group two. | 72596 |
| Each nursing facility located in any of the following | 72597 |
| counties shall be placed in peer group three or four: Ashtabula, | 72598 |
| Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, | 72599 |
| Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, | 72600 |
| Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, | 72601 |
| Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, | 72602 |
| Union, and Wood. Each nursing facility located in any of those | 72603 |
| counties that has fewer than one hundred beds shall be placed in | 72604 |
| peer group three. Each nursing facility located in any of those | 72605 |
| counties that has one hundred or more beds shall be placed in peer | 72606 |
| group four. | 72607 |
| Each nursing facility located in any of the following | 72608 |
| counties shall be placed in peer group five or six: Adams, Allen, | 72609 |
| Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana, | 72610 |
| Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin, | 72611 |
| Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson, | 72612 |
| Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe, | 72613 |
| Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland, | 72614 |
| Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton, | 72615 |
| Washington, Wayne, Williams, and Wyandot. Each nursing facility | 72616 |
| located in any of those counties that has fewer than one hundred | 72617 |
| beds shall be placed in peer group five. Each nursing facility | 72618 |
| located in any of those counties that has one hundred or more beds | 72619 |
| shall be placed in peer group six. | 72620 |
|
(D)(1) | 72621 |
| shall determine the rate for ancillary and support costs for each | 72622 |
| peer group established under division (C) of this section. The | 72623 |
| department shall make the determination at least once every ten | 72624 |
| years except that the department shall make the determination more | 72625 |
| often as necessary to implement the amendments that Am. Sub. H.B. | 72626 |
| 1 of the 128th general assembly makes to division (D)(1)(b) and | 72627 |
| (c) of this section. The rate for ancillary and support costs | 72628 |
| determined under this division for a peer group shall be used for | 72629 |
| subsequent years until the department redetermines it. To | 72630 |
| determine a peer group's rate for ancillary and support costs, | 72631 |
| the department shall do all of the following: | 72632 |
| (a) Determine the rate for ancillary and support costs for | 72633 |
| each nursing facility in the peer group for the applicable | 72634 |
| calendar year by using the greater of the nursing facility's | 72635 |
| actual inpatient days for the applicable calendar year or the | 72636 |
| inpatient days the nursing facility would have had for the | 72637 |
| applicable calendar year if its occupancy rate had been ninety per | 72638 |
| cent. For the purpose of determining a nursing facility's | 72639 |
| occupancy rate under division (D)(1)(a) of this section, the | 72640 |
| department shall include any beds that the nursing facility | 72641 |
| removes from its medicaid-certified capacity unless the nursing | 72642 |
| facility also removes the beds from its licensed bed capacity. | 72643 |
| (b) Subject to division (D)(2) of this section, identify | 72644 |
|
which nursing facility in the peer group is at the | 72645 |
| following percentile of the rate for ancillary and support costs | 72646 |
| 72647 | |
| (D)(1)(a) of this section: | 72648 |
| (i) For fiscal years 2010 and 2011, the twenty-fifth | 72649 |
| percentile; | 72650 |
| (ii) For fiscal year 2012 and each fiscal year thereafter, | 72651 |
| the fiftieth percentile. | 72652 |
|
(c) Calculate the amount that is | 72653 |
| percentage above the rate for ancillary and support costs | 72654 |
| determined under division (D)(1)(a) of this section for the | 72655 |
| nursing facility identified under division (D)(1)(b) of this | 72656 |
| section: | 72657 |
| (i) For fiscal years 2010 and 2011, three per cent; | 72658 |
| (ii) For fiscal year 2012, zero per cent; | 72659 |
| (iii) For fiscal year 2013 and each fiscal year thereafter, | 72660 |
| five per cent. | 72661 |
| (d) Multiply the amount calculated under division (D)(1)(c) | 72662 |
| of this section by the rate of inflation for the eighteen-month | 72663 |
| period beginning on the first day of July of the applicable | 72664 |
| calendar year and ending the last day of December of the calendar | 72665 |
| year immediately following the applicable calendar year using the | 72666 |
| following: | 72667 |
| (i) The consumer price index for all items for all urban | 72668 |
|
consumers for the | 72669 |
| United States bureau of labor statistics; | 72670 |
| (ii) If the United States bureau of labor statistics ceases | 72671 |
| to publish the index specified in division (D)(1)(d)(i) of this | 72672 |
| section, the index the bureau subsequently publishes that covers | 72673 |
| urban consumers' prices for items for the region that includes | 72674 |
| this state. | 72675 |
| (2) In making the identification under division (D)(1)(b) of | 72676 |
| this section, the department shall exclude both of the following: | 72677 |
| (a) Nursing facilities that participated in the medicaid | 72678 |
| program under the same provider for less than twelve months in the | 72679 |
| applicable calendar year; | 72680 |
| (b) Nursing facilities whose ancillary and support costs are | 72681 |
| more than one standard deviation from the mean desk-reviewed, | 72682 |
| actual, allowable, per diem ancillary and support cost for all | 72683 |
| nursing facilities in the nursing facility's peer group for the | 72684 |
| applicable calendar year. | 72685 |
| (3) The department shall not redetermine a peer group's rate | 72686 |
| for ancillary and support costs under this division based on | 72687 |
| additional information that it receives after the rate is | 72688 |
| determined. The department shall redetermine a peer group's rate | 72689 |
| for ancillary and support costs only if it made an error in | 72690 |
| determining the rate based on information available to the | 72691 |
| department at the time of the original determination. | 72692 |
| Sec. 5111.25. (A) As used in this section, "applicable | 72693 |
| calendar year" means the following: | 72694 |
| (1) For the purpose of the department of job and family | 72695 |
| services' initial determination under division (D) of this section | 72696 |
| of each peer group's median rate for capital costs, calendar year | 72697 |
| 2003; | 72698 |
| (2) For the purpose of the department's subsequent | 72699 |
| determinations under division (D) of this section of each peer | 72700 |
| group's median rate for capital costs, the calendar year the | 72701 |
| department selects. | 72702 |
| (B) The department of job and family services shall pay a | 72703 |
| provider for each of the provider's eligible nursing facilities a | 72704 |
| per resident per day rate for capital costs. A nursing facility's | 72705 |
| rate for capital costs shall be the greater of the following: | 72706 |
| (1) The median rate for capital costs for the nursing | 72707 |
| facilities in the nursing facility's peer group as determined | 72708 |
| under division (D) of this section; | 72709 |
| (2) The sum of the following: | 72710 |
| (a) The capital costs portion of the nursing facility's | 72711 |
| medicaid reimbursement per diem rate on June 30, 2005, regardless | 72712 |
| of whether the nursing facility has undergone a change of | 72713 |
| operator, as defined in section 5111.65 of the Revised Code, after | 72714 |
| that date or, if the nursing facility did not have a medicaid | 72715 |
| reimbursement per diem rate on June 30, 2005, the capital costs | 72716 |
| portion of the nursing facility's initial rate established under | 72717 |
| section 5111.254 of the Revised Code; | 72718 |
| (b) Any per diem for which the nursing facility qualified | 72719 |
| under Section 309.30.42 of Am. Sub. H.B. 119 of the 127th general | 72720 |
| assembly, as amended by Am. Sub. H.B. 562 of the 127th general | 72721 |
| assembly. | 72722 |
| (C) For the purpose of determining nursing facilities' median | 72723 |
| rate for capital costs, the department shall establish six peer | 72724 |
| groups. | 72725 |
| Each nursing facility located in any of the following | 72726 |
| counties shall be placed in peer group one or two: Brown, Butler, | 72727 |
| Clermont, Clinton, Hamilton, and Warren. Each nursing facility | 72728 |
| located in any of those counties that has fewer than one hundred | 72729 |
| beds shall be placed in peer group one. Each nursing facility | 72730 |
| located in any of those counties that has one hundred or more beds | 72731 |
| shall be placed in peer group two. | 72732 |
| Each nursing facility located in any of the following | 72733 |
| counties shall be placed in peer group three or four: Ashtabula, | 72734 |
| Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, | 72735 |
| Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, | 72736 |
| Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, | 72737 |
| Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, | 72738 |
| Union, and Wood. Each nursing facility located in any of those | 72739 |
| counties that has fewer than one hundred beds shall be placed in | 72740 |
| peer group three. Each nursing facility located in any of those | 72741 |
| counties that has one hundred or more beds shall be placed in peer | 72742 |
| group four. | 72743 |
| Each nursing facility located in any of the following | 72744 |
| counties shall be placed in peer group five or six: Adams, Allen, | 72745 |
| Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana, | 72746 |
| Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin, | 72747 |
| Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson, | 72748 |
| Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe, | 72749 |
| Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland, | 72750 |
| Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton, | 72751 |
| Washington, Wayne, Williams, and Wyandot. Each nursing facility | 72752 |
| located in any of those counties that has fewer than one hundred | 72753 |
| beds shall be placed in peer group five. Each nursing facility | 72754 |
| located in any of those counties that has one hundred or more beds | 72755 |
| shall be placed in peer group six. | 72756 |
| (D)(1) At least once every ten years, the department shall | 72757 |
| determine the median rate for capital costs for each peer group | 72758 |
| established under division (C) of this section. The median rate | 72759 |
| for capital costs determined under this division for a peer group | 72760 |
| shall be used for subsequent years until the department | 72761 |
| redetermines it. To determine a peer group's median rate for | 72762 |
| capital costs, the department shall do both of the following: | 72763 |
| (a) Subject to division (D)(2) of this section, use the | 72764 |
| greater of each nursing facility's actual inpatient days for the | 72765 |
| applicable calendar year or the inpatient days the nursing | 72766 |
| facility would have had for the applicable calendar year if its | 72767 |
| occupancy rate had been one hundred per cent. | 72768 |
| (b) Exclude both of the following: | 72769 |
| (i) Nursing facilities that participated in the medicaid | 72770 |
| program under the same provider for less than twelve months in the | 72771 |
| applicable calendar year; | 72772 |
| (ii) Nursing facilities whose capital costs are more than one | 72773 |
| standard deviation from the mean desk-reviewed, actual, allowable, | 72774 |
| per diem capital cost for all nursing facilities in the nursing | 72775 |
| facility's peer group for the applicable calendar year. | 72776 |
| (2) For the purpose of determining a nursing facility's | 72777 |
| occupancy rate under division (D)(1)(a) of this section, the | 72778 |
| department shall include any beds that the nursing facility | 72779 |
| removes from its medicaid-certified capacity after June 30, 2005, | 72780 |
| unless the nursing facility also removes the beds from its | 72781 |
| licensed bed capacity. | 72782 |
| (E) Buildings shall be depreciated using the straight line | 72783 |
| method over forty years or over a different period approved by the | 72784 |
| department. Components and equipment shall be depreciated using | 72785 |
| the straight-line method over a period designated in rules adopted | 72786 |
| under section 5111.02 of the Revised Code, consistent with the | 72787 |
| guidelines of the American hospital association, or over a | 72788 |
| different period approved by the department. Any rules authorized | 72789 |
| by this division that specify useful lives of buildings, | 72790 |
| components, or equipment apply only to assets acquired on or after | 72791 |
| July 1, 1993. Depreciation for costs paid or reimbursed by any | 72792 |
| government agency shall not be included in capital costs unless | 72793 |
| that part of the payment under sections 5111.20 to 5111.33 of the | 72794 |
| Revised Code is used to reimburse the government agency. | 72795 |
| (F) The capital cost basis of nursing facility assets shall | 72796 |
| be determined in the following manner: | 72797 |
| (1) Except as provided in division (F)(3) of this section, | 72798 |
| for purposes of calculating the rates to be paid for facilities | 72799 |
| with dates of licensure on or before June 30, 1993, the capital | 72800 |
| cost basis of each asset shall be equal to the desk-reviewed, | 72801 |
| actual, allowable, capital cost basis that is listed on the | 72802 |
| facility's cost report for the calendar year preceding the fiscal | 72803 |
| year during which the rate will be paid. | 72804 |
| (2) For facilities with dates of licensure after June 30, | 72805 |
| 1993, the capital cost basis shall be determined in accordance | 72806 |
| with the principles of the medicare program established under | 72807 |
| Title XVIII, except as otherwise provided in sections 5111.20 to | 72808 |
| 5111.33 of the Revised Code. | 72809 |
| (3) Except as provided in division (F)(4) of this section, if | 72810 |
| a provider transfers an interest in a facility to another provider | 72811 |
| after June 30, 1993, there shall be no increase in the capital | 72812 |
| cost basis of the asset if the providers are related parties or | 72813 |
| the provider to which the interest is transferred authorizes the | 72814 |
| provider that transferred the interest to continue to operate the | 72815 |
| facility under a lease, management agreement, or other | 72816 |
| arrangement. If the previous sentence does not prohibit the | 72817 |
| adjustment of the capital cost basis under this division, the | 72818 |
| basis of the asset shall be adjusted by the lesser of the | 72819 |
| following: | 72820 |
| (a) One-half of the change in construction costs during the | 72821 |
| time that the transferor held the asset, as calculated by the | 72822 |
| department of job and family services using the "Dodge building | 72823 |
| cost indexes, northeastern and north central states," published by | 72824 |
| Marshall and Swift; | 72825 |
| (b) One-half of the change in the consumer price index for | 72826 |
| all items for all urban consumers, as published by the United | 72827 |
| States bureau of labor statistics, during the time that the | 72828 |
| transferor held the asset. | 72829 |
| (4) If a provider transfers an interest in a facility to | 72830 |
| another provider who is a related party, the capital cost basis of | 72831 |
| the asset shall be adjusted as specified in division (F)(3) of | 72832 |
| this section if all of the following conditions are met: | 72833 |
| (a) The related party is a relative of owner; | 72834 |
| (b) Except as provided in division (F)(4)(c)(ii) of this | 72835 |
| section, the provider making the transfer retains no ownership | 72836 |
| interest in the facility; | 72837 |
| (c) The department of job and family services determines that | 72838 |
| the transfer is an arm's length transaction pursuant to rules | 72839 |
| adopted under section 5111.02 of the Revised Code. The rules shall | 72840 |
| provide that a transfer is an arm's length transaction if all of | 72841 |
| the following apply: | 72842 |
| (i) Once the transfer goes into effect, the provider that | 72843 |
| made the transfer has no direct or indirect interest in the | 72844 |
| provider that acquires the facility or the facility itself, | 72845 |
| including interest as an owner, officer, director, employee, | 72846 |
| independent contractor, or consultant, but excluding interest as a | 72847 |
| creditor. | 72848 |
| (ii) The provider that made the transfer does not reacquire | 72849 |
| an interest in the facility except through the exercise of a | 72850 |
| creditor's rights in the event of a default. If the provider | 72851 |
| reacquires an interest in the facility in this manner, the | 72852 |
| department shall treat the facility as if the transfer never | 72853 |
| occurred when the department calculates its reimbursement rates | 72854 |
| for capital costs. | 72855 |
| (iii) The transfer satisfies any other criteria specified in | 72856 |
| the rules. | 72857 |
| (d) Except in the case of hardship caused by a catastrophic | 72858 |
| event, as determined by the department, or in the case of a | 72859 |
| provider making the transfer who is at least sixty-five years of | 72860 |
| age, not less than twenty years have elapsed since, for the same | 72861 |
| facility, the capital cost basis was adjusted most recently under | 72862 |
| division (F)(4) of this section or actual, allowable cost of | 72863 |
| ownership was determined most recently under division (G)(9) of | 72864 |
| this section. | 72865 |
| (G) As used in this division: | 72866 |
| "Imputed interest" means the lesser of the prime rate plus | 72867 |
| two per cent or ten per cent. | 72868 |
| "Lease expense" means lease payments in the case of an | 72869 |
| operating lease and depreciation expense and interest expense in | 72870 |
| the case of a capital lease. | 72871 |
| "New lease" means a lease, to a different lessee, of a | 72872 |
| nursing facility that previously was operated under a lease. | 72873 |
| (1) Subject to division (B) of this section, for a lease of a | 72874 |
| facility that was effective on May 27, 1992, the entire lease | 72875 |
| expense is an actual, allowable capital cost during the term of | 72876 |
| the existing lease. The entire lease expense also is an actual, | 72877 |
| allowable capital cost if a lease in existence on May 27, 1992, is | 72878 |
| renewed under either of the following circumstances: | 72879 |
| (a) The renewal is pursuant to a renewal option that was in | 72880 |
| existence on May 27, 1992; | 72881 |
| (b) The renewal is for the same lease payment amount and | 72882 |
| between the same parties as the lease in existence on May 27, | 72883 |
| 1992. | 72884 |
| (2) Subject to division (B) of this section, for a lease of a | 72885 |
| facility that was in existence but not operated under a lease on | 72886 |
| May 27, 1992, actual, allowable capital costs shall include the | 72887 |
| lesser of the annual lease expense or the annual depreciation | 72888 |
| expense and imputed interest expense that would be calculated at | 72889 |
| the inception of the lease using the lessor's entire historical | 72890 |
| capital asset cost basis, adjusted by the lesser of the following | 72891 |
| amounts: | 72892 |
| (a) One-half of the change in construction costs during the | 72893 |
| time the lessor held each asset until the beginning of the lease, | 72894 |
| as calculated by the department using the "Dodge building cost | 72895 |
| indexes, northeastern and north central states," published by | 72896 |
| Marshall and Swift; | 72897 |
| (b) One-half of the change in the consumer price index for | 72898 |
| all items for all urban consumers, as published by the United | 72899 |
| States bureau of labor statistics, during the time the lessor held | 72900 |
| each asset until the beginning of the lease. | 72901 |
| (3) Subject to division (B) of this section, for a lease of a | 72902 |
| facility with a date of licensure on or after May 27, 1992, that | 72903 |
| is initially operated under a lease, actual, allowable capital | 72904 |
| costs shall include the annual lease expense if there was a | 72905 |
| substantial commitment of money for construction of the facility | 72906 |
| after December 22, 1992, and before July 1, 1993. If there was not | 72907 |
| a substantial commitment of money after December 22, 1992, and | 72908 |
| before July 1, 1993, actual, allowable capital costs shall include | 72909 |
| the lesser of the annual lease expense or the sum of the | 72910 |
| following: | 72911 |
| (a) The annual depreciation expense that would be calculated | 72912 |
| at the inception of the lease using the lessor's entire historical | 72913 |
| capital asset cost basis; | 72914 |
| (b) The greater of the lessor's actual annual amortization of | 72915 |
| financing costs and interest expense at the inception of the lease | 72916 |
| or the imputed interest expense calculated at the inception of the | 72917 |
| lease using seventy per cent of the lessor's historical capital | 72918 |
| asset cost basis. | 72919 |
| (4) Subject to division (B) of this section, for a lease of a | 72920 |
| facility with a date of licensure on or after May 27, 1992, that | 72921 |
| was not initially operated under a lease and has been in existence | 72922 |
| for ten years, actual, allowable capital costs shall include the | 72923 |
| lesser of the annual lease expense or the annual depreciation | 72924 |
| expense and imputed interest expense that would be calculated at | 72925 |
| the inception of the lease using the entire historical capital | 72926 |
| asset cost basis of the lessor, adjusted by the lesser of the | 72927 |
| following: | 72928 |
| (a) One-half of the change in construction costs during the | 72929 |
| time the lessor held each asset until the beginning of the lease, | 72930 |
| as calculated by the department using the "Dodge building cost | 72931 |
| indexes, northeastern and north central states," published by | 72932 |
| Marshall and Swift; | 72933 |
| (b) One-half of the change in the consumer price index for | 72934 |
| all items for all urban consumers, as published by the United | 72935 |
| States bureau of labor statistics, during the time the lessor held | 72936 |
| each asset until the beginning of the lease. | 72937 |
| (5) Subject to division (B) of this section, for a new lease | 72938 |
| of a facility that was operated under a lease on May 27, 1992, | 72939 |
| actual, allowable capital costs shall include the lesser of the | 72940 |
| annual new lease expense or the annual old lease payment. If the | 72941 |
| old lease was in effect for ten years or longer, the old lease | 72942 |
| payment from the beginning of the old lease shall be adjusted by | 72943 |
| the lesser of the following: | 72944 |
| (a) One-half of the change in construction costs from the | 72945 |
| beginning of the old lease to the beginning of the new lease, as | 72946 |
| calculated by the department using the "Dodge building cost | 72947 |
| indexes, northeastern and north central states," published by | 72948 |
| Marshall and Swift; | 72949 |
| (b) One-half of the change in the consumer price index for | 72950 |
| all items for all urban consumers, as published by the United | 72951 |
| States bureau of labor statistics, from the beginning of the old | 72952 |
| lease to the beginning of the new lease. | 72953 |
| (6) Subject to division (B) of this section, for a new lease | 72954 |
| of a facility that was not in existence or that was in existence | 72955 |
| but not operated under a lease on May 27, 1992, actual, allowable | 72956 |
| capital costs shall include the lesser of annual new lease expense | 72957 |
| or the annual amount calculated for the old lease under division | 72958 |
| (G)(2), (3), (4), or (6) of this section, as applicable. If the | 72959 |
| old lease was in effect for ten years or longer, the lessor's | 72960 |
| historical capital asset cost basis shall be adjusted by the | 72961 |
| lesser of the following for purposes of calculating the annual | 72962 |
| amount under division (G)(2), (3), (4), or (6) of this section: | 72963 |
| (a) One-half of the change in construction costs from the | 72964 |
| beginning of the old lease to the beginning of the new lease, as | 72965 |
| calculated by the department using the "Dodge building cost | 72966 |
| indexes, northeastern and north central states," published by | 72967 |
| Marshall and Swift; | 72968 |
| (b) One-half of the change in the consumer price index for | 72969 |
| all items for all urban consumers, as published by the United | 72970 |
| States bureau of labor statistics, from the beginning of the old | 72971 |
| lease to the beginning of the new lease. | 72972 |
| In the case of a lease under division (G)(3) of this section | 72973 |
| of a facility for which a substantial commitment of money was made | 72974 |
| after December 22, 1992, and before July 1, 1993, the old lease | 72975 |
| payment shall be adjusted for the purpose of determining the | 72976 |
| annual amount. | 72977 |
| (7) For any revision of a lease described in division (G)(1), | 72978 |
| (2), (3), (4), (5), or (6) of this section, or for any subsequent | 72979 |
| lease of a facility operated under such a lease, other than | 72980 |
| execution of a new lease, the portion of actual, allowable capital | 72981 |
| costs attributable to the lease shall be the same as before the | 72982 |
| revision or subsequent lease. | 72983 |
| (8) Except as provided in division (G)(9) of this section, if | 72984 |
| a provider leases an interest in a facility to another provider | 72985 |
| who is a related party or previously operated the facility, the | 72986 |
| related party's or previous operator's actual, allowable capital | 72987 |
| costs shall include the lesser of the annual lease expense or the | 72988 |
| reasonable cost to the lessor. | 72989 |
| (9) If a provider leases an interest in a facility to another | 72990 |
| provider who is a related party, regardless of the date of the | 72991 |
| lease, the related party's actual, allowable capital costs shall | 72992 |
| include the annual lease expense, subject to the limitations | 72993 |
| specified in divisions (G)(1) to (7) of this section, if all of | 72994 |
| the following conditions are met: | 72995 |
| (a) The related party is a relative of owner; | 72996 |
| (b) If the lessor retains an ownership interest, it is, | 72997 |
| except as provided in division (G)(9)(c)(ii) of this section, in | 72998 |
| only the real property and any improvements on the real property; | 72999 |
| (c) The department of job and family services determines that | 73000 |
| the lease is an arm's length transaction pursuant to rules adopted | 73001 |
| under section 5111.02 of the Revised Code. The rules shall provide | 73002 |
| that a lease is an arm's length transaction if all of the | 73003 |
| following apply: | 73004 |
| (i) Once the lease goes into effect, the lessor has no direct | 73005 |
| or indirect interest in the lessee or, except as provided in | 73006 |
| division (G)(9)(b) of this section, the facility itself, including | 73007 |
| interest as an owner, officer, director, employee, independent | 73008 |
| contractor, or consultant, but excluding interest as a lessor. | 73009 |
| (ii) The lessor does not reacquire an interest in the | 73010 |
| facility except through the exercise of a lessor's rights in the | 73011 |
| event of a default. If the lessor reacquires an interest in the | 73012 |
| facility in this manner, the department shall treat the facility | 73013 |
| as if the lease never occurred when the department calculates its | 73014 |
| reimbursement rates for capital costs. | 73015 |
| (iii) The lease satisfies any other criteria specified in the | 73016 |
| rules. | 73017 |
| (d) Except in the case of hardship caused by a catastrophic | 73018 |
| event, as determined by the department, or in the case of a lessor | 73019 |
| who is at least sixty-five years of age, not less than twenty | 73020 |
| years have elapsed since, for the same facility, the capital cost | 73021 |
| basis was adjusted most recently under division (F)(4) of this | 73022 |
| section or actual, allowable capital costs were determined most | 73023 |
| recently under division (G)(9) of this section. | 73024 |
| (10) This division does not apply to leases of specific items | 73025 |
| of equipment. | 73026 |
| (H) After the date on which a transaction of sale is closed, | 73027 |
| the provider shall refund to the department the amount of excess | 73028 |
| depreciation paid to the provider for the facility by the | 73029 |
| department for each year the provider has operated the facility | 73030 |
| under a provider agreement and prorated according to the number of | 73031 |
| medicaid patient days for which the provider has received payment | 73032 |
| for the facility. The provider of a facility that is sold or that | 73033 |
| voluntarily terminates participation in the medicaid program also | 73034 |
| shall refund any other amount that the department properly finds | 73035 |
| to be due after the audit conducted under this division. For the | 73036 |
| purposes of this division, "depreciation paid to the provider for | 73037 |
| the facility" means the amount paid to the provider for the | 73038 |
| nursing facility for capital costs pursuant to this section less | 73039 |
| any amount paid for interest costs, amortization of financing | 73040 |
| costs, and lease expenses. For the purposes of this division, | 73041 |
| "excess depreciation" is the nursing facility's depreciated basis, | 73042 |
| which is the provider's cost less accumulated depreciation, | 73043 |
| subtracted from the purchase price net of selling costs but not | 73044 |
| exceeding the amount of depreciation paid to the provider for the | 73045 |
| facility. | 73046 |
| Sec. 5111.261. Except as otherwise provided in section | 73047 |
| 5111.264 of the Revised Code, the department of job and family | 73048 |
| services, in determining whether an intermediate care facility for | 73049 |
| the mentally retarded's direct care costs and indirect care costs | 73050 |
| are allowable, shall place no limit on specific categories of | 73051 |
| reasonable costs other than compensation of owners, compensation | 73052 |
|
of relatives of owners, and compensation of
administrators | 73053 |
| 73054 | |
| 73055 |
| Compensation cost limits for owners and relatives of owners | 73056 |
| shall be based on compensation costs for individuals who hold | 73057 |
| comparable positions but who are not owners or relatives of | 73058 |
| owners, as reported on facility cost reports. As used in this | 73059 |
| section, "comparable position" means the position that is held by | 73060 |
| the owner or the owner's relative, if that position is listed | 73061 |
| separately on the cost report form, or if the position is not | 73062 |
| listed separately, the group of positions that is listed on the | 73063 |
| cost report form and that includes the position held by the owner | 73064 |
| or the owner's relative. In the case of an owner or owner's | 73065 |
| relative who serves the facility in a capacity such as corporate | 73066 |
| officer, proprietor, or partner for which no comparable position | 73067 |
| or group of positions is listed on the cost report form, the | 73068 |
| compensation cost limit shall be based on civil service | 73069 |
| equivalents and shall be specified in rules adopted under section | 73070 |
| 5111.02 of the Revised Code. | 73071 |
| Compensation cost limits for administrators shall be based on | 73072 |
| compensation costs for administrators who are not owners or | 73073 |
| relatives of owners, as reported on facility cost reports. | 73074 |
| Compensation cost limits for administrators of four or more | 73075 |
| intermediate care facilities for the mentally retarded shall be | 73076 |
| the same as the limits for administrators of intermediate care | 73077 |
| facilities for the mentally retarded with one hundred fifty or | 73078 |
| more beds. | 73079 |
| Sec. 5111.65. As used in sections 5111.65 to | 73080 |
| 5111.689 of the Revised Code: | 73081 |
| (A) "Change of operator" means an entering operator becoming | 73082 |
| the operator of a nursing facility or intermediate care facility | 73083 |
| for the mentally retarded in the place of the exiting operator. | 73084 |
| (1) Actions that constitute a change of operator include the | 73085 |
| following: | 73086 |
| (a) A change in an exiting operator's form of legal | 73087 |
| organization, including the formation of a partnership or | 73088 |
| corporation from a sole proprietorship; | 73089 |
| (b) A transfer of all the exiting operator's ownership | 73090 |
| interest in the operation of the facility to the entering | 73091 |
| operator, regardless of whether ownership of any or all of the | 73092 |
| real property or personal property associated with the facility is | 73093 |
| also transferred; | 73094 |
| (c) A lease of the facility to the entering operator or the | 73095 |
| exiting operator's termination of the exiting operator's lease; | 73096 |
| (d) If the exiting operator is a partnership, dissolution of | 73097 |
| the partnership; | 73098 |
| (e) If the exiting operator is a partnership, a change in | 73099 |
| composition of the partnership unless both of the following apply: | 73100 |
| (i) The change in composition does not cause the | 73101 |
| partnership's dissolution under state law. | 73102 |
| (ii) The partners agree that the change in composition does | 73103 |
| not constitute a change in operator. | 73104 |
| (f) If the operator is a corporation, dissolution of the | 73105 |
| corporation, a merger of the corporation into another corporation | 73106 |
| that is the survivor of the merger, or a consolidation of one or | 73107 |
| more other corporations to form a new corporation. | 73108 |
| (2) The following, alone, do not constitute a change of | 73109 |
| operator: | 73110 |
| (a) A contract for an entity to manage a nursing facility or | 73111 |
| intermediate care facility for the mentally retarded as the | 73112 |
| operator's agent, subject to the operator's approval of daily | 73113 |
| operating and management decisions; | 73114 |
| (b) A change of ownership, lease, or termination of a lease | 73115 |
| of real property or personal property associated with a nursing | 73116 |
| facility or intermediate care facility for the mentally retarded | 73117 |
| if an entering operator does not become the operator in place of | 73118 |
| an exiting operator; | 73119 |
| (c) If the operator is a corporation, a change of one or more | 73120 |
| members of the corporation's governing body or transfer of | 73121 |
| ownership of one or more shares of the corporation's stock, if the | 73122 |
| same corporation continues to be the operator. | 73123 |
| (B) "Effective date of a change of operator" means the day | 73124 |
| the entering operator becomes the operator of the nursing facility | 73125 |
| or intermediate care facility for the mentally retarded. | 73126 |
| (C) "Effective date of a facility closure" means the last day | 73127 |
| that the last of the residents of the nursing facility or | 73128 |
| intermediate care facility for the mentally retarded resides in | 73129 |
| the facility. | 73130 |
| (D) "Effective date of a voluntary termination" means the day | 73131 |
| the intermediate care facility for the mentally retarded ceases to | 73132 |
| accept medicaid patients. | 73133 |
| (E) "Effective date of a voluntary withdrawal of | 73134 |
| participation" means the day the nursing facility ceases to accept | 73135 |
| new medicaid patients other than the individuals who reside in the | 73136 |
| nursing facility on the day before the effective date of the | 73137 |
| voluntary withdrawal of participation. | 73138 |
| (F) "Entering operator" means the person or government entity | 73139 |
| that will become the operator of a nursing facility or | 73140 |
| intermediate care facility for the mentally retarded when a change | 73141 |
| of operator occurs. | 73142 |
| (G) "Exiting operator" means any of the following: | 73143 |
| (1) An operator that will cease to be the operator of a | 73144 |
| nursing facility or intermediate care facility for the mentally | 73145 |
| retarded on the effective date of a change of operator; | 73146 |
| (2) An operator that will cease to be the operator of a | 73147 |
| nursing facility or intermediate care facility for the mentally | 73148 |
| retarded on the effective date of a facility closure; | 73149 |
| (3) An operator of an intermediate care facility for the | 73150 |
| mentally retarded that is undergoing or has undergone a voluntary | 73151 |
| termination; | 73152 |
| (4) An operator of a nursing facility that is undergoing or | 73153 |
| has undergone a voluntary withdrawal of participation. | 73154 |
| (H)(1) "Facility closure" means discontinuance of the use of | 73155 |
| the building, or part of the building, that houses the facility as | 73156 |
| a nursing facility or intermediate care facility for the mentally | 73157 |
| retarded that results in the relocation of all of the facility's | 73158 |
| residents. A facility closure occurs regardless of any of the | 73159 |
| following: | 73160 |
| (a) The operator completely or partially replacing the | 73161 |
| facility by constructing a new facility or transferring the | 73162 |
| facility's license to another facility; | 73163 |
| (b) The facility's residents relocating to another of the | 73164 |
| operator's facilities; | 73165 |
| (c) Any action the department of health takes regarding the | 73166 |
| facility's certification under Title XIX of the "Social Security | 73167 |
| Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended, that may | 73168 |
| result in the transfer of part of the facility's survey findings | 73169 |
| to another of the operator's facilities; | 73170 |
| (d) Any action the department of health takes regarding the | 73171 |
| facility's license under Chapter 3721. of the Revised Code; | 73172 |
| (e) Any action the department of mental retardation and | 73173 |
| developmental disabilities takes regarding the facility's license | 73174 |
| under section 5123.19 of the Revised Code. | 73175 |
| (2) A facility closure does not occur if all of the | 73176 |
| facility's residents are relocated due to an emergency evacuation | 73177 |
| and one or more of the residents return to a medicaid-certified | 73178 |
| bed in the facility not later than thirty days after the | 73179 |
| evacuation occurs. | 73180 |
| (I) "Fiscal year," "intermediate care facility for the | 73181 |
| mentally retarded," "nursing facility," "operator," "owner," and | 73182 |
| "provider agreement" have the same meanings as in section 5111.20 | 73183 |
| of the Revised Code. | 73184 |
| (J) "Voluntary termination" means an operator's voluntary | 73185 |
| election to terminate the participation of an intermediate care | 73186 |
| facility for the mentally retarded in the medicaid program but to | 73187 |
| continue to provide service of the type provided by a residential | 73188 |
| facility as defined in section 5123.19 of the Revised Code. | 73189 |
| (K) "Voluntary withdrawal of participation" means an | 73190 |
| operator's voluntary election to terminate the participation of a | 73191 |
| nursing facility in the medicaid program but to continue to | 73192 |
| provide service of the type provided by a nursing facility. | 73193 |
| Sec. 5111.651. Sections 5111.65 to | 73194 |
| Revised Code do not apply to a nursing facility or intermediate | 73195 |
| care facility for the mentally retarded that undergoes a facility | 73196 |
| closure, voluntary termination, voluntary withdrawal of | 73197 |
| participation, or change of operator on or before September 30, | 73198 |
| 2005, if the exiting operator provided written notice of the | 73199 |
| facility closure, voluntary termination, voluntary withdrawal of | 73200 |
| participation, or change of operator to the department of job and | 73201 |
| family services on or before June 30, 2005. | 73202 |
| Sec. 5111.688. (A) All amounts withheld under section | 73203 |
| 5111.681 of the Revised Code from payment due an exiting operator | 73204 |
| under the medicaid program shall be deposited into the medicaid | 73205 |
| payment withholding fund created by the controlling board pursuant | 73206 |
| to section 131.35 of the Revised Code. Money in the fund shall be | 73207 |
| used as follows: | 73208 |
| (1) To pay an exiting operator when a withholding is released | 73209 |
| to the exiting operator under section 5111.686 or 5111.687 of the | 73210 |
| Revised Code; | 73211 |
| (2) To pay the department of job and family services and | 73212 |
| United States centers for medicare and medicaid services the | 73213 |
| amount an exiting operator owes the department and United States | 73214 |
| centers under the medicaid program. | 73215 |
| (B) Amounts paid from the medicaid payment withholding fund | 73216 |
| pursuant to division (A)(2) of this section shall be deposited | 73217 |
| into the appropriate department fund. | 73218 |
| | 73219 |
| services may adopt rules under section 5111.02 of the Revised Code | 73220 |
|
to implement sections 5111.65 to | 73221 |
| Code, including rules applicable to an exiting operator that | 73222 |
| provides written notification under section 5111.66 of the Revised | 73223 |
| Code of a voluntary withdrawal of participation. Rules adopted | 73224 |
| under this section shall comply with section 1919(c)(2)(F) of the | 73225 |
| "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. | 73226 |
| 1396r(c)(2)(F), regarding restrictions on transfers or discharges | 73227 |
| of nursing facility residents in the case of a voluntary | 73228 |
| withdrawal of participation. The rules may prescribe a medicaid | 73229 |
| reimbursement methodology and other procedures that are applicable | 73230 |
| after the effective date of a voluntary withdrawal of | 73231 |
| participation that differ from the reimbursement methodology and | 73232 |
| other procedures that would otherwise apply. | 73233 |
| Sec. 5111.705. No individual shall be denied eligibility for | 73234 |
| the medicaid buy-in for workers with disabilities program on the | 73235 |
| basis that the individual receives services under a home and | 73236 |
| community-based services medicaid waiver component as defined in | 73237 |
|
section | 73238 |
| Sec. 5111.85. (A) As used in this section and sections | 73239 |
|
5111.851 to 5111.856 of the Revised Code | 73240 |
| "Home and community-based services medicaid waiver component" | 73241 |
| means a medicaid waiver component under which home and | 73242 |
| community-based services are provided as an alternative to | 73243 |
| hospital, nursing facility, or intermediate care facility for the | 73244 |
| mentally retarded services. | 73245 |
| "Hospital" has the same meaning as in section 3727.01 of the | 73246 |
| Revised Code. | 73247 |
| "Intermediate care facility for the mentally retarded" has | 73248 |
| the same meaning as in section 5111.20 of the Revised Code. | 73249 |
| "Medicaid waiver component" means a component of the medicaid | 73250 |
| program authorized by a waiver granted by the United States | 73251 |
| department of health and human services under section 1115 or 1915 | 73252 |
| of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. | 73253 |
| 1315 or 1396n. "Medicaid waiver component" does not include a | 73254 |
| care management system established under section 5111.16 of the | 73255 |
| Revised Code. | 73256 |
| "Nursing facility" has the same meaning as in section 5111.20 | 73257 |
| of the Revised Code. | 73258 |
| (B) The director of job and family services may adopt rules | 73259 |
| under Chapter 119. of the Revised Code governing medicaid waiver | 73260 |
| components that establish all of the following: | 73261 |
| (1) Eligibility requirements for the medicaid waiver | 73262 |
| components; | 73263 |
| (2) The type, amount, duration, and scope of services the | 73264 |
| medicaid waiver components provide; | 73265 |
| (3) The conditions under which the medicaid waiver components | 73266 |
| cover services; | 73267 |
| (4) The amount the medicaid waiver components pay for | 73268 |
| services or the method by which the amount is determined; | 73269 |
| (5) The manner in which the medicaid waiver components pay | 73270 |
| for services; | 73271 |
| (6) Safeguards for the health and welfare of medicaid | 73272 |
| recipients receiving services under a medicaid waiver component; | 73273 |
| (7) Procedures for both of the following: | 73274 |
| (a) Identifying individuals who meet all of the following | 73275 |
| requirements: | 73276 |
| (i) Are eligible for a home and community-based services | 73277 |
| medicaid waiver component and on a waiting list for the component; | 73278 |
| (ii) Are receiving inpatient hospital services or residing in | 73279 |
| an intermediate care facility for the mentally retarded or | 73280 |
| nursing facility (as appropriate for the component); | 73281 |
| (iii) Choose to be enrolled in the component. | 73282 |
| (b) Approving the enrollment of individuals identified under | 73283 |
| the procedures established under division (B)(7)(a) of this | 73284 |
| section into the home and community-based services medicaid waiver | 73285 |
| component. | 73286 |
| (8) Procedures for enforcing the rules, including | 73287 |
| establishing corrective action plans for, and imposing financial | 73288 |
| and administrative sanctions on, persons and government entities | 73289 |
| that violate the rules. Sanctions shall include terminating | 73290 |
| medicaid provider agreements. The procedures shall include due | 73291 |
| process protections. | 73292 |
| | 73293 |
| administration of the medicaid waiver components. | 73294 |
| (C) The director of job and family services may adopt | 73295 |
| different rules for the different medicaid waiver components. The | 73296 |
| rules shall be consistent with the terms of the waiver authorizing | 73297 |
| the medicaid waiver component. | 73298 |
| (D) Any procedures established under division (B)(7) of this | 73299 |
| section for the PASSPORT program shall be consistent with section | 73300 |
| 173.401 of the Revised Code. Any procedures established under | 73301 |
| division (B)(7) of this section for the assisted living program | 73302 |
| shall be consistent with section 5111.894 of the Revised Code. | 73303 |
| Sec. 5111.851. (A) As used in sections 5111.851 to 5111.855 | 73304 |
| of the Revised Code: | 73305 |
| "Administrative agency" means, with respect to a home and | 73306 |
| community-based services medicaid waiver component, the department | 73307 |
| of job and family services or, if a state agency or political | 73308 |
| subdivision contracts with the department under section 5111.91 of | 73309 |
| the Revised Code to administer the component, that state agency or | 73310 |
| political subdivision. | 73311 |
| | 73312 |
| 73313 | |
| 73314 | |
| 73315 | |
| 73316 |
| | 73317 |
| 73318 |
| | 73319 |
| 73320 |
| "Level of care determination" means a determination of | 73321 |
| whether an individual needs the level of care provided by a | 73322 |
| hospital, nursing facility, or intermediate care facility for the | 73323 |
| mentally retarded and whether the individual, if determined to | 73324 |
| need that level of care, would receive hospital, nursing facility, | 73325 |
| or intermediate care facility for the mentally retarded services | 73326 |
| if not for a home and community-based services medicaid waiver | 73327 |
| component. | 73328 |
| "Medicaid buy-in for workers with disabilities program" means | 73329 |
| the component of the medicaid program established under sections | 73330 |
| 5111.70 to 5111.7011 of the Revised Code. | 73331 |
| | 73332 |
| 73333 |
| "Skilled nursing facility" means a facility certified as a | 73334 |
| skilled nursing facility under Title XVIII of the "Social Security | 73335 |
| Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended. | 73336 |
| (B) The following requirements apply to each home and | 73337 |
| community-based services medicaid waiver component: | 73338 |
| (1) Only an individual who qualifies for a component shall | 73339 |
| receive that component's services. | 73340 |
| (2) A level of care determination shall be made as part of | 73341 |
| the process of determining whether an individual qualifies for a | 73342 |
| component and shall be made each year after the initial | 73343 |
| determination if, during such a subsequent year, the | 73344 |
| administrative agency determines there is a reasonable indication | 73345 |
| that the individual's needs have changed. | 73346 |
| (3) A written plan of care or individual service plan based | 73347 |
| on an individual assessment of the services that an individual | 73348 |
| needs to avoid needing admission to a hospital, nursing facility, | 73349 |
| or intermediate care facility for the mentally retarded shall be | 73350 |
| created for each individual determined eligible for a component. | 73351 |
| (4) Each individual determined eligible for a component shall | 73352 |
| receive that component's services in accordance with the | 73353 |
| individual's level of care determination and written plan of care | 73354 |
| or individual service plan. | 73355 |
| (5) No individual may receive services under a component | 73356 |
| while the individual is a hospital inpatient or resident of a | 73357 |
| skilled nursing facility, nursing facility, or intermediate care | 73358 |
| facility for the mentally retarded. | 73359 |
| (6) No individual may receive prevocational, educational, or | 73360 |
| supported employment services under a component if the individual | 73361 |
| is eligible for such services that are funded with federal funds | 73362 |
| provided under 29 U.S.C. 730 or the "Individuals with Disabilities | 73363 |
| Education Act," 111 Stat. 37 (1997), 20 U.S.C. 1400, as amended. | 73364 |
| (7) Safeguards shall be taken to protect the health and | 73365 |
| welfare of individuals receiving services under a component, | 73366 |
| including safeguards established in rules adopted under section | 73367 |
| 5111.85 of the Revised Code and safeguards established by | 73368 |
| licensing and certification requirements that are applicable to | 73369 |
| the providers of that component's services. | 73370 |
| (8) No services may be provided under a component by a | 73371 |
| provider that is subject to standards that 42 U.S.C. 1382e(e)(1) | 73372 |
| requires be established if the provider fails to comply with the | 73373 |
| standards applicable to the provider. | 73374 |
| (9) Individuals determined to be eligible for a component, or | 73375 |
| such individuals' representatives, shall be informed of that | 73376 |
| component's services, including any choices that the individual or | 73377 |
| representative may make regarding the component's services, and | 73378 |
| given the choice of either receiving services under that component | 73379 |
| or, as appropriate, hospital, nursing facility, or intermediate | 73380 |
| care facility for the mentally retarded services. | 73381 |
| (10) No individual shall lose eligibility for services under | 73382 |
| a component, or have the services reduced or otherwise disrupted, | 73383 |
| on the basis that the individual also receives services under the | 73384 |
| medicaid buy-in for workers with disabilities program. | 73385 |
| (11) No individual shall lose eligibility for services under | 73386 |
| a component, or have the services reduced or otherwise disrupted, | 73387 |
| on the basis that the individual's income or resources increase to | 73388 |
| an amount above the eligibility limit for the component if the | 73389 |
| individual is participating in the medicaid buy-in for workers | 73390 |
| with disabilities program and the amount of the individual's | 73391 |
| income or resources does not exceed the eligibility limit for the | 73392 |
| medicaid buy-in for workers with disabilities program. | 73393 |
| (12) No individual receiving services under a component shall | 73394 |
| be required to pay any cost sharing expenses for the services for | 73395 |
| any period during which the individual also participates in the | 73396 |
| medicaid buy-in for workers with disabilities program. | 73397 |
| Sec. 5111.861. (A) As used in this section: | 73398 |
| (1) "Assisted living program" means the medicaid waiver | 73399 |
| component created under section 5111.89 of the Revised Code. | 73400 |
| (2) "Choices program" means the medicaid waiver component | 73401 |
| created under section 173.403 of the Revised Code. | 73402 |
| (3) "Medicaid waiver component" has the same meaning as in | 73403 |
| section 5111.85 of the Revised Code. | 73404 |
| (4) "PASSPORT program" means the medicaid waiver component | 73405 |
| created under section 173.40 of the Revised Code. | 73406 |
| (B) The director of job and family services shall submit a | 73407 |
| request to the United States secretary of health and human | 73408 |
| services pursuant to 42 U.S.C. 1396n to obtain a federal medicaid | 73409 |
| waiver that consolidates the following medicaid waiver components | 73410 |
| into one medicaid waiver component: | 73411 |
| (1) The assisted living program; | 73412 |
| (2) The choices program; | 73413 |
| (3) The PASSPORT program. | 73414 |
| (C) In seeking a consolidated federal medicaid waiver under | 73415 |
| this section, the director of job and family services shall work | 73416 |
| with the director of aging and provide for the waiver to do all of | 73417 |
| the following: | 73418 |
| (1) For the part of the waiver that concerns the assisted | 73419 |
| living program, include the provisions that sections 5111.89 to | 73420 |
| 5111.894 of the Revised Code establish for the assisted living | 73421 |
| program; | 73422 |
| (2) For the part of the waiver that concerns the choices | 73423 |
| program, include the provisions that sections 173.403 and 173.404 | 73424 |
| of the Revised Code establishes for the choices program; | 73425 |
| (3) For the part of the waiver that concerns the PASSPORT | 73426 |
| program, include the provisions that sections 173.40 to 173.402 | 73427 |
| and 173.404 of the Revised Code establish for the PASSPORT | 73428 |
| program; | 73429 |
| (4) For each part of the waiver, including the part that | 73430 |
| concerns the choices program, be available statewide. | 73431 |
| (D) If the United States secretary approves the consolidated | 73432 |
| federal medicaid waiver sought under this section, all of the | 73433 |
| following shall apply: | 73434 |
| (1) The department of job and family services shall enter | 73435 |
| into a contract with the department of aging under section 5111.91 | 73436 |
| of the Revised Code for the department of aging to administer the | 73437 |
| consolidated federal medicaid waiver, except that the department | 73438 |
| of job and family services, rather than the department of aging, | 73439 |
| shall administer the part of the waiver that concerns the assisted | 73440 |
| living program if the director of budget and management does not | 73441 |
| approve the contract; | 73442 |
| (2) The director of job and family services shall adopt rules | 73443 |
| under section 5111.85 of the Revised Code to authorize the | 73444 |
| director of aging to adopt rules in accordance with Chapter 119. | 73445 |
| of the Revised Code that are needed to implement the consolidated | 73446 |
| federal medicaid waiver, except that the director of job and | 73447 |
| family services shall adopt rules under section 5111.85 of the | 73448 |
| Revised Code that are needed to implement the part of the waiver | 73449 |
| that concerns the assisted living program if the director of | 73450 |
| budget and management does not approve the contract the | 73451 |
| departments of job and family services and aging enter into under | 73452 |
| division (D)(1) of this section; | 73453 |
| (3) Any statutory reference to the assisted living program | 73454 |
| shall mean the part of the consolidated federal medicaid waiver | 73455 |
| that concerns the assisted living program; | 73456 |
| (4) Any statutory reference to the choices program shall mean | 73457 |
| the part of the consolidated federal medicaid waiver that concerns | 73458 |
| the choices program; | 73459 |
| (5) Any statutory references to the PASSPORT program shall | 73460 |
| mean the part of the consolidated federal medicaid waiver that | 73461 |
| concerns the PASSPORT program. | 73462 |
| Sec. 5111.874. (A) As used in sections 5111.874 to 5111.8710 | 73463 |
| of the Revised Code: | 73464 |
| "Home and community-based services" has the same meaning as | 73465 |
| in section 5123.01 of the Revised Code. | 73466 |
| "ICF/MR services" means intermediate care facility for the | 73467 |
| mentally retarded services covered by the medicaid program that an | 73468 |
| intermediate care facility for the mentally retarded provides to a | 73469 |
| resident of the facility who is a medicaid recipient eligible for | 73470 |
| medicaid-covered intermediate care facility for the mentally | 73471 |
| retarded services. | 73472 |
| "Intermediate care facility for the mentally retarded" means | 73473 |
| an intermediate care facility for the mentally retarded that is | 73474 |
| certified as in compliance with applicable standards for the | 73475 |
| medicaid program by the director of health in accordance with | 73476 |
| Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 | 73477 |
| U.S.C. 1396, as amended, and licensed as a residential facility | 73478 |
| under section 5123.19 of the Revised Code. | 73479 |
| "Residential facility" has the same meaning as in section | 73480 |
| 5123.19 of the Revised Code. | 73481 |
| (B) For the purpose of increasing the number of slots | 73482 |
| available for home and community-based services and subject to | 73483 |
| sections 5111.877 and 5111.878 of the Revised Code, the operator | 73484 |
| of an intermediate care facility for the mentally retarded may | 73485 |
| convert all of the beds in the facility from providing ICF/MR | 73486 |
| services to providing home and community-based services if all | 73487 |
| of the following requirements are met: | 73488 |
| (1) The operator provides the directors of health, job and | 73489 |
| family services, and mental retardation and developmental | 73490 |
| disabilities at least ninety days' notice of the operator's intent | 73491 |
| to relinquish the facility's certification as an intermediate care | 73492 |
| facility for the mentally retarded and to begin providing home and | 73493 |
| community-based services. | 73494 |
| (2) The operator complies with the requirements of sections | 73495 |
|
5111.65 to | 73496 |
| voluntary termination as defined in section 5111.65 of the | 73497 |
| Revised Code if those requirements are applicable. | 73498 |
| (3) The operator notifies each of the facility's residents | 73499 |
| that the facility is to cease providing ICF/MR services and inform | 73500 |
| each resident that the resident may do either of the following: | 73501 |
| (a) Continue to receive ICF/MR services by transferring to | 73502 |
| another facility that is an intermediate care facility for the | 73503 |
| mentally retarded willing and able to accept the resident if the | 73504 |
| resident continues to qualify for ICF/MR services; | 73505 |
| (b) Begin to receive home and community-based services | 73506 |
| instead of ICF/MR services from any provider of home and | 73507 |
| community-based services that is willing and able to provide the | 73508 |
| services to the resident if the resident is eligible for the | 73509 |
| services and a slot for the services is available to the resident. | 73510 |
| (4) The operator meets the requirements for providing home | 73511 |
| and community-based services, including the following: | 73512 |
| (a) Such requirements applicable to a residential facility if | 73513 |
| the operator maintains the facility's license as a residential | 73514 |
| facility; | 73515 |
| (b) Such requirements applicable to a facility that is not | 73516 |
| licensed as a residential facility if the operator surrenders the | 73517 |
| facility's residential facility license under section 5123.19 of | 73518 |
| the Revised Code. | 73519 |
| (5) The director of mental retardation and developmental | 73520 |
| disabilities approves the conversion. | 73521 |
| (C) The notice to the director of mental retardation and | 73522 |
| developmental disabilities under division (B)(1) of this section | 73523 |
| shall specify whether the operator wishes to surrender the | 73524 |
| facility's license as a residential facility under section 5123.19 | 73525 |
| of the Revised Code. | 73526 |
| (D) If the director of mental retardation and developmental | 73527 |
| disabilities approves a conversion under division (B) of this | 73528 |
| section, the director of health shall terminate the certification | 73529 |
| of the intermediate care facility for the mentally retarded to be | 73530 |
| converted. The director of health shall notify the director of | 73531 |
| job and family services of the termination. On receipt of the | 73532 |
| director of health's notice, the director of job and family | 73533 |
| services shall terminate the operator's medicaid provider | 73534 |
| agreement that authorizes the operator to provide ICF/MR services | 73535 |
| at the facility. The operator is not entitled to notice or a | 73536 |
| hearing under Chapter 119. of the Revised Code before the | 73537 |
| director of job and family services terminates the medicaid | 73538 |
| provider agreement. | 73539 |
| Sec. 5111.875. (A) For the purpose of increasing the number | 73540 |
| of slots available for home and community-based services and | 73541 |
| subject to sections 5111.877 and 5111.878 of the Revised Code, a | 73542 |
| person who acquires, through a request for proposals issued by | 73543 |
| the director of mental retardation and developmental | 73544 |
| disabilities, a residential facility that is an intermediate care | 73545 |
| facility for the mentally retarded and for which the license as a | 73546 |
| residential facility was previously surrendered or revoked may | 73547 |
| convert some or all of the facility's beds from providing ICF/MR | 73548 |
| services to providing home and community-based services if all | 73549 |
| of the following requirements are met: | 73550 |
| (1) The person provides the directors of health, job and | 73551 |
| family services, and mental retardation and developmental | 73552 |
| disabilities at least ninety days' notice of the person's intent | 73553 |
| to make the conversion. | 73554 |
| (2) The person complies with the requirements of sections | 73555 |
|
5111.65 to | 73556 |
| voluntary termination as defined in section 5111.65 of the | 73557 |
| Revised Code if those requirements are applicable. | 73558 |
| (3) If the person intends to convert all of the facility's | 73559 |
| beds, the person notifies each of the facility's residents that | 73560 |
| the facility is to cease providing ICF/MR services and informs | 73561 |
| each resident that the resident may do either of the following: | 73562 |
| (a) Continue to receive ICF/MR services by transferring to | 73563 |
| another facility that is an intermediate care facility for the | 73564 |
| mentally retarded willing and able to accept the resident if the | 73565 |
| resident continues to qualify for ICF/MR services; | 73566 |
| (b) Begin to receive home and community-based services | 73567 |
| instead of ICF/MR services from any provider of home and | 73568 |
| community-based services that is willing and able to provide the | 73569 |
| services to the resident if the resident is eligible for the | 73570 |
| services and a slot for the services is available to the resident. | 73571 |
| (4) If the person intends to convert some but not all of the | 73572 |
| facility's beds, the person notifies each of the facility's | 73573 |
| residents that the facility is to convert some of its beds from | 73574 |
| providing ICF/MR services to providing home and community-based | 73575 |
| services and inform each resident that the resident may do either | 73576 |
| of the following: | 73577 |
| (a) Continue to receive ICF/MR services from any provider of | 73578 |
| ICF/MR services that is willing and able to provide the services | 73579 |
| to the resident if the resident continues to qualify for ICF/MR | 73580 |
| services; | 73581 |
| (b) Begin to receive home and community-based services | 73582 |
| instead of ICF/MR services from any provider of home and | 73583 |
| community-based services that is willing and able to provide the | 73584 |
| services to the resident if the resident is eligible for the | 73585 |
| services and a slot for the services is available to the resident. | 73586 |
| (5) The person meets the requirements for providing home and | 73587 |
| community-based services at a residential facility. | 73588 |
| (B) The notice provided to the directors under division | 73589 |
| (A)(1) of this section shall specify whether some or all of the | 73590 |
| facility's beds are to be converted. If some but not all of the | 73591 |
| beds are to be converted, the notice shall specify how many of | 73592 |
| the facility's beds are to be converted and how many of the beds | 73593 |
| are to continue to provide ICF/MR services. | 73594 |
| (C) On receipt of a notice under division (A)(1) of this | 73595 |
| section, the director of health shall do the following: | 73596 |
| (1) Terminate the certification of the intermediate care | 73597 |
| facility for the mentally retarded if the notice specifies that | 73598 |
| all of the facility's beds are to be converted; | 73599 |
| (2) Reduce the facility's certified capacity by the number of | 73600 |
| beds being converted if the notice specifies that some but not all | 73601 |
| of the beds are to be converted. | 73602 |
| (D) The director of health shall notify the director of job | 73603 |
| and family services of the termination or reduction under division | 73604 |
| (C) of this section. On receipt of the director of health's | 73605 |
| notice, the director of job and family services shall do the | 73606 |
| following: | 73607 |
| (1) Terminate the person's medicaid provider agreement that | 73608 |
| authorizes the person to provide ICF/MR services at the facility | 73609 |
| if the facility's certification was terminated; | 73610 |
| (2) Amend the person's medicaid provider agreement to reflect | 73611 |
| the facility's reduced certified capacity if the facility's | 73612 |
| certified capacity is reduced. | 73613 |
| The person is not entitled to notice or a hearing under | 73614 |
| Chapter 119. of the Revised Code before the director of job and | 73615 |
| family services terminates or amends the medicaid provider | 73616 |
| agreement. | 73617 |
| Sec. 5111.88. (A) As used in sections 5111.88 to 5111.8811 | 73618 |
| of the Revised Code: | 73619 |
| (1) "Adult" means an individual at least eighteen years of | 73620 |
| age. | 73621 |
| (2) "Authorized representative" means the following: | 73622 |
| (a) In the case of a consumer who is a minor, the consumer's | 73623 |
| parent, custodian, or guardian; | 73624 |
| (b) In the case of a consumer who is an adult, an individual | 73625 |
| selected by the consumer pursuant to section 5111.8810 of the | 73626 |
| Revised Code to act on the consumer's behalf for purposes | 73627 |
| regarding home care attendant services. | 73628 |
| (3) "Authorizing health care professional" means a health | 73629 |
| care professional who, pursuant to section 5111.887 of the Revised | 73630 |
| Code, authorizes a home care attendant to assist a consumer with | 73631 |
| self-administration of medication, nursing tasks, or both. | 73632 |
| (4) "Consumer" means an individual to whom all of the | 73633 |
| following apply: | 73634 |
| (a) The individual is enrolled in a participating medicaid | 73635 |
| waiver component. | 73636 |
| (b) The individual has a medically determinable physical | 73637 |
| impairment to which both of the following apply: | 73638 |
| (i) It is expected to last for a continuous period of not | 73639 |
| less than twelve months. | 73640 |
| (ii) It causes the individual to require assistance with | 73641 |
| activities of daily living, self-care, and mobility, including | 73642 |
| either assistance with self-administration of medication or the | 73643 |
| performance of nursing tasks, or both. | 73644 |
| (c) In the case of an individual who is an adult, the | 73645 |
| individual is mentally alert and is, or has an authorized | 73646 |
| representative who is, capable of selecting, directing the | 73647 |
| actions of, and dismissing a home care attendant. | 73648 |
| (d) In the case of an individual who is a minor, the | 73649 |
| individual has an authorized representative who is capable of | 73650 |
| selecting, directing the actions of, and dismissing a home care | 73651 |
| attendant. | 73652 |
| (5) "Controlled substance" has the same meaning as in section | 73653 |
| 3719.01 of the Revised Code. | 73654 |
| (6) "Custodian" has the same meaning as in section 2151.011 | 73655 |
| of the Revised Code. | 73656 |
| (7) "Gastrostomy tube" means a percutaneously inserted | 73657 |
| catheter that terminates in the stomach. | 73658 |
| (8) "Guardian" has the same meaning as in section 2111.01 of | 73659 |
| the Revised Code. | 73660 |
| (9) "Health care professional" means a physician or | 73661 |
| registered nurse. | 73662 |
| (10) "Home care attendant" means an individual holding a | 73663 |
| valid medicaid provider agreement in accordance with section | 73664 |
| 5111.881 of the Revised Code that authorizes the individual to | 73665 |
| provide home care attendant services to consumers. | 73666 |
| (11) "Home care attendant services" means all of the | 73667 |
| following as provided by a home care attendant: | 73668 |
| (a) Personal care aide services; | 73669 |
| (b) Assistance with the self-administration of medication; | 73670 |
| (c) Assistance with nursing tasks. | 73671 |
| (12) "Jejunostomy tube" means a percutaneously inserted | 73672 |
| catheter that terminates in the jejunum. | 73673 |
| (13) "Medicaid waiver component" has the same meaning as in | 73674 |
| section 5111.85 of the Revised Code. | 73675 |
| (14) "Medication" means a drug as defined in section 4729.01 | 73676 |
| of the Revised Code. | 73677 |
| (15) "Minor" means an individual under eighteen years of age. | 73678 |
| (16) "Participating medicaid waiver component" means both of | 73679 |
| the following: | 73680 |
| (a) The medicaid waiver component known as Ohio home care | 73681 |
| that the department of job and family services administers; | 73682 |
| (b) The medicaid waiver component known as Ohio transitions | 73683 |
| II aging carve-out that the department of job and family services | 73684 |
| administers. | 73685 |
| (17) "Physician" means an individual authorized under Chapter | 73686 |
| 4731. of the Revised Code to practice medicine and surgery or | 73687 |
| osteopathic medicine and surgery. | 73688 |
| (18) "Practice of nursing as a registered nurse," "practice | 73689 |
| of nursing as a licensed practical nurse," and "registered nurse" | 73690 |
| have the same meanings as in section 4723.01 of the Revised Code. | 73691 |
| "Registered nurse" includes an advanced practice nurse, as defined | 73692 |
| in section 4723.01 of the Revised Code. | 73693 |
| (19) "Schedule II," "schedule III," "schedule IV," and | 73694 |
| "schedule V" have the same meanings as in section 3719.01 of the | 73695 |
| Revised Code. | 73696 |
| (B) The director of job and family services may submit | 73697 |
| requests to the United States secretary of health and human | 73698 |
| services to amend the federal medicaid waivers authorizing the | 73699 |
| participating medicaid waiver components to have those components | 73700 |
| cover home care attendant services in accordance with sections | 73701 |
| 5111.88 to 5111.8810 and rules adopted under section 5111.8811 of | 73702 |
| the Revised Code. Notwithstanding sections 5111.881 to 5111.8811 | 73703 |
| of the Revised Code, those sections shall be implemented regarding | 73704 |
| a participating medicaid waiver component only if the secretary | 73705 |
| approves a waiver amendment for the component. | 73706 |
| Sec. 5111.881. The director of job and family services shall | 73707 |
| enter into a medicaid provider agreement with an individual to | 73708 |
| authorize the individual to provide home care attendant services | 73709 |
| to consumers if the individual does both of the following: | 73710 |
| (A) Agrees to comply with the requirements of sections | 73711 |
| 5111.88 to 5111.8810 and rules adopted under section 5111.8811 of | 73712 |
| the Revised Code; | 73713 |
| (B) Provides the director evidence satisfactory to the | 73714 |
| director of all of the following: | 73715 |
| (1) That the individual either meets the personnel | 73716 |
| qualifications specified in 42 C.F.R. 484.4 for home health aides | 73717 |
| or has successfully completed at least one of the following: | 73718 |
| (a) A competency evaluation program or training and | 73719 |
| competency evaluation program approved or conducted by the | 73720 |
| director of health under section 3721.31 of the Revised Code; | 73721 |
| (b) A training program approved by the department of job and | 73722 |
| family services that includes training in at least all of the | 73723 |
| following and provides training equivalent to a training and | 73724 |
| competency evaluation program specified in division (B)(1)(a) of | 73725 |
| this section or meets the requirements of 42 C.F.R. 484.36(a): | 73726 |
| (i) Basic home safety; | 73727 |
| (ii) Universal precautions for the prevention of disease | 73728 |
| transmission, including hand-washing and proper disposal of bodily | 73729 |
| waste and medical instruments that are sharp or may produce sharp | 73730 |
| pieces if broken; | 73731 |
| (iii) Personal care aide services; | 73732 |
| (iv) The labeling, counting, and storage requirements for | 73733 |
| schedule II, III, IV, and V medications. | 73734 |
| (2) That the individual has obtained a certificate of | 73735 |
| completion of a course in first aid from a first aid course to | 73736 |
| which all of the following apply: | 73737 |
| (a) It is not provided solely through the internet. | 73738 |
| (b) It includes hands-on training provided by a first aid | 73739 |
| instructor who is qualified to provide such training according to | 73740 |
| standards set in rules adopted under section 5111.8811 of the | 73741 |
| Revised Code. | 73742 |
| (c) It requires the individual to demonstrate successfully | 73743 |
| that the individual has learned the first aid taught in the | 73744 |
| course. | 73745 |
| (3) That the individual meets any other requirements for the | 73746 |
| medicaid provider agreement specified in rules adopted under | 73747 |
| section 5111.8811 of the Revised Code. | 73748 |
| Sec. 5111.882. A home care attendant shall complete not less | 73749 |
| than twelve hours of in-service continuing education regarding | 73750 |
| home care attendant services each year and provide the director | 73751 |
| of job and family services evidence satisfactory to the director | 73752 |
| that the attendant satisfied this requirement. The evidence shall | 73753 |
| be submitted to the director not later than the annual anniversary | 73754 |
| of the issuance of the home care attendant's initial medicaid | 73755 |
| provider agreement. | 73756 |
| Sec. 5111.883. A home care attendant shall do all of the | 73757 |
| following: | 73758 |
| (A) Maintain a clinical record for each consumer to whom the | 73759 |
| attendant provides home care attendant services in a manner that | 73760 |
| protects the consumer's privacy; | 73761 |
| (B) Participate in a face-to-face visit every ninety days | 73762 |
| with all of the following to monitor the health and welfare of | 73763 |
| each of the consumers to whom the attendant provides home care | 73764 |
| attendant services: | 73765 |
| (1) The consumer; | 73766 |
| (2) The consumer's authorized representative, if any; | 73767 |
| (3) A registered nurse who agrees to answer any questions | 73768 |
| that the attendant, consumer, or authorized representative has | 73769 |
| about consumer care needs, medications, and other issues. | 73770 |
| (C) Document the activities of each visit required by | 73771 |
| division (B) of this section in the consumer's clinical record | 73772 |
| with the assistance of the registered nurse. | 73773 |
| Sec. 5111.884. (A) A home care attendant may assist a | 73774 |
| consumer with nursing tasks or self-administration of medication | 73775 |
| only after the attendant does both of the following: | 73776 |
| (1) Subject to division (B) of this section, completes | 73777 |
| consumer-specific training in how to provide the assistance that | 73778 |
| the authorizing health care professional authorizes the attendant | 73779 |
| to provide to the consumer; | 73780 |
| (2) At the request of the consumer, consumer's authorized | 73781 |
| representative, or authorizing health care professional, | 73782 |
| successfully demonstrates that the attendant has learned how to | 73783 |
| provide the authorized assistance to the consumer. | 73784 |
| (B) The training required by division (A)(1) of this section | 73785 |
| shall be provided by either of the following: | 73786 |
| (1) The authorizing health care professional; | 73787 |
| (2) The consumer or consumer's authorized representative in | 73788 |
| cooperation with the authorizing health care professional. | 73789 |
| Sec. 5111.885. A home care attendant shall comply with both | 73790 |
| of the following when assisting a consumer with nursing tasks or | 73791 |
| self-administration of medication: | 73792 |
| (A) The written consent of the consumer or consumer's | 73793 |
| authorized representative provided to the director of job and | 73794 |
| family services under section 5111.886 of the Revised Code; | 73795 |
| (B) The authorizing health care professional's written | 73796 |
| authorization provided to the director under section 5111.887 of | 73797 |
| the Revised Code. | 73798 |
| Sec. 5111.886. To consent to a home care attendant assisting | 73799 |
| a consumer with nursing tasks or self-administration of | 73800 |
| medication, the consumer or consumer's authorized representative | 73801 |
| shall provide the director of job and family services a written | 73802 |
| statement signed by the consumer or authorized representative | 73803 |
| under which the consumer or authorized representative consents to | 73804 |
| both of the following: | 73805 |
| (A) Having the attendant assist the consumer with nursing | 73806 |
| tasks or self-administration of medication; | 73807 |
| (B) Assuming responsibility for directing the attendant when | 73808 |
| the attendant assists the consumer with nursing tasks or | 73809 |
| self-administration of medication. | 73810 |
| Sec. 5111.887. To authorize a home care attendant to assist | 73811 |
| a consumer with nursing tasks or self-administration of | 73812 |
| medication, a health care professional shall provide the director | 73813 |
| of job and family services a written statement signed by the | 73814 |
| health care professional that includes all of the following: | 73815 |
| (A) The consumer's name and address; | 73816 |
| (B) A description of the nursing tasks or self-administration | 73817 |
| of medication with which the attendant is to assist the consumer, | 73818 |
| including, in the case of assistance with self-administration of | 73819 |
| medication, the name and dosage of the medication; | 73820 |
| (C) The times or intervals when the attendant is to assist | 73821 |
| the consumer with the self-administration of each dosage of the | 73822 |
| medication or nursing tasks; | 73823 |
| (D) The dates the attendant is to begin and cease providing | 73824 |
| the assistance; | 73825 |
| (E) A list of severe adverse reactions the attendant must | 73826 |
| report to the health care professional should the consumer | 73827 |
| experience one or more of the reactions; | 73828 |
| (F) At least one telephone number at which the attendant can | 73829 |
| reach the health care professional in an emergency; | 73830 |
| (G) Instructions the attendant is to follow when assisting | 73831 |
| the consumer with nursing tasks or self-administration of | 73832 |
| medication, including instructions for maintaining sterile | 73833 |
| conditions and for storage of task-related equipment and supplies; | 73834 |
| (H) The health care professional's attestation of both of the | 73835 |
| following: | 73836 |
| (1) That the consumer or consumer's authorized representative | 73837 |
| has demonstrated to the health care professional the ability to | 73838 |
| direct the attendant; | 73839 |
| (2) That the attendant has demonstrated to the health care | 73840 |
| professional the ability to provide the consumer assistance with | 73841 |
| nursing tasks or self-administration of medication that the health | 73842 |
| care professional has specifically authorized the attendant to | 73843 |
| provide and that the consumer or consumer's authorized | 73844 |
| representative has indicated to the health care professional that | 73845 |
| the consumer or authorized representative is satisfied with the | 73846 |
| attendant's demonstration. | 73847 |
| Sec. 5111.888. When authorizing a home care attendant to | 73848 |
| assist a consumer with nursing tasks or self-administration of | 73849 |
| medication a health care professional may not authorize a home | 73850 |
| care attendant to do any of the following: | 73851 |
| (A) Perform a task that is outside of the health care | 73852 |
| professional's scope of practice; | 73853 |
| (B) Assist the consumer with the self-administration of a | 73854 |
| medication, including a schedule II, schedule III, schedule IV, or | 73855 |
| schedule V drug unless both of the following apply: | 73856 |
| (1) The medication is administered orally, topically, or via | 73857 |
| a gastrostomy tube or jejunostomy tube, including through any of | 73858 |
| the following: | 73859 |
| (a) In the case of an oral medication, a metered dose | 73860 |
| inhaler; | 73861 |
| (b) In the case of a topical medication, including a | 73862 |
| transdermal medication, either of the following: | 73863 |
| (i) An eye, ear, or nose drop or spray; | 73864 |
| (ii) A vaginal or rectal suppository. | 73865 |
| (c) In the case of a gastrostomy tube or jejunostomy tube, | 73866 |
| only through a pre-programmed pump. | 73867 |
| (2) The medication is in its original container and the | 73868 |
| label attached to the container displays all of the following: | 73869 |
| (a) The consumer's full name in print; | 73870 |
| (b) The medication's dispensing date, which must not be more | 73871 |
| than twelve months before the date the attendant assists the | 73872 |
| consumer with self-administration of the medication; | 73873 |
| (c) The exact dosage and means of administration that match | 73874 |
| the health care professional's authorization to the attendant. | 73875 |
| (C) Assist the consumer with the self-administration of a | 73876 |
| schedule II, schedule III, schedule IV, or schedule V medication | 73877 |
| unless, in addition to meeting the requirements of division (B) of | 73878 |
| this section, all of the following apply: | 73879 |
| (1) The medication has a warning label on its container. | 73880 |
| (2) The attendant counts the medication in the consumer's or | 73881 |
| authorized representative's presence when the medication is | 73882 |
| administered to the consumer and records the count on a form used | 73883 |
| for the count as specified in rules adopted under section | 73884 |
| 5111.8811 of the Revised Code. | 73885 |
| (3) The attendant recounts the medication in the consumer's | 73886 |
| or authorized representative's presence at least monthly and | 73887 |
| reconciles the recount on a log located in the consumer's | 73888 |
| clinical record. | 73889 |
| (4) The medication is stored separately from all other | 73890 |
| medications and is secured and locked at all times when not being | 73891 |
| administered to the consumer to prevent unauthorized access. | 73892 |
| (D) Perform an intramuscular injection; | 73893 |
| (E) Perform a subcutaneous injection unless it is for a | 73894 |
| routine dose of insulin; | 73895 |
| (F) Program a pump used to deliver a medication unless the | 73896 |
| pump is used to deliver a routine dose of insulin; | 73897 |
| (G) Insert, remove, or discontinue an intravenous access | 73898 |
| device; | 73899 |
| (H) Engage in intravenous medication administration; | 73900 |
| (I) Insert or initiate an infusion therapy; | 73901 |
| (J) Perform a central line dressing change. | 73902 |
| Sec. 5111.889. A home care attendant who provides home care | 73903 |
| attendant services to a consumer in accordance with the | 73904 |
| authorizing health care professional's authorization does not | 73905 |
| engage in the practice of nursing as a registered nurse or in the | 73906 |
| practice of nursing as a licensed practical nurse in violation of | 73907 |
| section 4723.03 of the Revised Code. | 73908 |
| A consumer or the consumer's authorized representative shall | 73909 |
| report to the director of job and family services if a home care | 73910 |
| attendant engages in the practice of nursing as a registered nurse | 73911 |
| or the practice of nursing as a licensed practical nurse beyond | 73912 |
| the authorizing health care professional's authorization. The | 73913 |
| director shall forward a copy of each report to the board of | 73914 |
| nursing. | 73915 |
| Sec. 5111.8810. A consumer who is an adult may select an | 73916 |
| individual to act on the consumer's behalf for purposes regarding | 73917 |
| home care attendant services by submitting a written notice of the | 73918 |
| consumer's selection of an authorized representative to the | 73919 |
| director of job and family services. The notice shall | 73920 |
| specifically identify the individual the consumer selects as | 73921 |
| authorized representative and may limit what the authorized | 73922 |
| representative may do on the consumer's behalf regarding home | 73923 |
| care attendant services. A consumer may not select the consumer's | 73924 |
| home care attendant to be the consumer's authorized | 73925 |
| representative. | 73926 |
| Sec. 5111.8811. The director of job and family services shall | 73927 |
| adopt rules under section 5111.85 of the Revised Code as necessary | 73928 |
| for the implementation of sections 5111.88 to 5111.8810 of the | 73929 |
| Revised Code. The rules shall be consistent with federal and state | 73930 |
| law. | 73931 |
| Sec. 5111.89. (A) As used in sections 5111.89 to 5111.894 | 73932 |
| of the Revised Code: | 73933 |
| "Area agency on aging" has the same meaning as in section | 73934 |
| 173.14 of the Revised Code. | 73935 |
| "Assisted living program" means the | 73936 |
| 73937 | |
| program created under
this section | 73938 |
| "Assisted living services" means the following home and | 73939 |
| community-based services: personal care, homemaker, chore, | 73940 |
| attendant care, companion, medication oversight, and therapeutic | 73941 |
| social and recreational programming. | 73942 |
| "County or district home" means a county or district home | 73943 |
| operated under Chapter 5155. of the Revised Code. | 73944 |
| "Long-term care consultation program" means the program the | 73945 |
| department of aging is required to develop under section 173.42 of | 73946 |
| the Revised Code. | 73947 |
| "Long-term care consultation program administrator" or | 73948 |
| "administrator" means the department of aging or, if the | 73949 |
| department contracts with an area agency on aging or other entity | 73950 |
| to administer the long-term care consultation program for a | 73951 |
| particular area, that agency or entity. | 73952 |
| "Medicaid waiver component" has the same meaning as in | 73953 |
| section 5111.85 of the Revised Code. | 73954 |
| "Nursing facility" has the same meaning as in section 5111.20 | 73955 |
| of the Revised Code. | 73956 |
| "Residential care facility" has the same meaning as in | 73957 |
| section 3721.01 of the Revised Code. | 73958 |
| "State administrative agency" means the department of job and | 73959 |
| family services if the department of job and family services | 73960 |
| administers the assisted living program or the department of aging | 73961 |
| if the department of aging administers the assisted living | 73962 |
| program. | 73963 |
| (B) | 73964 |
| 73965 | |
| 73966 | |
| 73967 | |
| 73968 | |
| hereby created the assisted living program. The program shall | 73969 |
|
provide assisted
living services | 73970 |
| 73971 | |
| eligibility requirements established under section 5111.891 of | 73972 |
| the Revised Code. The program may not serve more individuals | 73973 |
| than the number that is set by the United States secretary of | 73974 |
| health and human services when the medicaid waiver authorizing the | 73975 |
| program is approved. The program shall be operated as a separate | 73976 |
| medicaid waiver component until the United States secretary | 73977 |
| approves the consolidated federal medicaid waiver sought under | 73978 |
| section 5111.861 of the Revised Code. The program shall be part of | 73979 |
| the consolidated federal medicaid waiver sought under that section | 73980 |
| if the United States secretary approves the waiver. | 73981 |
| If the | 73982 |
| 73983 | |
| the contract, the department of job and family services shall | 73984 |
| enter into a contract with the department of aging under section | 73985 |
| 5111.91 of the Revised Code that provides for the department of | 73986 |
| aging to administer the assisted living program. The contract | 73987 |
| shall include an estimate of the program's costs. | 73988 |
| The director of job and family services may adopt rules under | 73989 |
| section 5111.85 of the Revised Code regarding the assisted living | 73990 |
| program. The director of aging may adopt rules under Chapter 119. | 73991 |
| of the Revised Code regarding the program that the rules adopted | 73992 |
| by the director of job and family services authorize the director | 73993 |
| of aging to adopt. | 73994 |
| Sec. 5111.891. To be eligible for the assisted living | 73995 |
| program, an individual must meet all of the following | 73996 |
| requirements: | 73997 |
| (A) Need an intermediate level of care as determined under | 73998 |
| rule 5101:3-3-06 of the Administrative Code; | 73999 |
| (B) At the time the individual applies for the assisted | 74000 |
| living program, be one of the following: | 74001 |
| (1) A nursing facility resident who is seeking to move to a | 74002 |
| residential care facility and would remain in a nursing facility | 74003 |
| for long term care if not for the assisted living program; | 74004 |
| (2) A participant of any of the following medicaid waiver | 74005 |
| components who would move to a nursing facility if not for the | 74006 |
| assisted living program: | 74007 |
| (a) The PASSPORT program created under section 173.40 of the | 74008 |
| Revised Code; | 74009 |
| (b) The | 74010 |
| 74011 | |
| 173.403 of the Revised Code; | 74012 |
| (c) A medicaid waiver component that the department of job | 74013 |
| and family services administers. | 74014 |
| (3) A resident of a residential care facility who has resided | 74015 |
| in a residential care facility for at least six months immediately | 74016 |
| before the date the individual applies for the assisted living | 74017 |
| program. | 74018 |
| (C) At the time the individual receives assisted living | 74019 |
| services under the assisted living program, reside in a | 74020 |
| residential care facility that is authorized by a valid medicaid | 74021 |
| provider agreement to participate in the assisted living program, | 74022 |
| including both of the following: | 74023 |
| (1) A residential care facility that is owned or operated by | 74024 |
| a metropolitan housing authority that has a contract with the | 74025 |
| United States department of housing and urban development to | 74026 |
| receive an operating subsidy or rental assistance for the | 74027 |
| residents of the facility; | 74028 |
| (2) A county or district home licensed as a residential care | 74029 |
| facility. | 74030 |
| (D) Meet all other eligibility requirements for the assisted | 74031 |
| living program established in rules adopted under section 5111.85 | 74032 |
| of the Revised Code. | 74033 |
| Sec. 5111.894. The state administrative agency may | 74034 |
| establish one or more waiting lists for the assisted living | 74035 |
| program. Only individuals eligible for the medicaid program may be | 74036 |
| placed on a waiting list. | 74037 |
| Each month, each area agency on aging shall determine | 74038 |
| whether any individual who resides in the area that the area | 74039 |
| agency on aging serves and is on a waiting list for the assisted | 74040 |
| living program has been admitted to a nursing facility. If an | 74041 |
| area agency on aging determines that such an individual has been | 74042 |
| admitted to a nursing facility and that there is a vacancy in a | 74043 |
| residential care facility participating in the assisted living | 74044 |
| program that is acceptable to the individual, the agency shall | 74045 |
| notify the long-term care consultation program administrator | 74046 |
| serving the area in which the individual resides about the | 74047 |
| determination. The administrator shall determine whether the | 74048 |
| assisted living program is appropriate for the individual and | 74049 |
| whether the individual would rather participate in the assisted | 74050 |
| living program than continue residing in the nursing facility. | 74051 |
| If the administrator determines that the assisted living program | 74052 |
| is appropriate for the individual and the individual would | 74053 |
| rather participate in the assisted living program than continue | 74054 |
| residing in the nursing facility, the administrator shall so | 74055 |
| notify the state administrative agency. | 74056 |
| On receipt of the notice from the administrator, the state | 74057 |
| administrative agency shall approve the individual's enrollment in | 74058 |
| the assisted living program regardless of any waiting list for the | 74059 |
| assisted living program, unless the enrollment would cause the | 74060 |
|
assisted living program to exceed | 74061 |
|
individuals who may participate in the program as set by | 74062 |
| 74063 | |
| health and human services when the medicaid waiver authorizing | 74064 |
| the program is approved. Each quarter, the state administrative | 74065 |
| agency shall certify to the director of budget and management | 74066 |
| the estimated increase in costs of the assisted living program | 74067 |
| resulting from enrollment of individuals in the assisted living | 74068 |
| program pursuant to this section. | 74069 |
| | 74070 |
| 74071 | |
| 74072 | |
| 74073 | |
| 74074 |
| Sec. 5111.971. (A) As used in this section, "long-term care | 74075 |
| medicaid waiver component" means any of the following: | 74076 |
| (1) The PASSPORT program created under section 173.40 of the | 74077 |
| Revised Code; | 74078 |
| (2) The | 74079 |
| 74080 | |
| 173.403 of the Revised Code; | 74081 |
| (3) A medicaid waiver component that the department of job | 74082 |
| and family services administers. | 74083 |
| (B) The director of job and family services shall submit a | 74084 |
| request to the United States secretary of health and human | 74085 |
| services for a waiver of federal medicaid requirements that would | 74086 |
| be otherwise violated in the creation of a pilot program under | 74087 |
| which not more than two hundred individuals who meet the pilot | 74088 |
| program's eligibility requirements specified in division (D) of | 74089 |
| this section receive a spending authorization to pay for the cost | 74090 |
| of medically necessary home and community-based services that the | 74091 |
| pilot program covers. The spending authorization shall be in an | 74092 |
| amount not exceeding seventy per cent of the average cost under | 74093 |
| the medicaid program for providing nursing facility services to an | 74094 |
| individual. An individual participating in the pilot program shall | 74095 |
| also receive necessary support services, including fiscal | 74096 |
| intermediary and other case management services, that the pilot | 74097 |
| program covers. | 74098 |
| (C) If the United States secretary of health and human | 74099 |
| services approves the waiver submitted under division (B) of this | 74100 |
| section, the department of job and family services shall enter | 74101 |
| into a contract with the department of aging under section 5111.91 | 74102 |
| of the Revised Code that provides for the department of aging to | 74103 |
| administer the pilot program that the waiver authorizes. | 74104 |
| (D) To be eligible to participate in the pilot program | 74105 |
| created under division (B) of this section, an individual must | 74106 |
| meet all of the following requirements: | 74107 |
| (1) Need an intermediate level of care as determined under | 74108 |
| rule 5101:3-3-06 of the Administrative Code or a skilled level of | 74109 |
| care as determined under rule 5101:3-3-05 of the Administrative | 74110 |
| Code; | 74111 |
| (2) At the time the individual applies to participate in the | 74112 |
| pilot program, be one of the following: | 74113 |
| (a) A nursing facility resident who would remain in a nursing | 74114 |
| facility if not for the pilot program; | 74115 |
| (b) A participant of any long-term care medicaid waiver | 74116 |
| component who would move to a nursing facility if not for the | 74117 |
| pilot program. | 74118 |
| (3) Meet all other eligibility requirements for the pilot | 74119 |
| program established in rules adopted under section 5111.85 of the | 74120 |
| Revised Code. | 74121 |
| (E) The director of job and family services may adopt rules | 74122 |
| under section 5111.85 of the Revised Code as the director | 74123 |
| considers necessary to implement the pilot program created under | 74124 |
| division (B) of this section. The director of aging may adopt | 74125 |
| rules under Chapter 119. of the Revised Code as the director | 74126 |
| considers necessary for the pilot program's implementation. The | 74127 |
| rules may establish a list of medicaid-covered services not | 74128 |
| covered by the pilot program that an individual participating in | 74129 |
| the pilot program may not receive if the individual also receives | 74130 |
| medicaid-covered services outside of the pilot program. | 74131 |
| Sec. 5112.30. As used in sections 5112.30 to 5112.39 of the | 74132 |
| Revised Code: | 74133 |
| (A) "Intermediate care facility for the mentally retarded" | 74134 |
|
has the
same meaning as
in section 5111.20 of the Revised Code | 74135 |
| 74136 | |
| 74137 |
| (B) "Medicaid" has the same meaning as in section 5111.01 of | 74138 |
| the Revised Code. | 74139 |
| Sec. 5112.31. The department of job and family services | 74140 |
| shall do all of the following: | 74141 |
| (A) For the purposes specified in sections 5112.37 | 74142 |
| 5112.371, and 5112.372 of the Revised Code, annually assess each | 74143 |
| intermediate care facility for the mentally retarded a franchise | 74144 |
|
permit fee
equal to | 74145 |
| twenty-five cents multiplied by the product of the following: | 74146 |
| (1) The number of beds certified under Title XIX of the | 74147 |
| "Social Security Act" on the first day of May of the calendar year | 74148 |
| in which the assessment is determined pursuant to division (A) of | 74149 |
| section 5112.33 of the Revised Code; | 74150 |
| (2) The number of days in the fiscal year beginning on the | 74151 |
| first day of July of the same calendar year. | 74152 |
| (B) Beginning July 1, | 74153 |
| July thereafter, adjust fees determined under division (A) of | 74154 |
| this section in accordance with the composite inflation factor | 74155 |
| established in rules adopted under section 5112.39 of the Revised | 74156 |
| Code. | 74157 |
| (C) If the United States secretary of health and human | 74158 |
| services determines that the franchise permit fee established by | 74159 |
| sections 5112.30 to 5112.39 of the Revised Code would be an | 74160 |
| impermissible health care-related tax under section 1903(w) of the | 74161 |
| "Social Security Act," 42 U.S.C.A. 1396b(w), as amended, take all | 74162 |
| necessary actions to cease implementation of those sections in | 74163 |
| accordance with rules adopted under section 5112.39 of the Revised | 74164 |
| Code. | 74165 |
| Sec. 5112.37. There is hereby created in the state treasury | 74166 |
| the home and community-based services for the mentally retarded | 74167 |
|
and developmentally disabled fund. | 74168 |
| 74169 | |
| payments and penalties paid by an intermediate care facility | 74170 |
| for the mentally retarded under sections 5112.33 and 5112.34 of | 74171 |
| the Revised Code for state fiscal year 2010 shall be deposited | 74172 |
| into the fund. Seventy and sixty-seven hundredths per cent of all | 74173 |
| installment payments and penalties paid by an intermediate care | 74174 |
| facility for the mentally retarded under sections 5112.33 and | 74175 |
| 5112.34 of the Revised Code for state fiscal year 2011 and | 74176 |
| thereafter shall be deposited into the fund. The department of | 74177 |
| job and family services shall distribute the money in the fund | 74178 |
| in accordance with rules adopted under section 5112.39 of the | 74179 |
| Revised Code. The departments of job and family services and | 74180 |
| mental retardation and developmental disabilities shall use the | 74181 |
| money for the medicaid program established under Chapter 5111. | 74182 |
| of the Revised Code and home and community-based services to | 74183 |
| mentally retarded and developmentally disabled persons. | 74184 |
| Sec. 5112.371. There is hereby created in the state treasury | 74185 |
|
the children with intensive behavioral needs programs fund. | 74186 |
| Three
and | 74187 |
| installment payments and penalties paid by an intermediate care | 74188 |
| facility for the mentally retarded under sections 5112.33 and | 74189 |
| 5112.34 of the Revised Code for state fiscal year 2010 shall be | 74190 |
| deposited in the fund. Three and fifty-seven hundredths per cent | 74191 |
| of all installment payments and penalties paid by an intermediate | 74192 |
| care facility for the mentally retarded under sections 5112.33 and | 74193 |
| 5112.34 of the Revised Code for state fiscal year 2011 and | 74194 |
| thereafter shall be deposited into the fund. The money in the | 74195 |
| fund shall be used for the programs the director of mental | 74196 |
| retardation and developmental disabilities establishes under | 74197 |
| section 5123.0417 of the Revised Code. | 74198 |
| Sec. 5112.372. There is hereby created in the state treasury | 74199 |
| the ODMR/DD operating and services fund. Twenty-one and | 74200 |
| thirty-three hundredths per cent of all installment payments and | 74201 |
| penalties paid by an intermediate care facility for the mentally | 74202 |
| retarded under sections 5112.33 and 5112.34 of the Revised Code | 74203 |
| for state fiscal year 2010 shall be deposited into the fund. | 74204 |
| Twenty-five and seventy-six hundredths per cent of all installment | 74205 |
| payments and penalties paid by an intermediate care facility for | 74206 |
| the mentally retarded under sections 5112.33 and 5112.34 of the | 74207 |
| Revised Code for state fiscal year 2011 and thereafter shall be | 74208 |
| deposited into the fund. The money in the fund shall be used for | 74209 |
| the expenses of the programs that the department of mental | 74210 |
| retardation and developmental disabilities administers and the | 74211 |
| department's administrative expenses. | 74212 |
| Sec. 5112.40. As used in sections 5112.40 to 5112.48 of the | 74213 |
| Revised Code: | 74214 |
| (A) "Assessment program year" means the twelve-month period | 74215 |
| beginning the first day of October of a calendar year and ending | 74216 |
| the last day of September of the following calendar year. | 74217 |
| (B) "Cost reporting period" means the period of time used by | 74218 |
| a hospital in reporting costs for purposes of the medicare | 74219 |
| program. | 74220 |
| (C) "Federal fiscal year" means the twelve-month period | 74221 |
| beginning the first day of October of a calendar year and ending | 74222 |
| the last day of September of the following calendar year. | 74223 |
| (D) "Hospital" means a nonfederal hospital to which any of | 74224 |
| the following applies: | 74225 |
| (1) The hospital is registered under section 3701.07 of the | 74226 |
| Revised Code as a general medical and surgical hospital or a | 74227 |
| pediatric general hospital and provides inpatient hospital | 74228 |
| services, as defined in 42 C.F.R. 440.10. | 74229 |
| (2) The hospital is recognized under the medicare program as | 74230 |
| a cancer hospital and is exempt from the medicare prospective | 74231 |
| payment system. | 74232 |
| (3) The hospital is a psychiatric hospital licensed under | 74233 |
| section 5119.20 of the Revised Code. | 74234 |
| (E) "Hospital care assurance program" means the program | 74235 |
| established under sections 5112.01 to 5112.21 of the Revised Code. | 74236 |
| (F) "Medicaid" has the same meaning as in section 5111.01 of | 74237 |
| the Revised Code. | 74238 |
| (G) "Medicare" means the program established under Title | 74239 |
| XVIII of the Social Security Act. | 74240 |
| (H) "State fiscal year" means the twelve-month period | 74241 |
| beginning the first day of July of a calendar year and ending the | 74242 |
| last day of June of the following calendar year. | 74243 |
| (I)(1) Except as provided in divisions (I)(2) and (3) of this | 74244 |
| section, "total facility costs" means the total costs to a | 74245 |
| hospital for all care provided to all patients, including the | 74246 |
| direct, indirect, and overhead costs to the hospital of all | 74247 |
| services, supplies, equipment, and capital related to the care of | 74248 |
| patients, regardless of whether patients are enrolled in a health | 74249 |
| insuring corporation. | 74250 |
| (2) "Total facility costs" excludes all of the following of a | 74251 |
| hospital's costs as shown on the cost-reporting data used for | 74252 |
| purposes of determining the hospital's assessment under section | 74253 |
| 5112.41 of the Revised Code: | 74254 |
| (a) Skilled nursing services provided in distinct-part | 74255 |
| nursing facility units; | 74256 |
| (b) Home health services; | 74257 |
| (c) Hospice services; | 74258 |
| (d) Ambulance services; | 74259 |
| (e) Renting durable medical equipment; | 74260 |
| (f) Buying durable medical equipment. | 74261 |
| (3) "Total facility costs" excludes any costs excluded from a | 74262 |
| hospital's total facility costs pursuant to rules, if any, adopted | 74263 |
| under division (B) of section 5112.46 of the Revised Code. | 74264 |
| Sec. 5112.41. (A) For the purposes specified in section | 74265 |
| 5112.45 of the Revised Code and subject to section 5112.48 of the | 74266 |
| Revised Code, there is hereby imposed an assessment on all | 74267 |
| hospitals each assessment program year. The amount of a hospital's | 74268 |
| assessment for an assessment program year shall equal the | 74269 |
| percentage specified in division (B) of this section of the | 74270 |
| hospital's total facility costs for the period of time specified | 74271 |
| in division (C) of this section. The amount of a hospital's total | 74272 |
| facility costs shall be derived from cost-reporting data for the | 74273 |
| hospital submitted to the department of job and family services | 74274 |
| for purposes of the hospital care assurance program. The | 74275 |
| cost-reporting data used to determine a hospital's assessment is | 74276 |
| subject to the same type of adjustments made to the data under the | 74277 |
| hospital care assurance program. | 74278 |
| (B) The percentage specified in this division is the | 74279 |
| following: | 74280 |
| (1) For the first assessment program year beginning after the | 74281 |
| effective date of this section, one and fifty-two hundredths per | 74282 |
| cent; | 74283 |
| (2) For the second assessment program year after the | 74284 |
| effective date of this section and each successive assessment | 74285 |
| program year, one and sixty-one hundredths per cent. | 74286 |
| (C) The period of time specified in this division is the | 74287 |
| hospital's cost reporting period that ends in the state fiscal | 74288 |
| year that ends in the federal fiscal year that precedes the | 74289 |
| federal fiscal year that precedes the assessment program year for | 74290 |
| which the assessment is imposed. | 74291 |
| (D) The assessment imposed by this section on a hospital is | 74292 |
| in addition to the assessment imposed by section 5112.06 of the | 74293 |
| Revised Code. | 74294 |
| Sec. 5112.42. (A) Before or during each assessment program | 74295 |
| year, the department of job and family services shall mail to each | 74296 |
| hospital by certified mail, return receipt requested, the | 74297 |
| preliminary determination of the amount that the hospital is | 74298 |
| assessed under section 5112.41 of the Revised Code for the | 74299 |
| assessment program year. Except as provided in division (B) of | 74300 |
| this section, the preliminary determination becomes the final | 74301 |
| determination for the assessment program year fifteen days after | 74302 |
| the preliminary determination is mailed to the hospital. | 74303 |
| (B) A hospital may request that the department reconsider the | 74304 |
| preliminary determination mailed to the hospital under division | 74305 |
| (A) of this section by submitting to the department a written | 74306 |
| request for a reconsideration not later than fourteen days after | 74307 |
| the hospital's preliminary determination is mailed to the | 74308 |
| hospital. The request must be accompanied by written materials | 74309 |
| setting forth the basis for the reconsideration. On receipt of the | 74310 |
| timely request, the department shall reconsider the preliminary | 74311 |
| determination and may adjust the preliminary determination on the | 74312 |
| basis of the written materials accompanying the request. The | 74313 |
| result of the reconsideration is the final determination of the | 74314 |
| hospital's assessment under section 5112.41 of the Revised Code | 74315 |
| for the assessment program year. | 74316 |
| (C) The department shall mail to each hospital a written | 74317 |
| notice of the final determination of its assessment for the | 74318 |
| assessment program year. A hospital may appeal the final | 74319 |
| determination to the court of common pleas of Franklin county. | 74320 |
| While a judicial appeal is pending, the hospital shall pay, in | 74321 |
| accordance with section 5112.43 of the Revised Code, any amount of | 74322 |
| its assessment that is not in dispute. | 74323 |
| Sec. 5112.43. Each hospital shall pay the amount it is | 74324 |
| assessed under section 5112.41 of the Revised Code in three equal | 74325 |
| installments due on the fifteenth day of December, the fifteenth | 74326 |
| day of March, and the fifteenth day of June of each assessment | 74327 |
| program year unless rules adopted under section 5112.46 of the | 74328 |
| Revised Code establish a different payment schedule. | 74329 |
| Sec. 5112.44. The department of job and family services may | 74330 |
| audit a hospital to ensure that the hospital properly pays the | 74331 |
| amount it is assessed under section 5112.41 of the Revised Code. | 74332 |
| The department shall take action to recover from a hospital any | 74333 |
| amount the audit reveals that the hospital should have paid but | 74334 |
| did not pay. | 74335 |
| Sec. 5112.45. There is hereby created in the state treasury | 74336 |
| the hospital assessment fund. All installment payments made by | 74337 |
| hospitals under section 5112.43 of the Revised Code and all | 74338 |
| recoveries the department of job and family services makes under | 74339 |
| section 5112.44 of the Revised Code shall be deposited into the | 74340 |
| fund. All investment earnings of the fund shall be credited to the | 74341 |
| fund. The department shall use money in the fund to pay for the | 74342 |
| costs of the medicaid program, including the program's | 74343 |
| administrative costs. Of the amounts deposited into the fund | 74344 |
| during the first assessment program year beginning after the | 74345 |
| effective date of this section, sixteen and forty-five hundredths | 74346 |
| per cent shall be used for the hospital inpatient and outpatient | 74347 |
| supplemental upper payment limit program created under section | 74348 |
| 5112.451 of the Revised Code. Of the amounts deposited into the | 74349 |
| fund during the second assessment program year beginning after the | 74350 |
| effective date of this section and each successive assessment | 74351 |
| program year, fourteen and ninety-one hundredths per cent shall be | 74352 |
| used for the hospital inpatient and outpatient supplemental upper | 74353 |
| payment limit program. | 74354 |
| Sec. 5112.451. The director of job and family services shall | 74355 |
| submit a medicaid state plan amendment to the United States | 74356 |
| secretary of health and human services to create the hospital | 74357 |
| inpatient and outpatient supplemental upper payment limit program. | 74358 |
| If the United States secretary approves the medicaid state plan | 74359 |
| amendment, the program shall make supplemental medicaid payments | 74360 |
| to hospitals for inpatient services and outpatient services | 74361 |
| covered by medicaid with funds made available for the program | 74362 |
| under section 5112.45 of the Revised Code and federal matching | 74363 |
| funds available for the program. | 74364 |
| Sec. 5112.46. (A) The director of job and family services | 74365 |
| may adopt, amend, and rescind rules in accordance with Chapter | 74366 |
| 119. of the Revised Code as necessary to implement sections | 74367 |
| 5112.40 to 5112.48 of the Revised Code. | 74368 |
| (B) The rules adopted under this section may provide that a | 74369 |
| hospital's total facility costs for the purpose of the assessment | 74370 |
| under section 5112.41 of the Revised Code exclude any of the | 74371 |
| following: | 74372 |
| (1) A hospital's costs associated with providing care to | 74373 |
| recipients of any of the following: | 74374 |
| (a) The medicaid program; | 74375 |
| (b) The medicare program; | 74376 |
| (c) The disability financial assistance program established | 74377 |
| under Chapter 5115. of the Revised Code; | 74378 |
| (d) The disability medical assistance program established | 74379 |
| under Chapter 5115. of the Revised Code; | 74380 |
| (e) The program for medically handicapped children | 74381 |
| established under section 3701.023 of the Revised Code; | 74382 |
| (f) Services provided under the maternal and child health | 74383 |
| services block grant established under Title V of the Social | 74384 |
| Security Act. | 74385 |
| (2) Any other category of hospital costs the director deems | 74386 |
| appropriate under federal law and regulations governing the | 74387 |
| medicaid program. | 74388 |
| Sec. 5112.47. The director of job and family services shall | 74389 |
| implement the assessment imposed by section 5112.41 of the Revised | 74390 |
| Code in a manner that does not cause a reduction in federal | 74391 |
| financial participation for the medicaid program under 42 U.S.C. | 74392 |
| 1396b(w). | 74393 |
| Sec. 5112.48. If the United States secretary of health and | 74394 |
| human services determines that the assessment imposed by section | 74395 |
| 5112.41 of the Revised Code is an impermissible health | 74396 |
| care-related tax under 42 U.S.C. 1396b(w), the director of job and | 74397 |
| family services shall take all necessary actions to cease | 74398 |
| implementation of sections 5112.40 to 5112.47 of the Revised Code | 74399 |
| and shall promptly refund to each hospital the amount of money in | 74400 |
| the hospital assessment fund at the time the refund is to be made | 74401 |
| that the hospital paid under section 5112.43 of the Revised Code, | 74402 |
| plus any corresponding investment earnings on that amount. | 74403 |
| Sec. 5119.16. As used in this section, "free clinic" has the | 74404 |
| same meaning as in section 2305.2341 of the Revised Code. | 74405 |
| (A) The department of mental health | 74406 |
| may provide certain goods and services for the department of | 74407 |
| mental health, the department of mental retardation and | 74408 |
| developmental disabilities, the department of rehabilitation and | 74409 |
| correction, the department of youth services, and other state, | 74410 |
| county, or municipal agencies requesting such goods and services | 74411 |
| when the department of mental health determines that it is in the | 74412 |
| public interest, and considers it advisable, to provide these | 74413 |
| goods and services. The department of mental health also may | 74414 |
| provide goods and services to agencies operated by the United | 74415 |
| States government and to public or private nonprofit agencies, | 74416 |
| other than free clinics, that are funded in whole or in part by | 74417 |
| the state if the public or private nonprofit agencies are | 74418 |
| designated for participation in this program by the director of | 74419 |
| mental health for community mental health agencies, the director | 74420 |
| of mental retardation and developmental disabilities for community | 74421 |
| mental retardation and developmental disabilities agencies, the | 74422 |
| director of rehabilitation and correction for community | 74423 |
| rehabilitation and correction agencies, or the director of youth | 74424 |
| services for community youth services agencies. | 74425 |
| Designated community agencies shall receive goods and | 74426 |
| services through the department of mental health only in those | 74427 |
| cases where the designating state agency certifies that providing | 74428 |
| such goods and services to the agency will conserve public | 74429 |
| resources to the benefit of the public and where the provision of | 74430 |
| such goods and services is considered feasible by the department | 74431 |
| of mental health. | 74432 |
| (B) The department of mental health may permit free clinics | 74433 |
| to purchase certain goods and services to the extent the purchases | 74434 |
| fall within the exemption to the Robinson-Patman Act, 15 U.S.C. 13 | 74435 |
|
et seq., applicable to | 74436 |
| U.S.C. 13c, as amended. | 74437 |
| (C) The goods and services | 74438 |
| department of mental health under divisions (A) and (B) of this | 74439 |
| section may include: | 74440 |
| (1) Procurement, storage, processing, and distribution of | 74441 |
| food and professional consultation on food operations; | 74442 |
| (2) Procurement, storage, and distribution of medical and | 74443 |
| laboratory supplies, dental supplies, medical records, forms, | 74444 |
| optical supplies, and sundries, subject to section 5120.135 of the | 74445 |
| Revised Code; | 74446 |
| (3) Procurement, storage, repackaging, distribution, and | 74447 |
| dispensing of drugs, the provision of professional pharmacy | 74448 |
| consultation, and drug information services; | 74449 |
| (4) Other goods and services | 74450 |
| (D) The department of mental health | 74451 |
| goods and services designated in division (C) of this section to | 74452 |
| its institutions and to state-operated community-based mental | 74453 |
| health services. | 74454 |
| (E) After consultation with and advice from the director of | 74455 |
| mental retardation and developmental disabilities, the director of | 74456 |
| rehabilitation and correction, and the director of youth services, | 74457 |
|
the department of mental health | 74458 |
| services designated in division (C) of this section to the | 74459 |
| department of mental retardation and developmental disabilities, | 74460 |
| the department of rehabilitation and correction, and the | 74461 |
| department of youth services. | 74462 |
| (F) The cost of administration of this section shall be | 74463 |
| determined by the department of mental health and paid by the | 74464 |
| agencies or free clinics receiving the goods and services to the | 74465 |
| department for deposit in the state treasury to the credit of the | 74466 |
| mental health fund, which is hereby created. The fund shall be | 74467 |
| used to pay the cost of administration of this section to the | 74468 |
| department. | 74469 |
| (G) | 74470 |
| 74471 | |
| 74472 | |
| 74473 | |
| 74474 | |
| 74475 | |
| 74476 | |
| 74477 | |
| 74478 | |
| 74479 | |
| 74480 | |
| 74481 | |
| 74482 | |
| 74483 | |
| 74484 | |
| 74485 | |
| 74486 | |
| 74487 | |
| 74488 | |
| 74489 | |
| 74490 | |
| 74491 | |
| 74492 | |
| 74493 | |
| 74494 | |
| 74495 |
| | 74496 |
| and services provided under this section within thirty-one days | 74497 |
| after the date the payment was due, the office of budget and | 74498 |
| management may transfer moneys from the state agency to the | 74499 |
| department of mental health. The amount transferred shall not | 74500 |
| exceed the amount of overdue payments. Prior to making a transfer | 74501 |
| under this division, the office of budget and management shall | 74502 |
| apply any credits the state agency has accumulated in payments for | 74503 |
| goods and services provided under this section. | 74504 |
| | 74505 |
| not subject to section 307.86 of the Revised Code. | 74506 |
| Sec. 5119.61. Any provision in this chapter that refers to a | 74507 |
| board of alcohol, drug addiction, and mental health services also | 74508 |
| refers to the community mental health board in an alcohol, drug | 74509 |
| addiction, and mental health service district that has a community | 74510 |
| mental health board. | 74511 |
| The director of mental health with respect to all facilities | 74512 |
| and programs established and operated under Chapter 340. of the | 74513 |
| Revised Code for mentally ill and emotionally disturbed persons, | 74514 |
| shall do all of the following: | 74515 |
| (A) Adopt rules pursuant to Chapter 119. of the Revised Code | 74516 |
| that may be necessary to carry out the purposes of Chapter 340. | 74517 |
| and sections 5119.61 to 5119.63 of the Revised Code. | 74518 |
| (1) The rules shall include all of the following: | 74519 |
| (a) Rules governing a community mental health agency's | 74520 |
| services under section 340.091 of the Revised Code to an | 74521 |
| individual referred to the agency under division (C)(2) of section | 74522 |
| 173.35 of the Revised Code; | 74523 |
| (b) For the purpose of division (A)(16) of section 340.03 of | 74524 |
| the Revised Code, rules governing the duties of mental health | 74525 |
| agencies and boards of alcohol, drug addiction, and mental health | 74526 |
| services under section 3722.18 of the Revised Code regarding | 74527 |
| referrals of individuals with mental illness or severe mental | 74528 |
| disability to adult care facilities and effective arrangements for | 74529 |
| ongoing mental health services for the individuals. The rules | 74530 |
| shall do at least the following: | 74531 |
| (i) Provide for agencies and boards to participate fully in | 74532 |
| the procedures owners and managers of adult care facilities must | 74533 |
|
follow under
division (A) | 74534 |
| Code; | 74535 |
| (ii) Specify the manner in which boards are accountable for | 74536 |
| ensuring that ongoing mental health services are effectively | 74537 |
| arranged for individuals with mental illness or severe mental | 74538 |
| disability who are referred by the board or mental health agency | 74539 |
| under contract with the board to an adult care facility. | 74540 |
| (c) Rules governing a board of alcohol, drug addiction, and | 74541 |
| mental health services when making a report to the director of | 74542 |
| health under section 3722.17 of the Revised Code regarding the | 74543 |
| quality of care and services provided by an adult care facility to | 74544 |
| a person with mental illness or a severe mental disability. | 74545 |
| (2) Rules may be adopted to govern the method of paying a | 74546 |
| community mental health facility, as defined in section 5111.023 | 74547 |
| of the Revised Code, for providing services listed in division (B) | 74548 |
| of that section. Such rules must be consistent with the contract | 74549 |
| entered into between the departments of job and family services | 74550 |
| and mental health under section 5111.91 of the Revised Code and | 74551 |
| include requirements ensuring appropriate service utilization. | 74552 |
| (B) Review and evaluate, and, taking into account the | 74553 |
| findings and recommendations of the board of alcohol, drug | 74554 |
| addiction, and mental health services of the district served by | 74555 |
| the program and the requirements and priorities of the state | 74556 |
| mental health plan, including the needs of residents of the | 74557 |
| district now residing in state mental institutions, approve and | 74558 |
| allocate funds to support community programs, and make | 74559 |
| recommendations for needed improvements to boards of alcohol, drug | 74560 |
| addiction, and mental health services; | 74561 |
| (C) Withhold state and federal funds for any program, in | 74562 |
| whole or in part, from a board of alcohol, drug addiction, and | 74563 |
| mental health services in the event of failure of that program to | 74564 |
| comply with Chapter 340. or section 5119.61, 5119.611, 5119.612, | 74565 |
| or 5119.62 of the Revised Code or rules of the department of | 74566 |
| mental health. The director shall identify the areas of | 74567 |
| noncompliance and the action necessary to achieve compliance. The | 74568 |
| director shall offer technical assistance to the board to achieve | 74569 |
| compliance. The director shall give the board a reasonable time | 74570 |
| within which to comply or to present its position that it is in | 74571 |
| compliance. Before withholding funds, a hearing shall be conducted | 74572 |
| to determine if there are continuing violations and that either | 74573 |
| assistance is rejected or the board is unable to achieve | 74574 |
| compliance. Subsequent to the hearing process, if it is determined | 74575 |
| that compliance has not been achieved, the director may allocate | 74576 |
| all or part of the withheld funds to a public or private agency to | 74577 |
| provide the services not in compliance until the time that there | 74578 |
| is compliance. The director shall establish rules pursuant to | 74579 |
| Chapter 119. of the Revised Code to implement this division. | 74580 |
| (D) Withhold state or federal funds from a board of alcohol, | 74581 |
| drug addiction, and mental health services that denies available | 74582 |
| service on the basis of religion, race, color, creed, sex, | 74583 |
| national origin, age, disability as defined in section 4112.01 of | 74584 |
| the Revised Code, developmental disability, or the inability to | 74585 |
| pay; | 74586 |
| (E) Provide consultative services to community mental health | 74587 |
| agencies with the knowledge and cooperation of the board of | 74588 |
| alcohol, drug addiction, and mental health services; | 74589 |
| (F) Provide to boards of alcohol, drug addiction, and mental | 74590 |
| health services state or federal funds, in addition to those | 74591 |
| allocated under section 5119.62 of the Revised Code, for special | 74592 |
| programs or projects the director considers necessary but for | 74593 |
| which local funds are not available; | 74594 |
| (G) Establish criteria by which a board of alcohol, drug | 74595 |
| addiction, and mental health services reviews and evaluates the | 74596 |
| quality, effectiveness, and efficiency of services provided | 74597 |
| through its community mental health plan. The criteria shall | 74598 |
| include requirements ensuring appropriate service utilization. The | 74599 |
| department shall assess a board's evaluation of services and the | 74600 |
| compliance of each board with this section, Chapter 340. or | 74601 |
| section 5119.62 of the Revised Code, and other state or federal | 74602 |
| law and regulations. The department, in cooperation with the | 74603 |
| board, periodically shall review and evaluate the quality, | 74604 |
| effectiveness, and efficiency of services provided through each | 74605 |
| board. The department shall collect information that is necessary | 74606 |
| to perform these functions. | 74607 |
| (H) Develop and operate a community mental health information | 74608 |
| system or systems. | 74609 |
| Boards of alcohol, drug abuse, and mental health services | 74610 |
| shall submit information requested by the department in the form | 74611 |
| and manner prescribed by the department. Information collected by | 74612 |
| the department shall include, but not be limited to, all of the | 74613 |
| following: | 74614 |
| (1) Information regarding units of services provided in whole | 74615 |
| or in part under contract with a board, including diagnosis and | 74616 |
| special needs, demographic information, the number of units of | 74617 |
| service provided, past treatment, financial status, and service | 74618 |
| dates in accordance with rules adopted by the department in | 74619 |
| accordance with Chapter 119. of the Revised Code; | 74620 |
| (2) Financial information other than price or price-related | 74621 |
| data regarding expenditures of boards and community mental health | 74622 |
| agencies, including units of service provided, budgeted and actual | 74623 |
| expenses by type, and sources of funds. | 74624 |
| Boards shall submit the information specified in division | 74625 |
| (H)(1) of this section no less frequently than annually for each | 74626 |
| client, and each time the client's case is opened or closed. The | 74627 |
|
department shall not collect any personal information | 74628 |
| 74629 | |
| 74630 | |
| 74631 | |
|
or federal law | 74632 |
| 74633 | |
| 74634 | |
| 74635 | |
| health care operations, program and service evaluation, reporting | 74636 |
| activities, research, system administration, and oversight. | 74637 |
| (I) Review each board's community mental health plan | 74638 |
| submitted pursuant to section 340.03 of the Revised Code and | 74639 |
| approve or disapprove it in whole or in part. Periodically, in | 74640 |
| consultation with representatives of boards and after considering | 74641 |
| the recommendations of the medical director, the director shall | 74642 |
| issue criteria for determining when a plan is complete, criteria | 74643 |
| for plan approval or disapproval, and provisions for conditional | 74644 |
| approval. The factors that the director considers may include, but | 74645 |
| are not limited to, the following: | 74646 |
| (1) The mental health needs of all persons residing within | 74647 |
| the board's service district, especially severely mentally | 74648 |
| disabled children, adolescents, and adults; | 74649 |
| (2) The demonstrated quality, effectiveness, efficiency, and | 74650 |
| cultural relevance of the services provided in each service | 74651 |
| district, the extent to which any services are duplicative of | 74652 |
| other available services, and whether the services meet the needs | 74653 |
| identified above; | 74654 |
| (3) The adequacy of the board's accounting for the | 74655 |
| expenditure of funds. | 74656 |
| If the director disapproves all or part of any plan, the | 74657 |
| director shall provide the board an opportunity to present its | 74658 |
| position. The director shall inform the board of the reasons for | 74659 |
| the disapproval and of the criteria that must be met before the | 74660 |
| plan may be approved. The director shall give the board a | 74661 |
| reasonable time within which to meet the criteria, and shall offer | 74662 |
| technical assistance to the board to help it meet the criteria. | 74663 |
| If the approval of a plan remains in dispute thirty days | 74664 |
| prior to the conclusion of the fiscal year in which the board's | 74665 |
| current plan is scheduled to expire, the board or the director may | 74666 |
| request that the dispute be submitted to a mutually agreed upon | 74667 |
| third-party mediator with the cost to be shared by the board and | 74668 |
| the department. The mediator shall issue to the board and the | 74669 |
| department recommendations for resolution of the dispute. Prior to | 74670 |
| the conclusion of the fiscal year in which the current plan is | 74671 |
| scheduled to expire, the director, taking into consideration the | 74672 |
| recommendations of the mediator, shall make a final determination | 74673 |
| and approve or disapprove the plan, in whole or in part. | 74674 |
| Sec. 5119.613. For purposes of Chapter 3722. of the Revised | 74675 |
| Code, the director of mental health shall approve a standardized | 74676 |
| form to be used in all areas of this state by adult care | 74677 |
| facilities and boards of alcohol, drug addiction, and mental | 74678 |
| health services when entering into mental health resident program | 74679 |
| participation agreements. As part of approving the form, the | 74680 |
| director shall specify the requirements that adult care facilities | 74681 |
| must meet in order to be authorized to admit residents who are | 74682 |
| receiving or are eligible for publicly funded mental health | 74683 |
| services. | 74684 |
| Sec. 5120.09. Under the supervision and control of the | 74685 |
| director of rehabilitation and correction, the division of | 74686 |
| business administration shall do all of the following: | 74687 |
| (A) Submit the budgets for the several divisions of the | 74688 |
| department of rehabilitation and correction, as prepared by the | 74689 |
| respective chiefs of those divisions, to the director. The | 74690 |
| director, with the assistance of the chief of the division of | 74691 |
| business administration, shall compile a departmental budget that | 74692 |
| contains all proposals submitted by the chiefs of the divisions | 74693 |
| and shall forward the departmental budget to the governor with | 74694 |
| comments and recommendations that the director considers | 74695 |
| necessary. | 74696 |
| (B) Maintain accounts and records and compile statistics that | 74697 |
| the director prescribes; | 74698 |
| (C) Under the control of the director, coordinate and make | 74699 |
| the necessary purchases and requisitions for the department and | 74700 |
|
its divisions, except | 74701 |
| are provided to the department as described in section 5119.16 of | 74702 |
| the Revised Code; | 74703 |
| (D) Administer within this state federal criminal justice | 74704 |
| acts that the governor requires the department to administer. In | 74705 |
| order to improve the criminal justice system of this state, the | 74706 |
| division of business administration shall apply for, allocate, | 74707 |
| disburse, and account for grants that are made available pursuant | 74708 |
| to those federal criminal justice acts and grants that are made | 74709 |
| available from other federal government sources, state government | 74710 |
| sources, or private sources. As used in this division, "criminal | 74711 |
| justice system" and "federal criminal justice acts" have the same | 74712 |
| meanings as in section 5502.61 of the Revised Code. | 74713 |
| (E) Audit the activities of governmental entities, persons as | 74714 |
| defined in section 1.59 of the Revised Code, and other types of | 74715 |
| nongovernmental entities that are financed in whole or in part by | 74716 |
| funds that the department allocates or disburses and that are | 74717 |
| derived from grants described in division (D) of this section; | 74718 |
| (F) Enter into contracts, including contracts with federal, | 74719 |
| state, or local governmental entities, persons as defined in | 74720 |
| section 1.59 of the Revised Code, foundations, and other types of | 74721 |
| nongovernmental entities, that are necessary for the department to | 74722 |
| carry out its duties and that neither the director nor another | 74723 |
| section of the Revised Code authorizes another division of the | 74724 |
| department to enter; | 74725 |
| (G) Exercise other powers and perform other duties that the | 74726 |
| director may assign to the division of business administration. | 74727 |
| Sec. 5122.31. (A) All certificates, applications, records, | 74728 |
| and reports made for the purpose of this chapter and sections | 74729 |
| 2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised | 74730 |
| Code, other than court journal entries or court docket entries, | 74731 |
| and directly or indirectly identifying a patient or former patient | 74732 |
| or person whose hospitalization has been sought under this | 74733 |
| chapter, shall be kept confidential and shall not be disclosed by | 74734 |
| any person except: | 74735 |
| (1) If the person identified, or the person's legal guardian, | 74736 |
| if any, or if the person is a minor, the person's parent or legal | 74737 |
| guardian, consents, and if the disclosure is in the best interests | 74738 |
| of the person, as may be determined by the court for judicial | 74739 |
| records and by the chief clinical officer for medical records; | 74740 |
| (2) When disclosure is provided for in this chapter or | 74741 |
| section 5123.60 of the Revised Code; | 74742 |
| (3) That hospitals, boards of alcohol, drug addiction, and | 74743 |
| mental health services, and community mental health agencies may | 74744 |
| release necessary medical information to insurers and other | 74745 |
| third-party payers, including government entities responsible for | 74746 |
| processing and authorizing payment, to obtain payment for goods | 74747 |
| and services furnished to the patient; | 74748 |
| (4) Pursuant to a court order signed by a judge; | 74749 |
| (5) That a patient shall be granted access to the patient's | 74750 |
| own psychiatric and medical records, unless access specifically is | 74751 |
| restricted in a patient's treatment plan for clear treatment | 74752 |
| reasons; | 74753 |
| (6) That hospitals and other institutions and facilities | 74754 |
| within the department of mental health may exchange psychiatric | 74755 |
| records and other pertinent information with other hospitals, | 74756 |
| institutions, and facilities of the department, and with community | 74757 |
| mental health agencies and boards of alcohol, drug addiction, and | 74758 |
| mental health services with which the department has a current | 74759 |
| agreement for patient care or services. Records and information | 74760 |
| that may be released pursuant to this division shall be limited to | 74761 |
| medication history, physical health status and history, financial | 74762 |
| status, summary of course of treatment in the hospital, summary of | 74763 |
| treatment needs, and a discharge summary, if any. | 74764 |
| (7) That hospitals within the department, other institutions | 74765 |
| and facilities within the department, and community mental health | 74766 |
| agencies may exchange psychiatric records and other pertinent | 74767 |
| information with other providers of treatment and health services | 74768 |
| if the purpose of the exchange is to facilitate continuity of care | 74769 |
| for a patient; | 74770 |
| (8) That a patient's family member who is involved in the | 74771 |
| provision, planning, and monitoring of services to the patient may | 74772 |
| receive medication information, a summary of the patient's | 74773 |
| diagnosis and prognosis, and a list of the services and personnel | 74774 |
| available to assist the patient and the patient's family, if the | 74775 |
| patient's treating physician determines that the disclosure would | 74776 |
| be in the best interests of the patient. No such disclosure shall | 74777 |
| be made unless the patient is notified first and receives the | 74778 |
| information and does not object to the disclosure. | 74779 |
| | 74780 |
| psychiatric records and certain other information with the board | 74781 |
| of alcohol, drug addiction, and mental health services and other | 74782 |
| agencies in order to provide services to a person involuntarily | 74783 |
| committed to a board. Release of records under this division shall | 74784 |
| be limited to medication history, physical health status and | 74785 |
| history, financial status, summary of course of treatment, summary | 74786 |
| of treatment needs, and discharge summary, if any. | 74787 |
| | 74788 |
| the administrator of an estate of a deceased patient when the | 74789 |
| information is necessary to administer the estate; | 74790 |
| | 74791 |
| historical society may be released to the closest living relative | 74792 |
| of a deceased patient upon request of that relative; | 74793 |
| | 74794 |
| of the appropriate board or to staff members designated by the | 74795 |
| director of mental health for the purpose of evaluating the | 74796 |
| quality, effectiveness, and efficiency of services and determining | 74797 |
| if the services meet minimum standards. Information obtained | 74798 |
| during such evaluations shall not be retained with the name of any | 74799 |
| patient. | 74800 |
| | 74801 |
| course of treatment, treatment needs, and prognosis shall be | 74802 |
| disclosed and released to the appropriate prosecuting attorney if | 74803 |
| the patient was committed pursuant to section 2945.38, 2945.39, | 74804 |
| 2945.40, 2945.401, or 2945.402 of the Revised Code, or to the | 74805 |
| attorney designated by the board for proceedings pursuant to | 74806 |
| involuntary commitment under this chapter. | 74807 |
| | 74808 |
| psychiatric hospitalization records, other mental health treatment | 74809 |
| records, and other pertinent information with the department of | 74810 |
| rehabilitation and correction to ensure continuity of care for | 74811 |
| inmates who are receiving mental health services in an institution | 74812 |
| of the department of rehabilitation and correction. The department | 74813 |
| shall not disclose those records unless the inmate is notified, | 74814 |
| receives the information, and does not object to the disclosure. | 74815 |
| The release of records under this division is limited to records | 74816 |
| regarding an inmate's medication history, physical health status | 74817 |
| and history, summary of course of treatment, summary of treatment | 74818 |
| needs, and a discharge summary, if any. | 74819 |
| | 74820 |
| to operate may transfer to either a community mental health agency | 74821 |
| that assumes its caseload or to the board of alcohol, drug | 74822 |
| addiction, and mental health services of the service district in | 74823 |
| which the patient resided at the time services were most recently | 74824 |
| provided any treatment records that have not been transferred | 74825 |
| elsewhere at the patient's request. | 74826 |
| (B) Before records are disclosed pursuant to divisions | 74827 |
|
(A)(3),
(6), (7), and | 74828 |
| records shall attempt to obtain the patient's consent for the | 74829 |
| disclosure. No person shall reveal the contents of a medical | 74830 |
| record of a patient except as authorized by law. | 74831 |
| (C) The managing officer of a hospital who releases necessary | 74832 |
| medical information under division (A)(3) of this section to allow | 74833 |
| an insurance carrier or other third party payor to comply with | 74834 |
| section 5121.43 of the Revised Code shall neither be subject to | 74835 |
| criminal nor civil liability. | 74836 |
| Sec. 5123.049. The director of mental retardation and | 74837 |
| developmental disabilities shall adopt rules in accordance with | 74838 |
| Chapter 119. of the Revised Code governing the authorization and | 74839 |
| payment of home and community-based services and medicaid case | 74840 |
| management services. The rules shall provide for private providers | 74841 |
| of the services to receive one hundred per cent of the medicaid | 74842 |
| allowable payment amount and for government providers of the | 74843 |
| services to receive the federal share of the medicaid allowable | 74844 |
| payment, less the amount withheld as a fee under section 5123.0412 | 74845 |
|
of the Revised Code | 74846 |
| 74847 | |
| 74848 | |
| establish the process by which county boards of mental retardation | 74849 |
| and developmental disabilities shall certify and provide the | 74850 |
| nonfederal share of medicaid expenditures that the county board is | 74851 |
| required by sections 5126.059 and 5126.0510 of the Revised Code | 74852 |
| to pay. The process shall require a county board to certify that | 74853 |
| the county board has funding available at one time for two months | 74854 |
| costs for those expenditures. The process may permit a county | 74855 |
| board to certify that the county board has funding available at | 74856 |
| one time for more than two months costs for those expenditures. | 74857 |
| Sec. 5123.0412. (A) The department of mental retardation and | 74858 |
| developmental disabilities shall charge each county board of | 74859 |
| mental retardation and developmental disabilities an annual fee | 74860 |
| equal to one and one-half per cent of the total value of all | 74861 |
| medicaid paid claims for home and community-based services | 74862 |
| provided during the year to an individual eligible for services | 74863 |
| from the county board. No county board shall pass the cost of a | 74864 |
| fee charged to the county board under this section on to another | 74865 |
| provider of these services. | 74866 |
| (B) The fees collected under this section shall be deposited | 74867 |
| into the ODMR/DD administration and oversight fund and the ODJFS | 74868 |
| administration and oversight fund, both of which are hereby | 74869 |
| created in the state treasury. The portion of the fees to be | 74870 |
| deposited into the ODMR/DD administration and oversight fund and | 74871 |
| the portion of the fees to be deposited into the ODJFS | 74872 |
| administration and oversight fund shall be the portion specified | 74873 |
| in an interagency agreement entered into under division (C) of | 74874 |
| this section. The department of mental retardation and | 74875 |
| developmental disabilities shall use the money in the ODMR/DD | 74876 |
| administration and oversight fund and the department of job and | 74877 |
| family services shall use the money in the ODJFS administration | 74878 |
| and oversight fund for both of the following purposes: | 74879 |
| (1) | 74880 |
| administrative and oversight costs of medicaid case management | 74881 |
| services and home and community-based services. The | 74882 |
| administrative and oversight costs of medicaid case management | 74883 |
| services and home and community-based services shall include costs | 74884 |
| for staff, systems, and other resources the departments need and | 74885 |
| dedicate solely to the following duties associated with the | 74886 |
| services: | 74887 |
| (a) Eligibility determinations; | 74888 |
| (b) Training; | 74889 |
| (c) Fiscal management; | 74890 |
| (d) Claims processing; | 74891 |
| (e) Quality assurance oversight; | 74892 |
| (f) Other duties the departments identify. | 74893 |
| (2) Providing technical support to county boards' local | 74894 |
| administrative authority under section 5126.055 of the Revised | 74895 |
| Code for the services. | 74896 |
| (C) The departments of mental retardation and developmental | 74897 |
| disabilities and job and family services shall enter into an | 74898 |
| interagency agreement to do both of the following: | 74899 |
| (1) Specify which portion of the fees collected under this | 74900 |
| section is to be deposited into the ODMR/DD administration and | 74901 |
| oversight fund and which portion is to be deposited into the ODJFS | 74902 |
| administration and oversight fund; | 74903 |
| (2) Provide for the departments to coordinate the staff whose | 74904 |
| costs are paid for with money in the ODMR/DD administration and | 74905 |
| oversight fund and the ODJFS administration and oversight fund. | 74906 |
| (D) The departments shall submit an annual report to the | 74907 |
| director of budget and management certifying how the departments | 74908 |
| spent the money in the ODMR/DD administration and oversight fund | 74909 |
| and the ODJFS administration and oversight fund for the purposes | 74910 |
| specified in division (B) of this section. | 74911 |
| Sec. 5123.0413. | 74912 |
| developmental disabilities, in consultation with the department of | 74913 |
| job and family services, office of budget and management, and | 74914 |
| county boards of mental retardation and developmental | 74915 |
| disabilities, shall adopt rules in accordance with Chapter 119. of | 74916 |
|
the Revised Code | 74917 |
| 74918 | |
| 74919 | |
| 74920 | |
| 74921 | |
| property tax levy for services for individuals with mental | 74922 |
|
retardation or other developmental
disability fails | 74923 |
| 74924 |
| | 74925 |
| 74926 |
| | 74927 |
| 74928 |
| | 74929 |
| 74930 | |
| 74931 | |
| 74932 | |
| 74933 |
| (A) A method of paying for home and community-based services; | 74934 |
| (B) A method of reducing the number of individuals a county | 74935 |
| board would otherwise be required by section 5126.0512 of the | 74936 |
| Revised Code to ensure are enrolled in a medicaid waiver component | 74937 |
| under which home and community-based services are provided. | 74938 |
| Sec. 5123.19. (A) As used in this section and in sections | 74939 |
| 5123.191, 5123.193, 5123.194, 5123.196, 5123.198, and 5123.20 of | 74940 |
| the Revised Code: | 74941 |
| (1)(a) "Residential facility" means a home or facility in | 74942 |
| which a mentally retarded or developmentally disabled person | 74943 |
| resides, except the home of a relative or legal guardian in which | 74944 |
| a mentally retarded or developmentally disabled person resides, a | 74945 |
| respite care home certified under section 5126.05 of the Revised | 74946 |
| Code, a county home or district home operated pursuant to Chapter | 74947 |
| 5155. of the Revised Code, or a dwelling in which the only | 74948 |
| mentally retarded or developmentally disabled residents are in an | 74949 |
| independent living arrangement or are being provided supported | 74950 |
| living. | 74951 |
| (b) "Intermediate care facility for the mentally retarded" | 74952 |
| means a residential facility that is considered an intermediate | 74953 |
| care facility for the mentally retarded for the purposes of | 74954 |
| Chapter 5111. of the Revised Code. | 74955 |
| (2) "Political subdivision" means a municipal corporation, | 74956 |
| county, or township. | 74957 |
| (3) "Independent living arrangement" means an arrangement in | 74958 |
| which a mentally retarded or developmentally disabled person | 74959 |
| resides in an individualized setting chosen by the person or the | 74960 |
| person's guardian, which is not dedicated principally to the | 74961 |
| provision of residential services for mentally retarded or | 74962 |
| developmentally disabled persons, and for which no financial | 74963 |
| support is received for rendering such service from any | 74964 |
| governmental agency by a provider of residential services. | 74965 |
| (4) "Licensee" means the person or government agency that has | 74966 |
| applied for a license to operate a residential facility and to | 74967 |
| which the license was issued under this section. | 74968 |
| (5) "Related party" has the same meaning as in section | 74969 |
| 5123.16 of the Revised Code except that "provider" as used in the | 74970 |
| definition of "related party" means a person or government entity | 74971 |
| that held or applied for a license to operate a residential | 74972 |
| facility, rather than a person or government entity certified to | 74973 |
| provide supported living. | 74974 |
| (B) Every person or government agency desiring to operate a | 74975 |
| residential facility shall apply for licensure of the facility to | 74976 |
| the director of mental retardation and developmental disabilities | 74977 |
| unless the residential facility is subject to section 3721.02, | 74978 |
| 3722.04, 5103.03, or 5119.20 of the Revised Code. Notwithstanding | 74979 |
| Chapter 3721. of the Revised Code, a nursing home that is | 74980 |
| certified as an intermediate care facility for the mentally | 74981 |
| retarded under Title XIX of the "Social Security Act," 79 Stat. | 74982 |
| 286 (1965), 42 U.S.C.A. 1396, as amended, shall apply for | 74983 |
| licensure of the portion of the home that is certified as an | 74984 |
| intermediate care facility for the mentally retarded. | 74985 |
| (C) Subject to section 5123.196 of the Revised Code, the | 74986 |
| director of mental retardation and developmental disabilities | 74987 |
| shall license the operation of residential facilities. An initial | 74988 |
| license shall be issued for a period that does not exceed one | 74989 |
| year, unless the director denies the license under division (D) of | 74990 |
| this section. A license shall be renewed for a period that does | 74991 |
| not exceed three years, unless the director refuses to renew the | 74992 |
| license under division (D) of this section. The director, when | 74993 |
| issuing or renewing a license, shall specify the period for which | 74994 |
| the license is being issued or renewed. A license remains valid | 74995 |
| for the length of the licensing period specified by the director, | 74996 |
| unless the license is terminated, revoked, or voluntarily | 74997 |
| surrendered. | 74998 |
| (D) If it is determined that an applicant or licensee is not | 74999 |
| in compliance with a provision of this chapter that applies to | 75000 |
| residential facilities or the rules adopted under such a | 75001 |
| provision, the director may deny issuance of a license, refuse to | 75002 |
| renew a license, terminate a license, revoke a license, issue an | 75003 |
| order for the suspension of admissions to a facility, issue an | 75004 |
| order for the placement of a monitor at a facility, issue an order | 75005 |
| for the immediate removal of residents, or take any other action | 75006 |
| the director considers necessary consistent with the director's | 75007 |
| authority under this chapter regarding residential facilities. In | 75008 |
| the director's selection and administration of the sanction to be | 75009 |
| imposed, all of the following apply: | 75010 |
| (1) The director may deny, refuse to renew, or revoke a | 75011 |
| license, if the director determines that the applicant or licensee | 75012 |
| has demonstrated a pattern of serious noncompliance or that a | 75013 |
| violation creates a substantial risk to the health and safety of | 75014 |
| residents of a residential facility. | 75015 |
| (2) The director may terminate a license if more than twelve | 75016 |
| consecutive months have elapsed since the residential facility was | 75017 |
| last occupied by a resident or a notice required by division (K) | 75018 |
| of this section is not given. | 75019 |
| (3) The director may issue an order for the suspension of | 75020 |
| admissions to a facility for any violation that may result in | 75021 |
| sanctions under division (D)(1) of this section and for any other | 75022 |
| violation specified in rules adopted under division (H)(2) of | 75023 |
| this section. If the suspension of admissions is imposed for a | 75024 |
| violation that may result in sanctions under division (D)(1) of | 75025 |
| this section, the director may impose the suspension before | 75026 |
| providing an opportunity for an adjudication under Chapter 119. of | 75027 |
| the Revised Code. The director shall lift an order for the | 75028 |
| suspension of admissions when the director determines that the | 75029 |
| violation that formed the basis for the order has been corrected. | 75030 |
| (4) The director may order the placement of a monitor at a | 75031 |
| residential facility for any violation specified in rules adopted | 75032 |
| under division (H)(2) of this section. The director shall lift the | 75033 |
| order when the director determines that the violation that formed | 75034 |
| the basis for the order has been corrected. | 75035 |
| (5) If the director determines that two or more residential | 75036 |
| facilities owned or operated by the same person or government | 75037 |
| entity are not being operated in compliance with a provision of | 75038 |
| this chapter that applies to residential facilities or the rules | 75039 |
| adopted under such a provision, and the director's findings are | 75040 |
| based on the same or a substantially similar action, practice, | 75041 |
| circumstance, or incident that creates a substantial risk to the | 75042 |
| health and safety of the residents, the director shall conduct a | 75043 |
| survey as soon as practicable at each residential facility owned | 75044 |
| or operated by that person or government entity. The director may | 75045 |
| take any action authorized by this section with respect to any | 75046 |
| facility found to be operating in violation of a provision of this | 75047 |
| chapter that applies to residential facilities or the rules | 75048 |
| adopted under such a provision. | 75049 |
| (6) When the director initiates license revocation | 75050 |
| proceedings, no opportunity for submitting a plan of correction | 75051 |
| shall be given. The director shall notify the licensee by letter | 75052 |
| of the initiation of the proceedings. The letter shall list the | 75053 |
| deficiencies of the residential facility and inform the licensee | 75054 |
| that no plan of correction will be accepted. The director shall | 75055 |
| also send a copy of the letter to the county board of mental | 75056 |
| retardation and developmental disabilities. The county board shall | 75057 |
| send a copy of the letter to each of the following: | 75058 |
| (a) Each resident who receives services from the licensee; | 75059 |
| (b) The guardian of each resident who receives services from | 75060 |
| the licensee if the resident has a guardian; | 75061 |
| (c) The parent or guardian of each resident who receives | 75062 |
| services from the licensee if the resident is a minor. | 75063 |
| (7) Pursuant to rules which shall be adopted in accordance | 75064 |
| with Chapter 119. of the Revised Code, the director may order the | 75065 |
| immediate removal of residents from a residential facility | 75066 |
| whenever conditions at the facility present an immediate danger of | 75067 |
| physical or psychological harm to the residents. | 75068 |
| (8) In determining whether a residential facility is being | 75069 |
| operated in compliance with a provision of this chapter that | 75070 |
| applies to residential facilities or the rules adopted under such | 75071 |
| a provision, or whether conditions at a residential facility | 75072 |
| present an immediate danger of physical or psychological harm to | 75073 |
| the residents, the director may rely on information obtained by a | 75074 |
| county board of mental retardation and developmental disabilities | 75075 |
| or other governmental agencies. | 75076 |
| (9) In proceedings initiated to deny, refuse to renew, or | 75077 |
| revoke licenses, the director may deny, refuse to renew, or revoke | 75078 |
| a license regardless of whether some or all of the deficiencies | 75079 |
| that prompted the proceedings have been corrected at the time of | 75080 |
| the hearing. | 75081 |
| (E) The director shall establish a program under which public | 75082 |
| notification may be made when the director has initiated license | 75083 |
| revocation proceedings or has issued an order for the suspension | 75084 |
| of admissions, placement of a monitor, or removal of residents. | 75085 |
| The director shall adopt rules in accordance with Chapter 119. of | 75086 |
| the Revised Code to implement this division. The rules shall | 75087 |
| establish the procedures by which the public notification will be | 75088 |
| made and specify the circumstances for which the notification must | 75089 |
| be made. The rules shall require that public notification be made | 75090 |
| if the director has taken action against the facility in the | 75091 |
| eighteen-month period immediately preceding the director's latest | 75092 |
| action against the facility and the latest action is being taken | 75093 |
| for the same or a substantially similar violation of a provision | 75094 |
| of this chapter that applies to residential facilities or the | 75095 |
| rules adopted under such a provision. The rules shall specify a | 75096 |
| method for removing or amending the public notification if the | 75097 |
| director's action is found to have been unjustified or the | 75098 |
| violation at the residential facility has been corrected. | 75099 |
| (F)(1) Except as provided in division (F)(2) of this section, | 75100 |
| appeals from proceedings initiated to impose a sanction under | 75101 |
| division (D) of this section shall be conducted in accordance with | 75102 |
| Chapter 119. of the Revised Code. | 75103 |
| (2) Appeals from proceedings initiated to order the | 75104 |
| suspension of admissions to a facility shall be conducted in | 75105 |
| accordance with Chapter 119. of the Revised Code, unless the order | 75106 |
| was issued before providing an opportunity for an adjudication, in | 75107 |
| which case all of the following apply: | 75108 |
| (a) The licensee may request a hearing not later than ten | 75109 |
| days after receiving the notice specified in section 119.07 of the | 75110 |
| Revised Code. | 75111 |
| (b) If a timely request for a hearing that includes the | 75112 |
| licensee's current address is made, the hearing shall commence not | 75113 |
| later than thirty days after the department receives the request. | 75114 |
| (c) After commencing, the hearing shall continue | 75115 |
| uninterrupted, except for Saturdays, Sundays, and legal holidays, | 75116 |
| unless other interruptions are agreed to by the licensee and the | 75117 |
| director. | 75118 |
| (d) If the hearing is conducted by a hearing examiner, the | 75119 |
| hearing examiner shall file a report and recommendations not later | 75120 |
| than ten days after the last of the following: | 75121 |
| (i) The close of the hearing; | 75122 |
| (ii) If a transcript of the proceedings is ordered, the | 75123 |
| hearing examiner receives the transcript; | 75124 |
| (iii) If post-hearing briefs are timely filed, the hearing | 75125 |
| examiner receives the briefs. | 75126 |
| (e) A copy of the written report and recommendation of the | 75127 |
| hearing examiner shall be sent, by certified mail, to the licensee | 75128 |
| and the licensee's attorney, if applicable, not later than five | 75129 |
| days after the report is filed. | 75130 |
| (f) Not later than five days after the hearing examiner files | 75131 |
| the report and recommendations, the licensee may file objections | 75132 |
| to the report and recommendations. | 75133 |
| (g) Not later than fifteen days after the hearing examiner | 75134 |
| files the report and recommendations, the director shall issue an | 75135 |
| order approving, modifying, or disapproving the report and | 75136 |
| recommendations. | 75137 |
| (h) Notwithstanding the pendency of the hearing, the director | 75138 |
| shall lift the order for the suspension of admissions when the | 75139 |
| director determines that the violation that formed the basis for | 75140 |
| the order has been corrected. | 75141 |
| (G) Neither a person or government agency whose application | 75142 |
| for a license to operate a residential facility is denied nor a | 75143 |
| related party of the person or government agency may apply for a | 75144 |
| license to operate a residential facility before the date that is | 75145 |
| one year after the date of the denial. Neither a licensee whose | 75146 |
| residential facility license is revoked nor a related party of the | 75147 |
| licensee may apply for a residential facility license before the | 75148 |
| date that is five years after the date of the revocation. | 75149 |
| (H) In accordance with Chapter 119. of the Revised Code, the | 75150 |
| director shall adopt and may amend and rescind rules for licensing | 75151 |
| and regulating the operation of residential facilities, including | 75152 |
| intermediate care facilities for the mentally retarded. The rules | 75153 |
| for intermediate care facilities for the mentally retarded may | 75154 |
| differ from those for other residential facilities. The rules | 75155 |
| shall establish and specify the following: | 75156 |
| (1) Procedures and criteria for issuing and renewing | 75157 |
| licenses, including procedures and criteria for determining the | 75158 |
| length of the licensing period that the director must specify for | 75159 |
| each license when it is issued or renewed; | 75160 |
| (2) Procedures and criteria for denying, refusing to renew, | 75161 |
| terminating, and revoking licenses and for ordering the suspension | 75162 |
| of admissions to a facility, placement of a monitor at a facility, | 75163 |
| and the immediate removal of residents from a facility; | 75164 |
| (3) Fees for issuing and renewing licenses, which shall be | 75165 |
| deposited into the program fee fund created under section 5123.033 | 75166 |
| of the Revised Code; | 75167 |
| (4) Procedures for surveying residential facilities; | 75168 |
| (5) Requirements for the training of residential facility | 75169 |
| personnel; | 75170 |
| (6) Classifications for the various types of residential | 75171 |
| facilities; | 75172 |
| (7) Certification procedures for licensees and management | 75173 |
| contractors that the director determines are necessary to ensure | 75174 |
| that they have the skills and qualifications to properly operate | 75175 |
| or manage residential facilities; | 75176 |
| (8) The maximum number of persons who may be served in a | 75177 |
| particular type of residential facility; | 75178 |
| (9) Uniform procedures for admission of persons to and | 75179 |
| transfers and discharges of persons from residential facilities; | 75180 |
| (10) Other standards for the operation of residential | 75181 |
| facilities and the services provided at residential facilities; | 75182 |
| (11) Procedures for waiving any provision of any rule adopted | 75183 |
| under this section. | 75184 |
| (I) Before issuing a license, the director of the department | 75185 |
| or the director's designee shall conduct a survey of the | 75186 |
| residential facility for which application is made. The director | 75187 |
| or the director's designee shall conduct a survey of each | 75188 |
| licensed residential facility at least once during the period the | 75189 |
| license is valid and may conduct additional inspections as needed. | 75190 |
| A survey includes but is not limited to an on-site examination and | 75191 |
| evaluation of the residential facility, its personnel, and the | 75192 |
| services provided there. | 75193 |
| In conducting surveys, the director or the director's | 75194 |
| designee shall be given access to the residential facility; all | 75195 |
| records, accounts, and any other documents related to the | 75196 |
| operation of the facility; the licensee; the residents of the | 75197 |
| facility; and all persons acting on behalf of, under the control | 75198 |
| of, or in connection with the licensee. The licensee and all | 75199 |
| persons on behalf of, under the control of, or in connection with | 75200 |
| the licensee shall cooperate with the director or the director's | 75201 |
| designee in conducting the survey. | 75202 |
| Following each survey, unless the director initiates a | 75203 |
| license revocation proceeding, the director or the director's | 75204 |
| designee shall provide the licensee with a report listing any | 75205 |
| deficiencies, specifying a timetable within which the licensee | 75206 |
| shall submit a plan of correction describing how the deficiencies | 75207 |
| will be corrected, and, when appropriate, specifying a timetable | 75208 |
| within which the licensee must correct the deficiencies. After a | 75209 |
| plan of correction is submitted, the director or the director's | 75210 |
| designee shall approve or disapprove the plan. A copy of the | 75211 |
| report and any approved plan of correction shall be provided to | 75212 |
| any person who requests it. | 75213 |
| The director shall initiate disciplinary action against any | 75214 |
| department employee who notifies or causes the notification to any | 75215 |
| unauthorized person of an unannounced survey of a residential | 75216 |
| facility by an authorized representative of the department. | 75217 |
| (J) In addition to any other information which may be | 75218 |
| required of applicants for a license pursuant to this section, the | 75219 |
| director shall require each applicant to provide a copy of an | 75220 |
| approved plan for a proposed residential facility pursuant to | 75221 |
| section 5123.042 of the Revised Code. This division does not apply | 75222 |
| to renewal of a license or to an applicant for a license who meets | 75223 |
| the requirements of section 5123.193 of the Revised Code. | 75224 |
| (K) A licensee shall notify the owner of the building in | 75225 |
| which the licensee's residential facility is located of any | 75226 |
| significant change in the identity of the licensee or management | 75227 |
| contractor before the effective date of the change if the licensee | 75228 |
| is not the owner of the building. | 75229 |
| Pursuant to rules which shall be adopted in accordance with | 75230 |
| Chapter 119. of the Revised Code, the director may require | 75231 |
| notification to the department of any significant change in the | 75232 |
| ownership of a residential facility or in the identity of the | 75233 |
| licensee or management contractor. If the director determines that | 75234 |
| a significant change of ownership is proposed, the director shall | 75235 |
| consider the proposed change to be an application for development | 75236 |
| by a new operator pursuant to section 5123.042 of the Revised Code | 75237 |
| and shall advise the applicant within sixty days of the | 75238 |
| notification that the current license shall continue in effect or | 75239 |
| a new license will be required pursuant to this section. If the | 75240 |
| director requires a new license, the director shall permit the | 75241 |
| facility to continue to operate under the current license until | 75242 |
| the new license is issued, unless the current license is revoked, | 75243 |
| refused to be renewed, or terminated in accordance with Chapter | 75244 |
| 119. of the Revised Code. | 75245 |
| (L) A county board of mental retardation and developmental | 75246 |
| disabilities, the legal rights service, and any interested person | 75247 |
| may file complaints alleging violations of statute or department | 75248 |
| rule relating to residential facilities with the department. All | 75249 |
| complaints shall be in writing and shall state the facts | 75250 |
| constituting the basis of the allegation. The department shall not | 75251 |
| reveal the source of any complaint unless the complainant agrees | 75252 |
| in writing to waive the right to confidentiality or until so | 75253 |
| ordered by a court of competent jurisdiction. | 75254 |
| The department shall adopt rules in accordance with Chapter | 75255 |
| 119. of the Revised Code establishing procedures for the receipt, | 75256 |
| referral, investigation, and disposition of complaints filed with | 75257 |
| the department under this division. | 75258 |
| (M) The department shall establish procedures for the | 75259 |
| notification of interested parties of the transfer or interim care | 75260 |
| of residents from residential facilities that are closing or are | 75261 |
| losing their license. | 75262 |
| (N) Before issuing a license under this section to a | 75263 |
| residential facility that will accommodate at any time more than | 75264 |
| one mentally retarded or developmentally disabled individual, the | 75265 |
| director shall, by first class mail, notify the following: | 75266 |
| (1) If the facility will be located in a municipal | 75267 |
| corporation, the clerk of the legislative authority of the | 75268 |
| municipal corporation; | 75269 |
| (2) If the facility will be located in unincorporated | 75270 |
| territory, the clerk of the appropriate board of county | 75271 |
| commissioners and the fiscal officer of the appropriate board of | 75272 |
| township trustees. | 75273 |
| The director shall not issue the license for ten days after | 75274 |
| mailing the notice, excluding Saturdays, Sundays, and legal | 75275 |
| holidays, in order to give the notified local officials time in | 75276 |
| which to comment on the proposed issuance. | 75277 |
| Any legislative authority of a municipal corporation, board | 75278 |
| of county commissioners, or board of township trustees that | 75279 |
| receives notice under this division of the proposed issuance of a | 75280 |
| license for a residential facility may comment on it in writing to | 75281 |
| the director within ten days after the director mailed the notice, | 75282 |
| excluding Saturdays, Sundays, and legal holidays. If the director | 75283 |
| receives written comments from any notified officials within the | 75284 |
| specified time, the director shall make written findings | 75285 |
| concerning the comments and the director's decision on the | 75286 |
| issuance of the license. If the director does not receive written | 75287 |
| comments from any notified local officials within the specified | 75288 |
| time, the director shall continue the process for issuance of the | 75289 |
| license. | 75290 |
| (O) Any person may operate a licensed residential facility | 75291 |
| that provides room and board, personal care, habilitation | 75292 |
| services, and supervision in a family setting for at least six but | 75293 |
| not more than eight persons with mental retardation or a | 75294 |
| developmental disability as a permitted use in any residential | 75295 |
| district or zone, including any single-family residential district | 75296 |
| or zone, of any political subdivision. These residential | 75297 |
| facilities may be required to comply with area, height, yard, and | 75298 |
| architectural compatibility requirements that are uniformly | 75299 |
| imposed upon all single-family residences within the district or | 75300 |
| zone. | 75301 |
| (P) Any person may operate a licensed residential facility | 75302 |
| that provides room and board, personal care, habilitation | 75303 |
| services, and supervision in a family setting for at least nine | 75304 |
| but not more than sixteen persons with mental retardation or a | 75305 |
| developmental disability as a permitted use in any multiple-family | 75306 |
| residential district or zone of any political subdivision, except | 75307 |
| that a political subdivision that has enacted a zoning ordinance | 75308 |
| or resolution establishing planned unit development districts may | 75309 |
| exclude these residential facilities from those districts, and a | 75310 |
| political subdivision that has enacted a zoning ordinance or | 75311 |
| resolution may regulate these residential facilities in | 75312 |
| multiple-family residential districts or zones as a conditionally | 75313 |
| permitted use or special exception, in either case, under | 75314 |
| reasonable and specific standards and conditions set out in the | 75315 |
| zoning ordinance or resolution to: | 75316 |
| (1) Require the architectural design and site layout of the | 75317 |
| residential facility and the location, nature, and height of any | 75318 |
| walls, screens, and fences to be compatible with adjoining land | 75319 |
| uses and the residential character of the neighborhood; | 75320 |
| (2) Require compliance with yard, parking, and sign | 75321 |
| regulation; | 75322 |
| (3) Limit excessive concentration of these residential | 75323 |
| facilities. | 75324 |
| (Q) This section does not prohibit a political subdivision | 75325 |
| from applying to residential facilities nondiscriminatory | 75326 |
| regulations requiring compliance with health, fire, and safety | 75327 |
| regulations and building standards and regulations. | 75328 |
| (R) Divisions (O) and (P) of this section are not applicable | 75329 |
| to municipal corporations that had in effect on June 15, 1977, an | 75330 |
| ordinance specifically permitting in residential zones licensed | 75331 |
| residential facilities by means of permitted uses, conditional | 75332 |
| uses, or special exception, so long as such ordinance remains in | 75333 |
| effect without any substantive modification. | 75334 |
| (S)(1) The director may issue an interim license to operate a | 75335 |
| residential facility to an applicant for a license under this | 75336 |
| section if either of the following is the case: | 75337 |
| (a) The director determines that an emergency exists | 75338 |
| requiring immediate placement of persons in a residential | 75339 |
| facility, that insufficient licensed beds are available, and that | 75340 |
| the residential facility is likely to receive a permanent license | 75341 |
| under this section within thirty days after issuance of the | 75342 |
| interim license. | 75343 |
| (b) The director determines that the issuance of an interim | 75344 |
| license is necessary to meet a temporary need for a residential | 75345 |
| facility. | 75346 |
| (2) To be eligible to receive an interim license, an | 75347 |
| applicant must meet the same criteria that must be met to receive | 75348 |
| a permanent license under this section, except for any differing | 75349 |
| procedures and time frames that may apply to issuance of a | 75350 |
| permanent license. | 75351 |
| (3) An interim license shall be valid for thirty days and may | 75352 |
| be renewed by the director for a period not to exceed one hundred | 75353 |
| fifty days. | 75354 |
| (4) The director shall adopt rules in accordance with Chapter | 75355 |
| 119. of the Revised Code as the director considers necessary to | 75356 |
| administer the issuance of interim licenses. | 75357 |
| (T) Notwithstanding rules adopted pursuant to this section | 75358 |
| establishing the maximum number of persons who may be served in a | 75359 |
| particular type of residential facility, a residential facility | 75360 |
| shall be permitted to serve the same number of persons being | 75361 |
| served by the facility on the effective date of the rules or the | 75362 |
| number of persons for which the facility is authorized pursuant to | 75363 |
| a current application for a certificate of need with a letter of | 75364 |
| support from the department of mental retardation and | 75365 |
| developmental disabilities and which is in the review process | 75366 |
| prior to April 4, 1986. | 75367 |
| (U) The director or the director's designee may enter at any | 75368 |
| time, for purposes of investigation, any home, facility, or other | 75369 |
| structure that has been reported to the director or that the | 75370 |
| director has reasonable cause to believe is being operated as a | 75371 |
| residential facility without a license issued under this section. | 75372 |
| The director may petition the court of common pleas of the | 75373 |
| county in which an unlicensed residential facility is located for | 75374 |
| an order enjoining the person or governmental agency operating the | 75375 |
| facility from continuing to operate without a license. The court | 75376 |
| may grant the injunction on a showing that the person or | 75377 |
| governmental agency named in the petition is operating a | 75378 |
| residential facility without a license. The court may grant the | 75379 |
| injunction, regardless of whether the residential facility meets | 75380 |
| the requirements for receiving a license under this section. | 75381 |
| Sec. 5123.193. An applicant for a residential facility | 75382 |
| license under section 5123.19 of the Revised Code is not required | 75383 |
| to obtain approval of a plan for the proposed residential facility | 75384 |
| pursuant to section 5123.042 of the Revised Code if all of the | 75385 |
| following apply: | 75386 |
| (A) All of the following apply to the facility for which the | 75387 |
| residential facility license is sought: | 75388 |
| (1) It is licensed as a nursing home under section 3721.02 of | 75389 |
| the Revised Code on the effective date of this section and the | 75390 |
| nursing home license authorizes the facility to have fifty nursing | 75391 |
| home beds. | 75392 |
| (2) It was previously certified as an intermediate care | 75393 |
| facility for the mentally retarded before July 1, 1992. | 75394 |
| (3) It is operated as a nonprofit organization exempt from | 75395 |
| federal income tax under section 501(c)(3) of the Internal Revenue | 75396 |
| Code. | 75397 |
| (4) Its governing board has passed a resolution to close the | 75398 |
| facility unless a residential facility license is obtained for the | 75399 |
| facility. | 75400 |
| (B) The license application seeks authorization to operate a | 75401 |
| residential facility with not more than twenty-five beds on the | 75402 |
| same site on which the facility is operated under its nursing home | 75403 |
| license on the effective date of this section. | 75404 |
| (C) The applicant applies to the director of health to have | 75405 |
| the facility certified as an intermediate care facility for the | 75406 |
| mentally retarded. | 75407 |
| (D) The applicant agrees to have the nursing home's licensed | 75408 |
| capacity reduced to not more than twenty-five nursing home beds | 75409 |
| effective on the date the director of mental retardation and | 75410 |
| developmental disabilities issues the residential facility license | 75411 |
| and agrees to surrender the nursing home license, ending the | 75412 |
| applicant's right to have any nursing home beds in the facility, | 75413 |
| effective on the date the director of health certifies the | 75414 |
| facility as an intermediate care facility for the mentally | 75415 |
| retarded. | 75416 |
| (E) The applicant provides the director of mental retardation | 75417 |
| and developmental disabilities assurances that the applicant will | 75418 |
| cooperate with the department of job and family services in having | 75419 |
| each resident of the facility who needs a greater or lesser level | 75420 |
| of care than intermediate care facilities for the mentally | 75421 |
| retarded provide relocated to another facility or residence that | 75422 |
| is authorized to provide the level of care the resident needs and | 75423 |
| is willing to accept the resident's placement in the facility or | 75424 |
| residence. | 75425 |
| (F) The applicant submits the application for the residential | 75426 |
| facility license to the director of mental retardation and | 75427 |
| developmental disabilities not later than one hundred twenty days | 75428 |
| after the effective date of this section. | 75429 |
| Sec. 5126.044. (A) As used in this section | 75430 |
| (1) "Eligible person" has the same meaning as in section | 75431 |
| 5126.03 of the Revised Code. | 75432 |
| (2) "Treatment" means the provision, coordination, or | 75433 |
| management of services provided to an eligible person. | 75434 |
| (3) "Payment" means activities undertaken by a service | 75435 |
| provider or governmental entity to obtain or provide reimbursement | 75436 |
| for services to an eligible person. | 75437 |
| (B) Except as provided in division | 75438 |
| person shall disclose the identity of an individual who requests | 75439 |
| programs or services under this chapter or release a record or | 75440 |
| report regarding an eligible person that is maintained by a county | 75441 |
| board of mental retardation and developmental disabilities or an | 75442 |
| entity under contract with a county board unless one of the | 75443 |
| following circumstances exists: | 75444 |
| (1) The individual, eligible person, or the individual's | 75445 |
| guardian, or, if the individual is a minor, the individual's | 75446 |
| parent or guardian, makes a written request to the county board or | 75447 |
| entity for or approves in writing disclosure of the individual's | 75448 |
| identity or release of the record or report regarding the eligible | 75449 |
| person. | 75450 |
| (2) Disclosure of the identity of an individual is needed for | 75451 |
| approval of a direct services contract under section 5126.032 or | 75452 |
| 5126.033 of the Revised Code. The county board shall release only | 75453 |
| the individual's name and the general nature of the services to be | 75454 |
| provided. | 75455 |
| (3) Disclosure of the identity of the individual is needed to | 75456 |
| ascertain that the county board's waiting lists for programs or | 75457 |
| services are being maintained in accordance with section 5126.042 | 75458 |
| of the Revised Code and the rules adopted under that section. The | 75459 |
| county board shall release only the individual's name, the general | 75460 |
| nature of the programs or services to be provided the individual, | 75461 |
| the individual's rank on each waiting list that includes the | 75462 |
| individual, and any circumstances under which the individual was | 75463 |
| given priority when placed on a waiting list. | 75464 |
| (4) Disclosure of the identity of an individual who is an | 75465 |
| eligible person is needed for treatment of or payment for services | 75466 |
| provided to the individual. | 75467 |
| (C) | 75468 |
| 75469 | |
| 75470 | |
| 75471 |
| | 75472 |
| guardian or, if the eligible person is a minor, the person's | 75473 |
| parent or guardian, a county board or entity under contract with a | 75474 |
| county board shall provide the person who made the request access | 75475 |
| to records and reports regarding the eligible person. On written | 75476 |
| request, the county board or entity shall provide copies of the | 75477 |
| records and reports to the eligible person, guardian, or parent. | 75478 |
| The county board or entity may charge a reasonable fee to cover | 75479 |
| the costs of copying. The county board or entity may waive the fee | 75480 |
| in cases of hardship. | 75481 |
| (2) A county board shall provide access to any waiting list | 75482 |
| or record or report regarding an eligible person maintained by the | 75483 |
| board to any state agency responsible for monitoring and reviewing | 75484 |
| programs and services provided or arranged by the county board, | 75485 |
| any state agency involved in the coordination of services for an | 75486 |
| eligible person, and any agency under contract with the department | 75487 |
| of mental retardation and developmental disabilities for the | 75488 |
| provision of protective service pursuant to section 5123.56 of the | 75489 |
| Revised Code. | 75490 |
| (3) When an eligible person who requests programs or services | 75491 |
| under this chapter dies, the county board or entity under contract | 75492 |
| with the county board, shall, on written request, provide to both | 75493 |
| of the following persons any reports and records in the board or | 75494 |
| entity's possession concerning the eligible person: | 75495 |
| (a) If the report or records are necessary to administer the | 75496 |
| estate of the person who is the subject of the reports or records, | 75497 |
| to the executor or administrator of the person's estate; | 75498 |
| (b) To the guardian of the person who is the subject of the | 75499 |
| reports or records or, if the individual had no guardian at the | 75500 |
| time of death, to a person in the first applicable of the | 75501 |
| following categories: | 75502 |
| (i) The person's spouse; | 75503 |
| (ii) The person's children; | 75504 |
| (iii) The person's parents; | 75505 |
| (iv) The person's brothers or sisters; | 75506 |
| (v) The person's uncles or aunts; | 75507 |
| (vi) The person's closest relative by blood or adoption; | 75508 |
| (vii) The person's closest relative by marriage. | 75509 |
| The county board or entity shall provide the reports and | 75510 |
|
records
as required by division | 75511 |
| later than thirty days after receipt of the request. | 75512 |
| | 75513 |
| person's guardian, or, if the eligible person is a minor, the | 75514 |
| person's parent or guardian, prior to destroying any record or | 75515 |
| report regarding the eligible person. | 75516 |
| Sec. 5126.054. (A) Each county board of mental retardation | 75517 |
| and developmental disabilities shall, by resolution, develop a | 75518 |
| three-calendar year plan that includes the following three | 75519 |
| components: | 75520 |
| (1) An assessment component that includes all of the | 75521 |
| following: | 75522 |
| (a) The number of individuals with mental retardation or | 75523 |
| other developmental disability residing in the county who need the | 75524 |
| level of care provided by an intermediate care facility for the | 75525 |
| mentally retarded, may seek home and community-based services, are | 75526 |
| given priority for the services pursuant to division (D) of | 75527 |
| section 5126.042 of the Revised Code; the service needs of those | 75528 |
| individuals; and the projected annualized cost for services; | 75529 |
| (b) The source of funds available to the county board to pay | 75530 |
| the nonfederal share of medicaid expenditures that the county | 75531 |
| board is required by sections 5126.059 and 5126.0510 of the | 75532 |
| Revised Code to pay; | 75533 |
| (c) Any other applicable information or conditions that the | 75534 |
| department of mental retardation and developmental disabilities | 75535 |
| requires as a condition of approving the component under section | 75536 |
| 5123.046 of the Revised Code. | 75537 |
| (2) | 75538 |
| the number of individuals to be provided, during the first year | 75539 |
| that the plan is in effect, home and community-based services | 75540 |
| pursuant to the priority given to them under divisions (D)(1) and | 75541 |
| (2) of section 5126.042 of the Revised Code and the types of home | 75542 |
| and community-based services the individuals are to receive; | 75543 |
| (3) A component that provides for the implementation of | 75544 |
| medicaid case management services and home and community-based | 75545 |
| services for individuals who begin to receive the services on or | 75546 |
| after the date the plan is approved under section 5123.046 of the | 75547 |
| Revised Code. A county board shall include all of the following in | 75548 |
| the component: | 75549 |
| (a) If the department of mental retardation and developmental | 75550 |
| disabilities or department of job and family services requires, an | 75551 |
| agreement to pay the nonfederal share of medicaid expenditures | 75552 |
| that the county board is required by sections 5126.059 and | 75553 |
| 5126.0510 of the Revised Code to pay; | 75554 |
| (b) How the services are to be phased in over the period the | 75555 |
| plan covers, including how the county board will serve individuals | 75556 |
| on a waiting list established under division (C) of section | 75557 |
| 5126.042 who are given priority status under division (D)(1) of | 75558 |
| that section; | 75559 |
| (c) Any agreement or commitment regarding the county board's | 75560 |
| funding of home and community-based services that the county board | 75561 |
| has with the department at the time the county board develops the | 75562 |
| component; | 75563 |
| (d) Assurances adequate to the department that the county | 75564 |
| board will comply with all of the following requirements: | 75565 |
| (i) To provide the types of home and community-based services | 75566 |
| specified in the preliminary implementation component required by | 75567 |
| division (A)(2) of this section to at least the number of | 75568 |
| individuals specified in that component; | 75569 |
| (ii) To use any additional funds the county board receives | 75570 |
| for the services to improve the county board's resource | 75571 |
| capabilities for supporting such services available in the county | 75572 |
| at the time the component is developed and to expand the services | 75573 |
| to accommodate the unmet need for those services in the county; | 75574 |
| (iii) To employ or contract with a business manager | 75575 |
| 75576 | |
| 75577 | |
| 75578 | |
| 75579 | |
| board of mental retardation and developmental disabilities that | 75580 |
| employs or contracts with a business manager to have the business | 75581 |
|
manager serve both county boards. | 75582 |
| 75583 | |
| 75584 | |
| board may serve as the county board's business manager. | 75585 |
| (iv) To employ or contract with a medicaid services manager | 75586 |
| 75587 | |
| 75588 | |
| 75589 | |
| board of mental retardation and developmental disabilities that | 75590 |
| employs or contracts with a medicaid services manager to have the | 75591 |
|
medicaid services manager serve both county boards. | 75592 |
| 75593 | |
| 75594 | |
| 75595 | |
| 75596 | |
| 75597 | |
| 75598 | |
| 75599 | |
| 75600 | |
| 75601 | |
| 75602 | |
| county board may serve as the county board's medicaid services | 75603 |
| manager. | 75604 |
| (e) Programmatic and financial accountability measures and | 75605 |
| projected outcomes expected from the implementation of the plan; | 75606 |
| (f) Any other applicable information or conditions that the | 75607 |
| department requires as a condition of approving the component | 75608 |
| under section 5123.046 of the Revised Code. | 75609 |
| (B) A county board whose plan developed under division (A) of | 75610 |
| this section is approved by the department under section 5123.046 | 75611 |
| of the Revised Code shall update and renew the plan in accordance | 75612 |
| with a schedule the department shall develop. | 75613 |
| Sec. 5126.055. (A) Except as provided in section 5126.056 | 75614 |
| of the Revised Code, a county board of mental retardation and | 75615 |
| developmental disabilities has medicaid local administrative | 75616 |
| authority to, and shall, do all of the following for an individual | 75617 |
| with mental retardation or other developmental disability who | 75618 |
| resides in the county that the county board serves and seeks or | 75619 |
| receives home and community-based services: | 75620 |
| (1) Perform assessments and evaluations of the individual. As | 75621 |
| part of the assessment and evaluation process, the county board | 75622 |
| shall do all of the following: | 75623 |
| (a) Make a recommendation to the department of mental | 75624 |
| retardation and developmental disabilities on whether the | 75625 |
| department should approve or deny the individual's application for | 75626 |
| the services, including on the basis of whether the individual | 75627 |
| needs the level of care an intermediate care facility for the | 75628 |
| mentally retarded provides; | 75629 |
| (b) If the individual's application is denied because of the | 75630 |
| county board's recommendation and the individual requests a | 75631 |
| hearing under section 5101.35 of the Revised Code, present, with | 75632 |
| the department of mental retardation and developmental | 75633 |
| disabilities or department of job and family services, whichever | 75634 |
| denies the application, the reasons for the recommendation and | 75635 |
| denial at the hearing; | 75636 |
| (c) If the individual's application is approved, recommend to | 75637 |
| the departments of mental retardation and developmental | 75638 |
| disabilities and job and family services the services that should | 75639 |
| be included in the individual's individualized service plan and, | 75640 |
| if either department approves, reduces, denies, or terminates a | 75641 |
| service included in the individual's individualized service plan | 75642 |
| under section 5111.871 of the Revised Code because of the county | 75643 |
| board's recommendation, present, with the department that made the | 75644 |
| approval, reduction, denial, or termination, the reasons for the | 75645 |
| recommendation and approval, reduction, denial, or termination at | 75646 |
| a hearing under section 5101.35 of the Revised Code. | 75647 |
| (2) In accordance with the rules adopted under section | 75648 |
| 5126.046 of the Revised Code, perform the county board's duties | 75649 |
| under that section regarding assisting the individual's right to | 75650 |
| choose a qualified and willing provider of the services and, at a | 75651 |
| hearing under section 5101.35 of the Revised Code, present | 75652 |
| evidence of the process for appropriate assistance in choosing | 75653 |
| providers; | 75654 |
| (3) If the county board is certified under section 5123.161 | 75655 |
| of the Revised Code to provide the services and agrees to | 75656 |
| provide the services to the individual and the individual | 75657 |
| chooses the county board to provide the services, furnish, in | 75658 |
| accordance with the county board's medicaid provider agreement | 75659 |
| and for the authorized reimbursement rate, the services the | 75660 |
| individual requires; | 75661 |
| (4) Monitor the services provided to the individual and | 75662 |
| ensure the individual's health, safety, and welfare. The | 75663 |
| monitoring shall include quality assurance activities. If the | 75664 |
| county board provides the services, the department of mental | 75665 |
| retardation and developmental disabilities shall also monitor the | 75666 |
| services. | 75667 |
| (5) Develop, with the individual and the provider of the | 75668 |
| individual's services, an effective individualized service plan | 75669 |
| that includes coordination of services, recommend that the | 75670 |
| departments of mental retardation and developmental disabilities | 75671 |
| and job and family services approve the plan, and implement the | 75672 |
|
plan unless either department disapproves it | 75673 |
| service plan shall include a summary page, agreed to by the county | 75674 |
| board, provider, and individual receiving services, that clearly | 75675 |
| outlines the amount, duration, and scope of services to be | 75676 |
| provided under the plan. | 75677 |
| (6) Have an investigative agent conduct investigations under | 75678 |
| section 5126.313 of the Revised Code that concern the individual; | 75679 |
| (7) Have a service and support administrator perform the | 75680 |
| duties under division (B)(9) of section 5126.15 of the Revised | 75681 |
| Code that concern the individual. | 75682 |
| (B) A county board shall perform its medicaid local | 75683 |
| administrative authority under this section in accordance with all | 75684 |
| of the following: | 75685 |
| (1) The county board's plan that the department of mental | 75686 |
| retardation and developmental disabilities approves under section | 75687 |
| 5123.046 of the Revised Code; | 75688 |
| (2) All applicable federal and state laws; | 75689 |
| (3) All applicable policies of the departments of mental | 75690 |
| retardation and developmental disabilities and job and family | 75691 |
| services and the United States department of health and human | 75692 |
| services; | 75693 |
| (4) The department of job and family services' supervision | 75694 |
| under its authority under section 5111.01 of the Revised Code to | 75695 |
| act as the single state medicaid agency; | 75696 |
| (5) The department of mental retardation and developmental | 75697 |
| disabilities' oversight. | 75698 |
| (C) The departments of mental retardation and developmental | 75699 |
| disabilities and job and family services shall communicate with | 75700 |
| and provide training to county boards regarding medicaid local | 75701 |
| administrative authority granted by this section. The | 75702 |
| communication and training shall include issues regarding audit | 75703 |
| protocols and other standards established by the United States | 75704 |
| department of health and human services that the departments | 75705 |
| determine appropriate for communication and training. County | 75706 |
| boards shall participate in the training. The departments shall | 75707 |
| assess the county board's compliance against uniform standards | 75708 |
| that the departments shall establish. | 75709 |
| (D) A county board may not delegate its medicaid local | 75710 |
| administrative authority granted under this section but may | 75711 |
| contract with a person or government entity, including a council | 75712 |
| of governments, for assistance with its medicaid local | 75713 |
| administrative authority. A county board that enters into such a | 75714 |
| contract shall notify the director of mental retardation and | 75715 |
| developmental disabilities. The notice shall include the tasks and | 75716 |
| responsibilities that the contract gives to the person or | 75717 |
| government entity. The person or government entity shall comply in | 75718 |
| full with all requirements to which the county board is subject | 75719 |
| regarding the person or government entity's tasks and | 75720 |
| responsibilities under the contract. The county board remains | 75721 |
| ultimately responsible for the tasks and responsibilities. | 75722 |
| (E) A county board that has medicaid local administrative | 75723 |
| authority under this section shall, through the departments of | 75724 |
| mental retardation and developmental disabilities and job and | 75725 |
| family services, reply to, and cooperate in arranging compliance | 75726 |
| with, a program or fiscal audit or program violation exception | 75727 |
| that a state or federal audit or review discovers. The department | 75728 |
| of job and family services shall timely notify the department of | 75729 |
| mental retardation and developmental disabilities and the county | 75730 |
| board of any adverse findings. After receiving the notice, the | 75731 |
| county board, in conjunction with the department of mental | 75732 |
| retardation and developmental disabilities, shall cooperate fully | 75733 |
| with the department of job and family services and timely prepare | 75734 |
| and send to the department a written plan of correction or | 75735 |
| response to the adverse findings. The county board is liable for | 75736 |
| any adverse findings that result from an action it takes or fails | 75737 |
| to take in its implementation of medicaid local administrative | 75738 |
| authority. | 75739 |
| (F) If the department of mental retardation and developmental | 75740 |
| disabilities or department of job and family services determines | 75741 |
| that a county board's implementation of its medicaid local | 75742 |
| administrative authority under this section is deficient, the | 75743 |
| department that makes the determination shall require that county | 75744 |
| board do the following: | 75745 |
| (1) If the deficiency affects the health, safety, or welfare | 75746 |
| of an individual with mental retardation or other developmental | 75747 |
| disability, correct the deficiency within twenty-four hours; | 75748 |
| (2) If the deficiency does not affect the health, safety, or | 75749 |
| welfare of an individual with mental retardation or other | 75750 |
| developmental disability, receive technical assistance from the | 75751 |
| department or submit a plan of correction to the department that | 75752 |
| is acceptable to the department within sixty days and correct the | 75753 |
| deficiency within the time required by the plan of correction. | 75754 |
| Sec. 5126.0512. (A) As used in this section, "medicaid | 75755 |
| waiver component" means a medicaid waiver component as defined in | 75756 |
| section 5111.85 of the Revised Code under which home and | 75757 |
| community-based services are provided. | 75758 |
| (B) Effective July 1, 2007, and except as provided in rules | 75759 |
| adopted under section 5123.0413 of the Revised Code, each county | 75760 |
| board of mental retardation and developmental disabilities shall | 75761 |
| ensure, for each medicaid waiver component, that the number of | 75762 |
| individuals eligible under section 5126.041 of the Revised Code | 75763 |
| for services from the county board who are enrolled in a medicaid | 75764 |
| waiver component is no less than the sum of the following: | 75765 |
| (1) The number of individuals eligible for services from the | 75766 |
| county board who are enrolled in the medicaid waiver component on | 75767 |
| June 30, 2007; | 75768 |
| (2) The number of medicaid waiver component slots the county | 75769 |
| board requested before July 1, 2007, that were assigned to the | 75770 |
| county board before that date but in which no individual was | 75771 |
| enrolled before that date. | 75772 |
| (C) An individual enrolled in a medicaid waiver component | 75773 |
| after March 1, 2007, due to an emergency reserve capacity waiver | 75774 |
| assignment shall not be counted in determining the number of | 75775 |
| individuals a county board must ensure under division (B) of this | 75776 |
| section are enrolled in a medicaid waiver component. | 75777 |
| (D) An individual who is enrolled in a medicaid waiver | 75778 |
| component to comply with the terms of the consent order filed | 75779 |
| March 5, 2007, in Martin v. Strickland, Case No. 89-CV-00362, in | 75780 |
| the United States district court for the southern district of | 75781 |
| Ohio, eastern division, shall be excluded in determining whether a | 75782 |
| county board has complied with division (B) of this section. | 75783 |
| (E) A county board shall make as many requests for | 75784 |
| individuals to be enrolled in a medicaid waiver component as | 75785 |
| necessary for the county board to comply with division (B) of this | 75786 |
| section. | 75787 |
| Sec. 5126.19. (A) The director of mental retardation and | 75788 |
| developmental disabilities may grant temporary funding from the | 75789 |
| community mental retardation and developmental disabilities trust | 75790 |
| fund based on allocations to county boards of mental retardation | 75791 |
| and developmental disabilities. The director may distribute all or | 75792 |
| part of the funding directly to a county board, the persons who | 75793 |
| provide the services for which the funding is granted, or persons | 75794 |
| with mental retardation or developmental disabilities who are to | 75795 |
| receive those services. | 75796 |
| (B) Funding granted under division (A) of this section shall | 75797 |
| be granted according to the availability of moneys in the fund and | 75798 |
| priorities established by the director. Funding may be granted for | 75799 |
| any of the following purposes: | 75800 |
| (1) Behavioral or short-term interventions for persons with | 75801 |
| mental retardation or developmental disabilities that assist them | 75802 |
| in remaining in the community by preventing institutionalization; | 75803 |
| (2) Emergency respite care services, as defined in section | 75804 |
| 5126.11 of the Revised Code; | 75805 |
| (3) Family support services provided under section 5126.11 of | 75806 |
| the Revised Code; | 75807 |
| (4) Supported living, as defined in section 5126.01 of the | 75808 |
| Revised Code; | 75809 |
| (5) Staff training for county board employees, employees of | 75810 |
| providers of residential services as defined in section 5126.01 of | 75811 |
| the Revised Code, and other personnel under contract with a county | 75812 |
| board, to provide the staff with necessary training in serving | 75813 |
| mentally retarded or developmentally disabled persons in the | 75814 |
| community; | 75815 |
| (6) Short-term provision of early childhood services provided | 75816 |
| under section 5126.05, adult services provided under sections | 75817 |
| 5126.05 and 5126.051, and service and support administration | 75818 |
| provided under section 5126.15 of the Revised Code, when local | 75819 |
| moneys are insufficient to meet the need for such services due to | 75820 |
| the successive failure within a two-year period of three or more | 75821 |
| proposed levies for the services; | 75822 |
| (7) Contracts with providers of residential services to | 75823 |
| maintain persons with mental retardation and developmental | 75824 |
| disabilities in their programs and avoid institutionalization. | 75825 |
| (C) If the trust fund contains more than ten million dollars | 75826 |
| on the first day of July the director shall use one million | 75827 |
| dollars for payments under section 5126.18 of the Revised Code, | 75828 |
| two million dollars for subsidies to county boards for supported | 75829 |
| living, and one million dollars for subsidies to county boards | 75830 |
| for early childhood services and adult services provided under | 75831 |
| section 5126.05 of the Revised Code. Distributions of funds under | 75832 |
| this division shall be made prior to August 31 of the state fiscal | 75833 |
| year in which the funds are available. The funds shall be | 75834 |
| allocated to a county board in an amount equal to the same | 75835 |
| percentage of the total amount allocated to the county board the | 75836 |
| immediately preceding state fiscal year. | 75837 |
| | 75838 |
| 75839 | |
| 75840 | |
| 75841 | |
| 75842 | |
| 75843 |
| Sec. 5139.43. (A) The department of youth services shall | 75844 |
| operate a felony delinquent care and custody program that shall be | 75845 |
| operated in accordance with the formula developed pursuant to | 75846 |
| section 5139.41 of the Revised Code, subject to the conditions | 75847 |
| specified in this section. | 75848 |
| (B)(1) Each juvenile court shall use the moneys disbursed to | 75849 |
| it by the department of youth services pursuant to division (B) of | 75850 |
| section 5139.41 of the Revised Code in accordance with the | 75851 |
| applicable provisions of division (B)(2) of this section and shall | 75852 |
| transmit the moneys to the county treasurer for deposit in | 75853 |
| accordance with this division. The county treasurer shall create | 75854 |
| in the county treasury a fund that shall be known as the felony | 75855 |
| delinquent care and custody fund and shall deposit in that fund | 75856 |
| the moneys disbursed to the juvenile court pursuant to division | 75857 |
| (B) of section 5139.41 of the Revised Code. The county treasurer | 75858 |
| also shall deposit into that fund the state subsidy funds granted | 75859 |
| to the county pursuant to section 5139.34 of the Revised Code. The | 75860 |
| moneys disbursed to the juvenile court pursuant to division (B) of | 75861 |
| section 5139.41 of the Revised Code and deposited pursuant to this | 75862 |
| division in the felony delinquent care and custody fund shall not | 75863 |
| be commingled with any other county funds except state subsidy | 75864 |
| funds granted to the county pursuant to section 5139.34 of the | 75865 |
| Revised Code; shall not be used for any capital construction | 75866 |
| projects; upon an order of the juvenile court and subject to | 75867 |
| appropriation by the board of county commissioners, shall be | 75868 |
| disbursed to the juvenile court for use in accordance with the | 75869 |
| applicable provisions of division (B)(2) of this section; shall | 75870 |
| not revert to the county general fund at the end of any fiscal | 75871 |
| year; and shall carry over in the felony delinquent care and | 75872 |
| custody fund from the end of any fiscal year to the next fiscal | 75873 |
|
year. | 75874 |
| respective fiscal year | 75875 |
|
the felony delinquent care and custody fund in any
county | 75876 |
| 75877 | |
| pursuant to sections 5139.34 and 5139.41 of the Revised Code | 75878 |
| 75879 | |
| be calculated as provided in the formula set forth in this | 75880 |
| division, unless that county has applied for and been granted an | 75881 |
| exemption by the director of youth services. Beginning June 30, | 75882 |
| 2008, the maximum balance carry-over at the end of each respective | 75883 |
| fiscal year shall be determined by the following formula: for | 75884 |
| fiscal year 2008, the maximum balance carry-over shall be one | 75885 |
| hundred per cent of the allocation for fiscal year 2007, to be | 75886 |
| applied in determining the fiscal year 2009 allocation; for fiscal | 75887 |
| year 2009, it shall be fifty per cent of the allocation for fiscal | 75888 |
| year 2008, to be applied in determining the fiscal year 2010 | 75889 |
| allocation; for fiscal year 2010, it shall be twenty-five per cent | 75890 |
| of the allocation for fiscal year 2009, to be applied in | 75891 |
| determining the fiscal year 2011 allocation; and for each fiscal | 75892 |
| year subsequent to fiscal year 2010, it shall be twenty-five per | 75893 |
| cent of the allocation for the immediately preceding fiscal year, | 75894 |
| to be applied in determining the allocation for the next immediate | 75895 |
| fiscal year. The department shall withhold from future payments to | 75896 |
| a county an amount equal to any moneys in the felony delinquent | 75897 |
|
care
and custody fund of the county that exceed the
total | 75898 |
| 75899 | |
| 75900 | |
| that county for the fiscal year in which the payments are being | 75901 |
| made and shall reallocate the withheld amount. The department | 75902 |
| shall adopt rules for the withholding and reallocation of moneys | 75903 |
| disbursed under sections 5139.34 and 5139.41 of the Revised Code | 75904 |
| and for the criteria and process for a county to obtain an | 75905 |
| exemption from the withholding requirement. The moneys disbursed | 75906 |
| to the juvenile court pursuant to division (B) of section 5139.41 | 75907 |
| of the Revised Code and deposited pursuant to this division in | 75908 |
| the felony delinquent care and custody fund shall be in addition | 75909 |
| to, and shall not be used to reduce, any usual annual increase in | 75910 |
| county funding that the juvenile court is eligible to receive or | 75911 |
| the current level of county funding of the juvenile court and of | 75912 |
| any programs or services for delinquent children, unruly | 75913 |
| children, or juvenile traffic offenders. | 75914 |
| (2)(a) A county and the juvenile court that serves the county | 75915 |
| shall use the moneys in its felony delinquent care and custody | 75916 |
| fund in accordance with rules that the department of youth | 75917 |
| services adopts pursuant to division (D) of section 5139.04 of the | 75918 |
| Revised Code and as follows: | 75919 |
| (i) The moneys in the fund that represent state subsidy funds | 75920 |
| granted to the county pursuant to section 5139.34 of the Revised | 75921 |
| Code shall be used to aid in the support of prevention, early | 75922 |
| intervention, diversion, treatment, and rehabilitation programs | 75923 |
| that are provided for alleged or adjudicated unruly children or | 75924 |
| delinquent children or for children who are at risk of becoming | 75925 |
| unruly children or delinquent children. The county shall not use | 75926 |
| for capital improvements more than fifteen per cent of the moneys | 75927 |
| in the fund that represent the applicable annual grant of those | 75928 |
| state subsidy funds. | 75929 |
| (ii) The moneys in the fund that were disbursed to the | 75930 |
| juvenile court pursuant to division (B) of section 5139.41 of the | 75931 |
| Revised Code and deposited pursuant to division (B)(1) of this | 75932 |
| section in the fund shall be used to provide programs and services | 75933 |
| for the training, treatment, or rehabilitation of felony | 75934 |
| delinquents that are alternatives to their commitment to the | 75935 |
| department, including, but not limited to, community residential | 75936 |
| programs, day treatment centers, services within the home, and | 75937 |
| electronic monitoring, and shall be used in connection with | 75938 |
| training, treatment, rehabilitation, early intervention, or other | 75939 |
| programs or services for any delinquent child, unruly child, or | 75940 |
| juvenile traffic offender who is under the jurisdiction of the | 75941 |
| juvenile court. | 75942 |
| The fund also may be used for prevention, early intervention, | 75943 |
| diversion, treatment, and rehabilitation programs that are | 75944 |
| provided for alleged or adjudicated unruly children, delinquent | 75945 |
| children, or juvenile traffic offenders or for children who are at | 75946 |
| risk of becoming unruly children, delinquent children, or juvenile | 75947 |
| traffic offenders. Consistent with division (B)(1) of this | 75948 |
| section, a county and the juvenile court of a county shall not use | 75949 |
| any of those moneys for capital construction projects. | 75950 |
| (iii) Moneys in the fund shall not be used to support | 75951 |
| programs or services that do not comply with federal juvenile | 75952 |
| justice and delinquency prevention core requirements or to support | 75953 |
| programs or services that research has shown to be ineffective. | 75954 |
| (iv) The county and the juvenile court that serves the | 75955 |
| county may use moneys in the fund to provide out-of-home | 75956 |
| placement of children only in detention centers, community | 75957 |
| rehabilitation centers, or community corrections facilities | 75958 |
| approved by the department pursuant to standards adopted by the | 75959 |
| department, licensed by an authorized state agency, or accredited | 75960 |
| by the American correctional association or another national | 75961 |
| organization recognized by the department. | 75962 |
| (b) Each juvenile court shall comply with division (B)(3)(d) | 75963 |
| of this section as implemented by the department. If a juvenile | 75964 |
| court fails to comply with division (B)(3)(d) of this section, the | 75965 |
| department shall not be required to make any disbursements in | 75966 |
| accordance with division (C) or (D) of section 5139.41 or division | 75967 |
| (C)(2) of section 5139.34 of the Revised Code. | 75968 |
| (3) In accordance with rules adopted by the department | 75969 |
| pursuant to division (D) of section 5139.04 of the Revised Code, | 75970 |
| each juvenile court and the county served by that juvenile court | 75971 |
| shall do all of the following that apply: | 75972 |
| (a) The juvenile court shall prepare an annual grant | 75973 |
| agreement and application for funding that satisfies the | 75974 |
| requirements of this section and section 5139.34 of the Revised | 75975 |
| Code and that pertains to the use, upon an order of the juvenile | 75976 |
| court and subject to appropriation by the board of county | 75977 |
| commissioners, of the moneys in its felony delinquent care and | 75978 |
| custody fund for specified programs, care, and services as | 75979 |
| described in division (B)(2)(a) of this section, shall submit that | 75980 |
| agreement and application to the county family and children first | 75981 |
| council, the regional family and children first council, or the | 75982 |
| local intersystem services to children cluster as described in | 75983 |
| sections 121.37 and 121.38 of the Revised Code, whichever is | 75984 |
| applicable, and shall file that agreement and application with the | 75985 |
| department for its approval. The annual grant agreement and | 75986 |
| application for funding shall include a method of ensuring equal | 75987 |
| access for minority youth to the programs, care, and services | 75988 |
| specified in it. | 75989 |
| The department may approve an annual grant agreement and | 75990 |
| application for funding only if the juvenile court involved has | 75991 |
| complied with the preparation, submission, and filing requirements | 75992 |
| described in division (B)(3)(a) of this section. If the juvenile | 75993 |
| court complies with those requirements and the department approves | 75994 |
| that agreement and application, the juvenile court and the county | 75995 |
| served by the juvenile court may expend the state subsidy funds | 75996 |
| granted to the county pursuant to section 5139.34 of the Revised | 75997 |
| Code only in accordance with division (B)(2)(a) of this section, | 75998 |
| the rules pertaining to state subsidy funds that the department | 75999 |
| adopts pursuant to division (D) of section 5139.04 of the Revised | 76000 |
| Code, and the approved agreement and application. | 76001 |
| (b) By the thirty-first day of August of each year, the | 76002 |
| juvenile court shall file with the department a report that | 76003 |
| contains all of the statistical and other information for each | 76004 |
| month of the prior state fiscal year. If the juvenile court fails | 76005 |
| to file the report required by division (B)(3)(b) of this section | 76006 |
| by the thirty-first day of August of any year, the department | 76007 |
| shall not disburse any payment of state subsidy funds to which the | 76008 |
| county otherwise is entitled pursuant to section 5139.34 of the | 76009 |
| Revised Code and shall not disburse pursuant to division (B) of | 76010 |
| section 5139.41 of the Revised Code the applicable allocation | 76011 |
| until the juvenile court fully complies with division (B)(3)(b) of | 76012 |
| this section. | 76013 |
| (c) If the department requires the juvenile court to prepare | 76014 |
| monthly statistical reports and to submit the reports on forms | 76015 |
| provided by the department, the juvenile court shall file those | 76016 |
| reports with the department on the forms so provided. If the | 76017 |
| juvenile court fails to prepare and submit those monthly | 76018 |
| statistical reports within the department's timelines, the | 76019 |
| department shall not disburse any payment of state subsidy funds | 76020 |
| to which the county otherwise is entitled pursuant to section | 76021 |
| 5139.34 of the Revised Code and shall not disburse pursuant to | 76022 |
| division (B) of section 5139.41 of the Revised Code the applicable | 76023 |
| allocation until the juvenile court fully complies with division | 76024 |
| (B)(3)(c) of this section. If the juvenile court fails to prepare | 76025 |
| and submit those monthly statistical reports within one hundred | 76026 |
| eighty days of the date the department establishes for their | 76027 |
| submission, the department shall not disburse any payment of state | 76028 |
| subsidy funds to which the county otherwise is entitled pursuant | 76029 |
| to section 5139.34 of the Revised Code and shall not disburse | 76030 |
| pursuant to division (B) of section 5139.41 of the Revised Code | 76031 |
| the applicable allocation, and the state subsidy funds and the | 76032 |
| remainder of the applicable allocation shall revert to the | 76033 |
| department. If a juvenile court states in a monthly statistical | 76034 |
| report that the juvenile court adjudicated within a state fiscal | 76035 |
| year five hundred or more children to be delinquent children for | 76036 |
| committing acts that would be felonies if committed by adults and | 76037 |
| if the department determines that the data in the report may be | 76038 |
| inaccurate, the juvenile court shall have an independent auditor | 76039 |
| or other qualified entity certify the accuracy of the data on a | 76040 |
| date determined by the department. | 76041 |
| (d) If the department requires the juvenile court and the | 76042 |
| county to participate in a fiscal monitoring program or another | 76043 |
| monitoring program that is conducted by the department to ensure | 76044 |
| compliance by the juvenile court and the county with division (B) | 76045 |
| of this section, the juvenile court and the county shall | 76046 |
| participate in the program and fully comply with any guidelines | 76047 |
| for the performance of audits adopted by the department pursuant | 76048 |
| to that program and all requests made by the department pursuant | 76049 |
| to that program for information necessary to reconcile fiscal | 76050 |
| accounting. If an audit that is performed pursuant to a fiscal | 76051 |
| monitoring program or another monitoring program described in this | 76052 |
| division determines that the juvenile court or the county used | 76053 |
| moneys in the county's felony delinquent care and custody fund for | 76054 |
| expenses that are not authorized under division (B) of this | 76055 |
| section, within forty-five days after the department notifies the | 76056 |
| county of the unauthorized expenditures, the county either shall | 76057 |
| repay the amount of the unauthorized expenditures from the county | 76058 |
| general revenue fund to the state's general revenue fund or shall | 76059 |
| file a written appeal with the department. If an appeal is timely | 76060 |
| filed, the director of the department shall render a decision on | 76061 |
| the appeal and shall notify the appellant county or its juvenile | 76062 |
| court of that decision within forty-five days after the date that | 76063 |
| the appeal is filed. If the director denies an appeal, the | 76064 |
| county's fiscal agent shall repay the amount of the unauthorized | 76065 |
| expenditures from the county general revenue fund to the state's | 76066 |
| general revenue fund within thirty days after receiving the | 76067 |
| director's notification of the appeal decision. | 76068 |
| (C) The determination of which county a reduction of the | 76069 |
| care and custody allocation will be charged against for a | 76070 |
| particular youth shall be made as outlined below for all youths | 76071 |
| who do not qualify as public safety beds. The determination of | 76072 |
| which county a reduction of the care and custody allocation will | 76073 |
| be charged against shall be made as follows until each youth is | 76074 |
| released: | 76075 |
| (1) In the event of a commitment, the reduction shall be | 76076 |
| charged against the committing county. | 76077 |
| (2) In the event of a recommitment, the reduction shall be | 76078 |
| charged against the original committing county until the | 76079 |
| expiration of the minimum period of institutionalization under the | 76080 |
| original order of commitment or until the date on which the youth | 76081 |
| is admitted to the department of youth services pursuant to the | 76082 |
| order of recommitment, whichever is later. Reductions of the | 76083 |
| allocation shall be charged against the county that recommitted | 76084 |
| the youth after the minimum expiration date of the original | 76085 |
| commitment. | 76086 |
| (3) In the event of a revocation of a release on parole, the | 76087 |
| reduction shall be charged against the county that revokes the | 76088 |
| youth's parole. | 76089 |
| (D) A juvenile court is not precluded by its allocation | 76090 |
| amount for the care and custody of felony delinquents from | 76091 |
| committing a felony delinquent to the department of youth services | 76092 |
| for care and custody in an institution or a community corrections | 76093 |
| facility when the juvenile court determines that the commitment is | 76094 |
| appropriate. | 76095 |
| Sec. 5155.38. As used in this section, "long-term care bed" | 76096 |
| has the same meaning as in section 3702.51 of the Revised Code. | 76097 |
| The operator of each county home and each county nursing home | 76098 |
| shall, not later than November 1, 2009, certify to the director of | 76099 |
| health the number of long-term care beds that were in operation in | 76100 |
| the home on July 1, 1993. The certification shall be accompanied | 76101 |
| by any documentation requested by the director. | 76102 |
| Sec. 5502.01. (A) The department of public safety shall | 76103 |
| administer and enforce the laws relating to the registration, | 76104 |
| licensing, sale, and operation of motor vehicles and the laws | 76105 |
| pertaining to the licensing of drivers of motor vehicles. | 76106 |
| The department shall compile, analyze, and publish statistics | 76107 |
| relative to motor vehicle accidents and the causes of them, | 76108 |
| prepare and conduct educational programs for the purpose of | 76109 |
| promoting safety in the operation of motor vehicles on the | 76110 |
| highways, and conduct research and studies for the purpose of | 76111 |
| promoting safety on the highways of this state. | 76112 |
| (B) The department shall administer the laws and rules | 76113 |
| relative to trauma and emergency medical services specified in | 76114 |
| Chapter 4765. of the Revised Code. | 76115 |
| (C) The department shall administer and enforce the laws | 76116 |
| contained in Chapters 4301. and 4303. of the Revised Code and | 76117 |
| enforce the rules and orders of the liquor control commission | 76118 |
| pertaining to retail liquor permit holders. | 76119 |
| (D) The department shall administer the laws governing the | 76120 |
| state emergency management agency and shall enforce all additional | 76121 |
| duties and responsibilities as prescribed in the Revised Code | 76122 |
| related to emergency management services. | 76123 |
| (E) The department shall conduct investigations pursuant to | 76124 |
| Chapter 5101. of the Revised Code in support of the duty of the | 76125 |
|
department of
job and family
services to administer | 76126 |
| 76127 | |
| this state. The department of public safety shall conduct | 76128 |
| investigations necessary to protect the state's property rights | 76129 |
|
and interests in the | 76130 |
| program. | 76131 |
| (F) The department of public safety shall enforce compliance | 76132 |
| with orders and rules of the public utilities commission and | 76133 |
| applicable laws in accordance with Chapters 4919., 4921., and | 76134 |
| 4923. of the Revised Code regarding commercial motor vehicle | 76135 |
| transportation safety, economic, and hazardous materials | 76136 |
| requirements. | 76137 |
| (G) Notwithstanding Chapter 4117. of the Revised Code, the | 76138 |
| department of public safety may establish requirements for its | 76139 |
| enforcement personnel, including its enforcement agents described | 76140 |
| in section 5502.14 of the Revised Code, that include standards of | 76141 |
| conduct, work rules and procedures, and criteria for eligibility | 76142 |
| as law enforcement personnel. | 76143 |
| (H) The department shall administer, maintain, and operate | 76144 |
| the Ohio criminal justice network. The Ohio criminal justice | 76145 |
| network shall be a computer network that supports state and local | 76146 |
| criminal justice activities. The network shall be an electronic | 76147 |
| repository for various data, which may include arrest warrants, | 76148 |
| notices of persons wanted by law enforcement agencies, criminal | 76149 |
| records, prison inmate records, stolen vehicle records, vehicle | 76150 |
| operator's licenses, and vehicle registrations and titles. | 76151 |
| (I) The department shall coordinate all homeland security | 76152 |
| activities of all state agencies and shall be a liaison between | 76153 |
| state agencies and local entities for those activities and related | 76154 |
| purposes. | 76155 |
| (J) Beginning July 1, 2004, the department shall administer | 76156 |
| and enforce the laws relative to private investigators and | 76157 |
| security service providers specified in Chapter 4749. of the | 76158 |
| Revised Code. | 76159 |
| (K) The department shall administer criminal justice services | 76160 |
| in accordance with sections 5502.61 to 5502.66 of the Revised | 76161 |
| Code. | 76162 |
| Sec. 5502.12. (A) The accident reports submitted pursuant to | 76163 |
| section 5502.11 of the Revised Code shall be for the use of the | 76164 |
| director of public safety for purposes of statistical, safety, and | 76165 |
| other studies. The law enforcement agency that submitted a report | 76166 |
| shall furnish a copy of such report and associated documents to | 76167 |
| any person claiming an interest arising out of a motor vehicle | 76168 |
| accident, or to the person's attorney, upon the payment of a | 76169 |
|
nonrefundable fee
| 76170 |
| amount approved by the board of county commissioners of the county | 76171 |
| in which the law enforcement agency is located as provided in | 76172 |
| division (B) of this section. With respect to accidents | 76173 |
| investigated by the state highway patrol, the director of public | 76174 |
| safety shall furnish to such person all related reports and | 76175 |
| statements upon the payment of a nonrefundable fee of four | 76176 |
| dollars. The cost of photographs or any other electronic format | 76177 |
| shall be a four-dollar fee in addition to the nonrefundable | 76178 |
| four-dollar fee for the accident report, whether the report was | 76179 |
| submitted by the state highway patrol or another law enforcement | 76180 |
| agency. A law enforcement agency may charge a fee that is in | 76181 |
| excess of four dollars for photographs and other electronic | 76182 |
| formats if such a fee is approved by a board of county | 76183 |
| commissioners of the county in which the law enforcement agency is | 76184 |
| located as provided in division (B) of this section. | 76185 |
| Such state highway patrol reports, statements, and | 76186 |
| photographs, in the discretion of the director of public safety, | 76187 |
| may be withheld until all criminal prosecution has been concluded; | 76188 |
| the director of public safety may require proof, satisfactory to | 76189 |
| the director, of the right of any applicant to be furnished such | 76190 |
| documents. | 76191 |
| (B) If, after the effective date of this amendment, the state | 76192 |
| highway patrol is authorized to charge a nonrefundable fee in | 76193 |
| excess of four dollars for an accident report relating to an | 76194 |
| accident investigated by the state highway patrol and all related | 76195 |
| reports and statements or a fee in excess of four dollars for | 76196 |
| photographs or other electronic formats related to an accident | 76197 |
| report, a law enforcement agency described in section 5502.11 of | 76198 |
| the Revised Code shall be authorized to charge that same fee for | 76199 |
| an accident report relating to an accident investigated by that | 76200 |
| law enforcement agency and all related reports and statements or | 76201 |
| for photographs or other electronic formats related to an accident | 76202 |
| report investigated by that law enforcement agency upon approval | 76203 |
| of the board of county commissioners of the county in which that | 76204 |
| law enforcement agency is located. | 76205 |
| Sec. 5502.14. (A) As used in this section, "felony" has the | 76206 |
| same meaning as in section 109.511 of the Revised Code. | 76207 |
| (B)(1) Any person who is employed by the department of public | 76208 |
| safety and designated by the director of public safety to enforce | 76209 |
| Title XLIII of the Revised Code, the rules adopted under it, and | 76210 |
|
the laws and rules
regulating the use of | 76211 |
| nutrition assistance program benefits shall be known as an | 76212 |
| enforcement agent. The employment by the department of public | 76213 |
| safety and the designation by the director of public safety of a | 76214 |
| person as an enforcement agent shall be subject to division (D) of | 76215 |
| this section. An enforcement agent has the authority vested in | 76216 |
| peace officers pursuant to section 2935.03 of the Revised Code to | 76217 |
| keep the peace, to enforce all applicable laws and rules on any | 76218 |
| retail liquor permit premises, or on any other premises of public | 76219 |
| or private property, where a violation of Title XLIII of the | 76220 |
| Revised Code or any rule adopted under it is occurring, and to | 76221 |
|
enforce all laws and
rules governing the use of
| 76222 |
| supplemental nutrition assistance program benefits, women, | 76223 |
| infants, and children's coupons, electronically transferred | 76224 |
| benefits, or any other access device that is used alone or in | 76225 |
| conjunction with another access device to obtain payments, | 76226 |
| allotments, benefits, money, goods, or other things of value, or | 76227 |
| that can be used to initiate a transfer of funds, pursuant to the | 76228 |
| 76229 | |
|
under the
| 76230 |
| 2008 (7
U.S.C. | 76231 |
| food program administered by any department of this state pursuant | 76232 |
| to the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.A. | 76233 |
| 1786. Enforcement agents, in enforcing compliance with the laws | 76234 |
| and rules described in this division, may keep the peace and make | 76235 |
| arrests for violations of those laws and rules. | 76236 |
| (2) In addition to the authority conferred by division (B)(1) | 76237 |
| of this section, an enforcement agent also may execute search | 76238 |
| warrants and seize and take into custody any contraband, as | 76239 |
| defined in section 2901.01 of the Revised Code, or any property | 76240 |
| that is otherwise necessary for evidentiary purposes related to | 76241 |
| any violations of the laws or rules described in division (B)(1) | 76242 |
| of this section. An enforcement agent may enter public or private | 76243 |
| premises where activity alleged to violate the laws or rules | 76244 |
| described in division (B)(1) of this section is occurring. | 76245 |
| (3) Enforcement agents who are on, immediately adjacent to, | 76246 |
| or across from retail liquor permit premises and who are | 76247 |
| performing investigative duties relating to that premises, | 76248 |
| enforcement agents who are on premises that are not liquor permit | 76249 |
| premises but on which a violation of Title XLIII of the Revised | 76250 |
| Code or any rule adopted under it allegedly is occurring, and | 76251 |
| enforcement agents who view a suspected violation of Title XLIII | 76252 |
| of the Revised Code, of a rule adopted under it, or of another law | 76253 |
| or rule described in division (B)(1) of this section have the | 76254 |
| authority to enforce the laws and rules described in division | 76255 |
| (B)(1) of this section, authority to enforce any section in Title | 76256 |
| XXIX of the Revised Code or any other section of the Revised Code | 76257 |
| listed in section 5502.13 of the Revised Code if they witness a | 76258 |
| violation of the section under any of the circumstances described | 76259 |
| in this division, and authority to make arrests for violations of | 76260 |
| the laws and rules described in division (B)(1) of this section | 76261 |
| and violations of any of those sections. | 76262 |
| (4) The jurisdiction of an enforcement agent under division | 76263 |
| (B) of this section shall be concurrent with that of the peace | 76264 |
| officers of the county, township, or municipal corporation in | 76265 |
| which the violation occurs. | 76266 |
| (C) Enforcement agents of the department of public safety who | 76267 |
| are engaged in the enforcement of the laws and rules described in | 76268 |
| division (B)(1) of this section may carry concealed weapons when | 76269 |
| conducting undercover investigations pursuant to their authority | 76270 |
| as law enforcement officers and while acting within the scope of | 76271 |
| their authority pursuant to this chapter. | 76272 |
| (D)(1) The department of public safety shall not employ, and | 76273 |
| the director of public safety shall not designate, a person as an | 76274 |
| enforcement agent on a permanent basis, on a temporary basis, for | 76275 |
| a probationary term, or on other than a permanent basis if the | 76276 |
| person previously has been convicted of or has pleaded guilty to a | 76277 |
| felony. | 76278 |
| (2)(a) The department of public safety shall terminate the | 76279 |
| employment of a person who is designated as an enforcement agent | 76280 |
| and who does either of the following: | 76281 |
| (i) Pleads guilty to a felony; | 76282 |
| (ii) Pleads guilty to a misdemeanor pursuant to a negotiated | 76283 |
| plea agreement as provided in division (D) of section 2929.43 of | 76284 |
| the Revised Code in which the enforcement agent agrees to | 76285 |
| surrender the certificate awarded to that agent under section | 76286 |
| 109.77 of the Revised Code. | 76287 |
| (b) The department shall suspend the employment of a person | 76288 |
| who is designated as an enforcement agent if the person is | 76289 |
| convicted, after trial, of a felony. If the enforcement agent | 76290 |
| files an appeal from that conviction and the conviction is upheld | 76291 |
| by the highest court to which the appeal is taken or if no timely | 76292 |
| appeal is filed, the department shall terminate the employment of | 76293 |
| that agent. If the enforcement agent files an appeal that results | 76294 |
| in that agent's acquittal of the felony or conviction of a | 76295 |
| misdemeanor, or in the dismissal of the felony charge against the | 76296 |
| agent, the department shall reinstate the agent. An enforcement | 76297 |
| agent who is reinstated under division (D)(2)(b) of this section | 76298 |
| shall not receive any back pay unless the conviction of that agent | 76299 |
| of the felony was reversed on appeal, or the felony charge was | 76300 |
| dismissed, because the court found insufficient evidence to | 76301 |
| convict the agent of the felony. | 76302 |
| (3) Division (D) of this section does not apply regarding an | 76303 |
| offense that was committed prior to January 1, 1997. | 76304 |
| (4) The suspension or termination of the employment of a | 76305 |
| person designated as an enforcement agent under division (D)(2) of | 76306 |
| this section shall be in accordance with Chapter 119. of the | 76307 |
| Revised Code. | 76308 |
| Sec. 5502.15. Any funding provided or made available by the | 76309 |
| United States or by any agency designated and authorized by the | 76310 |
| United States government for the purposes of enforcing compliance | 76311 |
|
with | 76312 |
| shall be expended by the department of public safety for those | 76313 |
| purposes. | 76314 |
| Sec. 5537.051. (A) The Ohio turnpike commission is | 76315 |
| responsible for the major maintenance and repair and replacement | 76316 |
| of grade separations at intersections of any turnpike project with | 76317 |
| county and township roads. The governmental entity with | 76318 |
| jurisdiction over the county or township road is responsible for | 76319 |
| routine maintenance of grade separations. | 76320 |
| (B) As used in this section: | 76321 |
| (1) "Major maintenance and repair and replacement" relates to | 76322 |
| all elements constructed as part of or required for a grade | 76323 |
| separation, including box culverts, bridges, pile, foundations, | 76324 |
| substructures, abutments, piers, superstructures, approach slabs, | 76325 |
| slopes, approaches, embankments, railing, guardrails, drainage | 76326 |
| facilities including headwalls, and underdrains, inlets, catch | 76327 |
| basins and grates, fences, and appurtenances. Major maintenance | 76328 |
| and repair includes the painting and the repair of deteriorated or | 76329 |
| damaged elements to restore the structural integrity of any grade | 76330 |
| separation including embankments. | 76331 |
| (2) "Routine maintenance" includes, without limitation, | 76332 |
| clearing debris, sweeping, snow and ice removal, wearing surface | 76333 |
| improvements, marking for traffic control, minor and emergency | 76334 |
| repairs to railing and appurtenances, and emergency patching. | 76335 |
| Sec. 5701.11. The effective date to which this section | 76336 |
|
refers is the effective date of this section as amended by
| 76337 |
|
H.B. | 76338 |
| (A)(1) Except as provided under division (A)(2) or (B) of | 76339 |
| this section, any reference in Title LVII of the Revised Code to | 76340 |
| the Internal Revenue Code, to the Internal Revenue Code "as | 76341 |
| amended," to other laws of the United States, or to other laws of | 76342 |
| the United States, "as amended," means the Internal Revenue Code | 76343 |
| or other laws of the United States as they exist on the effective | 76344 |
| date. | 76345 |
| (2) This section does not apply to any reference in Title | 76346 |
| LVII of the Revised Code to the Internal Revenue Code as of a date | 76347 |
| certain specifying the day, month, and year, or to other laws of | 76348 |
| the United States as of a date certain specifying the day, month, | 76349 |
| and year. | 76350 |
| (B)(1) For purposes of applying section 5733.04, 5745.01, or | 76351 |
| 5747.01 of the Revised Code to a taxpayer's taxable year ending | 76352 |
|
after December | 76353 |
| a taxpayer may irrevocably elect to incorporate the provisions | 76354 |
| of the Internal Revenue Code or other laws of the United States | 76355 |
| that are in effect for federal income tax purposes for that | 76356 |
| taxable year if those provisions differ from the provisions | 76357 |
| that, under division (A) of this section, would otherwise apply. | 76358 |
| The filing by the taxpayer for that taxable year of a report or | 76359 |
| return that incorporates the provisions of the Internal Revenue | 76360 |
| Code or other laws of the United States applicable for federal | 76361 |
| income tax purposes for that taxable year, and that does not | 76362 |
| include any adjustments to reverse the effects of any | 76363 |
| differences between those provisions and the provisions that | 76364 |
| would otherwise apply, constitutes the making of an irrevocable | 76365 |
| election under this division for that taxable year. | 76366 |
| (2) Elections under prior versions of division (B)(1) of this | 76367 |
| section remain in effect for the taxable years to which they | 76368 |
| apply. | 76369 |
| Sec. 5703.21. (A) Except as provided in divisions (B) and | 76370 |
| (C) of this section, no agent of the department of taxation, | 76371 |
| except in the agent's report to the department or when called on | 76372 |
| to testify in any court or proceeding, shall divulge any | 76373 |
| information acquired by the agent as to the transactions, | 76374 |
| property, or business of any person while acting or claiming to | 76375 |
| act under orders of the department. Whoever violates this | 76376 |
| provision shall thereafter be disqualified from acting as an | 76377 |
| officer or employee or in any other capacity under appointment or | 76378 |
| employment of the department. | 76379 |
| (B)(1) For purposes of an audit pursuant to section 117.15 of | 76380 |
| the Revised Code, or an audit of the department pursuant to | 76381 |
| Chapter 117. of the Revised Code, or an audit, pursuant to that | 76382 |
| chapter, the objective of which is to express an opinion on a | 76383 |
| financial report or statement prepared or issued pursuant to | 76384 |
| division (A)(7) or (9) of section 126.21 of the Revised Code, the | 76385 |
| officers and employees of the auditor of state charged with | 76386 |
| conducting the audit shall have access to and the right to examine | 76387 |
| any state tax returns and state tax return information in the | 76388 |
| possession of the department to the extent that the access and | 76389 |
| examination are necessary for purposes of the audit. Any | 76390 |
| information acquired as the result of that access and examination | 76391 |
| shall not be divulged for any purpose other than as required for | 76392 |
| the audit or unless the officers and employees are required to | 76393 |
| testify in a court or proceeding under compulsion of legal | 76394 |
| process. Whoever violates this provision shall thereafter be | 76395 |
| disqualified from acting as an officer or employee or in any other | 76396 |
| capacity under appointment or employment of the auditor of state. | 76397 |
| (2) For purposes of an internal audit pursuant to section | 76398 |
| 126.45 of the Revised Code, the officers and employees of the | 76399 |
| office of internal auditing in the office of budget and management | 76400 |
| charged with conducting the internal audit shall have access to | 76401 |
| and the right to examine any state tax returns and state tax | 76402 |
| return information in the possession of the department to the | 76403 |
| extent that the access and examination are necessary for purposes | 76404 |
| of the internal audit. Any information acquired as the result of | 76405 |
| that access and examination shall not be divulged for any purpose | 76406 |
| other than as required for the internal audit or unless the | 76407 |
| officers and employees are required to testify in a court or | 76408 |
| proceeding under compulsion of legal process. Whoever violates | 76409 |
| this provision shall thereafter be disqualified from acting as an | 76410 |
| officer or employee or in any other capacity under appointment or | 76411 |
| employment of the office of internal auditing. | 76412 |
| (3) As provided by section 6103(d)(2) of the Internal Revenue | 76413 |
| Code, any federal tax returns or federal tax information that the | 76414 |
| department has acquired from the internal revenue service, through | 76415 |
| federal and state statutory authority, may be disclosed to the | 76416 |
| auditor of state or the office of internal auditing solely for | 76417 |
| purposes of an audit of the department. | 76418 |
| (4) For purposes of Chapter 3739. of the Revised Code, an | 76419 |
| agent of the department of taxation may share information with the | 76420 |
| division of state fire marshal that the agent finds during the | 76421 |
| course of an investigation. | 76422 |
| (C) Division (A) of this section does not prohibit any of the | 76423 |
| following: | 76424 |
| (1) Divulging information contained in applications, | 76425 |
| complaints, and related documents filed with the department under | 76426 |
| section 5715.27 of the Revised Code or in applications filed with | 76427 |
| the department under section 5715.39 of the Revised Code; | 76428 |
| (2) Providing information to the office of child support | 76429 |
| within the department of job and family services pursuant to | 76430 |
| section 3125.43 of the Revised Code; | 76431 |
| (3) Disclosing to the board of motor vehicle collision repair | 76432 |
| registration any information in the possession of the department | 76433 |
| that is necessary for the board to verify the existence of an | 76434 |
| applicant's valid vendor's license and current state tax | 76435 |
| identification number under section 4775.07 of the Revised Code; | 76436 |
| (4) Providing information to the administrator of workers' | 76437 |
| compensation pursuant to sections 4123.271 and 4123.591 of the | 76438 |
| Revised Code; | 76439 |
| (5) Providing to the attorney general information the | 76440 |
| department obtains under division (J) of section 1346.01 of the | 76441 |
| Revised Code; | 76442 |
| (6) Permitting properly authorized officers, employees, or | 76443 |
| agents of a municipal corporation from inspecting reports or | 76444 |
| information pursuant to rules adopted under section 5745.16 of the | 76445 |
| Revised Code; | 76446 |
| (7) Providing information regarding the name, account number, | 76447 |
| or business address of a holder of a vendor's license issued | 76448 |
| pursuant to section 5739.17 of the Revised Code, a holder of a | 76449 |
| direct payment permit issued pursuant to section 5739.031 of the | 76450 |
| Revised Code, or a seller having a use tax account maintained | 76451 |
| pursuant to section 5741.17 of the Revised Code, or information | 76452 |
| regarding the active or inactive status of a vendor's license, | 76453 |
| direct payment permit, or seller's use tax account; | 76454 |
| (8) Releasing invoices or invoice information furnished under | 76455 |
| section 4301.433 of the Revised Code pursuant to that section; | 76456 |
| (9) Providing to a county auditor notices or documents | 76457 |
| concerning or affecting the taxable value of property in the | 76458 |
| county auditor's county. Unless authorized by law to disclose | 76459 |
| documents so provided, the county auditor shall not disclose such | 76460 |
| documents; | 76461 |
| (10) Providing to a county auditor sales or use tax return or | 76462 |
| audit information under section 333.06 of the Revised Code; | 76463 |
| (11) Subject to section 4301.441 of the Revised Code, | 76464 |
| disclosing to the appropriate state agency information in the | 76465 |
| possession of the department of taxation that is necessary to | 76466 |
| verify a permit holder's gallonage or noncompliance with taxes | 76467 |
|
levied under Chapter 4301. or 4305. of the Revised Code | 76468 |
| (12) Disclosing to the department of natural resources | 76469 |
| information in the possession of the department that is necessary | 76470 |
| to verify the taxpayer's compliance with division (A)(1), (8), or | 76471 |
| (9) of section 5749.02 of the Revised Code; | 76472 |
| (13) Disclosing to the department of job and family services, | 76473 |
| industrial commission, and bureau of workers' compensation | 76474 |
| information in the possession of the department of taxation solely | 76475 |
| for the purpose of identifying employers that misclassify | 76476 |
| employees as independent contractors or that fail to properly | 76477 |
| report and pay employer tax liabilities. The department of | 76478 |
| taxation shall disclose only such information that is necessary | 76479 |
| to verify employer compliance with law administered by those | 76480 |
| agencies. | 76481 |
| Sec. 5703.37. | 76482 |
| (B) of this section, whenever service of a notice or order is | 76483 |
|
required in the manner provided in
this
section, a
| 76484 |
|
of
the
| 76485 |
|
affected
thereby
either
by
personal
service or
by
certified mail | 76486 |
| 76487 | |
| 76488 | |
| 76489 | |
| 76490 | |
| 76491 | |
| 76492 | |
| delivery. | 76493 |
| (2) With the permission of the person affected by the notice | 76494 |
| or order, the commissioner may enter into a written agreement to | 76495 |
| deliver a notice or order by alternative means as provided in this | 76496 |
| section, including, but not limited to, delivery by secure | 76497 |
| electronic mail. Delivery by such means satisfies the requirements | 76498 |
| for delivery under this section. | 76499 |
| (B)(1)(a) If certified mail is returned because of an | 76500 |
| undeliverable address, the commissioner shall first utilize | 76501 |
| reasonable means to ascertain a new last known address, including | 76502 |
| the use of a change of address service offered by the United | 76503 |
| States postal service. If, after using reasonable means, the | 76504 |
| commissioner is unable to ascertain a new last known address, the | 76505 |
| assessment is final for purposes of section 131.02 of the Revised | 76506 |
| Code sixty days after the notice or order sent by certified mail | 76507 |
| is first returned to the commissioner, and the commissioner shall | 76508 |
| certify the notice or order, if applicable, to the attorney | 76509 |
| general for collection under section 131.02 of the Revised Code. | 76510 |
| (b) Notwithstanding certification to the attorney general | 76511 |
| under division (B)(1)(a) of this section, once the commissioner or | 76512 |
| attorney general, or the designee of either, makes an initial | 76513 |
| contact with the person to whom the notice or order is directed, | 76514 |
| the person may protest an assessment by filing a petition for | 76515 |
| reassessment within sixty days after the initial contact. The | 76516 |
| certification of an assessment under division (B)(1)(a) of this | 76517 |
| section is prima-facie evidence that delivery is complete and that | 76518 |
| the notice or order is served. | 76519 |
| (2) If mailing of a notice or order by certified mail is | 76520 |
| returned for some cause other than an undeliverable address, the | 76521 |
| tax commissioner shall resend the notice or order by ordinary | 76522 |
| mail. The notice or order shall show the date the commissioner | 76523 |
| sends the notice or order and include the following statement: | 76524 |
| "This notice or order is deemed to be served on the addressee | 76525 |
| under applicable law ten days from the date this notice or order | 76526 |
| was mailed by the commissioner as shown on the notice or order, | 76527 |
| and all periods within which an appeal may be filed apply from and | 76528 |
| after that date." | 76529 |
| Unless the mailing is returned because of an undeliverable | 76530 |
| address, the mailing of that information is prima-facie evidence | 76531 |
| that delivery of the notice or order was completed ten days after | 76532 |
| the commissioner sent the notice or order by ordinary mail and | 76533 |
| that the notice or order was served. | 76534 |
| If the ordinary mail is subsequently returned because of an | 76535 |
| undeliverable address, the commissioner shall proceed under | 76536 |
| division (B)(1)(a) of this section. A person may challenge the | 76537 |
| presumption of delivery and service under this division in | 76538 |
| accordance with division (C) of this section. | 76539 |
| (C)(1) A person disputing the presumption of delivery and | 76540 |
| service under division (B) of this section bears the burden of | 76541 |
| proving by a preponderance of the evidence that the address to | 76542 |
| which the notice or order was sent was not an address with which | 76543 |
| the person was associated at the time the commissioner originally | 76544 |
| mailed the notice or order by certified mail. For the purposes of | 76545 |
| this section, a person is associated with an address at the time | 76546 |
| the commissioner originally mailed the notice or order if, at that | 76547 |
| time, the person was residing, receiving legal documents, or | 76548 |
| conducting business at the address; or if, before that time, the | 76549 |
| person had conducted business at the address and, when the notice | 76550 |
| or order was mailed, the person's agent or the person's affiliate | 76551 |
| was conducting business at the address. For the purposes of this | 76552 |
| section, a person's affiliate is any other person that, at the | 76553 |
| time the notice or order was mailed, owned or controlled at least | 76554 |
| twenty per cent, as determined by voting rights, of the | 76555 |
| addressee's business. | 76556 |
| (2) If the person elects to protest an assessment certified | 76557 |
| to the attorney general for collection, the person must do so | 76558 |
| within sixty days after the attorney general's initial contact | 76559 |
| with the person. The attorney general may enter into a compromise | 76560 |
| with the person under sections 131.02 and 5703.06 of the Revised | 76561 |
| Code if the person does not file a petition for reassessment with | 76562 |
| the tax commissioner. | 76563 |
| (D) Nothing in this section prohibits the tax commissioner or | 76564 |
| the commissioner's designee from delivering a notice or order by | 76565 |
| personal service. | 76566 |
| (E) Collection actions taken pursuant to section 131.02 of | 76567 |
| the Revised Code upon any assessment being challenged under | 76568 |
| division (B)(1)(b) of this section shall be stayed upon the | 76569 |
| pendency of an appeal under this section. If a petition for | 76570 |
| reassessment is filed pursuant to this section on a claim that has | 76571 |
| been certified to the attorney general for collection, the claim | 76572 |
| shall be uncertified. | 76573 |
| (F) As used in this section: | 76574 |
| (1) "Last known address" means the address the department has | 76575 |
| at the time the document is originally sent by certified mail, or | 76576 |
| any address the department can ascertain using reasonable means | 76577 |
| such as the use of a change of address service offered by the | 76578 |
| United States postal service. | 76579 |
| (2) "Undeliverable address" means an address to which the | 76580 |
| United States postal service is not able to deliver a notice or | 76581 |
| order, except when the reason for nondelivery is because the | 76582 |
| addressee fails to acknowledge or accept the notice or order. | 76583 |
| Sec. 5703.80. There is hereby created in the state treasury | 76584 |
| the property tax administration fund. All money to the credit of | 76585 |
| the fund shall be used to defray the costs incurred by the | 76586 |
| department of taxation in administering the taxation of property | 76587 |
| and the equalization of real property valuation. | 76588 |
| Each fiscal year between the first and fifteenth days of | 76589 |
| July, the tax commissioner shall compute the following amounts for | 76590 |
| the property in each taxing district in each county, and certify | 76591 |
| to the director of budget and management the sum of those amounts | 76592 |
| for all taxing districts in all counties: | 76593 |
|
(A) For fiscal year | 76594 |
| hundredths of one per cent of the total amount by which taxes | 76595 |
| charged against real property on the general tax list of real and | 76596 |
| public utility property were reduced under section 319.302 of the | 76597 |
| Revised Code for the preceding tax year; | 76598 |
|
(B) For fiscal year | 76599 |
| forty-eight hundredths of one per cent of the total amount by | 76600 |
| which taxes charged against real property on the general tax list | 76601 |
| of real and public utility property were reduced under section | 76602 |
| 319.302 of the Revised Code for the preceding tax year; | 76603 |
| (C) For fiscal year | 76604 |
| per cent of the total amount of taxes charged and payable against | 76605 |
| public utility personal property on the general tax list of real | 76606 |
| and public utility property for the preceding tax year and of the | 76607 |
| total amount of taxes charged and payable against tangible | 76608 |
| personal property on the general tax list of personal property of | 76609 |
| the preceding tax year and for which returns were filed with the | 76610 |
| tax commissioner under section 5711.13 of the Revised Code; | 76611 |
|
(D) For fiscal year | 76612 |
| 76613 | |
| the total amount of taxes charged and payable against public | 76614 |
| utility personal property on the general tax list of real and | 76615 |
| public utility property for the preceding tax year and of the | 76616 |
| total amount of taxes charged and payable against tangible | 76617 |
| personal property on the general tax list of personal property of | 76618 |
| the preceding tax year and for which returns were filed with the | 76619 |
|
tax commissioner under section 5711.13 of the Revised Code | 76620 |
| | 76621 |
| 76622 | |
| 76623 | |
| 76624 | |
| 76625 | |
| 76626 | |
| 76627 | |
| 76628 |
| | 76629 |
| 76630 | |
| 76631 | |
| 76632 | |
| 76633 | |
| 76634 | |
| 76635 | |
| 76636 | |
| 76637 |
| After receiving the tax commissioner's certification, the | 76638 |
| director of budget and management shall transfer from the general | 76639 |
| revenue fund to the property tax administration fund one-fourth of | 76640 |
| the amount certified on or before each of the following days: the | 76641 |
| first days of August, November, February, and May. | 76642 |
| On or before the thirtieth day of June of the fiscal year, | 76643 |
| the tax commissioner shall certify to the director of budget and | 76644 |
| management the sum of the amounts by which the amounts computed | 76645 |
| for a taxing district under this section exceeded the | 76646 |
| distributions to the taxing district under division (F) of section | 76647 |
| 321.24 of the Revised Code, and the director shall transfer that | 76648 |
| sum from the property tax administration fund to the general | 76649 |
| revenue fund. | 76650 |
| Sec. 5705.214. Not more than three elections during any | 76651 |
| calendar year shall include the questions by a school district of | 76652 |
| tax levies proposed under any one or any combination of the | 76653 |
| following sections: sections 5705.194, 5705.199, 5705.21, | 76654 |
|
5705.212, 5705.213, 5705.217, | 76655 |
| Revised Code. | 76656 |
| Sec. 5705.219. (A) As used in this section: | 76657 |
| (1) "Eligible school district" means a city, local, or | 76658 |
| exempted village school district in which the taxes charged and | 76659 |
| payable for current expenses on residential/agricultural real | 76660 |
| property in the tax year preceding the year in which the levy | 76661 |
| authorized by this section will be submitted for elector approval | 76662 |
| or rejection are greater than two per cent of the taxable value of | 76663 |
| the residential/agricultural real property. | 76664 |
| (2) "Residential/agricultural real property" and | 76665 |
| "nonresidential/agricultural real property" means the property | 76666 |
| classified as such under section 5713.041 of the Revised Code. | 76667 |
| (3) "Effective tax rate" and "taxes charged and payable" have | 76668 |
| the same meanings as in division (B) of section 319.301 of the | 76669 |
| Revised Code. | 76670 |
| (B) On or after January 1, 2010, the board of education of an | 76671 |
| eligible school district, by a vote of two-thirds of all its | 76672 |
| members, may adopt a resolution proposing to convert existing | 76673 |
| levies imposed for the purpose of current expenses into a levy | 76674 |
| raising a specified amount of tax money by repealing all or a | 76675 |
| portion of one or more of those existing levies and imposing a | 76676 |
| levy in excess of the ten-mill limitation that will raise a | 76677 |
| specified amount of money for current expenses of the district. | 76678 |
| The board of education shall certify a copy of the resolution | 76679 |
| to the tax commissioner not later than ninety days before the | 76680 |
| election upon which the repeal and levy authorized by this section | 76681 |
| will be proposed to the electors. Within ten days after receiving | 76682 |
| the copy of the resolution, the tax commissioner shall determine | 76683 |
| each of the following and certify the determinations to the board | 76684 |
| of education: | 76685 |
| (1) The dollar amount to be raised by the proposed levy, | 76686 |
| which shall be the product of: | 76687 |
| (a) The difference between the aggregate effective tax rate | 76688 |
| for residential/agricultural real property for the tax year | 76689 |
| preceding the year in which the repeal and levy will be proposed | 76690 |
| to the electors and twenty mills per dollar of taxable value; | 76691 |
| (b) The total taxable value of all property on the tax list | 76692 |
| of real and public utility property for the tax year preceding the | 76693 |
| year in which the repeal and levy will be proposed to the | 76694 |
| electors. | 76695 |
| (2) The estimated tax rate of the proposed levy. | 76696 |
| (3) The existing levies and any portion of an existing levy | 76697 |
| to be repealed upon approval of the question. Levies shall be | 76698 |
| repealed in reverse chronological order from most recently imposed | 76699 |
| to least recently imposed until the sum of the effective tax rates | 76700 |
| repealed for residential/agricultural real property is equal to | 76701 |
| the difference calculated in division (B)(1)(a) of this section. | 76702 |
| (4) The sum of the following: | 76703 |
| (a) The total taxable value of nonresidential/agricultural | 76704 |
| real property for the tax year preceding the year in which the | 76705 |
| repeal and levy will be proposed to the electors multiplied by the | 76706 |
| difference between (i) the aggregate effective tax rate for | 76707 |
| nonresidential/agricultural real property for the existing levies | 76708 |
| and any portion of an existing levy to be repealed and (ii) the | 76709 |
| amount determined under division (B)(1)(a) of this section, but | 76710 |
| not less than zero; | 76711 |
| (b) The total taxable value of public utility tangible | 76712 |
| personal property for the tax year preceding the year in which the | 76713 |
| repeal and levy will be proposed to the electors multiplied by the | 76714 |
| difference between (i) the aggregate voted tax rate for the | 76715 |
| existing levies and any portion of an existing levy to be repealed | 76716 |
| and (ii) the amount determined under division (B)(1)(a) of this | 76717 |
| section, but not less than zero. | 76718 |
| (C) Upon receipt of the certification from the tax | 76719 |
| commissioner under division (B) of this section, a majority of the | 76720 |
| members of the board of education may adopt a resolution proposing | 76721 |
| the repeal of the existing levies as identified in the | 76722 |
| certification and the imposition of a levy in excess of the | 76723 |
| ten-mill limitation that will raise annually the amount certified | 76724 |
| by the commissioner. If the board determines that the tax should | 76725 |
| be for an amount less than that certified by the commissioner, the | 76726 |
| board may request that the commissioner redetermine the rate | 76727 |
| under division (B)(2) of this section on the basis of the | 76728 |
| lesser amount the levy is to raise as specified by the board. The | 76729 |
| amount certified under division (B)(4) and the levies to be | 76730 |
| repealed as certified under division (B)(3) of this section shall | 76731 |
| not be redetermined. Within ten days after receiving a timely | 76732 |
| request specifying the lesser amount to be raised by the levy, | 76733 |
| the commissioner shall redetermine the rate and recertify it to | 76734 |
| the board as otherwise provided in division (B) of this section. | 76735 |
| Only one such request may be made by the board of education of | 76736 |
| an eligible school district. | 76737 |
| The resolution shall state the first calendar year in which | 76738 |
| the levy will be due; the existing levies and any portion of an | 76739 |
| existing levy that will be repealed, as certified by the | 76740 |
| commissioner; the term of the levy expressed in years, which may | 76741 |
| be any number not exceeding ten, or that it will be levied for a | 76742 |
| continuing period of time; and the date of the election, which | 76743 |
| shall be the date of a primary or general election. | 76744 |
| Immediately upon its passage, the resolution shall go into | 76745 |
| effect and shall be certified by the board of education to the | 76746 |
| county auditor of the proper county. The county auditor and the | 76747 |
| board of education shall proceed as required under section | 76748 |
| 5705.195 of the Revised Code. No publication of the resolution is | 76749 |
| necessary other than that provided for in the notice of election. | 76750 |
| Section 5705.196 of the Revised Code shall govern the matters | 76751 |
| concerning the election. The submission of a question to the | 76752 |
| electors under this section is subject to the limitation on the | 76753 |
| number of election dates established by section 5705.214 of the | 76754 |
| Revised Code. | 76755 |
| (D) The form of the ballot to be used at the election | 76756 |
| provided for in this section shall be as follows: | 76757 |
| "Shall the existing levy of . . . (insert the voted millage | 76758 |
| rate of the levy to be repealed), currently being charged against | 76759 |
| residential and agricultural property by the . . . (insert the | 76760 |
| name of school district) at a rate of . . . (insert the | 76761 |
| residential/agricultural real property effective tax rate of the | 76762 |
| levy being repealed) for the purpose of . . . (insert the purpose | 76763 |
| of the existing levy) be repealed, and shall a levy be imposed by | 76764 |
| the . . . (insert the name of school district) in excess of the | 76765 |
| ten-mill limitation for the necessary requirements of the school | 76766 |
| district in the sum of . . . (insert the annual amount the levy is | 76767 |
| to produce), estimated by the tax commissioner to require . . . | 76768 |
| (insert the number of mills) mills for each one dollar of | 76769 |
| valuation, which amounts to . . . (insert the rate expressed in | 76770 |
| dollars and cents) for each one hundred dollars of valuation for | 76771 |
| the initial year of the tax, for a period of . . . (insert the | 76772 |
| number of years the levy is to be imposed, or that it will be | 76773 |
| levied for a continuing period of time), commencing in . . . | 76774 |
| (insert the first year the tax is to be levied), first due in | 76775 |
| calendar year . . . (insert the first calendar year in which the | 76776 |
| tax shall be due)? | 76777 |
| 76778 |
| FOR THE REPEAL AND TAX | 76779 | ||||
| AGAINST THE REPEAL AND TAX | " | 76780 |
| 76781 |
| If the question submitted is a proposal to repeal all or a | 76782 |
| portion of more than one existing levy, the form of the ballot | 76783 |
| shall be modified by substituting the statement "shall the | 76784 |
| existing levy of" with "shall existing levies of" and inserting | 76785 |
| the aggregate voted and aggregate effective tax rates to be | 76786 |
| repealed. | 76787 |
| (E) If a majority of the electors voting on the question | 76788 |
| submitted in an election vote in favor of the repeal and levy, the | 76789 |
| result shall be certified immediately after the canvass by the | 76790 |
| board of elections to the board of education. The board of | 76791 |
| education may make the levy necessary to raise the amount | 76792 |
| specified in the resolution for the purpose stated in the | 76793 |
| resolution and shall certify it to the county auditor, who shall | 76794 |
| extend it on the current year tax lists for collection. After the | 76795 |
| first year, the levy shall be included in the annual tax budget | 76796 |
| that is certified to the county budget commission. | 76797 |
| (F) A levy imposed under this section for a continuing period | 76798 |
| of time may be decreased or repealed pursuant to section 5705.261 | 76799 |
| of the Revised Code. If a levy imposed under this section is | 76800 |
| decreased, the amount calculated under division (B)(4) of this | 76801 |
| section and paid under section 5705.2110 of the Revised Code | 76802 |
| shall be decreased by the same proportion as the levy is | 76803 |
| decreased. If the levy is repealed, no further payments shall be | 76804 |
| made to the district under that section. | 76805 |
| (G) At any time, the board of education, by a vote of | 76806 |
| two-thirds of all of its members, may adopt a resolution to renew | 76807 |
| a tax levied under this section. The resolution shall provide for | 76808 |
| levying the tax and specifically all of the following: | 76809 |
| (1) That the tax shall be called, and designated on the | 76810 |
| ballot as, a renewal levy; | 76811 |
| (2) The amount of the renewal tax, which shall be no more | 76812 |
| than the amount of tax previously collected; | 76813 |
| (3) The number of years, not to exceed ten, that the renewal | 76814 |
| tax will be levied, or that it will be levied for a continuing | 76815 |
| period of time; | 76816 |
| (4) That the purpose of the renewal tax is for current | 76817 |
| expenses. | 76818 |
| The board shall certify a copy of the resolution to the board | 76819 |
| of elections not later than seventy-five days before the date of | 76820 |
| the election at which the question is to be submitted, which shall | 76821 |
| be the date of a primary or general election. | 76822 |
| (H) The form of the ballot to be used at the election on the | 76823 |
| question of renewing a levy under this section shall be as | 76824 |
| follows: | 76825 |
| "Shall a tax levy renewing an existing levy of . . . (insert | 76826 |
| the annual dollar amount the levy is to produce each year), | 76827 |
| estimated to require . . . (insert the number of mills) mills for | 76828 |
| each one dollar of valuation be imposed by the . . . (insert the | 76829 |
| name of school district) for the purpose of current expenses for a | 76830 |
| period of . . . (insert the number of years the levy is to be | 76831 |
| imposed, or that it will be levied for a continuing period of | 76832 |
| time), commencing in . . . (insert the first year the tax is to be | 76833 |
| levied), first due in calendar year . . . (insert the first | 76834 |
| calendar year in which the tax shall be due)? | 76835 |
| 76836 |
| FOR THE RENEWAL OF THE TAX LEVY | 76837 | ||||
| AGAINST THE RENEWAL OF THE TAX LEVY | " | 76838 |
| 76839 |
| If the levy submitted is to be for less than the amount of | 76840 |
| money previously collected, the form of the ballot shall be | 76841 |
| modified to add "and reducing" after "renewing" and to add before | 76842 |
| "estimated to require" the statement "be approved at a tax rate | 76843 |
| necessary to produce . . . (insert the lower annual dollar amount | 76844 |
| the levy is to produce each year)." | 76845 |
| Sec. 5705.2110. (A) For purposes of this section: | 76846 |
| (1) "Carryover property" has the same meaning as in section | 76847 |
| 319.301 of the Revised Code. | 76848 |
| (2) "Residential/agricultural real property" has the same | 76849 |
| meaning as in section 5705.219 of the Revised Code. | 76850 |
| (B) For each city, local, or exempted village school district | 76851 |
| in which the tax authorized by section 5705.219 of the Revised | 76852 |
| Code has been approved by electors in the preceding year, the tax | 76853 |
| commissioner, not later than the twenty-eighth day of February, | 76854 |
| shall certify to the department of education the amount determined | 76855 |
| in division (B)(4) of section 5705.219 of the Revised Code. Not | 76856 |
| later than the twenty-eighth day of February of each year | 76857 |
| thereafter for twelve years, the commissioner shall certify an | 76858 |
| amount equal to the difference between the amount certified in | 76859 |
| the preceding year under this division and the product of ten | 76860 |
| mills per dollar multiplied by the excess, if any, of the value | 76861 |
| of carryover property for residential/agricultural real property | 76862 |
| for the preceding tax year over the value of carryover property | 76863 |
| for residential/agricultural real property in the second | 76864 |
| preceding tax year. If the amount to be certified in any year is | 76865 |
| zero, in the commissioner's certification the commissioner shall | 76866 |
| state that no further certifications shall be forthcoming. | 76867 |
| (C) Not later than the last day of April and of October | 76868 |
| beginning in the first year in which a certification under | 76869 |
| division (B) of this section is received, the department of | 76870 |
| education shall pay to the school district for which the | 76871 |
| certification is made one-half of the amount most recently | 76872 |
| certified by the tax commissioner. | 76873 |
| Sec. 5705.29. This section does not apply to a subdivision or | 76874 |
| taxing unit for which the county budget commission has waived the | 76875 |
| requirement to adopt a tax budget pursuant to section 5705.281 of | 76876 |
| the Revised Code. The tax budget shall present the following | 76877 |
| information in such detail as is prescribed by the auditor of | 76878 |
| state: | 76879 |
| (A)(1) A statement of the necessary current operating | 76880 |
| expenses for the ensuing fiscal year for each department and | 76881 |
| division of the subdivision, classified as to personal services | 76882 |
| and other expenses, and the fund from which such expenditures are | 76883 |
| to be made. Except in the case of a school district, this estimate | 76884 |
| may include a contingent expense not designated for any particular | 76885 |
| purpose, and not to exceed three per cent of the total amount of | 76886 |
| appropriations for current expenses. In the case of a school | 76887 |
| district, this estimate may include a contingent expense not | 76888 |
| designated for any particular purpose and not to exceed thirteen | 76889 |
| per cent of the total amount of appropriations for current | 76890 |
| expenses. | 76891 |
| (2) A statement of the expenditures for the ensuing fiscal | 76892 |
| year necessary for permanent improvements, exclusive of any | 76893 |
| expense to be paid from bond issues, classified as to the | 76894 |
| improvements contemplated by the subdivision and the fund from | 76895 |
| which such expenditures are to be made; | 76896 |
| (3) The amounts required for the payment of final judgments; | 76897 |
| (4) A statement of expenditures for the ensuing fiscal year | 76898 |
| necessary for any purpose for which a special levy is authorized, | 76899 |
| and the fund from which such expenditures are to be made; | 76900 |
| (5) Comparative statements, so far as possible, in parallel | 76901 |
| columns of corresponding items of expenditures for the current | 76902 |
| fiscal year and the two preceding fiscal years. | 76903 |
| (B)(1) An estimate of receipts from other sources than the | 76904 |
| general property tax during the ensuing fiscal year, which shall | 76905 |
| include an estimate of unencumbered balances at the end of the | 76906 |
| current fiscal year, and the funds to which such estimated | 76907 |
| receipts are credited; | 76908 |
| (2) The amount each fund requires from the general property | 76909 |
| tax, which shall be the difference between the contemplated | 76910 |
| expenditure from the fund and the estimated receipts, as provided | 76911 |
| in this section. The section of the Revised Code under which the | 76912 |
| tax is authorized shall be set forth. | 76913 |
| (3) Comparative statements, so far as possible, in parallel | 76914 |
| columns of taxes and other revenues for the current fiscal year | 76915 |
| and the two preceding fiscal years. | 76916 |
| (C)(1) The amount required for debt charges; | 76917 |
| (2) The estimated receipts from sources other than the tax | 76918 |
| levy for payment of such debt charges, including the proceeds of | 76919 |
| refunding bonds to be issued to refund bonds maturing in the next | 76920 |
| succeeding fiscal year; | 76921 |
| (3) The net amount for which a tax levy shall be made, | 76922 |
| classified as to bonds authorized and issued prior to January 1, | 76923 |
| 1922, and those authorized and issued subsequent to such date, and | 76924 |
| as to what portion of the levy will be within and what in excess | 76925 |
| of the ten-mill limitation. | 76926 |
| (D) An estimate of amounts from taxes authorized to be levied | 76927 |
| in excess of the ten-mill limitation on the tax rate, and the fund | 76928 |
| to which such amounts will be credited, together with the sections | 76929 |
| of the Revised Code under which each such tax is exempted from all | 76930 |
| limitations on the tax rate. | 76931 |
| (E)(1) A board of education may include in its budget for the | 76932 |
| fiscal year in which a levy proposed under section 5705.194, | 76933 |
|
5705.199,
5705.21, | 76934 |
| under section 5705.212 of the Revised Code is first extended on | 76935 |
| the tax list and duplicate an estimate of expenditures to be known | 76936 |
| as a voluntary contingency reserve balance, which shall not be | 76937 |
| greater than twenty-five per cent of the total amount of the levy | 76938 |
| estimated to be available for appropriation in such year. | 76939 |
| (2) A board of education may include in its budget for the | 76940 |
| fiscal year following the year in which a levy proposed under | 76941 |
|
section 5705.194, 5705.199, 5705.21, | 76942 |
| the original levy under section 5705.212 of the Revised Code is | 76943 |
| first extended on the tax list and duplicate an estimate of | 76944 |
| expenditures to be known as a voluntary contingency reserve | 76945 |
| balance, which shall not be greater than twenty per cent of the | 76946 |
| amount of the levy estimated to be available for appropriation in | 76947 |
| such year. | 76948 |
| (3) Except as provided in division (E)(4) of this section, | 76949 |
| the full amount of any reserve balance the board includes in its | 76950 |
| budget shall be retained by the county auditor and county | 76951 |
| treasurer out of the first semiannual settlement of taxes until | 76952 |
| the beginning of the next succeeding fiscal year, and thereupon, | 76953 |
| with the depository interest apportioned thereto, it shall be | 76954 |
| turned over to the board of education, to be used for the purposes | 76955 |
| of such fiscal year. | 76956 |
| (4) A board of education, by a two-thirds vote of all members | 76957 |
| of the board, may appropriate any amount withheld as a voluntary | 76958 |
| contingency reserve balance during the fiscal year for any lawful | 76959 |
| purpose, provided that prior to such appropriation the board of | 76960 |
| education has authorized the expenditure of all amounts | 76961 |
| appropriated for contingencies under section 5705.40 of the | 76962 |
| Revised Code. Upon request by the board of education, the county | 76963 |
| auditor shall draw a warrant on the district's account in the | 76964 |
| county treasury payable to the district in the amount requested. | 76965 |
| (F)(1) A board of education may include a spending reserve in | 76966 |
| its budget for fiscal years ending on or before June 30, 2002. The | 76967 |
| spending reserve shall consist of an estimate of expenditures not | 76968 |
| to exceed the district's spending reserve balance. A district's | 76969 |
| spending reserve balance is the amount by which the designated | 76970 |
| percentage of the district's estimated personal property taxes to | 76971 |
| be settled during the calendar year in which the fiscal year ends | 76972 |
| exceeds the estimated amount of personal property taxes to be so | 76973 |
| settled and received by the district during that fiscal year. | 76974 |
| Moneys from a spending reserve shall be appropriated in accordance | 76975 |
| with section 133.301 of the Revised Code. | 76976 |
| (2) For the purposes of computing a school district's | 76977 |
| spending reserve balance for a fiscal year, the designated | 76978 |
| percentage shall be as follows: | 76979 |
| Fiscal year ending in: | Designated percentage | 76980 | |
| 1998 | 50% | 76981 | |
| 1999 | 40% | 76982 | |
| 2000 | 30% | 76983 | |
| 2001 | 20% | 76984 | |
| 2002 | 10% | 76985 |
| (G) Except as otherwise provided in this division, the county | 76986 |
| budget commission shall not reduce the taxing authority of a | 76987 |
| subdivision as a result of the creation of a reserve balance | 76988 |
| account. Except as otherwise provided in this division, the county | 76989 |
| budget commission shall not consider the amount in a reserve | 76990 |
| balance account of a township, county, or municipal corporation as | 76991 |
| an unencumbered balance or as revenue for the purposes of division | 76992 |
| (E)(3) or (4) of section 5747.51 of the Revised Code. The county | 76993 |
| budget commission may require documentation of the reasonableness | 76994 |
| of the reserve balance held in any reserve balance account. The | 76995 |
| commission shall consider any amount in a reserve balance account | 76996 |
| that it determines to be unreasonable as unencumbered and as | 76997 |
| revenue for the purposes of section 5747.51 of the Revised Code | 76998 |
| and may take such amounts into consideration when determining | 76999 |
| whether to reduce the taxing authority of a subdivision. | 77000 |
| Sec. 5705.341. Any person required to pay taxes on real, | 77001 |
| public utility, or tangible personal property in any taxing | 77002 |
| district or other political subdivision of this state may appeal | 77003 |
| to the board of tax appeals from the action of the county budget | 77004 |
| commission of any county which relates to the fixing of uniform | 77005 |
| rates of taxation and the rate necessary to be levied by each | 77006 |
| taxing authority within its subdivision or taxing unit and which | 77007 |
| action has been certified by the county budget commission to the | 77008 |
| taxing authority of any political subdivision or other taxing | 77009 |
| district within the county. | 77010 |
| Such appeal shall be in writing and shall set forth the tax | 77011 |
| rate complained of and the reason that such a tax rate is not | 77012 |
| necessary to produce the revenue needed by the taxing district or | 77013 |
| political subdivision for the ensuing fiscal year as those needs | 77014 |
| are set out in the tax budget of said taxing unit or, if adoption | 77015 |
| of a tax budget was waived under section 5705.281 of the Revised | 77016 |
| Code, as set out in such other information the district or | 77017 |
| subdivision was required to provide under that section, or that | 77018 |
| the action of the budget commission appealed from does not | 77019 |
| otherwise comply with sections 5705.01 to 5705.47 of the Revised | 77020 |
| Code. The notice of appeal shall be filed with the board of tax | 77021 |
| appeals, and a true copy thereof shall be filed with the tax | 77022 |
| commissioner, the county auditor, and with the fiscal officer of | 77023 |
| each taxing district or political subdivision authorized to levy | 77024 |
| the tax complained of, and such notice of appeal and copies | 77025 |
| thereof must be filed within thirty days after the budget | 77026 |
| commission has certified its action as provided by section 5705.34 | 77027 |
| of the Revised Code. Such notice of appeal and the copies thereof | 77028 |
| may be filed either in person or by certified mail. If filed by | 77029 |
| certified mail, the date of the United States postmark placed on | 77030 |
| the sender's receipt by the postal employee to whom the notice of | 77031 |
| appeal is presented shall be treated as the date of filing. | 77032 |
| Prior to filing the appeal provided by this section, the | 77033 |
| appellant shall deposit with the county auditor of the county or, | 77034 |
| in the event the appeal concerns joint taxing districts in two or | 77035 |
| more counties, with the county auditor of the county with the | 77036 |
| greatest valuation of taxable property the sum of five hundred | 77037 |
| dollars to cover the costs of the proceeding. The county auditor | 77038 |
| shall forthwith issue a pay-in order and pay such money into the | 77039 |
| county treasury to the credit of the general fund. The appellant | 77040 |
| shall produce the receipt of the county treasurer for such deposit | 77041 |
| and shall file such receipt with the notice of appeal. | 77042 |
| The board of tax appeals shall forthwith consider the matter | 77043 |
| presented on appeal from the action of the county budget | 77044 |
| commission and may modify any action of the commission with | 77045 |
| reference to the fixing of tax rates, to the end that no tax rate | 77046 |
| shall be levied above that necessary to produce the revenue needed | 77047 |
| by the taxing district or political subdivision for the ensuing | 77048 |
| fiscal year and to the end that the action of the budget | 77049 |
| commission appealed from shall otherwise be in conformity with | 77050 |
| sections 5705.01 to 5705.47 of the Revised Code. The findings of | 77051 |
| the board of tax appeals shall be substituted for the findings of | 77052 |
|
the budget commission and shall
be
| 77053 |
| auditor and the taxing authority of the taxing district or | 77054 |
| political subdivision affected as the action of such budget | 77055 |
| commission under sections 5705.01 to 5705.47 of the Revised Code | 77056 |
| and to the tax commissioner. At the request of an appellant, the | 77057 |
| findings of the board of tax appeals shall be sent by certified | 77058 |
| mail at the appellant's expense. | 77059 |
| The board of tax appeals shall promptly prepare a cost bill | 77060 |
| listing the expenses incurred by the board in conducting any | 77061 |
| hearing on the appeal and certify the cost bill to the county | 77062 |
| auditor of the county receiving the deposit for costs, who shall | 77063 |
| forthwith draw a warrant on the general fund of the county in | 77064 |
| favor of the person or persons named in the bill of costs | 77065 |
| certified by the board of tax appeals. | 77066 |
| In the event the appellant prevails, the board of tax appeals | 77067 |
| promptly shall direct the county auditor to refund the deposit to | 77068 |
| the appellant and the costs shall be taxed to the taxing district | 77069 |
| or political subdivision involved in the appeal. The county | 77070 |
| auditor shall withhold from any funds then or thereafter in the | 77071 |
| auditor's possession belonging to the taxing district or political | 77072 |
| subdivision named in the order of the board of tax appeals and | 77073 |
| shall reimburse the general fund of the county. | 77074 |
| If the appellant fails, the costs shall be deducted from the | 77075 |
| deposit provided for in this section and any balance which remains | 77076 |
| shall be refunded promptly to the appellant by warrant of the | 77077 |
| county auditor drawn on the general fund of the county. | 77078 |
| Nothing in this section or any section of the Revised Code | 77079 |
| shall permit or require the levying of any rate of taxation, | 77080 |
| whether within the ten-mill limitation or whether the levy has | 77081 |
| been approved by the electors of the taxing district, the | 77082 |
| political subdivision, or the charter of a municipal corporation | 77083 |
| in excess of such ten-mill limitation, unless such rate of | 77084 |
| taxation for the ensuing fiscal year is clearly required by a | 77085 |
| budget of the taxing district or political subdivision properly | 77086 |
| and lawfully adopted under this chapter, or by other information | 77087 |
| that must be provided under section 5705.281 of the Revised Code | 77088 |
| if a tax budget was waived. | 77089 |
| In the event more than one appeal is filed involving the same | 77090 |
| taxing district or political subdivision, all such appeals may be | 77091 |
| consolidated by the board of tax appeals and heard at the same | 77092 |
| time. | 77093 |
| Nothing herein contained shall be construed to bar or | 77094 |
| prohibit the tax commissioner from initiating an investigation or | 77095 |
| hearing on the commissioner's own motion. | 77096 |
| The tax commissioner shall adopt and issue such orders, | 77097 |
| rules, and instructions, not inconsistent with law, as the | 77098 |
| commissioner deems necessary, as to the exercise of the powers and | 77099 |
| the discharge of the duties of any particular county budget | 77100 |
| commission, county auditor, or other officer which relate to the | 77101 |
| budget, the assessment of property, or the levy and collection of | 77102 |
| taxes. The commissioner shall cause the orders and instructions | 77103 |
| issued by the commissioner to be obeyed. | 77104 |
| Sec. 5705.37. The taxing authority of any subdivision, or | 77105 |
| the board of trustees of any public library, nonprofit | 77106 |
| corporation, or library association maintaining a free public | 77107 |
| library that has adopted and certified rules under section 5705.28 | 77108 |
| of the Revised Code, that is dissatisfied with any action of the | 77109 |
| county budget commission may, through its fiscal officer, appeal | 77110 |
| to the board of tax appeals within thirty days after the receipt | 77111 |
| by the subdivision of the official certificate or notice of the | 77112 |
| commission's action. In like manner, but through its clerk, any | 77113 |
| park district may appeal to the board of tax appeals. An appeal | 77114 |
| under this section shall be taken by the filing of a notice of | 77115 |
| appeal, either in person or by certified mail, express mail, or | 77116 |
| authorized delivery service as provided in section 5703.056 of | 77117 |
| the Revised Code, with the board and with the commission. If | 77118 |
| notice of appeal is filed by certified mail, express mail, or | 77119 |
| authorized delivery service, date of the United States postmark | 77120 |
| placed on the sender's receipt by the postal service or the date | 77121 |
| of receipt recorded by the authorized delivery service shall be | 77122 |
| treated as the date of filing. Upon receipt of the notice of | 77123 |
| appeal, the commission, by certified mail, shall notify all | 77124 |
| persons who were parties to the proceeding before the commission | 77125 |
| of the filing of the notice of appeal and shall file proof of | 77126 |
| notice with the board of tax appeals. The secretary of the | 77127 |
| commission shall forthwith certify to the board a transcript of | 77128 |
| the full and accurate record of all proceedings before the | 77129 |
| commission, together with all evidence presented in the | 77130 |
| proceedings or considered by the commission, pertaining to the | 77131 |
| action from which the appeal is taken. The secretary of the | 77132 |
| commission also shall certify to the board any additional | 77133 |
| information that the board may request. | 77134 |
| The board of tax appeals, in a de novo proceeding, shall | 77135 |
| forthwith consider the matter presented to the commission, and may | 77136 |
| modify any action of the commission with reference to the budget, | 77137 |
| the estimate of revenues and balances, the allocation of the | 77138 |
| public library fund, or the fixing of tax rates. The finding of | 77139 |
| the board of tax appeals shall be substituted for the findings of | 77140 |
|
the commission, and shall be
| 77141 |
| commissioner, the county auditor, and the taxing authority of the | 77142 |
| subdivision affected, or to the board of public library trustees | 77143 |
| affected, as the action of the commission under sections 5705.01 | 77144 |
| to 5705.47 of the Revised Code. At the request of the taxing | 77145 |
| authority, board of trustees, or park district that appealed an | 77146 |
| action of the county budget commission under this section, the | 77147 |
| findings of the board of tax appeals shall be sent by certified | 77148 |
| mail at the requestor's expense. | 77149 |
| This section does not give the board of tax appeals any | 77150 |
| authority to place any tax levy authorized by law within the | 77151 |
| ten-mill limitation outside of that limitation, or to reduce any | 77152 |
| levy below any minimum fixed by law. | 77153 |
| Sec. 5709.62. (A) In any municipal corporation that is | 77154 |
| defined by the United States office of management and budget as a | 77155 |
| principal city of a metropolitan statistical area, the legislative | 77156 |
| authority of the municipal corporation may designate one or more | 77157 |
| areas within its municipal corporation as proposed enterprise | 77158 |
| zones. Upon designating an area, the legislative authority shall | 77159 |
| petition the director of development for certification of the area | 77160 |
| as having the characteristics set forth in division (A)(1) of | 77161 |
| section 5709.61 of the Revised Code as amended by Substitute | 77162 |
| Senate Bill No. 19 of the 120th general assembly. Except as | 77163 |
| otherwise provided in division (E) of this section, on and after | 77164 |
| July 1, 1994, legislative authorities shall not enter into | 77165 |
| agreements under this section unless the legislative authority has | 77166 |
| petitioned the director and the director has certified the zone | 77167 |
| under this section as amended by that act; however, all agreements | 77168 |
| entered into under this section as it existed prior to July 1, | 77169 |
| 1994, and the incentives granted under those agreements shall | 77170 |
| remain in effect for the period agreed to under those agreements. | 77171 |
| Within sixty days after receiving such a petition, the director | 77172 |
| shall determine whether the area has the characteristics set forth | 77173 |
| in division (A)(1) of section 5709.61 of the Revised Code, and | 77174 |
| shall forward the findings to the legislative authority of the | 77175 |
| municipal corporation. If the director certifies the area as | 77176 |
| having those characteristics, and thereby certifies it as a zone, | 77177 |
| the legislative authority may enter into an agreement with an | 77178 |
| enterprise under division (C) of this section. | 77179 |
| (B) Any enterprise that wishes to enter into an agreement | 77180 |
| with a municipal corporation under division (C) of this section | 77181 |
| shall submit a proposal to the legislative authority of the | 77182 |
| municipal corporation on a form prescribed by the director of | 77183 |
| development, together with the application fee established under | 77184 |
| section 5709.68 of the Revised Code. The form shall require the | 77185 |
| following information: | 77186 |
| (1) An estimate of the number of new employees whom the | 77187 |
| enterprise intends to hire, or of the number of employees whom the | 77188 |
| enterprise intends to retain, within the zone at a facility that | 77189 |
| is a project site, and an estimate of the amount of payroll of the | 77190 |
| enterprise attributable to these employees; | 77191 |
| (2) An estimate of the amount to be invested by the | 77192 |
| enterprise to establish, expand, renovate, or occupy a facility, | 77193 |
| including investment in new buildings, additions or improvements | 77194 |
| to existing buildings, machinery, equipment, furniture, fixtures, | 77195 |
| and inventory; | 77196 |
| (3) A listing of the enterprise's current investment, if any, | 77197 |
| in a facility as of the date of the proposal's submission. | 77198 |
| The enterprise shall review and update the listings required | 77199 |
| under this division to reflect material changes, and any agreement | 77200 |
| entered into under division (C) of this section shall set forth | 77201 |
| final estimates and listings as of the time the agreement is | 77202 |
| entered into. The legislative authority may, on a separate form | 77203 |
| and at any time, require any additional information necessary to | 77204 |
| determine whether an enterprise is in compliance with an agreement | 77205 |
| and to collect the information required to be reported under | 77206 |
| section 5709.68 of the Revised Code. | 77207 |
| (C) Upon receipt and investigation of a proposal under | 77208 |
| division (B) of this section, if the legislative authority finds | 77209 |
| that the enterprise submitting the proposal is qualified by | 77210 |
| financial responsibility and business experience to create and | 77211 |
| preserve employment opportunities in the zone and improve the | 77212 |
| economic climate of the municipal corporation, the legislative | 77213 |
|
authority, on or before
October 15, | 77214 |
| following: | 77215 |
| (1) Enter into an agreement with the enterprise under which | 77216 |
| the enterprise agrees to establish, expand, renovate, or occupy a | 77217 |
| facility and hire new employees, or preserve employment | 77218 |
| opportunities for existing employees, in return for one or more of | 77219 |
| the following incentives: | 77220 |
| (a) Exemption for a specified number of years, not to exceed | 77221 |
| fifteen, of a specified portion, up to seventy-five per cent, of | 77222 |
| the assessed value of tangible personal property first used in | 77223 |
| business at the project site as a result of the agreement. If an | 77224 |
| exemption for inventory is specifically granted in the agreement | 77225 |
| pursuant to this division, the exemption applies to inventory | 77226 |
| required to be listed pursuant to sections 5711.15 and 5711.16 of | 77227 |
| the Revised Code, except that, in the instance of an expansion or | 77228 |
| other situations in which an enterprise was in business at the | 77229 |
| facility prior to the establishment of the zone, the inventory | 77230 |
| that is exempt is that amount or value of inventory in excess of | 77231 |
| the amount or value of inventory required to be listed in the | 77232 |
| personal property tax return of the enterprise in the return for | 77233 |
| the tax year in which the agreement is entered into. | 77234 |
| (b) Exemption for a specified number of years, not to exceed | 77235 |
| fifteen, of a specified portion, up to seventy-five per cent, of | 77236 |
| the increase in the assessed valuation of real property | 77237 |
| constituting the project site subsequent to formal approval of the | 77238 |
| agreement by the legislative authority; | 77239 |
| (c) Provision for a specified number of years, not to exceed | 77240 |
| fifteen, of any optional services or assistance that the municipal | 77241 |
| corporation is authorized to provide with regard to the project | 77242 |
| site. | 77243 |
| (2) Enter into an agreement under which the enterprise agrees | 77244 |
| to remediate an environmentally contaminated facility, to spend an | 77245 |
| amount equal to at least two hundred fifty per cent of the true | 77246 |
| value in money of the real property of the facility prior to | 77247 |
| remediation as determined for the purposes of property taxation to | 77248 |
| establish, expand, renovate, or occupy the remediated facility, | 77249 |
| and to hire new employees or preserve employment opportunities for | 77250 |
| existing employees at the remediated facility, in return for one | 77251 |
| or more of the following incentives: | 77252 |
| (a) Exemption for a specified number of years, not to exceed | 77253 |
| fifteen, of a specified portion, not to exceed fifty per cent, of | 77254 |
| the assessed valuation of the real property of the facility prior | 77255 |
| to remediation; | 77256 |
| (b) Exemption for a specified number of years, not to exceed | 77257 |
| fifteen, of a specified portion, not to exceed one hundred per | 77258 |
| cent, of the increase in the assessed valuation of the real | 77259 |
| property of the facility during or after remediation; | 77260 |
| (c) The incentive under division (C)(1)(a) of this section, | 77261 |
| except that the percentage of the assessed value of such property | 77262 |
| exempted from taxation shall not exceed one hundred per cent; | 77263 |
| (d) The incentive under division (C)(1)(c) of this section. | 77264 |
| (3) Enter into an agreement with an enterprise that plans to | 77265 |
| purchase and operate a large manufacturing facility that has | 77266 |
| ceased operation or announced its intention to cease operation, in | 77267 |
| return for exemption for a specified number of years, not to | 77268 |
| exceed fifteen, of a specified portion, up to one hundred per | 77269 |
| cent, of the assessed value of tangible personal property used in | 77270 |
| business at the project site as a result of the agreement, or of | 77271 |
| the assessed valuation of real property constituting the project | 77272 |
| site, or both. | 77273 |
| (D)(1) Notwithstanding divisions (C)(1)(a) and (b) of this | 77274 |
| section, the portion of the assessed value of tangible personal | 77275 |
| property or of the increase in the assessed valuation of real | 77276 |
| property exempted from taxation under those divisions may exceed | 77277 |
| seventy-five per cent in any year for which that portion is | 77278 |
| exempted if the average percentage exempted for all years in which | 77279 |
| the agreement is in effect does not exceed sixty per cent, or if | 77280 |
| the board of education of the city, local, or exempted village | 77281 |
| school district within the territory of which the property is or | 77282 |
| will be located approves a percentage in excess of seventy-five | 77283 |
| per cent. | 77284 |
| (2) Notwithstanding any provision of the Revised Code to the | 77285 |
| contrary, the exemptions described in divisions (C)(1)(a), (b), | 77286 |
| and (c), (C)(2)(a), (b), and (c), and (C)(3) of this section may | 77287 |
| be for up to fifteen years if the board of education of the city, | 77288 |
| local, or exempted village school district within the territory of | 77289 |
| which the property is or will be located approves a number of | 77290 |
| years in excess of ten. | 77291 |
| (3) For the purpose of obtaining the approval of a city, | 77292 |
| local, or exempted village school district under division (D)(1) | 77293 |
| or (2) of this section, the legislative authority shall deliver to | 77294 |
| the board of education a notice not later than forty-five days | 77295 |
| prior to approving the agreement, excluding Saturdays, Sundays, | 77296 |
| and legal holidays as defined in section 1.14 of the Revised Code. | 77297 |
| The notice shall state the percentage to be exempted, an estimate | 77298 |
| of the true value of the property to be exempted, and the number | 77299 |
| of years the property is to be exempted. The board of education, | 77300 |
| by resolution adopted by a majority of the board, shall approve or | 77301 |
| disapprove the agreement and certify a copy of the resolution to | 77302 |
| the legislative authority not later than fourteen days prior to | 77303 |
| the date stipulated by the legislative authority as the date upon | 77304 |
| which approval of the agreement is to be formally considered by | 77305 |
| the legislative authority. The board of education may include in | 77306 |
| the resolution conditions under which the board would approve the | 77307 |
| agreement, including the execution of an agreement to compensate | 77308 |
| the school district under division (B) of section 5709.82 of the | 77309 |
| Revised Code. The legislative authority may approve the agreement | 77310 |
| at any time after the board of education certifies its resolution | 77311 |
| approving the agreement to the legislative authority, or, if the | 77312 |
| board approves the agreement conditionally, at any time after the | 77313 |
| conditions are agreed to by the board and the legislative | 77314 |
| authority. | 77315 |
| If a board of education has adopted a resolution waiving its | 77316 |
| right to approve agreements and the resolution remains in effect, | 77317 |
| approval of an agreement by the board is not required under this | 77318 |
| division. If a board of education has adopted a resolution | 77319 |
| allowing a legislative authority to deliver the notice required | 77320 |
| under this division fewer than forty-five business days prior to | 77321 |
| the legislative authority's approval of the agreement, the | 77322 |
| legislative authority shall deliver the notice to the board not | 77323 |
| later than the number of days prior to such approval as prescribed | 77324 |
| by the board in its resolution. If a board of education adopts a | 77325 |
| resolution waiving its right to approve agreements or shortening | 77326 |
| the notification period, the board shall certify a copy of the | 77327 |
| resolution to the legislative authority. If the board of education | 77328 |
| rescinds such a resolution, it shall certify notice of the | 77329 |
| rescission to the legislative authority. | 77330 |
| (4) The legislative authority shall comply with section | 77331 |
| 5709.83 of the Revised Code unless the board of education has | 77332 |
| adopted a resolution under that section waiving its right to | 77333 |
| receive such notice. | 77334 |
| (E) This division applies to zones certified by the director | 77335 |
| of development under this section prior to July 22, 1994. | 77336 |
| On or before October 15, | 77337 |
| that designated a zone to which this division applies may enter | 77338 |
| into an agreement with an enterprise if the legislative authority | 77339 |
| finds that the enterprise satisfies one of the criteria described | 77340 |
| in divisions (E)(1) to (5) of this section: | 77341 |
| (1) The enterprise currently has no operations in this state | 77342 |
| and, subject to approval of the agreement, intends to establish | 77343 |
| operations in the zone; | 77344 |
| (2) The enterprise currently has operations in this state | 77345 |
| and, subject to approval of the agreement, intends to establish | 77346 |
| operations at a new location in the zone that would not result in | 77347 |
| a reduction in the number of employee positions at any of the | 77348 |
| enterprise's other locations in this state; | 77349 |
| (3) The enterprise, subject to approval of the agreement, | 77350 |
| intends to relocate operations, currently located in another | 77351 |
| state, to the zone; | 77352 |
| (4) The enterprise, subject to approval of the agreement, | 77353 |
| intends to expand operations at an existing site in the zone that | 77354 |
| the enterprise currently operates; | 77355 |
| (5) The enterprise, subject to approval of the agreement, | 77356 |
| intends to relocate operations, currently located in this state, | 77357 |
| to the zone, and the director of development has issued a waiver | 77358 |
| for the enterprise under division (B) of section 5709.633 of the | 77359 |
| Revised Code. | 77360 |
| The agreement shall require the enterprise to agree to | 77361 |
| establish, expand, renovate, or occupy a facility in the zone and | 77362 |
| hire new employees, or preserve employment opportunities for | 77363 |
| existing employees, in return for one or more of the incentives | 77364 |
| described in division (C) of this section. | 77365 |
| (F) All agreements entered into under this section shall be | 77366 |
| in the form prescribed under section 5709.631 of the Revised Code. | 77367 |
| After an agreement is entered into under this section, if the | 77368 |
| legislative authority revokes its designation of a zone, or if the | 77369 |
| director of development revokes a zone's certification, any | 77370 |
| entitlements granted under the agreement shall continue for the | 77371 |
| number of years specified in the agreement. | 77372 |
| (G) Except as otherwise provided in this division, an | 77373 |
| agreement entered into under this section shall require that the | 77374 |
| enterprise pay an annual fee equal to the greater of one per cent | 77375 |
| of the dollar value of incentives offered under the agreement or | 77376 |
| five hundred dollars; provided, however, that if the value of the | 77377 |
| incentives exceeds two hundred fifty thousand dollars, the fee | 77378 |
| shall not exceed two thousand five hundred dollars. The fee shall | 77379 |
| be payable to the legislative authority once per year for each | 77380 |
| year the agreement is effective on the days and in the form | 77381 |
| specified in the agreement. Fees paid shall be deposited in a | 77382 |
| special fund created for such purpose by the legislative authority | 77383 |
| and shall be used by the legislative authority exclusively for the | 77384 |
| purpose of complying with section 5709.68 of the Revised Code and | 77385 |
| by the tax incentive review council created under section 5709.85 | 77386 |
| of the Revised Code exclusively for the purposes of performing the | 77387 |
| duties prescribed under that section. The legislative authority | 77388 |
| may waive or reduce the amount of the fee charged against an | 77389 |
| enterprise, but such a waiver or reduction does not affect the | 77390 |
| obligations of the legislative authority or the tax incentive | 77391 |
| review council to comply with section 5709.68 or 5709.85 of the | 77392 |
| Revised Code. | 77393 |
| (H) When an agreement is entered into pursuant to this | 77394 |
| section, the legislative authority authorizing the agreement shall | 77395 |
| forward a copy of the agreement to the director of development and | 77396 |
| to the tax commissioner within fifteen days after the agreement is | 77397 |
| entered into. If any agreement includes terms not provided for in | 77398 |
| section 5709.631 of the Revised Code affecting the revenue of a | 77399 |
| city, local, or exempted village school district or causing | 77400 |
| revenue to be foregone by the district, including any compensation | 77401 |
| to be paid to the school district pursuant to section 5709.82 of | 77402 |
| the Revised Code, those terms also shall be forwarded in writing | 77403 |
| to the director of development along with the copy of the | 77404 |
| agreement forwarded under this division. | 77405 |
| (I) After an agreement is entered into, the enterprise shall | 77406 |
| file with each personal property tax return required to be filed, | 77407 |
| or annual report required to be filed under section 5727.08 of the | 77408 |
| Revised Code, while the agreement is in effect, an informational | 77409 |
| return, on a form prescribed by the tax commissioner for that | 77410 |
| purpose, setting forth separately the property, and related costs | 77411 |
| and values, exempted from taxation under the agreement. | 77412 |
| (J) Enterprises may agree to give preference to residents of | 77413 |
| the zone within which the agreement applies relative to residents | 77414 |
| of this state who do not reside in the zone when hiring new | 77415 |
| employees under the agreement. | 77416 |
| (K) An agreement entered into under this section may include | 77417 |
| a provision requiring the enterprise to create one or more | 77418 |
| temporary internship positions for students enrolled in a course | 77419 |
| of study at a school or other educational institution in the | 77420 |
| vicinity, and to create a scholarship or provide another form of | 77421 |
| educational financial assistance for students holding such a | 77422 |
| position in exchange for the student's commitment to work for the | 77423 |
| enterprise at the completion of the internship. | 77424 |
| (L) The tax commissioner's authority in determining the | 77425 |
| accuracy of any exemption granted by an agreement entered into | 77426 |
| under this section is limited to divisions (C)(1)(a) and (b), | 77427 |
| (C)(2)(a), (b), and (c), (C)(3), (D), and (I) of this section and | 77428 |
| divisions (B)(1) to (10) of section 5709.631 of the Revised Code | 77429 |
| and, as authorized by law, to enforcing any modification to, or | 77430 |
| revocation of, that agreement by the legislative authority of a | 77431 |
| municipal corporation or the director of development. | 77432 |
| Sec. 5709.63. (A) With the consent of the legislative | 77433 |
| authority of each affected municipal corporation or of a board of | 77434 |
| township trustees, a board of county commissioners may, in the | 77435 |
| manner set forth in section 5709.62 of the Revised Code, designate | 77436 |
| one or more areas in one or more municipal corporations or in | 77437 |
| unincorporated areas of the county as proposed enterprise zones. A | 77438 |
| board of county commissioners may designate no more than one area | 77439 |
| within a township, or within adjacent townships, as a proposed | 77440 |
| enterprise zone. The board shall petition the director of | 77441 |
| development for certification of the area as having the | 77442 |
| characteristics set forth in division (A)(1) or (2) of section | 77443 |
| 5709.61 of the Revised Code as amended by Substitute Senate Bill | 77444 |
| No. 19 of the 120th general assembly. Except as otherwise provided | 77445 |
| in division (D) of this section, on and after July 1, 1994, boards | 77446 |
| of county commissioners shall not enter into agreements under this | 77447 |
| section unless the board has petitioned the director and the | 77448 |
| director has certified the zone under this section as amended by | 77449 |
| that act; however, all agreements entered into under this section | 77450 |
| as it existed prior to July 1, 1994, and the incentives granted | 77451 |
| under those agreements shall remain in effect for the period | 77452 |
| agreed to under those agreements. The director shall make the | 77453 |
| determination in the manner provided under section 5709.62 of the | 77454 |
| Revised Code. | 77455 |
| Any enterprise wishing to enter into an agreement with the | 77456 |
| board under division (B) or (D) of this section shall submit a | 77457 |
| proposal to the board on the form and accompanied by the | 77458 |
| application fee prescribed under division (B) of section 5709.62 | 77459 |
| of the Revised Code. The enterprise shall review and update the | 77460 |
| estimates and listings required by the form in the manner required | 77461 |
| under that division. The board may, on a separate form and at any | 77462 |
| time, require any additional information necessary to determine | 77463 |
| whether an enterprise is in compliance with an agreement and to | 77464 |
| collect the information required to be reported under section | 77465 |
| 5709.68 of the Revised Code. | 77466 |
| (B) If the board of county commissioners finds that an | 77467 |
| enterprise submitting a proposal is qualified by financial | 77468 |
| responsibility and business experience to create and preserve | 77469 |
| employment opportunities in the zone and to improve the economic | 77470 |
| climate of the municipal corporation or municipal corporations or | 77471 |
| the unincorporated areas in which the zone is located and to which | 77472 |
|
the proposal applies, the board, on or before
October 15, | 77473 |
| 2010, and with the consent of the legislative authority of each | 77474 |
| affected municipal corporation or of the board of township | 77475 |
| trustees may do either of the following: | 77476 |
| (1) Enter into an agreement with the enterprise under which | 77477 |
| the enterprise agrees to establish, expand, renovate, or occupy a | 77478 |
| facility in the zone and hire new employees, or preserve | 77479 |
| employment opportunities for existing employees, in return for the | 77480 |
| following incentives: | 77481 |
| (a) When the facility is located in a municipal corporation, | 77482 |
| the board may enter into an agreement for one or more of the | 77483 |
| incentives provided in division (C) of section 5709.62 of the | 77484 |
| Revised Code, subject to division (D) of that section; | 77485 |
| (b) When the facility is located in an unincorporated area, | 77486 |
| the board may enter into an agreement for one or more of the | 77487 |
| following incentives: | 77488 |
| (i) Exemption for a specified number of years, not to exceed | 77489 |
| fifteen, of a specified portion, up to sixty per cent, of the | 77490 |
| assessed value of tangible personal property first used in | 77491 |
| business at a project site as a result of the agreement. If an | 77492 |
| exemption for inventory is specifically granted in the agreement | 77493 |
| pursuant to this division, the exemption applies to inventory | 77494 |
| required to be listed pursuant to sections 5711.15 and 5711.16 of | 77495 |
| the Revised Code, except, in the instance of an expansion or other | 77496 |
| situations in which an enterprise was in business at the facility | 77497 |
| prior to the establishment of the zone, the inventory that is | 77498 |
| exempt is that amount or value of inventory in excess of the | 77499 |
| amount or value of inventory required to be listed in the personal | 77500 |
| property tax return of the enterprise in the return for the tax | 77501 |
| year in which the agreement is entered into. | 77502 |
| (ii) Exemption for a specified number of years, not to exceed | 77503 |
| fifteen, of a specified portion, up to sixty per cent, of the | 77504 |
| increase in the assessed valuation of real property constituting | 77505 |
| the project site subsequent to formal approval of the agreement by | 77506 |
| the board; | 77507 |
| (iii) Provision for a specified number of years, not to | 77508 |
| exceed fifteen, of any optional services or assistance the board | 77509 |
| is authorized to provide with regard to the project site; | 77510 |
| (iv) The incentive described in division (C)(2) of section | 77511 |
| 5709.62 of the Revised Code. | 77512 |
| (2) Enter into an agreement with an enterprise that plans to | 77513 |
| purchase and operate a large manufacturing facility that has | 77514 |
| ceased operation or has announced its intention to cease | 77515 |
| operation, in return for exemption for a specified number of | 77516 |
| years, not to exceed fifteen, of a specified portion, up to one | 77517 |
| hundred per cent, of tangible personal property used in business | 77518 |
| at the project site as a result of the agreement, or of real | 77519 |
| property constituting the project site, or both. | 77520 |
| (C)(1)(a) Notwithstanding divisions (B)(1)(b)(i) and (ii) of | 77521 |
| this section, the portion of the assessed value of tangible | 77522 |
| personal property or of the increase in the assessed valuation of | 77523 |
| real property exempted from taxation under those divisions may | 77524 |
| exceed sixty per cent in any year for which that portion is | 77525 |
| exempted if the average percentage exempted for all years in which | 77526 |
| the agreement is in effect does not exceed fifty per cent, or if | 77527 |
| the board of education of the city, local, or exempted village | 77528 |
| school district within the territory of which the property is or | 77529 |
| will be located approves a percentage in excess of sixty per cent. | 77530 |
| (b) Notwithstanding any provision of the Revised Code to the | 77531 |
| contrary, the exemptions described in divisions (B)(1)(b)(i), | 77532 |
| (ii), (iii), and (iv) and (B)(2) of this section may be for up to | 77533 |
| fifteen years if the board of education of the city, local, or | 77534 |
| exempted village school district within the territory of which the | 77535 |
| property is or will be located approves a number of years in | 77536 |
| excess of ten. | 77537 |
| (c) For the purpose of obtaining the approval of a city, | 77538 |
| local, or exempted village school district under division | 77539 |
| (C)(1)(a) or (b) of this section, the board of county | 77540 |
| commissioners shall deliver to the board of education a notice not | 77541 |
| later than forty-five days prior to approving the agreement, | 77542 |
| excluding Saturdays, Sundays, and legal holidays as defined in | 77543 |
| section 1.14 of the Revised Code. The notice shall state the | 77544 |
| percentage to be exempted, an estimate of the true value of the | 77545 |
| property to be exempted, and the number of years the property is | 77546 |
| to be exempted. The board of education, by resolution adopted by a | 77547 |
| majority of the board, shall approve or disapprove the agreement | 77548 |
| and certify a copy of the resolution to the board of county | 77549 |
| commissioners not later than fourteen days prior to the date | 77550 |
| stipulated by the board of county commissioners as the date upon | 77551 |
| which approval of the agreement is to be formally considered by | 77552 |
| the board of county commissioners. The board of education may | 77553 |
| include in the resolution conditions under which the board would | 77554 |
| approve the agreement, including the execution of an agreement to | 77555 |
| compensate the school district under division (B) of section | 77556 |
| 5709.82 of the Revised Code. The board of county commissioners may | 77557 |
| approve the agreement at any time after the board of education | 77558 |
| certifies its resolution approving the agreement to the board of | 77559 |
| county commissioners, or, if the board of education approves the | 77560 |
| agreement conditionally, at any time after the conditions are | 77561 |
| agreed to by the board of education and the board of county | 77562 |
| commissioners. | 77563 |
| If a board of education has adopted a resolution waiving its | 77564 |
| right to approve agreements and the resolution remains in effect, | 77565 |
| approval of an agreement by the board of education is not required | 77566 |
| under division (C) of this section. If a board of education has | 77567 |
| adopted a resolution allowing a board of county commissioners to | 77568 |
| deliver the notice required under this division fewer than | 77569 |
| forty-five business days prior to approval of the agreement by the | 77570 |
| board of county commissioners, the board of county commissioners | 77571 |
| shall deliver the notice to the board of education not later than | 77572 |
| the number of days prior to such approval as prescribed by the | 77573 |
| board of education in its resolution. If a board of education | 77574 |
| adopts a resolution waiving its right to approve agreements or | 77575 |
| shortening the notification period, the board of education shall | 77576 |
| certify a copy of the resolution to the board of county | 77577 |
| commissioners. If the board of education rescinds such a | 77578 |
| resolution, it shall certify notice of the rescission to the board | 77579 |
| of county commissioners. | 77580 |
| (2) The board of county commissioners shall comply with | 77581 |
| section 5709.83 of the Revised Code unless the board of education | 77582 |
| has adopted a resolution under that section waiving its right to | 77583 |
| receive such notice. | 77584 |
| (D) This division applies to zones certified by the director | 77585 |
| of development under this section prior to July 22, 1994. | 77586 |
| On or before
October 15, | 77587 |
| the legislative authority of each affected municipal corporation | 77588 |
| or board of township trustees of each affected township, the board | 77589 |
| of county commissioners that designated a zone to which this | 77590 |
| division applies may enter into an agreement with an enterprise if | 77591 |
| the board finds that the enterprise satisfies one of the criteria | 77592 |
| described in divisions (D)(1) to (5) of this section: | 77593 |
| (1) The enterprise currently has no operations in this state | 77594 |
| and, subject to approval of the agreement, intends to establish | 77595 |
| operations in the zone; | 77596 |
| (2) The enterprise currently has operations in this state | 77597 |
| and, subject to approval of the agreement, intends to establish | 77598 |
| operations at a new location in the zone that would not result in | 77599 |
| a reduction in the number of employee positions at any of the | 77600 |
| enterprise's other locations in this state; | 77601 |
| (3) The enterprise, subject to approval of the agreement, | 77602 |
| intends to relocate operations, currently located in another | 77603 |
| state, to the zone; | 77604 |
| (4) The enterprise, subject to approval of the agreement, | 77605 |
| intends to expand operations at an existing site in the zone that | 77606 |
| the enterprise currently operates; | 77607 |
| (5) The enterprise, subject to approval of the agreement, | 77608 |
| intends to relocate operations, currently located in this state, | 77609 |
| to the zone, and the director of development has issued a waiver | 77610 |
| for the enterprise under division (B) of section 5709.633 of the | 77611 |
| Revised Code. | 77612 |
| The agreement shall require the enterprise to agree to | 77613 |
| establish, expand, renovate, or occupy a facility in the zone and | 77614 |
| hire new employees, or preserve employment opportunities for | 77615 |
| existing employees, in return for one or more of the incentives | 77616 |
| described in division (B) of this section. | 77617 |
| (E) All agreements entered into under this section shall be | 77618 |
| in the form prescribed under section 5709.631 of the Revised Code. | 77619 |
| After an agreement under this section is entered into, if the | 77620 |
| board of county commissioners revokes its designation of a zone, | 77621 |
| or if the director of development revokes a zone's certification, | 77622 |
| any entitlements granted under the agreement shall continue for | 77623 |
| the number of years specified in the agreement. | 77624 |
| (F) Except as otherwise provided in this division, an | 77625 |
| agreement entered into under this section shall require that the | 77626 |
| enterprise pay an annual fee equal to the greater of one per cent | 77627 |
| of the dollar value of incentives offered under the agreement or | 77628 |
| five hundred dollars; provided, however, that if the value of the | 77629 |
| incentives exceeds two hundred fifty thousand dollars, the fee | 77630 |
| shall not exceed two thousand five hundred dollars. The fee shall | 77631 |
| be payable to the board of county commissioners once per year for | 77632 |
| each year the agreement is effective on the days and in the form | 77633 |
| specified in the agreement. Fees paid shall be deposited in a | 77634 |
| special fund created for such purpose by the board and shall be | 77635 |
| used by the board exclusively for the purpose of complying with | 77636 |
| section 5709.68 of the Revised Code and by the tax incentive | 77637 |
| review council created under section 5709.85 of the Revised Code | 77638 |
| exclusively for the purposes of performing the duties prescribed | 77639 |
| under that section. The board may waive or reduce the amount of | 77640 |
| the fee charged against an enterprise, but such waiver or | 77641 |
| reduction does not affect the obligations of the board or the tax | 77642 |
| incentive review council to comply with section 5709.68 or 5709.85 | 77643 |
| of the Revised Code, respectively. | 77644 |
| (G) With the approval of the legislative authority of a | 77645 |
| municipal corporation or the board of township trustees of a | 77646 |
| township in which a zone is designated under division (A) of this | 77647 |
| section, the board of county commissioners may delegate to that | 77648 |
| legislative authority or board any powers and duties of the board | 77649 |
| of county commissioners to negotiate and administer agreements | 77650 |
| with regard to that zone under this section. | 77651 |
| (H) When an agreement is entered into pursuant to this | 77652 |
| section, the board of county commissioners authorizing the | 77653 |
| agreement or the legislative authority or board of township | 77654 |
| trustees that negotiates and administers the agreement shall | 77655 |
| forward a copy of the agreement to the director of development and | 77656 |
| to the tax commissioner within fifteen days after the agreement is | 77657 |
| entered into. If any agreement includes terms not provided for in | 77658 |
| section 5709.631 of the Revised Code affecting the revenue of a | 77659 |
| city, local, or exempted village school district or causing | 77660 |
| revenue to be foregone by the district, including any compensation | 77661 |
| to be paid to the school district pursuant to section 5709.82 of | 77662 |
| the Revised Code, those terms also shall be forwarded in writing | 77663 |
| to the director of development along with the copy of the | 77664 |
| agreement forwarded under this division. | 77665 |
| (I) After an agreement is entered into, the enterprise shall | 77666 |
| file with each personal property tax return required to be filed, | 77667 |
| or annual report that is required to be filed under section | 77668 |
| 5727.08 of the Revised Code, while the agreement is in effect, an | 77669 |
| informational return, on a form prescribed by the tax commissioner | 77670 |
| for that purpose, setting forth separately the property, and | 77671 |
| related costs and values, exempted from taxation under the | 77672 |
| agreement. | 77673 |
| (J) Enterprises may agree to give preference to residents of | 77674 |
| the zone within which the agreement applies relative to residents | 77675 |
| of this state who do not reside in the zone when hiring new | 77676 |
| employees under the agreement. | 77677 |
| (K) An agreement entered into under this section may include | 77678 |
| a provision requiring the enterprise to create one or more | 77679 |
| temporary internship positions for students enrolled in a course | 77680 |
| of study at a school or other educational institution in the | 77681 |
| vicinity, and to create a scholarship or provide another form of | 77682 |
| educational financial assistance for students holding such a | 77683 |
| position in exchange for the student's commitment to work for the | 77684 |
| enterprise at the completion of the internship. | 77685 |
| (L) The tax commissioner's authority in determining the | 77686 |
| accuracy of any exemption granted by an agreement entered into | 77687 |
| under this section is limited to divisions (B)(1)(b)(i) and (ii), | 77688 |
| (B)(2), (C), and (I) of this section, division (B)(1)(b)(iv) of | 77689 |
| this section as it pertains to divisions (C)(2)(a), (b), and (c) | 77690 |
| of section 5709.62 of the Revised Code, and divisions (B)(1) to | 77691 |
| (10) of section 5709.631 of the Revised Code and, as authorized by | 77692 |
| law, to enforcing any modification to, or revocation of, that | 77693 |
| agreement by the board of county commissioners or the director of | 77694 |
| development or, if the board's powers and duties are delegated | 77695 |
| under division (G) of this section, by the legislative authority | 77696 |
| of a municipal corporation or board of township trustees. | 77697 |
| Sec. 5709.632. (A)(1) The legislative authority of a | 77698 |
| municipal corporation defined by the United States office of | 77699 |
| management and budget as a principal city of a metropolitan | 77700 |
| statistical area may, in the manner set forth in section 5709.62 | 77701 |
| of the Revised Code, designate one or more areas in the municipal | 77702 |
| corporation as a proposed enterprise zone. | 77703 |
| (2) With the consent of the legislative authority of each | 77704 |
| affected municipal corporation or of a board of township trustees, | 77705 |
| a board of county commissioners may, in the manner set forth in | 77706 |
| section 5709.62 of the Revised Code, designate one or more areas | 77707 |
| in one or more municipal corporations or in unincorporated areas | 77708 |
| of the county as proposed urban jobs and enterprise zones, except | 77709 |
| that a board of county commissioners may designate no more than | 77710 |
| one area within a township, or within adjacent townships, as a | 77711 |
| proposed urban jobs and enterprise zone. | 77712 |
| (3) The legislative authority or board of county | 77713 |
| commissioners may petition the director of development for | 77714 |
| certification of the area as having the characteristics set forth | 77715 |
| in division (A)(3) of section 5709.61 of the Revised Code. Within | 77716 |
| sixty days after receiving such a petition, the director shall | 77717 |
| determine whether the area has the characteristics set forth in | 77718 |
| that division and forward the findings to the legislative | 77719 |
| authority or board of county commissioners. If the director | 77720 |
| certifies the area as having those characteristics and thereby | 77721 |
| certifies it as a zone, the legislative authority or board may | 77722 |
| enter into agreements with enterprises under division (B) of this | 77723 |
| section. Any enterprise wishing to enter into an agreement with a | 77724 |
| legislative authority or board of county commissioners under this | 77725 |
| section and satisfying one of the criteria described in divisions | 77726 |
| (B)(1) to (5) of this section shall submit a proposal to the | 77727 |
| legislative authority or board on the form prescribed under | 77728 |
| division (B) of section 5709.62 of the Revised Code and shall | 77729 |
| review and update the estimates and listings required by the form | 77730 |
| in the manner required under that division. The legislative | 77731 |
| authority or board may, on a separate form and at any time, | 77732 |
| require any additional information necessary to determine whether | 77733 |
| an enterprise is in compliance with an agreement and to collect | 77734 |
| the information required to be reported under section 5709.68 of | 77735 |
| the Revised Code. | 77736 |
| (B) Prior to entering into an agreement with an enterprise, | 77737 |
| the legislative authority or board of county commissioners shall | 77738 |
| determine whether the enterprise submitting the proposal is | 77739 |
| qualified by financial responsibility and business experience to | 77740 |
| create and preserve employment opportunities in the zone and to | 77741 |
| improve the economic climate of the municipal corporation or | 77742 |
| municipal corporations or the unincorporated areas in which the | 77743 |
| zone is located and to which the proposal applies, and whether the | 77744 |
| enterprise satisfies one of the following criteria: | 77745 |
| (1) The enterprise currently has no operations in this state | 77746 |
| and, subject to approval of the agreement, intends to establish | 77747 |
| operations in the zone; | 77748 |
| (2) The enterprise currently has operations in this state | 77749 |
| and, subject to approval of the agreement, intends to establish | 77750 |
| operations at a new location in the zone that would not result in | 77751 |
| a reduction in the number of employee positions at any of the | 77752 |
| enterprise's other locations in this state; | 77753 |
| (3) The enterprise, subject to approval of the agreement, | 77754 |
| intends to relocate operations, currently located in another | 77755 |
| state, to the zone; | 77756 |
| (4) The enterprise, subject to approval of the agreement, | 77757 |
| intends to expand operations at an existing site in the zone that | 77758 |
| the enterprise currently operates; | 77759 |
| (5) The enterprise, subject to approval of the agreement, | 77760 |
| intends to relocate operations, currently located in this state, | 77761 |
| to the zone, and the director of development has issued a waiver | 77762 |
| for the enterprise under division (B) of section 5709.633 of the | 77763 |
| Revised Code. | 77764 |
| (C) If the legislative authority or board determines that the | 77765 |
| enterprise is so qualified and satisfies one of the criteria | 77766 |
| described in divisions (B)(1) to (5) of this section, the | 77767 |
| legislative authority or board may, after complying with section | 77768 |
|
5709.83 of the Revised Code and on or before
October 15, | 77769 |
| 2010, and, in the case of a board of commissioners, with the | 77770 |
| consent of the legislative authority of each affected municipal | 77771 |
| corporation or of the board of township trustees, enter into an | 77772 |
| agreement with the enterprise under which the enterprise agrees to | 77773 |
| establish, expand, renovate, or occupy a facility in the zone and | 77774 |
| hire new employees, or preserve employment opportunities for | 77775 |
| existing employees, in return for the following incentives: | 77776 |
| (1) When the facility is located in a municipal corporation, | 77777 |
| a legislative authority or board of commissioners may enter into | 77778 |
| an agreement for one or more of the incentives provided in | 77779 |
| division (C) of section 5709.62 of the Revised Code, subject to | 77780 |
| division (D) of that section; | 77781 |
| (2) When the facility is located in an unincorporated area, a | 77782 |
| board of commissioners may enter into an agreement for one or more | 77783 |
| of the incentives provided in divisions (B)(1)(b), (B)(2), and | 77784 |
| (B)(3) of section 5709.63 of the Revised Code, subject to division | 77785 |
| (C) of that section. | 77786 |
| (D) All agreements entered into under this section shall be | 77787 |
| in the form prescribed under section 5709.631 of the Revised Code. | 77788 |
| After an agreement under this section is entered into, if the | 77789 |
| legislative authority or board of county commissioners revokes its | 77790 |
| designation of the zone, or if the director of development revokes | 77791 |
| the zone's certification, any entitlements granted under the | 77792 |
| agreement shall continue for the number of years specified in the | 77793 |
| agreement. | 77794 |
| (E) Except as otherwise provided in this division, an | 77795 |
| agreement entered into under this section shall require that the | 77796 |
| enterprise pay an annual fee equal to the greater of one per cent | 77797 |
| of the dollar value of incentives offered under the agreement or | 77798 |
| five hundred dollars; provided, however, that if the value of the | 77799 |
| incentives exceeds two hundred fifty thousand dollars, the fee | 77800 |
| shall not exceed two thousand five hundred dollars. The fee shall | 77801 |
| be payable to the legislative authority or board of commissioners | 77802 |
| once per year for each year the agreement is effective on the days | 77803 |
| and in the form specified in the agreement. Fees paid shall be | 77804 |
| deposited in a special fund created for such purpose by the | 77805 |
| legislative authority or board and shall be used by the | 77806 |
| legislative authority or board exclusively for the purpose of | 77807 |
| complying with section 5709.68 of the Revised Code and by the tax | 77808 |
| incentive review council created under section 5709.85 of the | 77809 |
| Revised Code exclusively for the purposes of performing the duties | 77810 |
| prescribed under that section. The legislative authority or board | 77811 |
| may waive or reduce the amount of the fee charged against an | 77812 |
| enterprise, but such waiver or reduction does not affect the | 77813 |
| obligations of the legislative authority or board or the tax | 77814 |
| incentive review council to comply with section 5709.68 or 5709.85 | 77815 |
| of the Revised Code, respectively. | 77816 |
| (F) With the approval of the legislative authority of a | 77817 |
| municipal corporation or the board of township trustees of a | 77818 |
| township in which a zone is designated under division (A)(2) of | 77819 |
| this section, the board of county commissioners may delegate to | 77820 |
| that legislative authority or board any powers and duties of the | 77821 |
| board to negotiate and administer agreements with regard to that | 77822 |
| zone under this section. | 77823 |
| (G) When an agreement is entered into pursuant to this | 77824 |
| section, the legislative authority or board of commissioners | 77825 |
| authorizing the agreement shall forward a copy of the agreement to | 77826 |
| the director of development and to the tax commissioner within | 77827 |
| fifteen days after the agreement is entered into. If any | 77828 |
| agreement includes terms not provided for in section 5709.631 of | 77829 |
| the Revised Code affecting the revenue of a city, local, or | 77830 |
| exempted village school district or causing revenue to be foregone | 77831 |
| by the district, including any compensation to be paid to the | 77832 |
| school district pursuant to section 5709.82 of the Revised Code, | 77833 |
| those terms also shall be forwarded in writing to the director of | 77834 |
| development along with the copy of the agreement forwarded under | 77835 |
| this division. | 77836 |
| (H) After an agreement is entered into, the enterprise shall | 77837 |
| file with each personal property tax return required to be filed | 77838 |
| while the agreement is in effect, an informational return, on a | 77839 |
| form prescribed by the tax commissioner for that purpose, setting | 77840 |
| forth separately the property, and related costs and values, | 77841 |
| exempted from taxation under the agreement. | 77842 |
| (I) An agreement entered into under this section may include | 77843 |
| a provision requiring the enterprise to create one or more | 77844 |
| temporary internship positions for students enrolled in a course | 77845 |
| of study at a school or other educational institution in the | 77846 |
| vicinity, and to create a scholarship or provide another form of | 77847 |
| educational financial assistance for students holding such a | 77848 |
| position in exchange for the student's commitment to work for the | 77849 |
| enterprise at the completion of the internship. | 77850 |
| Sec. 5711.33. (A)(1) When a county treasurer receives a | 77851 |
| certificate from a county auditor pursuant to division (A) of | 77852 |
| section 5711.32 of the Revised Code charging the treasurer with | 77853 |
| the collection of an amount of taxes due as the result of a | 77854 |
| deficiency assessment, the treasurer shall immediately prepare and | 77855 |
| mail a tax bill to the taxpayer owing such tax. The tax bill shall | 77856 |
| contain the name of the taxpayer; the taxable value, tax rate, and | 77857 |
| taxes charged for each year being assessed; the total amount of | 77858 |
| taxes due; the final date payment may be made without additional | 77859 |
| penalty; and any other information the treasurer considers | 77860 |
| pertinent or necessary. Taxes due and payable as a result of a | 77861 |
| deficiency assessment, less any amount specifically excepted from | 77862 |
| collection under division (B) of section 5711.32 of the Revised | 77863 |
| Code, shall be paid with interest thereon as prescribed by section | 77864 |
| 5719.041 of the Revised Code on or before the sixtieth day | 77865 |
| following the date of issuance of the certificate by the county | 77866 |
| auditor. The balance of taxes found due and payable after a final | 77867 |
| determination by the tax commissioner or a final judgment of the | 77868 |
| board of tax appeals or any court to which such final judgment may | 77869 |
| be appealed shall be paid with interest thereon as prescribed by | 77870 |
| section 5719.041 of the Revised Code on or before the sixtieth day | 77871 |
| following the date of certification by the auditor to the | 77872 |
| treasurer pursuant to division (C) of section 5711.32 of the | 77873 |
| Revised Code of such final determination or judgment. Such final | 77874 |
| dates for payment shall be determined and exhibited on the tax | 77875 |
| bill by the treasurer. | 77876 |
| (2) If, on or before the sixtieth day following the date of a | 77877 |
| certification of a deficiency assessment under division (A) of | 77878 |
| section 5711.32 of the Revised Code or of a certification of a | 77879 |
| final determination or judgment under division (C) of section | 77880 |
| 5711.32 of the Revised Code, the taxpayer pays the full amount of | 77881 |
| taxes and interest due at the time of the receipt of certification | 77882 |
| with respect to that assessment, determination, or judgment, no | 77883 |
| interest shall accrue or be charged with respect to that | 77884 |
| assessment, determination, or judgment for the period that begins | 77885 |
| on the first day of the month in which the certification is made | 77886 |
| and that ends on the last day of the month preceding the month in | 77887 |
| which such sixtieth day occurs. | 77888 |
| (B) When the taxes charged, as mentioned in division (A) of | 77889 |
| this section, are not paid within the time prescribed by such | 77890 |
| division, a penalty of ten per cent of the amount due and unpaid | 77891 |
| and interest for the period described in division (A)(2) of this | 77892 |
| section shall accrue at the time the treasurer closes the | 77893 |
| treasurer's office for business on the last day so prescribed, but | 77894 |
| if the taxes are paid within ten days subsequent to the last day | 77895 |
| prescribed, the treasurer shall waive the collection of and the | 77896 |
| auditor shall remit one-half of the penalty. The treasurer shall | 77897 |
| not thereafter accept less than the full amount of taxes and | 77898 |
| penalty except as otherwise authorized by law. Such penalty shall | 77899 |
| be distributed in the same manner and at the same time as the tax | 77900 |
| upon which it has accrued. The whole amount collected shall be | 77901 |
| included in the next succeeding settlement of appropriate taxes. | 77902 |
| (C) When the taxes charged, as mentioned in division (A) of | 77903 |
| this section, remain unpaid after the final date for payment | 77904 |
| prescribed by such division, such charges shall be deemed to be | 77905 |
| delinquent taxes. The county auditor shall cause such charges, | 77906 |
| including the penalty that has accrued pursuant to this section, | 77907 |
| to be added to the delinquent tax duplicate in accordance with | 77908 |
| section 5719.04 of the Revised Code. | 77909 |
| (D) The county auditor, upon consultation with the county | 77910 |
| treasurer, shall remit a penalty imposed under division (B) of | 77911 |
|
this section or division | 77912 |
| Code for the late payment of taxes when: | 77913 |
| (1) The taxpayer could not make timely payment of the tax | 77914 |
| because of the negligence or error of the county auditor or county | 77915 |
| treasurer in the performance of a statutory duty relating to the | 77916 |
| levy or collection of such tax. | 77917 |
| (2) In cases other than those described in division (D)(1) of | 77918 |
| this section, the taxpayer failed to receive a tax bill or a | 77919 |
| correct tax bill, and the taxpayer made a good faith effort to | 77920 |
| obtain such bill within thirty days after the last day for payment | 77921 |
| of the tax. | 77922 |
| (3) The tax was not timely paid because of the death or | 77923 |
| serious injury of the taxpayer, or the taxpayer's confinement in a | 77924 |
| hospital within sixty days preceding the last day for payment of | 77925 |
| the tax if, in any case, the tax was subsequently paid within | 77926 |
| sixty days after the last day for payment of such tax. | 77927 |
| (4) The taxpayer demonstrates that the full payment was | 77928 |
| properly deposited in the mail in sufficient time for the envelope | 77929 |
| to be postmarked by the United States postal service on or before | 77930 |
| the last day for payment of such tax. A private meter postmark on | 77931 |
| an envelope is not a valid postmark for purposes of establishing | 77932 |
| the date of payment of such tax. | 77933 |
| (5) In cases other than those described in divisions (D)(1) | 77934 |
| to (4) of this section, the taxpayer's failure to make timely | 77935 |
| payment of the tax is due to reasonable cause and not willful | 77936 |
| neglect. | 77937 |
| (E) The taxpayer, upon application within sixty days after | 77938 |
| the mailing of the county auditor's decision, may request the tax | 77939 |
| commissioner to review the denial of the remission of a penalty by | 77940 |
| the county auditor. The application may be filed in person or by | 77941 |
| certified mail. If the application is filed by certified mail, the | 77942 |
| date of the United States postmark placed on the sender's receipt | 77943 |
| by the postal service shall be treated as the date of filing. The | 77944 |
| commissioner shall consider the application, determine whether the | 77945 |
| penalty should be remitted, and certify the determination to the | 77946 |
| taxpayer and to the county treasurer and county auditor, who shall | 77947 |
| correct the tax list and duplicate accordingly. The commissioner | 77948 |
| may issue orders and instructions for the uniform implementation | 77949 |
| of this section by all county auditors and county treasurers, and | 77950 |
| such orders and instructions shall be followed by such officers. | 77951 |
| Sec. 5715.02. The county treasurer, county auditor, and
| 77952 |
| 77953 | |
| selected by the board of county commissioners shall constitute the | 77954 |
| county board of revision, or they may provide for one or more | 77955 |
| hearing boards when they deem the creation of such to be necessary | 77956 |
| to the expeditious hearing of valuation complaints. Each such | 77957 |
|
official may | 77958 |
|
official's office to serve in | 77959 |
| on each such board for the purpose of hearing complaints as to the | 77960 |
| value of real property only, each such hearing board has the same | 77961 |
| authority to hear and decide complaints and sign the journal as | 77962 |
| the board of revision, and shall proceed in the manner provided | 77963 |
|
for the board of
revision by sections 5715.08 to 5715.20 | 77964 |
| 77965 | |
| shall be the decision of the board of revision. | 77966 |
| A majority of a county board of revision or hearing board | 77967 |
| shall constitute a quorum to hear and determine any complaint, and | 77968 |
| any vacancy shall not impair the right of the remaining members of | 77969 |
| such board, whether elected officials or appointees, to exercise | 77970 |
| all the powers thereof so long as a majority remains. | 77971 |
| Each member of a county board of revision or hearing board | 77972 |
| may administer oaths. | 77973 |
| Sec. 5715.251. The county auditor may appeal to the board of | 77974 |
| tax appeals any determination of change in the abstract of real | 77975 |
|
property of a taxing district in | 77976 |
| made by the tax commissioner under section 5715.24 of the Revised | 77977 |
| Code. The appeal shall be taken within thirty days after receipt | 77978 |
| of the statement by the county auditor of the commissioner's | 77979 |
| determination by the filing by the county auditor of a notice of | 77980 |
| appeal with the board and the commissioner. Such notice of appeal | 77981 |
| shall set forth the determination of the commissioner appealed | 77982 |
| from and the errors therein complained of. Proof of the filing of | 77983 |
| such notice with the commissioner shall be filed with the board. | 77984 |
| The board shall have exclusive jurisdiction of the appeal. | 77985 |
| In all such appeals the commissioner shall be made appellee. | 77986 |
| Unless waived, notice of the appeal shall be served upon the | 77987 |
| commissioner by certified mail. The prosecuting attorney shall | 77988 |
| represent the county auditor in such an appeal. | 77989 |
| The commissioner, upon written demand filed by the county | 77990 |
| auditor, shall within thirty days after the filing of such demand | 77991 |
| file with the board a certified transcript of the record of the | 77992 |
| commissioner's proceedings pertaining to the determination | 77993 |
|
complained of and the evidence | 77994 |
| making such determination. | 77995 |
| If upon hearing and consideration of such record and evidence | 77996 |
| the board decides that the determination appealed from is | 77997 |
| reasonable and lawful, it shall affirm the same, but if the board | 77998 |
| decides that such determination is unreasonable or unlawful, the | 77999 |
| board shall reverse and vacate the determination or modify it and | 78000 |
| enter final order in accordance with such modification. | 78001 |
| The secretary of the board shall | 78002 |
| the board to the county auditor and to the commissioner, and they | 78003 |
| shall take such action in connection therewith as is required to | 78004 |
| give effect to the order of the board. At the request of the | 78005 |
| county auditor, the board of tax appeal's order shall be sent by | 78006 |
| certified mail at the county auditor's expense. | 78007 |
| Sec. 5717.03. (A) A decision of the board of tax appeals on | 78008 |
| an appeal filed with it pursuant to section 5717.01, 5717.011, or | 78009 |
| 5717.02 of the Revised Code shall be entered of record on the | 78010 |
| journal together with the date when the order is filed with the | 78011 |
| secretary for journalization. | 78012 |
| (B) In case of an appeal from a decision of a county board of | 78013 |
| revision, the board of tax appeals shall determine the taxable | 78014 |
| value of the property whose valuation or assessment by the county | 78015 |
| board of revision is complained of, or in the event the complaint | 78016 |
| and appeal is against a discriminatory valuation, shall determine | 78017 |
| a valuation which shall correct such discrimination, and shall | 78018 |
| determine the liability of the property for taxation, if that | 78019 |
|
question is in issue, and the board of tax | 78020 |
| decision and the date when it was filed with the secretary for | 78021 |
|
journalization shall be | 78022 |
| 78023 | |
| board, to the person in whose name the property is listed, or | 78024 |
| sought to be listed, if such person is not a party to the appeal, | 78025 |
| to the county auditor of the county in which the property involved | 78026 |
| in the appeal is located, and to the tax commissioner. | 78027 |
| In correcting a discriminatory valuation, the board of tax | 78028 |
| appeals shall increase or decrease the value of the property whose | 78029 |
| valuation or assessment by the county board of revision is | 78030 |
| complained of by a per cent or amount which will cause such | 78031 |
| property to be listed and valued for taxation by an equal and | 78032 |
| uniform rule. | 78033 |
| (C) In the case of an appeal from a review, redetermination, | 78034 |
| or correction of a tax assessment, valuation, determination, | 78035 |
| finding, computation, or order of the tax commissioner, the order | 78036 |
| of the board of tax appeals and the date of the entry thereof upon | 78037 |
|
its journal shall be | 78038 |
| to all persons who were parties to the appeal before the board, | 78039 |
| the person in whose name the property is listed or sought to be | 78040 |
| listed, if the decision determines the valuation or liability of | 78041 |
| property for taxation and if such person is not a party to the | 78042 |
| appeal, the taxpayer or other person to whom notice of the tax | 78043 |
| assessment, valuation, determination, finding, computation, or | 78044 |
| order, or correction or redetermination thereof, by the tax | 78045 |
| commissioner was by law required to be given, the director of | 78046 |
| budget and management, if the revenues affected by such decision | 78047 |
| would accrue primarily to the state treasury, and the county | 78048 |
| auditors of the counties to the undivided general tax funds of | 78049 |
| which the revenues affected by such decision would primarily | 78050 |
| accrue. | 78051 |
| (D) In the case of an appeal from a municipal board of appeal | 78052 |
| created under section 718.11 of the Revised Code, the order of the | 78053 |
| board of tax appeals and the date of the entry thereof upon the | 78054 |
|
board's journal shall be | 78055 |
| 78056 | |
| board. | 78057 |
| (E) In the case of all other appeals or applications filed | 78058 |
| with and determined by the board, the board's order and the date | 78059 |
| when the order was filed by the secretary for journalization shall | 78060 |
|
be | 78061 |
| is a party to such appeal or application, to such persons as the | 78062 |
| law requires, and to such other persons as the board deems proper. | 78063 |
| (F) The orders of the board may affirm, reverse, vacate, | 78064 |
| modify, or remand the tax assessments, valuations, determinations, | 78065 |
| findings, computations, or orders complained of in the appeals | 78066 |
| determined by the board, and the board's decision shall become | 78067 |
| final and conclusive for the current year unless reversed, | 78068 |
| vacated, or modified as provided in section 5717.04 of the Revised | 78069 |
| Code. When an order of the board becomes final the tax | 78070 |
| commissioner and all officers to whom such decision has been | 78071 |
| 78072 | |
| records which the decision requires. | 78073 |
| (G) If the board finds that issues not raised on the appeal | 78074 |
| are important to a determination of a controversy, the board may | 78075 |
| remand the cause for an administrative determination and the | 78076 |
| issuance of a new tax assessment, valuation, determination, | 78077 |
| finding, computation, or order, unless the parties stipulate to | 78078 |
| the determination of such other issues without remand. An order | 78079 |
| remanding the cause is a final order. If the order relates to any | 78080 |
| issue other than a municipal income tax matter appealed under | 78081 |
| sections 718.11 and 5717.011 of the Revised Code, the order may be | 78082 |
| appealed to the court of appeals in Franklin county. If the order | 78083 |
| relates to a municipal income tax matter appealed under sections | 78084 |
| 718.11 and 5717.011 of the Revised Code, the order may be appealed | 78085 |
| to the court of appeals for the county in which the municipal | 78086 |
| corporation in which the dispute arose is primarily situated. | 78087 |
| (H) At the request of any person that filed an appeal subject | 78088 |
| to this section, the decision or order of the board of tax appeals | 78089 |
| issued pursuant to division (B), (C), (D), or (E) of this section | 78090 |
| shall be sent by certified mail at the requestor's expense. | 78091 |
| Sec. 5717.04. The proceeding to obtain a reversal, vacation, | 78092 |
| or modification of a decision of the board of tax appeals shall be | 78093 |
| by appeal to the supreme court or the court of appeals for the | 78094 |
| county in which the property taxed is situate or in which the | 78095 |
| taxpayer resides. If the taxpayer is a corporation, then the | 78096 |
| proceeding to obtain such reversal, vacation, or modification | 78097 |
| shall be by appeal to the supreme court or to the court of appeals | 78098 |
| for the county in which the property taxed is situate, or the | 78099 |
| county of residence of the agent for service of process, tax | 78100 |
| notices, or demands, or the county in which the corporation has | 78101 |
| its principal place of business. In all other instances, the | 78102 |
| proceeding to obtain such reversal, vacation, or modification | 78103 |
| shall be by appeal to the court of appeals for Franklin county. | 78104 |
| Appeals from decisions of the board determining appeals from | 78105 |
| decisions of county boards of revision may be instituted by any of | 78106 |
| the persons who were parties to the appeal before the board of tax | 78107 |
| appeals, by the person in whose name the property involved in the | 78108 |
| appeal is listed or sought to be listed, if such person was not a | 78109 |
| party to the appeal before the board of tax appeals, or by the | 78110 |
| county auditor of the county in which the property involved in the | 78111 |
| appeal is located. | 78112 |
| Appeals from decisions of the board of tax appeals | 78113 |
| determining appeals from final determinations by the tax | 78114 |
| commissioner of any preliminary, amended, or final tax | 78115 |
| assessments, reassessments, valuations, determinations, findings, | 78116 |
| computations, or orders made by the commissioner may be instituted | 78117 |
| by any of the persons who were parties to the appeal or | 78118 |
| application before the board, by the person in whose name the | 78119 |
| property is listed or sought to be listed, if the decision | 78120 |
| appealed from determines the valuation or liability of property | 78121 |
| for taxation and if any such person was not a party to the appeal | 78122 |
| or application before the board, by the taxpayer or any other | 78123 |
| person to whom the decision of the board appealed from was by law | 78124 |
|
required to be | 78125 |
|
management | 78126 |
| appealed from would accrue primarily to the state treasury, by the | 78127 |
| county auditor of the county to the undivided general tax funds of | 78128 |
| which the revenues affected by the decision of the board appealed | 78129 |
| from would primarily accrue, or by the tax commissioner. | 78130 |
| Appeals from decisions of the board upon all other appeals or | 78131 |
| applications filed with and determined by the board may be | 78132 |
| instituted by any of the persons who were parties to such appeal | 78133 |
| or application before the board, by any persons to whom the | 78134 |
| decision of the board appealed from was by law required to be | 78135 |
| 78136 | |
| sent the decision appealed from, as authorized by section 5717.03 | 78137 |
| of the Revised Code. | 78138 |
| Such appeals shall be taken within thirty days after the date | 78139 |
| of the entry of the decision of the board on the journal of its | 78140 |
| proceedings, as provided by such section, by the filing by | 78141 |
| appellant of a notice of appeal with the court to which the appeal | 78142 |
| is taken and the board. If a timely notice of appeal is filed by a | 78143 |
| party, any other party may file a notice of appeal within ten days | 78144 |
| of the date on which the first notice of appeal was filed or | 78145 |
| within the time otherwise prescribed in this section, whichever is | 78146 |
| later. A notice of appeal shall set forth the decision of the | 78147 |
| board appealed from and the errors therein complained of. Proof of | 78148 |
| the filing of such notice with the board shall be filed with the | 78149 |
| court to which the appeal is being taken. The court in which | 78150 |
| notice of appeal is first filed shall have exclusive jurisdiction | 78151 |
| of the appeal. | 78152 |
| In all such appeals the tax commissioner or all persons to | 78153 |
| whom the decision of the board appealed from is required by such | 78154 |
|
section to be | 78155 |
| made appellees. Unless waived, notice of the appeal shall be | 78156 |
| served upon all appellees by certified mail. The prosecuting | 78157 |
| attorney shall represent the county auditor in any such appeal in | 78158 |
| which the auditor is a party. | 78159 |
| The board, upon written demand filed by an appellant, shall | 78160 |
| within thirty days after the filing of such demand file with the | 78161 |
| court to which the appeal is being taken a certified transcript of | 78162 |
| the record of the proceedings of the board pertaining to the | 78163 |
| decision complained of and the evidence considered by the board in | 78164 |
| making such decision. | 78165 |
| If upon hearing and consideration of such record and evidence | 78166 |
| the court decides that the decision of the board appealed from is | 78167 |
| reasonable and lawful it shall affirm the same, but if the court | 78168 |
| decides that such decision of the board is unreasonable or | 78169 |
| unlawful, the court shall reverse and vacate the decision or | 78170 |
| modify it and enter final judgment in accordance with such | 78171 |
| modification. | 78172 |
| The clerk of the court shall certify the judgment of the | 78173 |
| court to the board, which shall certify such judgment to such | 78174 |
| public officials or take such other action in connection therewith | 78175 |
| as is required to give effect to the decision. The "taxpayer" | 78176 |
| includes any person required to return any property for taxation. | 78177 |
| Any party to the appeal shall have the right to appeal from | 78178 |
| the judgment of the court of appeals on questions of law, as in | 78179 |
| other cases. | 78180 |
| Sec. 5721.03. (A) At the time of making the delinquent land | 78181 |
| list, as provided in section 5721.011 of the Revised Code, the | 78182 |
| county auditor shall compile a delinquent tax list consisting of | 78183 |
| all lands on the delinquent land list on which taxes have become | 78184 |
| delinquent at the close of the collection period immediately | 78185 |
| preceding the making of the delinquent land list. The auditor | 78186 |
| shall also compile a delinquent vacant land tax list of all | 78187 |
| delinquent vacant lands prior to the institution of any | 78188 |
| foreclosure and forfeiture actions against delinquent vacant lands | 78189 |
| under section 5721.14 of the Revised Code or any foreclosure | 78190 |
| actions against delinquent vacant lands under section 5721.18 of | 78191 |
| the Revised Code. | 78192 |
| The delinquent tax list, and the delinquent vacant land tax | 78193 |
| list if one is compiled, shall contain all of the information | 78194 |
| included on the delinquent land list, except that, if the | 78195 |
| auditor's records show that the name of the person in whose name | 78196 |
| the property currently is listed is not the name that appears on | 78197 |
| the delinquent land list, the name used in the delinquent tax list | 78198 |
| or the delinquent vacant land tax list shall be the name of the | 78199 |
| person the auditor's records show as the person in whose name the | 78200 |
| property currently is listed. | 78201 |
| Lands that have been included in a previously published | 78202 |
| delinquent tax list shall not be included in the delinquent tax | 78203 |
| list so long as taxes have remained delinquent on such lands for | 78204 |
| the entire intervening time. | 78205 |
| In either list, there may be included lands that have been | 78206 |
| omitted in error from a prior list and lands with respect to which | 78207 |
| the auditor has received a certification that a delinquent tax | 78208 |
| contract has become void since the publication of the last | 78209 |
| previously published list, provided the name of the owner was | 78210 |
| stricken from a prior list under section 5721.02 of the Revised | 78211 |
| Code. | 78212 |
| (B)(1) | 78213 |
| section, the county auditor shall cause the delinquent tax list | 78214 |
| and the delinquent vacant land tax list, if one is compiled, to be | 78215 |
| published twice within sixty days after the delivery of the | 78216 |
| delinquent land duplicate to the county treasurer, in a newspaper | 78217 |
| of general circulation in the county. The publication shall be | 78218 |
| printed in the English language. | 78219 |
| The auditor shall insert display notices of the forthcoming | 78220 |
| publication of the delinquent tax list and, if it is to be | 78221 |
| published, the delinquent vacant land tax list once a week for two | 78222 |
| consecutive weeks in a newspaper of general circulation in the | 78223 |
| county. The display notices shall contain the times and methods of | 78224 |
| payment of taxes provided by law, including information concerning | 78225 |
| installment payments made in accordance with a written delinquent | 78226 |
| tax contract. The display notice for the delinquent tax list also | 78227 |
| shall include a notice that an interest charge will accrue on | 78228 |
| accounts remaining unpaid after the last day of November unless | 78229 |
| the taxpayer enters into a written delinquent tax contract to pay | 78230 |
| such taxes in installments. The display notice for the delinquent | 78231 |
| vacant land tax list if it is to be published also shall include a | 78232 |
| notice that delinquent vacant lands in the list are lands on which | 78233 |
| taxes have remained unpaid for one year after being certified | 78234 |
| delinquent, and that they are subject to foreclosure proceedings | 78235 |
| as provided in section 323.25, sections 323.65 to 323.79, or | 78236 |
| section 5721.18 of the Revised Code, or foreclosure and | 78237 |
| forfeiture proceedings as provided in section 5721.14 of the | 78238 |
| Revised Code. Each display notice also shall state that the lands | 78239 |
| are subject to a tax certificate sale under section 5721.32 or | 78240 |
| 5721.33 of the Revised Code or assignment to a county land | 78241 |
| reutilization corporation, as the case may be, and shall include | 78242 |
| any other information that the auditor considers pertinent to | 78243 |
| the purpose of the notice. The display notices shall be | 78244 |
| furnished by the auditor to the newspapers selected to publish | 78245 |
| the lists at least ten days before their first publication. | 78246 |
| (2) Publication of the list or lists may be made by a | 78247 |
| newspaper in installments, provided the complete publication of | 78248 |
| each list is made twice during the sixty-day period. | 78249 |
| (3) There shall be attached to the delinquent tax list a | 78250 |
| notice that the delinquent lands will be certified for foreclosure | 78251 |
| by the auditor unless the taxes, assessments, interest, and | 78252 |
| penalties due and owing on them are paid. There shall be attached | 78253 |
| to the delinquent vacant land tax list, if it is to be published, | 78254 |
| a notice that delinquent vacant lands will be certified for | 78255 |
| foreclosure or foreclosure and forfeiture by the auditor unless | 78256 |
| the taxes, assessments, interest, and penalties due and owing on | 78257 |
| them are paid within twenty-eight days after the final publication | 78258 |
| of the notice. | 78259 |
| (4) The auditor shall review the first publication of each | 78260 |
| list for accuracy and completeness and may correct any errors | 78261 |
| appearing in the list in the second publication. | 78262 |
| (5) In lieu of publication of the display notices and list in | 78263 |
| a newspaper as otherwise required in division (B) of this | 78264 |
| section, a county auditor who maintains a web site accessible to | 78265 |
| the public via the internet may publish the display notice and | 78266 |
| list by posting them on the web site. The list shall first be | 78267 |
| posted within thirty days after the delinquent land duplicate is | 78268 |
| delivered to the county treasurer and, once posted, shall continue | 78269 |
| to be posted for at least sixty days after such delivery. The | 78270 |
| notice required by division (B)(3) of this section shall be in the | 78271 |
| form prescribed by section 5721.06 of the Revised Code and shall | 78272 |
| be prominently displayed on the posting. The display notice shall | 78273 |
| be posted not later than two weeks before the date the list is | 78274 |
| required to be posted and, once posted, shall continue to be | 78275 |
| posted until the list is posted. The county auditor may correct | 78276 |
| any errors on the list during the time it is posted. | 78277 |
| (C) For the purposes of section 5721.18 of the Revised Code, | 78278 |
| land is first certified delinquent on the date of the | 78279 |
| certification of the delinquent land list containing that land. | 78280 |
| Sec. 5725.151. (A) As used in this section, "certificate | 78281 |
| owner" has the same meaning as in section 149.311 of the Revised | 78282 |
| Code. | 78283 |
| (B) There is allowed a credit against the tax imposed by | 78284 |
| section 5707.03 and assessed under section 5725.15 of the | 78285 |
| Revised Code for a dealer in intangibles subject to that tax | 78286 |
| that is a certificate owner of a rehabilitation tax credit | 78287 |
| certificate issued under section 149.311 of the Revised Code. The | 78288 |
| credit shall equal twenty-five per cent of the dollar amount | 78289 |
| indicated on the certificate, but the amount of the credit | 78290 |
| allowed for any dealer for any year shall not exceed five million | 78291 |
| dollars. The credit shall be claimed in the calendar year | 78292 |
| specified in the certificate. If the credit exceeds the amount of | 78293 |
| tax otherwise due in that year, the excess shall be refunded to | 78294 |
| the dealer but, if any amount of the credit is refunded, the sum | 78295 |
| of the amount refunded and the amount applied to reduce the tax | 78296 |
| otherwise due in that year shall not exceed three million | 78297 |
| dollars. The dealer may carry forward any balance of the credit | 78298 |
| in excess of the amount claimed in that year for not more than | 78299 |
| five ensuing years, and shall deduct any amount claimed in any | 78300 |
| such year from the amount claimed in an ensuing year. | 78301 |
| If the dealer is a pass-through entity as defined in section | 78302 |
| 5733.04 of the Revised Code, the credit may be allocated among the | 78303 |
| dealer's equity owners in proportion to their ownership interests | 78304 |
| or in such proportions or amounts as the equity owners mutually | 78305 |
| agree. | 78306 |
| (C) A dealer in intangibles claiming a credit under this | 78307 |
| section shall retain the rehabilitation tax credit certificate for | 78308 |
| four years following the end of the year in which the credit was | 78309 |
| claimed, and shall make the certificate available for inspection | 78310 |
| by the tax commissioner upon the request of the tax commissioner | 78311 |
| during that period. | 78312 |
| (D) For the purpose of division (C) of section 5725.24 of the | 78313 |
| Revised Code, reductions in the amount of taxes collected on | 78314 |
| account of credits allowed under this section shall be applied to | 78315 |
| reduce the amount credited to the general revenue fund and shall | 78316 |
| not be applied to reduce the amount to be credited to the | 78317 |
| undivided local government funds of the counties in which such | 78318 |
| taxes originate. | 78319 |
| Sec. 5725.18. (A) An annual franchise tax on the privilege | 78320 |
| of being an insurance company is hereby levied on each domestic | 78321 |
| insurance company. In the month of May, annually, the treasurer of | 78322 |
| state shall charge for collection from each domestic insurance | 78323 |
| company a franchise tax in the amount computed in accordance with | 78324 |
| the following, as applicable: | 78325 |
| (1) With respect to a domestic insurance company that is a | 78326 |
| health insuring corporation, one per cent of all premium rate | 78327 |
| payments received, exclusive of payments received under the | 78328 |
| medicare program established under Title XVIII of the "Social | 78329 |
| Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, | 78330 |
| 78331 | |
| 78332 | |
| report for the preceding calendar year; | 78333 |
| (2) With respect to a domestic insurance company that is not | 78334 |
| a health insuring corporation, one and four-tenths per cent of the | 78335 |
| gross amount of premiums received from policies covering risks | 78336 |
| within this state, exclusive of premiums received under the | 78337 |
| medicare program established under Title XVIII of the "Social | 78338 |
| Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, | 78339 |
| 78340 | |
| 78341 | |
| statement for the preceding calendar year, and, if the company | 78342 |
| operates a health insuring corporation as a line of business, one | 78343 |
| per cent of all premium rate payments received from that line of | 78344 |
| business, exclusive of payments received under the medicare | 78345 |
| program established under Title XVIII of the "Social Security | 78346 |
|
Act," 49 Stat. 620 (1935), 42
U.S.C.A.
301, as amended, | 78347 |
| 78348 | |
| 78349 | |
| statement for the preceding calendar year. | 78350 |
| (B) The gross amount of premium rate payments or premiums | 78351 |
| used to compute the applicable tax in accordance with division (A) | 78352 |
| of this section is subject to the deductions prescribed by section | 78353 |
| 5729.03 of the Revised Code for foreign insurance companies. The | 78354 |
| objects of such tax are those declared in section 5725.24 of the | 78355 |
| Revised Code, to which only such tax shall be applied. | 78356 |
| (C) In no case shall such tax be less than two hundred fifty | 78357 |
| dollars. | 78358 |
| Sec. 5725.33. (A) Except as otherwise provided in this | 78359 |
| section, terms used in this section have the same meaning as | 78360 |
| section 45D of the Internal Revenue Code, any related proposed, | 78361 |
| temporary or final regulations promulgated under the Internal | 78362 |
| Revenue Code, any rules or guidance of the internal revenue | 78363 |
| service or the United States department of the treasury, and any | 78364 |
| related rules or guidance issued by the community development | 78365 |
| financial institutions fund of the United States department of the | 78366 |
| treasury, as such law, regulations, rules, and guidance exist on | 78367 |
| the effective date of the enactment of this section by H.B. 1 of | 78368 |
| the 128th general assembly. | 78369 |
| As used in this section: | 78370 |
| (1) "Adjusted purchase price" means the amount paid for | 78371 |
| qualified equity investments multiplied by the qualified | 78372 |
| low-income community investments made by the issuer in projects | 78373 |
| located in this state as a percentage of the total amount of | 78374 |
| qualified low-income community investments made by the issuer in | 78375 |
| projects located in all states on the credit allowance date | 78376 |
| during the applicable tax year, subject to divisions (B)(1) and | 78377 |
| (2) of this section. | 78378 |
| (2) "Applicable percentage" means zero per cent for each of | 78379 |
| the first two credit allowance dates, seven per cent for the third | 78380 |
| credit allowance date, and eight per cent for the four following | 78381 |
| credit allowance dates. | 78382 |
| (3) "Credit allowance date" means the date, on or after | 78383 |
| January 1, 2010, a qualified equity investment is made and each | 78384 |
| of the six anniversary dates thereafter. For qualified equity | 78385 |
| investments made after the effective date of this section but | 78386 |
| before January 1, 2010, the initial credit allowance date is | 78387 |
| January 1, 2010, and each of the six anniversary dates thereafter | 78388 |
| is on the first day of January of each year. | 78389 |
| (4) "Qualified active low-income community business" excludes | 78390 |
| any business that derives or projects to derive fifteen per cent | 78391 |
| or more of annual revenue from the rental or sale of real | 78392 |
| property, except any business that is a special purpose entity | 78393 |
| principally owned by a principal user of that property formed | 78394 |
| solely for the purpose of renting, either directly or indirectly, | 78395 |
| or selling real property back to such principal user if such | 78396 |
| principal user does not derive fifteen per cent or more of its | 78397 |
| gross annual revenue from the rental or sale of real property. | 78398 |
| (5) "Qualified community development entity" includes only | 78399 |
| entities: | 78400 |
| (a) That have entered into an allocation agreement with the | 78401 |
| community development financial institutions fund of the United | 78402 |
| States department of the treasury with respect to credits | 78403 |
| authorized by section 45D of the Internal Revenue Code; | 78404 |
| (b) Whose service area includes any portion of this state; | 78405 |
| and | 78406 |
| (c) That will designate an equity investment in such entities | 78407 |
| as a qualified equity investment for purposes of both section 45D | 78408 |
| of the Internal Revenue Code and this section. | 78409 |
| (6) "Qualified equity investment" is limited to an equity | 78410 |
| investment in a qualified community development entity that: | 78411 |
| (a) Is acquired after the effective date of the enactment of | 78412 |
| this section at its original issuance solely in exchange for | 78413 |
| cash; | 78414 |
| (b) Has at least eighty-five per cent of its cash purchase | 78415 |
| price used by the qualified community development entity to make | 78416 |
| qualified low-income community investments, provided that in the | 78417 |
| seventh year after a qualified equity investment is made, only | 78418 |
| seventy-five per cent of such cash purchase price must be used by | 78419 |
| the qualified community development entity to make qualified | 78420 |
| low-income community investments; and | 78421 |
| (c) Is designated by the issuer as a qualified equity | 78422 |
| investment. | 78423 |
| "Qualified equity investment" includes any equity investment | 78424 |
| that would, but for division (A)(6)(a) of this section, be a | 78425 |
| qualified equity investment in the hands of the taxpayer if such | 78426 |
| investment was a qualified equity investment in the hands of a | 78427 |
| prior holder. | 78428 |
| (B) There is hereby allowed a nonrefundable credit against | 78429 |
| the tax imposed by section 5725.18 of the Revised Code for an | 78430 |
| insurance company holding a qualified equity investment on the | 78431 |
| credit allowance date occurring in the calendar year for which the | 78432 |
| tax is due. The credit shall equal the applicable percentage of | 78433 |
| the adjusted purchase price of qualified low-income community | 78434 |
| investments, subject to divisions (B)(1) and (2) of this section: | 78435 |
| (1) For the purpose of calculating the amount of qualified | 78436 |
| low-income community investments held by a qualified community | 78437 |
| development entity, an investment shall be considered held by a | 78438 |
| qualified community development entity even if the investment has | 78439 |
| been sold or repaid, provided that, at any time before the seventh | 78440 |
| anniversary of the issuance of the qualified equity investment, | 78441 |
| the qualified community development entity reinvests an amount | 78442 |
| equal to the capital returned to or received or recovered by the | 78443 |
| qualified community development entity from the original | 78444 |
| investment, exclusive of any profits realized and costs incurred | 78445 |
| in the sale or repayment, in another qualified low-income | 78446 |
| community investment within twelve months of the receipt of such | 78447 |
| capital. If the qualified low-income community investment is sold | 78448 |
| or repaid after the sixth anniversary of the issuance of the | 78449 |
| qualified equity investment, the qualified low-income community | 78450 |
| investment shall be considered held by the qualfied community | 78451 |
| development entity through the seventh anniversary of the | 78452 |
| qualified equity investment's issuance. | 78453 |
| (2) The qualified low-income community investment made in | 78454 |
| this state shall equal the sum of the qualified low-income | 78455 |
| community investments in each qualified active low-income | 78456 |
| community business in this state, not to exceed two million five | 78457 |
| hundred sixty-four thousand dollars, in which the qualified | 78458 |
| community development entity invests, including such investments | 78459 |
| in any such businesses in this state related to that qualified | 78460 |
| active low-income community business through majority ownership | 78461 |
| or control. | 78462 |
| The credit shall be claimed in the order prescribed by | 78463 |
| section 5725.98 of the Revised Code. If the amount of the credit | 78464 |
| exceeds the amount of tax otherwise due after deducting all other | 78465 |
| credits in that order, the excess may be carried forward and | 78466 |
| applied to the tax due for not more than four ensuing years. | 78467 |
| By claiming a tax credit under this section, an insurance | 78468 |
| company waives its rights under section 5725.222 of the Revised | 78469 |
| Code with respect to the time limitation for the assessment of | 78470 |
| taxes as it relates to credits claimed that later become subject | 78471 |
| to recapture under division (E) of this section. | 78472 |
| (C) The amount of qualified equity investments on the basis | 78473 |
| of which credits may be claimed under this section and sections | 78474 |
| 5729.16 and 5733.58 of the Revised Code shall not exceed the | 78475 |
| amount, estimated by the director of development, that would | 78476 |
| cause the total amount of credits allowed each fiscal year to | 78477 |
| exceed ten million dollars, computed without regard to the | 78478 |
| potential for taxpayers to carry tax credits forward to later | 78479 |
| years. | 78480 |
| (D) If any amount of the federal tax credit allowed for a | 78481 |
| qualified equity investment for which a credit was received under | 78482 |
| this section is recaptured under section 45D of the Internal | 78483 |
| Revenue Code, or if the director of development determines that an | 78484 |
| investment for which a tax credit is claimed under this section is | 78485 |
| not a qualified equity investment or that the proceeds of an | 78486 |
| investment for which a tax credit is claimed under this section | 78487 |
| are used to make qualified low-income community investments other | 78488 |
| than in a qualified active low-income community business, all or a | 78489 |
| portion of the credit received on account of that investment | 78490 |
| shall be paid by the insurance company that received the credit | 78491 |
| to the superintendent of insurance. The amount to be recovered | 78492 |
| shall be determined by the director of development pursuant to | 78493 |
| rules adopted under division (E) of this section. The director | 78494 |
| shall certify any amount due under this division to the | 78495 |
| superintendent of insurance, and the superintendent shall notify | 78496 |
| the treasurer of state of the amount due. Upon notification, the | 78497 |
| treasurer shall invoice the insurance company for the amount due. | 78498 |
| The amount due is payable not later than thirty days after the | 78499 |
| date the treasurer invoices the insurance company. The amount due | 78500 |
| shall be considered to be tax due under section 5725.18 of the | 78501 |
| Revised Code, and may be collected by assessment without regard | 78502 |
| to the time limitations imposed under section 5725.222 of the | 78503 |
| Revised Code for the assessment of taxes by the superintendent. | 78504 |
| All amounts collected under this division shall be credited as | 78505 |
| revenue from the tax levied under section 5725.18 of the Revised | 78506 |
| Code. | 78507 |
| (E) The tax credits authorized under this section and | 78508 |
| sections 5729.16 and 5733.58 of the Revised Code shall be | 78509 |
| administered by the department of development. The director of | 78510 |
| development, in consultation with the tax commissioner and the | 78511 |
| superintendent of insurance, pursuant to Chapter 119. of the | 78512 |
| Revised Code, shall adopt rules for the administration of this | 78513 |
| section and sections 5729.16 and 5733.58 of the Revised Code. The | 78514 |
| rules shall provide for determining the recovery of credits under | 78515 |
| division (D) of this section, division (D) of section 5729.16, | 78516 |
| and section 5733.58 of the Revised Code, including prorating the | 78517 |
| amount of the credit to be recovered on any reasonable basis, the | 78518 |
| manner in which credits may be allocated among claimants, and the | 78519 |
| amount of any application or other fees to be charged in | 78520 |
| connection with a recovery. | 78521 |
| (F) There is hereby created in the state treasury the new | 78522 |
| markets tax credit operating fund. The director of development is | 78523 |
| authorized to charge reasonable application and other fees in | 78524 |
| connection with the administration of tax credits authorized by | 78525 |
| this section and sections 5729.16 and 5733.58 of the Revised Code. | 78526 |
| Any such fees collected shall be credited to the fund. The | 78527 |
| director of development shall use money in the fund to pay | 78528 |
| expenses related to the administration of tax credits authorized | 78529 |
| under sections 5725.33, 5729.16, and 5733.58 of the Revised Code. | 78530 |
| Sec. 5725.98. (A) To provide a uniform procedure for | 78531 |
| calculating the amount of tax imposed by section 5725.18 of the | 78532 |
| Revised Code that is due under this chapter, a taxpayer shall | 78533 |
| claim any credits and offsets against tax liability to which it is | 78534 |
| entitled in the following order: | 78535 |
| (1) The credit for an insurance company or insurance company | 78536 |
| group under section 5729.031 of the Revised Code. | 78537 |
| (2) The credit for eligible employee training costs under | 78538 |
| section 5725.31 of the Revised Code. | 78539 |
| (3) The credit for purchasers of qualified low-income | 78540 |
| community investments under section 5725.33 of the Revised Code; | 78541 |
| (4) The job retention credit under section 122.171 of the | 78542 |
| Revised Code; | 78543 |
| (5) The offset of assessments by the Ohio life and health | 78544 |
| insurance guaranty association permitted by section 3956.20 of the | 78545 |
| Revised Code. | 78546 |
| | 78547 |
| section 5725.32 of the Revised Code. | 78548 |
| | 78549 |
| the Revised Code for losses on loans made under the Ohio venture | 78550 |
| capital program under sections 150.01 to 150.10 of the Revised | 78551 |
| Code. | 78552 |
| (B) For any credit except the credits enumerated in divisions | 78553 |
|
(A) | 78554 |
| a taxable year shall not exceed the tax due after allowing for any | 78555 |
| other credit that precedes it in the order required under this | 78556 |
| section. Any excess amount of a particular credit may be carried | 78557 |
| forward if authorized under the section creating that credit. | 78558 |
| Nothing in this chapter shall be construed to allow a taxpayer to | 78559 |
| claim, directly or indirectly, a credit more than once for a | 78560 |
| taxable year. | 78561 |
| Sec. 5727.811. (A) For the purpose of raising revenue for | 78562 |
| public education and state and local government operations, an | 78563 |
| excise tax is hereby levied on every natural gas distribution | 78564 |
| company for all natural gas volumes billed by, or on behalf of, | 78565 |
| the company beginning with the measurement period that includes | 78566 |
| July 1, 2001. Except as provided in divisions (C) or (D) of this | 78567 |
| section, the tax shall be levied at the following rates per MCF of | 78568 |
| natural gas distributed by the company through a meter of an end | 78569 |
| user in this state: | 78570 |
| MCF DISTRIBUTED TO AN END USER | RATE PER MCF | 78571 | ||
| For the first 100 MCF per month | $.1593 | 78572 | ||
| For the next 101 to 2000 MCF per month | $.0877 | 78573 | ||
| For 2001 and above MCF per month | $.0411 | 78574 |
| If no meter is used to measure the MCF of natural gas | 78575 |
| distributed by the company, the rates shall apply to the estimated | 78576 |
| MCF of natural gas distributed to an unmetered location in this | 78577 |
| state. | 78578 |
| (B) A natural gas distribution company shall base the tax on | 78579 |
| the MCF of natural gas distributed to an end user through the | 78580 |
| meter of the end user in this state that is estimated to be | 78581 |
| consumed by the end user as reflected on the end user's customer | 78582 |
| statement from the natural gas distribution company. Until January | 78583 |
| 1, 2003, the natural gas distribution company shall pay the tax | 78584 |
| levied by this section to the treasurer of state in accordance | 78585 |
| with section 5727.82 of the Revised Code. Beginning January 1, | 78586 |
| 2003, the natural gas distribution company shall pay the tax | 78587 |
| levied by this section to the tax commissioner in accordance with | 78588 |
| section 5727.82 of the Revised Code unless required to remit | 78589 |
| payment to the treasurer of state in accordance with section | 78590 |
| 5727.83 of the Revised Code. | 78591 |
| (C)
A natural gas distribution company with | 78592 |
| thousand customers or less may elect to apply the rates specified | 78593 |
| in division (A) of this section to the aggregate of the natural | 78594 |
| gas distributed by the company through the meter of all its | 78595 |
| customers in this state, and upon such election, this method shall | 78596 |
| be used to determine the amount of tax to be paid by such company. | 78597 |
| (D) A natural gas distribution company shall pay the tax | 78598 |
| imposed by this section at the rate of $.02 per MCF of natural gas | 78599 |
| distributed by the company through the meter of a flex customer. | 78600 |
| The natural gas distribution company correspondingly shall reduce | 78601 |
| the per MCF rate that it charges the flex customer for natural gas | 78602 |
| distribution services by $.02 per MCF of natural gas distributed | 78603 |
| to the flex customer. | 78604 |
| (E) Except as provided in division (F) of this section, each | 78605 |
| natural gas distribution company shall pay the tax imposed by this | 78606 |
| section in all of the following circumstances: | 78607 |
| (1) The natural gas is distributed by the company through a | 78608 |
| meter of an end user in this state; | 78609 |
| (2) The natural gas distribution company is distributing | 78610 |
| natural gas through a meter located in another state, but the | 78611 |
| natural gas is consumed in this state in the manner prescribed by | 78612 |
| the tax commissioner; | 78613 |
| (3) The natural gas distribution company is distributing | 78614 |
| natural gas in this state without the use of a meter, but the | 78615 |
| natural gas is consumed in this state as estimated and in the | 78616 |
| manner prescribed by the tax commissioner. | 78617 |
| (F) The tax levied by this section does not apply to the | 78618 |
| distribution of natural gas to the federal government, or natural | 78619 |
| gas produced by an end user in this state that is consumed by that | 78620 |
| end user or its affiliates and is not distributed through the | 78621 |
| facilities of a natural gas company. | 78622 |
| Sec. 5727.84. (A) As used in this section and sections | 78623 |
| 5727.85, 5727.86, and 5727.87 of the Revised Code: | 78624 |
| (1) "School district" means a city, local, or exempted | 78625 |
| village school district. | 78626 |
| (2) "Joint vocational school district" means a joint | 78627 |
| vocational school district created under section 3311.16 of the | 78628 |
| Revised Code, and includes a cooperative education school district | 78629 |
| created under section 3311.52 or 3311.521 of the Revised Code and | 78630 |
| a county school financing district created under section 3311.50 | 78631 |
| of the Revised Code. | 78632 |
| (3) "Local taxing unit" means a subdivision or taxing unit, | 78633 |
| as defined in section 5705.01 of the Revised Code, a park district | 78634 |
| created under Chapter 1545. of the Revised Code, or a township | 78635 |
| park district established under section 511.23 of the Revised | 78636 |
| Code, but excludes school districts and joint vocational school | 78637 |
| districts. | 78638 |
| (4) "State education aid," for a school district, means the | 78639 |
| sum of state aid amounts computed for the district under | 78640 |
| divisions (A), (C)(1), (C)(4), (D), (E), and (F) of section | 78641 |
| 3317.022; divisions (B), (C), and (D) of section 3317.023; | 78642 |
| divisions (G), (L), and (N) of section 3317.024; and sections | 78643 |
| 3317.029, 3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and | 78644 |
| 3317.053 of the Revised Code; and the adjustments required by: | 78645 |
| division (C) of section 3310.08; division (C)(2) of section | 78646 |
| 3310.41; section 3310.55; division (C) of section 3314.08; | 78647 |
| division (D)(2) of section 3314.091; division (D) of section | 78648 |
| 3314.13; divisions (E), (K), (L), (M), and (N) of section | 78649 |
| 3317.023; division (C) of section 3317.20; and sections | 78650 |
| 3313.979 and 3313.981 of the Revised Code. However, when | 78651 |
| calculating state education aid for a school district for | 78652 |
| fiscal years 2008 and 2009, include the amount computed for | 78653 |
| the district under Section 269.20.80 of H.B. 119 of the 127th | 78654 |
| general assembly, as subsequently amended, instead of division | 78655 |
| (D) of section 3317.022 of the Revised Code; and include | 78656 |
| amounts calculated under Section 269.30.80 of this act, as | 78657 |
|
subsequently amended | 78658 |
| 78659 |
| (5) "State education aid," for a joint vocational school | 78660 |
| district, means the sum of the state aid amounts computed for the | 78661 |
| district under division (N) of section 3317.024 and section | 78662 |
| 3317.16 of the Revised Code. However, when calculating state | 78663 |
| education aid for a joint vocational school district for fiscal | 78664 |
| years 2008 and 2009, include the amount computed for the district | 78665 |
| under Section 269.30.90 of H.B. 119 of the 127th general | 78666 |
| assembly, as subsequently amended. | 78667 |
| (6) "State education aid offset" means the amount determined | 78668 |
| for each school district or joint vocational school district under | 78669 |
| division (A)(1) of section 5727.85 of the Revised Code. | 78670 |
| (7) "Recognized valuation" has the same meaning as in section | 78671 |
| 3317.02 of the Revised Code. | 78672 |
| (8) "Electric company tax value loss" means the amount | 78673 |
| determined under division (D) of this section. | 78674 |
| (9) "Natural gas company tax value loss" means the amount | 78675 |
| determined under division (E) of this section. | 78676 |
| (10) "Tax value loss" means the sum of the electric company | 78677 |
| tax value loss and the natural gas company tax value loss. | 78678 |
| (11) "Fixed-rate levy" means any tax levied on property other | 78679 |
| than a fixed-sum levy. | 78680 |
| (12) "Fixed-rate levy loss" means the amount determined under | 78681 |
| division (G) of this section. | 78682 |
| (13) "Fixed-sum levy" means a tax levied on property at | 78683 |
| whatever rate is required to produce a specified amount of tax | 78684 |
| money or levied in excess of the ten-mill limitation to pay debt | 78685 |
| charges, and includes school district emergency levies imposed | 78686 |
| pursuant to section 5705.194 of the Revised Code. | 78687 |
| (14) "Fixed-sum levy loss" means the amount determined under | 78688 |
| division (H) of this section. | 78689 |
| (15) "Consumer price index" means the consumer price index | 78690 |
| (all items, all urban consumers) prepared by the bureau of labor | 78691 |
| statistics of the United States department of labor. | 78692 |
| (B) The kilowatt-hour tax receipts fund is hereby created in | 78693 |
| the state treasury and shall consist of money arising from the tax | 78694 |
| imposed by section 5727.81 of the Revised Code. All money in the | 78695 |
| kilowatt-hour tax receipts fund shall be credited as follows: | 78696 |
| (1) Sixty-three per cent shall be credited to the general | 78697 |
| revenue fund. | 78698 |
| (2) Twenty-five and four-tenths per cent shall be credited to | 78699 |
| the school district property tax replacement fund, which is hereby | 78700 |
| created in the state treasury for the purpose of making the | 78701 |
| payments described in section 5727.85 of the Revised Code. | 78702 |
| (3) Eleven and six-tenths per cent shall be credited to the | 78703 |
| local government property tax replacement fund, which is hereby | 78704 |
| created in the state treasury for the purpose of making the | 78705 |
| payments described in section 5727.86 of the Revised Code. | 78706 |
| (C) The natural gas tax receipts fund is hereby created in | 78707 |
| the state treasury and shall consist of money arising from the tax | 78708 |
| imposed by section 5727.811 of the Revised Code. All money in the | 78709 |
| fund shall be credited as follows: | 78710 |
| (1) Sixty-eight and seven-tenths per cent shall be credited | 78711 |
| to the school district property tax replacement fund for the | 78712 |
| purpose of making the payments described in section 5727.85 of the | 78713 |
| Revised Code. | 78714 |
| (2) Thirty-one and three-tenths per cent shall be credited to | 78715 |
| the local government property tax replacement fund for the purpose | 78716 |
| of making the payments described in section 5727.86 of the Revised | 78717 |
| Code. | 78718 |
| (D) Not later than January 1, 2002, the tax commissioner | 78719 |
| shall determine for each taxing district its electric company tax | 78720 |
| value loss, which is the sum of the applicable amounts described | 78721 |
| in divisions (D)(1) to (4) of this section: | 78722 |
| (1) The difference obtained by subtracting the amount | 78723 |
| described in division (D)(1)(b) from the amount described in | 78724 |
| division (D)(1)(a) of this section. | 78725 |
| (a) The value of electric company and rural electric company | 78726 |
| tangible personal property as assessed by the tax commissioner for | 78727 |
| tax year 1998 on a preliminary assessment, or an amended | 78728 |
| preliminary assessment if issued prior to March 1, 1999, and as | 78729 |
| apportioned to the taxing district for tax year 1998; | 78730 |
| (b) The value of electric company and rural electric company | 78731 |
| tangible personal property as assessed by the tax commissioner for | 78732 |
| tax year 1998 had the property been apportioned to the taxing | 78733 |
| district for tax year 2001, and assessed at the rates in effect | 78734 |
| for tax year 2001. | 78735 |
| (2) The difference obtained by subtracting the amount | 78736 |
| described in division (D)(2)(b) from the amount described in | 78737 |
| division (D)(2)(a) of this section. | 78738 |
| (a) The three-year average for tax years 1996, 1997, and 1998 | 78739 |
| of the assessed value from nuclear fuel materials and assemblies | 78740 |
| assessed against a person under Chapter 5711. of the Revised Code | 78741 |
| from the leasing of them to an electric company for those | 78742 |
| respective tax years, as reflected in the preliminary assessments; | 78743 |
| (b) The three-year average assessed value from nuclear fuel | 78744 |
| materials and assemblies assessed under division (D)(2)(a) of this | 78745 |
| section for tax years 1996, 1997, and 1998, as reflected in the | 78746 |
| preliminary assessments, using an assessment rate of twenty-five | 78747 |
| per cent. | 78748 |
| (3) In the case of a taxing district having a nuclear power | 78749 |
| plant within its territory, any amount, resulting in an electric | 78750 |
| company tax value loss, obtained by subtracting the amount | 78751 |
| described in division (D)(1) of this section from the difference | 78752 |
| obtained by subtracting the amount described in division (D)(3)(b) | 78753 |
| of this section from the amount described in division (D)(3)(a) of | 78754 |
| this section. | 78755 |
| (a) The value of electric company tangible personal property | 78756 |
| as assessed by the tax commissioner for tax year 2000 on a | 78757 |
| preliminary assessment, or an amended preliminary assessment if | 78758 |
| issued prior to March 1, 2001, and as apportioned to the taxing | 78759 |
| district for tax year 2000; | 78760 |
| (b) The value of electric company tangible personal property | 78761 |
| as assessed by the tax commissioner for tax year 2001 on a | 78762 |
| preliminary assessment, or an amended preliminary assessment if | 78763 |
| issued prior to March 1, 2002, and as apportioned to the taxing | 78764 |
| district for tax year 2001. | 78765 |
| (4) In the case of a taxing district having a nuclear power | 78766 |
| plant within its territory, the difference obtained by subtracting | 78767 |
| the amount described in division (D)(4)(b) of this section from | 78768 |
| the amount described in division (D)(4)(a) of this section, | 78769 |
| provided that such difference is greater than ten per cent of the | 78770 |
| amount described in division (D)(4)(a) of this section. | 78771 |
| (a) The value of electric company tangible personal property | 78772 |
| as assessed by the tax commissioner for tax year 2005 on a | 78773 |
| preliminary assessment, or an amended preliminary assessment if | 78774 |
| issued prior to March 1, 2006, and as apportioned to the taxing | 78775 |
| district for tax year 2005; | 78776 |
| (b) The value of electric company tangible personal property | 78777 |
| as assessed by the tax commissioner for tax year 2006 on a | 78778 |
| preliminary assessment, or an amended preliminary assessment if | 78779 |
| issued prior to March 1, 2007, and as apportioned to the taxing | 78780 |
| district for tax year 2006. | 78781 |
| (E) Not later than January 1, 2002, the tax commissioner | 78782 |
| shall determine for each taxing district its natural gas company | 78783 |
| tax value loss, which is the sum of the amounts described in | 78784 |
| divisions (E)(1) and (2) of this section: | 78785 |
| (1) The difference obtained by subtracting the amount | 78786 |
| described in division (E)(1)(b) from the amount described in | 78787 |
| division (E)(1)(a) of this section. | 78788 |
| (a) The value of all natural gas company tangible personal | 78789 |
| property, other than property described in division (E)(2) of this | 78790 |
| section, as assessed by the tax commissioner for tax year 1999 on | 78791 |
| a preliminary assessment, or an amended preliminary assessment if | 78792 |
| issued prior to March 1, 2000, and apportioned to the taxing | 78793 |
| district for tax year 1999; | 78794 |
| (b) The value of all natural gas company tangible personal | 78795 |
| property, other than property described in division (E)(2) of this | 78796 |
| section, as assessed by the tax commissioner for tax year 1999 had | 78797 |
| the property been apportioned to the taxing district for tax year | 78798 |
| 2001, and assessed at the rates in effect for tax year 2001. | 78799 |
| (2) The difference in the value of current gas obtained by | 78800 |
| subtracting the amount described in division (E)(2)(b) from the | 78801 |
| amount described in division (E)(2)(a) of this section. | 78802 |
| (a) The three-year average assessed value of current gas as | 78803 |
| assessed by the tax commissioner for tax years 1997, 1998, and | 78804 |
| 1999 on a preliminary assessment, or an amended preliminary | 78805 |
| assessment if issued prior to March 1, 2001, and as apportioned in | 78806 |
| the taxing district for those respective years; | 78807 |
| (b) The three-year average assessed value from current gas | 78808 |
| under division (E)(2)(a) of this section for tax years 1997, 1998, | 78809 |
| and 1999, as reflected in the preliminary assessment, using an | 78810 |
| assessment rate of twenty-five per cent. | 78811 |
| (F) The tax commissioner may request that natural gas | 78812 |
| companies, electric companies, and rural electric companies file a | 78813 |
| report to help determine the tax value loss under divisions (D) | 78814 |
| and (E) of this section. The report shall be filed within thirty | 78815 |
| days of the commissioner's request. A company that fails to file | 78816 |
| the report or does not timely file the report is subject to the | 78817 |
| penalty in section 5727.60 of the Revised Code. | 78818 |
| (G) Not later than January 1, 2002, the tax commissioner | 78819 |
| shall determine for each school district, joint vocational school | 78820 |
| district, and local taxing unit its fixed-rate levy loss, which is | 78821 |
| the sum of its electric company tax value loss multiplied by the | 78822 |
| tax rate in effect in tax year 1998 for fixed-rate levies and its | 78823 |
| natural gas company tax value loss multiplied by the tax rate in | 78824 |
| effect in tax year 1999 for fixed-rate levies. | 78825 |
| (H) Not later than January 1, 2002, the tax commissioner | 78826 |
| shall determine for each school district, joint vocational school | 78827 |
| district, and local taxing unit its fixed-sum levy loss, which is | 78828 |
| the amount obtained by subtracting the amount described in | 78829 |
| division (H)(2) of this section from the amount described in | 78830 |
| division (H)(1) of this section: | 78831 |
| (1) The sum of the electric company tax value loss multiplied | 78832 |
| by the tax rate in effect in tax year 1998, and the natural gas | 78833 |
| company tax value loss multiplied by the tax rate in effect in tax | 78834 |
| year 1999, for fixed-sum levies for all taxing districts within | 78835 |
| each school district, joint vocational school district, and local | 78836 |
| taxing unit. For the years 2002 through 2006, this computation | 78837 |
| shall include school district emergency levies that existed in | 78838 |
| 1998 in the case of the electric company tax value loss, and 1999 | 78839 |
| in the case of the natural gas company tax value loss, and all | 78840 |
| other fixed-sum levies that existed in 1998 in the case of the | 78841 |
| electric company tax value loss and 1999 in the case of the | 78842 |
| natural gas company tax value loss and continue to be charged in | 78843 |
| the tax year preceding the distribution year. For the years 2007 | 78844 |
| through 2016 in the case of school district emergency levies, and | 78845 |
| for all years after 2006 in the case of all other fixed-sum | 78846 |
| levies, this computation shall exclude all fixed-sum levies that | 78847 |
| existed in 1998 in the case of the electric company tax value loss | 78848 |
| and 1999 in the case of the natural gas company tax value loss, | 78849 |
| but are no longer in effect in the tax year preceding the | 78850 |
| distribution year. For the purposes of this section, an emergency | 78851 |
| levy that existed in 1998 in the case of the electric company tax | 78852 |
| value loss, and 1999 in the case of the natural gas company tax | 78853 |
| value loss, continues to exist in a year beginning on or after | 78854 |
| January 1, 2007, but before January 1, 2017, if, in that year, the | 78855 |
| board of education levies a school district emergency levy for an | 78856 |
| annual sum at least equal to the annual sum levied by the board in | 78857 |
| tax year 1998 or 1999, respectively, less the amount of the | 78858 |
| payment certified under this division for 2002. | 78859 |
| (2) The total taxable value in tax year 1999 less the tax | 78860 |
| value loss in each school district, joint vocational school | 78861 |
| district, and local taxing unit multiplied by one-fourth of one | 78862 |
| mill. | 78863 |
| If the amount computed under division (H) of this section for | 78864 |
| any school district, joint vocational school district, or local | 78865 |
| taxing unit is greater than zero, that amount shall equal the | 78866 |
| fixed-sum levy loss reimbursed pursuant to division (E) of section | 78867 |
| 5727.85 of the Revised Code or division (A)(2) of section 5727.86 | 78868 |
| of the Revised Code, and the one-fourth of one mill that is | 78869 |
| subtracted under division (H)(2) of this section shall be | 78870 |
| apportioned among all contributing fixed-sum levies in the | 78871 |
| proportion of each levy to the sum of all fixed-sum levies within | 78872 |
| each school district, joint vocational school district, or local | 78873 |
| taxing unit. | 78874 |
| (I) Notwithstanding divisions (D), (E), (G), and (H) of this | 78875 |
| section, in computing the tax value loss, fixed-rate levy loss, | 78876 |
| and fixed-sum levy loss, the tax commissioner shall use the | 78877 |
| greater of the 1998 tax rate or the 1999 tax rate in the case of | 78878 |
| levy losses associated with the electric company tax value loss, | 78879 |
| but the 1999 tax rate shall not include for this purpose any tax | 78880 |
| levy approved by the voters after June 30, 1999, and the tax | 78881 |
| commissioner shall use the greater of the 1999 or the 2000 tax | 78882 |
| rate in the case of levy losses associated with the natural gas | 78883 |
| company tax value loss. | 78884 |
| (J) Not later than January 1, 2002, the tax commissioner | 78885 |
| shall certify to the department of education the tax value loss | 78886 |
| determined under divisions (D) and (E) of this section for each | 78887 |
| taxing district, the fixed-rate levy loss calculated under | 78888 |
| division (G) of this section, and the fixed-sum levy loss | 78889 |
| calculated under division (H) of this section. The calculations | 78890 |
| under divisions (G) and (H) of this section shall separately | 78891 |
| display the levy loss for each levy eligible for reimbursement. | 78892 |
| (K) Not later than September 1, 2001, the tax commissioner | 78893 |
| shall certify the amount of the fixed-sum levy loss to the county | 78894 |
| auditor of each county in which a school district with a fixed-sum | 78895 |
| levy loss has territory. | 78896 |
| Sec. 5728.12. Any non-resident of this state who accepts the | 78897 |
| privilege extended by the laws of this state to non-residents of | 78898 |
| operating a commercial car or commercial tractor, which is subject | 78899 |
| to the tax levied in section 5728.06 of the Revised Code, or of | 78900 |
| having the same operated within this state, and any resident of | 78901 |
| this state who operates a commercial car or commercial tractor, | 78902 |
| which is subject to the tax levied in section 5728.06 of the | 78903 |
| Revised Code, or has the same operated within this state and | 78904 |
|
subsequently becomes a
non-resident or conceals | 78905 |
|
whereabouts, makes the
secretary of state of the
state of Ohio | 78906 |
| the person's agent for the service of process or notice in any | 78907 |
| assessment, action or proceeding instituted in this state against | 78908 |
|
such person out of the failure to pay the taxes imposed | 78909 |
| by the provisions of section 5728.06 of the Revised Code. | 78910 |
| Such process or notice shall be served | 78911 |
| 78912 | |
| 78913 | |
| 78914 | |
| 78915 | |
| 78916 | |
| 78917 | |
| 78918 | |
| 78919 | |
| 78920 | |
| 78921 | |
| 78922 | |
| 78923 | |
| 5703.37 of the Revised Code. | 78924 |
| Sec. 5729.03. (A) If the superintendent of insurance finds | 78925 |
| the annual statement required by section 5729.02 of the Revised | 78926 |
| Code to be correct, the superintendent shall compute the following | 78927 |
| amount, as applicable, of the balance of such gross amount, after | 78928 |
| deducting such return premiums and considerations received for | 78929 |
| reinsurance, and charge such amount to such company as a tax upon | 78930 |
| the business done by it in this state for the period covered by | 78931 |
| such annual statement: | 78932 |
| (1) If the company is a health insuring corporation, one per | 78933 |
| cent of the balance of premium rate payments received, exclusive | 78934 |
| of payments received under the medicare program established under | 78935 |
| Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 | 78936 |
|
U.S.C.A.
301, as amended, | 78937 |
| 78938 | |
| reflected in its annual report; | 78939 |
| (2) If the company is not a health insuring corporation, one | 78940 |
| and four-tenths per cent of the balance of premiums received, | 78941 |
| exclusive of premiums received under the medicare program | 78942 |
| established under Title XVIII of the "Social Security Act," 49 | 78943 |
|
Stat. 620 (1935), 42
U.S.C.A.
301, as amended, | 78944 |
| 78945 | |
| 78946 | |
| company operates a health insuring corporation as a line of | 78947 |
| business, one per cent of the balance of premium rate payments | 78948 |
| received from that line of business, exclusive of payments | 78949 |
| received under the medicare program established under Title XVIII | 78950 |
| of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. | 78951 |
|
301, as amended, | 78952 |
| 78953 | |
| in its annual statement. | 78954 |
| (B) Any insurance policies that were not issued in violation | 78955 |
| of Title XXXIX of the Revised Code and that were issued prior to | 78956 |
| April 15, 1967, by a life insurance company organized and operated | 78957 |
| without profit to any private shareholder or individual, | 78958 |
| exclusively for the purpose of aiding educational or scientific | 78959 |
| institutions organized and operated without profit to any private | 78960 |
| shareholder or individual, are not subject to the tax imposed by | 78961 |
| this section. All taxes collected pursuant to this section shall | 78962 |
| be credited to the general revenue fund. | 78963 |
| (C) In no case shall the tax imposed under this section be | 78964 |
| less than two hundred fifty dollars. | 78965 |
| Sec. 5729.16. (A) Terms used in this section have the same | 78966 |
| meaning as in section 5725.33 of the Revised Code. | 78967 |
| (B) There is hereby allowed a nonrefundable credit against | 78968 |
| the tax imposed by section 5729.03 of the Revised Code for a | 78969 |
| foreign insurance company holding a qualified equity investment on | 78970 |
| the credit allowance date occurring in the calendar year for which | 78971 |
| the tax is due. The credit shall be computed in the same manner | 78972 |
| prescribed for the computation of credits allowed under section | 78973 |
| 5725.33 of the Revised Code. | 78974 |
| The credit shall be claimed in the order prescribed by | 78975 |
| section 5729.98 of the Revised Code. If the amount of the credit | 78976 |
| exceeds the amount of tax otherwise due after deducting all other | 78977 |
| credits in that order, the excess may be carried forward and | 78978 |
| applied to the tax due for not more than four ensuing years. | 78979 |
| By claiming a tax credit under this section, an insurance | 78980 |
| company waives its rights under section 5729.102 of the Revised | 78981 |
| Code with respect to the time limitation for the assessment of | 78982 |
| taxes as it relates to credits claimed that later become subject | 78983 |
| to recapture under division (D) of this section. | 78984 |
| (C) The total amount of qualified equity investments on the | 78985 |
| basis of which credits may be claimed under this section, section | 78986 |
| 5725.33, and section 5733.58 of the Revised Code is subject to the | 78987 |
| limitation of division (C) of section 5725.33 of the Revised | 78988 |
| Code. | 78989 |
| (D) If any amount of the federal tax credit allowed for a | 78990 |
| qualified equity investment for which a credit was received under | 78991 |
| this section is recaptured under section 45D of the Internal | 78992 |
| Revenue Code, or if the director of development determines that an | 78993 |
| investment for which a tax credit is claimed under this section is | 78994 |
| not a qualified equity investment or that the proceeds of an | 78995 |
| investment for which a tax credit is claimed under this section | 78996 |
| are used to make qualified low-income community investments other | 78997 |
| than in a qualified active low-income community business, all or a | 78998 |
| portion of the credit received on account of that investment | 78999 |
| shall be paid by the insurance company that received the credit | 79000 |
| to the superintendent of insurance. The amount to be recovered | 79001 |
| shall be determined by the director of development pursuant to | 79002 |
| rules adopted under section 5725.33 of the Revised Code. The | 79003 |
| director shall certify any amount due under this division to the | 79004 |
| superintendent of insurance, and the superintendent shall notify | 79005 |
| the treasurer of state of the amount due. Upon notification, the | 79006 |
| treasurer shall invoice the insurance company for the amount due. | 79007 |
| The amount due is payable not later than thirty days after the | 79008 |
| date the treasurer invoices the insurance company. The amount due | 79009 |
| shall be considered to be tax due under section 5729.03 of the | 79010 |
| Revised Code, and may be collected by assessment without regard | 79011 |
| to the time limitations imposed under section 5729.102 of the | 79012 |
| Revised Code for the assessment of taxes by the superintendent. | 79013 |
| All amounts collected under this division shall be credited as | 79014 |
| revenue from the tax levied under section 5729.03 of the Revised | 79015 |
| Code. | 79016 |
| Sec. 5729.98. (A) To provide a uniform procedure for | 79017 |
| calculating the amount of tax due under this chapter, a taxpayer | 79018 |
| shall claim any credits and offsets against tax liability to which | 79019 |
| it is entitled in the following order: | 79020 |
| (1) The credit for an insurance company or insurance company | 79021 |
| group under section 5729.031 of the Revised Code. | 79022 |
| (2) The credit for eligible employee training costs under | 79023 |
| section 5729.07 of the Revised Code. | 79024 |
| (3) The credit for purchases of qualified low-income | 79025 |
| community investments under section 5729.16 of the Revised Code; | 79026 |
| (4) The job retention credit under section 122.171 of the | 79027 |
| Revised Code. | 79028 |
| (5) The offset of assessments by the Ohio life and health | 79029 |
| insurance guaranty association against tax liability permitted by | 79030 |
| section 3956.20 of the Revised Code. | 79031 |
| | 79032 |
| section 5729.032 of the Revised Code. | 79033 |
| | 79034 |
| Revised Code for losses on loans made under the Ohio venture | 79035 |
| capital program under sections 150.01 to 150.10 of the Revised | 79036 |
| Code. | 79037 |
| (B) For any credit except the credits enumerated in divisions | 79038 |
|
(A) | 79039 |
| a taxable year shall not exceed the tax due after allowing for any | 79040 |
| other credit that precedes it in the order required under this | 79041 |
| section. Any excess amount of a particular credit may be carried | 79042 |
| forward if authorized under the section creating that credit. | 79043 |
| Nothing in this chapter shall be construed to allow a taxpayer to | 79044 |
| claim, directly or indirectly, a credit more than once for a | 79045 |
| taxable year. | 79046 |
| Sec. 5733.01. (A) The tax provided by this chapter for | 79047 |
| domestic corporations shall be the amount charged against each | 79048 |
| corporation organized for profit under the laws of this state and | 79049 |
| each nonprofit corporation organized pursuant to Chapter 1729. of | 79050 |
| the Revised Code, except as provided in sections 5733.09 and | 79051 |
| 5733.10 of the Revised Code, for the privilege of exercising its | 79052 |
| franchise during the calendar year in which that amount is | 79053 |
| payable, and the tax provided by this chapter for foreign | 79054 |
| corporations shall be the amount charged against each corporation | 79055 |
| organized for profit and each nonprofit corporation organized or | 79056 |
| operating in the same or similar manner as nonprofit corporations | 79057 |
| organized under Chapter 1729. of the Revised Code, under the laws | 79058 |
| of any state or country other than this state, except as provided | 79059 |
| in sections 5733.09 and 5733.10 of the Revised Code, for the | 79060 |
| privilege of doing business in this state, owning or using a part | 79061 |
| or all of its capital or property in this state, holding a | 79062 |
| certificate of compliance with the laws of this state authorizing | 79063 |
| it to do business in this state, or otherwise having nexus in or | 79064 |
| with this state under the Constitution of the United States, | 79065 |
| during the calendar year in which that amount is payable. | 79066 |
| (B) A corporation is subject to the tax imposed by section | 79067 |
| 5733.06 of the Revised Code for each calendar year that it is so | 79068 |
| organized, doing business, owning or using a part or all of its | 79069 |
| capital or property, holding a certificate of compliance, or | 79070 |
| otherwise having nexus in or with this state under the | 79071 |
| Constitution of the United States, on the first day of January of | 79072 |
| that calendar year. | 79073 |
| (C) Any corporation subject to this chapter that is not | 79074 |
| subject to the federal income tax shall file its returns and | 79075 |
| compute its tax liability as required by this chapter in the same | 79076 |
| manner as if that corporation were subject to the federal income | 79077 |
| tax. | 79078 |
| (D) For purposes of this chapter, a federally chartered | 79079 |
| financial institution shall be deemed to be organized under the | 79080 |
| laws of the state within which its principal office is located. | 79081 |
| (E) For purposes of this chapter, any person, as defined in | 79082 |
| section 5701.01 of the Revised Code, shall be treated as a | 79083 |
| corporation if the person is classified for federal income tax | 79084 |
| purposes as an association taxable as a corporation, and an equity | 79085 |
| interest in the person shall be treated as capital stock of the | 79086 |
| person. | 79087 |
| (F) For the purposes of this chapter, "disregarded entity" | 79088 |
| has the same meaning as in division (D) of section 5745.01 of the | 79089 |
| Revised Code. | 79090 |
| (1) A person's interest in a disregarded entity, whether held | 79091 |
| directly or indirectly, shall be treated as the person's ownership | 79092 |
| of the assets and liabilities of the disregarded entity, and the | 79093 |
| income, including gain or loss, shall be included in the person's | 79094 |
| net income under this chapter. | 79095 |
| (2) Any sale, exchange, or other disposition of the person's | 79096 |
| interest in the disregarded entity, whether held directly or | 79097 |
| indirectly, shall be treated as a sale, exchange, or other | 79098 |
| disposition of the person's share of the disregarded entity's | 79099 |
| underlying assets or liabilities, and the gain or loss from such | 79100 |
| sale, exchange, or disposition shall be included in the person's | 79101 |
| net income under this chapter. | 79102 |
| (3) The disregarded entity's payroll, property, and sales | 79103 |
| factors shall be included in the person's factors. | 79104 |
| (G) The tax a corporation is required to pay under this | 79105 |
| chapter shall be as follows: | 79106 |
| (1)(a) For financial institutions, the greater of the minimum | 79107 |
| payment required under division (E) of section 5733.06 of the | 79108 |
| Revised Code or the difference between all taxes charged the | 79109 |
| financial institution under this chapter, without regard to | 79110 |
| division (G)(2) of this section, less any credits allowable | 79111 |
| against such tax. | 79112 |
| (b) A corporation satisfying the description in division | 79113 |
| (E)(5), (6), (7), (8), or (10) of section 5751.01 of the Revised | 79114 |
| Code that is not a financial institution, insurance company, or | 79115 |
| dealer in intangibles is subject to the taxes imposed under this | 79116 |
| chapter as a corporation and not subject to tax as a financial | 79117 |
| institution, and shall pay the greater of the minimum payment | 79118 |
| required under division (E) of section 5733.06 of the Revised Code | 79119 |
| or the difference between all the taxes charged under this | 79120 |
| chapter, without regard to division (G)(2) of this section, less | 79121 |
| any credits allowable against such tax. | 79122 |
| (2) For all corporations other than those persons described | 79123 |
| in division (G)(1)(a) or (b) of this section, the amount under | 79124 |
| division (G)(2)(a) of this section applicable to the tax year | 79125 |
| specified less the amount under division (G)(2)(b) of this | 79126 |
| section: | 79127 |
| (a)(i) For tax year 2005, the greater of the minimum payment | 79128 |
| required under division (E) of section 5733.06 of the Revised Code | 79129 |
| or the difference between all taxes charged the corporation under | 79130 |
| this chapter and any credits allowable against such tax; | 79131 |
| (ii) For tax year 2006, the greater of the minimum payment | 79132 |
| required under division (E) of section 5733.06 of the Revised Code | 79133 |
| or four-fifths of the difference between all taxes charged the | 79134 |
| corporation under this chapter and any credits allowable against | 79135 |
| such tax, except the qualifying pass-through entity tax credit | 79136 |
|
described in division (A) | 79137 |
|
described in divisions (A) | 79138 |
| of the Revised Code; | 79139 |
| (iii) For tax year 2007, the greater of the minimum payment | 79140 |
| required under division (E) of section 5733.06 of the Revised Code | 79141 |
| or three-fifths of the difference between all taxes charged the | 79142 |
| corporation under this chapter and any credits allowable against | 79143 |
| such tax, except the qualifying pass-through entity tax credit | 79144 |
|
described in division (A) | 79145 |
|
described in divisions (A) | 79146 |
| of the Revised Code; | 79147 |
| (iv) For tax year 2008, the greater of the minimum payment | 79148 |
| required under division (E) of section 5733.06 of the Revised Code | 79149 |
| or two-fifths of the difference between all taxes charged the | 79150 |
| corporation under this chapter and any credits allowable against | 79151 |
| such tax, except the qualifying pass-through entity tax credit | 79152 |
|
described in division (A) | 79153 |
|
described in divisions (A) | 79154 |
| of the Revised Code; | 79155 |
| (v) For tax year 2009, the greater of the minimum payment | 79156 |
| required under division (E) of section 5733.06 of the Revised Code | 79157 |
| or one-fifth of the difference between all taxes charged the | 79158 |
| corporation under this chapter and any credits allowable against | 79159 |
| such tax, except the qualifying pass-through entity tax credit | 79160 |
|
described in division (A) | 79161 |
|
described in divisions (A) | 79162 |
| section 5733.98 of the Revised Code; | 79163 |
| (vi) For tax year 2010 and each tax year thereafter, no tax. | 79164 |
| (b) A corporation shall subtract from the amount calculated | 79165 |
| under division (G)(2)(a)(ii), (iii), (iv), or (v) of this section | 79166 |
| any qualifying pass-through entity tax credit described in | 79167 |
|
division (A) | 79168 |
|
divisions (A) | 79169 |
| Revised Code to which the corporation is entitled. Any unused | 79170 |
| qualifying pass-through entity tax credit is not refundable. | 79171 |
| (c) For the purposes of computing the amount of a credit that | 79172 |
| may be carried forward to a subsequent tax year under division | 79173 |
| (G)(2) of this section, a credit is utilized against the tax for a | 79174 |
| tax year to the extent the credit applies against the tax for that | 79175 |
| tax year, even if the difference is then multiplied by the | 79176 |
| applicable fraction under division (G)(2)(a) of this section. | 79177 |
| (3) Nothing in division (G) of this section eliminates or | 79178 |
| reduces the tax imposed by section 5733.41 of the Revised Code on | 79179 |
| a qualifying pass-through entity. | 79180 |
| Sec. 5733.04. As used in this chapter: | 79181 |
| (A) "Issued and outstanding shares of stock" applies to | 79182 |
| nonprofit corporations, as provided in section 5733.01 of the | 79183 |
| Revised Code, and includes, but is not limited to, membership | 79184 |
| certificates and other instruments evidencing ownership of an | 79185 |
| interest in such nonprofit corporations, and with respect to a | 79186 |
| financial institution that does not have capital stock, "issued | 79187 |
| and outstanding shares of stock" includes, but is not limited to, | 79188 |
| ownership interests of depositors in the capital employed in such | 79189 |
| an institution. | 79190 |
| (B) "Taxpayer" means a corporation subject to the tax imposed | 79191 |
| by section 5733.06 of the Revised Code. | 79192 |
| (C) "Resident" means a corporation organized under the laws | 79193 |
| of this state. | 79194 |
| (D) "Commercial domicile" means the principal place from | 79195 |
| which the trade or business of the taxpayer is directed or | 79196 |
| managed. | 79197 |
| (E) "Taxable year" means the period prescribed by division | 79198 |
| (A) of section 5733.031 of the Revised Code upon the net income of | 79199 |
| which the value of the taxpayer's issued and outstanding shares of | 79200 |
| stock is determined under division (B) of section 5733.05 of the | 79201 |
| Revised Code or the period prescribed by division (A) of section | 79202 |
| 5733.031 of the Revised Code that immediately precedes the date as | 79203 |
| of which the total value of the corporation is determined under | 79204 |
| division (A) or (C) of section 5733.05 of the Revised Code. | 79205 |
| (F) "Tax year" means the calendar year in and for which the | 79206 |
| tax imposed by section 5733.06 of the Revised Code is required to | 79207 |
| be paid. | 79208 |
| (G) "Internal Revenue Code" means the "Internal Revenue Code | 79209 |
| of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. | 79210 |
| (H) "Federal income tax" means the income tax imposed by the | 79211 |
| Internal Revenue Code. | 79212 |
| (I) Except as provided in section 5733.058 of the Revised | 79213 |
| Code, "net income" means the taxpayer's taxable income before | 79214 |
| operating loss deduction and special deductions, as required to be | 79215 |
| reported for the taxpayer's taxable year under the Internal | 79216 |
| Revenue Code, subject to the following adjustments: | 79217 |
| (1)(a) Deduct any net operating loss incurred in any taxable | 79218 |
| years ending in 1971 or thereafter, but exclusive of any net | 79219 |
| operating loss incurred in taxable years ending prior to January | 79220 |
| 1, 1971. This deduction shall not be allowed in any tax year | 79221 |
| commencing before December 31, 1973, but shall be carried over and | 79222 |
| allowed in tax years commencing after December 31, 1973, until | 79223 |
| fully utilized in the next succeeding taxable year or years in | 79224 |
| which the taxpayer has net income, but in no case for more than | 79225 |
| the designated carryover period as described in division (I)(1)(b) | 79226 |
| of this section. The amount of such net operating loss, as | 79227 |
| determined under the allocation and apportionment provisions of | 79228 |
| section 5733.051 and division (B) of section 5733.05 of the | 79229 |
| Revised Code for the year in which the net operating loss occurs, | 79230 |
| shall be deducted from net income, as determined under the | 79231 |
| allocation and apportionment provisions of section 5733.051 and | 79232 |
| division (B) of section 5733.05 of the Revised Code, to the extent | 79233 |
| necessary to reduce net income to zero with the remaining unused | 79234 |
| portion of the deduction, if any, carried forward to the remaining | 79235 |
| years of the designated carryover period as described in division | 79236 |
| (I)(1)(b) of this section, or until fully utilized, whichever | 79237 |
| occurs first. | 79238 |
| (b) For losses incurred in taxable years ending on or before | 79239 |
| December 31, 1981, the designated carryover period shall be the | 79240 |
| five consecutive taxable years after the taxable year in which the | 79241 |
| net operating loss occurred. For losses incurred in taxable years | 79242 |
| ending on or after January 1, 1982, and beginning before August 6, | 79243 |
| 1997, the designated carryover period shall be the fifteen | 79244 |
| consecutive taxable years after the taxable year in which the net | 79245 |
| operating loss occurs. For losses incurred in taxable years | 79246 |
| beginning on or after August 6, 1997, the designated carryover | 79247 |
| period shall be the twenty consecutive taxable years after the | 79248 |
| taxable year in which the net operating loss occurs. | 79249 |
| (c) The tax commissioner may require a taxpayer to furnish | 79250 |
| any information necessary to support a claim for deduction under | 79251 |
| division (I)(1)(a) of this section and no deduction shall be | 79252 |
| allowed unless the information is furnished. | 79253 |
| (2) Deduct any amount included in net income by application | 79254 |
| of section 78 or 951 of the Internal Revenue Code, amounts | 79255 |
| received for royalties, technical or other services derived from | 79256 |
| sources outside the United States, and dividends received from a | 79257 |
| subsidiary, associate, or affiliated corporation that neither | 79258 |
| transacts any substantial portion of its business nor regularly | 79259 |
| maintains any substantial portion of its assets within the United | 79260 |
| States. For purposes of determining net foreign source income | 79261 |
| deductible under division (I)(2) of this section, the amount of | 79262 |
| gross income from all such sources other than dividend income and | 79263 |
| income derived by application of section 78 or 951 of the Internal | 79264 |
| Revenue Code shall be reduced by: | 79265 |
| (a) The amount of any reimbursed expenses for personal | 79266 |
| services performed by employees of the taxpayer for the | 79267 |
| subsidiary, associate, or affiliated corporation; | 79268 |
| (b) Ten per cent of the amount of royalty income and | 79269 |
| technical assistance fees; | 79270 |
| (c) Fifteen per cent of the amount of all other income. | 79271 |
| The amounts described in divisions (I)(2)(a) to (c) of this | 79272 |
| section are deemed to be the expenses attributable to the | 79273 |
| production of deductible foreign source income unless the taxpayer | 79274 |
| shows, by clear and convincing evidence, less actual expenses, or | 79275 |
| the tax commissioner shows, by clear and convincing evidence, more | 79276 |
| actual expenses. | 79277 |
| (3) Add any loss or deduct any gain resulting from the sale, | 79278 |
| exchange, or other disposition of a capital asset, or an asset | 79279 |
| described in section 1231 of the Internal Revenue Code, to the | 79280 |
| extent that such loss or gain occurred prior to the first taxable | 79281 |
| year on which the tax provided for in section 5733.06 of the | 79282 |
| Revised Code is computed on the corporation's net income. For | 79283 |
| purposes of division (I)(3) of this section, the amount of the | 79284 |
| prior loss or gain shall be measured by the difference between the | 79285 |
| original cost or other basis of the asset and the fair market | 79286 |
| value as of the beginning of the first taxable year on which the | 79287 |
| tax provided for in section 5733.06 of the Revised Code is | 79288 |
| computed on the corporation's net income. At the option of the | 79289 |
| taxpayer, the amount of the prior loss or gain may be a percentage | 79290 |
| of the gain or loss, which percentage shall be determined by | 79291 |
| multiplying the gain or loss by a fraction, the numerator of which | 79292 |
| is the number of months from the acquisition of the asset to the | 79293 |
| beginning of the first taxable year on which the fee provided in | 79294 |
| section 5733.06 of the Revised Code is computed on the | 79295 |
| corporation's net income, and the denominator of which is the | 79296 |
| number of months from the acquisition of the asset to the sale, | 79297 |
| exchange, or other disposition of the asset. The adjustments | 79298 |
| described in this division do not apply to any gain or loss where | 79299 |
| the gain or loss is recognized by a qualifying taxpayer, as | 79300 |
| defined in section 5733.0510 of the Revised Code, with respect to | 79301 |
| a qualifying taxable event, as defined in that section. | 79302 |
| (4) Deduct the dividend received deduction provided by | 79303 |
| section 243 of the Internal Revenue Code. | 79304 |
| (5) Deduct any interest or interest equivalent on public | 79305 |
| obligations and purchase obligations to the extent included in | 79306 |
| federal taxable income. As used in divisions (I)(5) and (6) of | 79307 |
| this section, "public obligations," "purchase obligations," and | 79308 |
| "interest or interest equivalent" have the same meanings as in | 79309 |
| section 5709.76 of the Revised Code. | 79310 |
| (6) Add any loss or deduct any gain resulting from the sale, | 79311 |
| exchange, or other disposition of public obligations to the extent | 79312 |
| included in federal taxable income. | 79313 |
| (7) To the extent not otherwise allowed, deduct any dividends | 79314 |
| or distributions received by a taxpayer from a public utility, | 79315 |
| excluding an electric company and a combined company, and, for tax | 79316 |
| years 2005 and thereafter, a telephone company, if the taxpayer | 79317 |
| owns at least eighty per cent of the issued and outstanding common | 79318 |
| stock of the public utility. As used in division (I)(7) of this | 79319 |
| section, "public utility" means a public utility as defined in | 79320 |
| Chapter 5727. of the Revised Code, whether or not the public | 79321 |
| utility is doing business in the state. | 79322 |
| (8) To the extent not otherwise allowed, deduct any dividends | 79323 |
| received by a taxpayer from an insurance company, if the taxpayer | 79324 |
| owns at least eighty per cent of the issued and outstanding common | 79325 |
| stock of the insurance company. As used in division (I)(8) of this | 79326 |
| section, "insurance company" means an insurance company that is | 79327 |
| taxable under Chapter 5725. or 5729. of the Revised Code. | 79328 |
| (9) Deduct expenditures for modifying existing buildings or | 79329 |
| structures to meet American national standards institute standard | 79330 |
| A-117.1-1961 (R-1971), as amended; provided, that no deduction | 79331 |
| shall be allowed to the extent that such deduction is not | 79332 |
| permitted under federal law or under rules of the tax | 79333 |
| commissioner. Those deductions as are allowed may be taken over a | 79334 |
| period of five years. The tax commissioner shall adopt rules under | 79335 |
| Chapter 119. of the Revised Code establishing reasonable | 79336 |
| limitations on the extent that expenditures for modifying existing | 79337 |
| buildings or structures are attributable to the purpose of making | 79338 |
| the buildings or structures accessible to and usable by physically | 79339 |
| handicapped persons. | 79340 |
| (10) Deduct the amount of wages and salaries, if any, not | 79341 |
| otherwise allowable as a deduction but that would have been | 79342 |
| allowable as a deduction in computing federal taxable income | 79343 |
| before operating loss deduction and special deductions for the | 79344 |
| taxable year, had the targeted jobs credit allowed and determined | 79345 |
| under sections 38, 51, and 52 of the Internal Revenue Code not | 79346 |
| been in effect. | 79347 |
| (11) Deduct net interest income on obligations of the United | 79348 |
| States and its territories and possessions or of any authority, | 79349 |
| commission, or instrumentality of the United States to the extent | 79350 |
| the laws of the United States prohibit inclusion of the net | 79351 |
| interest for purposes of determining the value of the taxpayer's | 79352 |
| issued and outstanding shares of stock under division (B) of | 79353 |
| section 5733.05 of the Revised Code. As used in division (I)(11) | 79354 |
| of this section, "net interest" means interest net of any expenses | 79355 |
| taken on the federal income tax return that would not have been | 79356 |
| allowed under section 265 of the Internal Revenue Code if the | 79357 |
| interest were exempt from federal income tax. | 79358 |
| (12)(a) Except as set forth in division (I)(12)(d) of this | 79359 |
| section, to the extent not included in computing the taxpayer's | 79360 |
| federal taxable income before operating loss deduction and special | 79361 |
| deductions, add gains and deduct losses from direct or indirect | 79362 |
| sales, exchanges, or other dispositions, made by a related entity | 79363 |
| who is not a taxpayer, of the taxpayer's indirect, beneficial, or | 79364 |
| constructive investment in the stock or debt of another entity, | 79365 |
| unless the gain or loss has been included in computing the federal | 79366 |
| taxable income before operating loss deduction and special | 79367 |
| deductions of another taxpayer with a more closely related | 79368 |
| investment in the stock or debt of the other entity. The amount of | 79369 |
| gain added or loss deducted shall not exceed the product obtained | 79370 |
| by multiplying such gain or loss by the taxpayer's proportionate | 79371 |
| share, directly, indirectly, beneficially, or constructively, of | 79372 |
| the outstanding stock of the related entity immediately prior to | 79373 |
| the direct or indirect sale, exchange, or other disposition. | 79374 |
| (b) Except as set forth in division (I)(12)(e) of this | 79375 |
| section, to the extent not included in computing the taxpayer's | 79376 |
| federal taxable income before operating loss deduction and special | 79377 |
| deductions, add gains and deduct losses from direct or indirect | 79378 |
| sales, exchanges, or other dispositions made by a related entity | 79379 |
| who is not a taxpayer, of intangible property other than stock, | 79380 |
| securities, and debt, if such property was owned, or used in whole | 79381 |
| or in part, at any time prior to or at the time of the sale, | 79382 |
| exchange, or disposition by either the taxpayer or by a related | 79383 |
| entity that was a taxpayer at any time during the related entity's | 79384 |
| ownership or use of such property, unless the gain or loss has | 79385 |
| been included in computing the federal taxable income before | 79386 |
| operating loss deduction and special deductions of another | 79387 |
| taxpayer with a more closely related ownership or use of such | 79388 |
| intangible property. The amount of gain added or loss deducted | 79389 |
| shall not exceed the product obtained by multiplying such gain or | 79390 |
| loss by the taxpayer's proportionate share, directly, indirectly, | 79391 |
| beneficially, or constructively, of the outstanding stock of the | 79392 |
| related entity immediately prior to the direct or indirect sale, | 79393 |
| exchange, or other disposition. | 79394 |
| (c) As used in division (I)(12) of this section, "related | 79395 |
| entity" means those entities described in divisions (I)(12)(c)(i) | 79396 |
| to (iii) of this section: | 79397 |
| (i) An individual stockholder, or a member of the | 79398 |
| stockholder's family enumerated in section 318 of the Internal | 79399 |
| Revenue Code, if the stockholder and the members of the | 79400 |
| stockholder's family own, directly, indirectly, beneficially, or | 79401 |
| constructively, in the aggregate, at least fifty per cent of the | 79402 |
| value of the taxpayer's outstanding stock; | 79403 |
| (ii) A stockholder, or a stockholder's partnership, estate, | 79404 |
| trust, or corporation, if the stockholder and the stockholder's | 79405 |
| partnerships, estates, trusts, and corporations own directly, | 79406 |
| indirectly, beneficially, or constructively, in the aggregate, at | 79407 |
| least fifty per cent of the value of the taxpayer's outstanding | 79408 |
| stock; | 79409 |
| (iii) A corporation, or a party related to the corporation in | 79410 |
| a manner that would require an attribution of stock from the | 79411 |
| corporation to the party or from the party to the corporation | 79412 |
| under division (I)(12)(c)(iv) of this section, if the taxpayer | 79413 |
| owns, directly, indirectly, beneficially, or constructively, at | 79414 |
| least fifty per cent of the value of the corporation's outstanding | 79415 |
| stock. | 79416 |
| (iv) The attribution rules of section 318 of the Internal | 79417 |
| Revenue Code apply for purposes of determining whether the | 79418 |
| ownership requirements in divisions (I)(12)(c)(i) to (iii) of this | 79419 |
| section have been met. | 79420 |
| (d) For purposes of the adjustments required by division | 79421 |
| (I)(12)(a) of this section, the term "investment in the stock or | 79422 |
| debt of another entity" means only those investments where the | 79423 |
| taxpayer and the taxpayer's related entities directly, indirectly, | 79424 |
| beneficially, or constructively own, in the aggregate, at any time | 79425 |
| during the twenty-four month period commencing one year prior to | 79426 |
| the direct or indirect sale, exchange, or other disposition of | 79427 |
| such investment at least fifty per cent or more of the value of | 79428 |
| either the outstanding stock or such debt of such other entity. | 79429 |
| (e) For purposes of the adjustments required by division | 79430 |
| (I)(12)(b) of this section, the term "related entity" excludes all | 79431 |
| of the following: | 79432 |
| (i) Foreign corporations as defined in section 7701 of the | 79433 |
| Internal Revenue Code; | 79434 |
| (ii) Foreign partnerships as defined in section 7701 of the | 79435 |
| Internal Revenue Code; | 79436 |
| (iii) Corporations, partnerships, estates, and trusts created | 79437 |
| or organized in or under the laws of the Commonwealth of Puerto | 79438 |
| Rico or any possession of the United States; | 79439 |
| (iv) Foreign estates and foreign trusts as defined in section | 79440 |
| 7701 of the Internal Revenue Code. | 79441 |
| The exclusions described in divisions (I)(12)(e)(i) to (iv) | 79442 |
| of this section do not apply if the corporation, partnership, | 79443 |
| estate, or trust is described in any one of divisions (C)(1) to | 79444 |
| (5) of section 5733.042 of the Revised Code. | 79445 |
| (f) Nothing in division (I)(12) of this section shall require | 79446 |
| or permit a taxpayer to add any gains or deduct any losses | 79447 |
| described in divisions (I)(12)(f)(i) and (ii) of this section: | 79448 |
| (i) Gains or losses recognized for federal income tax | 79449 |
| purposes by an individual, estate, or trust without regard to the | 79450 |
| attribution rules described in division (I)(12)(c) of this | 79451 |
| section; | 79452 |
| (ii) A related entity's gains or losses described in division | 79453 |
| (I)(12)(b) of this section if the taxpayer's ownership of or use | 79454 |
| of such intangible property was limited to a period not exceeding | 79455 |
| nine months and was attributable to a transaction or a series of | 79456 |
| transactions executed in accordance with the election or elections | 79457 |
| made by the taxpayer or a related entity pursuant to section 338 | 79458 |
| of the Internal Revenue Code. | 79459 |
| (13) Any adjustment required by section 5733.042 of the | 79460 |
| Revised Code. | 79461 |
| (14) Add any amount claimed as a credit under section | 79462 |
| 5733.0611 of the Revised Code to the extent that such amount | 79463 |
| satisfies either of the following: | 79464 |
| (a) It was deducted or excluded from the computation of the | 79465 |
| corporation's taxable income before operating loss deduction and | 79466 |
| special deductions as required to be reported for the | 79467 |
| corporation's taxable year under the Internal Revenue Code; | 79468 |
| (b) It resulted in a reduction of the corporation's taxable | 79469 |
| income before operating loss deduction and special deductions as | 79470 |
| required to be reported for any of the corporation's taxable years | 79471 |
| under the Internal Revenue Code. | 79472 |
| (15) Deduct the amount contributed by the taxpayer to an | 79473 |
| individual development account program established by a county | 79474 |
| department of job and family services pursuant to sections 329.11 | 79475 |
| to 329.14 of the Revised Code for the purpose of matching funds | 79476 |
| deposited by program participants. On request of the tax | 79477 |
| commissioner, the taxpayer shall provide any information that, in | 79478 |
| the tax commissioner's opinion, is necessary to establish the | 79479 |
| amount deducted under division (I)(15) of this section. | 79480 |
| (16) Any adjustment required by section 5733.0510 or | 79481 |
| 5733.0511 of the Revised Code. | 79482 |
| (17)(a)(i) Add five-sixths of the amount of depreciation | 79483 |
| expense allowed under subsection (k) of section 168 of the | 79484 |
| Internal Revenue Code, including a person's proportionate or | 79485 |
| distributive share of the amount of depreciation expense allowed | 79486 |
| by that subsection to any pass-through entity in which the person | 79487 |
| has direct or indirect ownership. | 79488 |
| (ii) Add five-sixths of the amount of qualifying section 179 | 79489 |
| depreciation expense, including a person's proportionate or | 79490 |
| distributive share of the amount of qualifying section 179 | 79491 |
| depreciation expense allowed to any pass-through entity in which | 79492 |
| the person has a direct or indirect ownership. For the purposes of | 79493 |
| this division, "qualifying section 179 depreciation expense" means | 79494 |
| the difference between (I) the amount of depreciation expense | 79495 |
| directly or indirectly allowed to the taxpayer under section 179 | 79496 |
| of the Internal Revenue Code, and (II) the amount of depreciation | 79497 |
| expense directly or indirectly allowed to the taxpayer under | 79498 |
| section 179 of the Internal Revenue Code as that section existed | 79499 |
| on December 31, 2002. | 79500 |
| The tax commissioner, under procedures established by the | 79501 |
| commissioner, may waive the add-backs related to a pass-through | 79502 |
| entity if the person owns, directly or indirectly, less than five | 79503 |
| per cent of the pass-through entity. | 79504 |
| (b) Nothing in division (I)(17) of this section shall be | 79505 |
| construed to adjust or modify the adjusted basis of any asset. | 79506 |
| (c) To the extent the add-back is attributable to property | 79507 |
| generating income or loss allocable under section 5733.051 of the | 79508 |
| Revised Code, the add-back shall be allocated to the same location | 79509 |
| as the income or loss generated by that property. Otherwise, the | 79510 |
| add-back shall be apportioned, subject to division (B)(2)(d) of | 79511 |
| section 5733.05 of the Revised Code. | 79512 |
| (18)(a) If a person is required to make the add-back under | 79513 |
| division (I)(17)(a) of this section for a tax year, the person | 79514 |
| shall deduct one-fifth of the amount added back for each of the | 79515 |
| succeeding five tax years. | 79516 |
| (b) If the amount deducted under division (I)(18)(a) of this | 79517 |
| section is attributable to an add-back allocated under division | 79518 |
| (I)(17)(c) of this section, the amount deducted shall be allocated | 79519 |
| to the same location. Otherwise, the amount shall be apportioned | 79520 |
| using the apportionment factors for the taxable year in which the | 79521 |
| deduction is taken, subject to division (B)(2)(d) of section | 79522 |
| 5733.05 of the Revised Code. | 79523 |
| (J) Except as otherwise expressly provided or clearly | 79524 |
| appearing from the context, any term used in this chapter has the | 79525 |
| same meaning as when used in a comparable context in the laws of | 79526 |
| the United States relating to federal income taxes. Any reference | 79527 |
| in this chapter to the Internal Revenue Code includes other laws | 79528 |
| of the United States relating to federal income taxes. | 79529 |
| (K) "Financial institution" has the meaning given by section | 79530 |
| 5725.01 of the Revised Code but does not include a production | 79531 |
| credit association as described in 85 Stat. 597, 12 U.S.C.A. 2091. | 79532 |
| (L)(1) A "qualifying holding company" is any corporation | 79533 |
| satisfying all of the following requirements: | 79534 |
| (a) Subject to divisions (L)(2) and (3) of this section, the | 79535 |
| net book value of the corporation's intangible assets is greater | 79536 |
| than or equal to ninety per cent of the net book value of all of | 79537 |
| its assets and at least fifty per cent of the net book value of | 79538 |
| all of its assets represents direct or indirect investments in the | 79539 |
| equity of, loans and advances to, and accounts receivable due from | 79540 |
| related members; | 79541 |
| (b) At least ninety per cent of the corporation's gross | 79542 |
| income for the taxable year is attributable to the following: | 79543 |
| (i) The maintenance, management, ownership, acquisition, use, | 79544 |
| and disposition of its intangible property, its aircraft the use | 79545 |
| of which is not subject to regulation under 14 C.F.R. part 121 or | 79546 |
| part 135, and any real property described in division (L)(2)(c) of | 79547 |
| this section; | 79548 |
| (ii) The collection and distribution of income from such | 79549 |
| property. | 79550 |
| (c) The corporation is not a financial institution on the | 79551 |
| last day of the taxable year ending prior to the first day of the | 79552 |
| tax year; | 79553 |
| (d) The corporation's related members make a good faith and | 79554 |
| reasonable effort to make timely and fully the adjustments | 79555 |
|
required by division
| 79556 |
| Code and to pay timely and fully all uncontested taxes, interest, | 79557 |
| penalties, and other fees and charges imposed under this chapter; | 79558 |
| (e) Subject to division (L)(4) of this section, the | 79559 |
| corporation elects to be treated as a qualifying holding company | 79560 |
| for the tax year. | 79561 |
| A corporation otherwise satisfying divisions (L)(1)(a) to (e) | 79562 |
| of this section that does not elect to be a qualifying holding | 79563 |
| company is not a qualifying holding company for the purposes of | 79564 |
| this chapter. | 79565 |
| (2)(a)(i) For purposes of making the ninety per cent | 79566 |
| computation under division (L)(1)(a) of this section, the net book | 79567 |
| value of the corporation's assets shall not include the net book | 79568 |
| value of aircraft or real property described in division | 79569 |
| (L)(1)(b)(i) of this section. | 79570 |
| (ii) For purposes of making the fifty per cent computation | 79571 |
| under division (L)(1)(a) of this section, the net book value of | 79572 |
| assets shall include the net book value of aircraft or real | 79573 |
| property described in division (L)(1)(b)(i) of this section. | 79574 |
| (b)(i) As used in division (L) of this section, "intangible | 79575 |
| asset" includes, but is not limited to, the corporation's direct | 79576 |
| interest in each pass-through entity only if at all times during | 79577 |
| the corporation's taxable year ending prior to the first day of | 79578 |
| the tax year the corporation's and the corporation's related | 79579 |
| members' combined direct and indirect interests in the capital or | 79580 |
| profits of such pass-through entity do not exceed fifty per cent. | 79581 |
| If the corporation's interest in the pass-through entity is an | 79582 |
| intangible asset for that taxable year, then the distributive | 79583 |
| share of any income from the pass-through entity shall be income | 79584 |
| from an intangible asset for that taxable year. | 79585 |
| (ii) If a corporation's and the corporation's related | 79586 |
| members' combined direct and indirect interests in the capital or | 79587 |
| profits of a pass-through entity exceed fifty per cent at any time | 79588 |
| during the corporation's taxable year ending prior to the first | 79589 |
| day of the tax year, "intangible asset" does not include the | 79590 |
| corporation's direct interest in the pass-through entity, and the | 79591 |
| corporation shall include in its assets its proportionate share of | 79592 |
| the assets of any such pass-through entity and shall include in | 79593 |
| its gross income its distributive share of the gross income of | 79594 |
| such pass-through entity in the same form as was earned by the | 79595 |
| pass-through entity. | 79596 |
| (iii) A pass-through entity's direct or indirect | 79597 |
| proportionate share of any other pass-through entity's assets | 79598 |
| shall be included for the purpose of computing the corporation's | 79599 |
| proportionate share of the pass-through entity's assets under | 79600 |
| division (L)(2)(b)(ii) of this section, and such pass-through | 79601 |
| entity's distributive share of any other pass-through entity's | 79602 |
| gross income shall be included for purposes of computing the | 79603 |
| corporation's distributive share of the pass-through entity's | 79604 |
| gross income under division (L)(2)(b)(ii) of this section. | 79605 |
| (c) For the purposes of divisions (L)(1)(b)(i), (1)(b)(ii), | 79606 |
| (2)(a)(i), and (2)(a)(ii) of this section, real property is | 79607 |
| described in division (L)(2)(c) of this section only if all of the | 79608 |
| following conditions are present at all times during the taxable | 79609 |
| year ending prior to the first day of the tax year: | 79610 |
| (i) The real property serves as the headquarters of the | 79611 |
| corporation's trade or business, or is the place from which the | 79612 |
| corporation's trade or business is principally managed or | 79613 |
| directed; | 79614 |
| (ii) Not more than ten per cent of the value of the real | 79615 |
| property and not more than ten per cent of the square footage of | 79616 |
| the building or buildings that are part of the real property is | 79617 |
| used, made available, or occupied for the purpose of providing, | 79618 |
| acquiring, transferring, selling, or disposing of tangible | 79619 |
| property or services in the normal course of business to persons | 79620 |
| other than related members, the corporation's employees and their | 79621 |
| families, and such related members' employees and their families. | 79622 |
| (d) As used in division (L) of this section, "related member" | 79623 |
| has the same meaning as in division (A)(6) of section 5733.042 of | 79624 |
| the Revised Code without regard to division (B) of that section. | 79625 |
| (3) The percentages described in division (L)(1)(a) of this | 79626 |
| section shall be equal to the quarterly average of those | 79627 |
| percentages as calculated during the corporation's taxable year | 79628 |
| ending prior to the first day of the tax year. | 79629 |
| (4) With respect to the election described in division | 79630 |
| (L)(1)(e) of this section: | 79631 |
| (a) The election need not accompany a timely filed report; | 79632 |
| (b) The election need not accompany the report; rather, the | 79633 |
| election may accompany a subsequently filed but timely application | 79634 |
| for refund and timely amended report, or a subsequently filed but | 79635 |
| timely petition for reassessment; | 79636 |
| (c) The election is not irrevocable; | 79637 |
| (d) The election applies only to the tax year specified by | 79638 |
| the corporation; | 79639 |
| (e) The corporation's related members comply with division | 79640 |
| (L)(1)(d) of this section. | 79641 |
| Nothing in division (L)(4) of this section shall be construed | 79642 |
| to extend any statute of limitations set forth in this chapter. | 79643 |
| (M) "Qualifying controlled group" means two or more | 79644 |
| corporations that satisfy the ownership and control requirements | 79645 |
| of division (A) of section 5733.052 of the Revised Code. | 79646 |
| (N) "Limited liability company" means any limited liability | 79647 |
| company formed under Chapter 1705. of the Revised Code or under | 79648 |
| the laws of any other state. | 79649 |
| (O) "Pass-through entity" means a corporation that has made | 79650 |
| an election under subchapter S of Chapter 1 of Subtitle A of the | 79651 |
| Internal Revenue Code for its taxable year under that code, or a | 79652 |
| partnership, limited liability company, or any other person, other | 79653 |
| than an individual, trust, or estate, if the partnership, limited | 79654 |
| liability company, or other person is not classified for federal | 79655 |
| income tax purposes as an association taxed as a corporation. | 79656 |
| (P) "Electric company," "combined company," and "telephone | 79657 |
| company" have the same meanings as in section 5727.01 of the | 79658 |
| Revised Code. | 79659 |
| (Q) "Business income" means income arising from transactions, | 79660 |
| activities, and sources in the regular course of a trade or | 79661 |
| business and includes income from real property, tangible personal | 79662 |
| property, and intangible personal property if the acquisition, | 79663 |
| rental, management, and disposition of the property constitute | 79664 |
| integral parts of the regular course of a trade or business | 79665 |
| operation. "Business income" includes income, including gain or | 79666 |
| loss, from a partial or complete liquidation of a business, | 79667 |
| including, but not limited to, gain or loss from the sale or other | 79668 |
| disposition of goodwill. | 79669 |
| (R) "Nonbusiness income" means all income other than business | 79670 |
| income. | 79671 |
| Sec. 5733.58. (A) Terms used in this section have the same | 79672 |
| meaning as in section 5725.33 of the Revised Code. | 79673 |
| (B) There is hereby allowed a nonrefundable credit against | 79674 |
| the tax imposed by section 5733.06 of the Revised Code for a | 79675 |
| financial institution holding a qualified equity investment on the | 79676 |
| credit allowance date occurring in the calendar year immediately | 79677 |
| preceding the tax year for which the tax is due. The credit shall | 79678 |
| be computed in the same manner prescribed for the computation of | 79679 |
| credits allowed under section 5725.33 of the Revised Code. | 79680 |
| By claiming a tax credit under this section, a financial | 79681 |
| institution waives its rights under section 5733.11 of the Revised | 79682 |
| Code with respect to the time limitation for the assessment of | 79683 |
| taxes as it relates to credits claimed that later become subject | 79684 |
| to recapture under division (D) of this section. | 79685 |
| The credit shall be claimed in the order prescribed by | 79686 |
| section 5733.98 of the Revised Code. If the amount of the credit | 79687 |
| exceeds the amount of tax otherwise due after deducting all other | 79688 |
| credits in that order, the excess may be carried forward and | 79689 |
| applied to the tax due for not more than four ensuing tax years. | 79690 |
| (C) The total amount of qualified equity investments on the | 79691 |
| basis of which credits may be claimed under this section and | 79692 |
| sections 5725.33 and 5729.16 of the Revised Code is subject to the | 79693 |
| limitation of division (C) of section 5725.33 of the Revised Code. | 79694 |
| (D) If any amount of the federal tax credit allowed for a | 79695 |
| qualified equity investment for which a credit was received under | 79696 |
| this section is recaptured under section 45D of the Internal | 79697 |
| Revenue Code, or if the director of development determines that an | 79698 |
| investment for which a tax credit is claimed under this section is | 79699 |
| not a qualified equity investment or that the proceeds of an | 79700 |
| investment for which a tax credit is claimed under this section | 79701 |
| are used to make qualified low-income community investments other | 79702 |
| than in a qualified active low-income community business, all or a | 79703 |
| portion of the credit received on account of that investment | 79704 |
| shall be paid by the financial institution that received the | 79705 |
| credit to the tax commissioner. The amount to be recovered shall | 79706 |
| be determined by the director of development pursuant to rules | 79707 |
| adopted under section 5725.33 of the Revised Code. The director | 79708 |
| shall certify any amount due under this division to the tax | 79709 |
| commissioner, and the commissioner shall notify the financial | 79710 |
| institution of the amount due. The amount due is payable not | 79711 |
| later than thirty days after the day the commissioner issues the | 79712 |
| notice. The amount due shall be considered to be tax due under | 79713 |
| section 5733.06 of the Revised Code, and may be collected by | 79714 |
| assessment without regard to the limitations imposed under section | 79715 |
| 5733.11 of the Revised Code for the assessment of taxes by the | 79716 |
| commissioner. All amounts collected under this division shall be | 79717 |
| credited as revenue from the tax levied under section 5733.06 of | 79718 |
| the Revised Code. | 79719 |
| Sec. 5733.98. (A) To provide a uniform procedure for | 79720 |
| calculating the amount of tax imposed by section 5733.06 of the | 79721 |
| Revised Code that is due under this chapter, a taxpayer shall | 79722 |
| claim any credits to which it is entitled in the following order, | 79723 |
| except as otherwise provided in section 5733.058 of the Revised | 79724 |
| Code: | 79725 |
| (1) For tax year 2005, the credit for taxes paid by a | 79726 |
| qualifying pass-through entity allowed under section 5733.0611 of | 79727 |
| the Revised Code; | 79728 |
| (2) The credit allowed for financial institutions under | 79729 |
| section 5733.45 of the Revised Code; | 79730 |
| (3) The credit for qualifying affiliated groups under section | 79731 |
| 5733.068 of the Revised Code; | 79732 |
| (4) The subsidiary corporation credit under section 5733.067 | 79733 |
| of the Revised Code; | 79734 |
| (5) The savings and loan assessment credit under section | 79735 |
| 5733.063 of the Revised Code; | 79736 |
| (6) The credit for recycling and litter prevention donations | 79737 |
| under section 5733.064 of the Revised Code; | 79738 |
| (7) The credit for employers that enter into agreements with | 79739 |
| child day-care centers under section 5733.36 of the Revised Code; | 79740 |
| (8) The credit for employers that reimburse employee child | 79741 |
| care expenses under section 5733.38 of the Revised Code; | 79742 |
| (9) The credit for maintaining railroad active grade crossing | 79743 |
| warning devices under section 5733.43 of the Revised Code; | 79744 |
| (10) The credit for purchases of lights and reflectors under | 79745 |
| section 5733.44 of the Revised Code; | 79746 |
| (11) The job retention credit under division (B) of section | 79747 |
| 5733.0610 of the Revised Code; | 79748 |
| (12) The credit for tax years 2008 and 2009 for selling | 79749 |
| alternative fuel under section 5733.48 of the Revised Code; | 79750 |
| (13) The second credit for purchases of new manufacturing | 79751 |
| machinery and equipment under section 5733.33 of the Revised Code; | 79752 |
| (14) The job training credit under section 5733.42 of the | 79753 |
| Revised Code; | 79754 |
| (15) The credit for qualified research expenses under section | 79755 |
| 5733.351 of the Revised Code; | 79756 |
| (16) The enterprise zone credit under section 5709.66 of the | 79757 |
| Revised Code; | 79758 |
| (17) The credit for the eligible costs associated with a | 79759 |
| voluntary action under section 5733.34 of the Revised Code; | 79760 |
| (18) The credit for employers that establish on-site child | 79761 |
| day-care centers under section 5733.37 of the Revised Code; | 79762 |
| (19) The ethanol plant investment credit under section | 79763 |
| 5733.46 of the Revised Code; | 79764 |
| (20) The credit for purchases of qualifying grape production | 79765 |
| property under section 5733.32 of the Revised Code; | 79766 |
| (21) The export sales credit under section 5733.069 of the | 79767 |
| Revised Code; | 79768 |
| (22) The credit for research and development and technology | 79769 |
| transfer investors under section 5733.35 of the Revised Code; | 79770 |
| (23) The enterprise zone credits under section 5709.65 of the | 79771 |
| Revised Code; | 79772 |
| (24) The credit for using Ohio coal under section 5733.39 of | 79773 |
| the Revised Code; | 79774 |
| (25) The credit for purchases of qualified low-income | 79775 |
| community investments under section 5733.58 of the Revised Code; | 79776 |
| (26) The credit for small telephone companies under section | 79777 |
| 5733.57 of the Revised Code; | 79778 |
| | 79779 |
| under section 5733.55 of the Revised Code; | 79780 |
| | 79781 |
| to aid the communicatively impaired under division (A) of section | 79782 |
| 5733.56 of the Revised Code; | 79783 |
| | 79784 |
| 5733.352 of the Revised Code; | 79785 |
| | 79786 |
| credit for taxes paid by a qualifying pass-through entity allowed | 79787 |
| under section 5733.0611 of the Revised Code; | 79788 |
| | 79789 |
| building under section 5733.47 of the Revised Code; | 79790 |
| | 79791 |
| (A) of section 5733.0610 of the Revised Code; | 79792 |
| | 79793 |
| division (B)(2) of section 5747.062 of the Revised Code; | 79794 |
| | 79795 |
| Revised Code for losses on loans made to the Ohio venture capital | 79796 |
| program under sections 150.01 to 150.10 of the Revised Code; | 79797 |
| | 79798 |
| credit allowable under division (B) of section 5733.56 of the | 79799 |
| Revised Code. | 79800 |
| (B) For any credit except the credits enumerated in divisions | 79801 |
|
(A) | 79802 |
| for a tax year shall not exceed the tax due after allowing for | 79803 |
| any other credit that precedes it in the order required under | 79804 |
| this section. Any excess amount of a particular credit may be | 79805 |
| carried forward if authorized under the section creating that | 79806 |
| credit. | 79807 |
| Sec. 5735.142. (A)(1) Any person who uses any motor fuel, on | 79808 |
| which the tax imposed by sections 5735.05, 5735.25, and 5735.29 of | 79809 |
| the Revised Code has been paid, for the purpose of operating a | 79810 |
|
transit
bus shall be reimbursed in the amount of
| 79811 |
| on motor fuel used by public transportation systems providing | 79812 |
| transit or paratransit service on a regular and continuing basis | 79813 |
| within the state; | 79814 |
| (2) A city, exempted village, joint vocational, or local | 79815 |
| school district or educational service center that purchases any | 79816 |
| motor fuel for school district or service center operations, on | 79817 |
| which any tax imposed by section 5735.29 of the Revised Code that | 79818 |
| became effective on or after July 1, 2003, has been paid, may, if | 79819 |
| an application is filed under this section, be reimbursed in the | 79820 |
| amount of all but two cents per gallon of the total tax imposed by | 79821 |
| such section and paid on motor fuel. | 79822 |
| (3) A county board of mental retardation and developmental | 79823 |
| disabilities that, on or after July 1, 2005, purchases any motor | 79824 |
| fuel for county board operations, on which any tax imposed by | 79825 |
| section 5735.29 of the Revised Code has been paid may, if an | 79826 |
| application is filed under this section, be reimbursed in the | 79827 |
| amount of all but two cents per gallon of the total tax imposed by | 79828 |
| such section and paid on motor fuel purchased on or after July 1, | 79829 |
| 2005. | 79830 |
| (B) Such person, school district, educational service center, | 79831 |
| or county board shall file with the tax commissioner an | 79832 |
| application for refund within one year from the date of purchase, | 79833 |
| stating the quantity of fuel used for operating transit buses used | 79834 |
| by local transit systems in furnishing scheduled common carrier, | 79835 |
| public passenger land transportation service along regular routes | 79836 |
| primarily in one or more municipal corporations or for operating | 79837 |
| vehicles used for school district, service center, or county board | 79838 |
| operations. However, no claim shall be made for the tax on fewer | 79839 |
| than one hundred gallons of motor fuel. A school district, | 79840 |
| educational service center, or county board shall not apply for a | 79841 |
| refund for any tax paid on motor fuel that is sold by the | 79842 |
| district, service center, or county board. The application shall | 79843 |
| be accompanied by the statement described in section 5735.15 of | 79844 |
| the Revised Code showing the purchase, together with evidence of | 79845 |
| payment thereof. | 79846 |
| (C) After consideration of the application and statement, the | 79847 |
| commissioner shall determine the amount of refund to which the | 79848 |
| applicant is entitled. If the amount is not less than that | 79849 |
| claimed, the commissioner shall certify the amount to the director | 79850 |
| of budget and management and treasurer of state for payment from | 79851 |
| the tax refund fund created by section 5703.052 of the Revised | 79852 |
| Code. If the amount is less than that claimed, the commissioner | 79853 |
| shall proceed in accordance with section 5703.70 of the Revised | 79854 |
| Code. | 79855 |
| The commissioner may require that the application be | 79856 |
| supported by the affidavit of the claimant. No refund shall be | 79857 |
| authorized or ordered for any single claim for the tax on fewer | 79858 |
| than one hundred gallons of motor fuel. No refund shall be | 79859 |
| authorized or ordered on motor fuel that is sold by a school | 79860 |
| district, educational service center, or county board. | 79861 |
| (D) The refund authorized by this section or section 5703.70 | 79862 |
| of the Revised Code shall be reduced by the cents per gallon | 79863 |
| amount of any qualified fuel credit received under section | 79864 |
| 5735.145 of the Revised Code, as determined by the commissioner, | 79865 |
| for each gallon of qualified fuel included in the total gallonage | 79866 |
| of motor fuel upon which the refund is computed. | 79867 |
| (E) The right to receive any refund under this section or | 79868 |
| section 5703.70 of the Revised Code is not assignable. The payment | 79869 |
| of this refund shall not be made to any person or entity other | 79870 |
| than the person or entity originally entitled thereto who used the | 79871 |
| motor fuel upon which the claim for refund is based, except that | 79872 |
| the refund when allowed and certified, as provided in this | 79873 |
| section, may be paid to the executor, the administrator, the | 79874 |
| receiver, the trustee in bankruptcy, or the assignee in insolvency | 79875 |
| proceedings of the person. | 79876 |
| Sec. 5739.01. As used in this chapter: | 79877 |
| (A) "Person" includes individuals, receivers, assignees, | 79878 |
| trustees in bankruptcy, estates, firms, partnerships, | 79879 |
| associations, joint-stock companies, joint ventures, clubs, | 79880 |
| societies, corporations, the state and its political subdivisions, | 79881 |
| and combinations of individuals of any form. | 79882 |
| (B) "Sale" and "selling" include all of the following | 79883 |
| transactions for a consideration in any manner, whether absolutely | 79884 |
| or conditionally, whether for a price or rental, in money or by | 79885 |
| exchange, and by any means whatsoever: | 79886 |
| (1) All transactions by which title or possession, or both, | 79887 |
| of tangible personal property, is or is to be transferred, or a | 79888 |
| license to use or consume tangible personal property is or is to | 79889 |
| be granted; | 79890 |
| (2) All transactions by which lodging by a hotel is or is to | 79891 |
| be furnished to transient guests; | 79892 |
| (3) All transactions by which: | 79893 |
| (a) An item of tangible personal property is or is to be | 79894 |
| repaired, except property, the purchase of which would not be | 79895 |
| subject to the tax imposed by section 5739.02 of the Revised Code; | 79896 |
| (b) An item of tangible personal property is or is to be | 79897 |
| installed, except property, the purchase of which would not be | 79898 |
| subject to the tax imposed by section 5739.02 of the Revised Code | 79899 |
| or property that is or is to be incorporated into and will become | 79900 |
| a part of a production, transmission, transportation, or | 79901 |
| distribution system for the delivery of a public utility service; | 79902 |
| (c) The service of washing, cleaning, waxing, polishing, or | 79903 |
| painting a motor vehicle is or is to be furnished; | 79904 |
| (d) Until August 1, 2003, industrial laundry cleaning | 79905 |
| services are or are to be provided and, on and after August 1, | 79906 |
| 2003, laundry and dry cleaning services are or are to be provided; | 79907 |
| (e) Automatic data processing, computer services, or | 79908 |
| electronic information services are or are to be provided for use | 79909 |
| in business when the true object of the transaction is the receipt | 79910 |
| by the consumer of automatic data processing, computer services, | 79911 |
| or electronic information services rather than the receipt of | 79912 |
| personal or professional services to which automatic data | 79913 |
| processing, computer services, or electronic information services | 79914 |
| are incidental or supplemental. Notwithstanding any other | 79915 |
| provision of this chapter, such transactions that occur between | 79916 |
| members of an affiliated group are not sales. An "affiliated | 79917 |
| group" means two or more persons related in such a way that one | 79918 |
| person owns or controls the business operation of another member | 79919 |
| of the group. In the case of corporations with stock, one | 79920 |
| corporation owns or controls another if it owns more than fifty | 79921 |
| per cent of the other corporation's common stock with voting | 79922 |
| rights. | 79923 |
| (f) Telecommunications service, including prepaid calling | 79924 |
| service, prepaid wireless calling service, or ancillary service, | 79925 |
| is or is to be provided, but not including coin-operated telephone | 79926 |
| service; | 79927 |
| (g) Landscaping and lawn care service is or is to be | 79928 |
| provided; | 79929 |
| (h) Private investigation and security service is or is to be | 79930 |
| provided; | 79931 |
| (i) Information services or tangible personal property is | 79932 |
| provided or ordered by means of a nine hundred telephone call; | 79933 |
| (j) Building maintenance and janitorial service is or is to | 79934 |
| be provided; | 79935 |
| (k) Employment service is or is to be provided; | 79936 |
| (l) Employment placement service is or is to be provided; | 79937 |
| (m) Exterminating service is or is to be provided; | 79938 |
| (n) Physical fitness facility service is or is to be | 79939 |
| provided; | 79940 |
| (o) Recreation and sports club service is or is to be | 79941 |
| provided; | 79942 |
| (p) On and after August 1, 2003, satellite broadcasting | 79943 |
| service is or is to be provided; | 79944 |
| (q) On and after August 1, 2003, personal care service is or | 79945 |
| is to be provided to an individual. As used in this division, | 79946 |
| "personal care service" includes skin care, the application of | 79947 |
| cosmetics, manicuring, pedicuring, hair removal, tattooing, body | 79948 |
| piercing, tanning, massage, and other similar services. "Personal | 79949 |
| care service" does not include a service provided by or on the | 79950 |
| order of a licensed physician or licensed chiropractor, or the | 79951 |
| cutting, coloring, or styling of an individual's hair. | 79952 |
| (r) On and after August 1, 2003, the transportation of | 79953 |
| persons by motor vehicle or aircraft is or is to be provided, when | 79954 |
| the transportation is entirely within this state, except for | 79955 |
| transportation provided by an ambulance service, by a transit bus, | 79956 |
| as defined in section 5735.01 of the Revised Code, and | 79957 |
| transportation provided by a citizen of the United States holding | 79958 |
| a certificate of public convenience and necessity issued under 49 | 79959 |
| U.S.C. 41102; | 79960 |
| (s) On and after August 1, 2003, motor vehicle towing service | 79961 |
| is or is to be provided. As used in this division, "motor vehicle | 79962 |
| towing service" means the towing or conveyance of a wrecked, | 79963 |
| disabled, or illegally parked motor vehicle. | 79964 |
| (t) On and after August 1, 2003, snow removal service is or | 79965 |
| is to be provided. As used in this division, "snow removal | 79966 |
| service" means the removal of snow by any mechanized means, but | 79967 |
| does not include the providing of such service by a person that | 79968 |
| has less than five thousand dollars in sales of such service | 79969 |
| during the calendar year. | 79970 |
| (u) Electronic publishing service is or is to be provided to | 79971 |
| a consumer for use in business, except that such transactions | 79972 |
| occurring between members of an affiliated group, as defined in | 79973 |
| division (B)(3)(e) of this section, are not sales. | 79974 |
| (4) All transactions by which printed, imprinted, | 79975 |
| overprinted, lithographic, multilithic, blueprinted, photostatic, | 79976 |
| or other productions or reproductions of written or graphic matter | 79977 |
| are or are to be furnished or transferred; | 79978 |
| (5) The production or fabrication of tangible personal | 79979 |
| property for a consideration for consumers who furnish either | 79980 |
| directly or indirectly the materials used in the production of | 79981 |
| fabrication work; and include the furnishing, preparing, or | 79982 |
| serving for a consideration of any tangible personal property | 79983 |
| consumed on the premises of the person furnishing, preparing, or | 79984 |
| serving such tangible personal property. Except as provided in | 79985 |
| section 5739.03 of the Revised Code, a construction contract | 79986 |
| pursuant to which tangible personal property is or is to be | 79987 |
| incorporated into a structure or improvement on and becoming a | 79988 |
| part of real property is not a sale of such tangible personal | 79989 |
| property. The construction contractor is the consumer of such | 79990 |
| tangible personal property, provided that the sale and | 79991 |
| installation of carpeting, the sale and installation of | 79992 |
| agricultural land tile, the sale and erection or installation of | 79993 |
| portable grain bins, or the provision of landscaping and lawn care | 79994 |
| service and the transfer of property as part of such service is | 79995 |
| never a construction contract. | 79996 |
| As used in division (B)(5) of this section: | 79997 |
| (a) "Agricultural land tile" means fired clay or concrete | 79998 |
| tile, or flexible or rigid perforated plastic pipe or tubing, | 79999 |
| incorporated or to be incorporated into a subsurface drainage | 80000 |
| system appurtenant to land used or to be used directly in | 80001 |
| production by farming, agriculture, horticulture, or floriculture. | 80002 |
| The term does not include such materials when they are or are to | 80003 |
| be incorporated into a drainage system appurtenant to a building | 80004 |
| or structure even if the building or structure is used or to be | 80005 |
| used in such production. | 80006 |
| (b) "Portable grain bin" means a structure that is used or to | 80007 |
| be used by a person engaged in farming or agriculture to shelter | 80008 |
| the person's grain and that is designed to be disassembled without | 80009 |
| significant damage to its component parts. | 80010 |
| (6) All transactions in which all of the shares of stock of a | 80011 |
| closely held corporation are transferred, if the corporation is | 80012 |
| not engaging in business and its entire assets consist of boats, | 80013 |
| planes, motor vehicles, or other tangible personal property | 80014 |
| operated primarily for the use and enjoyment of the shareholders; | 80015 |
| (7) All transactions in which a warranty, maintenance or | 80016 |
| service contract, or similar agreement by which the vendor of the | 80017 |
| warranty, contract, or agreement agrees to repair or maintain the | 80018 |
| tangible personal property of the consumer is or is to be | 80019 |
| provided; | 80020 |
| (8) The transfer of copyrighted motion picture films used | 80021 |
| solely for advertising purposes, except that the transfer of such | 80022 |
| films for exhibition purposes is not a sale; | 80023 |
| (9) On and after August 1, 2003, all transactions by which | 80024 |
| tangible personal property is or is to be stored, except such | 80025 |
| property that the consumer of the storage holds for sale in the | 80026 |
| regular course of business; | 80027 |
| (10) All transactions in which "guaranteed auto protection" | 80028 |
| is provided whereby a person promises to pay to the consumer the | 80029 |
| difference between the amount the consumer receives from motor | 80030 |
| vehicle insurance and the amount the consumer owes to a person | 80031 |
| holding title to or a lien on the consumer's motor vehicle in the | 80032 |
| event the consumer's motor vehicle suffers a total loss under the | 80033 |
| terms of the motor vehicle insurance policy or is stolen and not | 80034 |
| recovered, if the protection and its price are included in the | 80035 |
| purchase or lease agreement; | 80036 |
| (11)(a) Except as provided in division (B)(11)(b) of this | 80037 |
| section, on and after October 1, 2009, all transactions by which | 80038 |
| health care services are paid for, reimbursed, provided, | 80039 |
| delivered, arranged for, or otherwise made available by a medicaid | 80040 |
| health insuring corporation pursuant to the corporation's contract | 80041 |
| with the state. | 80042 |
| (b) If the centers for medicare and medicaid services of the | 80043 |
| United States department of health and human services determines | 80044 |
| that the taxation of transactions described in division (B)(11)(a) | 80045 |
| of this section constitutes an impermissible health care-related | 80046 |
| tax under section 1903(w) of the "Social Security Act," 49 Stat. | 80047 |
| 620 (1935), 42 U.S.C. 1396b(w), as amended, and regulations | 80048 |
| adopted thereunder, the director of job and family services shall | 80049 |
| notify the tax commissioner of that determination. Beginning with | 80050 |
| the first day of the month following that notification, the | 80051 |
| transactions described in division (B)(11)(a) of this section are | 80052 |
| not sales for the purposes of this chapter or Chapter 5741. of the | 80053 |
| Revised Code. The tax commissioner shall order that the collection | 80054 |
| of taxes under sections 5739.02, 5739.021, 5739.023, 5739.026, | 80055 |
| 5741.02, 5741.021, 5741.022, and 5741.023 of the Revised Code | 80056 |
| shall cease for transactions occurring on or after that date. | 80057 |
| Except as provided in this section, "sale" and "selling" do | 80058 |
| not include transfers of interest in leased property where the | 80059 |
| original lessee and the terms of the original lease agreement | 80060 |
| remain unchanged, or professional, insurance, or personal service | 80061 |
| transactions that involve the transfer of tangible personal | 80062 |
| property as an inconsequential element, for which no separate | 80063 |
| charges are made. | 80064 |
| (C) "Vendor" means the person providing the service or by | 80065 |
| whom the transfer effected or license given by a sale is or is to | 80066 |
| be made or given and, for sales described in division (B)(3)(i) of | 80067 |
| this section, the telecommunications service vendor that provides | 80068 |
| the nine hundred telephone service; if two or more persons are | 80069 |
| engaged in business at the same place of business under a single | 80070 |
| trade name in which all collections on account of sales by each | 80071 |
| are made, such persons shall constitute a single vendor. | 80072 |
| Physicians, dentists, hospitals, and veterinarians who are | 80073 |
| engaged in selling tangible personal property as received from | 80074 |
| others, such as eyeglasses, mouthwashes, dentifrices, or similar | 80075 |
| articles, are vendors. Veterinarians who are engaged in | 80076 |
| transferring to others for a consideration drugs, the dispensing | 80077 |
| of which does not require an order of a licensed veterinarian or | 80078 |
| physician under federal law, are vendors. | 80079 |
| (D)(1) "Consumer" means the person for whom the service is | 80080 |
| provided, to whom the transfer effected or license given by a sale | 80081 |
| is or is to be made or given, to whom the service described in | 80082 |
| division (B)(3)(f) or (i) of this section is charged, or to whom | 80083 |
| the admission is granted. | 80084 |
| (2) Physicians, dentists, hospitals, and blood banks operated | 80085 |
| by nonprofit institutions and persons licensed to practice | 80086 |
| veterinary medicine, surgery, and dentistry are consumers of all | 80087 |
| tangible personal property and services purchased by them in | 80088 |
| connection with the practice of medicine, dentistry, the rendition | 80089 |
| of hospital or blood bank service, or the practice of veterinary | 80090 |
| medicine, surgery, and dentistry. In addition to being consumers | 80091 |
| of drugs administered by them or by their assistants according to | 80092 |
| their direction, veterinarians also are consumers of drugs that | 80093 |
| under federal law may be dispensed only by or upon the order of a | 80094 |
| licensed veterinarian or physician, when transferred by them to | 80095 |
| others for a consideration to provide treatment to animals as | 80096 |
| directed by the veterinarian. | 80097 |
| (3) A person who performs a facility management, or similar | 80098 |
| service contract for a contractee is a consumer of all tangible | 80099 |
| personal property and services purchased for use in connection | 80100 |
| with the performance of such contract, regardless of whether title | 80101 |
| to any such property vests in the contractee. The purchase of such | 80102 |
| property and services is not subject to the exception for resale | 80103 |
| under division (E)(1) of this section. | 80104 |
| (4)(a) In the case of a person who purchases printed matter | 80105 |
| for the purpose of distributing it or having it distributed to the | 80106 |
| public or to a designated segment of the public, free of charge, | 80107 |
| that person is the consumer of that printed matter, and the | 80108 |
| purchase of that printed matter for that purpose is a sale. | 80109 |
| (b) In the case of a person who produces, rather than | 80110 |
| purchases, printed matter for the purpose of distributing it or | 80111 |
| having it distributed to the public or to a designated segment of | 80112 |
| the public, free of charge, that person is the consumer of all | 80113 |
| tangible personal property and services purchased for use or | 80114 |
| consumption in the production of that printed matter. That person | 80115 |
| is not entitled to claim exemption under division (B)(42)(f) of | 80116 |
| section 5739.02 of the Revised Code for any material incorporated | 80117 |
| into the printed matter or any equipment, supplies, or services | 80118 |
| primarily used to produce the printed matter. | 80119 |
| (c) The distribution of printed matter to the public or to a | 80120 |
| designated segment of the public, free of charge, is not a sale to | 80121 |
| the members of the public to whom the printed matter is | 80122 |
| distributed or to any persons who purchase space in the printed | 80123 |
| matter for advertising or other purposes. | 80124 |
| (5) A person who makes sales of any of the services listed in | 80125 |
| division (B)(3) of this section is the consumer of any tangible | 80126 |
| personal property used in performing the service. The purchase of | 80127 |
| that property is not subject to the resale exception under | 80128 |
| division (E)(1) of this section. | 80129 |
| (6) A person who engages in highway transportation for hire | 80130 |
| is the consumer of all packaging materials purchased by that | 80131 |
| person and used in performing the service, except for packaging | 80132 |
| materials sold by such person in a transaction separate from the | 80133 |
| service. | 80134 |
| (7) In the case of a transaction for health care services | 80135 |
| under division (B)(11) of this section, a medicaid health insuring | 80136 |
| corporation is the consumer of such services. The purchase of such | 80137 |
| services by a medicaid health insuring corporation is not subject | 80138 |
| to the exception for resale under division (E)(1) of this section | 80139 |
| or to the exemptions provided under divisions (B)(12), (18), (19), | 80140 |
| and (22) of section 5739.02 of the Revised Code. | 80141 |
| (E) "Retail sale" and "sales at retail" include all sales, | 80142 |
| except those in which the purpose of the consumer is to resell the | 80143 |
| thing transferred or benefit of the service provided, by a person | 80144 |
| engaging in business, in the form in which the same is, or is to | 80145 |
| be, received by the person. | 80146 |
| (F) "Business" includes any activity engaged in by any person | 80147 |
| with the object of gain, benefit, or advantage, either direct or | 80148 |
| indirect. "Business" does not include the activity of a person in | 80149 |
| managing and investing the person's own funds. | 80150 |
| (G) "Engaging in business" means commencing, conducting, or | 80151 |
| continuing in business, and liquidating a business when the | 80152 |
| liquidator thereof holds itself out to the public as conducting | 80153 |
| such business. Making a casual sale is not engaging in business. | 80154 |
| (H)(1)(a) "Price," except as provided in divisions (H)(2) | 80155 |
| 80156 | |
| consideration, including cash, credit, property, and services, | 80157 |
| for which tangible personal property or services are sold, | 80158 |
| leased, or rented, valued in money, whether received in money or | 80159 |
| otherwise, without any deduction for any of the following: | 80160 |
| (i) The vendor's cost of the property sold; | 80161 |
| (ii) The cost of materials used, labor or service costs, | 80162 |
| interest, losses, all costs of transportation to the vendor, all | 80163 |
| taxes imposed on the vendor, including the tax imposed under | 80164 |
| Chapter 5751. of the Revised Code, and any other expense of the | 80165 |
| vendor; | 80166 |
| (iii) Charges by the vendor for any services necessary to | 80167 |
| complete the sale; | 80168 |
| (iv) On and after August 1, 2003, delivery charges. As used | 80169 |
| in this division, "delivery charges" means charges by the vendor | 80170 |
| for preparation and delivery to a location designated by the | 80171 |
| consumer of tangible personal property or a service, including | 80172 |
| transportation, shipping, postage, handling, crating, and packing. | 80173 |
| (v) Installation charges; | 80174 |
| (vi) Credit for any trade-in. | 80175 |
| (b) "Price" includes consideration received by the vendor | 80176 |
| from a third party, if the vendor actually receives the | 80177 |
| consideration from a party other than the consumer, and the | 80178 |
| consideration is directly related to a price reduction or discount | 80179 |
| on the sale; the vendor has an obligation to pass the price | 80180 |
| reduction or discount through to the consumer; the amount of the | 80181 |
| consideration attributable to the sale is fixed and determinable | 80182 |
| by the vendor at the time of the sale of the item to the consumer; | 80183 |
| and one of the following criteria is met: | 80184 |
| (i) The consumer presents a coupon, certificate, or other | 80185 |
| document to the vendor to claim a price reduction or discount | 80186 |
| where the coupon, certificate, or document is authorized, | 80187 |
| distributed, or granted by a third party with the understanding | 80188 |
| that the third party will reimburse any vendor to whom the coupon, | 80189 |
| certificate, or document is presented; | 80190 |
| (ii) The consumer identifies the consumer's self to the | 80191 |
| seller as a member of a group or organization entitled to a price | 80192 |
| reduction or discount. A preferred customer card that is available | 80193 |
| to any patron does not constitute membership in such a group or | 80194 |
| organization. | 80195 |
| (iii) The price reduction or discount is identified as a | 80196 |
| third party price reduction or discount on the invoice received by | 80197 |
| the consumer, or on a coupon, certificate, or other document | 80198 |
| presented by the consumer. | 80199 |
| (c) "Price" does not include any of the following: | 80200 |
| (i) Discounts, including cash, term, or coupons that are not | 80201 |
| reimbursed by a third party that are allowed by a vendor and taken | 80202 |
| by a consumer on a sale; | 80203 |
| (ii) Interest, financing, and carrying charges from credit | 80204 |
| extended on the sale of tangible personal property or services, if | 80205 |
| the amount is separately stated on the invoice, bill of sale, or | 80206 |
| similar document given to the purchaser; | 80207 |
| (iii) Any taxes legally imposed directly on the consumer that | 80208 |
| are separately stated on the invoice, bill of sale, or similar | 80209 |
| document given to the consumer. For the purpose of this division, | 80210 |
| the tax imposed under Chapter 5751. of the Revised Code is not a | 80211 |
| tax directly on the consumer, even if the tax or a portion thereof | 80212 |
| is separately stated. | 80213 |
| (iv) Notwithstanding divisions (H)(1)(b)(i) to (iii) of this | 80214 |
| section, any discount allowed by an automobile manufacturer to its | 80215 |
| employee, or to the employee of a supplier, on the purchase of a | 80216 |
| new motor vehicle from a new motor vehicle dealer in this state. | 80217 |
| (2) In the case of a sale of any new motor vehicle by a new | 80218 |
| motor vehicle dealer, as defined in section 4517.01 of the Revised | 80219 |
| Code, in which another motor vehicle is accepted by the dealer as | 80220 |
| part of the consideration received, "price" has the same meaning | 80221 |
| as in division (H)(1) of this section, reduced by the credit | 80222 |
| afforded the consumer by the dealer for the motor vehicle received | 80223 |
| in trade. | 80224 |
| (3) In the case of a sale of any watercraft or outboard motor | 80225 |
| by a watercraft dealer licensed in accordance with section | 80226 |
| 1547.543 of the Revised Code, in which another watercraft, | 80227 |
| watercraft and trailer, or outboard motor is accepted by the | 80228 |
| dealer as part of the consideration received, "price" has the same | 80229 |
| meaning as in division (H)(1) of this section, reduced by the | 80230 |
| credit afforded the consumer by the dealer for the watercraft, | 80231 |
| watercraft and trailer, or outboard motor received in trade. As | 80232 |
| used in this division, "watercraft" includes an outdrive unit | 80233 |
| attached to the watercraft. | 80234 |
| (4) In the case of transactions for health care services | 80235 |
| under division (B)(11) of this section, "price" means the amount | 80236 |
| of managed care premiums received each month by a medicaid health | 80237 |
| insuring corporation. | 80238 |
| (I) "Receipts" means the total amount of the prices of the | 80239 |
| sales of vendors, provided that cash discounts allowed and taken | 80240 |
| on sales at the time they are consummated are not included, minus | 80241 |
| any amount deducted as a bad debt pursuant to section 5739.121 of | 80242 |
| the Revised Code. "Receipts" does not include the sale price of | 80243 |
| property returned or services rejected by consumers when the full | 80244 |
| sale price and tax are refunded either in cash or by credit. | 80245 |
| (J) "Place of business" means any location at which a person | 80246 |
| engages in business. | 80247 |
| (K) "Premises" includes any real property or portion thereof | 80248 |
| upon which any person engages in selling tangible personal | 80249 |
| property at retail or making retail sales and also includes any | 80250 |
| real property or portion thereof designated for, or devoted to, | 80251 |
| use in conjunction with the business engaged in by such person. | 80252 |
| (L) "Casual sale" means a sale of an item of tangible | 80253 |
| personal property that was obtained by the person making the sale, | 80254 |
| through purchase or otherwise, for the person's own use and was | 80255 |
| previously subject to any state's taxing jurisdiction on its sale | 80256 |
| or use, and includes such items acquired for the seller's use that | 80257 |
| are sold by an auctioneer employed directly by the person for such | 80258 |
| purpose, provided the location of such sales is not the | 80259 |
| auctioneer's permanent place of business. As used in this | 80260 |
| division, "permanent place of business" includes any location | 80261 |
| where such auctioneer has conducted more than two auctions during | 80262 |
| the year. | 80263 |
| (M) "Hotel" means every establishment kept, used, maintained, | 80264 |
| advertised, or held out to the public to be a place where sleeping | 80265 |
| accommodations are offered to guests, in which five or more rooms | 80266 |
| are used for the accommodation of such guests, whether the rooms | 80267 |
| are in one or several structures. | 80268 |
| (N) "Transient guests" means persons occupying a room or | 80269 |
| rooms for sleeping accommodations for less than thirty consecutive | 80270 |
| days. | 80271 |
| (O) "Making retail sales" means the effecting of transactions | 80272 |
| wherein one party is obligated to pay the price and the other | 80273 |
| party is obligated to provide a service or to transfer title to or | 80274 |
| possession of the item sold. "Making retail sales" does not | 80275 |
| include the preliminary acts of promoting or soliciting the retail | 80276 |
| sales, other than the distribution of printed matter which | 80277 |
| displays or describes and prices the item offered for sale, nor | 80278 |
| does it include delivery of a predetermined quantity of tangible | 80279 |
| personal property or transportation of property or personnel to or | 80280 |
| from a place where a service is performed, regardless of whether | 80281 |
| the vendor is a delivery vendor. | 80282 |
| (P) "Used directly in the rendition of a public utility | 80283 |
| service" means that property that is to be incorporated into and | 80284 |
| will become a part of the consumer's production, transmission, | 80285 |
| transportation, or distribution system and that retains its | 80286 |
| classification as tangible personal property after such | 80287 |
| incorporation; fuel or power used in the production, transmission, | 80288 |
| transportation, or distribution system; and tangible personal | 80289 |
| property used in the repair and maintenance of the production, | 80290 |
| transmission, transportation, or distribution system, including | 80291 |
| only such motor vehicles as are specially designed and equipped | 80292 |
| for such use. Tangible personal property and services used | 80293 |
| primarily in providing highway transportation for hire are not | 80294 |
| used directly in the rendition of a public utility service. In | 80295 |
| this definition, "public utility" includes a citizen of the United | 80296 |
| States holding, and required to hold, a certificate of public | 80297 |
| convenience and necessity issued under 49 U.S.C. 41102. | 80298 |
| (Q) "Refining" means removing or separating a desirable | 80299 |
| product from raw or contaminated materials by distillation or | 80300 |
| physical, mechanical, or chemical processes. | 80301 |
| (R) "Assembly" and "assembling" mean attaching or fitting | 80302 |
| together parts to form a product, but do not include packaging a | 80303 |
| product. | 80304 |
| (S) "Manufacturing operation" means a process in which | 80305 |
| materials are changed, converted, or transformed into a different | 80306 |
| state or form from which they previously existed and includes | 80307 |
| refining materials, assembling parts, and preparing raw materials | 80308 |
| and parts by mixing, measuring, blending, or otherwise committing | 80309 |
| such materials or parts to the manufacturing process. | 80310 |
| "Manufacturing operation" does not include packaging. | 80311 |
| (T) "Fiscal officer" means, with respect to a regional | 80312 |
| transit authority, the secretary-treasurer thereof, and with | 80313 |
| respect to a county that is a transit authority, the fiscal | 80314 |
| officer of the county transit board if one is appointed pursuant | 80315 |
| to section 306.03 of the Revised Code or the county auditor if the | 80316 |
| board of county commissioners operates the county transit system. | 80317 |
| (U) "Transit authority" means a regional transit authority | 80318 |
| created pursuant to section 306.31 of the Revised Code or a county | 80319 |
| in which a county transit system is created pursuant to section | 80320 |
| 306.01 of the Revised Code. For the purposes of this chapter, a | 80321 |
| transit authority must extend to at least the entire area of a | 80322 |
| single county. A transit authority that includes territory in more | 80323 |
| than one county must include all the area of the most populous | 80324 |
| county that is a part of such transit authority. County population | 80325 |
| shall be measured by the most recent census taken by the United | 80326 |
| States census bureau. | 80327 |
| (V) "Legislative authority" means, with respect to a regional | 80328 |
| transit authority, the board of trustees thereof, and with respect | 80329 |
| to a county that is a transit authority, the board of county | 80330 |
| commissioners. | 80331 |
| (W) "Territory of the transit authority" means all of the | 80332 |
| area included within the territorial boundaries of a transit | 80333 |
| authority as they from time to time exist. Such territorial | 80334 |
| boundaries must at all times include all the area of a single | 80335 |
| county or all the area of the most populous county that is a part | 80336 |
| of such transit authority. County population shall be measured by | 80337 |
| the most recent census taken by the United States census bureau. | 80338 |
| (X) "Providing a service" means providing or furnishing | 80339 |
| anything described in division (B)(3) of this section for | 80340 |
| consideration. | 80341 |
| (Y)(1)(a) "Automatic data processing" means processing of | 80342 |
| others' data, including keypunching or similar data entry services | 80343 |
| together with verification thereof, or providing access to | 80344 |
| computer equipment for the purpose of processing data. | 80345 |
| (b) "Computer services" means providing services consisting | 80346 |
| of specifying computer hardware configurations and evaluating | 80347 |
| technical processing characteristics, computer programming, and | 80348 |
| training of computer programmers and operators, provided in | 80349 |
| conjunction with and to support the sale, lease, or operation of | 80350 |
| taxable computer equipment or systems. | 80351 |
| (c) "Electronic information services" means providing access | 80352 |
| to computer equipment by means of telecommunications equipment for | 80353 |
| the purpose of either of the following: | 80354 |
| (i) Examining or acquiring data stored in or accessible to | 80355 |
| the computer equipment; | 80356 |
| (ii) Placing data into the computer equipment to be retrieved | 80357 |
| by designated recipients with access to the computer equipment. | 80358 |
| For transactions occurring on or after the effective date of | 80359 |
| the amendment of this section by H.B. 157 of the 127th general | 80360 |
| assembly, December 21, 2007, "electronic information services" | 80361 |
| does not include electronic publishing as defined in division | 80362 |
| (LLL) of this section. | 80363 |
| (d) "Automatic data processing, computer services, or | 80364 |
| electronic information services" shall not include personal or | 80365 |
| professional services. | 80366 |
| (2) As used in divisions (B)(3)(e) and (Y)(1) of this | 80367 |
| section, "personal and professional services" means all services | 80368 |
| other than automatic data processing, computer services, or | 80369 |
| electronic information services, including but not limited to: | 80370 |
| (a) Accounting and legal services such as advice on tax | 80371 |
| matters, asset management, budgetary matters, quality control, | 80372 |
| information security, and auditing and any other situation where | 80373 |
| the service provider receives data or information and studies, | 80374 |
| alters, analyzes, interprets, or adjusts such material; | 80375 |
| (b) Analyzing business policies and procedures; | 80376 |
| (c) Identifying management information needs; | 80377 |
| (d) Feasibility studies, including economic and technical | 80378 |
| analysis of existing or potential computer hardware or software | 80379 |
| needs and alternatives; | 80380 |
| (e) Designing policies, procedures, and custom software for | 80381 |
| collecting business information, and determining how data should | 80382 |
| be summarized, sequenced, formatted, processed, controlled, and | 80383 |
| reported so that it will be meaningful to management; | 80384 |
| (f) Developing policies and procedures that document how | 80385 |
| business events and transactions are to be authorized, executed, | 80386 |
| and controlled; | 80387 |
| (g) Testing of business procedures; | 80388 |
| (h) Training personnel in business procedure applications; | 80389 |
| (i) Providing credit information to users of such information | 80390 |
| by a consumer reporting agency, as defined in the "Fair Credit | 80391 |
| Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C. 1681a(f), or | 80392 |
| as hereafter amended, including but not limited to gathering, | 80393 |
| organizing, analyzing, recording, and furnishing such information | 80394 |
| by any oral, written, graphic, or electronic medium; | 80395 |
| (j) Providing debt collection services by any oral, written, | 80396 |
| graphic, or electronic means. | 80397 |
| The services listed in divisions (Y)(2)(a) to (j) of this | 80398 |
| section are not automatic data processing or computer services. | 80399 |
| (Z) "Highway transportation for hire" means the | 80400 |
| transportation of personal property belonging to others for | 80401 |
| consideration by any of the following: | 80402 |
| (1) The holder of a permit or certificate issued by this | 80403 |
| state or the United States authorizing the holder to engage in | 80404 |
| transportation of personal property belonging to others for | 80405 |
| consideration over or on highways, roadways, streets, or any | 80406 |
| similar public thoroughfare; | 80407 |
| (2) A person who engages in the transportation of personal | 80408 |
| property belonging to others for consideration over or on | 80409 |
| highways, roadways, streets, or any similar public thoroughfare | 80410 |
| but who could not have engaged in such transportation on December | 80411 |
| 11, 1985, unless the person was the holder of a permit or | 80412 |
| certificate of the types described in division (Z)(1) of this | 80413 |
| section; | 80414 |
| (3) A person who leases a motor vehicle to and operates it | 80415 |
| for a person described by division (Z)(1) or (2) of this section. | 80416 |
| (AA)(1) "Telecommunications service" means the electronic | 80417 |
| transmission, conveyance, or routing of voice, data, audio, video, | 80418 |
| or any other information or signals to a point, or between or | 80419 |
| among points. "Telecommunications service" includes such | 80420 |
| transmission, conveyance, or routing in which computer processing | 80421 |
| applications are used to act on the form, code, or protocol of the | 80422 |
| content for purposes of transmission, conveyance, or routing | 80423 |
| without regard to whether the service is referred to as voice-over | 80424 |
| internet protocol service or is classified by the federal | 80425 |
| communications commission as enhanced or value-added. | 80426 |
| "Telecommunications service" does not include any of the | 80427 |
| following: | 80428 |
| (a) Data processing and information services that allow data | 80429 |
| to be generated, acquired, stored, processed, or retrieved and | 80430 |
| delivered by an electronic transmission to a consumer where the | 80431 |
| consumer's primary purpose for the underlying transaction is the | 80432 |
| processed data or information; | 80433 |
| (b) Installation or maintenance of wiring or equipment on a | 80434 |
| customer's premises; | 80435 |
| (c) Tangible personal property; | 80436 |
| (d) Advertising, including directory advertising; | 80437 |
| (e) Billing and collection services provided to third | 80438 |
| parties; | 80439 |
| (f) Internet access service; | 80440 |
| (g) Radio and television audio and video programming | 80441 |
| services, regardless of the medium, including the furnishing of | 80442 |
| transmission, conveyance, and routing of such services by the | 80443 |
| programming service provider. Radio and television audio and video | 80444 |
| programming services include, but are not limited to, cable | 80445 |
| service, as defined in 47 U.S.C. 522(6), and audio and video | 80446 |
| programming services delivered by commercial mobile radio service | 80447 |
| providers, as defined in 47 C.F.R. 20.3; | 80448 |
| (h) Ancillary service; | 80449 |
| (i) Digital products delivered electronically, including | 80450 |
| software, music, video, reading materials, or ring tones. | 80451 |
| (2) "Ancillary service" means a service that is associated | 80452 |
| with or incidental to the provision of telecommunications service, | 80453 |
| including conference bridging service, detailed telecommunications | 80454 |
| billing service, directory assistance, vertical service, and voice | 80455 |
| mail service. As used in this division: | 80456 |
| (a) "Conference bridging service" means an ancillary service | 80457 |
| that links two or more participants of an audio or video | 80458 |
| conference call, including providing a telephone number. | 80459 |
| "Conference bridging service" does not include telecommunications | 80460 |
| services used to reach the conference bridge. | 80461 |
| (b) "Detailed telecommunications billing service" means an | 80462 |
| ancillary service of separately stating information pertaining to | 80463 |
| individual calls on a customer's billing statement. | 80464 |
| (c) "Directory assistance" means an ancillary service of | 80465 |
| providing telephone number or address information. | 80466 |
| (d) "Vertical service" means an ancillary service that is | 80467 |
| offered in connection with one or more telecommunications | 80468 |
| services, which offers advanced calling features that allow | 80469 |
| customers to identify callers and manage multiple calls and call | 80470 |
| connections, including conference bridging service. | 80471 |
| (e) "Voice mail service" means an ancillary service that | 80472 |
| enables the customer to store, send, or receive recorded messages. | 80473 |
| "Voice mail service" does not include any vertical services that | 80474 |
| the customer may be required to have in order to utilize the voice | 80475 |
| mail service. | 80476 |
| (3) "900 service" means an inbound toll telecommunications | 80477 |
| service purchased by a subscriber that allows the subscriber's | 80478 |
| customers to call in to the subscriber's prerecorded announcement | 80479 |
| or live service, and which is typically marketed under the name | 80480 |
| "900" service and any subsequent numbers designated by the federal | 80481 |
| communications commission. "900 service" does not include the | 80482 |
| charge for collection services provided by the seller of the | 80483 |
| telecommunications service to the subscriber, or services or | 80484 |
| products sold by the subscriber to the subscriber's customer. | 80485 |
| (4) "Prepaid calling service" means the right to access | 80486 |
| exclusively telecommunications services, which must be paid for in | 80487 |
| advance and which enables the origination of calls using an access | 80488 |
| number or authorization code, whether manually or electronically | 80489 |
| dialed, and that is sold in predetermined units of dollars of | 80490 |
| which the number declines with use in a known amount. | 80491 |
| (5) "Prepaid wireless calling service" means a | 80492 |
| telecommunications service that provides the right to utilize | 80493 |
| mobile telecommunications service as well as other | 80494 |
| non-telecommunications services, including the download of digital | 80495 |
| products delivered electronically, and content and ancillary | 80496 |
| services, that must be paid for in advance and that is sold in | 80497 |
| predetermined units of dollars of which the number declines with | 80498 |
| use in a known amount. | 80499 |
| (6) "Value-added non-voice data service" means a | 80500 |
| telecommunications service in which computer processing | 80501 |
| applications are used to act on the form, content, code, or | 80502 |
| protocol of the information or data primarily for a purpose other | 80503 |
| than transmission, conveyance, or routing. | 80504 |
| (7) "Coin-operated telephone service" means a | 80505 |
| telecommunications service paid for by inserting money into a | 80506 |
| telephone accepting direct deposits of money to operate. | 80507 |
| (8) "Customer" has the same meaning as in section 5739.034 of | 80508 |
| the Revised Code. | 80509 |
| (BB) "Laundry and dry cleaning services" means removing soil | 80510 |
| or dirt from towels, linens, articles of clothing, or other fabric | 80511 |
| items that belong to others and supplying towels, linens, articles | 80512 |
| of clothing, or other fabric items. "Laundry and dry cleaning | 80513 |
| services" does not include the provision of self-service | 80514 |
| facilities for use by consumers to remove soil or dirt from | 80515 |
| towels, linens, articles of clothing, or other fabric items. | 80516 |
| (CC) "Magazines distributed as controlled circulation | 80517 |
| publications" means magazines containing at least twenty-four | 80518 |
| pages, at least twenty-five per cent editorial content, issued at | 80519 |
| regular intervals four or more times a year, and circulated | 80520 |
| without charge to the recipient, provided that such magazines are | 80521 |
| not owned or controlled by individuals or business concerns which | 80522 |
| conduct such publications as an auxiliary to, and essentially for | 80523 |
| the advancement of the main business or calling of, those who own | 80524 |
| or control them. | 80525 |
| (DD) "Landscaping and lawn care service" means the services | 80526 |
| of planting, seeding, sodding, removing, cutting, trimming, | 80527 |
| pruning, mulching, aerating, applying chemicals, watering, | 80528 |
| fertilizing, and providing similar services to establish, promote, | 80529 |
| or control the growth of trees, shrubs, flowers, grass, ground | 80530 |
| cover, and other flora, or otherwise maintaining a lawn or | 80531 |
| landscape grown or maintained by the owner for ornamentation or | 80532 |
| other nonagricultural purpose. However, "landscaping and lawn care | 80533 |
| service" does not include the providing of such services by a | 80534 |
| person who has less than five thousand dollars in sales of such | 80535 |
| services during the calendar year. | 80536 |
| (EE) "Private investigation and security service" means the | 80537 |
| performance of any activity for which the provider of such service | 80538 |
| is required to be licensed pursuant to Chapter 4749. of the | 80539 |
| Revised Code, or would be required to be so licensed in performing | 80540 |
| such services in this state, and also includes the services of | 80541 |
| conducting polygraph examinations and of monitoring or overseeing | 80542 |
| the activities on or in, or the condition of, the consumer's home, | 80543 |
| business, or other facility by means of electronic or similar | 80544 |
| monitoring devices. "Private investigation and security service" | 80545 |
| does not include special duty services provided by off-duty police | 80546 |
| officers, deputy sheriffs, and other peace officers regularly | 80547 |
| employed by the state or a political subdivision. | 80548 |
| (FF) "Information services" means providing conversation, | 80549 |
| giving consultation or advice, playing or making a voice or other | 80550 |
| recording, making or keeping a record of the number of callers, | 80551 |
| and any other service provided to a consumer by means of a nine | 80552 |
| hundred telephone call, except when the nine hundred telephone | 80553 |
| call is the means by which the consumer makes a contribution to a | 80554 |
| recognized charity. | 80555 |
| (GG) "Research and development" means designing, creating, or | 80556 |
| formulating new or enhanced products, equipment, or manufacturing | 80557 |
| processes, and also means conducting scientific or technological | 80558 |
| inquiry and experimentation in the physical sciences with the goal | 80559 |
| of increasing scientific knowledge which may reveal the bases for | 80560 |
| new or enhanced products, equipment, or manufacturing processes. | 80561 |
| (HH) "Qualified research and development equipment" means | 80562 |
| capitalized tangible personal property, and leased personal | 80563 |
| property that would be capitalized if purchased, used by a person | 80564 |
| primarily to perform research and development. Tangible personal | 80565 |
| property primarily used in testing, as defined in division (A)(4) | 80566 |
| of section 5739.011 of the Revised Code, or used for recording or | 80567 |
| storing test results, is not qualified research and development | 80568 |
| equipment unless such property is primarily used by the consumer | 80569 |
| in testing the product, equipment, or manufacturing process being | 80570 |
| created, designed, or formulated by the consumer in the research | 80571 |
| and development activity or in recording or storing such test | 80572 |
| results. | 80573 |
| (II) "Building maintenance and janitorial service" means | 80574 |
| cleaning the interior or exterior of a building and any tangible | 80575 |
| personal property located therein or thereon, including any | 80576 |
| services incidental to such cleaning for which no separate charge | 80577 |
| is made. However, "building maintenance and janitorial service" | 80578 |
| does not include the providing of such service by a person who has | 80579 |
| less than five thousand dollars in sales of such service during | 80580 |
| the calendar year. | 80581 |
| (JJ) "Employment service" means providing or supplying | 80582 |
| personnel, on a temporary or long-term basis, to perform work or | 80583 |
| labor under the supervision or control of another, when the | 80584 |
| personnel so provided or supplied receive their wages, salary, or | 80585 |
| other compensation from the provider or supplier of the employment | 80586 |
| service or from a third party that provided or supplied the | 80587 |
| personnel to the provider or supplier. "Employment service" does | 80588 |
| not include: | 80589 |
| (1) Acting as a contractor or subcontractor, where the | 80590 |
| personnel performing the work are not under the direct control of | 80591 |
| the purchaser. | 80592 |
| (2) Medical and health care services. | 80593 |
| (3) Supplying personnel to a purchaser pursuant to a contract | 80594 |
| of at least one year between the service provider and the | 80595 |
| purchaser that specifies that each employee covered under the | 80596 |
| contract is assigned to the purchaser on a permanent basis. | 80597 |
| (4) Transactions between members of an affiliated group, as | 80598 |
| defined in division (B)(3)(e) of this section. | 80599 |
| (5) Transactions where the personnel so provided or supplied | 80600 |
| by a provider or supplier to a purchaser of an employment service | 80601 |
| are then provided or supplied by that purchaser to a third party | 80602 |
| as an employment service, except "employment service" does include | 80603 |
| the transaction between that purchaser and the third party. | 80604 |
| (KK) "Employment placement service" means locating or finding | 80605 |
| employment for a person or finding or locating an employee to fill | 80606 |
| an available position. | 80607 |
| (LL) "Exterminating service" means eradicating or attempting | 80608 |
| to eradicate vermin infestations from a building or structure, or | 80609 |
| the area surrounding a building or structure, and includes | 80610 |
| activities to inspect, detect, or prevent vermin infestation of a | 80611 |
| building or structure. | 80612 |
| (MM) "Physical fitness facility service" means all | 80613 |
| transactions by which a membership is granted, maintained, or | 80614 |
| renewed, including initiation fees, membership dues, renewal fees, | 80615 |
| monthly minimum fees, and other similar fees and dues, by a | 80616 |
| physical fitness facility such as an athletic club, health spa, or | 80617 |
| gymnasium, which entitles the member to use the facility for | 80618 |
| physical exercise. | 80619 |
| (NN) "Recreation and sports club service" means all | 80620 |
| transactions by which a membership is granted, maintained, or | 80621 |
| renewed, including initiation fees, membership dues, renewal fees, | 80622 |
| monthly minimum fees, and other similar fees and dues, by a | 80623 |
| recreation and sports club, which entitles the member to use the | 80624 |
| facilities of the organization. "Recreation and sports club" means | 80625 |
| an organization that has ownership of, or controls or leases on a | 80626 |
| continuing, long-term basis, the facilities used by its members | 80627 |
| and includes an aviation club, gun or shooting club, yacht club, | 80628 |
| card club, swimming club, tennis club, golf club, country club, | 80629 |
| riding club, amateur sports club, or similar organization. | 80630 |
| (OO) "Livestock" means farm animals commonly raised for food | 80631 |
| or food production, and includes but is not limited to cattle, | 80632 |
| sheep, goats, swine, and poultry. "Livestock" does not include | 80633 |
| invertebrates, fish, amphibians, reptiles, horses, domestic pets, | 80634 |
| animals for use in laboratories or for exhibition, or other | 80635 |
| animals not commonly raised for food or food production. | 80636 |
| (PP) "Livestock structure" means a building or structure used | 80637 |
| exclusively for the housing, raising, feeding, or sheltering of | 80638 |
| livestock, and includes feed storage or handling structures and | 80639 |
| structures for livestock waste handling. | 80640 |
| (QQ) "Horticulture" means the growing, cultivation, and | 80641 |
| production of flowers, fruits, herbs, vegetables, sod, mushrooms, | 80642 |
| and nursery stock. As used in this division, "nursery stock" has | 80643 |
| the same meaning as in section 927.51 of the Revised Code. | 80644 |
| (RR) "Horticulture structure" means a building or structure | 80645 |
| used exclusively for the commercial growing, raising, or | 80646 |
| overwintering of horticultural products, and includes the area | 80647 |
| used for stocking, storing, and packing horticultural products | 80648 |
| when done in conjunction with the production of those products. | 80649 |
| (SS) "Newspaper" means an unbound publication bearing a title | 80650 |
| or name that is regularly published, at least as frequently as | 80651 |
| biweekly, and distributed from a fixed place of business to the | 80652 |
| public in a specific geographic area, and that contains a | 80653 |
| substantial amount of news matter of international, national, or | 80654 |
| local events of interest to the general public. | 80655 |
| (TT) "Professional racing team" means a person that employs | 80656 |
| at least twenty full-time employees for the purpose of conducting | 80657 |
| a motor vehicle racing business for profit. The person must | 80658 |
| conduct the business with the purpose of racing one or more motor | 80659 |
| racing vehicles in at least ten competitive professional racing | 80660 |
| events each year that comprise all or part of a motor racing | 80661 |
| series sanctioned by one or more motor racing sanctioning | 80662 |
| organizations. A "motor racing vehicle" means a vehicle for which | 80663 |
| the chassis, engine, and parts are designed exclusively for motor | 80664 |
| racing, and does not include a stock or production model vehicle | 80665 |
| that may be modified for use in racing. For the purposes of this | 80666 |
| division: | 80667 |
| (1) A "competitive professional racing event" is a motor | 80668 |
| vehicle racing event sanctioned by one or more motor racing | 80669 |
| sanctioning organizations, at which aggregate cash prizes in | 80670 |
| excess of eight hundred thousand dollars are awarded to the | 80671 |
| competitors. | 80672 |
| (2) "Full-time employee" means an individual who is employed | 80673 |
| for consideration for thirty-five or more hours a week, or who | 80674 |
| renders any other standard of service generally accepted by custom | 80675 |
| or specified by contract as full-time employment. | 80676 |
| (UU)(1) "Lease" or "rental" means any transfer of the | 80677 |
| possession or control of tangible personal property for a fixed or | 80678 |
| indefinite term, for consideration. "Lease" or "rental" includes | 80679 |
| future options to purchase or extend, and agreements described in | 80680 |
| 26 U.S.C. 7701(h)(1) covering motor vehicles and trailers where | 80681 |
| the amount of consideration may be increased or decreased by | 80682 |
| reference to the amount realized upon the sale or disposition of | 80683 |
| the property. "Lease" or "rental" does not include: | 80684 |
| (a) A transfer of possession or control of tangible personal | 80685 |
| property under a security agreement or a deferred payment plan | 80686 |
| that requires the transfer of title upon completion of the | 80687 |
| required payments; | 80688 |
| (b) A transfer of possession or control of tangible personal | 80689 |
| property under an agreement that requires the transfer of title | 80690 |
| upon completion of required payments and payment of an option | 80691 |
| price that does not exceed the greater of one hundred dollars or | 80692 |
| one per cent of the total required payments; | 80693 |
| (c) Providing tangible personal property along with an | 80694 |
| operator for a fixed or indefinite period of time, if the operator | 80695 |
| is necessary for the property to perform as designed. For purposes | 80696 |
| of this division, the operator must do more than maintain, | 80697 |
| inspect, or set-up the tangible personal property. | 80698 |
| (2) "Lease" and "rental," as defined in division (UU) of this | 80699 |
| section, shall not apply to leases or rentals that exist before | 80700 |
| June 26, 2003. | 80701 |
| (3) "Lease" and "rental" have the same meaning as in division | 80702 |
| (UU)(1) of this section regardless of whether a transaction is | 80703 |
| characterized as a lease or rental under generally accepted | 80704 |
| accounting principles, the Internal Revenue Code, Title XIII of | 80705 |
| the Revised Code, or other federal, state, or local laws. | 80706 |
| (VV) "Mobile telecommunications service" has the same meaning | 80707 |
| as in the "Mobile Telecommunications Sourcing Act," Pub. L. No. | 80708 |
| 106-252, 114 Stat. 631 (2000), 4 U.S.C.A. 124(7), as amended, and, | 80709 |
| on and after August 1, 2003, includes related fees and ancillary | 80710 |
| services, including universal service fees, detailed billing | 80711 |
| service, directory assistance, service initiation, voice mail | 80712 |
| service, and vertical services, such as caller ID and three-way | 80713 |
| calling. | 80714 |
| (WW) "Certified service provider" has the same meaning as in | 80715 |
| section 5740.01 of the Revised Code. | 80716 |
| (XX) "Satellite broadcasting service" means the distribution | 80717 |
| or broadcasting of programming or services by satellite directly | 80718 |
| to the subscriber's receiving equipment without the use of ground | 80719 |
| receiving or distribution equipment, except the subscriber's | 80720 |
| receiving equipment or equipment used in the uplink process to the | 80721 |
| satellite, and includes all service and rental charges, premium | 80722 |
| channels or other special services, installation and repair | 80723 |
| service charges, and any other charges having any connection with | 80724 |
| the provision of the satellite broadcasting service. | 80725 |
| (YY) "Tangible personal property" means personal property | 80726 |
| that can be seen, weighed, measured, felt, or touched, or that is | 80727 |
| in any other manner perceptible to the senses. For purposes of | 80728 |
| this chapter and Chapter 5741. of the Revised Code, "tangible | 80729 |
| personal property" includes motor vehicles, electricity, water, | 80730 |
| gas, steam, and prewritten computer software. | 80731 |
| (ZZ) "Direct mail" means printed material delivered or | 80732 |
| distributed by United States mail or other delivery service to a | 80733 |
| mass audience or to addressees on a mailing list provided by the | 80734 |
| consumer or at the direction of the consumer when the cost of the | 80735 |
| items are not billed directly to the recipients. "Direct mail" | 80736 |
| includes tangible personal property supplied directly or | 80737 |
| indirectly by the consumer to the direct mail vendor for inclusion | 80738 |
| in the package containing the printed material. "Direct mail" does | 80739 |
| not include multiple items of printed material delivered to a | 80740 |
| single address. | 80741 |
| (AAA) "Computer" means an electronic device that accepts | 80742 |
| information in digital or similar form and manipulates it for a | 80743 |
| result based on a sequence of instructions. | 80744 |
| (BBB) "Computer software" means a set of coded instructions | 80745 |
| designed to cause a computer or automatic data processing | 80746 |
| equipment to perform a task. | 80747 |
| (CCC) "Delivered electronically" means delivery of computer | 80748 |
| software from the seller to the purchaser by means other than | 80749 |
| tangible storage media. | 80750 |
| (DDD) "Prewritten computer software" means computer software, | 80751 |
| including prewritten upgrades, that is not designed and developed | 80752 |
| by the author or other creator to the specifications of a specific | 80753 |
| purchaser. The combining of two or more prewritten computer | 80754 |
| software programs or prewritten portions thereof does not cause | 80755 |
| the combination to be other than prewritten computer software. | 80756 |
| "Prewritten computer software" includes software designed and | 80757 |
| developed by the author or other creator to the specifications of | 80758 |
| a specific purchaser when it is sold to a person other than the | 80759 |
| purchaser. If a person modifies or enhances computer software of | 80760 |
| which the person is not the author or creator, the person shall be | 80761 |
| deemed to be the author or creator only of such person's | 80762 |
| modifications or enhancements. Prewritten computer software or a | 80763 |
| prewritten portion thereof that is modified or enhanced to any | 80764 |
| degree, where such modification or enhancement is designed and | 80765 |
| developed to the specifications of a specific purchaser, remains | 80766 |
| prewritten computer software; provided, however, that where there | 80767 |
| is a reasonable, separately stated charge or an invoice or other | 80768 |
| statement of the price given to the purchaser for the modification | 80769 |
| or enhancement, the modification or enhancement shall not | 80770 |
| constitute prewritten computer software. | 80771 |
| (EEE)(1) "Food" means substances, whether in liquid, | 80772 |
| concentrated, solid, frozen, dried, or dehydrated form, that are | 80773 |
| sold for ingestion or chewing by humans and are consumed for their | 80774 |
| taste or nutritional value. "Food" does not include alcoholic | 80775 |
| beverages, dietary supplements, soft drinks, or tobacco. | 80776 |
| (2) As used in division (EEE)(1) of this section: | 80777 |
| (a) "Alcoholic beverages" means beverages that are suitable | 80778 |
| for human consumption and contain one-half of one per cent or more | 80779 |
| of alcohol by volume. | 80780 |
| (b) "Dietary supplements" means any product, other than | 80781 |
| tobacco, that is intended to supplement the diet and that is | 80782 |
| intended for ingestion in tablet, capsule, powder, softgel, | 80783 |
| gelcap, or liquid form, or, if not intended for ingestion in such | 80784 |
| a form, is not represented as conventional food for use as a sole | 80785 |
| item of a meal or of the diet; that is required to be labeled as a | 80786 |
| dietary supplement, identifiable by the "supplement facts" box | 80787 |
| found on the label, as required by 21 C.F.R. 101.36; and that | 80788 |
| contains one or more of the following dietary ingredients: | 80789 |
| (i) A vitamin; | 80790 |
| (ii) A mineral; | 80791 |
| (iii) An herb or other botanical; | 80792 |
| (iv) An amino acid; | 80793 |
| (v) A dietary substance for use by humans to supplement the | 80794 |
| diet by increasing the total dietary intake; | 80795 |
| (vi) A concentrate, metabolite, constituent, extract, or | 80796 |
| combination of any ingredient described in divisions | 80797 |
| (EEE)(2)(b)(i) to (v) of this section. | 80798 |
| (c) "Soft drinks" means nonalcoholic beverages that contain | 80799 |
| natural or artificial sweeteners. "Soft drinks" does not include | 80800 |
| beverages that contain milk or milk products, soy, rice, or | 80801 |
| similar milk substitutes, or that contains greater than fifty per | 80802 |
| cent vegetable or fruit juice by volume. | 80803 |
| (d) "Tobacco" means cigarettes, cigars, chewing or pipe | 80804 |
| tobacco, or any other item that contains tobacco. | 80805 |
| (FFF) "Drug" means a compound, substance, or preparation, and | 80806 |
| any component of a compound, substance, or preparation, other than | 80807 |
| food, dietary supplements, or alcoholic beverages that is | 80808 |
| recognized in the official United States pharmacopoeia, official | 80809 |
| homeopathic pharmacopoeia of the United States, or official | 80810 |
| national formulary, and supplements to them; is intended for use | 80811 |
| in the diagnosis, cure, mitigation, treatment, or prevention of | 80812 |
| disease; or is intended to affect the structure or any function of | 80813 |
| the body. | 80814 |
| (GGG) "Prescription" means an order, formula, or recipe | 80815 |
| issued in any form of oral, written, electronic, or other means of | 80816 |
| transmission by a duly licensed practitioner authorized by the | 80817 |
| laws of this state to issue a prescription. | 80818 |
| (HHH) "Durable medical equipment" means equipment, including | 80819 |
| repair and replacement parts for such equipment, that can | 80820 |
| withstand repeated use, is primarily and customarily used to serve | 80821 |
| a medical purpose, generally is not useful to a person in the | 80822 |
| absence of illness or injury, and is not worn in or on the body. | 80823 |
| "Durable medical equipment" does not include mobility enhancing | 80824 |
| equipment. | 80825 |
| (III) "Mobility enhancing equipment" means equipment, | 80826 |
| including repair and replacement parts for such equipment, that is | 80827 |
| primarily and customarily used to provide or increase the ability | 80828 |
| to move from one place to another and is appropriate for use | 80829 |
| either in a home or a motor vehicle, that is not generally used by | 80830 |
| persons with normal mobility, and that does not include any motor | 80831 |
| vehicle or equipment on a motor vehicle normally provided by a | 80832 |
| motor vehicle manufacturer. "Mobility enhancing equipment" does | 80833 |
| not include durable medical equipment. | 80834 |
| (JJJ) "Prosthetic device" means a replacement, corrective, or | 80835 |
| supportive device, including repair and replacement parts for the | 80836 |
| device, worn on or in the human body to artificially replace a | 80837 |
| missing portion of the body, prevent or correct physical deformity | 80838 |
| or malfunction, or support a weak or deformed portion of the body. | 80839 |
| As used in this division, "prosthetic device" does not include | 80840 |
| corrective eyeglasses, contact lenses, or dental prosthesis. | 80841 |
| (KKK)(1) "Fractional aircraft ownership program" means a | 80842 |
| program in which persons within an affiliated group sell and | 80843 |
| manage fractional ownership program aircraft, provided that at | 80844 |
| least one hundred airworthy aircraft are operated in the program | 80845 |
| and the program meets all of the following criteria: | 80846 |
| (a) Management services are provided by at least one program | 80847 |
| manager within an affiliated group on behalf of the fractional | 80848 |
| owners. | 80849 |
| (b) Each program aircraft is owned or possessed by at least | 80850 |
| one fractional owner. | 80851 |
| (c) Each fractional owner owns or possesses at least a | 80852 |
| one-sixteenth interest in at least one fixed-wing program | 80853 |
| aircraft. | 80854 |
| (d) A dry-lease aircraft interchange arrangement is in | 80855 |
| effect among all of the fractional owners. | 80856 |
| (e) Multi-year program agreements are in effect regarding the | 80857 |
| fractional ownership, management services, and dry-lease aircraft | 80858 |
| interchange arrangement aspects of the program. | 80859 |
| (2) As used in division (KKK)(1) of this section: | 80860 |
| (a) "Affiliated group" has the same meaning as in division | 80861 |
| (B)(3)(e) of this section. | 80862 |
| (b) "Fractional owner" means a person that owns or possesses | 80863 |
| at least a one-sixteenth interest in a program aircraft and has | 80864 |
| entered into the agreements described in division (KKK)(1)(e) of | 80865 |
| this section. | 80866 |
| (c) "Fractional ownership program aircraft" or "program | 80867 |
| aircraft" means a turbojet aircraft that is owned or possessed by | 80868 |
| a fractional owner and that has been included in a dry-lease | 80869 |
| aircraft interchange arrangement and agreement under divisions | 80870 |
| (KKK)(1)(d) and (e) of this section, or an aircraft a program | 80871 |
| manager owns or possesses primarily for use in a fractional | 80872 |
| aircraft ownership program. | 80873 |
| (d) "Management services" means administrative and aviation | 80874 |
| support services furnished under a fractional aircraft ownership | 80875 |
| program in accordance with a management services agreement under | 80876 |
| division (KKK)(1)(e) of this section, and offered by the program | 80877 |
| manager to the fractional owners, including, at a minimum, the | 80878 |
| establishment and implementation of safety guidelines; the | 80879 |
| coordination of the scheduling of the program aircraft and crews; | 80880 |
| program aircraft maintenance; program aircraft insurance; crew | 80881 |
| training for crews employed, furnished, or contracted by the | 80882 |
| program manager or the fractional owner; the satisfaction of | 80883 |
| record-keeping requirements; and the development and use of an | 80884 |
| operations manual and a maintenance manual for the fractional | 80885 |
| aircraft ownership program. | 80886 |
| (e) "Program manager" means the person that offers management | 80887 |
| services to fractional owners pursuant to a management services | 80888 |
| agreement under division (KKK)(1)(e) of this section. | 80889 |
| (LLL) "Electronic publishing" means providing access to one | 80890 |
| or more of the following primarily for business customers, | 80891 |
| including the federal government or a state government or a | 80892 |
| political subdivision thereof, to conduct research: news; | 80893 |
| business, financial, legal, consumer, or credit materials; | 80894 |
| editorials, columns, reader commentary, or features; photos or | 80895 |
| images; archival or research material; legal notices, identity | 80896 |
| verification, or public records; scientific, educational, | 80897 |
| instructional, technical, professional, trade, or other literary | 80898 |
| materials; or other similar information which has been gathered | 80899 |
| and made available by the provider to the consumer in an | 80900 |
| electronic format. Providing electronic publishing includes the | 80901 |
| functions necessary for the acquisition, formatting, editing, | 80902 |
| storage, and dissemination of data or information that is the | 80903 |
| subject of a sale. | 80904 |
| (MMM) "Medicaid health insuring corporation" means a health | 80905 |
| insuring corporation that holds a certificate of authority under | 80906 |
| Chapter 1751. of the Revised Code and is under contract with the | 80907 |
| department of job and family services pursuant to section 5111.17 | 80908 |
| of the Revised Code. | 80909 |
| (NNN) "Managed care premium" means any premium, capitation, | 80910 |
| or other payment a medicaid health insuring corporation receives | 80911 |
| for providing or arranging for the provision of health care | 80912 |
| services to its members or enrollees residing in this state. | 80913 |
| Sec. 5739.011. (A) As used in this section: | 80914 |
| (1) "Manufacturer" means a person who is engaged in | 80915 |
| manufacturing, processing, assembling, or refining a product for | 80916 |
| sale and, solely for the purposes of division (B)(12) of this | 80917 |
| section, a person who meets all the qualifications of that | 80918 |
| division. | 80919 |
| (2) "Manufacturing facility" means a single location where a | 80920 |
| manufacturing operation is conducted, including locations | 80921 |
| consisting of one or more buildings or structures in a contiguous | 80922 |
| area owned or controlled by the manufacturer. | 80923 |
| (3) "Materials handling" means the movement of the product | 80924 |
| being or to be manufactured, during which movement the product is | 80925 |
| not undergoing any substantial change or alteration in its state | 80926 |
| or form. | 80927 |
| (4) "Testing" means a process or procedure to identify the | 80928 |
| properties or assure the quality of a material or product. | 80929 |
| (5) "Completed product" means a manufactured item that is in | 80930 |
| the form and condition as it will be sold by the manufacturer. An | 80931 |
| item is completed when all processes that change or alter its | 80932 |
| state or form or enhance its value are finished, even though the | 80933 |
| item subsequently will be tested to ensure its quality or be | 80934 |
| packaged for storage or shipment. | 80935 |
| (6) "Continuous manufacturing operation" means the process in | 80936 |
| which raw materials or components are moved through the steps | 80937 |
| whereby manufacturing occurs. Materials handling of raw materials | 80938 |
| or parts from the point of receipt or preproduction storage or of | 80939 |
| a completed product, to or from storage, to or from packaging, or | 80940 |
| to the place from which the completed product will be shipped, is | 80941 |
| not a part of a continuous manufacturing operation. | 80942 |
| (B) For purposes of division (B)(42)(g) of section 5739.02 of | 80943 |
| the Revised Code, the "thing transferred" includes, but is not | 80944 |
| limited to, any of the following: | 80945 |
| (1) Production machinery and equipment that act upon the | 80946 |
| product or machinery and equipment that treat the materials or | 80947 |
| parts in preparation for the manufacturing operation; | 80948 |
| (2) Materials handling equipment that moves the product | 80949 |
| through a continuous manufacturing operation; equipment that | 80950 |
| temporarily stores the product during the manufacturing operation; | 80951 |
| or, excluding motor vehicles licensed to operate on public | 80952 |
| highways, equipment used in intraplant or interplant transfers of | 80953 |
| work in process where the plant or plants between which such | 80954 |
| transfers occur are manufacturing facilities operated by the same | 80955 |
| person; | 80956 |
| (3) Catalysts, solvents, water, acids, oil, and similar | 80957 |
| consumables that interact with the product and that are an | 80958 |
| integral part of the manufacturing operation; | 80959 |
| (4) Machinery, equipment, and other tangible personal | 80960 |
| property used during the manufacturing operation that control, | 80961 |
| physically support, produce power for, lubricate, or are otherwise | 80962 |
| necessary for the functioning of production machinery and | 80963 |
| equipment and the continuation of the manufacturing operation; | 80964 |
| (5) Machinery, equipment, fuel, power, material, parts, and | 80965 |
| other tangible personal property used to manufacture machinery, | 80966 |
| equipment, or other tangible personal property used in | 80967 |
| manufacturing a product for sale; | 80968 |
| (6) Machinery, equipment, and other tangible personal | 80969 |
| property used by a manufacturer to test raw materials, the product | 80970 |
| being manufactured, or the completed product; | 80971 |
| (7) Machinery and equipment used to handle or temporarily | 80972 |
| store scrap that is intended to be reused in the manufacturing | 80973 |
| operation at the same manufacturing facility; | 80974 |
| (8) Coke, gas, water, steam, and similar substances used in | 80975 |
| the manufacturing operation; machinery and equipment used for, and | 80976 |
| fuel consumed in, producing or extracting those substances; | 80977 |
| machinery, equipment, and other tangible personal property used to | 80978 |
| treat, filter, pump, or otherwise make the substance suitable for | 80979 |
| use in the manufacturing operation; and machinery and equipment | 80980 |
| used for, and fuel consumed in, producing electricity for use in | 80981 |
| the manufacturing operation; | 80982 |
| (9) Machinery, equipment, and other tangible personal | 80983 |
| property used to transport or transmit electricity, coke, gas, | 80984 |
| water, steam, or similar substances used in the manufacturing | 80985 |
| operation from the point of generation, if produced by the | 80986 |
| manufacturer, or from the point where the substance enters the | 80987 |
| manufacturing facility, if purchased by the manufacturer, to the | 80988 |
| manufacturing operation; | 80989 |
| (10) Machinery, equipment, and other tangible personal | 80990 |
| property that treats, filters, cools, refines, or otherwise | 80991 |
| renders water, steam, acid, oil, solvents, or similar substances | 80992 |
| used in the manufacturing operation reusable, provided that the | 80993 |
| substances are intended for reuse and not for disposal, sale, or | 80994 |
| transportation from the manufacturing facility; | 80995 |
| (11) Parts, components, and repair and installation services | 80996 |
| for items described in division (B) of this section; | 80997 |
| (12) Machinery and equipment, detergents, supplies, solvents, | 80998 |
| and any other tangible personal property located at a | 80999 |
| manufacturing facility that are used in the process of removing | 81000 |
| soil, dirt, or other contaminants from, or otherwise preparing in | 81001 |
| a suitable condition for use, towels, linens, articles of | 81002 |
| clothing, floor mats, mop heads, or other similar items, to be | 81003 |
| supplied to a consumer as part of laundry and dry cleaning | 81004 |
| services as defined in division (BB) of section 5739.01 of the | 81005 |
| Revised Code, only when the towels, linens, articles of clothing, | 81006 |
| floor mats, mop heads, or other similar items belong to the | 81007 |
| provider of the services; | 81008 |
| (13) Equipment and supplies used to clean processing | 81009 |
| equipment that is part of a continuous manufacturing operation to | 81010 |
| produce milk, ice cream, yogurt, cheese, and similar dairy | 81011 |
| products for human consumption; | 81012 |
| (14) Machinery and equipment, including motor vehicles | 81013 |
| powered by a single power source and registered or not registered | 81014 |
| for operation on public highways, used to pump concrete or | 81015 |
| concrete-related products. | 81016 |
| (C) For purposes of division (B)(42)(g) of section 5739.02 of | 81017 |
| the Revised Code, the "thing transferred" does not include any of | 81018 |
| the following: | 81019 |
| (1) Tangible personal property used in administrative, | 81020 |
| personnel, security, inventory control, record-keeping, ordering, | 81021 |
| billing, or similar functions; | 81022 |
| (2) Tangible personal property used in storing raw materials | 81023 |
| or parts prior to the commencement of the manufacturing operation | 81024 |
| or used to handle or store a completed product, including storage | 81025 |
| that actively maintains a completed product in a marketable state | 81026 |
| or form; | 81027 |
| (3) Tangible personal property used to handle or store scrap | 81028 |
| or waste intended for disposal, sale, or other disposition, other | 81029 |
| than reuse in the manufacturing operation at the same | 81030 |
| manufacturing facility; | 81031 |
| (4) Tangible personal property that is or is to be | 81032 |
| incorporated into realty; | 81033 |
| (5) Machinery, equipment, and other tangible personal | 81034 |
| property used for ventilation, dust or gas collection, humidity or | 81035 |
| temperature regulation, or similar environmental control, except | 81036 |
| machinery, equipment, and other tangible personal property that | 81037 |
| totally regulates the environment in a special and limited area of | 81038 |
| the manufacturing facility where the regulation is essential for | 81039 |
| production to occur; | 81040 |
| (6) Tangible personal property used for the protection and | 81041 |
| safety of workers, unless the property is attached to or | 81042 |
| incorporated into machinery and equipment used in a continuous | 81043 |
| manufacturing operation; | 81044 |
| (7) Tangible personal property used to store fuel, water, | 81045 |
| solvents, acid, oil, or similar items consumed in the | 81046 |
| manufacturing operation; | 81047 |
| (8) Except as provided in division (B)(13) of this section, | 81048 |
| machinery, equipment, and other tangible personal property used to | 81049 |
| clean, repair, or maintain real or personal property in the | 81050 |
| manufacturing facility; | 81051 |
| (9) Motor vehicles registered for operation on public | 81052 |
| highways. | 81053 |
| (D) For purposes of division (B)(42)(g) of section 5739.02 of | 81054 |
| the Revised Code, if the "thing transferred" is a machine used by | 81055 |
| a manufacturer in both a taxable and an exempt manner, it shall be | 81056 |
| totally taxable or totally exempt from taxation based upon its | 81057 |
| quantified primary use. If the "things transferred" are fungibles, | 81058 |
| they shall be taxed based upon the proportion of the fungibles | 81059 |
| used in a taxable manner. | 81060 |
| Sec. 5739.02. For the purpose of providing revenue with | 81061 |
| which to meet the needs of the state, for the use of the general | 81062 |
| revenue fund of the state, for the purpose of securing a thorough | 81063 |
| and efficient system of common schools throughout the state, for | 81064 |
| the purpose of affording revenues, in addition to those from | 81065 |
| general property taxes, permitted under constitutional | 81066 |
| limitations, and from other sources, for the support of local | 81067 |
| governmental functions, and for the purpose of reimbursing the | 81068 |
| state for the expense of administering this chapter, an excise tax | 81069 |
| is hereby levied on each retail sale made in this state. | 81070 |
| (A)(1) The tax shall be collected as provided in section | 81071 |
| 5739.025 of the Revised Code. The rate of the tax shall be five | 81072 |
| and one-half per cent. The tax applies and is collectible when | 81073 |
| the sale is made, regardless of the time when the price is paid | 81074 |
| or delivered. | 81075 |
| (2) In the case of the lease or rental, with a fixed term of | 81076 |
| more than thirty days or an indefinite term with a minimum period | 81077 |
| of more than thirty days, of any motor vehicles designed by the | 81078 |
| manufacturer to carry a load of not more than one ton, watercraft, | 81079 |
| outboard motor, or aircraft, or of any tangible personal property, | 81080 |
| other than motor vehicles designed by the manufacturer to carry a | 81081 |
| load of more than one ton, to be used by the lessee or renter | 81082 |
| primarily for business purposes, the tax shall be collected by the | 81083 |
| vendor at the time the lease or rental is consummated and shall be | 81084 |
| calculated by the vendor on the basis of the total amount to be | 81085 |
| paid by the lessee or renter under the lease agreement. If the | 81086 |
| total amount of the consideration for the lease or rental includes | 81087 |
| amounts that are not calculated at the time the lease or rental is | 81088 |
| executed, the tax shall be calculated and collected by the vendor | 81089 |
| at the time such amounts are billed to the lessee or renter. In | 81090 |
| the case of an open-end lease or rental, the tax shall be | 81091 |
| calculated by the vendor on the basis of the total amount to be | 81092 |
| paid during the initial fixed term of the lease or rental, and for | 81093 |
| each subsequent renewal period as it comes due. As used in this | 81094 |
| division, "motor vehicle" has the same meaning as in section | 81095 |
| 4501.01 of the Revised Code, and "watercraft" includes an outdrive | 81096 |
| unit attached to the watercraft. | 81097 |
| A lease with a renewal clause and a termination penalty or | 81098 |
| similar provision that applies if the renewal clause is not | 81099 |
| exercised is presumed to be a sham transaction. In such a case, | 81100 |
| the tax shall be calculated and paid on the basis of the entire | 81101 |
| length of the lease period, including any renewal periods, until | 81102 |
| the termination penalty or similar provision no longer applies. | 81103 |
| The taxpayer shall bear the burden, by a preponderance of the | 81104 |
| evidence, that the transaction or series of transactions is not a | 81105 |
| sham transaction. | 81106 |
| (3) Except as provided in division (A)(2) of this section, in | 81107 |
| the case of a sale, the price of which consists in whole or in | 81108 |
| part of the lease or rental of tangible personal property, the tax | 81109 |
| shall be measured by the installments of that lease or rental. | 81110 |
| (4) In the case of a sale of a physical fitness facility | 81111 |
| service or recreation and sports club service, the price of which | 81112 |
| consists in whole or in part of a membership for the receipt of | 81113 |
| the benefit of the service, the tax applicable to the sale shall | 81114 |
| be measured by the installments thereof. | 81115 |
| (B) The tax does not apply to the following: | 81116 |
| (1) Sales to the state or any of its political subdivisions, | 81117 |
| or to any other state or its political subdivisions if the laws of | 81118 |
| that state exempt from taxation sales made to this state and its | 81119 |
| political subdivisions; | 81120 |
| (2) Sales of food for human consumption off the premises | 81121 |
| where sold; | 81122 |
| (3) Sales of food sold to students only in a cafeteria, | 81123 |
| dormitory, fraternity, or sorority maintained in a private, | 81124 |
| public, or parochial school, college, or university; | 81125 |
| (4) Sales of newspapers and of magazine subscriptions and | 81126 |
| sales or transfers of magazines distributed as controlled | 81127 |
| circulation publications; | 81128 |
| (5) The furnishing, preparing, or serving of meals without | 81129 |
| charge by an employer to an employee provided the employer records | 81130 |
| the meals as part compensation for services performed or work | 81131 |
| done; | 81132 |
| (6) Sales of motor fuel upon receipt, use, distribution, or | 81133 |
| sale of which in this state a tax is imposed by the law of this | 81134 |
| state, but this exemption shall not apply to the sale of motor | 81135 |
| fuel on which a refund of the tax is allowable under division (A) | 81136 |
| of section 5735.14 of the Revised Code; and the tax commissioner | 81137 |
| may deduct the amount of tax levied by this section applicable to | 81138 |
| the price of motor fuel when granting a refund of motor fuel tax | 81139 |
| pursuant to division (A) of section 5735.14 of the Revised Code | 81140 |
| and shall cause the amount deducted to be paid into the general | 81141 |
| revenue fund of this state; | 81142 |
| (7) Sales of natural gas by a natural gas company, of water | 81143 |
| by a water-works company, or of steam by a heating company, if in | 81144 |
| each case the thing sold is delivered to consumers through pipes | 81145 |
| or conduits, and all sales of communications services by a | 81146 |
| telegraph company, all terms as defined in section 5727.01 of the | 81147 |
| Revised Code, and sales of electricity delivered through wires; | 81148 |
| (8) Casual sales by a person, or auctioneer employed directly | 81149 |
| by the person to conduct such sales, except as to such sales of | 81150 |
| motor vehicles, watercraft or outboard motors required to be | 81151 |
| titled under section 1548.06 of the Revised Code, watercraft | 81152 |
| documented with the United States coast guard, snowmobiles, and | 81153 |
| all-purpose vehicles as defined in section 4519.01 of the Revised | 81154 |
| Code; | 81155 |
| (9)(a) Sales of services or tangible personal property, other | 81156 |
| than motor vehicles, mobile homes, and manufactured homes, by | 81157 |
| churches, organizations exempt from taxation under section | 81158 |
| 501(c)(3) of the Internal Revenue Code of 1986, or nonprofit | 81159 |
| organizations operated exclusively for charitable purposes as | 81160 |
| defined in division (B)(12) of this section, provided that the | 81161 |
| number of days on which such tangible personal property or | 81162 |
| services, other than items never subject to the tax, are sold does | 81163 |
| not exceed six in any calendar year, except as otherwise provided | 81164 |
| in division (B)(9)(b) of this section. If the number of days on | 81165 |
| which such sales are made exceeds six in any calendar year, the | 81166 |
| church or organization shall be considered to be engaged in | 81167 |
| business and all subsequent sales by it shall be subject to the | 81168 |
| tax. In counting the number of days, all sales by groups within a | 81169 |
| church or within an organization shall be considered to be sales | 81170 |
| of that church or organization. | 81171 |
| (b) The limitation on the number of days on which tax-exempt | 81172 |
| sales may be made by a church or organization under division | 81173 |
| (B)(9)(a) of this section does not apply to sales made by student | 81174 |
| clubs and other groups of students of a primary or secondary | 81175 |
| school, or a parent-teacher association, booster group, or similar | 81176 |
| organization that raises money to support or fund curricular or | 81177 |
| extracurricular activities of a primary or secondary school. | 81178 |
| (c) Divisions (B)(9)(a) and (b) of this section do not apply | 81179 |
| to sales by a noncommercial educational radio or television | 81180 |
| broadcasting station. | 81181 |
| (10) Sales not within the taxing power of this state under | 81182 |
| the Constitution of the United States; | 81183 |
| (11) Except for transactions that are sales under division | 81184 |
| (B)(3)(r) of section 5739.01 of the Revised Code, the | 81185 |
| transportation of persons or property, unless the transportation | 81186 |
| is by a private investigation and security service; | 81187 |
| (12) Sales of tangible personal property or services to | 81188 |
| churches, to organizations exempt from taxation under section | 81189 |
| 501(c)(3) of the Internal Revenue Code of 1986, and to any other | 81190 |
| nonprofit organizations operated exclusively for charitable | 81191 |
| purposes in this state, no part of the net income of which inures | 81192 |
| to the benefit of any private shareholder or individual, and no | 81193 |
| substantial part of the activities of which consists of carrying | 81194 |
| on propaganda or otherwise attempting to influence legislation; | 81195 |
| sales to offices administering one or more homes for the aged or | 81196 |
| one or more hospital facilities exempt under section 140.08 of the | 81197 |
| Revised Code; and sales to organizations described in division (D) | 81198 |
| of section 5709.12 of the Revised Code. | 81199 |
| "Charitable purposes" means the relief of poverty; the | 81200 |
| improvement of health through the alleviation of illness, disease, | 81201 |
| or injury; the operation of an organization exclusively for the | 81202 |
| provision of professional, laundry, printing, and purchasing | 81203 |
| services to hospitals or charitable institutions; the operation of | 81204 |
| a home for the aged, as defined in section 5701.13 of the Revised | 81205 |
| Code; the operation of a radio or television broadcasting station | 81206 |
| that is licensed by the federal communications commission as a | 81207 |
| noncommercial educational radio or television station; the | 81208 |
| operation of a nonprofit animal adoption service or a county | 81209 |
| humane society; the promotion of education by an institution of | 81210 |
| learning that maintains a faculty of qualified instructors, | 81211 |
| teaches regular continuous courses of study, and confers a | 81212 |
| recognized diploma upon completion of a specific curriculum; the | 81213 |
| operation of a parent-teacher association, booster group, or | 81214 |
| similar organization primarily engaged in the promotion and | 81215 |
| support of the curricular or extracurricular activities of a | 81216 |
| primary or secondary school; the operation of a community or area | 81217 |
| center in which presentations in music, dramatics, the arts, and | 81218 |
| related fields are made in order to foster public interest and | 81219 |
| education therein; the production of performances in music, | 81220 |
| dramatics, and the arts; or the promotion of education by an | 81221 |
| organization engaged in carrying on research in, or the | 81222 |
| dissemination of, scientific and technological knowledge and | 81223 |
| information primarily for the public. | 81224 |
| Nothing in this division shall be deemed to exempt sales to | 81225 |
| any organization for use in the operation or carrying on of a | 81226 |
| trade or business, or sales to a home for the aged for use in the | 81227 |
| operation of independent living facilities as defined in division | 81228 |
| (A) of section 5709.12 of the Revised Code. | 81229 |
| (13) Building and construction materials and services sold to | 81230 |
| construction contractors for incorporation into a structure or | 81231 |
| improvement to real property under a construction contract with | 81232 |
| this state or a political subdivision of this state, or with the | 81233 |
| United States government or any of its agencies; building and | 81234 |
| construction materials and services sold to construction | 81235 |
| contractors for incorporation into a structure or improvement to | 81236 |
| real property that are accepted for ownership by this state or any | 81237 |
| of its political subdivisions, or by the United States government | 81238 |
| or any of its agencies at the time of completion of the structures | 81239 |
| or improvements; building and construction materials sold to | 81240 |
| construction contractors for incorporation into a horticulture | 81241 |
| structure or livestock structure for a person engaged in the | 81242 |
| business of horticulture or producing livestock; building | 81243 |
| materials and services sold to a construction contractor for | 81244 |
| incorporation into a house of public worship or religious | 81245 |
| education, or a building used exclusively for charitable purposes | 81246 |
| under a construction contract with an organization whose purpose | 81247 |
| is as described in division (B)(12) of this section; building | 81248 |
| materials and services sold to a construction contractor for | 81249 |
| incorporation into a building under a construction contract with | 81250 |
| an organization exempt from taxation under section 501(c)(3) of | 81251 |
| the Internal Revenue Code of 1986 when the building is to be used | 81252 |
| exclusively for the organization's exempt purposes; building and | 81253 |
| construction materials sold for incorporation into the original | 81254 |
| construction of a sports facility under section 307.696 of the | 81255 |
| Revised Code; and building and construction materials and services | 81256 |
| sold to a construction contractor for incorporation into real | 81257 |
| property outside this state if such materials and services, when | 81258 |
| sold to a construction contractor in the state in which the real | 81259 |
| property is located for incorporation into real property in that | 81260 |
| state, would be exempt from a tax on sales levied by that state; | 81261 |
| (14) Sales of ships or vessels or rail rolling stock used or | 81262 |
| to be used principally in interstate or foreign commerce, and | 81263 |
| repairs, alterations, fuel, and lubricants for such ships or | 81264 |
| vessels or rail rolling stock; | 81265 |
| (15) Sales to persons primarily engaged in any of the | 81266 |
| activities mentioned in division (B)(42)(a) or (g) of this | 81267 |
| section, to persons engaged in making retail sales, or to persons | 81268 |
| who purchase for sale from a manufacturer tangible personal | 81269 |
| property that was produced by the manufacturer in accordance with | 81270 |
| specific designs provided by the purchaser, of packages, including | 81271 |
| material, labels, and parts for packages, and of machinery, | 81272 |
| equipment, and material for use primarily in packaging tangible | 81273 |
| personal property produced for sale, including any machinery, | 81274 |
| equipment, and supplies used to make labels or packages, to | 81275 |
| prepare packages or products for labeling, or to label packages or | 81276 |
| products, by or on the order of the person doing the packaging, or | 81277 |
| sold at retail. "Packages" includes bags, baskets, cartons, | 81278 |
| crates, boxes, cans, bottles, bindings, wrappings, and other | 81279 |
| similar devices and containers, but does not include motor | 81280 |
| vehicles or bulk tanks, trailers, or similar devices attached to | 81281 |
| motor vehicles. "Packaging" means placing in a package. Division | 81282 |
| (B)(15) of this section does not apply to persons engaged in | 81283 |
| highway transportation for hire. | 81284 |
| (16) Sales of food to persons using | 81285 |
| nutrition assistance program benefits to purchase the food. As | 81286 |
|
used in this division,
"food" has the same
meaning as in | 81287 |
| 81288 | |
| 81289 | |
| Food and Nutrition Act of 2008. | 81290 |
| (17) Sales to persons engaged in farming, agriculture, | 81291 |
| horticulture, or floriculture, of tangible personal property for | 81292 |
| use or consumption directly in the production by farming, | 81293 |
| agriculture, horticulture, or floriculture of other tangible | 81294 |
| personal property for use or consumption directly in the | 81295 |
| production of tangible personal property for sale by farming, | 81296 |
| agriculture, horticulture, or floriculture; or material and parts | 81297 |
| for incorporation into any such tangible personal property for use | 81298 |
| or consumption in production; and of tangible personal property | 81299 |
| for such use or consumption in the conditioning or holding of | 81300 |
| products produced by and for such use, consumption, or sale by | 81301 |
| persons engaged in farming, agriculture, horticulture, or | 81302 |
| floriculture, except where such property is incorporated into real | 81303 |
| property; | 81304 |
| (18) Sales of drugs for a human being that may be dispensed | 81305 |
| only pursuant to a prescription; insulin as recognized in the | 81306 |
| official United States pharmacopoeia; urine and blood testing | 81307 |
| materials when used by diabetics or persons with hypoglycemia to | 81308 |
| test for glucose or acetone; hypodermic syringes and needles when | 81309 |
| used by diabetics for insulin injections; epoetin alfa when | 81310 |
| purchased for use in the treatment of persons with medical | 81311 |
| disease; hospital beds when purchased by hospitals, nursing homes, | 81312 |
| or other medical facilities; and medical oxygen and medical | 81313 |
| oxygen-dispensing equipment when purchased by hospitals, nursing | 81314 |
| homes, or other medical facilities; | 81315 |
| (19) Sales of prosthetic devices, durable medical equipment | 81316 |
| for home use, or mobility enhancing equipment, when made pursuant | 81317 |
| to a prescription and when such devices or equipment are for use | 81318 |
| by a human being. | 81319 |
| (20) Sales of emergency and fire protection vehicles and | 81320 |
| equipment to nonprofit organizations for use solely in providing | 81321 |
| fire protection and emergency services, including trauma care and | 81322 |
| emergency medical services, for political subdivisions of the | 81323 |
| state; | 81324 |
| (21) Sales of tangible personal property manufactured in this | 81325 |
| state, if sold by the manufacturer in this state to a retailer for | 81326 |
| use in the retail business of the retailer outside of this state | 81327 |
| and if possession is taken from the manufacturer by the purchaser | 81328 |
| within this state for the sole purpose of immediately removing the | 81329 |
| same from this state in a vehicle owned by the purchaser; | 81330 |
| (22) Sales of services provided by the state or any of its | 81331 |
| political subdivisions, agencies, instrumentalities, institutions, | 81332 |
| or authorities, or by governmental entities of the state or any of | 81333 |
| its political subdivisions, agencies, instrumentalities, | 81334 |
| institutions, or authorities; | 81335 |
| (23) Sales of motor vehicles to nonresidents of this state | 81336 |
| under the circumstances described in division (B) of section | 81337 |
| 5739.029 of the Revised Code; | 81338 |
| (24) Sales to persons engaged in the preparation of eggs for | 81339 |
| sale of tangible personal property used or consumed directly in | 81340 |
| such preparation, including such tangible personal property used | 81341 |
| for cleaning, sanitizing, preserving, grading, sorting, and | 81342 |
| classifying by size; packages, including material and parts for | 81343 |
| packages, and machinery, equipment, and material for use in | 81344 |
| packaging eggs for sale; and handling and transportation equipment | 81345 |
| and parts therefor, except motor vehicles licensed to operate on | 81346 |
| public highways, used in intraplant or interplant transfers or | 81347 |
| shipment of eggs in the process of preparation for sale, when the | 81348 |
| plant or plants within or between which such transfers or | 81349 |
| shipments occur are operated by the same person. "Packages" | 81350 |
| includes containers, cases, baskets, flats, fillers, filler flats, | 81351 |
| cartons, closure materials, labels, and labeling materials, and | 81352 |
| "packaging" means placing therein. | 81353 |
| (25)(a) Sales of water to a consumer for residential use, | 81354 |
| except the sale of bottled water, distilled water, mineral water, | 81355 |
| carbonated water, or ice; | 81356 |
| (b) Sales of water by a nonprofit corporation engaged | 81357 |
| exclusively in the treatment, distribution, and sale of water to | 81358 |
| consumers, if such water is delivered to consumers through pipes | 81359 |
| or tubing. | 81360 |
| (26) Fees charged for inspection or reinspection of motor | 81361 |
| vehicles under section 3704.14 of the Revised Code; | 81362 |
| (27) Sales to persons licensed to conduct a food service | 81363 |
| operation pursuant to section 3717.43 of the Revised Code, of | 81364 |
| tangible personal property primarily used directly for the | 81365 |
| following: | 81366 |
| (a) To prepare food for human consumption for sale; | 81367 |
| (b) To preserve food that has been or will be prepared for | 81368 |
| human consumption for sale by the food service operator, not | 81369 |
| including tangible personal property used to display food for | 81370 |
| selection by the consumer; | 81371 |
| (c) To clean tangible personal property used to prepare or | 81372 |
| serve food for human consumption for sale. | 81373 |
| (28) Sales of animals by nonprofit animal adoption services | 81374 |
| or county humane societies; | 81375 |
| (29) Sales of services to a corporation described in division | 81376 |
| (A) of section 5709.72 of the Revised Code, and sales of tangible | 81377 |
| personal property that qualifies for exemption from taxation under | 81378 |
| section 5709.72 of the Revised Code; | 81379 |
| (30) Sales and installation of agricultural land tile, as | 81380 |
| defined in division (B)(5)(a) of section 5739.01 of the Revised | 81381 |
| Code; | 81382 |
| (31) Sales and erection or installation of portable grain | 81383 |
| bins, as defined in division (B)(5)(b) of section 5739.01 of the | 81384 |
| Revised Code; | 81385 |
| (32) The sale, lease, repair, and maintenance of, parts for, | 81386 |
| or items attached to or incorporated in, motor vehicles that are | 81387 |
| primarily used for transporting tangible personal property | 81388 |
| belonging to others by a person engaged in highway transportation | 81389 |
| for hire, except for packages and packaging used for the | 81390 |
| transportation of tangible personal property; | 81391 |
| (33) Sales to the state headquarters of any veterans' | 81392 |
| organization in this state that is either incorporated and issued | 81393 |
| a charter by the congress of the United States or is recognized by | 81394 |
| the United States veterans administration, for use by the | 81395 |
| headquarters; | 81396 |
| (34) Sales to a telecommunications service vendor, mobile | 81397 |
| telecommunications service vendor, or satellite broadcasting | 81398 |
| service vendor of tangible personal property and services used | 81399 |
| directly and primarily in transmitting, receiving, switching, or | 81400 |
| recording any interactive, one- or two-way electromagnetic | 81401 |
| communications, including voice, image, data, and information, | 81402 |
| through the use of any medium, including, but not limited to, | 81403 |
| poles, wires, cables, switching equipment, computers, and record | 81404 |
| storage devices and media, and component parts for the tangible | 81405 |
| personal property. The exemption provided in this division shall | 81406 |
| be in lieu of all other exemptions under division (B)(42)(a) of | 81407 |
| this section to which the vendor may otherwise be entitled, based | 81408 |
| upon the use of the thing purchased in providing the | 81409 |
| telecommunications, mobile telecommunications, or satellite | 81410 |
| broadcasting service. | 81411 |
| (35)(a) Sales where the purpose of the consumer is to use or | 81412 |
| consume the things transferred in making retail sales and | 81413 |
| consisting of newspaper inserts, catalogues, coupons, flyers, gift | 81414 |
| certificates, or other advertising material that prices and | 81415 |
| describes tangible personal property offered for retail sale. | 81416 |
| (b) Sales to direct marketing vendors of preliminary | 81417 |
| materials such as photographs, artwork, and typesetting that will | 81418 |
| be used in printing advertising material; of printed matter that | 81419 |
| offers free merchandise or chances to win sweepstake prizes and | 81420 |
| that is mailed to potential customers with advertising material | 81421 |
| described in division (B)(35)(a) of this section; and of equipment | 81422 |
| such as telephones, computers, facsimile machines, and similar | 81423 |
| tangible personal property primarily used to accept orders for | 81424 |
| direct marketing retail sales. | 81425 |
| (c) Sales of automatic food vending machines that preserve | 81426 |
| food with a shelf life of forty-five days or less by refrigeration | 81427 |
| and dispense it to the consumer. | 81428 |
| For purposes of division (B)(35) of this section, "direct | 81429 |
| marketing" means the method of selling where consumers order | 81430 |
| tangible personal property by United States mail, delivery | 81431 |
| service, or telecommunication and the vendor delivers or ships the | 81432 |
| tangible personal property sold to the consumer from a warehouse, | 81433 |
| catalogue distribution center, or similar fulfillment facility by | 81434 |
| means of the United States mail, delivery service, or common | 81435 |
| carrier. | 81436 |
| (36) Sales to a person engaged in the business of | 81437 |
| horticulture or producing livestock of materials to be | 81438 |
| incorporated into a horticulture structure or livestock structure; | 81439 |
| (37) Sales of personal computers, computer monitors, computer | 81440 |
| keyboards, modems, and other peripheral computer equipment to an | 81441 |
| individual who is licensed or certified to teach in an elementary | 81442 |
| or a secondary school in this state for use by that individual in | 81443 |
| preparation for teaching elementary or secondary school students; | 81444 |
| (38) Sales to a professional racing team of any of the | 81445 |
| following: | 81446 |
| (a) Motor racing vehicles; | 81447 |
| (b) Repair services for motor racing vehicles; | 81448 |
| (c) Items of property that are attached to or incorporated in | 81449 |
| motor racing vehicles, including engines, chassis, and all other | 81450 |
| components of the vehicles, and all spare, replacement, and | 81451 |
| rebuilt parts or components of the vehicles; except not including | 81452 |
| tires, consumable fluids, paint, and accessories consisting of | 81453 |
| instrumentation sensors and related items added to the vehicle to | 81454 |
| collect and transmit data by means of telemetry and other forms of | 81455 |
| communication. | 81456 |
| (39) Sales of used manufactured homes and used mobile homes, | 81457 |
| as defined in section 5739.0210 of the Revised Code, made on or | 81458 |
| after January 1, 2000; | 81459 |
| (40) Sales of tangible personal property and services to a | 81460 |
| provider of electricity used or consumed directly and primarily in | 81461 |
| generating, transmitting, or distributing electricity for use by | 81462 |
| others, including property that is or is to be incorporated into | 81463 |
| and will become a part of the consumer's production, transmission, | 81464 |
| or distribution system and that retains its classification as | 81465 |
| tangible personal property after incorporation; fuel or power used | 81466 |
| in the production, transmission, or distribution of electricity; | 81467 |
| and tangible personal property and services used in the repair and | 81468 |
| maintenance of the production, transmission, or distribution | 81469 |
| system, including only those motor vehicles as are specially | 81470 |
| designed and equipped for such use. The exemption provided in this | 81471 |
| division shall be in lieu of all other exemptions in division | 81472 |
| (B)(42)(a) of this section to which a provider of electricity may | 81473 |
| otherwise be entitled based on the use of the tangible personal | 81474 |
| property or service purchased in generating, transmitting, or | 81475 |
| distributing electricity. | 81476 |
| (41) Sales to a person providing services under division | 81477 |
| (B)(3)(r) of section 5739.01 of the Revised Code of tangible | 81478 |
| personal property and services used directly and primarily in | 81479 |
| providing taxable services under that section. | 81480 |
| (42) Sales where the purpose of the purchaser is to do any of | 81481 |
| the following: | 81482 |
| (a) To incorporate the thing transferred as a material or a | 81483 |
| part into tangible personal property to be produced for sale by | 81484 |
| manufacturing, assembling, processing, or refining; or to use or | 81485 |
| consume the thing transferred directly in producing tangible | 81486 |
| personal property for sale by mining, including, without | 81487 |
| limitation, the extraction from the earth of all substances that | 81488 |
| are classed geologically as minerals, production of crude oil and | 81489 |
| natural gas, farming, agriculture, horticulture, or floriculture, | 81490 |
| or directly in the rendition of a public utility service, except | 81491 |
| that the sales tax levied by this section shall be collected upon | 81492 |
| all meals, drinks, and food for human consumption sold when | 81493 |
| transporting persons. Persons engaged in rendering farming, | 81494 |
| agricultural, horticultural, or floricultural services, and | 81495 |
| services in the exploration for, and production of, crude oil and | 81496 |
| natural gas, for others are deemed engaged directly in farming, | 81497 |
| agriculture, horticulture, and floriculture, or exploration for, | 81498 |
| and production of, crude oil and natural gas. This paragraph does | 81499 |
| not exempt from "retail sale" or "sales at retail" the sale of | 81500 |
| tangible personal property that is to be incorporated into a | 81501 |
| structure or improvement to real property. | 81502 |
| (b) To hold the thing transferred as security for the | 81503 |
| performance of an obligation of the vendor; | 81504 |
| (c) To resell, hold, use, or consume the thing transferred as | 81505 |
| evidence of a contract of insurance; | 81506 |
| (d) To use or consume the thing directly in commercial | 81507 |
| fishing; | 81508 |
| (e) To incorporate the thing transferred as a material or a | 81509 |
| part into, or to use or consume the thing transferred directly in | 81510 |
| the production of, magazines distributed as controlled circulation | 81511 |
| publications; | 81512 |
| (f) To use or consume the thing transferred in the production | 81513 |
| and preparation in suitable condition for market and sale of | 81514 |
| printed, imprinted, overprinted, lithographic, multilithic, | 81515 |
| blueprinted, photostatic, or other productions or reproductions of | 81516 |
| written or graphic matter; | 81517 |
| (g) To use the thing transferred, as described in section | 81518 |
| 5739.011 of the Revised Code, primarily in a manufacturing | 81519 |
| operation to produce tangible personal property for sale; | 81520 |
| (h) To use the benefit of a warranty, maintenance or service | 81521 |
| contract, or similar agreement, as described in division (B)(7) of | 81522 |
| section 5739.01 of the Revised Code, to repair or maintain | 81523 |
| tangible personal property, if all of the property that is the | 81524 |
| subject of the warranty, contract, or agreement would not be | 81525 |
| subject to the tax imposed by this section; | 81526 |
| (i) To use the thing transferred as qualified research and | 81527 |
| development equipment; | 81528 |
| (j) To use or consume the thing transferred primarily in | 81529 |
| storing, transporting, mailing, or otherwise handling purchased | 81530 |
| sales inventory in a warehouse, distribution center, or similar | 81531 |
| facility when the inventory is primarily distributed outside this | 81532 |
| state to retail stores of the person who owns or controls the | 81533 |
| warehouse, distribution center, or similar facility, to retail | 81534 |
| stores of an affiliated group of which that person is a member, or | 81535 |
| by means of direct marketing. This division does not apply to | 81536 |
| motor vehicles registered for operation on the public highways. As | 81537 |
| used in this division, "affiliated group" has the same meaning as | 81538 |
| in division (B)(3)(e) of section 5739.01 of the Revised Code and | 81539 |
| "direct marketing" has the same meaning as in division (B)(35) of | 81540 |
| this section. | 81541 |
| (k) To use or consume the thing transferred to fulfill a | 81542 |
| contractual obligation incurred by a warrantor pursuant to a | 81543 |
| warranty provided as a part of the price of the tangible personal | 81544 |
| property sold or by a vendor of a warranty, maintenance or service | 81545 |
| contract, or similar agreement the provision of which is defined | 81546 |
| as a sale under division (B)(7) of section 5739.01 of the Revised | 81547 |
| Code; | 81548 |
| (l) To use or consume the thing transferred in the production | 81549 |
| of a newspaper for distribution to the public; | 81550 |
| (m) To use tangible personal property to perform a service | 81551 |
| listed in division (B)(3) of section 5739.01 of the Revised Code, | 81552 |
| if the property is or is to be permanently transferred to the | 81553 |
| consumer of the service as an integral part of the performance of | 81554 |
| the service; | 81555 |
| (n) To use or consume the thing transferred in acquiring, | 81556 |
| formatting, editing, storing, and disseminating data or | 81557 |
| information by electronic publishing. | 81558 |
| As used in division (B)(42) of this section, "thing" includes | 81559 |
| all transactions included in divisions (B)(3)(a), (b), and (e) of | 81560 |
| section 5739.01 of the Revised Code. | 81561 |
| (43) Sales conducted through a coin operated device that | 81562 |
| activates vacuum equipment or equipment that dispenses water, | 81563 |
| whether or not in combination with soap or other cleaning agents | 81564 |
| or wax, to the consumer for the consumer's use on the premises in | 81565 |
| washing, cleaning, or waxing a motor vehicle, provided no other | 81566 |
| personal property or personal service is provided as part of the | 81567 |
| transaction. | 81568 |
| (44) Sales of replacement and modification parts for engines, | 81569 |
| airframes, instruments, and interiors in, and paint for, aircraft | 81570 |
| used primarily in a fractional aircraft ownership program, and | 81571 |
| sales of services for the repair, modification, and maintenance of | 81572 |
| such aircraft, and machinery, equipment, and supplies primarily | 81573 |
| used to provide those services. | 81574 |
| (45) Sales of telecommunications service that is used | 81575 |
| directly and primarily to perform the functions of a call center. | 81576 |
| As used in this division, "call center" means any physical | 81577 |
| location where telephone calls are placed or received in high | 81578 |
| volume for the purpose of making sales, marketing, customer | 81579 |
| service, technical support, or other specialized business | 81580 |
| activity, and that employs at least fifty individuals that engage | 81581 |
| in call center activities on a full-time basis, or sufficient | 81582 |
| individuals to fill fifty full-time equivalent positions. | 81583 |
| (46) Sales by a telecommunications service vendor of 900 | 81584 |
| service to a subscriber. This division does not apply to | 81585 |
| information services, as defined in division (FF) of section | 81586 |
| 5739.01 of the Revised Code. | 81587 |
| (47) Sales of value-added non-voice data service. This | 81588 |
| division does not apply to any similar service that is not | 81589 |
| otherwise a telecommunications service. | 81590 |
| (48)(a) Sales of machinery, equipment, and software to a | 81591 |
| qualified direct selling entity for use in a warehouse or | 81592 |
| distribution center primarily for storing, transporting, or | 81593 |
| otherwise handling inventory that is held for sale to independent | 81594 |
| salespersons who operate as direct sellers and that is held | 81595 |
| primarily for distribution outside this state; | 81596 |
| (b) As used in division (B)(48)(a) of this section: | 81597 |
| (i) "Direct seller" means a person selling consumer products | 81598 |
| to individuals for personal or household use and not from a fixed | 81599 |
| retail location, including selling such product at in-home product | 81600 |
| demonstrations, parties, and other one-on-one selling. | 81601 |
| (ii) "Qualified direct selling entity" means an entity | 81602 |
| selling to direct sellers at the time the entity enters into a tax | 81603 |
| credit agreement with the tax credit authority pursuant to section | 81604 |
| 122.17 of the Revised Code, provided that the agreement was | 81605 |
| entered into on or after January 1, 2007. Neither contingencies | 81606 |
| relevant to the granting of, nor later developments with respect | 81607 |
| to, the tax credit shall impair the status of the qualified direct | 81608 |
| selling entity under division (B)(48) of this section after | 81609 |
| execution of the tax credit agreement by the tax credit authority. | 81610 |
| (c) Division (B)(48) of this section is limited to machinery, | 81611 |
| equipment, and software first stored, used, or consumed in this | 81612 |
| state within the period commencing June 24, 2008, and ending on | 81613 |
| the date that is five years after that date. | 81614 |
| (49) Sales of materials, parts, equipment, or engines used | 81615 |
| in the repair or maintenance of aircraft or avionics systems of | 81616 |
| such aircraft, and sales of repair, remodeling, replacement, or | 81617 |
| maintenance services in this state performed on aircraft or on | 81618 |
| an aircraft's avionics, engine, or component materials or parts. | 81619 |
| As used in division (B)(49) of this section, "aircraft" means | 81620 |
| aircraft of more than six thousand pounds maximum certified | 81621 |
| takeoff weight or used exclusively in general aviation. | 81622 |
| (50) Sales of full flight simulators that are used for pilot | 81623 |
| or flight-crew training, sales of repair or replacement parts or | 81624 |
| components, and sales of repair or maintenance services for such | 81625 |
| full flight simulators. "Full flight simulator" means a replica | 81626 |
| of a specific type, or make, model, and series of aircraft | 81627 |
| cockpit. It includes the assemblage of equipment and computer | 81628 |
| programs necessary to represent aircraft operations in ground and | 81629 |
| flight conditions, a visual system providing an | 81630 |
| out-of-the-cockpit view, and a system that provides cues at | 81631 |
| least equivalent to those of a three-degree-of-freedom motion | 81632 |
| system, and has the full range of capabilities of the systems | 81633 |
| installed in the device as described in appendices A and B of | 81634 |
| part 60 of chapter 1 of title 14 of the Code of Federal | 81635 |
| Regulations. | 81636 |
| (C) For the purpose of the proper administration of this | 81637 |
| chapter, and to prevent the evasion of the tax, it is presumed | 81638 |
| that all sales made in this state are subject to the tax until the | 81639 |
| contrary is established. | 81640 |
| (D) The levy of this tax on retail sales of recreation and | 81641 |
| sports club service shall not prevent a municipal corporation | 81642 |
| from levying any tax on recreation and sports club dues or on any | 81643 |
| income generated by recreation and sports club dues. | 81644 |
| (E) The tax collected by the vendor from the consumer under | 81645 |
| this chapter is not part of the price, but is a tax collection for | 81646 |
| the benefit of the state, and of counties levying an additional | 81647 |
| sales tax pursuant to section 5739.021 or 5739.026 of the Revised | 81648 |
| Code and of transit authorities levying an additional sales tax | 81649 |
| pursuant to section 5739.023 of the Revised Code. Except for the | 81650 |
| discount authorized under section 5739.12 of the Revised Code and | 81651 |
| the effects of any rounding pursuant to section 5703.055 of the | 81652 |
| Revised Code, no person other than the state or such a county or | 81653 |
| transit authority shall derive any benefit from the collection or | 81654 |
| payment of the tax levied by this section or section 5739.021, | 81655 |
| 5739.023, or 5739.026 of the Revised Code. | 81656 |
| Sec. 5739.03. (A) Except as provided in section 5739.05 or | 81657 |
| section 5739.051 of the Revised Code, the tax imposed by or | 81658 |
| pursuant to section 5739.02, 5739.021, 5739.023, or 5739.026 of | 81659 |
| the Revised Code shall be paid by the consumer to the vendor, and | 81660 |
| each vendor shall collect from the consumer, as a trustee for the | 81661 |
| state of Ohio, the full and exact amount of the tax payable on | 81662 |
| each taxable sale, in the manner and at the times provided as | 81663 |
| follows: | 81664 |
| (1) If the price is, at or prior to the provision of the | 81665 |
| service or the delivery of possession of the thing sold to the | 81666 |
| consumer, paid in currency passed from hand to hand by the | 81667 |
| consumer or the consumer's agent to the vendor or the vendor's | 81668 |
| agent, the vendor or the vendor's agent shall collect the tax with | 81669 |
| and at the same time as the price; | 81670 |
| (2) If the price is otherwise paid or to be paid, the vendor | 81671 |
| or the vendor's agent shall, at or prior to the provision of the | 81672 |
| service or the delivery of possession of the thing sold to the | 81673 |
| consumer, charge the tax imposed by or pursuant to section | 81674 |
| 5739.02, 5739.021, 5739.023, or 5739.026 of the Revised Code to | 81675 |
| the account of the consumer, which amount shall be collected by | 81676 |
| the vendor from the consumer in addition to the price. Such sale | 81677 |
| shall be reported on and the amount of the tax applicable thereto | 81678 |
| shall be remitted with the return for the period in which the sale | 81679 |
| is made, and the amount of the tax shall become a legal charge in | 81680 |
| favor of the vendor and against the consumer. | 81681 |
| (B)(1)(a) If any sale is claimed to be exempt under division | 81682 |
| (E) of section 5739.01 of the Revised Code or under section | 81683 |
| 5739.02 of the Revised Code, with the exception of divisions | 81684 |
| (B)(1) to (11) or (28) of section 5739.02 of the Revised Code, the | 81685 |
| consumer must provide to the vendor, and the vendor must obtain | 81686 |
| from the consumer, a certificate specifying the reason that the | 81687 |
| sale is not legally subject to the tax. The certificate shall be | 81688 |
| in such form, and shall be provided either in a hard copy form or | 81689 |
| electronic form, as the tax commissioner prescribes. | 81690 |
| (b) A vendor that obtains a fully completed exemption | 81691 |
| certificate from a consumer is relieved of liability for | 81692 |
| collecting and remitting tax on any sale covered by that | 81693 |
| certificate. If it is determined the exemption was improperly | 81694 |
| claimed, the consumer shall be liable for any tax due on that sale | 81695 |
| under section 5739.02, 5739.021, 5739.023, or 5739.026 or Chapter | 81696 |
| 5741. of the Revised Code. Relief under this division from | 81697 |
| liability does not apply to any of the following: | 81698 |
| (i) A vendor that fraudulently fails to collect tax; | 81699 |
| (ii) A vendor that solicits consumers to participate in the | 81700 |
| unlawful claim of an exemption; | 81701 |
| (iii) A vendor that accepts an exemption certificate from a | 81702 |
| consumer that claims an exemption based on who purchases or who | 81703 |
| sells property or a service, when the subject of the transaction | 81704 |
| sought to be covered by the exemption certificate is actually | 81705 |
| received by the consumer at a location operated by the vendor in | 81706 |
| this state, and this state has posted to its web site an exemption | 81707 |
| certificate form that clearly and affirmatively indicates that the | 81708 |
| claimed exemption is not available in this state; | 81709 |
| (iv) A vendor that accepts an exemption certificate from a | 81710 |
| consumer who claims a multiple points of use exemption under | 81711 |
| division (D) of section 5739.033 of the Revised Code, if the item | 81712 |
| purchased is tangible personal property, other than prewritten | 81713 |
| computer software. | 81714 |
| (2) The vendor shall maintain records, including exemption | 81715 |
| certificates, of all sales on which a consumer has claimed an | 81716 |
| exemption, and provide them to the tax commissioner on request. | 81717 |
| (3) The tax commissioner may establish an identification | 81718 |
| system whereby the commissioner issues an identification number to | 81719 |
| a consumer that is exempt from payment of the tax. The consumer | 81720 |
| must present the number to the vendor, if any sale is claimed to | 81721 |
| be exempt as provided in this section. | 81722 |
| (4) If no certificate is provided or obtained within ninety | 81723 |
| days after the date on which such sale is consummated, it shall be | 81724 |
| presumed that the tax applies. Failure to have so provided or | 81725 |
| obtained a certificate shall not preclude a vendor, within one | 81726 |
| hundred twenty days after the tax commissioner gives written | 81727 |
| notice of intent to levy an assessment, from either establishing | 81728 |
| that the sale is not subject to the tax, or obtaining, in good | 81729 |
| faith, a fully completed exemption certificate. | 81730 |
| (5) Certificates need not be obtained nor provided where the | 81731 |
| identity of the consumer is such that the transaction is never | 81732 |
| subject to the tax imposed or where the item of tangible personal | 81733 |
| property sold or the service provided is never subject to the tax | 81734 |
| imposed, regardless of use, or when the sale is in interstate | 81735 |
| commerce. | 81736 |
| (6) If a transaction is claimed to be exempt under division | 81737 |
| (B)(13) of section 5739.02 of the Revised Code, the contractor | 81738 |
| shall obtain certification of the claimed exemption from the | 81739 |
| contractee. This certification shall be in addition to an | 81740 |
| exemption certificate provided by the contractor to the vendor. A | 81741 |
| contractee that provides a certification under this division shall | 81742 |
| be deemed to be the consumer of all items purchased by the | 81743 |
| contractor under the claim of exemption, if it is subsequently | 81744 |
| determined that the exemption is not properly claimed. The | 81745 |
| certification shall be in such form as the tax commissioner | 81746 |
| prescribes. | 81747 |
| (C) As used in this division, "contractee" means a person who | 81748 |
| seeks to enter or enters into a contract or agreement with a | 81749 |
| contractor or vendor for the construction of real property or for | 81750 |
| the sale and installation onto real property of tangible personal | 81751 |
| property. | 81752 |
| Any contractor or vendor may request from any contractee a | 81753 |
| certification of what portion of the property to be transferred | 81754 |
| under such contract or agreement is to be incorporated into the | 81755 |
| realty and what portion will retain its status as tangible | 81756 |
| personal property after installation is completed. The contractor | 81757 |
| or vendor shall request the certification by certified mail | 81758 |
| delivered to the contractee, return receipt requested. Upon | 81759 |
| receipt of such request and prior to entering into the contract or | 81760 |
| agreement, the contractee shall provide to the contractor or | 81761 |
| vendor a certification sufficiently detailed to enable the | 81762 |
| contractor or vendor to ascertain the resulting classification of | 81763 |
| all materials purchased or fabricated by the contractor or vendor | 81764 |
| and transferred to the contractee. This requirement applies to a | 81765 |
| contractee regardless of whether the contractee holds a direct | 81766 |
| payment permit under section 5739.031 of the Revised Code or | 81767 |
| provides to the contractor or vendor an exemption certificate as | 81768 |
| provided under this section. | 81769 |
| For the purposes of the taxes levied by this chapter and | 81770 |
| Chapter 5741. of the Revised Code, the contractor or vendor may in | 81771 |
| good faith rely on the contractee's certification. Notwithstanding | 81772 |
| division (B) of section 5739.01 of the Revised Code, if the tax | 81773 |
| commissioner determines that certain property certified by the | 81774 |
| contractee as tangible personal property pursuant to this division | 81775 |
| is, in fact, real property, the contractee shall be considered to | 81776 |
| be the consumer of all materials so incorporated into that real | 81777 |
| property and shall be liable for the applicable tax, and the | 81778 |
| contractor or vendor shall be excused from any liability on those | 81779 |
| materials. | 81780 |
| If a contractee fails to provide such certification upon the | 81781 |
| request of the contractor or vendor, the contractor or vendor | 81782 |
| shall comply with the provisions of this chapter and Chapter 5741. | 81783 |
| of the Revised Code without the certification. If the tax | 81784 |
| commissioner determines that such compliance has been performed in | 81785 |
| good faith and that certain property treated as tangible personal | 81786 |
| property by the contractor or vendor is, in fact, real property, | 81787 |
| the contractee shall be considered to be the consumer of all | 81788 |
| materials so incorporated into that real property and shall be | 81789 |
| liable for the applicable tax, and the construction contractor or | 81790 |
| vendor shall be excused from any liability on those materials. | 81791 |
| This division does not apply to any contract or agreement | 81792 |
| where the tax commissioner determines as a fact that a | 81793 |
| certification under this division was made solely on the decision | 81794 |
| or advice of the contractor or vendor. | 81795 |
| (D) Notwithstanding division (B) of section 5739.01 of the | 81796 |
| Revised Code, whenever the total rate of tax imposed under this | 81797 |
| chapter is increased after the date after a construction contract | 81798 |
| is entered into, the contractee shall reimburse the construction | 81799 |
| contractor for any additional tax paid on tangible property | 81800 |
| consumed or services received pursuant to the contract. | 81801 |
| (E) A vendor who files a petition for reassessment contesting | 81802 |
| the assessment of tax on sales for which the vendor obtained no | 81803 |
| valid exemption certificates and for which the vendor failed to | 81804 |
| establish that the sales were properly not subject to the tax | 81805 |
| during the one-hundred-twenty-day period allowed under division | 81806 |
| (B) of this section, may present to the tax commissioner | 81807 |
| additional evidence to prove that the sales were properly subject | 81808 |
| to a claim of exception or exemption. The vendor shall file such | 81809 |
| evidence within ninety days of the receipt by the vendor of the | 81810 |
| notice of assessment, except that, upon application and for | 81811 |
| reasonable cause, the period for submitting such evidence shall be | 81812 |
| extended thirty days. | 81813 |
| The commissioner shall consider such additional evidence in | 81814 |
| reaching the final determination on the assessment and petition | 81815 |
| for reassessment. | 81816 |
| (F) Whenever a vendor refunds the price, minus any | 81817 |
| separately stated delivery charge, of an item of tangible | 81818 |
| personal property on which the tax imposed under this chapter has | 81819 |
| been paid, the vendor shall also refund the amount of tax paid, | 81820 |
| minus the amount of tax attributable to the delivery charge. | 81821 |
| Sec. 5739.033. (A) Except as provided in division (B) of | 81822 |
| this section, divisions (C) to (I) of this section apply to sales | 81823 |
| made on and after January 1, 2008. Any vendor previously required | 81824 |
| to comply with divisions (C) to (I) of this section and any | 81825 |
| vendor that irrevocably elects to comply with divisions (C) to | 81826 |
| (I) of this section for all of the vendor's sales and places of | 81827 |
| business in this state shall continue to source its sales under | 81828 |
| those divisions. | 81829 |
| The amount of tax due pursuant to sections 5739.02, 5739.021, | 81830 |
| 5739.023, and 5739.026 of the Revised Code is the sum of the taxes | 81831 |
| imposed pursuant to those sections at the sourcing location of the | 81832 |
| sale as determined under this section or, if applicable, under | 81833 |
| division (C) of section 5739.031 or section 5739.034 of the | 81834 |
| Revised Code, or at the situs of the sale as determined under | 81835 |
| section 5739.035 of the Revised Code. This section applies only to | 81836 |
| a vendor's or seller's obligation to collect and remit sales taxes | 81837 |
| under section 5739.02, 5739.021, 5739.023, or 5739.026 of the | 81838 |
| Revised Code or use taxes under section 5741.02, 5741.021, | 81839 |
| 5741.022, or 5741.023 of the Revised Code. Division (A) of this | 81840 |
| section does not apply in determining the jurisdiction for which | 81841 |
| sellers are required to collect the use tax under section 5741.05 | 81842 |
| of the Revised Code. This section does not affect the obligation | 81843 |
| of a consumer to remit use taxes on the storage, use, or other | 81844 |
| consumption of tangible personal property or on the benefit | 81845 |
| realized of any service provided, to the jurisdiction of that | 81846 |
| storage, use, or consumption, or benefit realized. | 81847 |
| (B)(1) As used in this division: | 81848 |
| (a) "Delivery sale" means the taxable sale of tangible | 81849 |
| personal property or a service that is received by a consumer, or | 81850 |
| a donee designated by the consumer, in a taxing jurisdiction that | 81851 |
| is not the taxing jurisdiction in which the vendor has a fixed | 81852 |
| place of business. | 81853 |
| (b) "Agreement" has the same meaning as in section 5740.01 of | 81854 |
| the Revised Code. | 81855 |
| (c) "Governing board" has the same meaning as in section | 81856 |
| 5740.02 of the Revised Code. | 81857 |
| (2) If the tax commissioner does not make the certification | 81858 |
| under section 5740.10 of the Revised Code, a vendor that is not | 81859 |
| required by division (A) of this section to situs sales under | 81860 |
| divisions (C) to (I) of this section on the date of the | 81861 |
| commissioner's certification may continue after that date to | 81862 |
| situs its sales under section 5739.035 of the Revised Code unless | 81863 |
| it is required, under division (B)(5) of this section, to situs | 81864 |
| its sales under divisions (C) to (I) of this section. | 81865 |
| (3) Except as otherwise provided in divisions (B)(4) and (5) | 81866 |
| of this section, a vendor with total delivery sales within this | 81867 |
| state in prior calendar years, beginning with calendar year 2007, | 81868 |
| of less than five hundred thousand dollars may situs its sales | 81869 |
| under section 5739.035 of the Revised Code. | 81870 |
| (4) Once a vendor has total delivery sales in this state of | 81871 |
| five hundred thousand dollars or more for a prior calendar year, | 81872 |
| the vendor shall source its sales under divisions (C) to (I) of | 81873 |
| this section and shall continue to source its sales under those | 81874 |
| divisions regardless of the amount of the vendor's total delivery | 81875 |
| sales in future years. | 81876 |
| (5) A vendor permitted under division (B)(3) of this section | 81877 |
| to situs its sales under section 5739.035 of the Revised Code that | 81878 |
| fails to provide, absent a clerical error, the notices required | 81879 |
| under division (I)(1) of section 5739.035 of the Revised Code | 81880 |
| shall situs all subsequent sales as required under divisions (C) | 81881 |
| to (I) of this section. | 81882 |
| (C) Except for sales, other than leases, of titled motor | 81883 |
| vehicles, titled watercraft, or titled outboard motors as provided | 81884 |
| in section 5741.05 of the Revised Code, or as otherwise provided | 81885 |
| in this section and section 5739.034 of the Revised Code, all | 81886 |
| sales shall be sourced as follows: | 81887 |
| (1) If the consumer or a donee designated by the consumer | 81888 |
| receives tangible personal property or a service at a vendor's | 81889 |
| place of business, the sale shall be sourced to that place of | 81890 |
| business. | 81891 |
| (2) When the tangible personal property or service is not | 81892 |
| received at a vendor's place of business, the sale shall be | 81893 |
| sourced to the location known to the vendor where the consumer or | 81894 |
| the donee designated by the consumer receives the tangible | 81895 |
| personal property or service, including the location indicated by | 81896 |
| instructions for delivery to the consumer or the consumer's donee. | 81897 |
| (3) If divisions (C)(1) and (2) of this section do not apply, | 81898 |
| the sale shall be sourced to the location indicated by an address | 81899 |
| for the consumer that is available from the vendor's business | 81900 |
| records that are maintained in the ordinary course of the | 81901 |
| vendor's business, when use of that address does not constitute | 81902 |
| bad faith. | 81903 |
| (4) If divisions (C)(1), (2), and (3) of this section do not | 81904 |
| apply, the sale shall be sourced to the location indicated by an | 81905 |
| address for the consumer obtained during the consummation of the | 81906 |
| sale, including the address associated with the consumer's payment | 81907 |
| instrument, if no other address is available, when use of that | 81908 |
| address does not constitute bad faith. | 81909 |
| (5) If divisions (C)(1), (2), (3), and (4) of this section do | 81910 |
| not apply, including in the circumstance where the vendor is | 81911 |
| without sufficient information to apply any of those divisions, | 81912 |
| the sale shall be sourced to the address from which tangible | 81913 |
| personal property was shipped, or from which the service was | 81914 |
| provided, disregarding any location that merely provided the | 81915 |
| electronic transfer of the property sold or service provided. | 81916 |
| (6) As used in division (C) of this section, "receive" means | 81917 |
| taking possession of tangible personal property or making first | 81918 |
| use of a service. "Receive" does not include possession by a | 81919 |
| shipping company on behalf of a consumer. | 81920 |
| (D)(1)(a) Notwithstanding divisions (C)(1) to (5) of this | 81921 |
| section, a business consumer that is not a holder of a direct | 81922 |
| payment permit granted under section 5739.031 of the Revised Code, | 81923 |
| that purchases a digital good, computer software, except computer | 81924 |
| software received in person by a business consumer at a vendor's | 81925 |
| place of business, or a service, and that knows at the time of | 81926 |
| purchase that such digital good, software, or service will be | 81927 |
| concurrently available for use in more than one taxing | 81928 |
| jurisdiction shall deliver to the vendor in conjunction with its | 81929 |
| purchase an exemption certificate claiming multiple points of use, | 81930 |
| or shall meet the requirements of division (D)(2) of this section. | 81931 |
| On receipt of the exemption certificate claiming multiple points | 81932 |
| of use, the vendor is relieved of its obligation to collect, pay, | 81933 |
| or remit the tax due, and the business consumer must pay the tax | 81934 |
| directly to the state. | 81935 |
| (b) A business consumer that delivers the exemption | 81936 |
| certificate claiming multiple points of use to a vendor may use | 81937 |
| any reasonable, consistent, and uniform method of apportioning the | 81938 |
| tax due on the digital good, computer software, or service that is | 81939 |
| supported by the consumer's business records as they existed at | 81940 |
| the time of the sale. The business consumer shall report and pay | 81941 |
| the appropriate tax to each jurisdiction where concurrent use | 81942 |
| occurs. The tax due shall be calculated as if the apportioned | 81943 |
| amount of the digital good, computer software, or service had been | 81944 |
| delivered to each jurisdiction to which the sale is apportioned | 81945 |
| under this division. | 81946 |
| (c) The exemption certificate claiming multiple points of use | 81947 |
| shall remain in effect for all future sales by the vendor to the | 81948 |
| business consumer until it is revoked in writing by the business | 81949 |
| consumer, except as to the business consumer's specific | 81950 |
| apportionment of a subsequent sale under division (D)(1)(b) of | 81951 |
| this section and the facts existing at the time of the sale. | 81952 |
| (2) When the vendor knows that a digital good, computer | 81953 |
| software, or service sold will be concurrently available for use | 81954 |
| by the business consumer in more than one jurisdiction, but the | 81955 |
| business consumer does not provide an exemption certificate | 81956 |
| claiming multiple points of use as required by division (D)(1) of | 81957 |
| this section, the vendor may work with the business consumer to | 81958 |
| produce the correct apportionment. Governed by the principles of | 81959 |
| division (D)(1)(b) of this section, the vendor and business | 81960 |
| consumer may use any reasonable, but consistent and uniform, | 81961 |
| method of apportionment that is supported by the vendor's and | 81962 |
| business consumer's books and records as they exist at the time | 81963 |
| the sale is reported for purposes of the taxes levied under this | 81964 |
| chapter. If the business consumer certifies to the accuracy of the | 81965 |
| apportionment and the vendor accepts the certification, the vendor | 81966 |
| shall collect and remit the tax accordingly. In the absence of bad | 81967 |
| faith, the vendor is relieved of any further obligation to collect | 81968 |
| tax on any transaction where the vendor has collected tax pursuant | 81969 |
| to the information certified by the business consumer. | 81970 |
| (3) When the vendor knows that the digital good, computer | 81971 |
| software, or service will be concurrently available for use in | 81972 |
| more than one jurisdiction, and the business consumer does not | 81973 |
| have a direct pay permit and does not provide to the vendor an | 81974 |
| exemption certificate claiming multiple points of use as required | 81975 |
| in division (D)(1) of this section, or certification pursuant to | 81976 |
| division (D)(2) of this section, the vendor shall collect and | 81977 |
| remit the tax based on division (C) of this section. | 81978 |
| (4) Nothing in this section shall limit a person's obligation | 81979 |
| for sales or use tax to any state in which a digital good, | 81980 |
| computer software, or service is concurrently available for use, | 81981 |
| nor limit a person's ability under local, state, or federal law, | 81982 |
| to claim a credit for sales or use taxes legally due and paid to | 81983 |
| other jurisdictions. | 81984 |
| (E) A person who holds a direct payment permit issued under | 81985 |
| section 5739.031 of the Revised Code is not required to deliver an | 81986 |
| exemption certificate claiming multiple points of use to a vendor. | 81987 |
| But such permit holder shall comply with division (D)(2) of this | 81988 |
| section in apportioning the tax due on a digital good, computer | 81989 |
| software, or a service for use in business that will be | 81990 |
| concurrently available for use in more than one taxing | 81991 |
| jurisdiction. | 81992 |
| (F)(1) Notwithstanding divisions (C)(1) to (5) of this | 81993 |
| section, the consumer of direct mail that is not a holder of a | 81994 |
| direct payment permit shall provide to the vendor in conjunction | 81995 |
| with the sale either an exemption certificate claiming direct mail | 81996 |
| prescribed by the tax commissioner, or information to show the | 81997 |
| jurisdictions to which the direct mail is delivered to recipients. | 81998 |
| (2) Upon receipt of such exemption certificate, the vendor is | 81999 |
| relieved of all obligations to collect, pay, or remit the | 82000 |
| applicable tax and the consumer is obligated to pay that tax on a | 82001 |
| direct pay basis. An exemption certificate claiming direct mail | 82002 |
| shall remain in effect for all future sales of direct mail by the | 82003 |
| vendor to the consumer until it is revoked in writing. | 82004 |
| (3) Upon receipt of information from the consumer showing the | 82005 |
| jurisdictions to which the direct mail is delivered to recipients, | 82006 |
| the vendor shall collect the tax according to the delivery | 82007 |
| information provided by the consumer. In the absence of bad faith, | 82008 |
| the vendor is relieved of any further obligation to collect tax on | 82009 |
| any transaction where the vendor has collected tax pursuant to the | 82010 |
| delivery information provided by the consumer. | 82011 |
| (4) If the consumer of direct mail does not have a direct | 82012 |
| payment permit and does not provide the vendor with either an | 82013 |
| exemption certificate claiming direct mail or delivery information | 82014 |
| as required by division (F)(1) of this section, the vendor shall | 82015 |
| collect the tax according to division (C)(5) of this section. | 82016 |
| Nothing in division (F)(4) of this section shall limit a | 82017 |
| consumer's obligation to pay sales or use tax to any state to | 82018 |
| which the direct mail is delivered. | 82019 |
| (5) If a consumer of direct mail provides the vendor with | 82020 |
| documentation of direct payment authority, the consumer shall not | 82021 |
| be required to provide an exemption certificate claiming direct | 82022 |
| mail or delivery information to the vendor. | 82023 |
| (G) If the vendor provides lodging to transient guests as | 82024 |
| specified in division (B)(2) of section 5739.01 of the Revised | 82025 |
| Code, the sale shall be sourced to the location where the lodging | 82026 |
| is located. | 82027 |
| (H)(1) As used in this division and division (I) of this | 82028 |
| section, "transportation equipment" means any of the following: | 82029 |
| (a) Locomotives and railcars that are utilized for the | 82030 |
| carriage of persons or property in interstate commerce. | 82031 |
| (b) Trucks and truck-tractors with a gross vehicle weight | 82032 |
| rating of greater than ten thousand pounds, trailers, | 82033 |
| semi-trailers, or passenger buses that are registered through the | 82034 |
| international registration plan and are operated under authority | 82035 |
| of a carrier authorized and certificated by the United States | 82036 |
| department of transportation or another federal authority to | 82037 |
| engage in the carriage of persons or property in interstate | 82038 |
| commerce. | 82039 |
| (c) Aircraft that are operated by air carriers authorized and | 82040 |
| certificated by the United States department of transportation or | 82041 |
| another federal authority to engage in the carriage of persons or | 82042 |
| property in interstate or foreign commerce. | 82043 |
| (d) Containers designed for use on and component parts | 82044 |
| attached to or secured on the items set forth in division | 82045 |
| (H)(1)(a), (b), or (c) of this section. | 82046 |
| (2) A sale, lease, or rental of transportation equipment | 82047 |
| shall be sourced pursuant to division (C) of this section. | 82048 |
| (I)(1) A lease or rental of tangible personal property that | 82049 |
| does not require recurring periodic payments shall be sourced | 82050 |
| pursuant to division (C) of this section. | 82051 |
| (2) A lease or rental of tangible personal property that | 82052 |
| requires recurring periodic payments shall be sourced as follows: | 82053 |
| (a) In the case of a motor vehicle, other than a motor | 82054 |
| vehicle that is transportation equipment, or an aircraft, other | 82055 |
| than an aircraft that is transportation equipment, such lease or | 82056 |
| rental shall be sourced as follows: | 82057 |
| (i) An accelerated tax payment on a lease or rental taxed | 82058 |
| pursuant to division (A)(2) of section 5739.02 of the Revised Code | 82059 |
| shall be sourced to the primary property location at the time the | 82060 |
| lease or rental is consummated. Any subsequent taxable charges on | 82061 |
| the lease or rental shall be sourced to the primary property | 82062 |
| location for the period in which the charges are incurred. | 82063 |
| (ii) For a lease or rental taxed pursuant to division (A)(3) | 82064 |
| of section 5739.02 of the Revised Code, each lease or rental | 82065 |
| installment shall be sourced to the primary property location for | 82066 |
| the period covered by the installment. | 82067 |
| (b) In the case of a lease or rental of all other tangible | 82068 |
| personal property, other than transportation equipment, such lease | 82069 |
| or rental shall be sourced as follows: | 82070 |
| (i) An accelerated tax payment on a lease or rental that is | 82071 |
| taxed pursuant to division (A)(2) of section 5739.02 of the | 82072 |
| Revised Code shall be sourced pursuant to division (C) of this | 82073 |
| section at the time the lease or rental is consummated. Any | 82074 |
| subsequent taxable charges on the lease or rental shall be sourced | 82075 |
| to the primary property location for the period in which the | 82076 |
| charges are incurred. | 82077 |
| (ii) For a lease or rental that is taxed pursuant to division | 82078 |
| (A)(3) of section 5739.02 of the Revised Code, the initial lease | 82079 |
| or rental installment shall be sourced pursuant to division (C) of | 82080 |
| this section. Each subsequent installment shall be sourced to the | 82081 |
| primary property location for the period covered by the | 82082 |
| installment. | 82083 |
| (3) As used in division (I) of this section, "primary | 82084 |
| property location" means an address for tangible personal property | 82085 |
| provided by the lessee or renter that is available to the lessor | 82086 |
| or owner from its records maintained in the ordinary course of | 82087 |
| business, when use of that address does not constitute bad faith. | 82088 |
| (J) Sales described in division (B)(11) of section 5739.01 | 82089 |
| of the Revised Code shall be sourced to the location of the | 82090 |
| enrollee for whom a medicaid health insuring corporation receives | 82091 |
| managed care premiums. Such sales shall be sourced to the | 82092 |
| locations of the enrollees in the same proportion as the managed | 82093 |
| care premiums received by the medicaid health insuring | 82094 |
| corporation on behalf of enrollees located in a particular | 82095 |
| taxing jurisdiction in Ohio as compared to all managed care | 82096 |
| premiums received by the medicaid health insuring corporation. | 82097 |
| Sec. 5739.051. (A) The tax commissioner shall issue a direct | 82098 |
| payment permit to a medicaid health insuring corporation that | 82099 |
| authorizes the medicaid health insuring corporation to pay all | 82100 |
| taxes due on sales described in division (B)(11) of section | 82101 |
| 5739.01 of the Revised Code directly to the state. Each medicaid | 82102 |
| health insuring corporation shall pay pursuant to such direct | 82103 |
| payment authority all sales tax levied on such sales by sections | 82104 |
| 5739.02, 5739.021, 5739.023, and 5739.026 of the Revised Code and | 82105 |
| all use tax levied on such sales pursuant to sections 5741.02, | 82106 |
| 5741.021, 5741.022, and 5741.023 of the Revised Code, unless | 82107 |
| division (B)(11)(b) of section 5739.01 of the Revised Code | 82108 |
| applies. | 82109 |
| (B) Each medicaid health insuring corporation shall, on or | 82110 |
| before the twenty-third day of each month, file a return for the | 82111 |
| preceding month on a form prescribed by the tax commissioner and | 82112 |
| shall pay the tax shown on the return to be due, unless division | 82113 |
| (B)(11)(b) of section 5739.01 of the Revised Code applies. The | 82114 |
| return shall show the amount of tax due from the medicaid health | 82115 |
| care insuring corporation for the period covered by the return | 82116 |
| and other such information as the commissioner deems necessary. | 82117 |
| Upon written request, the commissioner may extend the time for | 82118 |
| filing the return and paying the tax. The commissioner may | 82119 |
| require each medicaid health insuring corporation to file returns | 82120 |
| and remit payment by electronic means as provided in section | 82121 |
| 5739.032 of the Revised Code. | 82122 |
| Sec. 5739.131. Any nonresident of this state who accepts the | 82123 |
| privilege extended by the laws of this state to nonresidents of | 82124 |
| engaging in the business of selling in this state, as defined in | 82125 |
| section 5741.01 of the Revised Code, and any resident of this | 82126 |
| state who is required by sections 5739.17 and 5739.31 of the | 82127 |
| Revised Code to have a vendor's license and subsequently becomes a | 82128 |
|
nonresident or conceals | 82129 |
|
secretary of state | 82130 |
| process or notice in any assessment, action, or proceedings | 82131 |
| instituted in this state against such person under sections | 82132 |
| 5739.01 to 5739.31 and 5741.01 to 5741.22 of the Revised Code. | 82133 |
| Such process or notice shall be served | 82134 |
| 82135 | |
| 82136 | |
| 82137 | |
| 82138 | |
| 82139 | |
| 82140 | |
| 82141 | |
| 82142 | |
| 82143 | |
| 82144 |
| Sec. 5743.15. (A) | 82145 |
| division, no person shall engage in this state in the wholesale | 82146 |
| or retail business of trafficking in cigarettes or in the | 82147 |
| business of a manufacturer or importer of cigarettes without | 82148 |
| having a license to conduct each such activity issued by a county | 82149 |
| auditor under division (B) of this section or the tax | 82150 |
|
commissioner under | 82151 |
|
section | 82152 |
| death, the surviving partner may operate under the license of the | 82153 |
| partnership until expiration of the license, and the heirs or | 82154 |
| legal representatives of deceased persons, and receivers and | 82155 |
| trustees in bankruptcy appointed by any competent authority, may | 82156 |
| operate under the license of the person succeeded in possession | 82157 |
| by such heir, representative, receiver, or trustee in bankruptcy | 82158 |
| if the partner or successor notifies the issuer of the license of | 82159 |
| the dissolution or succession within thirty days after the | 82160 |
| dissolution or succession. | 82161 |
| (B)(1) Each applicant for a license to engage in the | 82162 |
| 82163 | |
| this section, annually, on or before the fourth Monday of May, | 82164 |
| shall make and deliver to the county auditor of the county in | 82165 |
|
which the
applicant
desires to engage in
the | 82166 |
| business of trafficking in cigarettes, upon a blank form | 82167 |
| furnished by such auditor for that purpose, a statement showing | 82168 |
| the name of the applicant, each physical place in the county | 82169 |
| where the applicant's business is conducted, the nature of the | 82170 |
| business, and any other information the tax commissioner requires | 82171 |
| in the form of statement prescribed by the commissioner. If the | 82172 |
| applicant is a firm, partnership, or association other than a | 82173 |
| corporation, the application shall state the name and address of | 82174 |
| each of its members. If the applicant is a corporation, the | 82175 |
| application shall state the name and address of each of its | 82176 |
| officers. At the time of making the application required by this | 82177 |
|
section, every person
| 82178 |
| 82179 | |
| 82180 | |
| desiring to engage in the retail business of trafficking in | 82181 |
|
cigarettes | 82182 |
|
of | 82183 |
| 82184 | |
|
such business | 82185 |
| Each place of business shall be deemed such space, under lease or | 82186 |
| license to, or under the control of, or under the supervision of | 82187 |
| the applicant, as is contained in one or more contiguous, | 82188 |
| adjacent, or adjoining buildings constituting an industrial plant | 82189 |
| or a place of business operated by, or under the control of, one | 82190 |
| person, or under one roof and connected by doors, halls, | 82191 |
| stairways, or elevators, which space may contain any number of | 82192 |
| points at which cigarettes are offered for sale, provided that | 82193 |
| each additional point at which cigarettes are offered for sale | 82194 |
| shall be listed in the application. | 82195 |
| (2) Upon receipt of the application and exhibition of the | 82196 |
|
county
treasurer's receipt showing the
payment of the | 82197 |
| application fee, the county auditor shall issue to the applicant | 82198 |
| a license for each place of business designated in the | 82199 |
| application, authorizing the applicant to engage in such business | 82200 |
| at such place for one year commencing on the fourth Monday of | 82201 |
|
May. | 82202 |
| 82203 | |
| 82204 | |
| 82205 | |
| the commissioner. A duplicate license may be obtained from the | 82206 |
|
county auditor upon payment of a | 82207 |
| the original license is lost, destroyed, or defaced. When an | 82208 |
|
application is
filed after the fourth Monday of May, the
| 82209 |
| 82210 | |
| amount to the remainder of the license year, except that it shall | 82211 |
|
not be
less than | 82212 |
| dollars in any one year. | 82213 |
| (3) The holder of a | 82214 |
| license may transfer the license to a place of business within the | 82215 |
|
same county other than that designated on the license | 82216 |
| 82217 | |
|
condition that the | 82218 |
| 82219 | |
| structure remain unchanged, and that the licensee applies to the | 82220 |
| county auditor therefor, upon forms approved by the commissioner | 82221 |
|
and the payment of a fee of
| 82222 |
| county treasury. | 82223 |
| (C)(1) Each applicant for a license to engage in the | 82224 |
| wholesale business of trafficking in cigarettes under this | 82225 |
| section, annually, on or before the fourth Monday in May, shall | 82226 |
| make and deliver to the tax commissioner, upon a blank form | 82227 |
| furnished by the commissioner for that purpose, a statement | 82228 |
| showing the name of the applicant, physical street address where | 82229 |
| the applicant's business is conducted, the nature of the business, | 82230 |
| and any other information required by the commissioner. If the | 82231 |
| applicant is a firm, partnership, or association other than a | 82232 |
| corporation, the applicant shall state the name and address of | 82233 |
| each of its members. If the applicant is a corporation, the | 82234 |
| applicant shall state the name and address of each of its | 82235 |
| officers. At the time of making the application required by this | 82236 |
| section, every person desiring to engage in the wholesale business | 82237 |
| of trafficking in cigarettes shall pay an application fee of one | 82238 |
| thousand dollars for each physical place where the person proposes | 82239 |
| to carry on such business. Each place of business shall be deemed | 82240 |
| such space, under lease or license to, or under the control of, or | 82241 |
| under the supervision of the applicant, as is contained in one or | 82242 |
| more contiguous, adjacent, or adjoining buildings constituting an | 82243 |
| industrial plant or a place of business operated by, or under the | 82244 |
| control of, one person, or under one roof and connected by doors, | 82245 |
| halls, stairways, or elevators. A duplicate license may be | 82246 |
| obtained from the commissioner upon payment of a | 82247 |
| twenty-five-dollar fee if the original license is lost, destroyed, | 82248 |
| or defaced. | 82249 |
| (2) Upon receipt of the application and payment of any | 82250 |
| application fee required by this section, the commissioner shall | 82251 |
| verify that the applicant is in good standing under Chapter 1346. | 82252 |
| and Title LVII of the Revised Code. Upon approval, the | 82253 |
| commissioner shall issue to the applicant a license for each | 82254 |
| physical place of business designated in the application | 82255 |
| authorizing the applicant to engage in business at that location | 82256 |
| for one year commencing on the fourth Monday in May. For licenses | 82257 |
| issued after the fourth Monday in May, the application fee shall | 82258 |
| be reduced proportionately by the remainder of the twelve-month | 82259 |
| period for which the license is issued, except that the | 82260 |
| application fee required to be paid under this section shall be | 82261 |
| not less than two hundred dollars in any one year. | 82262 |
| (3) The holder of a wholesale dealer cigarette license may | 82263 |
| transfer the license to a place of business other than that | 82264 |
| designated on the license on condition that the licensee's | 82265 |
| ownership or business structure remains unchanged, and that the | 82266 |
| licensee applies to the commissioner for such a transfer upon a | 82267 |
| form promulgated by the commissioner and pays a fee of twenty-five | 82268 |
| dollars, which shall be deposited into the cigarette tax | 82269 |
| enforcement fund created in division (E) of this section. | 82270 |
| (D)(1) The wholesale cigarette license | 82271 |
| application fees collected under this section shall be | 82272 |
| 82273 |
| | 82274 |
| 82275 | |
| 82276 | |
| 82277 |
| | 82278 |
| 82279 |
| | 82280 |
|
cigarette tax enforcement fund | 82281 |
| 82282 |
| (2) The | 82283 |
|
collected | 82284 |
| 82285 | |
| 82286 | |
| as follows: | 82287 |
| (a) | 82288 |
| the warrant of the county auditor into the treasury of the | 82289 |
| municipal corporation or township in which the places of business | 82290 |
| for which the tax revenue was received are located; | 82291 |
| (b) | 82292 |
| the general fund of the county; | 82293 |
| (c) | 82294 |
|
tax
enforcement fund | 82295 |
| (3) The remainder of the revenues and fines collected under | 82296 |
| this section and the penal laws relating to cigarettes shall be | 82297 |
| distributed as follows: | 82298 |
| (a) Three-fourths shall be paid upon the warrant of the | 82299 |
| county auditor into the treasury of the municipal corporation or | 82300 |
| township in which the place of business, on account of which the | 82301 |
| revenues and fines were received, is located; | 82302 |
| (b) One-fourth shall be credited to the general fund of the | 82303 |
| county. | 82304 |
| | 82305 |
| cigarette tax enforcement fund for the purpose of providing funds | 82306 |
| to assist in paying the costs of enforcing sections 1333.11 to | 82307 |
| 1333.21 and Chapter 5743. of the Revised Code. | 82308 |
| The portion of cigarette license | 82309 |
| fees received by a county auditor during the annual application | 82310 |
|
period that ends
| 82311 |
| is required to be deposited in the cigarette tax enforcement fund | 82312 |
| shall be sent to the treasurer of state by the thirtieth day of | 82313 |
| June each year accompanied by the form prescribed by the tax | 82314 |
|
commissioner. The
portion of cigarette license | 82315 |
| application fees received by each county auditor after the fourth | 82316 |
|
Monday in May | 82317 |
| cigarette tax enforcement fund shall be sent to the treasurer of | 82318 |
|
state by the | 82319 |
| following the month in which such fees were collected. | 82320 |
| | 82321 |
| of a manufacturer or importer of cigarettes shall, annually, on | 82322 |
| or before the fourth Monday of May, make and deliver to the tax | 82323 |
| commissioner, upon a blank form furnished by the commissioner for | 82324 |
| that purpose, a statement showing the name of the applicant, the | 82325 |
| nature of the applicant's business, and any other information | 82326 |
| required by the commissioner. If the applicant is a firm, | 82327 |
| partnership, or association other than a corporation, the | 82328 |
| applicant shall state the name and address of each of its | 82329 |
| members. If the applicant is a corporation, the applicant shall | 82330 |
| state the name and address of each of its officers. | 82331 |
| (2) Upon receipt of the application required under this | 82332 |
| section, the commissioner shall verify that the applicant is in | 82333 |
| good standing under Chapter 1346. and Title LVII of the Revised | 82334 |
| Code. Upon approval, the commissioner shall issue to the | 82335 |
| applicant a license authorizing the applicant to engage in the | 82336 |
| business of manufacturer or importer, whichever the case may be, | 82337 |
| for one year commencing on the fourth Monday of May. | 82338 |
| | 82339 |
| this section to a manufacturer does not excuse a manufacturer | 82340 |
| from the certification process required under section 1346.05 of | 82341 |
| the Revised Code. A manufacturer who is issued a license under | 82342 |
|
division | 82343 |
| directory required under section 1346.05 of the Revised Code shall | 82344 |
| not be permitted to sell cigarettes in this state other than to a | 82345 |
| licensed cigarette wholesaler for sale outside this state. Such a | 82346 |
| manufacturer shall provide documentation to the commissioner | 82347 |
| evidencing that the cigarettes are legal for sale in another | 82348 |
| state. | 82349 |
| | 82350 |
|
administer | 82351 |
| Sec. 5743.61. (A) | 82352 |
| division, no distributor shall engage in the business of | 82353 |
| distributing tobacco products within this state without having a | 82354 |
| license issued by the department of taxation to engage in that | 82355 |
|
business | 82356 |
| death, the surviving partner may operate under the license of the | 82357 |
| partnership until the expiration of the license, and the heirs or | 82358 |
| legal representatives of deceased persons, and receivers and | 82359 |
| trustees in bankruptcy appointed by any competent authority, may | 82360 |
| operate under the license of the person succeeded in possession by | 82361 |
| the heir, representative, receiver, or trustee in bankruptcy if | 82362 |
| the partner or successor notifies the department of taxation of | 82363 |
| the dissolution or succession within thirty days after the | 82364 |
| dissolution or succession. | 82365 |
| (B)(1) Each applicant for a license to engage in the business | 82366 |
| of distributing tobacco products, annually, on or before the first | 82367 |
| day of February, shall make and deliver to the tax commissioner, | 82368 |
| upon a form furnished by the commissioner for that purpose, a | 82369 |
| statement showing the name of the applicant, each physical place | 82370 |
| from which the applicant distributes to distributors, retail | 82371 |
| dealers, or wholesale dealers, and any other information the | 82372 |
| commissioner considers necessary for the administration of | 82373 |
| sections 5743.51 to 5743.66 of the Revised Code. | 82374 |
| (2) At the time of making the license application, the | 82375 |
|
applicant shall pay | 82376 |
| thousand dollars
for each
place listed | 82377 |
|
where | 82378 |
|
fee charged for the
| 82379 |
| application and shall be made payable to the treasurer of state | 82380 |
| for deposit into the cigarette tax enforcement fund. | 82381 |
| (3) Upon receipt of the application and payment of any | 82382 |
| licensing fee required by this section, the commissioner shall | 82383 |
| issue to the applicant a license for each place of distribution | 82384 |
| designated in the application authorizing the applicant to engage | 82385 |
| in business at that location for one year commencing on the first | 82386 |
| day of February. For licenses issued after the first day of | 82387 |
| February, the license application fee shall be reduced | 82388 |
| proportionately by the remainder of the twelve-month period for | 82389 |
| which the license is issued, except that the application fee | 82390 |
| required to be paid under this section shall be not less than two | 82391 |
| hundred dollars. If the original license is lost, destroyed, or | 82392 |
| defaced, a duplicate license may be obtained from the | 82393 |
| commissioner upon payment of a license replacement fee of | 82394 |
| twenty-five dollars. | 82395 |
| (C) The holder of a tobacco products license may transfer the | 82396 |
|
license to a place of business | 82397 |
| 82398 | |
|
and business structure remains unchanged and the licensee | 82399 |
| 82400 | |
| on a form issued by the commissioner, and pays a transfer fee of | 82401 |
| twenty-five dollars. | 82402 |
| (D) If a distributor fails to file | 82403 |
| required under Chapter 1346. or section 5743.52 of the Revised | 82404 |
|
Code | 82405 |
| periods or three | 82406 |
| the commissioner may suspend the license issued to the distributor | 82407 |
| under this section. The suspension is effective ten days after the | 82408 |
| commissioner notifies the distributor of the suspension in | 82409 |
| writing personally or by certified mail. The commissioner shall | 82410 |
| lift the suspension when the distributor files the delinquent | 82411 |
| 82412 | |
| interest, and additional charges. The commissioner may refuse to | 82413 |
| issue the annual renewal of the license required by this section | 82414 |
| and may refuse to issue a new license for the same location until | 82415 |
|
all delinquent | 82416 |
| paid. This division does not apply to any unpaid or underpaid tax | 82417 |
|
liability that is the
subject of a | 82418 |
| filed pursuant to section 5743.56, 5717.02, or 5717.04 of the | 82419 |
| Revised Code. | 82420 |
| Sec. 5747.113. (A) Any taxpayer claiming a refund under | 82421 |
|
section
5747.11 of the Revised Code | 82422 |
| 82423 | |
| taxpayer's refund to the natural areas and preserves fund created | 82424 |
| in section 1517.11 of the Revised Code, the nongame and endangered | 82425 |
| wildlife fund created in section 1531.26 of the Revised Code, the | 82426 |
| military injury relief fund created in section 5101.98 of the | 82427 |
| Revised Code, the Ohio historical society income tax contribution | 82428 |
| fund created in section 149.308 of the Revised Code, the Ohio | 82429 |
| veterans' home agency income tax contribution fund created in | 82430 |
|
section 5907.111 of the Revised Code, or
all of
those funds | 82431 |
| designate on the taxpayer's income tax return the amount that the | 82432 |
| taxpayer wishes to contribute to the fund or funds. A designated | 82433 |
| contribution is irrevocable upon the filing of the return and | 82434 |
| shall be made in the full amount designated if the refund found | 82435 |
| due the taxpayer upon the initial processing of the taxpayer's | 82436 |
| return, after any deductions including those required by section | 82437 |
| 5747.12 of the Revised Code, is greater than or equal to the | 82438 |
| designated contribution. If the refund due as initially | 82439 |
| determined is less than the designated contribution, the | 82440 |
| contribution shall be made in the full amount of the refund. The | 82441 |
| tax commissioner shall subtract the amount of the contribution | 82442 |
| from the amount of the refund initially found due the taxpayer and | 82443 |
| shall certify the difference to the director of budget and | 82444 |
| management and treasurer of state for payment to the taxpayer in | 82445 |
| accordance with section 5747.11 of the Revised Code. For the | 82446 |
| purpose of any subsequent determination of the taxpayer's net tax | 82447 |
| payment, the contribution shall be considered a part of the refund | 82448 |
| paid to the taxpayer. | 82449 |
| (B) The tax commissioner shall provide a space on the income | 82450 |
| tax return form in which a taxpayer may indicate that the taxpayer | 82451 |
| wishes to make a donation in accordance with this section. The tax | 82452 |
| commissioner shall also print in the instructions accompanying the | 82453 |
| income tax return form a description of the purposes for which the | 82454 |
| natural areas and preserves fund, the nongame and endangered | 82455 |
|
wildlife fund, | 82456 |
| historical society income tax contribution fund, and the Ohio | 82457 |
| veterans' home agency income tax contribution fund were created | 82458 |
| and the use of moneys from the income tax refund contribution | 82459 |
| system established in this section. No person shall designate on | 82460 |
| the person's income tax return any part of a refund claimed under | 82461 |
| section 5747.11 of the Revised Code as a contribution to any fund | 82462 |
| other than the natural areas and preserves fund, the nongame and | 82463 |
|
endangered wildlife
fund, the military injury relief fund | 82464 |
| 82465 | |
| contribution fund, or the Ohio veterans' home agency income tax | 82466 |
| contribution fund. | 82467 |
| (C) The money collected under the income tax refund | 82468 |
| contribution system established in this section shall be deposited | 82469 |
| by the tax commissioner into the natural areas and preserves fund, | 82470 |
|
the
nongame and endangered wildlife fund, | 82471 |
| relief fund, the Ohio historical society income tax contribution | 82472 |
| fund, and the Ohio veterans' home agency income tax contribution | 82473 |
| fund in the amounts designated on the tax returns. | 82474 |
| (D) No later than the thirtieth day of September each year, | 82475 |
| the tax commissioner shall determine the total amount contributed | 82476 |
| to each fund under this section during the preceding eight months, | 82477 |
| any adjustments to prior months, and the cost to the department of | 82478 |
| taxation of administering the income tax refund contribution | 82479 |
| system during that eight-month period. The commissioner shall make | 82480 |
| an additional determination no later than the thirty-first day of | 82481 |
| January of each year of the total amount contributed to each fund | 82482 |
| under this section during the preceding four calendar months, any | 82483 |
| adjustments to prior years made during that four-month period, and | 82484 |
| the cost to the department of taxation of administering the income | 82485 |
| tax contribution system during that period. The cost of | 82486 |
| administering the income tax contribution system shall be | 82487 |
| certified by the tax commissioner to the director of budget and | 82488 |
|
management, who shall transfer an amount equal to
| 82489 |
| one-fifth of such administrative costs from the natural areas and | 82490 |
|
preserves fund, | 82491 |
|
nongame and
endangered wildlife fund, | 82492 |
| such costs from the military injury relief fund, one-fifth of | 82493 |
| such costs from the Ohio historical society income tax | 82494 |
| contribution fund, and one-fifth of such costs from the Ohio | 82495 |
|
veterans' home agency income tax contribution
fund to the | 82496 |
| 82497 | |
| administration fund, which is hereby created, provided that the | 82498 |
| moneys that the department receives to pay the cost of | 82499 |
| administering the income tax refund contribution system in any | 82500 |
| year shall not exceed two and one-half per cent of the total | 82501 |
| amount contributed under that system during that year. | 82502 |
| (E)(1) The director of natural resources, in January of every | 82503 |
| odd-numbered year, shall report to the general assembly on the | 82504 |
| effectiveness of the income tax refund contribution system as it | 82505 |
| pertains to the natural areas and preserves fund and the nongame | 82506 |
| and endangered wildlife fund. The report shall include the amount | 82507 |
| of money contributed to each fund in each of the previous five | 82508 |
| years, the amount of money contributed directly to each fund in | 82509 |
| addition to or independently of the income tax refund contribution | 82510 |
| system in each of the previous five years, and the purposes for | 82511 |
| which the money was expended. | 82512 |
| (2) The director of job and family services, the director of | 82513 |
| the Ohio historical society, and the superintendent of the Ohio | 82514 |
| veterans' home agency, in January of every odd-numbered year, | 82515 |
| each shall report to the general assembly on the effectiveness of | 82516 |
| the income tax refund contribution system as it pertains to the | 82517 |
| military injury relief fund, the Ohio historical society income | 82518 |
| tax contribution fund, and the Ohio veterans' home agency income | 82519 |
| tax contribution fund, respectively. The report shall include the | 82520 |
| amount of money contributed to the fund in each of the previous | 82521 |
| five years, the amount of money contributed directly to the fund | 82522 |
| in addition to or independently of the income tax refund | 82523 |
| contribution system in each of the previous five years, and the | 82524 |
| purposes for which the money was expended. | 82525 |
| Sec. 5747.13. (A) If any employer collects the tax imposed | 82526 |
| by section 5747.02 or under Chapter 5748. of the Revised Code and | 82527 |
| fails to remit the tax as required by law, or fails to collect the | 82528 |
| tax, the employer is personally liable for any amount collected | 82529 |
| that the employer fails to remit, or any amount that the employer | 82530 |
| fails to collect. If any taxpayer fails to file a return or fails | 82531 |
| to pay the tax imposed by section 5747.02 or under Chapter 5748. | 82532 |
| of the Revised Code, the taxpayer is personally liable for the | 82533 |
| amount of the tax. | 82534 |
| If any employer, taxpayer, or qualifying entity required to | 82535 |
| file a return under this chapter fails to file the return within | 82536 |
| the time prescribed, files an incorrect return, fails to remit the | 82537 |
| full amount of the taxes due for the period covered by the return, | 82538 |
| or fails to remit any additional tax due as a result of a | 82539 |
| reduction in the amount of the credit allowed under division (B) | 82540 |
| of section 5747.05 of the Revised Code together with interest on | 82541 |
| the additional tax within the time prescribed by that division, | 82542 |
| the tax commissioner may make an assessment against any person | 82543 |
| liable for any deficiency for the period for which the return is | 82544 |
| or taxes are due, based upon any information in the commissioner's | 82545 |
| possession. | 82546 |
| An assessment issued against either the employer or the | 82547 |
| taxpayer pursuant to this section shall not be considered an | 82548 |
| election of remedies or a bar to an assessment against the other | 82549 |
| for failure to report or pay the same tax. No assessment shall be | 82550 |
| issued against any person if the tax actually has been paid by | 82551 |
| another. | 82552 |
| No assessment shall be made or issued against an employer, | 82553 |
| taxpayer, or qualifying entity more than four years after the | 82554 |
| final date the return subject to assessment was required to be | 82555 |
| filed or the date the return was filed, whichever is later. | 82556 |
| However, the commissioner may assess any balance due as the result | 82557 |
| of a reduction in the credit allowed under division (B) of section | 82558 |
| 5747.05 of the Revised Code, including applicable penalty and | 82559 |
| interest, within four years of the date on which the taxpayer | 82560 |
| reports a change in either the portion of the taxpayer's adjusted | 82561 |
| gross income subjected to an income tax or tax measured by income | 82562 |
| in another state or the District of Columbia, or the amount of | 82563 |
| liability for an income tax or tax measured by income to another | 82564 |
| state or the District of Columbia, as required by division (B)(3) | 82565 |
| of section 5747.05 of the Revised Code. Such time limits may be | 82566 |
| extended if both the employer, taxpayer, or qualifying entity and | 82567 |
| the commissioner consent in writing to the extension or if an | 82568 |
| agreement waiving or extending the time limits has been entered | 82569 |
| into pursuant to section 122.171 of the Revised Code. Any such | 82570 |
| extension shall extend the four-year time limit in division (B) of | 82571 |
| section 5747.11 of the Revised Code for the same period of time. | 82572 |
| There shall be no bar or limit to an assessment against an | 82573 |
| employer for taxes withheld from employees and not remitted to the | 82574 |
| state, against an employer, taxpayer, or qualifying entity that | 82575 |
| fails to file a return subject to assessment as required by this | 82576 |
| chapter, or against an employer, taxpayer, or qualifying entity | 82577 |
| that files a fraudulent return. | 82578 |
| The commissioner shall give the party assessed written notice | 82579 |
| of the assessment in the manner provided in section 5703.37 of the | 82580 |
| Revised Code. With the notice, the commissioner shall provide | 82581 |
| instructions on how to petition for reassessment and request a | 82582 |
| hearing on the petition. | 82583 |
| (B) Unless the party assessed files with the tax commissioner | 82584 |
| within sixty days after service of the notice of assessment, | 82585 |
| either personally or by certified mail, a written petition for | 82586 |
| reassessment, signed by the party assessed or that party's | 82587 |
| authorized agent having knowledge of the facts, the assessment | 82588 |
| becomes final, and the amount of the assessment is due and payable | 82589 |
| from the party assessed to the commissioner with remittance made | 82590 |
| payable to the treasurer of state. The petition shall indicate the | 82591 |
| objections of the party assessed, but additional objections may be | 82592 |
| raised in writing if received by the commissioner prior to the | 82593 |
| date shown on the final determination. If the petition has been | 82594 |
| properly filed, the commissioner shall proceed under section | 82595 |
| 5703.60 of the Revised Code. | 82596 |
| (C) After an assessment becomes final, if any portion of the | 82597 |
| assessment remains unpaid, including accrued interest, a certified | 82598 |
| copy of the tax commissioner's entry making the assessment final | 82599 |
| may be filed in the office of the clerk of the court of common | 82600 |
| pleas in the county in which the employer's, taxpayer's, or | 82601 |
| qualifying entity's place of business is located or the county in | 82602 |
| which the party assessed resides. If the party assessed is not a | 82603 |
| resident of this state, the certified copy of the entry may be | 82604 |
| filed in the office of the clerk of the court of common pleas of | 82605 |
| Franklin county. | 82606 |
| Immediately upon the filing of the entry, the clerk shall | 82607 |
| enter a judgment against the party assessed in the amount shown on | 82608 |
| the entry. The judgment shall be filed by the clerk in one of two | 82609 |
| loose-leaf books, one entitled "special judgments for state and | 82610 |
| school district income taxes," and the other entitled "special | 82611 |
| judgments for qualifying entity taxes." The judgment shall have | 82612 |
| the same effect as other judgments. Execution shall issue upon the | 82613 |
| judgment upon the request of the tax commissioner, and all laws | 82614 |
| applicable to sales on execution shall apply to sales made under | 82615 |
| the judgment. | 82616 |
| The portion of the assessment not paid within sixty days | 82617 |
| after the assessment was issued shall bear interest at the rate | 82618 |
| per annum prescribed by section 5703.47 of the Revised Code from | 82619 |
| the day the tax commissioner issues the assessment until it is | 82620 |
| paid. Interest shall be paid in the same manner as the tax and may | 82621 |
| be collected by the issuance of an assessment under this section. | 82622 |
| (D) All money collected under this section shall be | 82623 |
| considered as revenue arising from the taxes imposed by this | 82624 |
| chapter or Chapter 5733. or 5748. of the Revised Code, as | 82625 |
| appropriate. | 82626 |
| (E) | 82627 |
| 82628 |
| | 82629 |
| 82630 | |
| 82631 |
| | 82632 |
| 82633 | |
| 82634 | |
| 82635 | |
| 82636 | |
| 82637 | |
| 82638 | |
| 82639 | |
| 82640 | |
| 82641 | |
| 82642 |
| | 82643 |
| 82644 | |
| 82645 | |
| 82646 | |
| 82647 |
| | 82648 |
| 82649 | |
| 82650 | |
| 82651 | |
| 82652 | |
| 82653 | |
| 82654 | |
| 82655 | |
| 82656 | |
| 82657 | |
| 82658 | |
| 82659 |
| | 82660 |
| 82661 | |
| 82662 | |
| 82663 | |
| 82664 | |
| 82665 | |
| 82666 |
| | 82667 |
| 82668 | |
| 82669 | |
| 82670 | |
| 82671 | |
| 82672 |
| | 82673 |
| 82674 | |
| 82675 | |
| 82676 |
| | 82677 |
| 82678 | |
| assessed files a petition for reassessment under division (B) of | 82679 |
| this section, the person, on or before the last day the petition | 82680 |
| may be filed, shall pay the assessed amount, including assessed | 82681 |
| interest and assessed penalties, if any of the following | 82682 |
| conditions exists: | 82683 |
| (1) The person files a tax return reporting Ohio adjusted | 82684 |
| gross income, less the exemptions allowed by section 5747.025 of | 82685 |
| the Revised Code, in an amount less than one cent, and the | 82686 |
| reported amount is not based on the computations required under | 82687 |
| division (A) of section 5747.01 or section 5747.025 of the Revised | 82688 |
| Code. | 82689 |
| (2) The person files a tax return that the tax commissioner | 82690 |
| determines to be incomplete, false, fraudulent, or frivolous. | 82691 |
| (3) The person fails to file a tax return, and the basis for | 82692 |
| this failure is not either of the following: | 82693 |
| (a) An assertion that the person has no nexus with this | 82694 |
| state; | 82695 |
| (b) The computations required under division (A) of section | 82696 |
| 5747.01 of the Revised Code or the application of credits allowed | 82697 |
| under this chapter has the result that the person's tax liability | 82698 |
| is less than one dollar and one cent. | 82699 |
| (F) Notwithstanding the fact that a petition for reassessment | 82700 |
| is pending, the petitioner may pay all or a portion of the | 82701 |
| assessment that is the subject of the petition. The acceptance of | 82702 |
| a payment by the treasurer of state does not prejudice any claim | 82703 |
| for refund upon final determination of the petition. | 82704 |
| If upon final determination of the petition an error in the | 82705 |
| assessment is corrected by the tax commissioner, upon petition so | 82706 |
| filed or pursuant to a decision of the board of tax appeals or any | 82707 |
| court to which the determination or decision has been appealed, so | 82708 |
| that the amount due from the party assessed under the corrected | 82709 |
| assessment is less than the portion paid, there shall be issued to | 82710 |
| the petitioner or to the petitioner's assigns or legal | 82711 |
| representative a refund in the amount of the overpayment as | 82712 |
| provided by section 5747.11 of the Revised Code, with interest on | 82713 |
| that amount as provided by such section, subject to section | 82714 |
| 5747.12 of the Revised Code. | 82715 |
| Sec. 5747.16. Any nonresident who accepts the privileges | 82716 |
| extended by the laws of this state to nonresidents earning or | 82717 |
| receiving income in this state, and any resident who becomes a | 82718 |
|
nonresident or conceals | 82719 |
|
the secretary of state | 82720 |
| process or notice in any assessment, action, or proceedings | 82721 |
| instituted in this state against such person under this chapter, | 82722 |
|
such process or notice shall be served | 82723 |
| 82724 | |
| 82725 | |
| 82726 | |
| 82727 | |
| 82728 | |
| 82729 | |
| 82730 | |
| 82731 | |
| 82732 | |
| provided under section 5703.37 of the Revised Code. | 82733 |
| Sec. 5747.18. The tax commissioner shall enforce and | 82734 |
| administer this chapter. In addition to any other powers conferred | 82735 |
| upon the commissioner by law, the commissioner may: | 82736 |
| (A) Prescribe all forms required to be filed pursuant to this | 82737 |
| chapter; | 82738 |
| (B) Adopt such rules as the commissioner finds necessary to | 82739 |
| carry out this chapter; | 82740 |
| (C) Appoint and employ such personnel as are necessary to | 82741 |
| carry out the duties imposed upon the commissioner by this | 82742 |
| chapter. | 82743 |
| Any information gained as the result of returns, | 82744 |
| investigations, hearings, or verifications required or authorized | 82745 |
| by this chapter is confidential, and no person shall disclose such | 82746 |
| information, except for official purposes, or as provided by | 82747 |
|
section 3125.43, 4123.271, 4123.591, 4507.023, | 82748 |
| 82749 | |
| accordance with a proper judicial order. The tax commissioner may | 82750 |
| furnish the internal revenue service with copies of returns or | 82751 |
| reports filed and may furnish the officer of a municipal | 82752 |
| corporation charged with the duty of enforcing a tax subject to | 82753 |
| Chapter 718. of the Revised Code with the names, addresses, and | 82754 |
| identification numbers of taxpayers who may be subject to such | 82755 |
| tax. A municipal corporation shall use this information for tax | 82756 |
| collection purposes only. This section does not prohibit the | 82757 |
| publication of statistics in a form which does not disclose | 82758 |
| information with respect to individual taxpayers. | 82759 |
| Sec. 5747.66. Any term used in this section has the same | 82760 |
| meaning as in section 122.85 of the Revised Code. | 82761 |
| A nonrefundable credit is allowed against the tax imposed by | 82762 |
| section 5747.02 of the Revised Code for any individual who, on the | 82763 |
| last day of the individual's taxable year, is the certificate | 82764 |
| owner of a tax credit certificate issued under section 122.85 of | 82765 |
| the Revised Code. If the individual is the qualifying investor, | 82766 |
| the credit shall be claimed for the individual's taxable year that | 82767 |
| includes the day the base investment was made. If the individual | 82768 |
| is not the qualifying investor, the credit shall be claimed for | 82769 |
| the individual's taxable year that includes the last day of the | 82770 |
| qualifying investor's taxable year in which the qualifying | 82771 |
| investor's base investment was made. The amount of the credit | 82772 |
| shall equal the credit amount certified by the transfer agent | 82773 |
| under division (G) of section 122.85 of the Revised Code. The | 82774 |
| credit shall be claimed in the order required under section | 82775 |
| 5747.98 of the Revised Code. If the credit amount exceeds the tax | 82776 |
| otherwise due under section 5747.02 of the Revised Code after | 82777 |
| deducting all other credits in that order, the excess may be | 82778 |
| carried forward for not more than ten taxable years following the | 82779 |
| taxable year in which the credit is first claimed, and the amount | 82780 |
| claimed in any year shall be deducted from the balance carried | 82781 |
| forward to an ensuing year. | 82782 |
| Sec. 5747.76. (A) As used in this section, "certificate | 82783 |
| owner" has the same meaning as in section 149.311 of the Revised | 82784 |
| Code. | 82785 |
| (B) There is allowed a credit against the tax imposed under | 82786 |
| section 5747.02 of the Revised Code for a taxpayer that is the | 82787 |
| certificate owner of a rehabilitation tax credit certificate | 82788 |
| issued under section 149.311 of the Revised Code. The credit | 82789 |
| shall equal twenty-five per cent of the dollar amount indicated | 82790 |
| on the certificate, but the amount of credit allowed for any | 82791 |
| taxpayer shall not exceed five million dollars. The credit | 82792 |
| shall be claimed for the taxable year specified in the | 82793 |
| certificate and in the order required under section 5747.98 of | 82794 |
| the Revised Code. | 82795 |
| (C) Nothing in this section limits or disallows pass-through | 82796 |
| treatment of the credit if the certificate owner is a pass-through | 82797 |
| entity. If the certificate owner is a pass-through entity, the | 82798 |
| amount of the credit allowed for the pass-through entity shall not | 82799 |
| exceed five million dollars. If the certificate owner is a | 82800 |
| pass-through entity, the credit may be allocated among the | 82801 |
| entity's equity owners in proportion to their ownership interests | 82802 |
| or in such proportions or amounts as the equity owners mutually | 82803 |
| agree. | 82804 |
| (D) If the credit allowed for any taxable year exceeds the | 82805 |
| tax otherwise due under section 5747.02 of the Revised Code, after | 82806 |
| allowing for any other credits preceding the credit in the order | 82807 |
| prescribed by section 5747.98 of the Revised Code, the excess | 82808 |
| shall be refunded to the taxpayer but, if any amount of the | 82809 |
| credit is refunded, the sum of the amount refunded and the amount | 82810 |
| applied to reduce the tax otherwise due for that year shall not | 82811 |
| exceed three million dollars or, if the certificate owner is a | 82812 |
| pass-through entity, shall not exceed the taxpayer's distributive | 82813 |
| or proportionate share, as allocated under division (C) of this | 82814 |
| section, of three million dollars. The taxpayer may carry forward | 82815 |
| any balance of the credit in excess of the amount claimed for | 82816 |
| that year for not more than five ensuing taxable years, and shall | 82817 |
| deduct any amount claimed for any such year from the amount | 82818 |
| claimed in an ensuing year. | 82819 |
| (E) A taxpayer claiming a credit under this section shall | 82820 |
| retain the rehabilitation tax credit certificate for four years | 82821 |
| following the end of the taxable year to which the credit was | 82822 |
| applied, and shall make the certificate available for inspection | 82823 |
| by the tax commissioner upon the request of the tax commissioner | 82824 |
| during that period. | 82825 |
| Sec. 5747.98. (A) To provide a uniform procedure for | 82826 |
| calculating the amount of tax due under section 5747.02 of the | 82827 |
| Revised Code, a taxpayer shall claim any credits to which the | 82828 |
| taxpayer is entitled in the following order: | 82829 |
| (1) The retirement income credit under division (B) of | 82830 |
| section 5747.055 of the Revised Code; | 82831 |
| (2) The senior citizen credit under division (C) of section | 82832 |
| 5747.05 of the Revised Code; | 82833 |
| (3) The lump sum distribution credit under division (D) of | 82834 |
| section 5747.05 of the Revised Code; | 82835 |
| (4) The dependent care credit under section 5747.054 of the | 82836 |
| Revised Code; | 82837 |
| (5) The lump sum retirement income credit under division (C) | 82838 |
| of section 5747.055 of the Revised Code; | 82839 |
| (6) The lump sum retirement income credit under division (D) | 82840 |
| of section 5747.055 of the Revised Code; | 82841 |
| (7) The lump sum retirement income credit under division (E) | 82842 |
| of section 5747.055 of the Revised Code; | 82843 |
| (8) The low-income credit under section 5747.056 of the | 82844 |
| Revised Code; | 82845 |
| (9) The credit for displaced workers who pay for job training | 82846 |
| under section 5747.27 of the Revised Code; | 82847 |
| (10) The campaign contribution credit under section 5747.29 | 82848 |
| of the Revised Code; | 82849 |
| (11) The twenty-dollar personal exemption credit under | 82850 |
| section 5747.022 of the Revised Code; | 82851 |
| (12) The joint filing credit under division (G) of section | 82852 |
| 5747.05 of the Revised Code; | 82853 |
| (13) The nonresident credit under division (A) of section | 82854 |
| 5747.05 of the Revised Code; | 82855 |
| (14) The credit for a resident's out-of-state income under | 82856 |
| division (B) of section 5747.05 of the Revised Code; | 82857 |
| (15) The credit for employers that enter into agreements with | 82858 |
| child day-care centers under section 5747.34 of the Revised Code; | 82859 |
| (16) The credit for employers that reimburse employee child | 82860 |
| care expenses under section 5747.36 of the Revised Code; | 82861 |
| (17) The credit for adoption of a minor child under section | 82862 |
| 5747.37 of the Revised Code; | 82863 |
| (18) The credit for purchases of lights and reflectors under | 82864 |
| section 5747.38 of the Revised Code; | 82865 |
| (19) The job retention credit under division (B) of section | 82866 |
| 5747.058 of the Revised Code; | 82867 |
| (20) The credit for selling alternative fuel under section | 82868 |
| 5747.77 of the Revised Code; | 82869 |
| (21) The second credit for purchases of new manufacturing | 82870 |
| machinery and equipment and the credit for using Ohio coal under | 82871 |
| section 5747.31 of the Revised Code; | 82872 |
| (22) The job training credit under section 5747.39 of the | 82873 |
| Revised Code; | 82874 |
| (23) The enterprise zone credit under section 5709.66 of the | 82875 |
| Revised Code; | 82876 |
| (24) The credit for the eligible costs associated with a | 82877 |
| voluntary action under section 5747.32 of the Revised Code; | 82878 |
| (25) The credit for employers that establish on-site child | 82879 |
| day-care centers under section 5747.35 of the Revised Code; | 82880 |
| (26) The ethanol plant investment credit under section | 82881 |
| 5747.75 of the Revised Code; | 82882 |
| (27) The credit for purchases of qualifying grape production | 82883 |
| property under section 5747.28 of the Revised Code; | 82884 |
| (28) The export sales credit under section 5747.057 of the | 82885 |
| Revised Code; | 82886 |
| (29) The credit for research and development and technology | 82887 |
| transfer investors under section 5747.33 of the Revised Code; | 82888 |
| (30) The enterprise zone credits under section 5709.65 of the | 82889 |
| Revised Code; | 82890 |
| (31) The credit for investment in a motion picture production | 82891 |
| under section 5747.66 of the Revised Code; | 82892 |
| (32) The research and development credit under section | 82893 |
| 5747.331 of the Revised Code; | 82894 |
| | 82895 |
| under section 5747.76 of the Revised Code; | 82896 |
| | 82897 |
| building under section 5747.76 of the Revised Code; | 82898 |
| | 82899 |
| (A) of section 5747.058 of the Revised Code; | 82900 |
| | 82901 |
| entity granted under section 5747.059 of the Revised Code; | 82902 |
| | 82903 |
| qualifying pass-through entity granted under division (J) of | 82904 |
| section 5747.08 of the Revised Code; | 82905 |
| | 82906 |
| division (B)(1) of section 5747.062 of the Revised Code; | 82907 |
| | 82908 |
| Revised Code for losses on loans made to the Ohio venture capital | 82909 |
| program under sections 150.01 to 150.10 of the Revised Code. | 82910 |
| (B) For any credit, except the refundable credits enumerated | 82911 |
|
in
| 82912 |
| granted under division (I) of section 5747.08 of the Revised | 82913 |
| Code, the amount of the credit for a taxable year shall not | 82914 |
| exceed the tax due after allowing for any other credit that | 82915 |
| precedes it in the order required under this section. Any excess | 82916 |
| amount of a particular credit may be carried forward if | 82917 |
| authorized under the section creating that credit. Nothing in | 82918 |
| this chapter shall be construed to allow a taxpayer to claim, | 82919 |
| directly or indirectly, a credit more than once for a taxable | 82920 |
| year. | 82921 |
| Sec. 5748.02. (A) The board of education of any school | 82922 |
| district, except a joint vocational school district, may declare, | 82923 |
| by resolution, the necessity of raising annually a specified | 82924 |
| amount of money for school district purposes. The resolution shall | 82925 |
| specify whether the income that is to be subject to the tax is | 82926 |
| taxable income of individuals and estates as defined in divisions | 82927 |
| (E)(1)(a) and (2) of section 5748.01 of the Revised Code or | 82928 |
| taxable income of individuals as defined in division (E)(1)(b) of | 82929 |
| that section. A copy of the resolution shall be certified to the | 82930 |
| tax commissioner no later than eighty-five days prior to the date | 82931 |
| of the election at which the board intends to propose a levy under | 82932 |
| this section. Upon receipt of the copy of the resolution, the tax | 82933 |
| commissioner shall estimate both of the following: | 82934 |
| (1) The property tax rate that would have to be imposed in | 82935 |
| the current year by the district to produce an equivalent amount | 82936 |
| of money; | 82937 |
| (2) The income tax rate that would have had to have been in | 82938 |
| effect for the current year to produce an equivalent amount of | 82939 |
| money from a school district income tax. | 82940 |
| Within ten days of receiving the copy of the board's | 82941 |
| resolution, the commissioner shall prepare these estimates and | 82942 |
| certify them to the board. Upon receipt of the certification, the | 82943 |
| board may adopt a resolution proposing an income tax under | 82944 |
| division (B) of this section at the estimated rate contained in | 82945 |
| the certification rounded to the nearest one-fourth of one per | 82946 |
| cent. The commissioner's certification applies only to the board's | 82947 |
| proposal to levy an income tax at the election for which the board | 82948 |
| requested the certification. If the board intends to submit a | 82949 |
| proposal to levy an income tax at any other election, it shall | 82950 |
| request another certification for that election in the manner | 82951 |
| prescribed in this division. | 82952 |
| (B)(1) Upon the receipt of a certification from the tax | 82953 |
| commissioner under division (A) of this section, a majority of the | 82954 |
| members of a board of education may adopt a resolution proposing | 82955 |
| the levy of an annual tax for school district purposes on school | 82956 |
| district income. The proposed levy may be for a continuing period | 82957 |
| of time or for a specified number of years. The resolution shall | 82958 |
| set forth the purpose for which the tax is to be imposed, the rate | 82959 |
| of the tax, which shall be the rate set forth in the | 82960 |
| commissioner's certification rounded to the nearest one-fourth of | 82961 |
| one per cent, the number of years the tax will be levied or that | 82962 |
| it will be levied for a continuing period of time, the date on | 82963 |
| which the tax shall take effect, which shall be the first day of | 82964 |
| January of any year following the year in which the question is | 82965 |
| submitted, and the date of the election at which the proposal | 82966 |
| shall be submitted to the electors of the district, which shall be | 82967 |
| on the date of a primary, general, or special election the date of | 82968 |
| which is consistent with section 3501.01 of the Revised Code. The | 82969 |
| resolution shall specify whether the income that is to be subject | 82970 |
| to the tax is taxable income of individuals and estates as defined | 82971 |
| in divisions (E)(1)(a) and (2) of section 5748.01 of the Revised | 82972 |
| Code or taxable income of individuals as defined in division | 82973 |
| (E)(1)(b) of that section. The specification shall be the same as | 82974 |
| the specification in the resolution adopted and certified under | 82975 |
| division (A) of this section. | 82976 |
| If the tax is to be levied for current expenses and permanent | 82977 |
| improvements, the resolution shall apportion the annual rate of | 82978 |
| the tax. The apportionment may be the same or different for each | 82979 |
| year the tax is levied, but the respective portions of the rate | 82980 |
| actually levied each year for current expenses and for permanent | 82981 |
| improvements shall be limited by the apportionment. | 82982 |
| If the board of education currently imposes an income tax | 82983 |
| pursuant to this chapter that is due to expire and a question is | 82984 |
| submitted under this section for a proposed income tax to take | 82985 |
| effect upon the expiration of the existing tax, the board may | 82986 |
| specify in the resolution that the proposed tax renews the | 82987 |
|
expiring tax | 82988 |
| Two or more expiring income taxes may be renewed under this | 82989 |
| paragraph if the taxes are due to expire on the same date. If the | 82990 |
|
tax rate
being proposed is no higher than the total tax rate | 82991 |
| 82992 | |
| may state that the proposed tax is not an additional income tax. | 82993 |
| (2) A board of education adopting a resolution under division | 82994 |
| (B)(1) of this section proposing a school district income tax for | 82995 |
| a continuing period of time and limited to the purpose of current | 82996 |
| expenses may propose in that resolution to reduce the rate or | 82997 |
| rates of one or more of the school district's property taxes | 82998 |
| levied for a continuing period of time in excess of the ten-mill | 82999 |
| limitation for the purpose of current expenses. The reduction in | 83000 |
| the rate of a property tax may be any amount, expressed in mills | 83001 |
| per one dollar in valuation, not exceeding the rate at which the | 83002 |
| tax is authorized to be levied. The reduction in the rate of a tax | 83003 |
| shall first take effect for the tax year that includes the day on | 83004 |
| which the school district income tax first takes effect, and shall | 83005 |
| continue for each tax year that both the school district income | 83006 |
| tax and the property tax levy are in effect. | 83007 |
| In addition to the matters required to be set forth in the | 83008 |
| resolution under division (B)(1) of this section, a resolution | 83009 |
| containing a proposal to reduce the rate of one or more property | 83010 |
| taxes shall state for each such tax the maximum rate at which it | 83011 |
| currently may be levied and the maximum rate at which the tax | 83012 |
| could be levied after the proposed reduction, expressed in mills | 83013 |
| per one dollar in valuation, and that the tax is levied for a | 83014 |
| continuing period of time. | 83015 |
| If a board of education proposes to reduce the rate of one or | 83016 |
| more property taxes under division (B)(2) of this section, the | 83017 |
| board, when it makes the certification required under division (A) | 83018 |
| of this section, shall designate the specific levy or levies to be | 83019 |
| reduced, the maximum rate at which each levy currently is | 83020 |
| authorized to be levied, and the rate by which each levy is | 83021 |
| proposed to be reduced. The tax commissioner, when making the | 83022 |
| certification to the board under division (A) of this section, | 83023 |
| also shall certify the reduction in the total effective tax rate | 83024 |
| for current expenses for each class of property that would have | 83025 |
| resulted if the proposed reduction in the rate or rates had been | 83026 |
| in effect the previous tax year. As used in this paragraph, | 83027 |
| "effective tax rate" has the same meaning as in section 323.08 of | 83028 |
| the Revised Code. | 83029 |
| (C) A resolution adopted under division (B) of this section | 83030 |
| shall go into immediate effect upon its passage, and no | 83031 |
| publication of the resolution shall be necessary other than that | 83032 |
| provided for in the notice of election. Immediately after its | 83033 |
| adoption and at least seventy-five days prior to the election at | 83034 |
| which the question will appear on the ballot, a copy of the | 83035 |
| resolution shall be certified to the board of elections of the | 83036 |
| proper county, which shall submit the proposal to the electors on | 83037 |
| the date specified in the resolution. The form of the ballot shall | 83038 |
| be as provided in section 5748.03 of the Revised Code. Publication | 83039 |
| of notice of the election shall be made in one or more newspapers | 83040 |
| of general circulation in the county once a week for two | 83041 |
| consecutive weeks prior to the election, and, if the board of | 83042 |
| elections operates and maintains a web site, the board of | 83043 |
| elections shall post notice of the election on its web site for | 83044 |
| thirty days prior to the election. The notice shall contain the | 83045 |
| time and place of the election and the question to be submitted to | 83046 |
| the electors. The question covered by the resolution shall be | 83047 |
| submitted as a separate proposition, but may be printed on the | 83048 |
| same ballot with any other proposition submitted at the same | 83049 |
| election, other than the election of officers. | 83050 |
| (D) No board of education shall submit the question of a tax | 83051 |
| on school district income to the electors of the district more | 83052 |
| than twice in any calendar year. If a board submits the question | 83053 |
| twice in any calendar year, one of the elections on the question | 83054 |
| shall be held on the date of the general election. | 83055 |
| (E)(1) No board of education may submit to the electors of | 83056 |
| the district the question of a tax on school district income on | 83057 |
| the taxable income of individuals as defined in division (E)(1)(b) | 83058 |
| of section 5748.01 of the Revised Code if that tax would be in | 83059 |
| addition to an existing tax on the taxable income of individuals | 83060 |
| and estates as defined in divisions (E)(1)(a) and (2) of that | 83061 |
| section. | 83062 |
| (2) No board of education may submit to the electors of the | 83063 |
| district the question of a tax on school district income on the | 83064 |
| taxable income of individuals and estates as defined in divisions | 83065 |
| (E)(1)(a) and (2) of section 5748.01 of the Revised Code if that | 83066 |
| tax would be in addition to an existing tax on the taxable income | 83067 |
| of individuals as defined in division (E)(1)(b) of that section. | 83068 |
| Sec. 5748.03. (A) The form of the ballot on a question | 83069 |
| submitted to the electors under section 5748.02 of the Revised | 83070 |
| Code shall be as follows: | 83071 |
| "Shall an annual income tax of ....... (state the proposed | 83072 |
| rate of tax) on the school district income of individuals and of | 83073 |
| estates be imposed by ....... (state the name of the school | 83074 |
| district), for ....... (state the number of years the tax would be | 83075 |
| levied, or that it would be levied for a continuing period of | 83076 |
| time), beginning ....... (state the date the tax would first take | 83077 |
| effect), for the purpose of ...... (state the purpose of the tax)? | 83078 |
| 83079 |
| FOR THE TAX | 83080 | ||||
| AGAINST THE TAX | " | 83081 |
| 83082 |
| (B)(1) If the question submitted to electors proposes a | 83083 |
| school district income tax only on the taxable income of | 83084 |
| individuals as defined in division (E)(1)(b) of section 5748.01 of | 83085 |
| the Revised Code, the form of the ballot shall be modified by | 83086 |
| stating that the tax is to be levied on the "earned income of | 83087 |
| individuals residing in the school district" in lieu of the | 83088 |
| "school district income of individuals and of estates." | 83089 |
| (2) If the question submitted to electors proposes to renew | 83090 |
| 83091 | |
| modified by adding the following language immediately after the | 83092 |
| name of the school district that would impose the tax: "to renew | 83093 |
| an income tax (or income taxes) expiring at the end of ........ | 83094 |
| (state the last year the existing income tax or taxes may be | 83095 |
| levied)." | 83096 |
| (3) If the question includes a proposal under division (B)(2) | 83097 |
| of section 5748.02 of the Revised Code to reduce the rate of one | 83098 |
| or more school district property taxes, the ballot shall state | 83099 |
| that the purpose of the school district income tax is for current | 83100 |
| expenses, and the form of the ballot shall be modified by adding | 83101 |
| the following language immediately after the statement of the | 83102 |
| purpose of the proposed income tax: ", and shall the rate of an | 83103 |
| existing tax on property, currently levied for the purpose of | 83104 |
| current expenses at the rate of ....... mills, be REDUCED to | 83105 |
| ....... mills until any such time as the income tax is repealed." | 83106 |
| In lieu of "for the tax" and "against the tax," the phrases "for | 83107 |
| the issue" and "against the issue," respectively, shall be used. | 83108 |
| If a board of education proposes a reduction in the rates of more | 83109 |
| than one tax, the ballot language shall be modified accordingly to | 83110 |
| express the rates at which those taxes currently are levied and | 83111 |
| the rates to which the taxes will be reduced. | 83112 |
| (C) The board of elections shall certify the results of the | 83113 |
| election to the board of education and to the tax commissioner. If | 83114 |
| a majority of the electors voting on the question vote in favor of | 83115 |
| it, the income tax, the applicable provisions of Chapter 5747. of | 83116 |
| the Revised Code, and the reduction in the rate or rates of | 83117 |
| existing property taxes if the question included such a reduction | 83118 |
| shall take effect on the date specified in the resolution. If the | 83119 |
| question approved by the voters includes a reduction in the rate | 83120 |
| of a school district property tax, the board of education shall | 83121 |
| not levy the tax at a rate greater than the rate to which the tax | 83122 |
| is reduced, unless the school district income tax is repealed in | 83123 |
| an election under section 5748.04 of the Revised Code. | 83124 |
| (D) If the rate at which a property tax is levied and | 83125 |
| collected is reduced pursuant to a question approved under this | 83126 |
| section, the tax commissioner shall compute the percentage | 83127 |
| required to be computed for that tax under division (D) of section | 83128 |
| 319.301 of the Revised Code each year the rate is reduced as if | 83129 |
| the tax had been levied in the preceding year at the rate at which | 83130 |
| it has been reduced. If the rate of a property tax increases due | 83131 |
| to the repeal of the school district income tax pursuant to | 83132 |
| section 5748.04 of the Revised Code, the tax commissioner, for the | 83133 |
| first year for which the rate increases, shall compute the | 83134 |
| percentage as if the tax in the preceding year had been levied at | 83135 |
| the rate at which the tax was authorized to be levied prior to any | 83136 |
| rate reduction. | 83137 |
| Sec. 5749.12. Any nonresident of this state who accepts the | 83138 |
| privilege extended by the laws of this state to nonresidents | 83139 |
| severing natural resources in this state, and any resident of this | 83140 |
|
state who subsequently becomes a nonresident or conceals | 83141 |
|
resident's
whereabouts, makes the secretary of state of Ohio | 83142 |
| the person's agent for the service of process or notice in any | 83143 |
| assessment, action or proceedings instituted in this state against | 83144 |
| such person under this chapter. | 83145 |
| Such process or notice shall be served | 83146 |
| 83147 | |
| 83148 | |
| 83149 | |
| 83150 | |
| 83151 | |
| 83152 | |
| 83153 | |
| 83154 | |
| 83155 | |
| provided under section 5703.37 of the Revised Code. | 83156 |
| Sec. 5751.01. As used in this chapter: | 83157 |
| (A) "Person" means, but is not limited to, individuals, | 83158 |
| combinations of individuals of any form, receivers, assignees, | 83159 |
| trustees in bankruptcy, firms, companies, joint-stock companies, | 83160 |
| business trusts, estates, partnerships, limited liability | 83161 |
| partnerships, limited liability companies, associations, joint | 83162 |
| ventures, clubs, societies, for-profit corporations, S | 83163 |
| corporations, qualified subchapter S subsidiaries, qualified | 83164 |
| subchapter S trusts, trusts, entities that are disregarded for | 83165 |
|
federal income tax purposes, and any other entities. | 83166 |
| 83167 | |
| 83168 |
| (B) "Consolidated elected taxpayer" means a group of two or | 83169 |
| more persons treated as a single taxpayer for purposes of this | 83170 |
| chapter as the result of an election made under section 5751.011 | 83171 |
| of the Revised Code. | 83172 |
| (C) "Combined taxpayer" means a group of two or more persons | 83173 |
| treated as a single taxpayer for purposes of this chapter under | 83174 |
| section 5751.012 of the Revised Code. | 83175 |
| (D) "Taxpayer" means any person, or any group of persons in | 83176 |
| the case of a consolidated elected taxpayer or combined taxpayer | 83177 |
| treated as one taxpayer, required to register or pay tax under | 83178 |
| this chapter. "Taxpayer" does not include excluded persons. | 83179 |
| (E) "Excluded person" means any of the following: | 83180 |
| (1) Any person with not more than one hundred fifty thousand | 83181 |
| dollars of taxable gross receipts during the calendar year. | 83182 |
| Division (E)(1) of this section does not apply to a person that is | 83183 |
|
a member of a | 83184 |
| 83185 |
| (2) A public utility that paid the excise tax imposed by | 83186 |
| section 5727.24 or 5727.30 of the Revised Code based on one or | 83187 |
| more measurement periods that include the entire tax period under | 83188 |
| this chapter, except that a public utility that is a combined | 83189 |
| company is a taxpayer with regard to the following gross receipts: | 83190 |
| (a) Taxable gross receipts directly attributed to a public | 83191 |
| utility activity, but not directly attributed to an activity that | 83192 |
| is subject to the excise tax imposed by section 5727.24 or 5727.30 | 83193 |
| of the Revised Code; | 83194 |
| (b) Taxable gross receipts that cannot be directly attributed | 83195 |
| to any activity, multiplied by a fraction whose numerator is the | 83196 |
| taxable gross receipts described in division (E)(2)(a) of this | 83197 |
| section and whose denominator is the total taxable gross receipts | 83198 |
| that can be directly attributed to any activity; | 83199 |
| (c) Except for any differences resulting from the use of an | 83200 |
| accrual basis method of accounting for purposes of determining | 83201 |
| gross receipts under this chapter and the use of the cash basis | 83202 |
| method of accounting for purposes of determining gross receipts | 83203 |
| under section 5727.24 of the Revised Code, the gross receipts | 83204 |
| directly attributed to the activity of a natural gas company shall | 83205 |
| be determined in a manner consistent with division (D) of section | 83206 |
| 5727.03 of the Revised Code. | 83207 |
| As used in division (E)(2) of this section, "combined | 83208 |
| company" and "public utility" have the same meanings as in section | 83209 |
| 5727.01 of the Revised Code. | 83210 |
| (3) A financial institution, as defined in section 5725.01 of | 83211 |
| the Revised Code, that paid the corporation franchise tax charged | 83212 |
| by division (D) of section 5733.06 of the Revised Code based on | 83213 |
| one or more taxable years that include the entire tax period under | 83214 |
| this chapter; | 83215 |
| (4) A dealer in intangibles, as defined in section 5725.01 of | 83216 |
| the Revised Code, that paid the dealer in intangibles tax levied | 83217 |
| by division (D) of section 5707.03 of the Revised Code based on | 83218 |
| one or more measurement periods that include the entire tax period | 83219 |
| under this chapter; | 83220 |
| (5) A financial holding company as defined in the "Bank | 83221 |
| Holding Company Act," 12 U.S.C. 1841(p); | 83222 |
| (6) A bank holding company as defined in the "Bank Holding | 83223 |
| Company Act," 12 U.S.C. 1841(a); | 83224 |
| (7) A savings and loan holding company as defined in the | 83225 |
| "Home Owners Loan Act," 12 U.S.C. 1467a(a)(1)(D) that is engaging | 83226 |
| only in activities or investments permissible for a financial | 83227 |
| holding company under 12 U.S.C. 1843(k); | 83228 |
| (8) A person directly or indirectly owned by one or more | 83229 |
| financial institutions, financial holding companies, bank holding | 83230 |
| companies, or savings and loan holding companies described in | 83231 |
| division (E)(3), (5), (6), or (7) of this section that is engaged | 83232 |
| in activities permissible for a financial holding company under 12 | 83233 |
| U.S.C. 1843(k), except that any such person held pursuant to | 83234 |
| merchant banking authority under 12 U.S.C. 1843(k)(4)(H) or 12 | 83235 |
| U.S.C. 1843(k)(4)(I) is not an excluded person, or a person | 83236 |
| directly or indirectly owned by one or more insurance companies | 83237 |
| described in division (E)(9) of this section that is authorized to | 83238 |
| do the business of insurance in this state. | 83239 |
| For the purposes of division (E)(8) of this section, a person | 83240 |
| owns another person under the following circumstances: | 83241 |
| (a) In the case of corporations issuing capital stock, one | 83242 |
| corporation owns another corporation if it owns fifty per cent or | 83243 |
| more of the other corporation's capital stock with current voting | 83244 |
| rights; | 83245 |
| (b) In the case of a limited liability company, one person | 83246 |
| owns the company if that person's membership interest, as defined | 83247 |
| in section 1705.01 of the Revised Code, is fifty per cent or more | 83248 |
| of the combined membership interests of all persons owning such | 83249 |
| interests in the company; | 83250 |
| (c) In the case of a partnership, trust, or other | 83251 |
| unincorporated business organization other than a limited | 83252 |
| liability company, one person owns the organization if, under the | 83253 |
| articles of organization or other instrument governing the affairs | 83254 |
| of the organization, that person has a beneficial interest in the | 83255 |
| organization's profits, surpluses, losses, or distributions of | 83256 |
| fifty per cent or more of the combined beneficial interests of all | 83257 |
| persons having such an interest in the organization; | 83258 |
| (d) In the case of multiple ownership, the ownership | 83259 |
| interests of more than one person may be aggregated to meet the | 83260 |
| fifty per cent ownership tests in this division only when each | 83261 |
| such owner is described in division (E)(3), (5), (6), or (7) of | 83262 |
| this section and is engaged in activities permissible for a | 83263 |
| financial holding company under 12 U.S.C. 1843(k) or is a person | 83264 |
| directly or indirectly owned by one or more insurance companies | 83265 |
| described in division (E)(9) of this section that is authorized to | 83266 |
| do the business of insurance in this state. | 83267 |
| (9) A domestic insurance company or foreign insurance | 83268 |
| company, as defined in section 5725.01 of the Revised Code, that | 83269 |
| paid the insurance company premiums tax imposed by section 5725.18 | 83270 |
| or Chapter 5729. of the Revised Code based on one or more | 83271 |
| measurement periods that include the entire tax period under this | 83272 |
| chapter; | 83273 |
| (10) A person that solely facilitates or services one or more | 83274 |
| securitizations or similar transactions for any person described | 83275 |
| in division (E)(3), (5), (6), (7), (8), or (9) of this section. | 83276 |
| For purposes of this division, "securitization" means transferring | 83277 |
| one or more assets to one or more persons and then issuing | 83278 |
| securities backed by the right to receive payment from the asset | 83279 |
| or assets so transferred. | 83280 |
| (11) Except as otherwise provided in this division, a | 83281 |
| pre-income tax trust as defined in division (FF)(4) of section | 83282 |
| 5747.01 of the Revised Code and any pass-through entity of which | 83283 |
| such pre-income tax trust owns or controls, directly, indirectly, | 83284 |
| or constructively through related interests, more than five per | 83285 |
| cent of the ownership or equity interests. If the pre-income tax | 83286 |
| trust has made a qualifying pre-income tax trust election under | 83287 |
| division (FF)(3) of section 5747.01 of the Revised Code, then the | 83288 |
| trust and the pass-through entities of which it owns or controls, | 83289 |
| directly, indirectly, or constructively through related interests, | 83290 |
| more than five per cent of the ownership or equity interests, | 83291 |
| shall not be excluded persons for purposes of the tax imposed | 83292 |
| under section 5751.02 of the Revised Code. | 83293 |
| (12) Nonprofit organizations or the state and its agencies, | 83294 |
| instrumentalities, or political subdivisions. | 83295 |
| (F) Except as otherwise provided in divisions (F)(2), (3), | 83296 |
| and (4) of this section, "gross receipts" means the total amount | 83297 |
| realized by a person, without deduction for the cost of goods sold | 83298 |
| or other expenses incurred, that contributes to the production of | 83299 |
| gross income of the person, including the fair market value of any | 83300 |
| property and any services received, and any debt transferred or | 83301 |
| forgiven as consideration. | 83302 |
| (1) The following are examples of gross receipts: | 83303 |
| (a) Amounts realized from the sale, exchange, or other | 83304 |
| disposition of the taxpayer's property to or with another; | 83305 |
| (b) Amounts realized from the taxpayer's performance of | 83306 |
| services for another; | 83307 |
| (c) Amounts realized from another's use or possession of the | 83308 |
| taxpayer's property or capital; | 83309 |
| (d) Any combination of the foregoing amounts. | 83310 |
| (2) "Gross receipts" excludes the following amounts: | 83311 |
| (a) Interest income except interest on credit sales; | 83312 |
| (b) Dividends and distributions from corporations, and | 83313 |
| distributive or proportionate shares of receipts and income from a | 83314 |
| pass-through entity as defined under section 5733.04 of the | 83315 |
| Revised Code; | 83316 |
| (c) Receipts from the sale, exchange, or other disposition of | 83317 |
| an asset described in section 1221 or 1231 of the Internal Revenue | 83318 |
| Code, without regard to the length of time the person held the | 83319 |
| asset. Notwithstanding section 1221 of the Internal Revenue Code, | 83320 |
| receipts from hedging transactions also are excluded to the extent | 83321 |
| the transactions are entered into primarily to protect a financial | 83322 |
| position, such as managing the risk of exposure to (i) foreign | 83323 |
| currency fluctuations that affect assets, liabilities, profits, | 83324 |
| losses, equity, or investments in foreign operations; (ii) | 83325 |
| interest rate fluctuations; or (iii) commodity price fluctuations. | 83326 |
| As used in division (F)(2)(c) of this section, "hedging | 83327 |
| transaction" has the same meaning as used in section 1221 of the | 83328 |
| Internal Revenue Code and also includes transactions accorded | 83329 |
| hedge accounting treatment under statement of financial accounting | 83330 |
| standards number 133 of the financial accounting standards board. | 83331 |
| For the purposes of division (F)(2)(c) of this section, the actual | 83332 |
| transfer of title of real or tangible personal property to another | 83333 |
| entity is not a hedging transaction. | 83334 |
| (d) Proceeds received attributable to the repayment, | 83335 |
| maturity, or redemption of the principal of a loan, bond, mutual | 83336 |
| fund, certificate of deposit, or marketable instrument; | 83337 |
| (e) The principal amount received under a repurchase | 83338 |
| agreement or on account of any transaction properly characterized | 83339 |
| as a loan to the person; | 83340 |
| (f) Contributions received by a trust, plan, or other | 83341 |
| arrangement, any of which is described in section 501(a) of the | 83342 |
| Internal Revenue Code, or to which Title 26, Subtitle A, Chapter | 83343 |
| 1, Subchapter (D) of the Internal Revenue Code applies; | 83344 |
| (g) Compensation, whether current or deferred, and whether in | 83345 |
| cash or in kind, received or to be received by an employee, former | 83346 |
| employee, or the employee's legal successor for services rendered | 83347 |
| to or for an employer, including reimbursements received by or for | 83348 |
| an individual for medical or education expenses, health insurance | 83349 |
| premiums, or employee expenses, or on account of a dependent care | 83350 |
| spending account, legal services plan, any cafeteria plan | 83351 |
| described in section 125 of the Internal Revenue Code, or any | 83352 |
| similar employee reimbursement; | 83353 |
| (h) Proceeds received from the issuance of the taxpayer's own | 83354 |
| stock, options, warrants, puts, or calls, or from the sale of the | 83355 |
| taxpayer's treasury stock; | 83356 |
| (i) Proceeds received on the account of payments from | 83357 |
| insurance policies, except those proceeds received for the loss of | 83358 |
| business revenue; | 83359 |
| (j) Gifts or charitable contributions received | 83360 |
|
dues received | 83361 |
| associations; and payments received for educational courses, | 83362 |
| meetings, meals, or similar payments to a trade, professional, or | 83363 |
| other similar association; and fundraising receipts received by | 83364 |
| any person when any excess receipts are donated or used | 83365 |
|
exclusively for charitable purposes | 83366 |
| 83367 | |
| 83368 |
| (k) Damages received as the result of litigation in excess of | 83369 |
| amounts that, if received without litigation, would be gross | 83370 |
| receipts; | 83371 |
| (l) Property, money, and other amounts received or acquired | 83372 |
| by an agent on behalf of another in excess of the agent's | 83373 |
| commission, fee, or other remuneration; | 83374 |
| (m) Tax refunds, other tax benefit recoveries, and | 83375 |
| reimbursements for the tax imposed under this chapter made by | 83376 |
| entities that are part of the same combined taxpayer or | 83377 |
| consolidated elected taxpayer group, and reimbursements made by | 83378 |
| entities that are not members of a combined taxpayer or | 83379 |
| consolidated elected taxpayer group that are required to be made | 83380 |
| for economic parity among multiple owners of an entity whose tax | 83381 |
| obligation under this chapter is required to be reported and paid | 83382 |
| entirely by one owner, pursuant to the requirements of sections | 83383 |
| 5751.011 and 5751.012 of the Revised Code; | 83384 |
| (n) Pension reversions; | 83385 |
| (o) Contributions to capital; | 83386 |
| (p) Sales or use taxes collected as a vendor or an | 83387 |
| out-of-state seller on behalf of the taxing jurisdiction from a | 83388 |
| consumer or other taxes the taxpayer is required by law to collect | 83389 |
| directly from a purchaser and remit to a local, state, or federal | 83390 |
| tax authority; | 83391 |
| (q) In the case of receipts from the sale of cigarettes or | 83392 |
| tobacco products by a wholesale dealer, retail dealer, | 83393 |
| distributor, manufacturer, or seller, all as defined in section | 83394 |
| 5743.01 of the Revised Code, an amount equal to the federal and | 83395 |
| state excise taxes paid by any person on or for such cigarettes or | 83396 |
| tobacco products under subtitle E of the Internal Revenue Code or | 83397 |
| Chapter 5743. of the Revised Code; | 83398 |
| (r) In the case of receipts from the sale of motor fuel by a | 83399 |
| licensed motor fuel dealer, licensed retail dealer, or licensed | 83400 |
| permissive motor fuel dealer, all as defined in section 5735.01 of | 83401 |
| the Revised Code, an amount equal to federal and state excise | 83402 |
| taxes paid by any person on such motor fuel under section 4081 of | 83403 |
| the Internal Revenue Code or Chapter 5735. of the Revised Code; | 83404 |
| (s) In the case of receipts from the sale of beer or | 83405 |
| intoxicating liquor, as defined in section 4301.01 of the Revised | 83406 |
| Code, by a person holding a permit issued under Chapter 4301. or | 83407 |
| 4303. of the Revised Code, an amount equal to federal and state | 83408 |
| excise taxes paid by any person on or for such beer or | 83409 |
| intoxicating liquor under subtitle E of the Internal Revenue Code | 83410 |
| or Chapter 4301. or 4305. of the Revised Code; | 83411 |
| (t) Receipts realized by a new motor vehicle dealer or used | 83412 |
| motor vehicle dealer, as defined in section 4517.01 of the Revised | 83413 |
| Code, from the sale or other transfer of a motor vehicle, as | 83414 |
| defined in that section, to another motor vehicle dealer for the | 83415 |
| purpose of resale by the transferee motor vehicle dealer, but only | 83416 |
| if the sale or other transfer was based upon the transferee's need | 83417 |
| to meet a specific customer's preference for a motor vehicle; | 83418 |
| (u) Receipts from a financial institution described in | 83419 |
| division (E)(3) of this section for services provided to the | 83420 |
| financial institution in connection with the issuance, processing, | 83421 |
| servicing, and management of loans or credit accounts, if such | 83422 |
| financial institution and the recipient of such receipts have at | 83423 |
| least fifty per cent of their ownership interests owned or | 83424 |
| controlled, directly or constructively through related interests, | 83425 |
| by common owners; | 83426 |
| (v) Receipts realized from administering anti-neoplastic | 83427 |
| drugs and other cancer chemotherapy, biologicals, therapeutic | 83428 |
| agents, and supportive drugs in a physician's office to patients | 83429 |
| with cancer; | 83430 |
| (w) Funds received or used by a mortgage broker that is not a | 83431 |
| dealer in intangibles, other than fees or other consideration, | 83432 |
| pursuant to a table-funding mortgage loan or warehouse-lending | 83433 |
| mortgage loan. Terms used in division (F)(2)(w) of this section | 83434 |
| have the same meanings as in section 1322.01 of the Revised Code, | 83435 |
| except "mortgage broker" means a person assisting a buyer in | 83436 |
| obtaining a mortgage loan for a fee or other consideration paid by | 83437 |
| the buyer or a lender, or a person engaged in table-funding or | 83438 |
| warehouse-lending mortgage loans that are first lien mortgage | 83439 |
| loans. | 83440 |
| (x) Property, money, and other amounts received by a | 83441 |
| professional employer organization, as defined in section 4125.01 | 83442 |
| of the Revised Code, from a client employer, as defined in that | 83443 |
| section, in excess of the administrative fee charged by the | 83444 |
| professional employer organization to the client employer; | 83445 |
| (y) In the case of amounts retained as commissions by a | 83446 |
| permit holder under Chapter 3769. of the Revised Code, an amount | 83447 |
| equal to the amounts specified under that chapter that must be | 83448 |
| paid to or collected by the tax commissioner as a tax and the | 83449 |
| amounts specified under that chapter to be used as purse money; | 83450 |
| (z) Qualifying distribution center receipts. | 83451 |
| (i) For purposes of division (F)(2)(z) of this section: | 83452 |
| (I) "Qualifying distribution center receipts" means receipts | 83453 |
| of a supplier from qualified property that is delivered to a | 83454 |
| qualified distribution center, multiplied by a quantity that | 83455 |
| equals one minus the Ohio delivery percentage. | 83456 |
| (II) "Qualified property" means tangible personal property | 83457 |
| delivered to a qualified distribution center that is shipped to | 83458 |
| that qualified distribution center solely for further shipping by | 83459 |
| the qualified distribution center to another location in this | 83460 |
| state or elsewhere. "Further shipping" includes storing and | 83461 |
| repackaging such property into smaller or larger bundles, so long | 83462 |
| as such property is not subject to further manufacturing or | 83463 |
| processing. | 83464 |
| (III) "Qualified distribution center" means a warehouse or | 83465 |
| other similar facility in this state that, for the qualifying | 83466 |
| year, is operated by a person that is not part of a combined | 83467 |
| taxpayer group and that has a qualifying certificate. However, all | 83468 |
| warehouses or other similar facilities that are operated by | 83469 |
| persons in the same taxpayer group and that are located within one | 83470 |
| mile of each other shall be treated as one qualified distribution | 83471 |
| center. | 83472 |
| (IV) "Qualifying year" means the calendar year to which the | 83473 |
| qualifying certificate applies. | 83474 |
| (V) "Qualifying period" means the period of the first day of | 83475 |
| July of the second year preceding the qualifying year through the | 83476 |
| thirtieth day of June of the year preceding the qualifying year. | 83477 |
| (VI) "Qualifying certificate" means the certificate issued by | 83478 |
| the tax commissioner after the operator of a distribution center | 83479 |
|
files an annual application | 83480 |
| 83481 | |
| 83482 | |
| 83483 | |
| 83484 | |
| 83485 | |
| commissioner. The application and annual fee shall be filed and | 83486 |
| paid for each qualified distribution center on or before the first | 83487 |
| day of September before the qualifying year or within forty-five | 83488 |
| days after the distribution center opens, whichever is later. | 83489 |
| The applicant must substantiate to the commissioner's | 83490 |
| satisfaction that, for the qualifying period, all persons | 83491 |
| operating the distribution center have more than fifty per cent of | 83492 |
| the cost of the qualified property shipped to a location such that | 83493 |
| it would be sitused outside this state under the provisions of | 83494 |
| division (E) of section 5751.033 of the Revised Code. The | 83495 |
| applicant must also substantiate that the distribution center | 83496 |
| cumulatively had costs from its suppliers equal to or exceeding | 83497 |
| five hundred million dollars during the qualifying period. (For | 83498 |
| purposes of division (F)(2)(z)(i)(VI) of this section, "supplier" | 83499 |
| excludes any person that is part of the consolidated elected | 83500 |
| taxpayer group, if applicable, of the operator of the qualified | 83501 |
| distribution center.) The commissioner may require the applicant | 83502 |
| to have an independent certified public accountant certify that | 83503 |
| the calculation of the minimum thresholds required for a qualified | 83504 |
| distribution center by the operator of a distribution center has | 83505 |
| been made in accordance with generally accepted accounting | 83506 |
| principles. The commissioner shall issue or deny the issuance of a | 83507 |
| certificate within sixty days after the receipt of the | 83508 |
| application. A denial is subject to appeal under section 5717.02 | 83509 |
| of the Revised Code. If the operator files a timely appeal under | 83510 |
| section 5717.02 of the Revised Code, the operator shall be granted | 83511 |
| a qualifying certificate, provided that the operator is liable for | 83512 |
| any tax, interest, or penalty upon amounts claimed as qualifying | 83513 |
| distribution center receipts, other than those receipts exempt | 83514 |
| under division (C)(1) of section 5751.011 of the Revised Code, | 83515 |
| that would have otherwise not been owed by its suppliers if the | 83516 |
| qualifying certificate was valid. | 83517 |
| (VII) "Ohio delivery percentage" means the proportion of the | 83518 |
| total property delivered to a destination inside Ohio from the | 83519 |
| qualified distribution center during the qualifying period | 83520 |
| compared with total deliveries from such distribution center | 83521 |
| everywhere during the qualifying period. | 83522 |
| (ii) If the distribution center is new and was not open for | 83523 |
| the entire qualifying period, the operator of the distribution | 83524 |
| center may request that the commissioner grant a qualifying | 83525 |
| certificate. If the certificate is granted and it is later | 83526 |
| determined that more than fifty per cent of the qualified property | 83527 |
| during that year was not shipped to a location such that it would | 83528 |
| be sitused outside of this state under the provisions of division | 83529 |
| (E) of section 5751.033 of the Revised Code or if it is later | 83530 |
| determined that the person that operates the distribution center | 83531 |
| had average monthly costs from its suppliers of less than forty | 83532 |
| million dollars during that year, then the operator of the | 83533 |
| distribution center shall be liable for any tax, interest, or | 83534 |
| penalty upon amounts claimed as qualifying distribution center | 83535 |
| receipts, other than those receipts exempt under division (C)(1) | 83536 |
| of section 5751.011 of the Revised Code, that would have not | 83537 |
| otherwise been owed by its suppliers during the qualifying year if | 83538 |
| the qualifying certificate was valid. (For purposes of division | 83539 |
| (F)(2)(z)(ii) of this section, "supplier" excludes any person that | 83540 |
| is part of the consolidated elected taxpayer group, if applicable, | 83541 |
| of the operator of the qualified distribution center.) | 83542 |
| (iii) When filing an application for a qualifying certificate | 83543 |
| under division (F)(2)(z)(i)(VI) of this section, the operator of a | 83544 |
| qualified distribution center also shall provide documentation, as | 83545 |
| the commissioner requires, for the commissioner to ascertain the | 83546 |
| Ohio delivery percentage. The commissioner, upon issuing the | 83547 |
| qualifying certificate, also shall certify the Ohio delivery | 83548 |
| percentage. The operator of the qualified distribution center may | 83549 |
| appeal the commissioner's certification of the Ohio delivery | 83550 |
| percentage in the same manner as an appeal is taken from the | 83551 |
| denial of a qualifying certificate under division (F)(2)(z)(i)(VI) | 83552 |
| of this section. | 83553 |
| Within thirty days after all appeals have been exhausted, the | 83554 |
| operator of the qualified distribution center shall notify the | 83555 |
| affected suppliers of qualified property that such suppliers are | 83556 |
| required to file, within sixty days after receiving notice from | 83557 |
| the operator of the qualified distribution center, amended reports | 83558 |
| for the impacted calendar quarter or quarters or calendar year, | 83559 |
| whichever the case may be. Any additional tax liability or tax | 83560 |
| overpayment shall be subject to interest but shall not be subject | 83561 |
| to the imposition of any penalty so long as the amended returns | 83562 |
| are timely filed. The supplier of tangible personal property | 83563 |
| delivered to the qualified distribution center shall include in | 83564 |
| its report of taxable gross receipts the receipts from the total | 83565 |
| sales of property delivered to the qualified distribution center | 83566 |
| for the calendar quarter or calendar year, whichever the case may | 83567 |
| be, multiplied by the Ohio delivery percentage for the qualifying | 83568 |
| year. Nothing in division (F)(2)(z)(iii) of this section shall be | 83569 |
| construed as imposing liability on the operator of a qualified | 83570 |
| distribution center for the tax imposed by this chapter arising | 83571 |
| from any change to the Ohio delivery percentage. | 83572 |
| (iv) In the case where the distribution center is new and not | 83573 |
| open for the entire qualifying period, the operator shall make a | 83574 |
| good faith estimate of an Ohio delivery percentage for use by | 83575 |
| suppliers in their reports of taxable gross receipts for the | 83576 |
| remainder of the qualifying period. The operator of the facility | 83577 |
| shall disclose to the suppliers that such Ohio delivery percentage | 83578 |
| is an estimate and is subject to recalculation. By the due date of | 83579 |
| the next application for a qualifying certificate, the operator | 83580 |
| shall determine the actual Ohio delivery percentage for the | 83581 |
| estimated qualifying period and proceed as provided in division | 83582 |
| (F)(2)(z)(iii) of this section with respect to the calculation and | 83583 |
| recalculation of the Ohio delivery percentage. The supplier is | 83584 |
| required to file, within sixty days after receiving notice from | 83585 |
| the operator of the qualified distribution center, amended reports | 83586 |
| for the impacted calendar quarter or quarters or calendar year, | 83587 |
| whichever the case may be. Any additional tax liability or tax | 83588 |
| overpayment shall be subject to interest but shall not be subject | 83589 |
| to the imposition of any penalty so long as the amended returns | 83590 |
| are timely filed. | 83591 |
| (v) Qualifying certificates and Ohio delivery percentages | 83592 |
| issued by the commissioner shall be open to public inspection and | 83593 |
| shall be timely published by the commissioner. A supplier relying | 83594 |
| in good faith on a certificate issued under this division shall | 83595 |
| not be subject to tax on the qualifying distribution center | 83596 |
| receipts under division (F)(2)(z) of this section. A person | 83597 |
| receiving a qualifying certificate is responsible for paying the | 83598 |
| tax, interest, and penalty upon amounts claimed as qualifying | 83599 |
| distribution center receipts that would not otherwise have been | 83600 |
| owed by the supplier if the qualifying certificate were available | 83601 |
| when it is later determined that the qualifying certificate should | 83602 |
| not have been issued because the statutory requirements were in | 83603 |
| fact not met. | 83604 |
| (vi) The annual fee for a qualifying certificate shall be one | 83605 |
| hundred thousand dollars for each qualified distribution center. | 83606 |
| If a qualifying certificate is not issued, the annual fee is | 83607 |
| subject to refund after the exhaustion of all appeals provided for | 83608 |
| in division (F)(2)(z)(i)(VI) of this section. The fee imposed | 83609 |
| under this division may be assessed in the same manner as the tax | 83610 |
| imposed under this chapter. The first one hundred thousand dollars | 83611 |
| of the annual application fees collected each calendar year shall | 83612 |
| be credited to the commercial activity tax administrative fund. | 83613 |
| The remainder of the annual application fees collected shall be | 83614 |
| distributed in the same manner required under section 5751.20 of | 83615 |
| the Revised Code. | 83616 |
| (vii) The tax commissioner may require that adequate security | 83617 |
| be posted by the operator of the distribution center on appeal | 83618 |
| when the commissioner disagrees that the applicant has met the | 83619 |
| minimum thresholds for a qualified distribution center as set | 83620 |
| forth in divisions (F)(2)(z)(i)(VI) and (F)(2)(z)(ii) of this | 83621 |
| section. | 83622 |
| (aa) Receipts of an employer from payroll deductions relating | 83623 |
| to the reimbursement of the employer for advancing moneys to an | 83624 |
| unrelated third party on an employee's behalf; | 83625 |
| (bb) Cash discounts allowed and taken; | 83626 |
| (cc) Returns and allowances; | 83627 |
| (dd) Bad debts from receipts on the basis of which the tax | 83628 |
| imposed by this chapter was paid in a prior quarterly tax payment | 83629 |
| period. For the purpose of this division, "bad debts" means any | 83630 |
| debts that have become worthless or uncollectible between the | 83631 |
| preceding and current quarterly tax payment periods, have been | 83632 |
| uncollected for at least six months, and that may be claimed as a | 83633 |
| deduction under section 166 of the Internal Revenue Code and the | 83634 |
| regulations adopted under that section, or that could be claimed | 83635 |
| as such if the taxpayer kept its accounts on the accrual basis. | 83636 |
| "Bad debts" does not include repossessed property, uncollectible | 83637 |
| amounts on property that remains in the possession of the taxpayer | 83638 |
| until the full purchase price is paid, or expenses in attempting | 83639 |
| to collect any account receivable or for any portion of the debt | 83640 |
| recovered; | 83641 |
| (ee) Any amount realized from the sale of an account | 83642 |
| receivable to the extent the receipts from the underlying | 83643 |
| transaction giving rise to the account receivable were included in | 83644 |
| the gross receipts of the taxpayer; | 83645 |
| (ff) Any receipts for which the tax imposed by this chapter | 83646 |
| is prohibited by the Constitution or laws of the United States or | 83647 |
| the Constitution of Ohio. | 83648 |
| (3) In the case of a taxpayer when acting as a real estate | 83649 |
| broker, "gross receipts" includes only the portion of any fee for | 83650 |
| the service of a real estate broker, or service of a real estate | 83651 |
| salesperson associated with that broker, that is retained by the | 83652 |
| broker and not paid to an associated real estate salesperson or | 83653 |
| another real estate broker. For the purposes of this division, | 83654 |
| "real estate broker" and "real estate salesperson" have the same | 83655 |
| meanings as in section 4735.01 of the Revised Code. | 83656 |
| (4) A taxpayer's method of accounting for gross receipts for | 83657 |
| a tax period shall be the same as the taxpayer's method of | 83658 |
| accounting for federal income tax purposes for the taxpayer's | 83659 |
| federal taxable year that includes the tax period. If a taxpayer's | 83660 |
| method of accounting for federal income tax purposes changes, its | 83661 |
| method of accounting for gross receipts under this chapter shall | 83662 |
| be changed accordingly. | 83663 |
| | 83664 |
| 83665 | |
| 83666 | |
| 83667 |
| | 83668 |
| | 83669 |
| | 83670 |
| 83671 | |
| 83672 | |
| 83673 | |
| 83674 | |
| 83675 | |
| 83676 | |
| 83677 | |
| 83678 | |
| 83679 | |
| 83680 | |
| 83681 |
| | 83682 |
| 83683 | |
| 83684 | |
| 83685 |
| (G) "Taxable gross receipts" means gross receipts sitused to | 83686 |
| this state under section 5751.033 of the Revised Code. | 83687 |
| (H) A person has "substantial nexus with this state" if any | 83688 |
| of the following applies. The person: | 83689 |
| (1) Owns or uses a part or all of its capital in this state; | 83690 |
| (2) Holds a certificate of compliance with the laws of this | 83691 |
| state authorizing the person to do business in this state; | 83692 |
| (3) Has bright-line presence in this state; | 83693 |
| (4) Otherwise has nexus with this state to an extent that the | 83694 |
| person can be required to remit the tax imposed under this chapter | 83695 |
| under the Constitution of the United States. | 83696 |
| (I) A person has "bright-line presence" in this state for a | 83697 |
| reporting period and for the remaining portion of the calendar | 83698 |
| year if any of the following applies. The person: | 83699 |
| (1) Has at any time during the calendar year property in this | 83700 |
| state with an aggregate value of at least fifty thousand dollars. | 83701 |
| For the purpose of division (I)(1) of this section, owned property | 83702 |
| is valued at original cost and rented property is valued at eight | 83703 |
| times the net annual rental charge. | 83704 |
| (2) Has during the calendar year payroll in this state of at | 83705 |
| least fifty thousand dollars. Payroll in this state includes all | 83706 |
| of the following: | 83707 |
| (a) Any amount subject to withholding by the person under | 83708 |
| section 5747.06 of the Revised Code; | 83709 |
| (b) Any other amount the person pays as compensation to an | 83710 |
| individual under the supervision or control of the person for work | 83711 |
| done in this state; and | 83712 |
| (c) Any amount the person pays for services performed in this | 83713 |
| state on its behalf by another. | 83714 |
| (3) Has during the calendar year taxable gross receipts of | 83715 |
| at least five hundred thousand dollars. | 83716 |
| (4) Has at any time during the calendar year within this | 83717 |
| state at least twenty-five per cent of the person's total | 83718 |
| property, total payroll, or total gross receipts. | 83719 |
| (5) Is domiciled in this state as an individual or for | 83720 |
| corporate, commercial, or other business purposes. | 83721 |
| (J) "Tangible personal property" has the same meaning as in | 83722 |
| section 5739.01 of the Revised Code. | 83723 |
| (K) "Internal Revenue Code" means the Internal Revenue Code | 83724 |
| of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. Any term used in | 83725 |
| this chapter that is not otherwise defined has the same meaning as | 83726 |
| when used in a comparable context in the laws of the United States | 83727 |
| relating to federal income taxes unless a different meaning is | 83728 |
| clearly required. Any reference in this chapter to the Internal | 83729 |
| Revenue Code includes other laws of the United States relating to | 83730 |
| federal income taxes. | 83731 |
| (L) "Calendar quarter" means a three-month period ending on | 83732 |
| the thirty-first day of March, the thirtieth day of June, the | 83733 |
| thirtieth day of September, or the thirty-first day of December. | 83734 |
| (M) "Tax period" means the calendar quarter or calendar year | 83735 |
| on the basis of which a taxpayer is required to pay the tax | 83736 |
| imposed under this chapter. | 83737 |
| (N) "Calendar year taxpayer" means a taxpayer for which the | 83738 |
| tax period is a calendar year. | 83739 |
| (O) "Calendar quarter taxpayer" means a taxpayer for which | 83740 |
| the tax period is a calendar quarter. | 83741 |
| (P) "Agent" means a person authorized by another person to | 83742 |
| act on its behalf to undertake a transaction for the other, | 83743 |
| including any of the following: | 83744 |
| (1) A person receiving a fee to sell financial instruments; | 83745 |
| (2) A person retaining only a commission from a transaction | 83746 |
| with the other proceeds from the transaction being remitted to | 83747 |
| another person; | 83748 |
| (3) A person issuing licenses and permits under section | 83749 |
| 1533.13 of the Revised Code; | 83750 |
| (4) A lottery sales agent holding a valid license issued | 83751 |
| under section 3770.05 of the Revised Code; | 83752 |
| (5) A person acting as an agent of the division of liquor | 83753 |
| control under section 4301.17 of the Revised Code. | 83754 |
| (Q) "Received" includes amounts accrued under the accrual | 83755 |
| method of accounting. | 83756 |
| (R) "Reporting person" means a person in a consolidated | 83757 |
| elected taxpayer or combined taxpayer group that is designated by | 83758 |
| that group to legally bind the group for all filings and tax | 83759 |
| liabilities and to receive all legal notices with respect to | 83760 |
| matters under this chapter, or, for the purposes of section | 83761 |
| 5751.04 of the Revised Code, a separate taxpayer that is not a | 83762 |
| member of such a group. | 83763 |
| Sec. 5751.011. (A) A group of two or more persons may elect | 83764 |
| to be a consolidated elected taxpayer for the purposes of this | 83765 |
| chapter if the group satisfies all of the following requirements: | 83766 |
| (1) The group elects to include all persons, including | 83767 |
| persons enumerated in divisions (E)(2) to (10) of section 5751.01 | 83768 |
| of the Revised Code, having at least eighty per cent, or having at | 83769 |
| least fifty per cent, of the value of their ownership interests | 83770 |
| owned or controlled, directly or constructively through related | 83771 |
| interests, by common owners during all or any portion of the tax | 83772 |
|
period, together with the common owners. | 83773 |
| A group making its initial election on the basis of the | 83774 |
| eighty per cent ownership test may change its election so that its | 83775 |
| consolidated elected taxpayer group is formed on the basis of the | 83776 |
| fifty per cent ownership test if all of the following are | 83777 |
| satisfied: | 83778 |
| (a) When the initial election was made, the group did not | 83779 |
| have any persons satisfying the fifty per cent ownership test; | 83780 |
| (b) One or more of the persons in the initial group | 83781 |
| subsequently acquires ownership interests in a person such that | 83782 |
| the fifty per cent ownership test is satisfied, the eighty per | 83783 |
| cent ownership test is not satisfied, and the acquired person | 83784 |
| would be required to be included in a combined taxpayer group | 83785 |
| under section 5751.012 of the Revised Code; | 83786 |
| (c) The group requests the change in a written request to the | 83787 |
| tax commissioner on or before the due date for filing the first | 83788 |
| return due under section 5751.051 of the Revised Code after the | 83789 |
| date of the acquisition; | 83790 |
| (d) The group has not previously changed its election. | 83791 |
| At the election of the group, all entities that are not | 83792 |
| incorporated or formed under the laws of a state or of the United | 83793 |
| States and that meet the consolidated elected ownership test | 83794 |
| shall either be included in the group or all shall be excluded | 83795 |
|
from the group. | 83796 |
| does not include any such entities that meet the consolidated | 83797 |
| elected ownership test, the group shall elect to either include or | 83798 |
| exclude the newly acquired entities before the due date of the | 83799 |
| first return due after the date of the acquisition. | 83800 |
| Each group shall notify the tax commissioner of the foregoing | 83801 |
|
elections before the due date of the return | 83802 |
| 83803 | |
| becomes binding. If fifty per cent of the value of a person's | 83804 |
| ownership interests is owned or controlled by each of two | 83805 |
| consolidated elected taxpayer groups formed under the fifty per | 83806 |
| cent ownership or control test, that person is a member of each | 83807 |
| group for the purposes of this section, and each group shall | 83808 |
| include in the group's taxable gross receipts fifty per cent of | 83809 |
| that person's taxable gross receipts. Otherwise, all of that | 83810 |
| person's taxable gross receipts shall be included in the taxable | 83811 |
| gross receipts of the consolidated elected taxpayer group of which | 83812 |
| the person is a member. In no event shall the ownership or control | 83813 |
| of fifty per cent of the value of a person's ownership interests | 83814 |
| by two otherwise unrelated groups form the basis for consolidating | 83815 |
| the groups into a single consolidated elected taxpayer group or | 83816 |
| permit any exclusion under division (C) of this section of taxable | 83817 |
| gross receipts between members of the two groups. Division (A)(3) | 83818 |
| of this section applies with respect to the elections described in | 83819 |
| this division. | 83820 |
| (2) The group makes the election to be treated as a | 83821 |
| consolidated elected taxpayer in the manner prescribed under | 83822 |
| division (D) of this section. | 83823 |
| (3) Subject to review and audit by the tax commissioner, the | 83824 |
| group agrees that all of the following apply: | 83825 |
| (a) The group shall file reports as a single taxpayer for at | 83826 |
| least the next eight calendar quarters following the election so | 83827 |
| long as at least two or more of the members of the group meet the | 83828 |
| requirements of division (A)(1) of this section. | 83829 |
| (b) Before the expiration of the eighth such calendar | 83830 |
| quarter, the group shall notify the commissioner if it elects to | 83831 |
| cancel its designation as a consolidated elected taxpayer. If the | 83832 |
| group does not so notify the tax commissioner, the election | 83833 |
| remains in effect for another eight calendar quarters. | 83834 |
| (c) If, at any time during any of those eight calendar | 83835 |
| quarters following the election, a former member of the group no | 83836 |
| longer meets the requirements under division (A)(1) of this | 83837 |
| section, that member shall report and pay the tax imposed under | 83838 |
| this chapter separately, as a member of a combined taxpayer, or, | 83839 |
| if the former member satisfies such requirements with respect to | 83840 |
| another consolidated elected group, as a member of that | 83841 |
| consolidated elected group. | 83842 |
| (d) The group agrees to the application of division (B) of | 83843 |
| this section. | 83844 |
| (B) A group of persons making the election under this section | 83845 |
| shall report and pay tax on all of the group's taxable gross | 83846 |
| receipts even if substantial nexus with this state does not exist | 83847 |
| for one or more persons in the group. | 83848 |
| (C)(1)(a) Members of a consolidated elected taxpayer group | 83849 |
| shall exclude gross receipts among persons included in the | 83850 |
| consolidated elected taxpayer group. | 83851 |
| (b) Subject to divisions (C)(1)(c) and (C)(2) of this | 83852 |
| section, nothing in this section shall have the effect of | 83853 |
| requiring a consolidated elected taxpayer group to include gross | 83854 |
| receipts received by a person enumerated in divisions (E)(2) to | 83855 |
| (10) of section 5751.01 of the Revised Code if that person is a | 83856 |
| member of the group pursuant to the elections made by the group | 83857 |
| under division (A)(1) of this section. | 83858 |
| (c)(i) As used in division (C)(1)(c) of this section, "dealer | 83859 |
| transfer" means a transfer of property that satisfies both of the | 83860 |
| following: (I) the property is directly transferred by any means | 83861 |
| from one member of the group to another member of the group that | 83862 |
| is a dealer in intangibles but is not a qualifying dealer as | 83863 |
| defined in section 5725.24 of the Revised Code; and (II) the | 83864 |
| property is subsequently delivered by the dealer in intangibles to | 83865 |
| a person that is not a member of the group. | 83866 |
| (ii) In the event of a dealer transfer, a consolidated | 83867 |
| elected taxpayer group shall not exclude, under division (C) of | 83868 |
| this section, gross receipts from the transfer described in | 83869 |
| division (C)(1)(c)(i)(I) of this section. | 83870 |
| (2) Gross receipts related to the sale or transmission of | 83871 |
| electricity through the use of an intermediary regional | 83872 |
| transmission organization approved by the federal energy | 83873 |
| regulatory commission shall be excluded from taxable gross | 83874 |
| receipts under division (C)(1) of this section if all other | 83875 |
| requirements of that division are met, even if the receipts are | 83876 |
| from and to the same member of the group. | 83877 |
| (D) To make the election to be a consolidated elected | 83878 |
| taxpayer, a group of persons shall notify the tax commissioner of | 83879 |
| the election in the manner prescribed by the commissioner and pay | 83880 |
| the commissioner a registration fee equal to the lesser of two | 83881 |
| hundred dollars or twenty dollars for each person in the group. No | 83882 |
| additional fee shall be imposed for the addition of new members to | 83883 |
| the group once the group has remitted a fee in the amount of two | 83884 |
| hundred dollars. The election shall be made and the fee paid | 83885 |
|
before | 83886 |
|
which the election applies | 83887 |
| collected and used in the same manner as provided in section | 83888 |
| 5751.04 of the Revised Code. | 83889 |
| The election shall be made on a form prescribed by the tax | 83890 |
| commissioner for that purpose and shall be signed by one or more | 83891 |
| individuals with authority, separately or together, to make a | 83892 |
| binding election on behalf of all persons in the group. | 83893 |
| Any person acquired or formed after the filing of the | 83894 |
| registration shall be included in the group if the person meets | 83895 |
| the requirements of division (A)(1) of this section, and the group | 83896 |
| shall notify the tax commissioner of any additions to the group | 83897 |
| with the next tax return it files with the commissioner. | 83898 |
| | 83899 |
| 83900 | |
| 83901 | |
| 83902 | |
| 83903 | |
| 83904 | |
| 83905 |
| Sec. 5751.012. (A) All persons, other than persons | 83906 |
| enumerated in divisions (E)(2) to (10) of section 5751.01 of the | 83907 |
| Revised Code, having more than fifty per cent of the value of | 83908 |
| their ownership interest owned or controlled, directly or | 83909 |
| constructively through related interests, by common owners during | 83910 |
| all or any portion of the tax period, together with the common | 83911 |
| owners, shall be members of a combined taxpayer if those persons | 83912 |
| are not members of a consolidated elected taxpayer pursuant to an | 83913 |
| election under section 5751.011 of the Revised Code. | 83914 |
| (B) A combined taxpayer shall register, file returns, and pay | 83915 |
| taxes under this chapter as a single taxpayer. | 83916 |
| (C) A combined taxpayer shall neither exclude taxable gross | 83917 |
| receipts between its members nor from others that are not members. | 83918 |
| (D) A combined taxpayer shall pay to the tax commissioner a | 83919 |
| registration fee equal to the lesser of two hundred dollars or | 83920 |
| twenty dollars for each person in the group. No additional fee | 83921 |
| shall be imposed for the addition of new members to the group once | 83922 |
| the group has remitted a fee in the amount of two hundred dollars. | 83923 |
| The fee shall be timely paid before the later of the beginning of | 83924 |
| the first calendar quarter or November 15, 2005. The fee shall be | 83925 |
| collected and used in the same manner as provided in section | 83926 |
| 5751.04 of the Revised Code. | 83927 |
| Any person acquired or formed after the filing of the | 83928 |
| registration shall be included in the group if the person meets | 83929 |
| the requirements of division (A) of this section, and the group | 83930 |
| must notify the tax commissioner of any additions with the next | 83931 |
| quarterly tax return it files with the commissioner. | 83932 |
| | 83933 |
| 83934 | |
| 83935 | |
| 83936 | |
| 83937 | |
| 83938 | |
| 83939 |
| Sec. 5751.013. (A) Except as provided in division (B) of this | 83940 |
| section: | 83941 |
| (1) A person shall include as taxable gross receipts the | 83942 |
| value of property the person transfers into this state for the | 83943 |
| person's own use within one year after the person receives the | 83944 |
| property outside this state; and | 83945 |
|
(2) In the case of | 83946 |
| group or a combined taxpayer group, the taxpayer shall include as | 83947 |
| taxable gross receipts the value of property that any of the | 83948 |
| taxpayer's members transferred into this state for the use of any | 83949 |
| of the taxpayer's members within one year after the taxpayer | 83950 |
| receives the property outside this state. | 83951 |
| (B) Property brought into this state within one year after it | 83952 |
| is received outside this state by a person or group described in | 83953 |
| division (A)(1) or (2) of this section shall not be included as | 83954 |
| taxable gross receipts as required under those divisions if the | 83955 |
| tax commissioner ascertains that the property's receipt outside | 83956 |
| this state by the person or group followed by its transfer into | 83957 |
| this state within one year was not intended in whole or in part to | 83958 |
| avoid in whole or in part the tax imposed under this chapter. | 83959 |
| (C) The tax commissioner may adopt rules necessary to | 83960 |
| administer this section. | 83961 |
| Sec. 5751.014. All members of a consolidated elected | 83962 |
| taxpayer or combined taxpayer group during the tax period or | 83963 |
| periods for which additional tax, penalty, or interest is owed are | 83964 |
| jointly and severally liable for such amounts. Although the | 83965 |
| reporting person will be assessed for the liability, such amounts | 83966 |
| due may be pursued against any member of the group when a | 83967 |
| liability is certified to the attorney general under section | 83968 |
| 131.02 of the Revised Code. | 83969 |
| Sec. 5751.03. (A) Except as provided in divisions (B) and | 83970 |
| (D) of this section and in sections 5751.031 and 5751.032 of the | 83971 |
| Revised Code, the tax levied under this section for each tax | 83972 |
| period shall be the product of two and six-tenths mills per dollar | 83973 |
| times the remainder of the taxpayer's taxable gross receipts for | 83974 |
| the tax period after subtracting the exclusion amount provided for | 83975 |
| in division (C) of this section. | 83976 |
| (B) Notwithstanding division (C) of this section, the tax on | 83977 |
| the first one million dollars in taxable gross receipts each | 83978 |
| calendar year shall be one hundred fifty dollars. For calendar | 83979 |
| year 2006, the tax imposed under this division shall be paid not | 83980 |
| later than May 10, 2006, by both calendar year taxpayers and | 83981 |
|
calendar quarter taxpayers. For calendar | 83982 |
| 83983 | |
| shall be paid with the fourth-quarter tax return or annual tax | 83984 |
| return for the prior calendar year by both calendar year | 83985 |
| taxpayers and calendar quarter taxpayers. For calendar years 2010 | 83986 |
| and thereafter, the tax imposed under this division shall be paid | 83987 |
| not later than the tenth day of May of each year along with the | 83988 |
| first quarter or annual tax return, as applicable. | 83989 |
| (C)(1) Each calendar quarter taxpayer may exclude the first | 83990 |
| two hundred fifty thousand dollars of taxable gross receipts for a | 83991 |
| calendar quarter and may carry forward and apply any unused | 83992 |
| exclusion amount to the three subsequent calendar quarters. Each | 83993 |
| calendar year taxpayer may exclude the first one million dollars | 83994 |
| of taxable gross receipts for a calendar year. | 83995 |
| (2) A taxpayer switching from a calendar year tax period to a | 83996 |
| calendar quarter tax period may, for the first quarter of the | 83997 |
| change, apply the prior calendar quarter exclusion amounts to the | 83998 |
| first calendar quarter return the taxpayer files that calendar | 83999 |
| year. The tax rate shall be based on the rate imposed that | 84000 |
| calendar quarter when the taxpayer switches from a calendar year | 84001 |
| to a calendar quarter tax period. | 84002 |
| (D) There is hereby allowed a credit against the tax imposed | 84003 |
| under this chapter for each of the following calendar years if a | 84004 |
| transfer was made in the preceding calendar year from the general | 84005 |
| revenue fund to the commercial activity tax refund fund under | 84006 |
| division (D) of section 5751.032 of the Revised Code: calendar | 84007 |
| years 2008, 2010, and 2012. The credit is allowed for taxpayers | 84008 |
| that paid in full the tax imposed under this chapter for the | 84009 |
| calendar year in which the transfer was made. The amount of a | 84010 |
| taxpayer's credit equals the amount computed under division (D) of | 84011 |
| section 5751.032 of the Revised Code. | 84012 |
| Sec. 5751.04. (A) As used in this section, "person" includes | 84013 |
| a reporting person. | 84014 |
| (B) Not later than | 84015 |
| days after a person first has more than one hundred fifty | 84016 |
| thousand dollars in taxable gross receipts in a calendar year, | 84017 |
| each person subject to this chapter shall register with the tax | 84018 |
| commissioner on the form prescribed by the commissioner. The form | 84019 |
| shall include the following: | 84020 |
| (1) The person's name; | 84021 |
| (2) If applicable, the name of the state or country under the | 84022 |
| laws of which the person is incorporated; | 84023 |
| (3) If applicable, the location of a person's principal | 84024 |
| office and the name and address of the officer or agent of the | 84025 |
| corporation in charge of the business; | 84026 |
| (4) If applicable, the names of the person's president, | 84027 |
| secretary, treasurer, and statutory agent designated pursuant to | 84028 |
| section 1703.041 of the Revised Code, with the post office address | 84029 |
| of each; | 84030 |
| (5) The kind of business in which the person is engaged, | 84031 |
| including applicable business or industry codes; | 84032 |
| (6) If required by the tax commissioner, the date of the | 84033 |
| beginning of the person's annual accounting period that includes | 84034 |
| the first day of January of the taxable calendar year; | 84035 |
| (7) If the person is not a corporation or a sole proprietor, | 84036 |
| the names of the person's owners and officers, if required by the | 84037 |
| tax commissioner; | 84038 |
| (8) The person's federal employer identification number or | 84039 |
| numbers or, if those are not applicable, the person's social | 84040 |
| security number or equivalent; | 84041 |
| (9) All other information that the commissioner requires to | 84042 |
| administer and enforce this chapter. | 84043 |
| | 84044 |
| person registering with the tax commissioner as required by | 84045 |
|
division | 84046 |
| fee shall be in the amount of fifteen dollars if a person | 84047 |
| registers electronically and twenty dollars if a person does not | 84048 |
| register electronically. The registration fee shall be paid in the | 84049 |
| manner prescribed by the tax commissioner at the same time the | 84050 |
| registration is due if a person is subject to the tax imposed | 84051 |
| under this chapter before January 1, 2006. If a person first | 84052 |
| becomes subject to the tax after that date, the registration fee | 84053 |
| is payable with the first tax period return the person is required | 84054 |
| to file as prescribed by section 5751.051 of the Revised Code. If | 84055 |
|
a | 84056 |
| within the time prescribed by this section, an additional fee is | 84057 |
| imposed in the amount of one hundred dollars per month or part | 84058 |
| thereof that the fee is outstanding, not to exceed one thousand | 84059 |
| dollars. The tax commissioner may abate the additional fee. The | 84060 |
| fee imposed under this division may be assessed in the same manner | 84061 |
| as the tax imposed under this chapter. Proceeds from the fee shall | 84062 |
| be credited to the commercial activity tax administrative fund, | 84063 |
| which is hereby created in the state treasury for the commissioner | 84064 |
| to use in implementing and administering the tax imposed under | 84065 |
| this chapter. | 84066 |
| | 84067 |
| 84068 | |
| 84069 | |
| 84070 | |
| 84071 | |
| 84072 | |
| 84073 |
| Registration fees paid under this section, excluding any | 84074 |
|
additional fee imposed for | 84075 |
| person's failure to timely register, shall be credited against the | 84076 |
| first payment of tax payable under section 5751.03 of the Revised | 84077 |
|
Code | 84078 |
| | 84079 |
| no longer a taxpayer subject to this chapter, including no longer | 84080 |
| being a taxpayer because of the application of division (E)(1) of | 84081 |
| section 5751.01 of the Revised Code, the person shall notify the | 84082 |
| commissioner that the person's registration should be cancelled. | 84083 |
| (E) With respect to registrations received by the | 84084 |
| commissioner before the effective date of the amendment of this | 84085 |
| section by the main operating appropriations act of the 128th | 84086 |
| general assembly, the taxpayer listed as the primary taxpayer on | 84087 |
| the registration shall be the reporting person until the taxpayer | 84088 |
| notifies the commissioner otherwise. | 84089 |
| Sec. 5751.05. (A) If a person subject to this chapter | 84090 |
| anticipates that the person's taxable gross receipts will be more | 84091 |
|
than one million dollars | 84092 |
|
person | 84093 |
| 84094 | |
| 84095 | |
| 84096 | |
| 84097 | |
| 84098 | |
| commissioner on the person's initial registration form and file on | 84099 |
| a quarterly basis as a calendar quarter taxpayer. Any taxpayer | 84100 |
| with taxable gross receipts of one million dollars or less shall | 84101 |
| register as a calendar year taxpayer and shall file annually. | 84102 |
| (B) Any person that is a calendar year taxpayer | 84103 |
| 84104 | |
| calendar quarter taxpayer in the subsequent calendar year if the | 84105 |
| person's taxable gross receipts for the prior calendar year are | 84106 |
| more than one million dollars, and shall remain a calendar quarter | 84107 |
| taxpayer until the person notifies the tax commissioner, and | 84108 |
| receives approval in writing from the tax commissioner, to switch | 84109 |
| back to being a calendar year taxpayer. Nothing in this division | 84110 |
| prohibits a person that has elected to be a calendar year taxpayer | 84111 |
| from notifying the tax commissioner, using the procedures | 84112 |
| prescribed by the commissioner, that it is switching back to being | 84113 |
| a calendar quarter taxpayer. | 84114 |
| (C) Any taxpayer that is not a calendar | 84115 |
|
pursuant to this section is a calendar | 84116 |
| 84117 | |
| taxpayer to use an alternative reporting schedule or estimate the | 84118 |
| amount of tax due for a calendar quarter if the taxpayer | 84119 |
| demonstrates to the commissioner the need for such a deviation. | 84120 |
| The commissioner may adopt a rule to apply division (C) of this | 84121 |
| section to a group of taxpayers without the taxpayers having to | 84122 |
| receive written approval from the commissioner. | 84123 |
| Sec. 5751.051. (A)(1) Not later than | 84124 |
| day of the second month after the end of each calendar quarter, | 84125 |
| every taxpayer other than a calendar year taxpayer shall file with | 84126 |
| the tax commissioner a tax return in such form as the commissioner | 84127 |
| prescribes. The return shall include, but is not limited to, the | 84128 |
| amount of the taxpayer's taxable gross receipts for the calendar | 84129 |
| quarter and shall indicate the amount of tax due under section | 84130 |
| 5751.03 of the Revised Code for the calendar quarter. | 84131 |
| (2)(a) Subject to division (C) of section 5751.05 of the | 84132 |
| Revised Code, a calendar quarter taxpayer shall report the taxable | 84133 |
| gross receipts for that calendar quarter. | 84134 |
| (b) With respect to taxable gross receipts incorrectly | 84135 |
| reported in a calendar quarter that has a lower tax rate, the tax | 84136 |
| shall be computed at the tax rate in effect for the quarterly | 84137 |
| return in which such receipts should have been reported. Nothing | 84138 |
| in division (A)(2)(b) of this section prohibits a taxpayer from | 84139 |
| filing an application for refund under section 5751.08 of the | 84140 |
| Revised Code with regard to the incorrect reporting of taxable | 84141 |
| gross receipts discovered after filing the annual return described | 84142 |
| in division (A)(3) of this section. | 84143 |
| A tax return shall not be deemed to be an incorrect reporting | 84144 |
| of taxable gross receipts for the purposes of division (A)(2)(b) | 84145 |
| of this section if the return reflects between ninety-five and one | 84146 |
| hundred five per cent of the actual taxable gross receipts for the | 84147 |
| calendar quarter. | 84148 |
| (3) | 84149 |
| section, the tax return filed for the fourth calendar quarter of a | 84150 |
| calendar year is the annual return for the privilege tax imposed | 84151 |
| by this chapter. Such return shall report any additional taxable | 84152 |
| gross receipts not previously reported in the calendar year and | 84153 |
| shall adjust for any over-reported taxable gross receipts in the | 84154 |
| calendar year. If the taxpayer ceases to be a taxpayer before the | 84155 |
| end of the calendar year, the last return the taxpayer is required | 84156 |
| to file shall be the annual return for the taxpayer and the | 84157 |
| taxpayer shall report any additional taxable gross receipts not | 84158 |
| previously reported in the calendar year and shall adjust for any | 84159 |
| over-reported taxable gross receipts in the calendar year. | 84160 |
| (4) Because the tax imposed by this chapter is a privilege | 84161 |
| tax, the tax rate with respect to taxable gross receipts for a | 84162 |
| calendar quarter is not fixed until the end of the measurement | 84163 |
| period for each calendar quarter. Subject to division (A)(2)(b) of | 84164 |
| this section, the total amount of taxable gross receipts reported | 84165 |
| for a given calendar quarter shall be subject to the tax rate in | 84166 |
| effect in that quarter. | 84167 |
| (5) Not later than | 84168 |
| following the end of each calendar year, every calendar year | 84169 |
| taxpayer shall file with the tax commissioner a tax return in such | 84170 |
| form as the commissioner prescribes. The return shall include, but | 84171 |
| is not limited to, the amount of the taxpayer's taxable gross | 84172 |
| receipts for the calendar year and shall indicate the amount of | 84173 |
| tax due under section 5751.03 of the Revised Code for the calendar | 84174 |
| year. | 84175 |
| (B)(1) A person that first becomes subject to the tax imposed | 84176 |
| under this chapter shall pay the minimum tax imposed under | 84177 |
| division (B) of section 5751.03 of the Revised Code along with the | 84178 |
| registration fee imposed under this section, if applicable, on or | 84179 |
| before the day the return is required to be filed for that quarter | 84180 |
| under division (A)(1) of this section, regardless of whether the | 84181 |
| person elects to be a calendar year taxpayer under section 5751.05 | 84182 |
| of the Revised Code. | 84183 |
| (2) The amount of the minimum tax for a person subject to | 84184 |
| division (B)(1) of this section shall be reduced to seventy-five | 84185 |
| dollars if the registration is timely filed after the first day of | 84186 |
| May and before the first day of January of the following calendar | 84187 |
| year. | 84188 |
| Sec. 5751.06. (A) Any taxpayer that fails to file a return | 84189 |
| or pay the full amount of the tax due within the period prescribed | 84190 |
| therefor under this chapter shall pay a penalty in an amount not | 84191 |
| exceeding the greater of fifty dollars or ten per cent of the tax | 84192 |
| required to be paid for the tax period. | 84193 |
| (B)(1) If any additional tax is found to be due, the tax | 84194 |
| commissioner may impose an additional penalty of up to fifteen per | 84195 |
| cent on the additional tax found to be due. | 84196 |
| (2) Any delinquent payments of the tax made after a taxpayer | 84197 |
| is notified of an audit or a tax discrepancy by the commissioner | 84198 |
| is subject to the penalty imposed by division (B) of this section. | 84199 |
|
If an assessment is issued under section | 84200 |
| Revised Code in connection with such delinquent payments, the | 84201 |
| payments shall be credited to the assessment. | 84202 |
| (C) After calendar year 2008, the tax commissioner may impose | 84203 |
| an additional penalty against a taxpayer that fails to switch to | 84204 |
| being a calendar quarter taxpayer at the time it had over two | 84205 |
| million in taxable gross receipts in the calendar year, as | 84206 |
| required under section 5751.04 of the Revised Code. The penalty | 84207 |
| may be imposed in an amount not to exceed ten per cent of the tax | 84208 |
| due above two million dollars in taxable gross receipts for the | 84209 |
| calendar year. Any penalty imposed under this division is in | 84210 |
| addition to any other penalties imposed under this section. | 84211 |
| (D) If the tax commissioner notifies a person required to | 84212 |
| register under section 5751.05 of the Revised Code of such | 84213 |
| requirement and of the requirement to remit the tax due under this | 84214 |
| chapter, and the person fails to so register and remit the tax | 84215 |
| within sixty days after such notice, the tax commissioner may | 84216 |
| impose an additional penalty of up to thirty-five per cent of the | 84217 |
| tax due. The penalty imposed under this division is in addition to | 84218 |
| any other penalties imposed under this section. | 84219 |
| (E) The tax commissioner may collect any penalty or interest | 84220 |
| imposed by this section in the same manner as the tax imposed | 84221 |
| under this chapter. Penalties and interest so collected shall be | 84222 |
| considered as revenue arising from the tax imposed under this | 84223 |
| chapter. | 84224 |
| (F) The tax commissioner may abate all or a portion of any | 84225 |
| penalties imposed under this section and may adopt rules governing | 84226 |
| such abatements. | 84227 |
| (G) If any tax due is not timely paid in accordance with this | 84228 |
| chapter, the taxpayer shall pay interest, calculated at the rate | 84229 |
| per annum prescribed by section 5703.47 of the Revised Code, from | 84230 |
| the date the tax payment was due to the date of payment or to the | 84231 |
| date an assessment was issued, whichever occurs first. | 84232 |
| (H) The tax commissioner may impose a penalty of up to ten | 84233 |
| per cent for any additional tax that is due under division | 84234 |
| (A)(2)(b) of section 5751.051 of the Revised Code from a taxpayer | 84235 |
| incorrectly reporting its taxable gross receipts. | 84236 |
| (I) If the tax commissioner discovers that a taxpayer has | 84237 |
| billed or invoiced another person for the tax imposed under this | 84238 |
| chapter in violation of division (B) of section 5751.02 of the | 84239 |
| Revised Code, the tax commissioner shall notify the taxpayer of | 84240 |
| the violation by certified mail and may impose a penalty of up to | 84241 |
| five hundred dollars. If the taxpayer subsequently bills or | 84242 |
| invoices a person for the tax imposed under this chapter, the tax | 84243 |
| commissioner shall impose a penalty of five hundred dollars. | 84244 |
| Sec. 5751.08. (A) An application for refund to the taxpayer | 84245 |
| of the amount of taxes imposed under this chapter that are | 84246 |
| overpaid, paid illegally or erroneously, or paid on any illegal or | 84247 |
| erroneous assessment shall be filed by the reporting person with | 84248 |
| the tax commissioner, on the form prescribed by the commissioner, | 84249 |
| within four years after the date of the illegal or erroneous | 84250 |
| payment of the tax. The applicant shall provide the amount of the | 84251 |
| requested refund along with the claimed reasons for, and | 84252 |
| documentation to support, the issuance of a refund. | 84253 |
| (B) On the filing of the refund application, the tax | 84254 |
| commissioner shall determine the amount of refund to which the | 84255 |
| applicant is entitled. If the amount is not less than that | 84256 |
| claimed, the commissioner shall certify the amount to the director | 84257 |
| of budget and management and treasurer of state for payment from | 84258 |
| the tax refund fund created under section 5703.052 of the Revised | 84259 |
| Code. If the amount is less than that claimed, the commissioner | 84260 |
| shall proceed in accordance with section 5703.70 of the Revised | 84261 |
| Code. | 84262 |
| (C) Interest on a refund applied for under this section, | 84263 |
| computed at the rate provided for in section 5703.47 of the | 84264 |
| Revised Code, shall be allowed from the later of the date the tax | 84265 |
| was paid or when the tax payment was due. | 84266 |
| (D) A calendar quarter taxpayer with more than one million | 84267 |
| dollars in taxable gross receipts in a calendar year other than | 84268 |
| calendar year 2005 and that is not able to exclude one million | 84269 |
| dollars in taxable gross receipts because of the operation of the | 84270 |
| taxpayer's business in that calendar year may file for a refund | 84271 |
| under this section to obtain the full exclusion of one million | 84272 |
| dollars in taxable gross receipts for that calendar year. | 84273 |
| (E) No person with an active registration as a taxpayer under | 84274 |
| this chapter may claim a refund under this section for the tax | 84275 |
| imposed under division (B) of section 5751.03 of the Revised Code | 84276 |
| unless the person cancelled the registration before the tenth day | 84277 |
|
of | 84278 |
| 84279 |
| (F) Except as provided in section 5751.091 of the Revised | 84280 |
| Code, the tax commissioner may, with the consent of the taxpayer, | 84281 |
| provide for the crediting against tax due for a tax year the | 84282 |
| amount of any refund due the taxpayer under this chapter for a | 84283 |
| preceding tax year. | 84284 |
| Sec. 5751.09. (A) The tax commissioner may make an | 84285 |
| assessment, based on any information in the commissioner's | 84286 |
| possession, against any person that fails to file a return or pay | 84287 |
| any tax as required by this chapter. The commissioner shall give | 84288 |
| the person assessed written notice of the assessment as provided | 84289 |
| in section 5703.37 of the Revised Code. With the notice, the | 84290 |
| commissioner shall provide instructions on the manner in which to | 84291 |
| petition for reassessment and request a hearing with respect to | 84292 |
| the petition. The commissioner shall send any assessments against | 84293 |
| consolidated elected taxpayer and combined taxpayer groups under | 84294 |
| section 5751.011 or 5751.012 of the Revised Code to the taxpayer's | 84295 |
| "reporting person" as defined under division (R) of section | 84296 |
| 5751.01 of the Revised Code. The reporting person shall notify all | 84297 |
| members of the group of the assessment and all outstanding taxes, | 84298 |
| interest, and penalties for which the assessment is issued. | 84299 |
| (B) Unless the person assessed, within sixty days after | 84300 |
| service of the notice of assessment, files with the tax | 84301 |
| commissioner, either personally or by certified mail, a written | 84302 |
| petition signed by the person or the person's authorized agent | 84303 |
| having knowledge of the facts, the assessment becomes final, and | 84304 |
| the amount of the assessment is due and payable from the person | 84305 |
| assessed to the treasurer of state. The petition shall indicate | 84306 |
| the objections of the person assessed, but additional objections | 84307 |
| may be raised in writing if received by the commissioner prior to | 84308 |
| the date shown on the final determination. | 84309 |
| If a petition for reassessment has been properly filed, the | 84310 |
| commissioner shall proceed under section 5703.60 of the Revised | 84311 |
| Code. | 84312 |
| (C)(1) After an assessment becomes final, if any portion of | 84313 |
| the assessment, including accrued interest, remains unpaid, a | 84314 |
| certified copy of the tax commissioner's entry making the | 84315 |
| assessment final may be filed in the office of the clerk of the | 84316 |
| court of common pleas in the county in which the person resides or | 84317 |
| has its principal place of business in this state, or in the | 84318 |
| office of the clerk of court of common pleas of Franklin county. | 84319 |
| (2) Immediately upon the filing of the entry, the clerk shall | 84320 |
| enter judgment for the state against the person assessed in the | 84321 |
| amount shown on the entry. The judgment may be filed by the clerk | 84322 |
| in a loose-leaf book entitled, "special judgments for the | 84323 |
| commercial activity tax" and shall have the same effect as other | 84324 |
| judgments. Execution shall issue upon the judgment at the request | 84325 |
| of the tax commissioner, and all laws applicable to sales on | 84326 |
| execution shall apply to sales made under the judgment. | 84327 |
| (3) The portion of the assessment not paid within sixty days | 84328 |
| after the day the assessment was issued shall bear interest at the | 84329 |
| rate per annum prescribed by section 5703.47 of the Revised Code | 84330 |
| from the day the tax commissioner issues the assessment until it | 84331 |
| is paid. Interest shall be paid in the same manner as the tax and | 84332 |
| may be collected by the issuance of an assessment under this | 84333 |
| section. | 84334 |
| (D) If the tax commissioner believes that collection of the | 84335 |
| tax will be jeopardized unless proceedings to collect or secure | 84336 |
| collection of the tax are instituted without delay, the | 84337 |
| commissioner may issue a jeopardy assessment against the person | 84338 |
| liable for the tax. Immediately upon the issuance of the jeopardy | 84339 |
| assessment, the commissioner shall file an entry with the clerk of | 84340 |
| the court of common pleas in the manner prescribed by division (C) | 84341 |
| of this section. Notice of the jeopardy assessment shall be served | 84342 |
| on the person assessed or the person's authorized agent in the | 84343 |
| manner provided in section 5703.37 of the Revised Code within five | 84344 |
| days of the filing of the entry with the clerk. The total amount | 84345 |
| assessed is immediately due and payable, unless the person | 84346 |
| assessed files a petition for reassessment in accordance with | 84347 |
| division (B) of this section and provides security in a form | 84348 |
| satisfactory to the commissioner and in an amount sufficient to | 84349 |
| satisfy the unpaid balance of the assessment. Full or partial | 84350 |
| payment of the assessment does not prejudice the commissioner's | 84351 |
| consideration of the petition for reassessment. | 84352 |
| (E) The tax commissioner shall immediately forward to the | 84353 |
| treasurer of state all amounts the commissioner receives under | 84354 |
| this section, and such amounts shall be considered as revenue | 84355 |
| arising from the tax imposed under this chapter. | 84356 |
| (F) Except as otherwise provided in this division, no | 84357 |
| assessment shall be made or issued against a taxpayer for the tax | 84358 |
| imposed under this chapter more than four years after the due date | 84359 |
| for the filing of the return for the tax period for which the tax | 84360 |
| was reported, or more than four years after the return for the tax | 84361 |
| period was filed, whichever is later. Nothing in this division | 84362 |
| bars an assessment against a taxpayer that fails to file a return | 84363 |
| required by this chapter or that files a fraudulent return. | 84364 |
| (G) If the tax commissioner possesses information that | 84365 |
| indicates that the amount of tax a taxpayer is required to pay | 84366 |
| under this chapter exceeds the amount the taxpayer paid, the tax | 84367 |
| commissioner may audit a sample of the taxpayer's gross receipts | 84368 |
| over a representative period of time to ascertain the amount of | 84369 |
| tax due, and may issue an assessment based on the audit. The tax | 84370 |
| commissioner shall make a good faith effort to reach agreement | 84371 |
| with the taxpayer in selecting a representative sample. The tax | 84372 |
| commissioner may apply a sampling method only if the commissioner | 84373 |
| has prescribed the method by rule. | 84374 |
| (H) If the whereabouts of a person subject to this chapter is | 84375 |
|
not known to the tax commissioner, the | 84376 |
| 84377 | |
| 84378 | |
| 84379 | |
| 84380 | |
| 84381 | |
| 84382 | |
| 84383 | |
| 84384 | |
| 84385 | |
| 84386 | |
| 84387 | |
| 5703.37 of the Revised Code. | 84388 |
| Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of | 84389 |
| the Revised Code: | 84390 |
| (1) "School district," "joint vocational school district," | 84391 |
| "local taxing unit," "recognized valuation," "fixed-rate levy," | 84392 |
| and "fixed-sum levy" have the same meanings as used in section | 84393 |
| 5727.84 of the Revised Code. | 84394 |
| (2) "State education aid" for a school district means the sum | 84395 |
| of state aid amounts computed for the district under division (A) | 84396 |
| of section 3317.022 of the Revised Code, including the amounts | 84397 |
| calculated under sections 3317.029 and 3317.0217 of the Revised | 84398 |
| Code; divisions (C)(1), (C)(4), (D), (E), and (F) of section | 84399 |
| 3317.022; divisions (B), (C), and (D) of section 3317.023; | 84400 |
| divisions (L) and (N) of section 3317.024; section 3317.0216; and | 84401 |
| any unit payments for gifted student services paid under sections | 84402 |
| 3317.05, 3317.052, and 3317.053 of the Revised Code; except that, | 84403 |
| for fiscal years 2008 and 2009, the amount computed for the | 84404 |
| district under Section 269.20.80 of H.B. 119 of the 127th general | 84405 |
| assembly and as that section subsequently may be amended shall be | 84406 |
| substituted for the amount computed under division (D) of section | 84407 |
| 3317.022 of the Revised Code, and the amount computed under | 84408 |
| Section 269.30.80 of H.B. 119 of the 127th general assembly and as | 84409 |
| that section subsequently may be amended shall be included. | 84410 |
| (3) "State education aid" for a joint vocational school | 84411 |
| district means the sum of the state aid computed for the district | 84412 |
| under division (N) of section 3317.024 and section 3317.16 of the | 84413 |
| Revised Code, except that, for fiscal years 2008 and 2009, the | 84414 |
| amount computed under Section 269.30.80 of H.B. 119 of the 127th | 84415 |
| general assembly and as that section subsequently may be amended | 84416 |
| shall be included. | 84417 |
| (4) "State education aid offset" means the amount determined | 84418 |
| for each school district or joint vocational school district under | 84419 |
| division (A)(1) of section 5751.21 of the Revised Code. | 84420 |
| (5) "Machinery and equipment property tax value loss" means | 84421 |
| the amount determined under division (C)(1) of this section. | 84422 |
| (6) "Inventory property tax value loss" means the amount | 84423 |
| determined under division (C)(2) of this section. | 84424 |
| (7) "Furniture and fixtures property tax value loss" means | 84425 |
| the amount determined under division (C)(3) of this section. | 84426 |
| (8) "Machinery and equipment fixed-rate levy loss" means the | 84427 |
| amount determined under division (D)(1) of this section. | 84428 |
| (9) "Inventory fixed-rate levy loss" means the amount | 84429 |
| determined under division (D)(2) of this section. | 84430 |
| (10) "Furniture and fixtures fixed-rate levy loss" means the | 84431 |
| amount determined under division (D)(3) of this section. | 84432 |
| (11) "Total fixed-rate levy loss" means the sum of the | 84433 |
| machinery and equipment fixed-rate levy loss, the inventory | 84434 |
| fixed-rate levy loss, the furniture and fixtures fixed-rate levy | 84435 |
| loss, and the telephone company fixed-rate levy loss. | 84436 |
| (12) "Fixed-sum levy loss" means the amount determined under | 84437 |
| division (E) of this section. | 84438 |
| (13) "Machinery and equipment" means personal property | 84439 |
| subject to the assessment rate specified in division (F) of | 84440 |
| section 5711.22 of the Revised Code. | 84441 |
| (14) "Inventory" means personal property subject to the | 84442 |
| assessment rate specified in division (E) of section 5711.22 of | 84443 |
| the Revised Code. | 84444 |
| (15) "Furniture and fixtures" means personal property | 84445 |
| subject to the assessment rate specified in division (G) of | 84446 |
| section 5711.22 of the Revised Code. | 84447 |
| (16) "Qualifying levies" are levies in effect for tax year | 84448 |
| 2004 or applicable to tax year 2005 or approved at an election | 84449 |
| conducted before September 1, 2005. For the purpose of | 84450 |
| determining the rate of a qualifying levy authorized by section | 84451 |
| 5705.212 or 5705.213 of the Revised Code, the rate shall be the | 84452 |
| rate that would be in effect for tax year 2010. | 84453 |
| (17) "Telephone property" means tangible personal property | 84454 |
| of a telephone, telegraph, or interexchange telecommunications | 84455 |
| company subject to an assessment rate specified in section | 84456 |
| 5727.111 of the Revised Code in tax year 2004. | 84457 |
| (18) "Telephone property tax value loss" means the amount | 84458 |
| determined under division (C)(4) of this section. | 84459 |
| (19) "Telephone property fixed-rate levy loss" means the | 84460 |
| amount determined under division (D)(4) of this section. | 84461 |
| (B) The commercial activities tax receipts fund is hereby | 84462 |
| created in the state treasury and shall consist of money arising | 84463 |
|
from the tax imposed under this chapter. | 84464 |
| Eighty-five one-hundredths of one per cent of the money credited | 84465 |
| to that fund shall be credited to the tax reform system | 84466 |
| implementation fund, which is hereby created in the state | 84467 |
| treasury, and shall be used to defray the costs incurred by the | 84468 |
| department of taxation in administering the tax imposed by this | 84469 |
| chapter and in implementing tax reform measures. The remainder in | 84470 |
| the commercial activities tax receipts fund shall be credited for | 84471 |
| each fiscal year in the following percentages to the general | 84472 |
| revenue fund, to the school district tangible property tax | 84473 |
| replacement fund, which is hereby created in the state treasury | 84474 |
| for the purpose of making the payments described in section | 84475 |
| 5751.21 of the Revised Code, and to the local government tangible | 84476 |
| property tax replacement fund, which is hereby created in the | 84477 |
| state treasury for the purpose of making the payments described | 84478 |
| in section 5751.22 of the Revised Code, in the following | 84479 |
| percentages: | 84480 |
| Fiscal year | General Revenue Fund | School District Tangible Property Tax Replacement Fund | Local Government Tangible Property Tax Replacement Fund | 84481 | |
| 2006 | 67.7% | 22.6% | 9.7% | 84482 | |
| 2007 | 0% | 70.0% | 30.0% | 84483 | |
| 2008 | 0% | 70.0% | 30.0% | 84484 | |
| 2009 | 0% | 70.0% | 30.0% | 84485 | |
| 2010 | 0% | 70.0% | 30.0% | 84486 | |
| 2011 and thereafter | 0% | 70.0% | 30.0% | 84487 | |
| 84488 | |||||
| |
|
84489 | |||
| 84490 | |||||
| 84491 | |||||
| 84492 | |||||
| 84493 | |||||
| 84494 | |||||
| |
|
84495 |
| (C) Not later than September 15, 2005, the tax commissioner | 84496 |
| shall determine for each school district, joint vocational school | 84497 |
| district, and local taxing unit its machinery and equipment, | 84498 |
| inventory property, furniture and fixtures property, and telephone | 84499 |
| property tax value losses, which are the applicable amounts | 84500 |
| described in divisions (C)(1), (2), (3), and (4) of this section, | 84501 |
| except as provided in division (C)(5) of this section: | 84502 |
| (1) Machinery and equipment property tax value loss is the | 84503 |
| taxable value of machinery and equipment property as reported by | 84504 |
| taxpayers for tax year 2004 multiplied by: | 84505 |
| (a) For tax year 2006, thirty-three and eight-tenths per | 84506 |
| cent; | 84507 |
| (b) For tax year 2007, sixty-one and three-tenths per cent; | 84508 |
| (c) For tax year 2008, eighty-three per cent; | 84509 |
| (d) For tax year 2009 and thereafter, one hundred per cent. | 84510 |
| (2) Inventory property tax value loss is the taxable value of | 84511 |
| inventory property as reported by taxpayers for tax year 2004 | 84512 |
| multiplied by: | 84513 |
| (a) For tax year 2006, a fraction, the numerator of which is | 84514 |
| five and three-fourths and the denominator of which is | 84515 |
| twenty-three; | 84516 |
| (b) For tax year 2007, a fraction, the numerator of which is | 84517 |
| nine and one-half and the denominator of which is twenty-three; | 84518 |
| (c) For tax year 2008, a fraction, the numerator of which is | 84519 |
| thirteen and one-fourth and the denominator of which is | 84520 |
| twenty-three; | 84521 |
| (d) For tax year 2009 and thereafter a fraction, the | 84522 |
| numerator of which is seventeen and the denominator of which is | 84523 |
| twenty-three. | 84524 |
| (3) Furniture and fixtures property tax value loss is the | 84525 |
| taxable value of furniture and fixture property as reported by | 84526 |
| taxpayers for tax year 2004 multiplied by: | 84527 |
| (a) For tax year 2006, twenty-five per cent; | 84528 |
| (b) For tax year 2007, fifty per cent; | 84529 |
| (c) For tax year 2008, seventy-five per cent; | 84530 |
| (d) For tax year 2009 and thereafter, one hundred per cent. | 84531 |
| The taxable value of property reported by taxpayers used in | 84532 |
| divisions (C)(1), (2), and (3) of this section shall be such | 84533 |
| values as determined to be final by the tax commissioner as of | 84534 |
| August 31, 2005. Such determinations shall be final except for any | 84535 |
| correction of a clerical error that was made prior to August 31, | 84536 |
| 2005, by the tax commissioner. | 84537 |
| (4) Telephone property tax value loss is the taxable value of | 84538 |
| telephone property as taxpayers would have reported that property | 84539 |
| for tax year 2004 if the assessment rate for all telephone | 84540 |
| property for that year were twenty-five per cent, multiplied by: | 84541 |
| (a) For tax year 2006, zero per cent; | 84542 |
| (b) For tax year 2007, zero per cent; | 84543 |
| (c) For tax year 2008, zero per cent; | 84544 |
| (d) For tax year 2009, sixty per cent; | 84545 |
| (e) For tax year 2010, eighty per cent; | 84546 |
| (f) For tax year 2011 and thereafter, one hundred per cent. | 84547 |
| (5) Division (C)(5) of this section applies to any school | 84548 |
| district, joint vocational school district, or local taxing unit | 84549 |
| in a county in which is located a facility currently or formerly | 84550 |
| devoted to the enrichment or commercialization of uranium or | 84551 |
| uranium products, and for which the total taxable value of | 84552 |
| property listed on the general tax list of personal property for | 84553 |
| any tax year from tax year 2001 to tax year 2004 was fifty per | 84554 |
| cent or less of the taxable value of such property listed on the | 84555 |
| general tax list of personal property for the next preceding tax | 84556 |
| year. | 84557 |
| In computing the fixed-rate levy losses under divisions | 84558 |
| (D)(1), (2), and (3) of this section for any school district, | 84559 |
| joint vocational school district, or local taxing unit to which | 84560 |
| division (C)(5) of this section applies, the taxable value of such | 84561 |
| property as listed on the general tax list of personal property | 84562 |
| for tax year 2000 shall be substituted for the taxable value of | 84563 |
| such property as reported by taxpayers for tax year 2004, in the | 84564 |
| taxing district containing the uranium facility, if the taxable | 84565 |
| value listed for tax year 2000 is greater than the taxable value | 84566 |
| reported by taxpayers for tax year 2004. For the purpose of making | 84567 |
| the computations under divisions (D)(1), (2), and (3) of this | 84568 |
| section, the tax year 2000 valuation is to be allocated to | 84569 |
| machinery and equipment, inventory, and furniture and fixtures | 84570 |
| property in the same proportions as the tax year 2004 values. For | 84571 |
| the purpose of the calculations in division (A) of section 5751.21 | 84572 |
| of the Revised Code, the tax year 2004 taxable values shall be | 84573 |
| used. | 84574 |
| To facilitate the calculations required under division (C) of | 84575 |
| this section, the county auditor, upon request from the tax | 84576 |
| commissioner, shall provide by August 1, 2005, the values of | 84577 |
| machinery and equipment, inventory, and furniture and fixtures for | 84578 |
| all single-county personal property taxpayers for tax year 2004. | 84579 |
| (D) Not later than September 15, 2005, the tax commissioner | 84580 |
| shall determine for each tax year from 2006 through 2009 for each | 84581 |
| school district, joint vocational school district, and local | 84582 |
| taxing unit its machinery and equipment, inventory, and furniture | 84583 |
| and fixtures fixed-rate levy losses, and for each tax year from | 84584 |
|
2006 through 2011 its telephone property fixed-rate levy loss | 84585 |
| 84586 | |
| losses are the applicable amounts described in divisions (D)(1), | 84587 |
| (2), (3), and (4) of this section: | 84588 |
| (1) The machinery and equipment fixed-rate levy loss is the | 84589 |
| machinery and equipment property tax value loss multiplied by the | 84590 |
| sum of the tax rates of fixed-rate qualifying levies. | 84591 |
| (2) The inventory fixed-rate loss is the inventory property | 84592 |
| tax value loss multiplied by the sum of the tax rates of | 84593 |
| fixed-rate qualifying levies. | 84594 |
| (3) The furniture and fixtures fixed-rate levy loss is the | 84595 |
| furniture and fixture property tax value loss multiplied by the | 84596 |
| sum of the tax rates of fixed-rate qualifying levies. | 84597 |
| (4) The telephone property fixed-rate levy loss is the | 84598 |
| telephone property tax value loss multiplied by the sum of the tax | 84599 |
| rates of fixed-rate qualifying levies. | 84600 |
| (E) Not later than September 15, 2005, the tax commissioner | 84601 |
| shall determine for each school district, joint vocational school | 84602 |
| district, and local taxing unit its fixed-sum levy loss. The | 84603 |
| fixed-sum levy loss is the amount obtained by subtracting the | 84604 |
| amount described in division (E)(2) of this section from the | 84605 |
| amount described in division (E)(1) of this section: | 84606 |
| (1) The sum of the machinery and equipment property tax value | 84607 |
| loss, the inventory property tax value loss, and the furniture and | 84608 |
|
fixtures property tax value loss, and, for 2008 | 84609 |
| thereafter the telephone property tax value loss of the district | 84610 |
| or unit multiplied by the sum of the fixed-sum tax rates of | 84611 |
| qualifying levies. For 2006 through 2010, this computation shall | 84612 |
| include all qualifying levies remaining in effect for the current | 84613 |
| tax year and any school district levies imposed under section | 84614 |
| 5705.194 or 5705.213 of the Revised Code that are qualifying | 84615 |
| levies not remaining in effect for the current year. For 2011 | 84616 |
| 84617 | |
| 84618 | |
| 84619 | |
| thereafter, this computation shall include only qualifying | 84620 |
| levies remaining in effect for the current year. For purposes | 84621 |
| of this computation, a qualifying school district levy imposed | 84622 |
| under section 5705.194 or 5705.213 of the Revised Code remains | 84623 |
| in effect in a year after 2010 only if, for that year, the | 84624 |
| board of education levies a school district levy imposed under | 84625 |
|
section
5705.194 | 84626 |
| Revised Code for an annual sum at least equal to the annual | 84627 |
| sum levied by the board in tax year 2004 less the amount of | 84628 |
| the payment certified under this division for 2006. | 84629 |
| (2) The total taxable value in tax year 2004 less the sum of | 84630 |
| the machinery and equipment, inventory, furniture and fixtures, | 84631 |
| and telephone property tax value losses in each school district, | 84632 |
| joint vocational school district, and local taxing unit multiplied | 84633 |
| by one-half of one mill per dollar. | 84634 |
| (3) For the calculations in divisions (E)(1) and (2) of this | 84635 |
| section, the tax value losses are those that would be calculated | 84636 |
| for tax year 2009 under divisions (C)(1), (2), and (3) of this | 84637 |
| section and for tax year 2011 under division (C)(4) of this | 84638 |
| section. | 84639 |
| (4) To facilitate the calculation under divisions (D) and (E) | 84640 |
| of this section, not later than September 1, 2005, any school | 84641 |
| district, joint vocational school district, or local taxing unit | 84642 |
| that has a qualifying levy that was approved at an election | 84643 |
| conducted during 2005 before September 1, 2005, shall certify to | 84644 |
| the tax commissioner a copy of the county auditor's certificate of | 84645 |
| estimated property tax millage for such levy as required under | 84646 |
| division (B) of section 5705.03 of the Revised Code, which is the | 84647 |
| rate that shall be used in the calculations under such divisions. | 84648 |
| If the amount determined under division (E) of this section | 84649 |
| for any school district, joint vocational school district, or | 84650 |
| local taxing unit is greater than zero, that amount shall equal | 84651 |
| the reimbursement to be paid pursuant to division (E) of section | 84652 |
| 5751.21 or division (A)(3) of section 5751.22 of the Revised | 84653 |
| Code, and the one-half of one mill that is subtracted under | 84654 |
| division (E)(2) of this section shall be apportioned among all | 84655 |
| contributing fixed-sum levies in the proportion that each levy | 84656 |
| bears to the sum of all fixed-sum levies within each school | 84657 |
| district, joint vocational school district, or local taxing unit. | 84658 |
| (F) If a school district levies a tax under section 5705.219 | 84659 |
| of the Revised Code, the fixed-rate levy loss for qualifying | 84660 |
| levies, to the extent repealed under that section, shall equal the | 84661 |
| sum of the following amounts in lieu of the amounts computed for | 84662 |
| such levies under division (D) of this section: | 84663 |
| (1) The sum of the rates of qualifying levies to the extent | 84664 |
| so repealed multiplied by the sum of the machinery and equipment, | 84665 |
| inventory, and furniture and fixtures tax value losses for 2009 as | 84666 |
| determined under that division; | 84667 |
| (2) The sum of the rates of qualifying levies to the extent | 84668 |
| so repealed multiplied by the telephone property tax value loss | 84669 |
| for 2011 as determined under that division. | 84670 |
| The fixed-rate levy losses for qualifying levies to the | 84671 |
| extent not repealed under section 5705.219 of the Revised Code | 84672 |
| shall be as determined under division (D) of this section. The | 84673 |
| revised fixed-rate levy losses determined under this division and | 84674 |
| division (D) of this section first apply in the year following the | 84675 |
| first year the district levies the tax under section 5705.219 of | 84676 |
| the Revised Code. | 84677 |
| (G) Not later than October 1, 2005, the tax commissioner | 84678 |
| shall certify to the department of education for every school | 84679 |
| district and joint vocational school district the machinery and | 84680 |
| equipment, inventory, furniture and fixtures, and telephone | 84681 |
| property tax value losses determined under division (C) of this | 84682 |
| section, the machinery and equipment, inventory, furniture and | 84683 |
| fixtures, and telephone fixed-rate levy losses determined under | 84684 |
| division (D) of this section, and the fixed-sum levy losses | 84685 |
| calculated under division (E) of this section. The calculations | 84686 |
| under divisions (D) and (E) of this section shall separately | 84687 |
| display the levy loss for each levy eligible for reimbursement. | 84688 |
| | 84689 |
| shall certify the amount of the fixed-sum levy losses to the | 84690 |
| county auditor of each county in which a school district, joint | 84691 |
| vocational school district, or local taxing unit with a fixed-sum | 84692 |
| levy loss reimbursement has territory. | 84693 |
| (I) Not later than the twenty-eighth day of February each | 84694 |
| year beginning in 2011 and ending in 2014, the tax commissioner | 84695 |
| shall certify to the department of education for each school | 84696 |
| district first levying a tax under section 5705.219 of the Revised | 84697 |
| Code in the preceding year the revised fixed-rate levy losses | 84698 |
| determined under divisions (D) and (F) of this section. | 84699 |
| Sec. 5751.21. (A) Not later than the thirtieth day of July | 84700 |
|
of 2007 | 84701 |
| of education shall consult with the director of budget and | 84702 |
| management and determine the following for each school district | 84703 |
| and each joint vocational school district eligible for payment | 84704 |
| under division (B) of this section: | 84705 |
| (1) The state education aid offset, which is the difference | 84706 |
| obtained by subtracting the amount described in division (A)(1)(b) | 84707 |
| of this section from the amount described in division (A)(1)(a) of | 84708 |
| this section: | 84709 |
| (a) The state education aid computed for the school district | 84710 |
| or joint vocational school district for the current fiscal year as | 84711 |
| of the thirtieth day of July; | 84712 |
| (b) The state education aid that would be computed for the | 84713 |
| school district or joint vocational school district for the | 84714 |
| current fiscal year as of the thirtieth day of July if the | 84715 |
| recognized valuation included the machinery and equipment, | 84716 |
| inventory, furniture and fixtures, and telephone property tax | 84717 |
| value losses for the school district or joint vocational school | 84718 |
| district for the second preceding tax year, and if taxes charged | 84719 |
| and payable associated with the tax value losses are accounted for | 84720 |
| in any state education aid computation dependent on taxes charged | 84721 |
| and payable. | 84722 |
| (2) The greater of zero or the difference obtained by | 84723 |
| subtracting the state education aid offset determined under | 84724 |
| division (A)(1) of this section from the sum of the machinery and | 84725 |
| equipment fixed-rate levy loss, the inventory fixed-rate levy | 84726 |
| loss, furniture and fixtures fixed-rate levy loss, and telephone | 84727 |
|
property fixed-rate levy loss certified under | 84728 |
| divisions (G) and (I) of section 5751.20 of the Revised Code for | 84729 |
| all taxing districts in each school district and joint vocational | 84730 |
| school district for the second preceding tax year. | 84731 |
| By the thirtieth day of July of each such year, the | 84732 |
| department of education and the director of budget and management | 84733 |
| shall agree upon the amount to be determined under division | 84734 |
| (A)(1) of this section. | 84735 |
| (B) On or before the thirty-first day of August of each year | 84736 |
| beginning in 2008, the department of education shall recalculate | 84737 |
| the offset described under division (A) of this section for the | 84738 |
| previous fiscal year and recalculate the payments made under | 84739 |
| division (C) of this section in the preceding fiscal year using | 84740 |
| the offset calculated under this division. If the payments | 84741 |
| calculated under this division differ from the payments made under | 84742 |
| division (C) of this section in the preceding fiscal year, the | 84743 |
| difference shall either be paid to a school district or recaptured | 84744 |
| from a school district through an adjustment at the same times | 84745 |
| during the current fiscal year that the payments under division | 84746 |
| (C) of this section are made. In August and October of the current | 84747 |
| fiscal year, the amount of each adjustment shall be three-sevenths | 84748 |
| of the amount calculated under this division. In May of the | 84749 |
| current fiscal year, the adjustment shall be one-seventh of the | 84750 |
| amount calculated under this division. | 84751 |
| (C) The department of education shall pay from the school | 84752 |
| district tangible property tax replacement fund to each school | 84753 |
| district and joint vocational school district all of the following | 84754 |
|
for fixed-rate levy losses certified under | 84755 |
| (G) and (I) of section 5751.20 of the Revised Code: | 84756 |
| (1) On or before May 31, 2006, one-seventh of the total | 84757 |
| fixed-rate levy loss for tax year 2006; | 84758 |
| (2) On or before August 31, 2006, and October 31, 2006, | 84759 |
| one-half of six-sevenths of the total fixed-rate levy loss for tax | 84760 |
| year 2006; | 84761 |
| (3) On or before May 31, 2007, one-seventh of the total | 84762 |
| fixed-rate levy loss for tax year 2007; | 84763 |
| (4) On or before August 31, 2007, and October 31, 2007, | 84764 |
| forty-three per cent of the amount determined under division | 84765 |
| (A)(2) of this section for fiscal year 2008, but not less than | 84766 |
| zero, plus one-half of six-sevenths of the difference between the | 84767 |
| total fixed-rate levy loss for tax year 2007 and the total | 84768 |
| fixed-rate levy loss for tax year 2006. | 84769 |
| (5) On or before May 31, 2008, fourteen per cent of the | 84770 |
| amount determined under division (A)(2) of this section for | 84771 |
| fiscal year 2008, but not less than zero, plus one-seventh of the | 84772 |
| difference between the total fixed-rate levy loss for tax year | 84773 |
| 2008 and the total fixed-rate levy loss for tax year 2006. | 84774 |
| (6) On or before August 31, 2008, and October 31, 2008, | 84775 |
| forty-three per cent of the amount determined under division | 84776 |
| (A)(2) of this section for fiscal year 2009, but not less than | 84777 |
| zero, plus one-half of six-sevenths of the difference between the | 84778 |
| total fixed-rate levy loss in tax year 2008 and the total | 84779 |
| fixed-rate levy loss in tax year 2007. | 84780 |
| (7) On or before May 31, 2009, fourteen per cent of the | 84781 |
| amount determined under division (A)(2) of this section for | 84782 |
| fiscal year 2009, but not less than zero, plus one-seventh of the | 84783 |
| difference between the total fixed-rate levy loss for tax year | 84784 |
| 2009 and the total fixed-rate levy loss for tax year 2007. | 84785 |
| (8) On or before August 31, 2009, and October 31, 2009, | 84786 |
| forty-three per cent of the amount determined under division | 84787 |
| (A)(2) of this section for fiscal year 2010, but not less than | 84788 |
| zero, plus one-half of six-sevenths of the difference between the | 84789 |
| total fixed-rate levy loss in tax year 2009 and the total | 84790 |
| fixed-rate levy loss in tax year 2008. | 84791 |
| (9) On or before May 31, 2010, fourteen per cent of the | 84792 |
| amount determined under division (A)(2) of this section for | 84793 |
| fiscal year 2010, but not less than zero, plus one-seventh of the | 84794 |
| difference between the total fixed-rate levy loss in tax year 2010 | 84795 |
| and the total fixed-rate levy loss in tax year 2008. | 84796 |
| (10) On or before August 31, 2010, and October 31, 2010, | 84797 |
| forty-three per cent of the amount determined under division | 84798 |
| (A)(2) of this section for fiscal year 2011, but not less than | 84799 |
| zero, plus one-half of six-sevenths of the difference between the | 84800 |
| telephone property fixed-rate levy loss for tax year 2010 and the | 84801 |
| telephone property fixed-rate levy loss for tax year 2009. | 84802 |
| (11) On or before May 31, 2011, fourteen per cent of the | 84803 |
| amount determined under division (A)(2) of this section for | 84804 |
| fiscal year 2011, but not less than zero, plus one-seventh of the | 84805 |
| difference between the telephone property fixed-rate levy loss for | 84806 |
| tax year 2011 and the telephone property fixed-rate levy loss for | 84807 |
| tax year 2009. | 84808 |
| (12) On or before August 31, 2011, and October 31, 2011, | 84809 |
| forty-three per cent of the amount determined under division | 84810 |
|
(A)(2) of this
section
| 84811 |
| 84812 | |
|
but not less
than zero,
| 84813 |
| one-half of six-sevenths of the difference between the telephone | 84814 |
| property fixed-rate levy loss for tax year 2011 and the telephone | 84815 |
| property fixed-rate levy loss for tax year 2010. | 84816 |
| (13) On or before May 31, 2012, fourteen per cent of the | 84817 |
| amount determined under division (A)(2) of this section for | 84818 |
|
fiscal
year 2012, | 84819 |
| 84820 | |
| not less than zero, plus one-seventh of the difference between | 84821 |
| the telephone property fixed-rate levy loss for tax year 2011 and | 84822 |
| the telephone property fixed-rate levy loss for tax year 2010. | 84823 |
| (14) On or before | 84824 |
| 84825 | |
| 84826 | |
| 84827 | |
| 84828 |
| | 84829 |
| 84830 | |
| 84831 | |
| 84832 | |
| 84833 |
| | 84834 |
| 84835 | |
| 84836 | |
| 84837 | |
| 84838 |
| | 84839 |
| 84840 | |
| 84841 | |
| 84842 | |
| 84843 |
| | 84844 |
| 84845 | |
| 84846 | |
| 84847 | |
| 84848 |
| | 84849 |
| 84850 | |
| 84851 | |
| 84852 | |
| 84853 | |
| October of 2012 and of each year thereafter and the thirty-first | 84854 |
| day of May of 2013 and of each year thereafter, one-third of the | 84855 |
| amount determined under division (A)(2) of this section, but not | 84856 |
| less than zero. | 84857 |
| The department of education shall report to each school | 84858 |
| district and joint vocational school district the apportionment of | 84859 |
| the payments among the school district's or joint vocational | 84860 |
|
school district's funds based on the certifications under | 84861 |
| 84862 |
| Any qualifying levy that is a fixed-rate levy that is not | 84863 |
| applicable to a tax year after 2010 does not qualify for any | 84864 |
| reimbursement after the tax year to which it is last applicable. | 84865 |
| (D) For taxes levied within the ten-mill limitation for debt | 84866 |
| purposes in tax year 2005, payments shall be made equal to one | 84867 |
| hundred per cent of the loss computed as if the tax were a | 84868 |
|
fixed-rate levy | 84869 |
| 84870 | |
| 84871 | |
| 84872 | |
| 84873 |
| (E)(1) Not later than January 1, 2006, for each fixed-sum | 84874 |
| levy of each school district or joint vocational school district | 84875 |
| and for each year for which a determination is made under division | 84876 |
| 84877 | |
| levy loss is to be reimbursed, the tax commissioner shall certify | 84878 |
| to the department of education the fixed-sum levy loss determined | 84879 |
| under that division. The certification shall cover a time period | 84880 |
| sufficient to include all fixed-sum levies for which the | 84881 |
| commissioner made such a determination. The department shall pay | 84882 |
| from the school district property tax replacement fund to the | 84883 |
| school district or joint vocational school district one-third of | 84884 |
| the fixed-sum levy loss so certified for each year, plus one-third | 84885 |
| of the amount certified under division (I) of section 5751.20 of | 84886 |
| the Revised Code, on or before the last day of May, August, and | 84887 |
| October of the current year. Payments under this division of the | 84888 |
| amounts certified under division (I) of section 5751.20 of the | 84889 |
| Revised Code shall continue until the levy adopted under section | 84890 |
| 5705.219 of the Revised Code expires. | 84891 |
| (2) Beginning in 2006, by the first day of January of each | 84892 |
| year, the tax commissioner shall review the certification | 84893 |
| originally made under division (E)(1) of this section. If the | 84894 |
| commissioner determines that a debt levy that had been scheduled | 84895 |
| to be reimbursed in the current year has expired, a revised | 84896 |
| certification for that and all subsequent years shall be made to | 84897 |
| the department of education. | 84898 |
| (F) Beginning in September 2007 | 84899 |
| director of budget and management shall transfer from the school | 84900 |
| district tangible property tax replacement fund to the general | 84901 |
| revenue fund each of the following: | 84902 |
| (1) On the first day of September, one-fourth of the amount | 84903 |
| determined for that fiscal year under division (A)(1) of this | 84904 |
| section; | 84905 |
| (2) On the first day of December, one-fourth of the amount | 84906 |
| determined for that fiscal year under division (A)(1) of this | 84907 |
| section; | 84908 |
| (3) On the first day of March, one-fourth of the amount | 84909 |
| determined for that fiscal year under division (A)(1) of this | 84910 |
| section; | 84911 |
| (4) On the first day of June, one-fourth of the amount | 84912 |
| determined for that fiscal year under division (A)(1) of this | 84913 |
| section. | 84914 |
| If, when a transfer is required under division (F)(1), (2), | 84915 |
| (3), or (4) of this section, there is not sufficient money in the | 84916 |
| school district tangible property tax replacement fund to make | 84917 |
| the transfer in the required amount, the director shall transfer | 84918 |
| the balance in the fund to the general revenue fund and may make | 84919 |
| additional transfers on later dates as determined by the director | 84920 |
| in a total amount that does not exceed one-fourth of the amount | 84921 |
| determined for the fiscal year. | 84922 |
| (G) | 84923 |
| total amount in the school district tangible property tax | 84924 |
| replacement fund is insufficient to make all payments under | 84925 |
| divisions (C), (D), and (E) of this section at the times the | 84926 |
| payments are to be made, the director of budget and management | 84927 |
| shall transfer from the general revenue fund to the school | 84928 |
| district tangible property tax replacement fund the difference | 84929 |
| between the total amount to be paid and the amount in the school | 84930 |
|
district tangible property tax replacement fund. | 84931 |
| 84932 | |
| 84933 | |
| 84934 | |
| 84935 | |
| 84936 |
| (H) | 84937 |
| the director of budget and management may transfer any balance in | 84938 |
| the school district tangible property tax replacement fund to the | 84939 |
|
general revenue fund. | 84940 |
| 84941 | |
| 84942 | |
| 84943 |
| | 84944 |
| each fiscal year thereafter, all amounts credited to the school | 84945 |
| district tangible personal property tax replacement fund shall be | 84946 |
| appropriated for school purposes. | 84947 |
| (I) If all of the territory of a school district or joint | 84948 |
| vocational school district is merged with another district, or if | 84949 |
| a part of the territory of a school district or joint vocational | 84950 |
| school district is transferred to an existing or newly created | 84951 |
| district, the department of education, in consultation with the | 84952 |
| tax commissioner, shall adjust the payments made under this | 84953 |
| section as follows: | 84954 |
| (1) For a merger of two or more districts, the machinery and | 84955 |
| equipment, inventory, furniture and fixtures, and telephone | 84956 |
| property fixed-rate levy losses and the fixed-sum levy losses of | 84957 |
| the successor district shall be equal to the sum of the machinery | 84958 |
| and equipment, inventory, furniture and fixtures, and telephone | 84959 |
| property fixed-rate levy losses and debt levy losses as determined | 84960 |
| in section 5751.20 of the Revised Code, for each of the districts | 84961 |
| involved in the merger. | 84962 |
| (2) If property is transferred from one district to a | 84963 |
| previously existing district, the amount of machinery and | 84964 |
| equipment, inventory, furniture and fixtures, and telephone | 84965 |
| property tax value losses and fixed-rate levy losses that shall be | 84966 |
| transferred to the recipient district shall be an amount equal to | 84967 |
| the total machinery and equipment, inventory, furniture and | 84968 |
| fixtures, and telephone property fixed-rate levy losses times a | 84969 |
| fraction, the numerator of which is the value of business tangible | 84970 |
| personal property on the land being transferred in the most recent | 84971 |
| year for which data are available, and the denominator of which is | 84972 |
| the total value of business tangible personal property in the | 84973 |
| district from which the land is being transferred in the most | 84974 |
| recent year for which data are available. For each of the first | 84975 |
| five years after the property is transferred, but not after fiscal | 84976 |
| year 2012, if the tax rate in the recipient district is less than | 84977 |
| the tax rate of the district from which the land was transferred, | 84978 |
| one-half of the payments arising from the amount of fixed-rate | 84979 |
| levy losses so transferred to the recipient district shall be paid | 84980 |
| to the recipient district and one-half of the payments arising | 84981 |
| from the fixed-rate levy losses so transferred shall be paid to | 84982 |
| the district from which the land was transferred. Fixed-rate levy | 84983 |
| losses so transferred shall be computed on the basis of the sum of | 84984 |
| the rates of fixed-rate qualifying levies of the district from | 84985 |
| which the land was transferred, notwithstanding division (E) of | 84986 |
| this section. | 84987 |
| (3) After December 31, 2004, if property is transferred from | 84988 |
| one or more districts to a district that is newly created out of | 84989 |
| the transferred property, the newly created district shall be | 84990 |
| deemed not to have any machinery and equipment, inventory, | 84991 |
| furniture and fixtures, or telephone property fixed-rate levy | 84992 |
| losses and the districts from which the property was transferred | 84993 |
| shall have no reduction in their machinery and equipment, | 84994 |
| inventory, furniture and fixtures, and telephone property | 84995 |
| fixed-rate levy losses. | 84996 |
| (4) If the recipient district under division (I)(2) of this | 84997 |
|
section or the newly created district under | 84998 |
| (I)(3) of this section is assuming debt from one or more of the | 84999 |
| districts from which the property was transferred and any of the | 85000 |
| districts losing the property had fixed-sum levy losses, the | 85001 |
| department of education, in consultation with the tax | 85002 |
| commissioner, shall make an equitable division of the fixed-sum | 85003 |
| levy loss reimbursements. | 85004 |
| Sec. 5751.22. (A) Not later than January 1, 2006, the tax | 85005 |
| commissioner shall compute the payments to be made to each local | 85006 |
| taxing unit for each year according to divisions (A)(1), (2), (3), | 85007 |
| and (4) of this section, and shall distribute the payments in the | 85008 |
| manner prescribed by division (C) of this section. The calculation | 85009 |
| of the fixed-sum levy loss shall cover a time period sufficient to | 85010 |
| include all fixed-sum levies for which the commissioner | 85011 |
| determined, pursuant to division (E) of section 5751.20 of the | 85012 |
| Revised Code, that a fixed-sum levy loss is to be reimbursed. | 85013 |
| (1) | 85014 |
| 85015 | |
| fixtures fixed-rate levy losses determined under division (D) of | 85016 |
| section 5751.20 of the Revised Code, payments shall be made in an | 85017 |
|
amount equal to each of those losses | 85018 |
| | 85019 |
| | 85020 |
| 85021 |
| | 85022 |
| 85023 |
| | 85024 |
| 85025 |
| | 85026 |
| 85027 |
| | 85028 |
| 85029 |
| | 85030 |
| 85031 |
| | 85032 |
| 85033 |
| | 85034 |
| 85035 |
| Any qualifying levy that is a fixed-rate levy that is not | 85036 |
| applicable to a tax year after 2010 shall not qualify for any | 85037 |
| reimbursement after the tax year to which it is last applicable. | 85038 |
| (2) | 85039 |
| 85040 | |
| division (D)(4) of section 5751.20 of the Revised Code, payments | 85041 |
| shall be made in an amount equal to each of those losses | 85042 |
| 85043 |
| | 85044 |
| | 85045 |
| | 85046 |
| | 85047 |
| | 85048 |
| | 85049 |
| | 85050 |
| | 85051 |
| | 85052 |
| 85053 |
| Any qualifying levy that is a fixed-rate levy that is not | 85054 |
| applicable to a tax year after 2011 shall not qualify for any | 85055 |
| reimbursement after the tax year to which it is last applicable. | 85056 |
| (3) For fixed-sum levy losses determined under division (E) | 85057 |
| of section 5751.20 of the Revised Code, payments shall be made in | 85058 |
| the amount of one hundred per cent of the fixed-sum levy loss for | 85059 |
| payments required to be made in 2006 and thereafter. | 85060 |
| (4) For taxes levied within the ten-mill limitation for debt | 85061 |
|
purposes in tax year 2005, payments shall be made | 85062 |
| 85063 | |
| 85064 | |
| 85065 | |
| 85066 | |
| 85067 | |
| 85068 | |
| 85069 | |
| 85070 | |
| of the loss computed as if the tax were a fixed-rate levy. | 85071 |
| (B) Beginning in 2007, by the thirty-first day of January of | 85072 |
| each year, the tax commissioner shall review the calculation | 85073 |
| originally made under division (A) of this section of the | 85074 |
| fixed-sum levy losses determined under division (E) of section | 85075 |
| 5751.20 of the Revised Code. If the commissioner determines that a | 85076 |
| fixed-sum levy that had been scheduled to be reimbursed in the | 85077 |
| current year has expired, a revised calculation for that and all | 85078 |
| subsequent years shall be made. | 85079 |
| (C) Payments to local taxing units required to be made under | 85080 |
| division (A) of this section shall be paid from the local | 85081 |
| government tangible property tax replacement fund to the county | 85082 |
| undivided income tax fund in the proper county treasury. Beginning | 85083 |
| in May 2006, one-seventh of the amount certified under that | 85084 |
| division shall be paid by the last day of May each year, and | 85085 |
| three-sevenths shall be paid by the last day of August and October | 85086 |
| each year. Within forty-five days after receipt of such payments, | 85087 |
| the county treasurer shall distribute amounts determined under | 85088 |
| division (A) of this section to the proper local taxing unit as if | 85089 |
| they had been levied and collected as taxes, and the local taxing | 85090 |
| unit shall apportion the amounts so received among its funds in | 85091 |
| the same proportions as if those amounts had been levied and | 85092 |
| collected as taxes. | 85093 |
| (D) | 85094 |
| total amount in the local government tangible property tax | 85095 |
| replacement fund is insufficient to make all payments under | 85096 |
| division (C) of this section at the times the payments are to be | 85097 |
| made, the director of budget and management shall transfer from | 85098 |
| the general revenue fund to the local government tangible property | 85099 |
| tax replacement fund the difference between the total amount to be | 85100 |
| paid and the amount in the local government tangible property tax | 85101 |
|
replacement fund. | 85102 |
| 85103 | |
| 85104 | |
| 85105 | |
| 85106 |
| (E) On the fifteenth day of June of each year | 85107 |
| 85108 | |
| management may transfer any balance in the local government | 85109 |
| tangible property tax replacement fund to the general revenue | 85110 |
| fund. | 85111 |
| (F) If all or a part of the territories of two or more local | 85112 |
| taxing units are merged, or unincorporated territory of a township | 85113 |
| is annexed by a municipal corporation, the tax commissioner shall | 85114 |
| adjust the payments made under this section to each of the local | 85115 |
| taxing units in proportion to the tax value loss apportioned to | 85116 |
| the merged or annexed territory, or as otherwise provided by a | 85117 |
| written agreement between the legislative authorities of the local | 85118 |
| taxing units certified to the commissioner not later than the | 85119 |
| first day of June of the calendar year in which the payment is to | 85120 |
| be made. | 85121 |
| Sec. 5751.23. (A) As used in this section: | 85122 |
| (1) "Administrative fees" means the dollar percentages | 85123 |
| allowed by the county auditor for services or by the county | 85124 |
| treasurer as fees, or paid to the credit of the real estate | 85125 |
| assessment fund, under divisions (A) and (C) of section 319.54 | 85126 |
| and division (A) of section 321.26 of the Revised Code. | 85127 |
| (2) "Administrative fee loss" means a county's loss of | 85128 |
|
administrative fees due to its tax value loss, determined | 85129 |
| 85130 |
| | 85131 |
| 85132 | |
| 85133 | |
| for all taxing districts in the county under divisions (D) and (E) | 85134 |
| of section 5751.20 of the Revised Code by nine thousand six | 85135 |
| hundred fifty-nine ten-thousandths of one per cent if total taxes | 85136 |
| collected in the county in 2004 exceeded one hundred fifty million | 85137 |
| dollars, or one and one thousand one hundred fifty-nine | 85138 |
| ten-thousandths of one per cent if total taxes collected in the | 85139 |
|
county in 2004 were one hundred fifty million dollars or less | 85140 |
| | 85141 |
| 85142 | |
| 85143 | |
| 85144 | |
| 85145 |
| (3) "Total taxes collected" means all money collected on any | 85146 |
| tax duplicate of the county, other than the estate tax duplicates. | 85147 |
| "Total taxes collected" does not include amounts received pursuant | 85148 |
| to divisions (F) and (G) of section 321.24 or section 323.156 of | 85149 |
| the Revised Code. | 85150 |
| (B) Not later than December 31, 2005, the tax commissioner | 85151 |
| shall certify to each county auditor the tax levy losses | 85152 |
| calculated under divisions (D) and (E) of section 5751.20 of the | 85153 |
| Revised Code for each school district, joint vocational school | 85154 |
| district, and local taxing unit in the county. Not later than the | 85155 |
| thirty-first day of January of 2006 through 2017, the county | 85156 |
| auditor shall determine the administrative fee loss for the county | 85157 |
| and apportion that loss ratably among the school districts, joint | 85158 |
| vocational school districts, and local taxing units on the basis | 85159 |
| of the tax levy losses certified under this division. | 85160 |
| (C) On or before each of the days prescribed for the | 85161 |
| settlements under divisions (A) and (C) of section 321.24 of the | 85162 |
| Revised Code in the years 2006 through 2017, the county treasurer | 85163 |
| shall deduct one-half of the amount apportioned to each school | 85164 |
| district, joint vocational school district, and local taxing unit | 85165 |
| from the portions of revenue payable to them. | 85166 |
| (D) On or before each of the days prescribed for settlements | 85167 |
| under divisions (A) and (C) of section 321.24 of the Revised Code | 85168 |
| in the years 2006 through 2017, the county auditor shall cause to | 85169 |
| be deposited an amount equal to one-half of the amount of the | 85170 |
| administrative fee loss in the same funds as if allowed as | 85171 |
| administrative fees. | 85172 |
| Sec. 5907.111. There is hereby created in the state treasury | 85173 |
| the Ohio veterans' home agency income tax contribution fund, which | 85174 |
| shall consist of money contributed to it under section 5747.113 of | 85175 |
| the Revised Code and of contributions made directly to it. Any | 85176 |
| person may contribute directly to the fund in addition to or | 85177 |
| independently of the income tax refund contribution system | 85178 |
| established in section 5747.113 of the Revised Code. | 85179 |
| Money credited to the fund shall be distributed by the board | 85180 |
| of trustees among residents' benefit funds created pursuant to | 85181 |
| section 5907.11 of the Revised Code and shall be used specifically | 85182 |
| for advancement of veterans' services and assisting veterans with | 85183 |
| significant financial need. | 85184 |
| Sec. 5911.10. If any armory erected or purchased by the | 85185 |
| state becomes vacant because of the deactivation of the | 85186 |
| organizations quartered in that armory, the governor and the | 85187 |
| adjutant general may lease that armory for periods not to exceed | 85188 |
| one year; or, when authorized by an act of the general assembly, | 85189 |
|
may
sell that armory or lease it for a period of years. | 85190 |
| The proceeds from the sale or lease of such an armory, or | 85191 |
| from the sale or lease of other facilities and land owned by the | 85192 |
| adjutant general, shall be credited to the armory improvements | 85193 |
| fund, which is hereby created in the state treasury. The moneys in | 85194 |
| the fund shall be used to support Ohio army national guard | 85195 |
| facility and maintenance expenses as the adjutant general directs. | 85196 |
| Any fund expenditure related to the construction, acquisition, | 85197 |
| lease, or financing of a capital asset is subject to approval by | 85198 |
| the controlling board. Investment earnings of the fund shall be | 85199 |
| credited to the general revenue fund. | 85200 |
| Sec. 5911.11. There is hereby created in the state treasury | 85201 |
| the community match armories fund. The fund shall consist of all | 85202 |
| amounts received as revenue from contributions from local entities | 85203 |
| for construction and maintenance of Ohio army national guard | 85204 |
| readiness and community centers and facilities. The moneys in the | 85205 |
| fund shall be used to support the acquisition and maintenance | 85206 |
| costs of centers and facilities representing the local entity's | 85207 |
| share of costs, including the local entity's share of utility | 85208 |
| costs. Investment earnings of the fund shall be credited to the | 85209 |
| fund. | 85210 |
| Sec. 5913.051. | 85211 |
| 85212 | |
| 85213 | |
| general - army. This assistant shall be a brigadier general and | 85214 |
| shall aid the adjutant general by performing duties that the | 85215 |
|
adjutant general
assigns | 85216 |
| 85217 | |
| This assistant shall not be a full-time state employee or a member | 85218 |
| of the governor's military staff, but shall serve in that capacity | 85219 |
| only during federally recognized training, special duty periods, | 85220 |
| 85221 | |
| time of appointment be in the rank of colonel or above but | 85222 |
|
otherwise meet the qualifications established | 85223 |
| 85224 | |
| officer qualification. | 85225 |
| (B) The adjutant general may appoint an assistant adjutant | 85226 |
| general – airforce. This assistant shall be a brigadier general | 85227 |
| and shall aid the adjutant general by performing duties that the | 85228 |
| adjutant general assigns that include the areas of readiness, | 85229 |
| mobilization, and homeland defense preparedness. This assistant | 85230 |
| shall not be a full-time state employee or a member of the | 85231 |
| governor's military staff, but shall serve in that capacity only | 85232 |
| during federally recognized training, special duty periods, | 85233 |
| mobilization periods, or state active duty, and shall at the time | 85234 |
| of appointment be in the rank of colonel or above but otherwise | 85235 |
| meet the qualifications established by the department of | 85236 |
| defense/air force for general officer qualification. | 85237 |
| Sec. 5913.09. (A) The adjutant general is the custodian of | 85238 |
| all military and other adjutant general's department property, | 85239 |
| both real and personal, belonging to the state. | 85240 |
| (B) The adjutant general may make changes and improvements to | 85241 |
| military and other adjutant general's department property as the | 85242 |
| needs of the state and federal government and the exigencies of | 85243 |
| the service require. All improvements made upon that property | 85244 |
| belonging to the state, from moneys received either all or in part | 85245 |
| from the state or federal government, or both, become the property | 85246 |
| of the state, except as may be provided in an agreement and | 85247 |
| corresponding regulations by which the United States contributes | 85248 |
| to the cost of an improvement. | 85249 |
| (C)(1) In accordance with applicable state and federal law | 85250 |
| and regulations, the adjutant general, with the approval of the | 85251 |
| governor, may acquire by purchase lease, license, or otherwise, | 85252 |
| real and personal property necessary for the purposes of the | 85253 |
| department. | 85254 |
| (2) In accordance with applicable state and federal law and | 85255 |
| regulations, the adjutant general, with the approval of the | 85256 |
| attorney general, may enter into contracts for the construction, | 85257 |
| repair, renovation, maintenance, and operation of military or | 85258 |
| other adjutant general's department property. | 85259 |
| (3) In accordance with applicable state and federal law and | 85260 |
| regulations, the adjutant general, with the approval of the | 85261 |
| governor, may lease or exchange all or part of any military or | 85262 |
| other adjutant general's department property or grant easements or | 85263 |
| licenses, if the lease, exchange, easement, or license is | 85264 |
| advantageous to the state. | 85265 |
| (4) All real property of the adjutant general's department | 85266 |
| shall be sold in accordance with section 5911.10 of the Revised | 85267 |
| Code. | 85268 |
| (D)(1) Except as otherwise provided in this section, all | 85269 |
| income from any military or other adjutant general's department | 85270 |
| property of the state, not made a portion of the company, troop, | 85271 |
| battery, detachment, squadron, or other organization funds by | 85272 |
| regulations, shall be credited to the funds for the operation and | 85273 |
| maintenance of the Ohio organized militia, as the adjutant general | 85274 |
| directs, in accordance with applicable state and federal law and | 85275 |
| regulations and the agreements by which the United States | 85276 |
| contributes to the cost of operation and maintenance of the Ohio | 85277 |
| national guard. | 85278 |
| (2) There is hereby created in the state treasury the camp | 85279 |
| Perry/buckeye inn operations fund. The fund shall consist of all | 85280 |
| amounts received as revenue from the rental of facilities located | 85281 |
| at the camp Perry training site in Ottawa county and the buckeye | 85282 |
| inn at Rickenbacker air national guard base in Franklin county, | 85283 |
| and all amounts received from the use of the camp Perry training | 85284 |
| site and its facilities, including shooting ranges. The moneys in | 85285 |
| the fund shall be used to support the facility operations of the | 85286 |
| camp Perry clubhouse and the buckeye inn. Investment earnings of | 85287 |
| the fund shall be credited to the general revenue fund. | 85288 |
| Sec. 5919.20. There is hereby created in the state treasury | 85289 |
| the national guard service medal fund. The fund shall consist of | 85290 |
| all amounts received from the purchase of Ohio national guard | 85291 |
| service medals for eligible national guard service members as | 85292 |
| authorized by the general assembly. The moneys in the fund shall | 85293 |
| be used to purchase additional medals. Investment earnings of the | 85294 |
| fund shall be credited to the fund. | 85295 |
| Sec. 5919.36. There is hereby created in the state treasury | 85296 |
| the Ohio national guard facility maintenance fund. The fund shall | 85297 |
| consist of all amounts received from revenue from leases of sites, | 85298 |
| including towers and wells, and other revenue received from | 85299 |
| reimbursements for services related to Ohio national guard | 85300 |
| programs. The moneys in the fund shall be used for service, | 85301 |
| maintenance, and repair expenses, and for equipment purchases for | 85302 |
| programs and facilities of the adjutant general. Investment | 85303 |
| earnings of the fund shall be credited to the general revenue | 85304 |
| fund. | 85305 |
| Sec. 6103.01. As used in this chapter: | 85306 |
| (A) "Public water supply facilities," "water supply | 85307 |
| facilities," "water supply improvement," or "improvement" means, | 85308 |
| without limiting the generality of those terms, water wells and | 85309 |
| well fields, springs, lakes, rivers, streams, or other sources of | 85310 |
| water supply, intakes, pumping stations and equipment, treatment, | 85311 |
| filtration, or purification plants, force and distribution lines | 85312 |
| or mains, cisterns, reservoirs, storage facilities, necessary | 85313 |
| equipment for fire protection, other related structures, | 85314 |
| equipment, and furnishings, and real estate and interests in real | 85315 |
| estate, necessary or useful in the proper development of a water | 85316 |
| supply for domestic or other purposes and its proper distribution. | 85317 |
| (B) "Current operating expenses," "debt charges," "permanent | 85318 |
| improvement," "public obligations," and "subdivision" have the | 85319 |
| same meanings as in section 133.01 of the Revised Code. | 85320 |
| (C) "Construct," "construction," or "constructing" means | 85321 |
| construction, reconstruction, enlargement, extension, improvement, | 85322 |
| renovation, repair, and replacement of water supply facilities, | 85323 |
| but does not include repairs, replacements, or similar actions | 85324 |
| that do not constitute and qualify as permanent improvements. | 85325 |
| (D) "Maintain," "maintaining," or "maintenance" means | 85326 |
| repairs, replacements, and similar actions that constitute and are | 85327 |
| payable as current operating expenses and that are required to | 85328 |
| restore water supply facilities to, or to continue water supply | 85329 |
| facilities in, good order and working condition, but does not | 85330 |
| include construction of permanent improvements. | 85331 |
| (E) "Public agency" means a state and any agency or | 85332 |
| subdivision of a state, including a county, a municipal | 85333 |
| corporation, or other subdivision. | 85334 |
| (F) "County sanitary engineer" means either of the following: | 85335 |
| (1) The registered professional engineer employed or | 85336 |
| appointed by the board of county commissioners to be the county | 85337 |
| sanitary engineer as provided in section 6117.01 of the Revised | 85338 |
| Code; | 85339 |
| (2) The county engineer, if, for as long as and to the extent | 85340 |
| that engineer by agreement entered into under section 315.14 of | 85341 |
| the Revised Code is retained to discharge the duties of a county | 85342 |
| sanitary engineer under this chapter. | 85343 |
| (G) "Homestead exemption" means the reduction of taxes | 85344 |
| allowed under division (A) of section 323.152 of the Revised Code. | 85345 |
| (H) "Low- and moderate-income persons" has the same meaning | 85346 |
| as in section 175.01 of the Revised Code. | 85347 |
| Sec. 6103.02. (A) For the purpose of preserving and | 85348 |
| promoting the public health and welfare, a board of county | 85349 |
| commissioners may acquire, construct, maintain, and operate any | 85350 |
| public water supply facilities within its county for one or more | 85351 |
| sewer districts and may provide for their protection and prevent | 85352 |
| their pollution and unnecessary waste. The board may negotiate and | 85353 |
| enter into a contract with any public agency or any person for the | 85354 |
| management, maintenance, operation, and repair of the facilities | 85355 |
| on behalf of the county, upon the terms and conditions as may be | 85356 |
| agreed upon with the agency or person and as may be determined by | 85357 |
| the board to be in the interests of the county. By contract with | 85358 |
| any public agency or any person operating public water supply | 85359 |
| facilities within or without its county, the board also may | 85360 |
| provide a supply of water to a sewer district from the facilities | 85361 |
| of the public agency or person. | 85362 |
| (B) The county sanitary engineer or sanitary engineering | 85363 |
| department, in addition to other assigned duties, shall assist the | 85364 |
| board in the performance of its duties under this chapter and | 85365 |
| shall be charged with other duties and services in relation to | 85366 |
| the board's duties as the board prescribes. | 85367 |
| (C) The board may adopt, publish, administer, and enforce | 85368 |
| rules for the construction, maintenance, protection, and use of | 85369 |
| county-owned or county-operated public water supply facilities | 85370 |
| outside municipal corporations and of public water supply | 85371 |
| facilities within municipal corporations that are owned or | 85372 |
| operated by the county or that are supplied with water from water | 85373 |
| supply facilities owned or operated by the county, including, but | 85374 |
| not limited to, rules for the establishment and use of any | 85375 |
| connections, the termination in accordance with reasonable | 85376 |
| procedures of water service for nonpayment of county water rates | 85377 |
| and charges, and the establishment and use of security deposits to | 85378 |
| the extent considered necessary to ensure the payment of county | 85379 |
| water rates and charges. The rules shall not be inconsistent with | 85380 |
| the laws of the state or any applicable rules of the director of | 85381 |
| environmental protection. | 85382 |
| (D) No public water supply facilities shall be constructed in | 85383 |
| any county outside municipal corporations by any person, except | 85384 |
| for the purpose of supplying water to those municipal | 85385 |
| corporations, until the plans and specifications for the | 85386 |
| facilities have been approved by the board. Construction shall be | 85387 |
| done under the supervision of the county sanitary engineer. Any | 85388 |
| person constructing public water supply facilities shall pay to | 85389 |
| the county all expenses incurred by the board in connection with | 85390 |
| the construction. | 85391 |
| (E) The county sanitary engineer or the county sanitary | 85392 |
| engineer's authorized assistants or agents, when properly | 85393 |
| identified in writing or otherwise and after written notice is | 85394 |
| delivered to the owner at least five days in advance or mailed at | 85395 |
| least five days in advance by first class or certified mail to the | 85396 |
| owner's tax mailing address, may enter upon any public or private | 85397 |
| property for the purpose of making, and may make, surveys or | 85398 |
| inspections necessary for the design or evaluation of county | 85399 |
| public water supply facilities. This entry is not a trespass and | 85400 |
| is not to be considered an entry in connection with any | 85401 |
| appropriation of property proceedings under sections 163.01 to | 85402 |
| 163.22 of the Revised Code that may be pending. No person or | 85403 |
| public agency shall forbid the county sanitary engineer or the | 85404 |
| county sanitary engineer's authorized assistants or agents to | 85405 |
| enter, or interfere with their entry, upon the property for the | 85406 |
| purpose of making the surveys or inspections. If actual damage is | 85407 |
| done to property by the making of the surveys or inspections, the | 85408 |
| board shall pay the reasonable value of the damage to the property | 85409 |
| owner, and the cost shall be included in the cost of the | 85410 |
| facilities and may be included in any special assessments levied | 85411 |
| and collected to pay that cost. | 85412 |
| (F) The board shall fix reasonable rates, including penalties | 85413 |
| for late payments, for water supplied to public agencies and | 85414 |
| persons when the source of supply or the facilities for its | 85415 |
| distribution are owned or operated by the county and may change | 85416 |
| the rates from time to time as it considers advisable. When the | 85417 |
| source of the water supply to be used by the county is owned by | 85418 |
| another public agency or person, the schedule of rates to be | 85419 |
| charged by the public agency or person shall be approved by the | 85420 |
| board at the time it enters into a contract for the use of water | 85421 |
|
from the public agency or person. | 85422 |
| When the distribution facilities are owned by the county, the | 85423 |
| board also may fix reasonable charges to be collected for the | 85424 |
| privilege of connecting to the distribution facilities and may | 85425 |
| require that, prior to the connection, the charges be paid in full | 85426 |
| or, if determined by the board to be equitable in a resolution | 85427 |
| relating to the payment of the charges, may require their payment | 85428 |
| in installments, as considered adequate by the board, at the | 85429 |
| times, in the amounts, and with the security, carrying charges, | 85430 |
| and penalties as may be determined by the board in that resolution | 85431 |
| to be fair and appropriate. No public agency or person shall be | 85432 |
| permitted to connect to those facilities until the charges have | 85433 |
| been paid in full or provision for their payment in installments | 85434 |
| has been made. If the connection charges are to be paid in | 85435 |
| installments, the board shall certify, to the county auditor, | 85436 |
| information sufficient to identify each parcel of property served | 85437 |
| by a connection and, with respect to each parcel, the total of the | 85438 |
| charges to be paid in installments, the amount of each | 85439 |
| installment, and the total number of installments to be paid. The | 85440 |
| county auditor shall record and maintain the information so | 85441 |
| supplied in the waterworks record provided for in section 6103.16 | 85442 |
| of the Revised Code until the connection charges are paid in full. | 85443 |
| The board may include amounts attributable to connection charges | 85444 |
| being paid in installments in its billings of rates and other | 85445 |
| charges for water supplied. In addition, the board may consider | 85446 |
| payments made to a school district under section 6103.25 of the | 85447 |
| Revised Code when the board establishes rates and other charges | 85448 |
| for water supplied. | 85449 |
| A board may establish discounted rates or charges or may | 85450 |
| establish another mechanism for providing a reduction in rates or | 85451 |
| charges for persons who are sixty-five years of age or older. The | 85452 |
| board shall establish eligibility requirements for such discounted | 85453 |
| or reduced rates or charges, including a requirement that a person | 85454 |
| be eligible for the homestead exemption or qualify as a low- and | 85455 |
| moderate-income person. | 85456 |
| (G) When any rates or charges are not paid when due, the | 85457 |
| board may do any or all of the following: | 85458 |
| (1) Certify the unpaid rates or charges, together with any | 85459 |
| penalties, to the county auditor. The county auditor shall place | 85460 |
| the certified amount upon the real property tax list and duplicate | 85461 |
| against the property served by the connection. The certified | 85462 |
| amount shall be a lien on the property from the date placed on the | 85463 |
| real property tax list and duplicate and shall be collected in the | 85464 |
| same manner as taxes, except that, notwithstanding section 323.15 | 85465 |
| of the Revised Code, a county treasurer shall accept a payment in | 85466 |
| that amount when separately tendered as payment for the full | 85467 |
| amount of the unpaid rates or charges and associated penalties. | 85468 |
| The lien shall be released immediately upon payment in full of the | 85469 |
| certified amount. | 85470 |
| (2) Collect the unpaid rates or charges, together with any | 85471 |
| penalties, by actions at law in the name of the county from an | 85472 |
| owner, tenant, or other person or public agency that is liable for | 85473 |
| the payment of the rates or charges; | 85474 |
| (3) Terminate, in accordance with established rules, the | 85475 |
| water service to the particular property unless and until the | 85476 |
| unpaid rates or charges, together with any penalties, are paid in | 85477 |
| full; | 85478 |
| (4) Apply, to the extent required, any security deposit made | 85479 |
| in accordance with established rules to the payment of the unpaid | 85480 |
| rates and charges, together with any penalties, for water service | 85481 |
| to the particular property. | 85482 |
| All moneys collected as rates, charges, or penalties fixed or | 85483 |
| established in accordance with division (F) of this section for | 85484 |
| water supply purposes in or for any sewer district shall be paid | 85485 |
| to the county treasurer and kept in a separate and distinct water | 85486 |
| fund established by the board to the credit of the district. | 85487 |
| Each board that fixes water rates or charges may render | 85488 |
| estimated bills periodically, provided that at least quarterly it | 85489 |
| shall schedule an actual reading of each customer's meter so as to | 85490 |
| render a bill for the actual amount shown by the meter reading to | 85491 |
| be due, with credit for prior payments of any estimated bills | 85492 |
| submitted for any part of the billing period, except that | 85493 |
| estimated bills may be rendered if a customer's meter is not | 85494 |
| accessible for a timely reading or if the circumstances preclude a | 85495 |
| scheduled reading. Each board also shall establish procedures | 85496 |
| providing a fair and reasonable opportunity for the resolution of | 85497 |
| billing disputes. | 85498 |
| When property to which water service is provided is about to | 85499 |
| be sold, any party to the sale or an agent of a party may request | 85500 |
| the board to have the meter at that property read and to render, | 85501 |
| within ten days following the date on which the request is made, a | 85502 |
| final bill for all outstanding rates and charges for water | 85503 |
| service. The request shall be made at least fourteen days prior | 85504 |
| to the transfer of the title of the property. | 85505 |
| At any time prior to a certification under division (G)(1) of | 85506 |
| this section, the board shall accept any partial payment of unpaid | 85507 |
| water rates or charges in the amount of ten dollars or more. | 85508 |
| Except as otherwise provided in any proceedings authorizing | 85509 |
| or providing for the security for and payment of any public | 85510 |
| obligations, or in any indenture or trust or other agreement | 85511 |
| securing public obligations, moneys in the water fund shall be | 85512 |
| applied first to the payment of the cost of the management, | 85513 |
| maintenance, and operation of the water supply facilities of, or | 85514 |
| used or operated for, the sewer district, which cost may include | 85515 |
| the county's share of management, maintenance, and operation costs | 85516 |
| under cooperative contracts for the acquisition, construction, or | 85517 |
| use of water supply facilities and, in accordance with a cost | 85518 |
| allocation plan adopted under division (H) of this section, | 85519 |
| payment of all allowable direct and indirect costs of the | 85520 |
| district, the county sanitary engineer or sanitary engineering | 85521 |
| department, or a federal or state grant program, incurred for the | 85522 |
| purposes of this chapter, and shall be applied second to the | 85523 |
| payment of debt charges payable on any outstanding public | 85524 |
| obligations issued or incurred for the acquisition or construction | 85525 |
| of water supply facilities for or serving the district, or for the | 85526 |
| funding of a bond retirement or other fund established for the | 85527 |
| payment of or security for the obligations. Any surplus remaining | 85528 |
| may be applied to the acquisition or construction of those | 85529 |
| facilities or for the payment of contributions to be made, or | 85530 |
| costs incurred, for the acquisition or construction of those | 85531 |
| facilities under cooperative contracts. Moneys in the water fund | 85532 |
| shall not be expended other than for the use and benefit of the | 85533 |
| district. | 85534 |
| (H) A board of county commissioners may adopt a cost | 85535 |
| allocation plan that identifies, accumulates, and distributes | 85536 |
| allowable direct and indirect costs that may be paid from the | 85537 |
| water fund of the sewer district created pursuant to division (G) | 85538 |
| of this section, and that prescribes methods for allocating those | 85539 |
| costs. The plan shall authorize payment from the fund of only | 85540 |
| those costs incurred by the district, the county sanitary engineer | 85541 |
| or sanitary engineering department, or a federal or state grant | 85542 |
| program, and those costs incurred by the general and other funds | 85543 |
| of the county for a common or joint purpose, that are necessary | 85544 |
| and reasonable for the proper and efficient administration of the | 85545 |
| district under this chapter. The plan shall not authorize payment | 85546 |
| from the fund of any general government expense required to carry | 85547 |
| out the overall governmental responsibilities of a county. The | 85548 |
| plan shall conform to United States office of management and | 85549 |
| budget Circular A-87, "Cost Principles for State, Local, and | 85550 |
| Indian Tribal Governments," published May 17, 1995. | 85551 |
| Sec. 6109.21. (A) Except as provided in divisions (D) and | 85552 |
| (E) of this section, on and after January 1, 1994, no person shall | 85553 |
| operate or maintain a public water system in this state without a | 85554 |
| license issued by the director of environmental protection. A | 85555 |
| person who operates or maintains a public water system on January | 85556 |
| 1, 1994, shall obtain an initial license under this section in | 85557 |
| accordance with the following schedule: | 85558 |
| (1) If the public water system is a community water system, | 85559 |
| not later than January 31, 1994; | 85560 |
| (2) If the public water system is not a community water | 85561 |
| system and serves a nontransient population, not later than | 85562 |
| January 31, 1994; | 85563 |
| (3) If the public water system is not a community water | 85564 |
| system and serves a transient population, not later than January | 85565 |
| 31, 1995. | 85566 |
| A person proposing to operate or maintain a new public water | 85567 |
| system after January 1, 1994, in addition to complying with | 85568 |
| section 6109.07 of the Revised Code and rules adopted under it, | 85569 |
| shall submit an application for an initial license under this | 85570 |
| section to the director prior to commencing operation of the | 85571 |
| system. | 85572 |
| A license or license renewal issued under this section shall | 85573 |
| be renewed annually. Such a license or license renewal shall | 85574 |
| expire on the thirtieth day of January in the year following its | 85575 |
| issuance. A license holder that proposes to continue operating the | 85576 |
| public water system for which the license or license renewal was | 85577 |
| issued shall apply for a license renewal at least thirty days | 85578 |
| prior to that expiration date. | 85579 |
| The director shall adopt, and may amend and rescind, rules in | 85580 |
| accordance with Chapter 119. of the Revised Code establishing | 85581 |
| procedures governing and information to be included on | 85582 |
| applications for licenses and license renewals under this section. | 85583 |
|
Through June 30,
| 85584 |
| by the appropriate fee established under division (M) of section | 85585 |
| 3745.11 of the Revised Code, provided that an applicant for an | 85586 |
| initial license who is proposing to operate or maintain a new | 85587 |
| public water system after January 1, 1994, shall submit a fee that | 85588 |
| equals a prorated amount of the appropriate fee established under | 85589 |
| that division for the remainder of the licensing year. | 85590 |
| (B) Not later than thirty days after receiving a completed | 85591 |
| application and the appropriate license fee for an initial license | 85592 |
| under division (A) of this section, the director shall issue the | 85593 |
| license for the public water system. Not later than thirty days | 85594 |
| after receiving a completed application and the appropriate | 85595 |
| license fee for a license renewal under division (A) of this | 85596 |
| section, the director shall do one of the following: | 85597 |
| (1) Issue the license renewal for the public water system; | 85598 |
| (2) Issue the license renewal subject to terms and conditions | 85599 |
| that the director determines are necessary to ensure compliance | 85600 |
| with this chapter and rules adopted under it; | 85601 |
| (3) Deny the license renewal if the director finds that the | 85602 |
| public water system was not operated in substantial compliance | 85603 |
| with this chapter and rules adopted under it. | 85604 |
| (C) The director may suspend or revoke a license or license | 85605 |
| renewal issued under this section if the director finds that the | 85606 |
| public water system was not operated in substantial compliance | 85607 |
| with this chapter and rules adopted under it. The director shall | 85608 |
| adopt, and may amend and rescind, rules in accordance with Chapter | 85609 |
| 119. of the Revised Code governing such suspensions and | 85610 |
| revocations. | 85611 |
| (D)(1) As used in division (D) of this section, "church" | 85612 |
| means a fellowship of believers, congregation, society, | 85613 |
| corporation, convention, or association that is formed primarily | 85614 |
| or exclusively for religious purposes and that is not formed or | 85615 |
| operated for the private profit of any person. | 85616 |
| (2) This section does not apply to a church that operates or | 85617 |
| maintains a public water system solely to provide water for that | 85618 |
| church or for a campground that is owned by the church and | 85619 |
| operated primarily or exclusively for members of the church and | 85620 |
| their families. A church that, on or before March 5, 1996, has | 85621 |
| obtained a license under this section for such a public water | 85622 |
| system need not obtain a license renewal under this section. | 85623 |
| (E) This section does not apply to any public or nonpublic | 85624 |
| school that meets minimum standards of the state board of | 85625 |
| education that operates or maintains a public water system solely | 85626 |
| to provide water for that school. | 85627 |
| (F) The environmental protection agency shall collect well | 85628 |
| log filing fees on behalf of the division of soil and water | 85629 |
| resources in the department of natural resources in accordance | 85630 |
| with section 1521.05 of the Revised Code and rules adopted under | 85631 |
| it. The fees shall be submitted to the division quarterly as | 85632 |
| provided in those rules. | 85633 |
| Sec. 6111.044. Upon receipt of an application for an | 85634 |
| injection well drilling permit, an injection well operating | 85635 |
| permit, a renewal of an injection well operating permit, or a | 85636 |
| modification of an injection well drilling permit, operating | 85637 |
| permit, or renewal of an operating permit, the director of | 85638 |
| environmental protection shall determine whether the application | 85639 |
| is complete and demonstrates that the activities for which the | 85640 |
| permit, renewal permit, or modification is requested will comply | 85641 |
| with the Federal Water Pollution Control Act and regulations | 85642 |
| adopted under it; the "Safe Drinking Water Act," 88 Stat. 1661 | 85643 |
| (1974), 42 U.S.C.A. 300(f), as amended, and regulations adopted | 85644 |
| under it; and this chapter and the rules adopted under it. If the | 85645 |
| application demonstrates that the proposed activities will not | 85646 |
| comply or will pose an unreasonable risk of inducing seismic | 85647 |
| activity, inducing geologic fracturing, or contamination of an | 85648 |
| underground source of drinking water, the director shall deny the | 85649 |
| application. If the application does not make the required | 85650 |
| demonstrations, the director shall return it to the applicant with | 85651 |
| an indication of those matters about which a required | 85652 |
| demonstration was not made. If the director determines that the | 85653 |
| application makes the required demonstrations, the director shall | 85654 |
| transmit copies of the application and all of the accompanying | 85655 |
| maps, data, samples, and information to the chief of the division | 85656 |
| of mineral resources management, the chief of the division of | 85657 |
| geological survey, and the chief of the division of soil and water | 85658 |
| resources in the department of natural resources. | 85659 |
| The chief of the division of geological survey shall comment | 85660 |
| upon the application if the chief determines that the proposed | 85661 |
| well or injection will present an unreasonable risk of loss or | 85662 |
| damage to valuable mineral resources. If the chief submits | 85663 |
| comments on the application, those comments shall be accompanied | 85664 |
| by an evaluation of the geological factors upon which the comments | 85665 |
| are based, including fractures, faults, earthquake potential, and | 85666 |
| the porosity and permeability of the injection zone and confining | 85667 |
| zone, and by the documentation supporting the evaluation. The | 85668 |
| director shall take into consideration the chief's comments, and | 85669 |
| the accompanying evaluation of geologic factors and supporting | 85670 |
| documentation, when considering the application. The director | 85671 |
| shall provide written notice to the chief of the director's | 85672 |
| decision on the application and, if the chief's comments are not | 85673 |
| included in the permit, renewal permit, or modification, of the | 85674 |
| director's rationale for not including them. | 85675 |
| The chief of the division of mineral resources management | 85676 |
| shall comment upon the application if the chief determines that | 85677 |
| the proposed well or injection will present an unreasonable risk | 85678 |
| that waste or contamination of recoverable oil or gas in the earth | 85679 |
| will occur. If the chief submits comments on the application, | 85680 |
| those comments shall be accompanied by an evaluation of the oil or | 85681 |
| gas reserves that, in the best professional judgment of the chief, | 85682 |
| are recoverable and will be adversely affected by the proposed | 85683 |
| well or injection, and by the documentation supporting the | 85684 |
| evaluation. The director shall take into consideration the | 85685 |
| chief's comments, and the accompanying evaluation and supporting | 85686 |
| documentation, when considering the application. The director | 85687 |
| shall provide written notice to the chief of the director's | 85688 |
| decision on the application and, if the chief's comments are not | 85689 |
| included in the permit, renewal permit, or modification, of the | 85690 |
| director's rationale for not including them. | 85691 |
| The chief of the division of soil and water resources shall | 85692 |
| assist the director in determining whether all underground sources | 85693 |
| of drinking water in the area of review of the proposed well or | 85694 |
| injection have been identified and correctly delineated in the | 85695 |
| application. If the application fails to identify or correctly | 85696 |
| delineate an underground source of drinking water, the chief shall | 85697 |
| provide written notice of that fact to the director. | 85698 |
| The chief of the division of mineral resources management | 85699 |
| also shall review the application as follows: | 85700 |
| If the application concerns the drilling or conversion of a | 85701 |
| well or the injection into a well that is not or is not to be | 85702 |
| located within five thousand feet of the excavation and workings | 85703 |
| of a mine, the chief of the division of mineral resources | 85704 |
| management shall note upon the application that it has been | 85705 |
| examined by the division of mineral resources management, retain a | 85706 |
| copy of the application and map, and immediately return a copy of | 85707 |
| the application to the director. | 85708 |
| If the application concerns the drilling or conversion of a | 85709 |
| well or the injection into a well that is or is to be located | 85710 |
| within five thousand feet, but more than five hundred feet from | 85711 |
| the surface excavations and workings of a mine, the chief of the | 85712 |
| division of mineral resources management immediately shall notify | 85713 |
| the owner or lessee of the mine that the application has been | 85714 |
| filed and send to the owner or lessee a copy of the map | 85715 |
| accompanying the application setting forth the location of the | 85716 |
| well. The chief of the division of mineral resources management | 85717 |
| shall note on the application that the notice has been sent to the | 85718 |
| owner or lessee of the mine, retain a copy of the application and | 85719 |
| map, and immediately return a copy of the application to the | 85720 |
| director with the chief's notation on it. | 85721 |
| If the application concerns the drilling or conversion of a | 85722 |
| well or the injection into a well that is or is to be located | 85723 |
| within five thousand feet of the underground excavations and | 85724 |
| workings of a mine or within five hundred feet of the surface | 85725 |
| excavations and workings of a mine, the chief of the division of | 85726 |
| mineral resources management immediately shall notify the owner or | 85727 |
| lessee of the mine that the application has been filed and send to | 85728 |
| the owner or lessee a copy of the map accompanying the application | 85729 |
| setting forth the location of the well. If the owner or lessee | 85730 |
| objects to the application, the owner or lessee shall notify the | 85731 |
| chief of the division of mineral resources management of the | 85732 |
| objection, giving the reasons, within six days after the receipt | 85733 |
| of the notice. If the chief of the division of mineral resources | 85734 |
| management receives no objections from the owner or lessee of the | 85735 |
| mine within ten days after the receipt of the notice by the owner | 85736 |
| or lessee, or if in the opinion of the chief of the division of | 85737 |
| mineral resources management the objections offered by the owner | 85738 |
|
or
lessee are not sufficiently | 85739 |
| chief shall retain a copy of the application and map and return a | 85740 |
| copy of the application to the director with any applicable notes | 85741 |
| concerning it. | 85742 |
| If the chief of the division of mineral resources management | 85743 |
| receives an objection from the owner or lessee of the mine as to | 85744 |
| the application, within ten days after receipt of the notice by | 85745 |
| the owner or lessee, and if in the opinion of the chief the | 85746 |
|
objection is
| 85747 |
| the application and immediately return it to the director together | 85748 |
| with the chief's reasons for the disapproval. The director | 85749 |
| promptly shall notify the applicant for the permit, renewal | 85750 |
| permit, or modification of the disapproval. The applicant may | 85751 |
| appeal the disapproval of the application by the chief of the | 85752 |
| division of mineral resources management to the reclamation | 85753 |
| commission created under section 1513.05 of the Revised Code, and | 85754 |
| the commission shall hear the appeal in accordance with section | 85755 |
| 1513.13 of the Revised Code. The appeal shall be filed within | 85756 |
| thirty days from the date the applicant receives notice of the | 85757 |
| disapproval. No comments concerning or disapproval of an | 85758 |
| application shall be delayed by the chief of the division of | 85759 |
| mineral resources management for more than fifteen days from the | 85760 |
| date of sending of notice to the mine owner or lessee as required | 85761 |
| by this section. | 85762 |
| The director shall not approve an application for an | 85763 |
| injection well drilling permit, an injection well operating | 85764 |
| permit, a renewal of an injection well operating permit, or a | 85765 |
| modification of an injection well drilling permit, operating | 85766 |
| permit, or renewal of an operating permit for a well that is or is | 85767 |
| to be located within three hundred feet of any opening of any mine | 85768 |
| used as a means of ingress, egress, or ventilation for persons | 85769 |
| employed in the mine, nor within one hundred feet of any building | 85770 |
| or flammable structure connected with the mine and actually used | 85771 |
| as a part of the operating equipment of the mine, unless the chief | 85772 |
| of the division of mineral resources management determines that | 85773 |
| life or property will not be endangered by drilling and operating | 85774 |
| the well in that location. | 85775 |
| Upon review by the chief of the division of mineral resources | 85776 |
| management, the chief of the division of geological survey, and | 85777 |
| the chief of the division of soil and water resources, and if the | 85778 |
| chief of the division of mineral resources management has not | 85779 |
| disapproved the application, the director shall issue a permit, | 85780 |
| renewal permit, or modification with any terms and conditions that | 85781 |
| may be necessary to comply with the Federal Water Pollution | 85782 |
| Control Act and regulations adopted under it; the "Safe Drinking | 85783 |
| Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f) as amended, | 85784 |
| and regulations adopted under it; and this chapter and the rules | 85785 |
| adopted under it. The director shall not issue a permit, renewal | 85786 |
| permit, or modification to an applicant if the applicant or | 85787 |
| persons associated with the applicant have engaged in or are | 85788 |
| engaging in a substantial violation of this chapter that is | 85789 |
| endangering or may endanger human health or the environment or if, | 85790 |
| in the case of an applicant for an injection well drilling permit, | 85791 |
| the applicant, at the time of applying for the permit, did not | 85792 |
| hold an injection well operating permit or renewal of an injection | 85793 |
| well drilling permit and failed to demonstrate sufficient | 85794 |
| expertise and competency to operate the well in compliance with | 85795 |
| the applicable provisions of this chapter. | 85796 |
| If the director receives a disapproval from the chief of the | 85797 |
| division of mineral resources management regarding an application | 85798 |
| for an injection well drilling or operating permit, renewal | 85799 |
| permit, or modification, if required, the director shall issue an | 85800 |
| order denying the application. | 85801 |
| The director need not issue a proposed action under section | 85802 |
| 3745.07 of the Revised Code or hold an adjudication hearing under | 85803 |
| that section and Chapter 119. of the Revised Code before issuing | 85804 |
| or denying a permit, renewal permit, or modification of a permit | 85805 |
| or renewal permit. Before issuing or renewing a permit to drill or | 85806 |
| operate a class I injection well or a modification of it, the | 85807 |
| director shall propose the permit, renewal permit, or modification | 85808 |
| in draft form and shall hold a public hearing to receive public | 85809 |
| comment on the draft permit, renewal permit, or modification. At | 85810 |
| least fifteen days before the public hearing on a draft permit, | 85811 |
| renewal permit, or modification, the director shall publish notice | 85812 |
| of the date, time, and location of the public hearing in at least | 85813 |
| one newspaper of general circulation serving the area where the | 85814 |
| well is or is to be located. The proposing of such a draft permit, | 85815 |
| renewal permit, or modification does not constitute the issuance | 85816 |
| of a proposed action under section 3745.07 of the Revised Code, | 85817 |
| and the holding of the public hearing on such a draft permit, | 85818 |
| renewal permit, or modification does not constitute the holding of | 85819 |
| an adjudication hearing under that section and Chapter 119. of the | 85820 |
| Revised Code. Appeals of orders other than orders of the chief of | 85821 |
| the division of mineral resources management shall be taken under | 85822 |
| sections 3745.04 to 3745.08 of the Revised Code. | 85823 |
| The director may order that an injection well drilling permit | 85824 |
| or an injection well operating permit or renewal permit be | 85825 |
| suspended and that activities under it cease after determining | 85826 |
| that those activities are occurring in violation of law, rule, | 85827 |
| order, or term or condition of the permit. Upon service of a copy | 85828 |
| of the order upon the permit holder or the permit holder's | 85829 |
| authorized agent or assignee, the permit and activities under it | 85830 |
| shall be suspended immediately without prior hearing and shall | 85831 |
| remain suspended until the violation is corrected and the order of | 85832 |
| suspension is lifted. If a violation is the second within a | 85833 |
| one-year period, the director, after a hearing, may revoke the | 85834 |
| permit. | 85835 |
| The director may order that an injection well drilling permit | 85836 |
| or an injection well operating permit or renewal permit be | 85837 |
| suspended and that activities under it cease if the director has | 85838 |
| reasonable cause to believe that the permit would not have been | 85839 |
| issued if the information available at the time of suspension had | 85840 |
| been available at the time a determination was made by one of the | 85841 |
| agencies acting under authority of this section. Upon service of a | 85842 |
| copy of the order upon the permit holder or the permit holder's | 85843 |
| authorized agent or assignee, the permit and activities under it | 85844 |
| shall be suspended immediately without prior hearing, but a permit | 85845 |
| may not be suspended for that reason without prior hearing unless | 85846 |
| immediate suspension is necessary to prevent waste or | 85847 |
| contamination of oil or gas, comply with the Federal Water | 85848 |
| Pollution Control Act and regulations adopted under it; the "Safe | 85849 |
| Drinking Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as | 85850 |
| amended, and regulations adopted under it; and this chapter and | 85851 |
| the rules adopted under it, or prevent damage to valuable mineral | 85852 |
| resources, prevent contamination of an underground source of | 85853 |
| drinking water, or prevent danger to human life or health. If | 85854 |
| after a hearing the director determines that the permit would not | 85855 |
| have been issued if the information available at the time of the | 85856 |
| hearing had been available at the time a determination was made by | 85857 |
| one of the agencies acting under authority of this section, the | 85858 |
| director shall revoke the permit. | 85859 |
| When a permit has been revoked, the permit holder or other | 85860 |
| person responsible for it immediately shall plug the well in the | 85861 |
| manner required by the director. | 85862 |
| The director may issue orders to prevent or require cessation | 85863 |
| of violations of this section, section 6111.043, 6111.045, | 85864 |
| 6111.046, or 6111.047 of the Revised Code, rules adopted under any | 85865 |
| of those sections, and terms or conditions of permits issued under | 85866 |
| any of them. The orders may require the elimination of conditions | 85867 |
| caused by the violation. | 85868 |
| Sec. 6117.01. (A) As used in this chapter: | 85869 |
| (1) "Sanitary facilities" means sanitary sewers, force mains, | 85870 |
| lift or pumping stations, and facilities for the treatment, | 85871 |
| disposal, impoundment, or storage of wastes; equipment and | 85872 |
| furnishings; and all required appurtenances and necessary real | 85873 |
| estate and interests in real estate. | 85874 |
| (2) "Drainage" or "waters" means flows from rainfall or | 85875 |
| otherwise produced by, or resulting from, the elements, storm | 85876 |
| water discharges and releases or migrations of waters from | 85877 |
| properties, accumulations, flows, and overflows of water, | 85878 |
| including accelerated flows and runoffs, flooding and threats of | 85879 |
| flooding of properties and structures, and other surface and | 85880 |
| subsurface drainage. | 85881 |
| (3) "Drainage facilities" means storm sewers, force mains, | 85882 |
| pumping stations, and facilities for the treatment, disposal, | 85883 |
| impoundment, retention, control, or storage of waters; | 85884 |
| improvements of or for any channel, ditch, drain, floodway, or | 85885 |
| watercourse, including location, construction, reconstruction, | 85886 |
| reconditioning, widening, deepening, cleaning, removal of | 85887 |
| obstructions, straightening, boxing, culverting, tiling, filling, | 85888 |
| walling, arching, or change in course, location, or terminus; | 85889 |
| improvements of or for a river, creek, or run, including | 85890 |
| reinforcement of banks, enclosing, deepening, widening, | 85891 |
| straightening, removal of obstructions, or change in course, | 85892 |
| location, or terminus; facilities for the protection of lands | 85893 |
| from the overflow of water, including a levee, wall, embankment, | 85894 |
| jetty, dike, dam, sluice, revetment, reservoir, retention or | 85895 |
| holding basin, control gate, or breakwater; facilities for | 85896 |
| controlled drainage, regulation of stream flow, and protection of | 85897 |
| an outlet; the vacation of a ditch or drain; equipment and | 85898 |
| furnishings; and all required appurtenances and necessary real | 85899 |
| estate and interests in real estate. | 85900 |
| (4) "County sanitary engineer" means either of the following: | 85901 |
| (a) The registered professional engineer employed or | 85902 |
| appointed by the board of county commissioners to be the county | 85903 |
| sanitary engineer as provided in this section3; | 85904 |
| (b) The county engineer, if, for as long as and to the extent | 85905 |
| that engineer by agreement entered into under section 315.14 of | 85906 |
| the Revised Code is retained to discharge duties of a county | 85907 |
| sanitary engineer under this chapter. | 85908 |
| (5) "Current operating expenses," "debt charges," "permanent | 85909 |
| improvement," "public obligations," and "subdivision" have the | 85910 |
| same meanings as in section 133.01 of the Revised Code. | 85911 |
| (6) "Construct," "construction," or "constructing" means | 85912 |
| construction, reconstruction, enlargement, extension, improvement, | 85913 |
| renovation, repair, and replacement of sanitary or drainage | 85914 |
| facilities or of prevention or replacement facilities, but does | 85915 |
| not include any repairs, replacements, or similar actions that do | 85916 |
| not constitute and qualify as permanent improvements. | 85917 |
| (7) "Maintain," "maintaining," or "maintenance" means | 85918 |
| repairs, replacements, and similar actions that constitute and are | 85919 |
| payable as current operating expenses and that are required to | 85920 |
| restore sanitary or drainage facilities or prevention or | 85921 |
| replacement facilities to, or to continue sanitary or drainage | 85922 |
| facilities or prevention or replacement facilities in, good order | 85923 |
| and working condition, but does not include construction of | 85924 |
| permanent improvements. | 85925 |
| (8) "Public agency" means a state and any agency or | 85926 |
| subdivision of a state, including a county, a municipal | 85927 |
| corporation, or other subdivision. | 85928 |
| (9) "Combined sewer" means a sewer system that is designed to | 85929 |
| collect and convey sewage, including domestic, commercial, and | 85930 |
| industrial wastewater, and storm water through a single-pipe | 85931 |
| system to a treatment works or combined sewer overflow outfall | 85932 |
| approved by the director of environmental protection. | 85933 |
| (10) "Prevention or replacement facilities" means vegetated | 85934 |
| swales or median strips, permeable pavement, trees and tree boxes, | 85935 |
| rain barrels and cisterns, rain gardens and filtration planters, | 85936 |
| vegetated roofs, wetlands, riparian buffers, and practices and | 85937 |
| structures that use or mimic natural processes to filter or reuse | 85938 |
| storm water. | 85939 |
| (11) "Homestead exemption" means the reduction of taxes | 85940 |
| allowed under division (A) of section 323.152 of the Revised Code. | 85941 |
| (12) "Low- and moderate-income person" has the same meaning | 85942 |
| as in section 175.01 of the Revised Code. | 85943 |
| (B)(1) For the purpose of preserving and promoting the public | 85944 |
| health and welfare, a board of county commissioners may lay out, | 85945 |
| establish, consolidate, or otherwise modify the boundaries of, and | 85946 |
| maintain, one or more sewer districts within the county and | 85947 |
| outside municipal corporations and may have a registered | 85948 |
| professional engineer make the surveys necessary for the | 85949 |
| determination of the proper boundaries of each district, which | 85950 |
| shall be designated by an appropriate name or number. The board | 85951 |
| may acquire, construct, maintain, and operate within any district | 85952 |
| sanitary or drainage facilities that it determines to be necessary | 85953 |
| or appropriate for the collection of sewage and other wastes | 85954 |
| originating in or entering the district, to comply with the | 85955 |
| provisions of a contract entered into for the purposes described | 85956 |
| in sections 6117.41 to 6117.44 of the Revised Code and pursuant to | 85957 |
| those sections or other applicable provisions of law, or for the | 85958 |
| collection, control, or abatement of waters originating or | 85959 |
| accumulating in, or flowing in, into, or through, the district, | 85960 |
| and other sanitary or drainage facilities, within or outside of | 85961 |
| the district, that it determines to be necessary or appropriate to | 85962 |
| conduct the wastes and waters to a proper outlet and to provide | 85963 |
| for their proper treatment, disposal, and disposition. The board | 85964 |
| may provide for the protection of the sanitary and drainage | 85965 |
| facilities and may negotiate and enter into a contract with any | 85966 |
| public agency or person for the management, maintenance, | 85967 |
| operation, and repair of any of the facilities on behalf of the | 85968 |
| county upon the terms and conditions that may be agreed upon with | 85969 |
| the agency or person and that may be determined by the board to be | 85970 |
| in the best interests of the county. By contract with any public | 85971 |
| agency or person operating sanitary or drainage facilities within | 85972 |
| or outside of the county, the board may provide a proper outlet | 85973 |
| for any of the wastes and waters and for their proper treatment, | 85974 |
| disposal, and disposition. | 85975 |
| (2) For purposes of preventing storm water from entering a | 85976 |
| combined sewer and causing an overflow or an inflow to a sanitary | 85977 |
| sewer, the board may acquire, design, construct, operate, repair, | 85978 |
| maintain, and provide for a project or program that separates | 85979 |
| storm water from a combined sewer or for a prevention or | 85980 |
| replacement facility that prevents or minimizes storm water from | 85981 |
| entering a combined sewer or a sanitary sewer. | 85982 |
| (C) The board of county commissioners may employ a registered | 85983 |
| professional engineer to be the county sanitary engineer for the | 85984 |
| time and on the terms it considers best and may authorize the | 85985 |
| county sanitary engineer to employ necessary assistants upon the | 85986 |
| terms fixed by the board. Prior to the initial assignment of | 85987 |
| drainage facilities duties to the county sanitary engineer, if the | 85988 |
| county sanitary engineer is not the county engineer, the board | 85989 |
| first shall offer to enter into an agreement with the county | 85990 |
| engineer pursuant to section 315.14 of the Revised Code for | 85991 |
| assistance in the performance of those duties of the board | 85992 |
| pertaining to drainage facilities, and the county engineer shall | 85993 |
| accept or reject the offer within thirty days after the date the | 85994 |
| offer is made. | 85995 |
| The board may create and maintain a sanitary engineering | 85996 |
| department, which shall be under its supervision and which shall | 85997 |
| be headed by the county sanitary engineer, for the purpose of | 85998 |
| aiding it in the performance of its duties under this chapter and | 85999 |
| Chapter 6103. of the Revised Code or its other duties regarding | 86000 |
| sanitation, drainage, and water supply provided by law. The board | 86001 |
| shall provide suitable facilities for the use of the department | 86002 |
| and shall provide for and pay the compensation of the county | 86003 |
| sanitary engineer and all authorized necessary expenses of the | 86004 |
| county sanitary engineer and the sanitary engineering department. | 86005 |
| The county sanitary engineer, with the approval of the board, may | 86006 |
| appoint necessary assistants and clerks, and the compensation of | 86007 |
| those assistants and clerks shall be provided for and paid by the | 86008 |
| board. | 86009 |
| (D) The board of county commissioners may adopt, publish, | 86010 |
| administer, and enforce rules for the construction, maintenance, | 86011 |
| protection, and use of county-owned or county-operated sanitary | 86012 |
| and drainage facilities and prevention or replacement facilities | 86013 |
| outside municipal corporations, and of sanitary and drainage | 86014 |
| facilities and prevention or replacement facilities within | 86015 |
| municipal corporations that are owned or operated by the county | 86016 |
| or that discharge into sanitary or drainage facilities or | 86017 |
| prevention or replacement facilities owned or operated by the | 86018 |
| county, including, but not limited to, rules for the establishment | 86019 |
| and use of any connections, the termination in accordance with | 86020 |
| reasonable procedures of sanitary service for the nonpayment of | 86021 |
| county sanitary rates and charges and, if so determined, the | 86022 |
| concurrent termination of any county water service for the | 86023 |
| nonpayment of those rates and charges, the termination in | 86024 |
| accordance with reasonable procedures of drainage service for the | 86025 |
| nonpayment of county drainage rates and charges, and the | 86026 |
| establishment and use of security deposits to the extent | 86027 |
| considered necessary to ensure the payment of county sanitary or | 86028 |
| drainage rates and charges. The rules shall not be inconsistent | 86029 |
| with the laws of this state or any applicable rules of the | 86030 |
| director of environmental protection. | 86031 |
| (E) No sanitary or drainage facilities or prevention or | 86032 |
| replacement facilities shall be constructed in any county outside | 86033 |
| municipal corporations by any person until the plans and | 86034 |
| specifications have been approved by the board of county | 86035 |
| commissioners, and any construction shall be done under the | 86036 |
| supervision of the county sanitary engineer. Not less than thirty | 86037 |
| days before the date drainage plans are submitted to the board for | 86038 |
| its approval, the plans shall be submitted to the county engineer. | 86039 |
| If the county engineer is of the opinion after review that the | 86040 |
| facilities will have a significant adverse effect on roads, | 86041 |
| culverts, bridges, or existing maintenance within the county, the | 86042 |
| county engineer may submit a written opinion to the board not | 86043 |
| later than thirty days after the date the plans are submitted to | 86044 |
| the county engineer. The board may take action relative to the | 86045 |
| drainage plans only after the earliest of receiving the written | 86046 |
| opinion of the county engineer, receiving a written waiver of | 86047 |
| submission of an opinion from the county engineer, or passage of | 86048 |
| thirty days from the date the plans are submitted to the county | 86049 |
| engineer. Any person constructing the facilities shall pay to the | 86050 |
| county all expenses incurred by the board in connection with the | 86051 |
| construction. | 86052 |
| (F) The county sanitary engineer or the county sanitary | 86053 |
| engineer's authorized assistants or agents, when properly | 86054 |
| identified in writing or otherwise and after written notice is | 86055 |
| delivered to the owner at least five days in advance or is mailed | 86056 |
| at least five days in advance by first class or certified mail to | 86057 |
| the owner's tax mailing address, may enter upon any public or | 86058 |
| private property for the purpose of making, and may make, surveys | 86059 |
| or inspections necessary for the laying out of sewer districts or | 86060 |
| the design or evaluation of county sanitary or drainage facilities | 86061 |
| or prevention or replacement facilities. This entry is not a | 86062 |
| trespass and is not to be considered an entry in connection with | 86063 |
| any appropriation of property proceedings under sections 163.01 to | 86064 |
| 163.22 of the Revised Code that may be pending. No person or | 86065 |
| public agency shall forbid the county sanitary engineer or the | 86066 |
| county sanitary engineer's authorized assistants or agents to | 86067 |
| enter, or interfere with their entry, upon the property for that | 86068 |
| purpose or forbid or interfere with their making of surveys or | 86069 |
| inspections. If actual damage is done to property by the making of | 86070 |
| the surveys and inspections, the board shall pay the reasonable | 86071 |
| value of the damage to the property owner, and the cost shall be | 86072 |
| included in the cost of the facilities and may be included in any | 86073 |
| special assessments to be levied and collected to pay that cost. | 86074 |
| Sec. 6117.02. (A) The board of county commissioners shall | 86075 |
| fix reasonable rates, including penalties for late payments, for | 86076 |
| the use, or the availability for use, of the sanitary facilities | 86077 |
| of a sewer district to be paid by every person and public agency | 86078 |
| whose premises are served, or capable of being served, by a | 86079 |
| connection directly or indirectly to those facilities when those | 86080 |
| facilities are owned or operated by the county and may change the | 86081 |
| rates from time to time as it considers advisable. When the | 86082 |
| sanitary facilities to be used by the county are owned by another | 86083 |
| public agency or person, the schedule of rates to be charged by | 86084 |
| the public agency or person for the use of the facilities by the | 86085 |
| county, or the formula or other procedure for their determination, | 86086 |
| shall be approved by the board at the time it enters into a | 86087 |
| contract for that use. | 86088 |
| (B) The board also shall establish reasonable charges to be | 86089 |
| collected for the privilege of connecting to the sanitary | 86090 |
| facilities of the district, with the requirement that, prior to | 86091 |
| the connection, the charges shall be paid in full, or, if | 86092 |
| determined by the board to be equitable in a resolution relating | 86093 |
| to the payment of the charges, provision considered adequate by | 86094 |
| the board shall be made for their payment in installments at the | 86095 |
| times, in the amounts, and with the security, carrying charges, | 86096 |
| and penalties as may be found by the board in that resolution to | 86097 |
| be fair and appropriate. No public agency or person shall be | 86098 |
| permitted to connect to those facilities until the charges have | 86099 |
| been paid in full or provision for their payment in installments | 86100 |
| has been made. If the connection charges are to be paid in | 86101 |
| installments, the board shall certify to the county auditor | 86102 |
| information sufficient to identify each parcel of property served | 86103 |
| by a connection and, with respect to each parcel, the total of the | 86104 |
| charges to be paid in installments, the amount of each | 86105 |
| installment, and the total number of installments to be paid. The | 86106 |
| auditor shall record and maintain the information supplied in the | 86107 |
| sewer improvement record provided for in section 6117.33 of the | 86108 |
| Revised Code until the connection charges are paid in full. The | 86109 |
| board may include amounts attributable to connection charges being | 86110 |
| paid in installments in its billings of rates and charges for the | 86111 |
| use of sanitary facilities. | 86112 |
| (C) When any of the sanitary rates or charges are not paid | 86113 |
| when due, the board may do any or all of the following as it | 86114 |
| considers appropriate: | 86115 |
| (1) Certify the unpaid rates or charges, together with any | 86116 |
| penalties, to the county auditor, who shall place them upon the | 86117 |
| real property tax list and duplicate against the property served | 86118 |
| by the connection. The certified amount shall be a lien on the | 86119 |
| property from the date placed on the real property tax list and | 86120 |
| duplicate and shall be collected in the same manner as taxes, | 86121 |
| except that, notwithstanding section 323.15 of the Revised Code, a | 86122 |
| county treasurer shall accept a payment in that amount when | 86123 |
| separately tendered as payment for the full amount of the unpaid | 86124 |
| sanitary rates or charges and associated penalties. The lien shall | 86125 |
| be released immediately upon payment in full of the certified | 86126 |
| amount. | 86127 |
| (2) Collect the unpaid rates or charges, together with any | 86128 |
| penalties, by actions at law in the name of the county from an | 86129 |
| owner, tenant, or other person or public agency that is liable for | 86130 |
| the payment of the rates or charges; | 86131 |
| (3) Terminate, in accordance with established rules, the | 86132 |
| sanitary service to the particular property and, if so determined, | 86133 |
| any county water service to that property, unless and until the | 86134 |
| unpaid sanitary rates or charges, together with any penalties, are | 86135 |
| paid in full; | 86136 |
| (4) Apply, to the extent required, any security deposit made | 86137 |
| in accordance with established rules to the payment of sanitary | 86138 |
| rates and charges for service to the particular property. | 86139 |
| All moneys collected as sanitary rates, charges, or penalties | 86140 |
| fixed or established in accordance with divisions (A) and (B) of | 86141 |
| this section for any sewer district shall be paid to the county | 86142 |
| treasurer and kept in a separate and distinct sanitary fund | 86143 |
| established by the board to the credit of the district. Except as | 86144 |
| otherwise provided in any proceedings authorizing or providing for | 86145 |
| the security for and payment of any public obligations, or in any | 86146 |
| indenture or trust or other agreement securing public obligations, | 86147 |
| moneys in the sanitary fund shall be applied first to the payment | 86148 |
| of the cost of the management, maintenance, and operation of the | 86149 |
| sanitary facilities of, or used or operated for, the district, | 86150 |
| which cost may include the county's share of management, | 86151 |
| maintenance, and operation costs under cooperative contracts for | 86152 |
| the acquisition, construction, or use of sanitary facilities and, | 86153 |
| in accordance with a cost allocation plan adopted under division | 86154 |
| (E) of this section, payment of all allowable direct and indirect | 86155 |
| costs of the district, the county sanitary engineer or sanitary | 86156 |
| engineering department, or a federal or state grant program, | 86157 |
| incurred for sanitary purposes under this chapter, and shall be | 86158 |
| applied second to the payment of debt charges payable on any | 86159 |
| outstanding public obligations issued or incurred for the | 86160 |
| acquisition or construction of sanitary facilities for or serving | 86161 |
| the district, or for the funding of a bond retirement or other | 86162 |
| fund established for the payment of or security for the | 86163 |
| obligations. Any surplus remaining may be applied to the | 86164 |
| acquisition or construction of those facilities or for the payment | 86165 |
| of contributions to be made, or costs incurred, for the | 86166 |
| acquisition or construction of those facilities under cooperative | 86167 |
| contracts. Moneys in the sanitary fund shall not be expended other | 86168 |
| than for the use and benefit of the district. | 86169 |
| (D) The board may fix reasonable rates and charges, including | 86170 |
| connection charges and penalties for late payments, to be paid by | 86171 |
| any person or public agency owning or having possession or control | 86172 |
| of any properties that are connected with, capable of being served | 86173 |
| by, or otherwise served directly or indirectly by, drainage | 86174 |
| facilities owned or operated by or under the jurisdiction of the | 86175 |
| county, including, but not limited to, properties requiring, or | 86176 |
| lying within an area of the district requiring, in the judgment of | 86177 |
| the board, the collection, control, or abatement of waters | 86178 |
| originating or accumulating in, or flowing in, into, or through, | 86179 |
| the district, and may change those rates and charges from time to | 86180 |
| time as it considers advisable. In addition, the board may fix the | 86181 |
| rates and charges in order to pay the costs of complying with the | 86182 |
| requirements of phase II of the storm water program of the | 86183 |
| national pollutant discharge elimination system established in 40 | 86184 |
| C.F.R. part 122. | 86185 |
| The rates and charges shall be payable periodically as | 86186 |
| determined by the board, except that any connection charges shall | 86187 |
| be paid in full in one payment, or, if determined by the board to | 86188 |
| be equitable in a resolution relating to the payment of those | 86189 |
| charges, provision considered adequate by the board shall be made | 86190 |
| for their payment in installments at the times, in the amounts, | 86191 |
| and with the security, carrying charges, and penalties as may be | 86192 |
| found by the board in that resolution to be fair and appropriate. | 86193 |
| The board may include amounts attributable to connection charges | 86194 |
| being paid in installments in its billings of rates and charges | 86195 |
| for the services provided by the drainage facilities. In the case | 86196 |
| of rates and charges that are fixed in order to pay the costs of | 86197 |
| complying with the requirements of phase II of the storm water | 86198 |
| program of the national pollutant discharge elimination system | 86199 |
| established in 40 C.F.R. part 122, the rates and charges may be | 86200 |
| paid annually or semiannually with real property taxes, provided | 86201 |
| that the board certifies to the county auditor information that is | 86202 |
| sufficient for the auditor to identify each parcel of property for | 86203 |
| which a rate or charge is levied and the amount of the rate or | 86204 |
| charge. | 86205 |
| When any of the drainage rates or charges are not paid when | 86206 |
| due, the board may do any or all of the following as it considers | 86207 |
| appropriate: | 86208 |
| (1) Certify the unpaid rates or charges, together with any | 86209 |
| penalties, to the county auditor, who shall place them upon the | 86210 |
| real property tax list and duplicate against the property to which | 86211 |
| the rates or charges apply. The certified amount shall be a lien | 86212 |
| on the property from the date placed on the real property tax list | 86213 |
| and duplicate and shall be collected in the same manner as taxes, | 86214 |
| except that notwithstanding section 323.15 of the Revised Code, a | 86215 |
| county treasurer shall accept a payment in that amount when | 86216 |
| separately tendered as payment for the full amount of the unpaid | 86217 |
| drainage rates or charges and associated penalties. The lien shall | 86218 |
| be released immediately upon payment in full of the certified | 86219 |
| amount. | 86220 |
| (2) Collect the unpaid rates or charges, together with any | 86221 |
| penalties, by actions at law in the name of the county from an | 86222 |
| owner, tenant, or other person or public agency that is liable for | 86223 |
| the payment of the rates or charges; | 86224 |
| (3) Terminate, in accordance with established rules, the | 86225 |
| drainage service for the particular property until the unpaid | 86226 |
| rates or charges, together with any penalties, are paid in full; | 86227 |
| (4) Apply, to the extent required, any security deposit made | 86228 |
| in accordance with established rules to the payment of drainage | 86229 |
| rates and charges applicable to the particular property. | 86230 |
| All moneys collected as drainage rates, charges, or penalties | 86231 |
| in or for any sewer district shall be paid to the county treasurer | 86232 |
| and kept in a separate and distinct drainage fund established by | 86233 |
| the board to the credit of the district. Except as otherwise | 86234 |
| provided in any proceedings authorizing or providing for the | 86235 |
| security for and payment of any public obligations, or in any | 86236 |
| indenture or trust or other agreement securing public obligations, | 86237 |
| moneys in the drainage fund shall be applied first to the payment | 86238 |
| of the cost of the management, maintenance, and operation of the | 86239 |
| drainage facilities of, or used or operated for, the district, | 86240 |
| which cost may include the county's share of management, | 86241 |
| maintenance, and operation costs under cooperative contracts for | 86242 |
| the acquisition, construction, or use of drainage facilities and, | 86243 |
| in accordance with a cost allocation plan adopted under division | 86244 |
| (E) of this section, payment of all allowable direct and indirect | 86245 |
| costs of the district, the county sanitary engineer or sanitary | 86246 |
| engineering department, or a federal or state grant program, | 86247 |
| incurred for drainage purposes under this chapter, and shall be | 86248 |
| applied second to the payment of debt charges payable on any | 86249 |
| outstanding public obligations issued or incurred for the | 86250 |
| acquisition or construction of drainage facilities for or serving | 86251 |
| the district, or for the funding of a bond retirement or other | 86252 |
| fund established for the payment of or security for the | 86253 |
| obligations. Any surplus remaining may be applied to the | 86254 |
| acquisition or construction of those facilities or for the payment | 86255 |
| of contributions to be made, or costs incurred, for the | 86256 |
| acquisition or construction of those facilities under cooperative | 86257 |
| contracts. Moneys in the drainage fund shall not be expended other | 86258 |
| than for the use and benefit of the district. | 86259 |
| (E) A board of county commissioners may adopt a cost | 86260 |
| allocation plan that identifies, accumulates, and distributes | 86261 |
| allowable direct and indirect costs that may be paid from each of | 86262 |
| the funds of the district created pursuant to divisions (C) and | 86263 |
| (D) of this section, and that prescribes methods for allocating | 86264 |
| those costs. The plan shall authorize payment from each of those | 86265 |
| funds of only those costs incurred by the district, the county | 86266 |
| sanitary engineer or sanitary engineering department, or a federal | 86267 |
| or state grant program, and those costs incurred by the general | 86268 |
| and other funds of the county for a common or joint purpose, that | 86269 |
| are necessary and reasonable for the proper and efficient | 86270 |
| administration of the district under this chapter and properly | 86271 |
| attributable to the particular fund of the district. The plan | 86272 |
| shall not authorize payment from either of the funds of any | 86273 |
| general government expense required to carry out the overall | 86274 |
| governmental responsibilities of a county. The plan shall conform | 86275 |
| to United States office of management and budget Circular A-87, | 86276 |
| "Cost Principles for State, Local, and Indian Tribal Governments," | 86277 |
| published May 17, 1995. | 86278 |
| (F) A board of county commissioners may establish discounted | 86279 |
| rates or charges or may establish another mechanism for providing | 86280 |
| a reduction in rates or charges for persons who are sixty-five | 86281 |
| years of age or older. The board shall establish eligibility | 86282 |
| requirements for such discounted or reduced rates or charges, | 86283 |
| including a requirement that a person be eligible for the | 86284 |
| homestead exemption or qualify as a low- and moderate-income | 86285 |
| person. | 86286 |
| Sec. 6119.011. As used in | 86287 |
| this chapter: | 86288 |
| (A) "Court of common pleas" or "court" means, unless the | 86289 |
| context indicates a different meaning or intent, the court of | 86290 |
| common pleas in which the petition for the organization of a | 86291 |
| regional water and sewer district is filed. | 86292 |
| (B) "Political subdivision" includes departments, divisions, | 86293 |
| authorities, or other units of state governments, watershed | 86294 |
| districts, soil and water conservation districts, park districts, | 86295 |
| municipal corporations, counties, townships, and other political | 86296 |
| subdivisions, special water districts, including county and | 86297 |
| regional water and sewer districts, conservancy districts, | 86298 |
| sanitary districts, sewer districts or any other public | 86299 |
| corporation or agency having the authority to acquire, construct, | 86300 |
| or operate waste water or water management facilities, and all | 86301 |
| other governmental agencies now or hereafter granted the power of | 86302 |
| levying taxes or special assessments, the United States or any | 86303 |
| agency thereof, and any agency, commission, or authority | 86304 |
| established pursuant to an interstate compact or agreement. | 86305 |
| (C) "Person" means any natural person, firm, partnership, | 86306 |
| association, or corporation other than a political subdivision. | 86307 |
| (D) "Beneficial use" means a use of water, including the | 86308 |
| method of diversion, storage, transportation, treatment, and | 86309 |
| application, that is reasonable and consistent with the public | 86310 |
| interest in the proper utilization of water resources, including, | 86311 |
| but not limited to, domestic, agricultural, industrial, power, | 86312 |
| municipal, navigational, fish and wildlife, and recreational uses. | 86313 |
| (E) "Waters of the state" | 86314 |
| ponds, marshes, watercourses, waterways, wells, springs, | 86315 |
| irrigation systems, drainage systems, and all other bodies or | 86316 |
| accumulations of water, surface and underground, natural or | 86317 |
|
artificial, | 86318 |
| border upon, this state, or are within its jurisdiction, except | 86319 |
|
those
private waters | 86320 |
| junction with natural surface or underground waters. | 86321 |
| (F) "Water resources" means all waters of the state occurring | 86322 |
| on the surface in natural or artificial channels, lakes, | 86323 |
|
reservoirs, or impoundments, and in subsurface aquifers,
| 86324 |
| that are available or may be made available to agricultural, | 86325 |
| commercial, recreational, public, and domestic users. | 86326 |
| (G) "Project" or "water resource project" means any waste | 86327 |
| water facility or water management facility acquired, constructed, | 86328 |
| or operated by or leased to a regional water and sewer district or | 86329 |
| to be acquired, constructed, or operated by or leased to a | 86330 |
|
regional water and sewer district under | 86331 |
| 86332 | |
| acquired or constructed by a political subdivision with a portion | 86333 |
| of the cost thereof being paid from a loan or grant from the | 86334 |
|
district
under | 86335 |
|
including all buildings
and facilities | 86336 |
| considers necessary for the operation of the project, together | 86337 |
|
with all property, rights,
easements, and interest | 86338 |
| be required for the operation of the project. Any water resource | 86339 |
| project shall be determined by the board of trustees of the | 86340 |
| district to be consistent with any applicable comprehensive plan | 86341 |
| of water management approved by the director of natural resources | 86342 |
| 86343 | |
| and to be not inconsistent with the standards set for the waters | 86344 |
|
of the state affected thereby by
the | 86345 |
| 86346 | |
| resolution of the board of trustees of the district providing for | 86347 |
| acquiring, operating, leasing, or constructing such projects or | 86348 |
| for making a loan or grant for such projects shall include a | 86349 |
|
finding by the
board of trustees of the district that | 86350 |
| determinations have been made. | 86351 |
| (H) "Pollution" means the placing of any noxious or | 86352 |
| deleterious substances in any waters of the state or affecting the | 86353 |
|
properties of any waters of the state in a manner | 86354 |
|
renders | 86355 |
|
health, or
to animal or aquatic life, or to the use of | 86356 |
| waters for domestic water supply, industrial or agricultural | 86357 |
| purposes, or recreation. | 86358 |
| (I) "Sewage" means any substance that contains any of the | 86359 |
| waste products or excrementitious or other discharge from the | 86360 |
|
bodies of human beings or animals | 86361 |
| of the state. | 86362 |
| (J) "Industrial waste" means any liquid, gaseous, or solid | 86363 |
| waste substance resulting from any process of industry, | 86364 |
| manufacture, trade, or business, or from the development, | 86365 |
| processing, or recovery of any natural resource, together with | 86366 |
|
such sewage as is present, | 86367 |
| state. | 86368 |
| (K) "Waste water" means any storm water and any water | 86369 |
| containing sewage or industrial waste or other pollutants or | 86370 |
|
contaminants derived from the prior use of | 86371 |
| (L) "Waste water facilities" means facilities for the purpose | 86372 |
| of treating, neutralizing, disposing of, stabilizing, cooling, | 86373 |
| segregating, or holding waste water, including, without limiting | 86374 |
| the generality of the foregoing, facilities for the treatment and | 86375 |
| disposal of sewage or industrial waste and the residue thereof, | 86376 |
| facilities for the temporary or permanent impoundment of waste | 86377 |
| water, both surface and underground, and storm and sanitary sewers | 86378 |
| and other systems, whether on the surface or underground, designed | 86379 |
| to transport waste water, together with the equipment and | 86380 |
| furnishings thereof and their appurtenances and systems, whether | 86381 |
| on the surface or underground, including force mains and pumping | 86382 |
| facilities therefor when necessary. | 86383 |
| (M) "Water management facilities" means facilities for the | 86384 |
| purpose of the development, use, and protection of water | 86385 |
| resources, including, without limiting the generality of the | 86386 |
| foregoing, facilities for water supply, facilities for stream flow | 86387 |
| improvement, dams, reservoirs, and other impoundments, water | 86388 |
| transmission lines, water wells and well fields, pumping stations | 86389 |
| and works for underground water recharge, stream monitoring | 86390 |
| systems, facilities for the stabilization of stream and river | 86391 |
| banks, and facilities for the treatment of streams and rivers, | 86392 |
| including, without limiting the generality of the foregoing, | 86393 |
| facilities for the removal of oil, debris, and other solid waste | 86394 |
| from the waters of the state and stream and river aeration | 86395 |
| facilities. | 86396 |
| (N) "Cost" as applied to water resource projects means the | 86397 |
| cost of acquisition and construction, the cost of acquisition of | 86398 |
| all land, rights-of-way, property rights, easements, franchise | 86399 |
| rights, and interests required by the district for such | 86400 |
| acquisition and construction, the cost of demolishing or removing | 86401 |
| any buildings or structures on land so acquired, including the | 86402 |
| cost of acquiring any lands to which such buildings or structures | 86403 |
| may be moved, the cost of acquiring or constructing and equipping | 86404 |
| a principal office and sub-offices of the district, the cost of | 86405 |
| diverting highways, interchange of highways, and access roads to | 86406 |
| private property, including the cost of land or easements | 86407 |
| therefor, the cost of all machinery, furnishings, and equipment, | 86408 |
| financing charges, interest prior to and during construction and | 86409 |
|
for no more than eighteen months after completion of | 86410 |
| acquisition or construction, engineering, expenses of research and | 86411 |
| development with respect to waste water or water management | 86412 |
| facilities, legal expenses, plans, specifications, surveys, | 86413 |
| estimates of cost and revenues, working capital, other expenses | 86414 |
| necessary or incident to determining the feasibility or | 86415 |
| practicability of acquiring or constructing any such project, | 86416 |
| administrative expense, and such other expense as may be necessary | 86417 |
| or incident to the acquisition or construction of the project, the | 86418 |
|
financing of | 86419 |
| amount authorized in the resolution of the district providing for | 86420 |
| the issuance of water resource revenue bonds to be paid into any | 86421 |
|
special funds from the proceeds of | 86422 |
| financing of the placing of any such project in operation. Any | 86423 |
| obligation or expense incurred by any political subdivision, and | 86424 |
| approved by the district, for surveys, borings, preparation of | 86425 |
| plans and specifications, and other engineering services in | 86426 |
| connection with the acquisition or construction of a project shall | 86427 |
|
be regarded as a part of the cost of | 86428 |
| reimbursed by the district. | 86429 |
| (O) "Owner" includes all individuals, partnerships, | 86430 |
| associations, corporations, or political subdivisions having any | 86431 |
| title or interest in any property rights, easements, and interests | 86432 |
|
authorized to be acquired by | 86433 |
| this chapter. | 86434 |
| (P) "Revenues" means all rentals and other charges received | 86435 |
| by a district for the use or services of any project, all special | 86436 |
|
assessments levied by the district pursuant to
| 86437 |
| 86438 | |
| respect thereto, and moneys received in repayment of and for | 86439 |
| interest on any loan made by the district to a political | 86440 |
| subdivision, whether from the United States or a department, | 86441 |
| administration, or agency thereof, or otherwise. | 86442 |
| (Q) "Public roads" includes all public highways, roads, and | 86443 |
| streets in the state, whether maintained by the state, county, | 86444 |
| city, township, or other political subdivision. | 86445 |
| (R) "Public utility facilities" includes tracks, pipes, | 86446 |
| mains, conduits, cables, wires, towers, poles, and other equipment | 86447 |
| and appliances of any public utility. | 86448 |
| (S) "Construction," unless the context indicates a different | 86449 |
| meaning or intent, includes reconstruction, enlargement, | 86450 |
| improvement, or providing furnishings or equipment. | 86451 |
| (T) "Water resources bonds," unless the context indicates a | 86452 |
| different meaning or intent, includes water resource notes and | 86453 |
| water resource refunding bonds. | 86454 |
| (U) "Regional water and sewer district" means a district | 86455 |
| organized or operating for one or both of the purposes described | 86456 |
| in section 6119.01 of the Revised Code and, if organized or | 86457 |
|
operating for only one of | 86458 |
| either a regional water district or a regional sewer district, as | 86459 |
| the case may be. | 86460 |
| (V) "Homestead exemption" means the reduction of taxes | 86461 |
| allowed under division (A) of section 323.152 of the Revised Code. | 86462 |
| (W) "Low- and moderate-income person" has the same meaning as | 86463 |
| in section 175.01 of the Revised Code. | 86464 |
| Sec. 6119.091. When fixing rentals or other charges under | 86465 |
| section 6119.09 of the Revised Code, a board of trustees of a | 86466 |
| regional water and sewer district may establish discounted rentals | 86467 |
| or charges or may establish another mechanism for providing a | 86468 |
| reduction in rentals or charges for persons who are sixty-five | 86469 |
| years of age or older. The board shall establish eligibility | 86470 |
| requirements for such discounted or reduced rentals or charges, | 86471 |
| including a requirement that a person be eligible for the | 86472 |
| homestead exemption or qualify as a low- and moderate-income | 86473 |
| person. | 86474 |
| Section 101.02. That sections 9.03, 9.314, 101.34, 101.35, | 86475 |
| 101.72, 102.02, 103.0511, 105.41, 107.21, 107.40, 109.57, 109.572, | 86476 |
| 109.73, 109.731, 109.742, 109.744, 109.751, 109.761, 109.77, | 86477 |
| 109.802, 109.803, 111.15, 117.13, 117.20, 118.05, 119.03, 120.03, | 86478 |
| 120.04, 120.08, 120.52, 120.53, 121.04, 121.07, 121.37, 121.39, | 86479 |
| 121.40, 121.401, 121.402, 122.05, 122.051, 122.075, 122.08, | 86480 |
| 122.081, 122.151, 122.17, 122.171, 122.40, 122.603, 122.71, | 86481 |
| 122.751, 122.76, 122.89, 122.94, 123.01, 124.03, 124.04, 124.07, | 86482 |
| 124.11, 124.134, 124.14, 124.15, 124.152, 124.18, 124.181, | 86483 |
| 124.183, 124.23, 124.27, 124.321, 124.324, 124.325, 124.34, | 86484 |
| 124.381, 124.382, 124.385, 124.386, 124.392, 124.81, 125.18, | 86485 |
| 125.831, 126.05, 126.35, 127.16, 131.33, 133.06, 133.20, 135.03, | 86486 |
| 135.06, 135.08, 135.32, 141.04, 145.012, 145.298, 148.02, | 86487 |
| 148.04, 149.43, 149.45, 150.01, 150.02, 150.03, 150.04, 150.07, | 86488 |
| 152.09, 152.10, 152.12, 152.15, 152.33, 156.01, 156.02, 156.03, | 86489 |
| 156.04, 166.07, 169.08, 173.08, 173.35, 173.392, 173.40, | 86490 |
| 173.401, 173.42, 173.43, 173.50, 173.99, 174.02, 174.03, | 86491 |
| 174.06, 175.01, 175.04, 176.05, 303.213, 307.12, 307.626, | 86492 |
| 307.629, 307.79, 311.17, 311.42, 319.28, 319.301, 319.302, | 86493 |
| 319.54, 321.24, 321.261, 323.156, 329.03, 329.042, 329.06, | 86494 |
| 340.033, 504.21, 718.04, 721.15, 901.20, 901.32, 903.082, 903.11, | 86495 |
| 903.25, 905.32, 905.33, 905.331, 905.36, 905.50, 905.51, | 86496 |
| 905.52, 905.56, 907.13, 907.14, 907.30, 907.31, 915.24, 921.02, | 86497 |
| 921.06, 921.09, 921.11, 921.13, 921.16, 921.22, 921.27, | 86498 |
| 921.29, 923.44, 923.46, 927.51, 927.52, 927.53, 927.56, 927.69, | 86499 |
| 927.70, 927.701, 927.71, 955.201, 1322.03, 1322.031, 1322.04, | 86500 |
| 1322.041, 1332.24, 1332.25, 1333.11, 1501.01, 1501.05, 1501.07, | 86501 |
| 1501.30, 1502.12, 1506.01, 1507.01, 1511.01, 1511.02, 1511.021, | 86502 |
| 1511.022, 1511.03, 1511.04, 1511.05, 1511.06, 1511.07, | 86503 |
| 1511.071, 1511.08, 1514.08, 1514.13, 1515.08, 1515.14, | 86504 |
| 1515.183, 1519.03, 1520.02, 1520.03, 1521.03, 1521.031, | 86505 |
| 1521.04, 1521.05, 1521.06, 1521.061, 1521.062, 1521.063, | 86506 |
| 1521.064, 1521.07, 1521.10, 1521.11, 1521.12, 1521.13, | 86507 |
| 1521.14, 1521.15, 1521.16, 1521.18, 1521.19, 1523.01, 1523.02, | 86508 |
| 1523.03, 1523.04, 1523.05, 1523.06, 1523.07, 1523.08, 1523.09, | 86509 |
| 1523.10, 1523.11, 1523.12, 1523.13, 1523.14, 1523.15, 1523.16, | 86510 |
| 1523.17, 1523.18, 1523.19, 1523.20, 1531.01, 1533.10, 1533.11, | 86511 |
| 1533.12, 1541.03, 1548.10, 1707.17, 1710.02, 1721.211, 1739.05, | 86512 |
| 1751.03, 1751.04, 1751.05, 1751.19, 1751.32, 1751.321, | 86513 |
| 1751.34, 1751.35, 1751.36, 1751.45, 1751.46, 1751.48, 1751.831, | 86514 |
| 1751.84, 1751.85, 1753.09, 1901.26, 1901.31, 1907.24, | 86515 |
| 2303.201, 2317.422, 2323.44, 2501.03, 2503.17, 2505.09, 2505.12, | 86516 |
| 2743.51, 2903.214, 2903.33, 2907.27, 2911.21, 2913.46, 2921.13, | 86517 |
| 2921.51, 2923.125, 2923.1213, 2937.22, 2949.091, 2949.111, | 86518 |
| 2949.17, 2981.13, 3105.87, 3119.01, 3119.94, 3121.03, 3121.035, | 86519 |
| 3121.037, 3121.0311, 3121.19, 3121.20, 3121.898, 3123.952, | 86520 |
| 3125.25, 3301.07, 3301.075, 3301.0714, 3301.0715, 3301.12, | 86521 |
| 3301.16, 3301.42, 3301.56, 3302.021, 3302.03, 3304.231, 3310.03, | 86522 |
| 3313.46, 3313.53, 3313.536, 3313.60, 3313.603, 3313.64, | 86523 |
| 3313.642, 3313.6410, 3313.65, 3313.843, 3314.012, 3314.02, | 86524 |
| 3314.03, 3314.08, 3314.19, 3314.26, 3314.35, 3315.37, 3317.01, | 86525 |
| 3317.013, 3317.02, 3317.021, 3317.022, 3317.03, 3317.063, | 86526 |
| 3317.08, 3318.37, 3318.44, 3319.073, 3319.08, 3319.088, 3319.11, | 86527 |
| 3319.16, 3319.161, 3319.22, 3319.233, 3319.234, 3319.235, | 86528 |
| 3319.24, 3319.25, 3319.26, 3319.28, 3319.291, 3319.303, | 86529 |
| 3319.36, 3319.391, 3319.51, 3319.56, 3319.60, 3319.61, 3319.63, | 86530 |
| 3321.07, 3323.05, 3326.11, 3326.36, 3327.10, 3333.04, 3333.122, | 86531 |
| 3333.16, 3333.28, 3333.35, 3333.38, 3333.42, 3333.61, 3333.62, | 86532 |
| 3333.66, 3343.04, 3345.011, 3345.12, 3345.32, 3345.61, 3345.62, | 86533 |
| 3345.63, 3345.64, 3345.65, 3345.66, 3365.04, 3365.041, 3365.07, | 86534 |
| 3365.08, 3365.09, 3365.10, 3375.481, 3501.17, 3503.15, 3503.18, | 86535 |
| 3503.21, 3701.021, 3701.045, 3701.07, 3701.242, 3701.247, | 86536 |
| 3701.344, 3701.78, 3701.83, 3702.30, 3702.51, 3702.52, 3702.524, | 86537 |
| 3702.525, 3702.53, 3702.532, 3702.54, 3702.544, 3702.55, | 86538 |
| 3702.57, 3702.59, 3702.60, 3702.61, 3702.87, 3702.89, | 86539 |
| 3702.90, 3702.91, 3702.92, 3702.93, 3702.94, 3704.14, | 86540 |
| 3704.144, 3705.03, 3706.25, 3707.26, 3712.03, 3714.01, 3714.02, | 86541 |
| 3714.07, 3714.073, 3714.081, 3714.083, 3715.87, 3715.871, | 86542 |
| 3715.873, 3717.01, 3717.02, 3717.03, 3717.04, 3717.041, 3717.05, | 86543 |
| 3717.06, 3717.07, 3717.071, 3717.08, 3717.11, 3717.111, 3717.22, | 86544 |
| 3717.221, 3717.23, 3717.25, 3717.27, 3717.28, 3717.29, 3717.30, | 86545 |
| 3717.31, 3717.32, 3717.33, 3717.48, 3718.03, 3721.01, 3721.02, | 86546 |
| 3721.50, 3721.51, 3721.53, 3721.55, 3721.56, 3722.01, 3722.011, | 86547 |
| 3722.02, 3722.021, 3722.04, 3722.05, 3722.06, 3722.08, | 86548 |
| 3722.09, 3722.10, 3722.13, 3722.14, 3722.15, 3722.16, 3722.17, | 86549 |
| 3722.18, 3722.99, 3727.02, 3733.02, 3734.05, 3734.28, 3734.281, | 86550 |
| 3734.57, 3734.573, 3734.82, 3734.901, 3734.9010, 3737.71, | 86551 |
| 3745.11, 3745.31, 3767.41, 3770.05, 3773.35, 3773.36, 3773.43, | 86552 |
| 3773.45, 3773.53, 3781.01, 3781.10, 3781.11, 3781.12, 3781.19, | 86553 |
| 3793.02, 3793.04, 3901.38, 3901.381, 3901.383, 3901.3812, | 86554 |
| 3901.3814, 3923.021, 3923.11, 3923.66, 3923.67, 3923.68, | 86555 |
| 3923.75, 3923.76, 3923.77, 3924.06, 3929.43, 3937.41, 4104.07, | 86556 |
| 4104.101, 4104.18, 4105.17, 4115.04, 4117.01, 4117.02, 4117.07, | 86557 |
| 4117.12, 4117.24, 4141.08, 4141.162, 4301.43, 4303.181, 4303.182, | 86558 |
| 4303.331, 4501.06, 4501.271, 4503.068, 4503.10, 4503.103, | 86559 |
| 4503.182, 4503.19, 4503.235, 4503.40, 4503.42, 4503.44, 4505.01, | 86560 |
| 4505.06, 4505.062, 4505.09, 4505.111, 4505.181, 4505.20, | 86561 |
| 4507.02, 4507.23, 4507.24, 4507.45, 4509.101, 4510.11, 4510.12, | 86562 |
| 4510.16, 4510.22, 4511.191, 4513.021, 4513.03, 4513.04, | 86563 |
| 4513.05, 4513.06, 4513.07, 4513.071, 4513.09, 4513.11, | 86564 |
| 4513.111, 4513.12, 4513.13, 4513.14, 4513.15, 4513.16, 4513.17, | 86565 |
| 4513.171, 4513.18, 4513.19, 4513.21, 4513.22, 4513.23, 4513.24, | 86566 |
| 4513.242, 4513.28, 4513.60, 4513.65, 4513.99, 4517.01, 4517.02, | 86567 |
| 4517.03, 4517.30, 4517.33, 4517.43, 4519.02, 4519.04, 4519.59, | 86568 |
| 4549.10, 4549.12, 4713.63, 4713.64, 4717.31, 4729.99, 4731.10, | 86569 |
| 4731.26, 4731.38, 4733.10, 4734.25, 4735.06, 4735.09, | 86570 |
| 4735.12, 4735.13, 4735.15, 4736.01, 4740.14, 4741.41, 4741.44, | 86571 |
| 4741.45, 4741.46, 4753.02, 4753.05, 4753.073, 4753.11, 4755.06, | 86572 |
| 4755.12, 4757.10, 4757.31, 4757.36, 4763.01, 4763.03, | 86573 |
| 4763.04, 4763.05, 4763.06, 4763.07, 4763.09, 4763.11, 4763.13, | 86574 |
| 4763.14, 4763.17, 4766.09, 4767.05, 4767.07, 4767.08, 4776.01, | 86575 |
| 4776.02, 4781.01, 4781.02, 4781.04, 4781.05, 4781.06, 4781.07, | 86576 |
| 4928.01, 5101.11, 5101.16, 5101.162, 5101.26, 5101.33, 5101.34, | 86577 |
| 5101.47, 5101.50, 5101.5110, 5101.5212, 5101.5213, 5101.54, | 86578 |
| 5101.541, 5101.544, 5101.571, 5101.573, 5101.60, 5101.61, | 86579 |
| 5101.84, 5104.041, 5107.05, 5107.16, 5107.17, 5111.01, 5111.019, | 86580 |
| 5111.028, 5111.032, 5111.033, 5111.034, 5111.06, 5111.081, | 86581 |
| 5111.083, 5111.084, 5111.16, 5111.176, 5111.21, 5111.211, | 86582 |
| 5111.222, 5111.231, 5111.232, 5111.24, 5111.25, 5111.261, | 86583 |
| 5111.65, 5111.651, 5111.688, 5111.705, 5111.85, 5111.851, | 86584 |
| 5111.874, 5111.875, 5111.89, 5111.891, 5111.894, 5111.971, | 86585 |
| 5112.30, 5112.31, 5112.37, 5112.371, 5119.16, 5119.61, | 86586 |
| 5120.09, 5122.31, 5123.049, 5123.0412, 5123.0413, 5123.19, | 86587 |
| 5126.044, 5126.054, 5126.055, 5126.0512, 5126.19, 5139.43, | 86588 |
| 5502.01, 5502.12, 5502.14, 5502.15, 5701.11, 5703.21, 5703.37, | 86589 |
| 5703.80, 5705.214, 5705.29, 5705.341, 5705.37, 5709.62, | 86590 |
| 5709.63, 5709.632, 5711.33, 5715.02, 5715.251, 5717.03, 5717.04, | 86591 |
| 5721.03, 5725.151, 5725.18, 5725.98, 5727.811, 5727.84, | 86592 |
| 5728.12, 5729.03, 5729.98, 5733.01, 5733.04, 5733.98, 5735.142, | 86593 |
| 5739.01, 5739.011, 5739.02, 5739.03, 5739.033, 5739.131, | 86594 |
| 5743.15, 5743.61, 5747.113, 5747.13, 5747.16, 5747.18, 5747.76, | 86595 |
| 5747.98, 5748.02, 5748.03, 5749.12, 5751.01, 5751.011, | 86596 |
| 5751.012, 5751.013, 5751.03, 5751.04, 5751.05, 5751.051, | 86597 |
| 5751.06, 5751.08, 5751.09, 5751.20, 5751.21, 5751.22, 5751.23, | 86598 |
| 5911.10, 5913.051, 5913.09, 6103.01, 6103.02, 6109.21, | 86599 |
| 6111.044, 6117.01, 6117.02, and 6119.011 of the Revised Code are | 86600 |
| hereby repealed. | 86601 |
| Section 105.01. That sections 105.91, 105.911, 105.92, | 86602 |
| 105.93, 105.94, 105.95, 105.96, 105.97, 117.102, 119.031, 121.24, | 86603 |
| 173.71, 173.72, 173.721, 173.722, 173.723, 173.724, 173.73, | 86604 |
| 173.731, 173.732, 173.74, 173.741, 173.742, 173.75, 173.751, | 86605 |
| 173.752, 173.753, 173.76, 173.77, 173.771, 173.772, 173.773, | 86606 |
| 173.78, 173.79, 173.791, 173.80, 173.801, 173.802, 173.803, | 86607 |
| 173.81, 173.811, 173.812, 173.813, 173.814, 173.815, 173.82, | 86608 |
| 173.83, 173.831, 173.832, 173.833, 173.84, 173.85, 173.86, | 86609 |
| 173.861, 173.87, 173.871, 173.872, 173.873, 173.874, 173.875, | 86610 |
| 173.876, 173.88, 173.89, 173.891, 173.892, 173.90, 173.91, | 86611 |
| 905.38, 905.381, 905.66, 907.16, 927.74, 1504.01, 1504.02, | 86612 |
| 1504.03, 1504.04, 1521.02, 1711.58, 3301.43, 3313.473, 3314.15, | 86613 |
| 3319.222, 3319.23, 3319.261, 3319.302, 3319.304, 3333.27, | 86614 |
| 3701.77, 3701.771, 3701.772, 3701.93, 3701.931, 3701.932, | 86615 |
| 3701.933, 3701.934, 3701.935, 3701.936, 3702.511, 3702.523, | 86616 |
| 3702.527, 3702.528, 3702.529, 3702.542, 3704.143, 3724.01, | 86617 |
| 3724.02, 3724.021, 3724.03, 3724.04, 3724.05, 3724.06, 3724.07, | 86618 |
| 3724.08, 3724.09, 3724.10, 3724.11, 3724.12, 3724.13, 3724.99, | 86619 |
| 4517.052, 4517.27, 4735.22, 4735.23, 4753.101, 5101.072, and | 86620 |
| 5111.178 of the Revised Code are hereby repealed. | 86621 |
| Section 110.10. That the version of section 2949.111 of the | 86622 |
| Revised Code that is scheduled to take effect January 1, 2010, be | 86623 |
| amended to read as follows: | 86624 |
| Sec. 2949.111. (A) As used in this section: | 86625 |
| (1) "Court costs" means any assessment that the court | 86626 |
| requires an offender to pay to defray the costs of operating the | 86627 |
| court. | 86628 |
| (2) "State fines or costs" means any costs imposed or | 86629 |
| forfeited bail collected by the court under section 2743.70 of the | 86630 |
| Revised Code for deposit into the reparations fund or under | 86631 |
|
section 2949.091 of the Revised Code for deposit into the
| 86632 |
| 86633 | |
| 120.08 of the Revised Code and all fines, penalties, and forfeited | 86634 |
| bail collected by the court and paid to a law library association | 86635 |
| under section 307.515 of the Revised Code. | 86636 |
| (3) "Reimbursement" means any reimbursement for the costs of | 86637 |
| confinement that the court orders an offender to pay pursuant to | 86638 |
| section 2929.28 of the Revised Code, any supervision fee, any fee | 86639 |
| for the costs of house arrest with electronic monitoring that an | 86640 |
| offender agrees to pay, any reimbursement for the costs of an | 86641 |
| investigation or prosecution that the court orders an offender to | 86642 |
| pay pursuant to section 2929.71 of the Revised Code, or any other | 86643 |
| costs that the court orders an offender to pay. | 86644 |
| (4) "Supervision fees" means any fees that a court, pursuant | 86645 |
| to sections 2929.18, 2929.28, and 2951.021 of the Revised Code, | 86646 |
| requires an offender who is under a community control sanction to | 86647 |
| pay for supervision services. | 86648 |
| (5) "Community control sanction" has the same meaning as in | 86649 |
| section 2929.01 of the Revised Code. | 86650 |
| (B) Unless the court, in accordance with division (C) of this | 86651 |
| section, enters in the record of the case a different method of | 86652 |
| assigning payments, if a person who is charged with a misdemeanor | 86653 |
| is convicted of or pleads guilty to the offense, if the court | 86654 |
| orders the offender to pay any combination of court costs, state | 86655 |
| fines or costs, restitution, a conventional fine, or any | 86656 |
| reimbursement, and if the offender makes any payment of any of | 86657 |
| them to a clerk of court, the clerk shall assign the offender's | 86658 |
| payment in the following manner: | 86659 |
| (1) If the court ordered the offender to pay any court costs, | 86660 |
| the offender's payment shall be assigned toward the satisfaction | 86661 |
| of those court costs until they have been entirely paid. | 86662 |
| (2) If the court ordered the offender to pay any state fines | 86663 |
| or costs and if all of the court costs that the court ordered the | 86664 |
| offender to pay have been paid, the remainder of the offender's | 86665 |
| payment shall be assigned on a pro rata basis toward the | 86666 |
| satisfaction of the state fines or costs until they have been | 86667 |
| entirely paid. | 86668 |
| (3) If the court ordered the offender to pay any restitution | 86669 |
| and if all of the court costs and state fines or costs that the | 86670 |
| court ordered the offender to pay have been paid, the remainder of | 86671 |
| the offender's payment shall be assigned toward the satisfaction | 86672 |
| of the restitution until it has been entirely paid. | 86673 |
| (4) If the court ordered the offender to pay any fine and if | 86674 |
| all of the court costs, state fines or costs, and restitution that | 86675 |
| the court ordered the offender to pay have been paid, the | 86676 |
| remainder of the offender's payment shall be assigned toward the | 86677 |
| satisfaction of the fine until it has been entirely paid. | 86678 |
| (5) If the court ordered the offender to pay any | 86679 |
| reimbursement and if all of the court costs, state fines or costs, | 86680 |
| restitution, and fines that the court ordered the offender to pay | 86681 |
| have been paid, the remainder of the offender's payment shall be | 86682 |
| assigned toward the satisfaction of the reimbursements until they | 86683 |
| have been entirely paid. | 86684 |
| (C) If a person who is charged with a misdemeanor is | 86685 |
| convicted of or pleads guilty to the offense and if the court | 86686 |
| orders the offender to pay any combination of court costs, state | 86687 |
| fines or costs, restitution, fines, or reimbursements, the court, | 86688 |
| at the time it orders the offender to make those payments, may | 86689 |
| prescribe an order of payments that differs from the order set | 86690 |
| forth in division (B) of this section by entering in the record of | 86691 |
| the case the order so prescribed. If a different order is entered | 86692 |
| in the record, on receipt of any payment, the clerk of the court | 86693 |
| shall assign the payment in the manner prescribed by the court. | 86694 |
| Section 110.11. That the existing version of section 2949.111 | 86695 |
| of the Revised Code that is scheduled to take effect January 1, | 86696 |
| 2010, is hereby repealed. | 86697 |
| Section 110.12. Sections 110.10 and 110.11 of this act take | 86698 |
| effect January 1, 2010. | 86699 |
| Section 110.20. That the version of section 5739.033 of the | 86700 |
| Revised Code that is scheduled to take effect January 1, 2010, be | 86701 |
| amended to read as follows: | 86702 |
| Sec. 5739.033. (A) The amount of tax due pursuant to | 86703 |
| sections 5739.02, 5739.021, 5739.023, and 5739.026 of the Revised | 86704 |
| Code is the sum of the taxes imposed pursuant to those sections | 86705 |
| at the sourcing location of the sale as determined under this | 86706 |
| section or, if applicable, under division (C) of section 5739.031 | 86707 |
| or section 5739.034 of the Revised Code. This section applies | 86708 |
| only to a vendor's or seller's obligation to collect and remit | 86709 |
| sales taxes under section 5739.02, 5739.021, 5739.023, or | 86710 |
| 5739.026 of the Revised Code or use taxes under section 5741.02, | 86711 |
| 5741.021, 5741.022, or 5741.023 of the Revised Code. Division (A) | 86712 |
| of this section does not apply in determining the jurisdiction | 86713 |
| for which sellers are required to collect the use tax under | 86714 |
| section 5741.05 of the Revised Code. This section does not affect | 86715 |
| the obligation of a consumer to remit use taxes on the storage, | 86716 |
| use, or other consumption of tangible personal property or on the | 86717 |
| benefit realized of any service provided, to the jurisdiction of | 86718 |
| that storage, use, or consumption, or benefit realized. | 86719 |
| (B)(1) Beginning January 1, 2010, retail sales, excluding | 86720 |
| the lease or rental, of tangible personal property or digital | 86721 |
| goods shall be sourced to the location where the vendor receives | 86722 |
| an order for the sale of such property or goods if: | 86723 |
| (a) The vendor receives the order in this state and the | 86724 |
| consumer receives the property or goods in this state; | 86725 |
| (b) The location where the consumer receives the property or | 86726 |
| goods is determined under division (C)(2), (3), or (4) of this | 86727 |
| section; and | 86728 |
| (c) The record-keeping system used by the vendor to calculate | 86729 |
| the tax imposed captures the location where the order is received | 86730 |
| at the time the order is received. | 86731 |
| (2) A consumer has no additional liability to this state | 86732 |
| under this chapter or Chapter 5741. of the Revised Code for tax, | 86733 |
| penalty, or interest on a sale for which the consumer remits tax | 86734 |
| to the vendor in the amount invoiced by the vendor if the invoice | 86735 |
| amount is calculated at either the rate applicable to the | 86736 |
| location where the consumer receives the property or digital good | 86737 |
| or at the rate applicable to the location where the order is | 86738 |
| received by the vendor. A consumer may rely on a written | 86739 |
| representation by the vendor as to the location where the order | 86740 |
| for the sale was received by the vendor. If the consumer does not | 86741 |
| have a written representation by the vendor as to the location | 86742 |
| where the order was received by the vendor, the consumer may use a | 86743 |
| location indicated by a business address for the vendor that is | 86744 |
| available from records that are maintained in the ordinary course | 86745 |
| of the consumer's business to determine the rate applicable to the | 86746 |
| location where the order was received. | 86747 |
| (3) For the purposes of division (B) of this section, the | 86748 |
| location where an order is received by or on behalf of a vendor | 86749 |
| means the physical location of the vendor or a third party such as | 86750 |
| an established outlet, office location, or automated order receipt | 86751 |
| system operated by or on behalf of the vendor, where an order is | 86752 |
| initially received by or on behalf of the vendor, and not where | 86753 |
| the order may be subsequently accepted, completed, or fulfilled. | 86754 |
| An order is received when all necessary information to determine | 86755 |
| whether the order can be accepted has been received by or on | 86756 |
| behalf of the vendor. The location from which the property or | 86757 |
| digital good is shipped shall not be used to determine the | 86758 |
| location where the order is received by the vendor. | 86759 |
| (4) For the purposes of division (B) of this section, if | 86760 |
| services subject to taxation under this chapter or Chapter 5741. | 86761 |
| of the Revised Code are sold with tangible personal property or | 86762 |
| digital goods pursuant to a single contract or in the same | 86763 |
| transaction, the services are billed on the same billing statement | 86764 |
| or invoice, and, because of the application of division (B) of | 86765 |
| this section, the transaction would be sourced to more than one | 86766 |
| jurisdiction, the situs of the transaction shall be the location | 86767 |
| where the order is received by or on behalf of the vendor. | 86768 |
| (C) Except for sales, other than leases, of titled motor | 86769 |
| vehicles, titled watercraft, or titled outboard motors as provided | 86770 |
| in section 5741.05 of the Revised Code, or as otherwise provided | 86771 |
| in this section and section 5739.034 of the Revised Code, all | 86772 |
| sales shall be sourced as follows: | 86773 |
| (1) If the consumer or a donee designated by the consumer | 86774 |
| receives tangible personal property or a service at a vendor's | 86775 |
| place of business, the sale shall be sourced to that place of | 86776 |
| business. | 86777 |
| (2) When the tangible personal property or service is not | 86778 |
| received at a vendor's place of business, the sale shall be | 86779 |
| sourced to the location known to the vendor where the consumer or | 86780 |
| the donee designated by the consumer receives the tangible | 86781 |
| personal property or service, including the location indicated by | 86782 |
| instructions for delivery to the consumer or the consumer's donee. | 86783 |
| (3) If divisions (C)(1) and (2) of this section do not apply, | 86784 |
| the sale shall be sourced to the location indicated by an address | 86785 |
| for the consumer that is available from the vendor's business | 86786 |
| records that are maintained in the ordinary course of the | 86787 |
| vendor's business, when use of that address does not constitute | 86788 |
| bad faith. | 86789 |
| (4) If divisions (C)(1), (2), and (3) of this section do not | 86790 |
| apply, the sale shall be sourced to the location indicated by an | 86791 |
| address for the consumer obtained during the consummation of the | 86792 |
| sale, including the address associated with the consumer's payment | 86793 |
| instrument, if no other address is available, when use of that | 86794 |
| address does not constitute bad faith. | 86795 |
| (5) If divisions (C)(1), (2), (3), and (4) of this section do | 86796 |
| not apply, including in the circumstance where the vendor is | 86797 |
| without sufficient information to apply any of those divisions, | 86798 |
| the sale shall be sourced to the address from which tangible | 86799 |
| personal property was shipped, or from which the service was | 86800 |
| provided, disregarding any location that merely provided the | 86801 |
| electronic transfer of the property sold or service provided. | 86802 |
| (6) As used in division (C) of this section, "receive" means | 86803 |
| taking possession of tangible personal property or making first | 86804 |
| use of a service. "Receive" does not include possession by a | 86805 |
| shipping company on behalf of a consumer. | 86806 |
| (D)(1)(a) Notwithstanding divisions (C)(1) to (5) of this | 86807 |
| section, a business consumer that is not a holder of a direct | 86808 |
| payment permit granted under section 5739.031 of the Revised Code, | 86809 |
| that purchases a digital good, computer software, except computer | 86810 |
| software received in person by a business consumer at a vendor's | 86811 |
| place of business, or a service, and that knows at the time of | 86812 |
| purchase that such digital good, software, or service will be | 86813 |
| concurrently available for use in more than one taxing | 86814 |
| jurisdiction shall deliver to the vendor in conjunction with its | 86815 |
| purchase an exemption certificate claiming multiple points of use, | 86816 |
| or shall meet the requirements of division (D)(2) of this section. | 86817 |
| On receipt of the exemption certificate claiming multiple points | 86818 |
| of use, the vendor is relieved of its obligation to collect, pay, | 86819 |
| or remit the tax due, and the business consumer must pay the tax | 86820 |
| directly to the state. | 86821 |
| (b) A business consumer that delivers the exemption | 86822 |
| certificate claiming multiple points of use to a vendor may use | 86823 |
| any reasonable, consistent, and uniform method of apportioning the | 86824 |
| tax due on the digital good, computer software, or service that is | 86825 |
| supported by the consumer's business records as they existed at | 86826 |
| the time of the sale. The business consumer shall report and pay | 86827 |
| the appropriate tax to each jurisdiction where concurrent use | 86828 |
| occurs. The tax due shall be calculated as if the apportioned | 86829 |
| amount of the digital good, computer software, or service had been | 86830 |
| delivered to each jurisdiction to which the sale is apportioned | 86831 |
| under this division. | 86832 |
| (c) The exemption certificate claiming multiple points of use | 86833 |
| shall remain in effect for all future sales by the vendor to the | 86834 |
| business consumer until it is revoked in writing by the business | 86835 |
| consumer, except as to the business consumer's specific | 86836 |
| apportionment of a subsequent sale under division (D)(1)(b) of | 86837 |
| this section and the facts existing at the time of the sale. | 86838 |
| (2) When the vendor knows that a digital good, computer | 86839 |
| software, or service sold will be concurrently available for use | 86840 |
| by the business consumer in more than one jurisdiction, but the | 86841 |
| business consumer does not provide an exemption certificate | 86842 |
| claiming multiple points of use as required by division (D)(1) of | 86843 |
| this section, the vendor may work with the business consumer to | 86844 |
| produce the correct apportionment. Governed by the principles of | 86845 |
| division (D)(1)(b) of this section, the vendor and business | 86846 |
| consumer may use any reasonable, but consistent and uniform, | 86847 |
| method of apportionment that is supported by the vendor's and | 86848 |
| business consumer's books and records as they exist at the time | 86849 |
| the sale is reported for purposes of the taxes levied under this | 86850 |
| chapter. If the business consumer certifies to the accuracy of the | 86851 |
| apportionment and the vendor accepts the certification, the vendor | 86852 |
| shall collect and remit the tax accordingly. In the absence of bad | 86853 |
| faith, the vendor is relieved of any further obligation to collect | 86854 |
| tax on any transaction where the vendor has collected tax pursuant | 86855 |
| to the information certified by the business consumer. | 86856 |
| (3) When the vendor knows that the digital good, computer | 86857 |
| software, or service will be concurrently available for use in | 86858 |
| more than one jurisdiction, and the business consumer does not | 86859 |
| have a direct pay permit and does not provide to the vendor an | 86860 |
| exemption certificate claiming multiple points of use as required | 86861 |
| in division (D)(1) of this section, or certification pursuant to | 86862 |
| division (D)(2) of this section, the vendor shall collect and | 86863 |
| remit the tax based on division (C) of this section. | 86864 |
| (4) Nothing in this section shall limit a person's obligation | 86865 |
| for sales or use tax to any state in which a digital good, | 86866 |
| computer software, or service is concurrently available for use, | 86867 |
| nor limit a person's ability under local, state, or federal law, | 86868 |
| to claim a credit for sales or use taxes legally due and paid to | 86869 |
| other jurisdictions. | 86870 |
| (E) A person who holds a direct payment permit issued under | 86871 |
| section 5739.031 of the Revised Code is not required to deliver an | 86872 |
| exemption certificate claiming multiple points of use to a vendor. | 86873 |
| But such permit holder shall comply with division (D)(2) of this | 86874 |
| section in apportioning the tax due on a digital good, computer | 86875 |
| software, or a service for use in business that will be | 86876 |
| concurrently available for use in more than one taxing | 86877 |
| jurisdiction. | 86878 |
| (F)(1) Notwithstanding divisions (C)(1) to (5) of this | 86879 |
| section, the consumer of direct mail that is not a holder of a | 86880 |
| direct payment permit shall provide to the vendor in conjunction | 86881 |
| with the sale either an exemption certificate claiming direct mail | 86882 |
| prescribed by the tax commissioner, or information to show the | 86883 |
| jurisdictions to which the direct mail is delivered to recipients. | 86884 |
| (2) Upon receipt of such exemption certificate, the vendor is | 86885 |
| relieved of all obligations to collect, pay, or remit the | 86886 |
| applicable tax and the consumer is obligated to pay that tax on a | 86887 |
| direct pay basis. An exemption certificate claiming direct mail | 86888 |
| shall remain in effect for all future sales of direct mail by the | 86889 |
| vendor to the consumer until it is revoked in writing. | 86890 |
| (3) Upon receipt of information from the consumer showing the | 86891 |
| jurisdictions to which the direct mail is delivered to recipients, | 86892 |
| the vendor shall collect the tax according to the delivery | 86893 |
| information provided by the consumer. In the absence of bad faith, | 86894 |
| the vendor is relieved of any further obligation to collect tax on | 86895 |
| any transaction where the vendor has collected tax pursuant to the | 86896 |
| delivery information provided by the consumer. | 86897 |
| (4) If the consumer of direct mail does not have a direct | 86898 |
| payment permit and does not provide the vendor with either an | 86899 |
| exemption certificate claiming direct mail or delivery information | 86900 |
| as required by division (F)(1) of this section, the vendor shall | 86901 |
| collect the tax according to division (C)(5) of this section. | 86902 |
| Nothing in division (F)(4) of this section shall limit a | 86903 |
| consumer's obligation to pay sales or use tax to any state to | 86904 |
| which the direct mail is delivered. | 86905 |
| (5) If a consumer of direct mail provides the vendor with | 86906 |
| documentation of direct payment authority, the consumer shall not | 86907 |
| be required to provide an exemption certificate claiming direct | 86908 |
| mail or delivery information to the vendor. | 86909 |
| (G) If the vendor provides lodging to transient guests as | 86910 |
| specified in division (B)(2) of section 5739.01 of the Revised | 86911 |
| Code, the sale shall be sourced to the location where the lodging | 86912 |
| is located. | 86913 |
| (H)(1) As used in this division and division (I) of this | 86914 |
| section, "transportation equipment" means any of the following: | 86915 |
| (a) Locomotives and railcars that are utilized for the | 86916 |
| carriage of persons or property in interstate commerce. | 86917 |
| (b) Trucks and truck-tractors with a gross vehicle weight | 86918 |
| rating of greater than ten thousand pounds, trailers, | 86919 |
| semi-trailers, or passenger buses that are registered through the | 86920 |
| international registration plan and are operated under authority | 86921 |
| of a carrier authorized and certificated by the United States | 86922 |
| department of transportation or another federal authority to | 86923 |
| engage in the carriage of persons or property in interstate | 86924 |
| commerce. | 86925 |
| (c) Aircraft that are operated by air carriers authorized and | 86926 |
| certificated by the United States department of transportation or | 86927 |
| another federal authority to engage in the carriage of persons or | 86928 |
| property in interstate or foreign commerce. | 86929 |
| (d) Containers designed for use on and component parts | 86930 |
| attached to or secured on the items set forth in division | 86931 |
| (H)(1)(a), (b), or (c) of this section. | 86932 |
| (2) A sale, lease, or rental of transportation equipment | 86933 |
| shall be sourced pursuant to division (C) of this section. | 86934 |
| (I)(1) A lease or rental of tangible personal property that | 86935 |
| does not require recurring periodic payments shall be sourced | 86936 |
| pursuant to division (C) of this section. | 86937 |
| (2) A lease or rental of tangible personal property that | 86938 |
| requires recurring periodic payments shall be sourced as follows: | 86939 |
| (a) In the case of a motor vehicle, other than a motor | 86940 |
| vehicle that is transportation equipment, or an aircraft, other | 86941 |
| than an aircraft that is transportation equipment, such lease or | 86942 |
| rental shall be sourced as follows: | 86943 |
| (i) An accelerated tax payment on a lease or rental taxed | 86944 |
| pursuant to division (A)(2) of section 5739.02 of the Revised Code | 86945 |
| shall be sourced to the primary property location at the time the | 86946 |
| lease or rental is consummated. Any subsequent taxable charges on | 86947 |
| the lease or rental shall be sourced to the primary property | 86948 |
| location for the period in which the charges are incurred. | 86949 |
| (ii) For a lease or rental taxed pursuant to division (A)(3) | 86950 |
| of section 5739.02 of the Revised Code, each lease or rental | 86951 |
| installment shall be sourced to the primary property location for | 86952 |
| the period covered by the installment. | 86953 |
| (b) In the case of a lease or rental of all other tangible | 86954 |
| personal property, other than transportation equipment, such lease | 86955 |
| or rental shall be sourced as follows: | 86956 |
| (i) An accelerated tax payment on a lease or rental that is | 86957 |
| taxed pursuant to division (A)(2) of section 5739.02 of the | 86958 |
| Revised Code shall be sourced pursuant to division (C) of this | 86959 |
| section at the time the lease or rental is consummated. Any | 86960 |
| subsequent taxable charges on the lease or rental shall be sourced | 86961 |
| to the primary property location for the period in which the | 86962 |
| charges are incurred. | 86963 |
| (ii) For a lease or rental that is taxed pursuant to division | 86964 |
| (A)(3) of section 5739.02 of the Revised Code, the initial lease | 86965 |
| or rental installment shall be sourced pursuant to division (C) of | 86966 |
| this section. Each subsequent installment shall be sourced to the | 86967 |
| primary property location for the period covered by the | 86968 |
| installment. | 86969 |
| (3) As used in division (I) of this section, "primary | 86970 |
| property location" means an address for tangible personal property | 86971 |
| provided by the lessee or renter that is available to the lessor | 86972 |
| or owner from its records maintained in the ordinary course of | 86973 |
| business, when use of that address does not constitute bad faith. | 86974 |
| (J) If the vendor provides a service specified in division | 86975 |
| (B)(11) of section 5739.01 of the Revised Code, the situs of the | 86976 |
| sale is the location of the enrollee for whom a medicaid health | 86977 |
| insurance corporation receives managed care premiums. Such sales | 86978 |
| shall be sourced to the locations of the enrollees in the same | 86979 |
| proportion as the managed care premiums received by the medicaid | 86980 |
| health insuring corporation on behalf of enrollees located in a | 86981 |
| particular taxing jurisdiction in Ohio as compared to all managed | 86982 |
| care premiums received by the medicaid health insuring | 86983 |
| corporation. | 86984 |
| Section 110.21. That the existing version of section 5739.033 | 86985 |
| of the Revised Code that is scheduled to take effect January 1, | 86986 |
| 2010, is hereby repealed. | 86987 |
| Section 110.22. Sections 110.20 and 110.21 of this act take | 86988 |
| effect January 1, 2010. | 86989 |
| Section 125.10. Sections 5112.40, 5112.41, 5112.42, 5112.43, | 86990 |
| 5112.44, 5112.45, 5112.451, 5112.46, 5112.47, and 5112.48 of the | 86991 |
| Revised Code are hereby repealed, effective October 1, 2011. | 86992 |
| Section 201.01. Except as otherwise provided in this act, | 86993 |
| all appropriation items in this act are appropriated out of any | 86994 |
| moneys in the state treasury to the credit of the designated fund | 86995 |
| that are not otherwise appropriated. For all appropriations made | 86996 |
| in this act, the amounts in the first column are for fiscal year | 86997 |
| 2010 and the amounts in the second column are for fiscal year | 86998 |
| 2011. | 86999 |
| Section 203.10. ACC ACCOUNTANCY BOARD OF OHIO | 87000 |
| General Services Fund Group | 87001 |
| 4J80 | 889601 | CPA Education Assistance | $ | 200,000 | $ | 200,000 | 87002 | ||||
| 4K90 | 889609 | Operating Expenses | $ | 1,000,000 | $ | 1,000,000 | 87003 | ||||
| TOTAL GSF General Services Fund | 87004 | ||||||||||
| Group | $ | 1,200,000 | $ | 1,200,000 | 87005 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,200,000 | $ | 1,200,000 | 87006 | ||||||
| Section 205.10. ADJ ADJUTANT GENERAL | 87008 |
| General Revenue Fund | 87009 |
| GRF | 745401 | Ohio Military Reserve | $ | 13,675 | $ | 13,675 | 87010 | ||||
| GRF | 745404 | Air National Guard | $ | 2,010,606 | $ | 2,010,606 | 87011 | ||||
| GRF | 745407 | National Guard Benefits | $ | 500,000 | $ | 500,000 | 87012 | ||||
| GRF | 745409 | Central Administration | $ | 3,105,784 | $ | 3,105,784 | 87013 | ||||
| GRF | 745499 | Army National Guard | $ | 6,008,551 | $ | 6,008,551 | 87014 | ||||
| TOTAL GRF General Revenue Fund | $ | 11,638,616 | $ | 11,638,616 | 87015 | ||||||
| General Services Fund Group | 87016 |
| 5340 | 745612 | Property Operations/Management | $ | 534,304 | $ | 534,304 | 87017 | ||||
| 5360 | 745605 | Marksmanship Activities | $ | 128,600 | $ | 128,600 | 87018 | ||||
| 5360 | 745620 | Camp Perry/Buckeye Inn Operations | $ | 1,502,970 | $ | 1,502,970 | 87019 | ||||
| 5370 | 745604 | Ohio National Guard Facility Maintenance | $ | 269,826 | $ | 269,826 | 87020 | ||||
| TOTAL GSF General Services Fund Group | $ | 2,435,700 | $ | 2,435,700 | 87021 | ||||||
| Federal Special Revenue Fund Group | 87022 |
| 3410 | 745615 | Air National Guard Base Security | $ | 2,777,692 | $ | 2,777,692 | 87023 | ||||
| 3420 | 745616 | Army National Guard Agreement | $ | 10,970,050 | $ | 10,970,050 | 87024 | ||||
| 3E80 | 745628 | Air National Guard Agreement | $ | 16,048,595 | $ | 16,048,595 | 87025 | ||||
| 3R80 | 745603 | Counter Drug Operations | $ | 25,000 | $ | 25,000 | 87026 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 29,821,337 | $ | 29,821,337 | 87027 | ||||||
| State Special Revenue Fund Group | 87028 |
| 5U80 | 745613 | Community Match Armories | $ | 250,000 | $ | 250,000 | 87029 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 250,000 | $ | 250,000 | 87030 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 44,145,653 | $ | 44,145,653 | 87031 |
| NATIONAL GUARD BENEFITS | 87032 |
| The foregoing appropriation item 745407, National Guard | 87033 |
| Benefits, shall be used for purposes of sections 5919.31 and | 87034 |
| 5919.33 of the Revised Code, and for administrative costs of the | 87035 |
| associated programs. | 87036 |
| For active duty members of the Ohio National Guard who died | 87037 |
| after October 7, 2001, while performing active duty, the death | 87038 |
| benefit, pursuant to section 5919.33 of the Revised Code, shall be | 87039 |
| paid to the beneficiary or beneficiaries designated on the | 87040 |
| member's Servicemembers' Group Life Insurance Policy. | 87041 |
| STATE ACTIVE DUTY COSTS | 87042 |
| Of the foregoing appropriation item 745409, Central | 87043 |
| Administration, $50,000 in each fiscal year shall be used for the | 87044 |
| purpose of paying expenses related to state active duty of members | 87045 |
| of the Ohio organized militia, in accordance with a proclamation | 87046 |
| of the Governor. Expenses include, but are not limited to, the | 87047 |
| cost of equipment, supplies, and services, as determined by the | 87048 |
| Adjutant General's Department. | 87049 |
| Section 205.20. FUND ABOLITION | 87050 |
| On July 1, 2009, or as soon as possible thereafter, the | 87051 |
| Director of Budget and Management, upon request by the Adjutant | 87052 |
| General, shall transfer the cash balance in the Marksmanship | 87053 |
| Activities Fund (Fund 5280) to the Camp Perry/Buckeye Inn | 87054 |
| Operations Fund (Fund 5360). The Director shall cancel any | 87055 |
| existing encumbrances against appropriation item 745645, | 87056 |
| Marksmanship Activities, and re-establish them against | 87057 |
| appropriation item 745620, Camp Perry/Buckeye Inn Operations. The | 87058 |
| re-established encumbrance amounts are hereby appropriated. Upon | 87059 |
| completion of the transfer, Fund 5280 is abolished. | 87060 |
| Section 207.10. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES | 87061 |
| General Revenue Fund | 87062 |
| GRF | 100405 | Agency Audit Expenses | $ | 294,904 | $ | 294,904 | 87063 | ||||
| GRF | 100415 | OAKS Rental Payments | $ | 18,607,000 | $ | 21,728,000 | 87064 | ||||
| GRF | 100416 | STARS Lease Rental Payments | $ | 4,977,600 | $ | 7,638,500 | 87065 | ||||
| GRF | 100417 | EEO Project Tracking Software-Federal | $ | 0 | $ | 100,000 | 87066 | ||||
| GRF | 100418 | Web Sites and Business Gateway | $ | 2,943,074 | $ | 2,943,076 | 87067 | ||||
| GRF | 100419 | IT Security Infrastructure | $ | 975,000 | $ | 975,000 | 87068 | ||||
| GRF | 100421 | OAKS Project Implementation | $ | 202,500 | $ | 202,500 | 87069 | ||||
| GRF | 100433 | State of Ohio Computer Center | $ | 5,819,871 | $ | 5,819,871 | 87070 | ||||
| GRF | 100439 | Equal Opportunity Certification Programs | $ | 712,724 | $ | 712,724 | 87071 | ||||
| GRF | 100447 | OBA - Building Rent Payments | $ | 102,635,400 | $ | 97,712,600 | 87072 | ||||
| GRF | 100448 | OBA - Building Operating Payments | $ | 25,603,000 | $ | 25,603,000 | 87073 | ||||
| GRF | 100449 | DAS - Building Operating Payments | $ | 3,271,384 | $ | 3,271,384 | 87074 | ||||
| GRF | 100451 | Minority Affairs | $ | 50,016 | $ | 50,016 | 87075 | ||||
| GRF | 102321 | Construction Compliance | $ | 1,108,744 | $ | 1,108,744 | 87076 | ||||
| GRF | 130321 | State Agency Support Services | $ | 3,039,578 | $ | 3,039,578 | 87077 | ||||
| TOTAL GRF General Revenue Fund | $ | 170,240,795 | $ | 171,199,897 | 87078 | ||||||
| General Services Fund Group | 87079 |
| 1120 | 100616 | DAS Administration | $ | 4,500,000 | $ | 4,500,000 | 87080 | ||||
| 1150 | 100632 | Central Service Agency | $ | 756,642 | $ | 756,642 | 87081 | ||||
| 1170 | 100644 | General Services Division - Operating | $ | 10,000,0000 | $ | 10,000,000 | 87082 | ||||
| 1220 | 100637 | Fleet Management | $ | 1,500,000 | $ | 1,500,000 | 87083 | ||||
| 1250 | 100622 | Human Resources Division - Operating | $ | 20,560,614 | $ | 20,560,614 | 87084 | ||||
| 1280 | 100620 | Collective Bargaining | $ | 3,662,534 | $ | 3,662,534 | 87085 | ||||
| 1300 | 100606 | Risk Management Reserve | $ | 5,568,548 | $ | 5,568,548 | 87086 | ||||
| 1310 | 100639 | State Architect's Office | $ | 7,544,146 | $ | 7,544,146 | 87087 | ||||
| 1320 | 100631 | DAS Building Management | $ | 8,637,670 | $ | 8,637,670 | 87088 | ||||
| 1330 | 100607 | IT Services Delivery | $ | 58,750,678 | $ | 58,750,678 | 87089 | ||||
| 1880 | 100649 | Equal Opportunity Division - Operating | $ | 884,650 | $ | 884,650 | 87090 | ||||
| 2100 | 100612 | State Printing | $ | 12,000,000 | $ | 12,000,000 | 87091 | ||||
| 2290 | 100630 | IT Governance | $ | 15,346,474 | $ | 15,346,474 | 87092 | ||||
| 4270 | 100602 | Investment Recovery | $ | 5,592,697 | $ | 5,592,697 | 87093 | ||||
| 4N60 | 100617 | Major IT Purchases | $ | 7,495,719 | $ | 1,950,000 | 87094 | ||||
| 4P30 | 100603 | DAS Information Services | $ | 4,054,414 | $ | 4,054,414 | 87095 | ||||
| 5C20 | 100605 | MARCS Administration | $ | 11,069,291 | $ | 11,069,291 | 87096 | ||||
| 5C30 | 100608 | Skilled Trades | $ | 605,885 | $ | 605,885 | 87097 | ||||
| 5EB0 | 100635 | OAKS Support Organization | $ | 15,984,761 | $ | 18,009,192 | 87098 | ||||
| 5L70 | 100610 | Professional Development | $ | 3,900,000 | $ | 3,900,000 | 87099 | ||||
| 5V60 | 100619 | Employee Educational Development | $ | 936,129 | $ | 936,129 | 87100 | ||||
| 5X30 | 100634 | Centralized Gateway Enhancement | $ | 3,676,956 | $ | 2,052,308 | 87101 | ||||
| TOTAL GSF General Services Fund | 87102 | ||||||||||
| Group | $ | 203,027,807 | $ | 197,881,871 | 87103 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 373,268,602 | $ | 369,081,768 | 87104 | ||||||
| Section 207.10.10. AGENCY AUDIT EXPENSES | 87106 |
| The foregoing appropriation item 100405, Agency Audit | 87107 |
| Expenses, shall be used for auditing expenses designated in | 87108 |
| division (A)(1) of section 117.13 of the Revised Code for those | 87109 |
| state agencies audited on a biennial basis. | 87110 |
| Section 207.10.20. OAKS RENTAL PAYMENTS | 87111 |
| The foregoing appropriation item 100415, OAKS Rental | 87112 |
| Payments, shall be used for payments for the period from July 1, | 87113 |
| 2009, through June 30, 2011, pursuant to leases and agreements | 87114 |
| entered into under Chapter 125. of the Revised Code, as | 87115 |
| supplemented by Section 503.10 of Am. Sub. H.B. 496 and Section | 87116 |
| 281.10 of Am. Sub. H.B. 562 of the 127th General Assembly with | 87117 |
| respect to financing the costs associated with the acquisition, | 87118 |
| development, installation, and implementation of the Ohio | 87119 |
| Administrative Knowledge System. If it is determined that | 87120 |
| additional appropriations are necessary for this purpose, the | 87121 |
| amounts are hereby appropriated. | 87122 |
| Section 207.10.30. STATE TAXATION ACCOUNTING AND REVENUE | 87123 |
| SYSTEM | 87124 |
| The Office of Information Technology, in conjunction with | 87125 |
| the Department of Taxation, may acquire the State Taxation | 87126 |
| Accounting and Revenue System (STARS) pursuant to Chapter 125. of | 87127 |
| the Revised Code, including, but not limited to, the application | 87128 |
| software and installation and implementation thereof, for the use | 87129 |
| of the Department of Taxation. STARS is an integrated tax | 87130 |
| collection and audit system that will replace all of the state's | 87131 |
| existing separate tax software and administration systems for the | 87132 |
| various taxes collected by the state. Any lease-purchase | 87133 |
| arrangement used under Chapter 125. of the Revised Code to acquire | 87134 |
| STARS, including any fractionalized interests therein as defined | 87135 |
| in division (N) of section 133.01 of the Revised Code, shall | 87136 |
| provide that at the end of the lease period, STARS becomes the | 87137 |
| property of the state. | 87138 |
| Section 207.10.40. STARS LEASE RENTAL PAYMENTS | 87139 |
| The foregoing appropriation item 100416, STARS Lease Rental | 87140 |
| Payments, shall be used for payments for the period from July 1, | 87141 |
| 2009, through June 30, 2011, pursuant to leases and agreements | 87142 |
| entered into under Chapter 125. of the Revised Code, as | 87143 |
| supplemented by Section 757.10 of Am. Sub. H.B. 119 of the 127th | 87144 |
| General Assembly, with respect to financing the cost associated | 87145 |
| with the acquisition, development, installation, and | 87146 |
| implementation of the State Taxation Accounting and Revenue | 87147 |
| System (STARS). If it is determined that additional appropriations | 87148 |
| are necessary for this purpose, the amounts are appropriated. | 87149 |
| Section 207.10.50. BUILDING RENT PAYMENTS | 87150 |
| The foregoing appropriation item 100447, OBA - Building Rent | 87151 |
| Payments, shall be used to meet all payments at the times they are | 87152 |
| required to be made during the period from July 1, 2009, to June | 87153 |
| 30, 2011, by the Department of Administrative Services to the Ohio | 87154 |
| Building Authority pursuant to leases and agreements under Chapter | 87155 |
| 152. of the Revised Code. These appropriations are the source of | 87156 |
| funds pledged for bond service charges on obligations issued | 87157 |
| pursuant to Chapter 152. of the Revised Code. | 87158 |
| The foregoing appropriation item 100448, OBA - Building | 87159 |
| Operating Payments, shall be used to meet all payments at the | 87160 |
| times that they are required to be made during the period from | 87161 |
| July 1, 2009, to June 30, 2011, by the Department of | 87162 |
| Administrative Services to the Ohio Building Authority pursuant to | 87163 |
| leases and agreements under Chapter 152. of the Revised Code, but | 87164 |
| limited to the aggregate amount of $51,206,000. | 87165 |
| The payments to the Ohio Building Authority are for paying | 87166 |
| the expenses of agencies that occupy space in various state | 87167 |
| facilities. The Department of Administrative Services may enter | 87168 |
| into leases and agreements with the Ohio Building Authority | 87169 |
| providing for the payment of these expenses. The Ohio Building | 87170 |
| Authority shall report to the Department of Administrative | 87171 |
| Services and the Office of Budget and Management not later than | 87172 |
| five months after the start of each fiscal year the actual | 87173 |
| expenses incurred by the Ohio Building Authority in operating the | 87174 |
| facilities and any balances remaining from payments and rentals | 87175 |
| received in the prior fiscal year. The Department of | 87176 |
| Administrative Services shall reduce subsequent payments by the | 87177 |
| amount of the balance reported to it by the Ohio Building | 87178 |
| Authority. | 87179 |
| Section 207.10.60. DAS - BUILDING OPERATING PAYMENTS | 87180 |
| The foregoing appropriation item 100449, DAS - Building | 87181 |
| Operating Payments, shall be used to pay the rent expenses of | 87182 |
| veterans organizations pursuant to section 123.024 of the Revised | 87183 |
| Code in fiscal years 2010 and 2011. | 87184 |
| The foregoing appropriation item, 100449, DAS - Building | 87185 |
| Operating Payments, also may be used to provide funding for the | 87186 |
| cost of property appraisals or building studies that the | 87187 |
| Department of Administrative Services may be required to obtain | 87188 |
| for property that is being sold by the state or property under | 87189 |
| consideration to be renovated or purchased by the state. | 87190 |
| Notwithstanding section 125.28 of the Revised Code, the | 87191 |
| remaining portion of the appropriation may be used to pay the | 87192 |
| operating expenses of state facilities maintained by the | 87193 |
| Department of Administrative Services that are not billed to | 87194 |
| building tenants. These expenses may include, but are not limited | 87195 |
| to, the costs for vacant space and space undergoing renovation, | 87196 |
| and the rent expenses of tenants that are relocated because of | 87197 |
| building renovations. These payments shall be processed by the | 87198 |
| Department of Administrative Services through intrastate transfer | 87199 |
| vouchers and placed in the Building Management Fund (Fund 1320). | 87200 |
| Notwithstanding division (A)(1) of section 125.28 of the | 87201 |
| Revised Code, the Department of Administrative Services may use | 87202 |
| the Building Management Fund (Fund 1320) to support utility costs | 87203 |
| at the State of Ohio Computer Center that exceed the available | 87204 |
| appropriation in appropriation item 100433, State of Ohio Computer | 87205 |
| Center. | 87206 |
| Section 207.10.70. CENTRAL SERVICE AGENCY FUND | 87207 |
| The appropriation item 100632, Central Service Agency, shall | 87208 |
| be used to purchase the equipment, products, and services that are | 87209 |
| needed to maintain automated applications for the professional | 87210 |
| licensing boards and to support board licensing functions in | 87211 |
| fiscal years 2010 and 2011. The Department of Administrative | 87212 |
| Services shall establish charges for recovering the costs of | 87213 |
| carrying out these functions. The charges shall be billed to the | 87214 |
| professional licensing boards and deposited via intrastate | 87215 |
| transfer vouchers to the credit of the Central Service Agency Fund | 87216 |
| (Fund 1150). Total Department of Administrative Services charges | 87217 |
| for the maintenance and support of the licensing system shall not | 87218 |
| exceed $363,678 in each fiscal year of the biennium. | 87219 |
| Section 207.20.10. GENERAL SERVICE CHARGES | 87220 |
| The Department of Administrative Services, with the approval | 87221 |
| of the Director of Budget and Management, shall establish charges | 87222 |
| for recovering the costs of administering the programs funded by | 87223 |
| the General Services Fund (Fund 1170) and the State Printing Fund | 87224 |
| (Fund 2100). Such charges within Fund 1170 may be used to recover | 87225 |
| the cost of paying a vendor to establish reduced pricing for | 87226 |
| contracted supplies or services. | 87227 |
| If the Director of Administrative Services determines that | 87228 |
| additional amounts are necessary to pay for consulting and | 87229 |
| administrative costs related to securing lower pricing, the | 87230 |
| Director of Administrative Services may request that the Director | 87231 |
| of Budget and Management approve additional expenditures. Such | 87232 |
| approved additional amounts are appropriated to appropriation item | 87233 |
| 100644, General Services Division-Operating. | 87234 |
| Section 207.20.20. COLLECTIVE BARGAINING ARBITRATION | 87235 |
| EXPENSES | 87236 |
| With approval of the Director of Budget and Management, the | 87237 |
| Department of Administrative Services may seek reimbursement from | 87238 |
| state agencies for the actual costs and expenses the Department | 87239 |
| incurs in the collective bargaining arbitration process. The | 87240 |
| reimbursements shall be processed through intrastate transfer | 87241 |
| vouchers and credited to the Collective Bargaining Fund (Fund | 87242 |
| 1280). | 87243 |
| Section 207.20.40. EQUAL OPPORTUNITY PROGRAM | 87244 |
| The Department of Administrative Services, with the approval | 87245 |
| of the Director of Budget and Management, shall establish charges | 87246 |
| for recovering the costs of administering the activities supported | 87247 |
| by the State EEO Fund (Fund 1880). These charges shall be | 87248 |
| deposited to the credit of the State EEO Fund (Fund 1880) upon | 87249 |
| payment made by state agencies, state-supported or state-assisted | 87250 |
| institutions of higher education, and tax-supported agencies, | 87251 |
| municipal corporations, and other political subdivisions of the | 87252 |
| state, for services rendered. | 87253 |
| Section 207.20.50. MERCHANDISE RESALE FUND ABOLISHMENT | 87254 |
| On July 1, 2009, or as soon as possible thereafter, the | 87255 |
| Director of Budget and Management shall transfer the cash balance, | 87256 |
| functions, assets, and liabilities of the Merchandise Resale Fund | 87257 |
| (Fund 2010) to the State Printing Fund (Fund 2100). The Director | 87258 |
| of Budget and Management shall cancel any existing encumbrances | 87259 |
| against appropriation item 100653, General Services Resale | 87260 |
| Merchandise, and re-establish them against appropriation item | 87261 |
| 100612, State Printing. The re-established encumbrances are | 87262 |
| appropriated. Upon completion of the transfer, Fund 2010 is | 87263 |
| abolished. | 87264 |
| The State Printing Fund is thereupon and thereafter successor | 87265 |
| to, assumes the obligations of, and otherwise constitutes the | 87266 |
| continuation of the Merchandise Resale Fund. Any business | 87267 |
| commenced but not completed pertaining to the Merchandise for | 87268 |
| Resale Fund by July 1, 2009, shall be completed within the State | 87269 |
| Printing Fund in the same manner and with the same effect as if it | 87270 |
| were completed within the Merchandise for Resale Fund. All of the | 87271 |
| rules, orders, and determinations associated with the Merchandise | 87272 |
| for Resale Fund continue in effect as rules, orders, and | 87273 |
| determinations associated with the State Printing Fund until | 87274 |
| modified or rescinded by the Director of Administrative Services. | 87275 |
| If necessary to ensure the integrity of the Administrative Code, | 87276 |
| the Director of the Legislative Service Commission shall renumber | 87277 |
| the rules relating to the Merchandise for Resale Fund to reflect | 87278 |
| its transfer to the State Printing Fund. | 87279 |
| On and after July 1, 2009, when the Merchandise for Resale | 87280 |
| Fund is referred to in any statute, rule, contract, grant or other | 87281 |
| document, the reference is hereby deemed to refer to the State | 87282 |
| Printing Fund. | 87283 |
| Section 207.20.80. INVESTMENT RECOVERY FUND | 87284 |
| Notwithstanding division (B) of section 125.14 of the Revised | 87285 |
| Code, cash balances in the Investment Recovery Fund (Fund 4270) | 87286 |
| may be used to support the operating expenses of the Federal | 87287 |
| Surplus Operating Program created in sections 125.84 to 125.90 of | 87288 |
| the Revised Code. | 87289 |
| Notwithstanding division (B) of section 125.14 of the Revised | 87290 |
| Code, cash balances in the Investment Recovery Fund may be used to | 87291 |
| support the operating expenses of the Asset Management Services | 87292 |
| Program, including, but not limited to, the cost of establishing | 87293 |
| and maintaining procedures for inventory records for state | 87294 |
| property as described in section 125.16 of the Revised Code. | 87295 |
| Of the foregoing appropriation item 100602, Investment | 87296 |
| Recovery, up to $2,093,564 in fiscal year 2010 and up to | 87297 |
| $2,107,388 in fiscal year 2011 shall be used to pay the operating | 87298 |
| expenses of the State Surplus Property Program, the Surplus | 87299 |
| Federal Property Program, and the Asset Management Services | 87300 |
| Program under Chapter 125. of the Revised Code and this section. | 87301 |
| If additional appropriations are necessary for the operations of | 87302 |
| these programs, the Director of Administrative Services shall seek | 87303 |
| increased appropriations from the Controlling Board under section | 87304 |
| 131.35 of the Revised Code. | 87305 |
| Of the foregoing appropriation item 100602, Investment | 87306 |
| Recovery, $3,590,000 in fiscal year 2010 and $3,576,176 in fiscal | 87307 |
| year 2011 shall be used to transfer proceeds from the sale of | 87308 |
| surplus property from the Investment Recovery Fund to non-General | 87309 |
| Revenue Funds under division (A)(2) of section 125.14 of the | 87310 |
| Revised Code. If it is determined by the Director of | 87311 |
| Administrative Services that additional amounts are necessary for | 87312 |
| the transfer of such sale proceeds, the Director of Administrative | 87313 |
| Services may request the Director of Budget and Management to | 87314 |
| authorize additional amounts. Such authorized additional amounts | 87315 |
| are hereby appropriated. | 87316 |
| Section 207.20.90. DAS INFORMATION SERVICES | 87317 |
| There is hereby established in the State Treasury the DAS | 87318 |
| Information Services Fund. The foregoing appropriation item | 87319 |
| 100603, DAS Information Services, shall be used to pay the costs | 87320 |
| of providing information systems and services in the Department of | 87321 |
| Administrative Services. Any state agency, board, or commission | 87322 |
| may use DAS Information Services by paying for the services | 87323 |
| rendered. | 87324 |
| The Department of Administrative Services shall establish | 87325 |
| user charges for all information systems and services that are | 87326 |
| allowable in the statewide indirect cost allocation plan submitted | 87327 |
| annually to the United States Department of Health and Human | 87328 |
| Services. These charges shall comply with federal regulations and | 87329 |
| shall be deposited to the credit of the DAS Information Services | 87330 |
| Fund (Fund 4P30). | 87331 |
| Section 207.30.30. CASH TRANSFER TO OAKS SUPPORT | 87332 |
| ORGANIZATION FUND | 87333 |
| The Director of Budget and Management may transfer | 87334 |
| $1,317,922.16 in cash from the IT Services Delivery Fund (Fund | 87335 |
| 1330) to the OAKS Support Organization Fund (5EB0) to correct an | 87336 |
| intrastate transfer voucher from the Department of Administrative | 87337 |
| Services that was deposited in the IT Services Delivery Fund. | 87338 |
| Section 207.30.40. PROFESSIONAL DEVELOPMENT FUND | 87339 |
| The foregoing appropriation item 100610, Professional | 87340 |
| Development, shall be used to make payments from the Professional | 87341 |
| Development Fund (Fund 5L70) under section 124.182 of the Revised | 87342 |
| Code. | 87343 |
| Section 207.30.50. EMPLOYEE EDUCATIONAL DEVELOPMENT | 87344 |
| The foregoing appropriation item 100619, Employee | 87345 |
| Educational Development, shall be used to make payments from the | 87346 |
| Employee Educational Development Fund (Fund 5V60) under section | 87347 |
| 124.86 of the Revised Code. The fund shall be used to pay the | 87348 |
| costs of administering educational programs under existing | 87349 |
| collective bargaining agreements with District 1199, the Health | 87350 |
| Care and Social Service Union; State Council of Professional | 87351 |
| Educators; Ohio Education Association and National Education | 87352 |
| Association; the Fraternal Order of Police Ohio Labor Council, | 87353 |
| Unit 2; and the Ohio State Troopers Association, Units 1 and 15. | 87354 |
| If it is determined by the Director of Administrative | 87355 |
| Services that additional amounts are necessary, the Director of | 87356 |
| Administrative Services may request that the Director of Budget | 87357 |
| and Management approve additional amounts. Such approved | 87358 |
| additional amounts are hereby appropriated. | 87359 |
| Section 207.30.60. CENTRALIZED GATEWAY ENHANCEMENT FUND | 87360 |
| (A) As used in this section, "Ohio Business Gateway" refers | 87361 |
| to the internet-based system operated by the Department of | 87362 |
| Administrative Services with the advice of the Ohio Business | 87363 |
| Gateway Steering Committee established under section 5703.57 of | 87364 |
| the Revised Code. The Ohio Business Gateway is established to | 87365 |
| provide businesses a central web site where various filings and | 87366 |
| payments are submitted on-line to government. The information is | 87367 |
| then distributed to the various government entities that | 87368 |
| interact with the business community. | 87369 |
| (B) As used in this section: | 87370 |
| (1) "State Portal" refers to the official web site of the | 87371 |
| state, operated by the Department of Administrative Services. | 87372 |
| (2) "Shared Hosting Environment" refers to the computerized | 87373 |
| system operated by the Department of Administrative Services for | 87374 |
| the purpose of providing capability for state agencies to host | 87375 |
| web sites. | 87376 |
| (C) There is hereby created in the state treasury the | 87377 |
| Centralized Gateway Enhancement Fund (Fund 5X30). The foregoing | 87378 |
| appropriation item 100634, Centralized Gateway Enhancement, shall | 87379 |
| be used by the Department of Administrative Services to pay the | 87380 |
| costs of enhancing, expanding, and operating the infrastructure | 87381 |
| of the Ohio Business Gateway, State Portal, and Shared Hosting | 87382 |
| Environment. The Director of Administrative Services shall submit | 87383 |
| spending plans to the Director of Budget and Management to | 87384 |
| justify operating transfers to the fund from the General | 87385 |
| Revenue Fund. Upon approval, the Director of Budget and | 87386 |
| Management shall transfer approved amounts to the fund, not to | 87387 |
| exceed the amount of the annual appropriation in each fiscal | 87388 |
| year. The spending plans may be based on the recommendations of | 87389 |
| the Ohio Business Gateway Steering Committee or its successor. | 87390 |
| Section 207.30.70. MAJOR IT PURCHASES AND CONTRACTS | 87391 |
| The Director of Administrative Services shall compute the | 87392 |
| amount of revenue attributable to the amortization of all | 87393 |
| equipment purchases and capitalized systems from appropriation | 87394 |
| item 100607, IT Services Delivery; appropriation item 100617, | 87395 |
| Major IT Purchases; and appropriation item C10014, Major Computer | 87396 |
| Purchases, which is recovered by the Department of Administrative | 87397 |
| Services as part of the rates charged by the IT Service Delivery | 87398 |
| Fund (Fund 1330) created in section 125.15 of the Revised Code. | 87399 |
| The Director of Budget and Management may transfer cash in an | 87400 |
| amount not to exceed the amount of amortization computed from | 87401 |
| the IT Service Delivery Fund (Fund 1330) to the Major IT | 87402 |
| Purchases Fund (Fund 4N60). | 87403 |
| Section 207.30.80. CASH TRANSFERS FROM THE MAJOR IT PURCHASES | 87404 |
| FUND | 87405 |
| Upon request of the Director of Administrative Services, the | 87406 |
| Director of Budget and Management may make the following transfers | 87407 |
| from the Major IT Purchases Fund (Fund 4N60): | 87408 |
| (1) Up to $2,800,000 in each fiscal year of the biennium to | 87409 |
| the State Architect's Fund (Fund 1310) to support the OAKS Capital | 87410 |
| Improvements Module and other costs of the State Architect's | 87411 |
| Office that are not directly related to capital projects managed | 87412 |
| by the State Architect; | 87413 |
| (2) Up to $457,467 in fiscal year 2010 and up to $471,630 in | 87414 |
| fiscal year 2011 to the Director's Office Fund (Fund 1120) to | 87415 |
| support operating expenses of the Accountability and Results | 87416 |
| Initiative; | 87417 |
| (3) Up to $4,000,000 in fiscal year 2010 and up to $1,000,000 | 87418 |
| in fiscal year 2011 to the OAKS Support Organization Fund (Fund | 87419 |
| 5EB0) to support OAKS operating costs not billed to the Office of | 87420 |
| Budget and Management's Accounting and Budgeting Fund (Fund 1050), | 87421 |
| to the Department of Administrative Services' Human Resources | 87422 |
| Services Fund (Fund 1250), or paid from other funds of the | 87423 |
| Department of Administrative Services; and | 87424 |
| (4) Up to $639,945 in each fiscal year of the biennium to the | 87425 |
| General Revenue Fund. | 87426 |
| Upon approval of the Director of Budget and Management, the | 87427 |
| transferred amounts to non-GRF funds are appropriated in the | 87428 |
| designated fiscal years to the following appropriation items: | 87429 |
| 100639, State Architect's Office (Fund 1310) in each fiscal year | 87430 |
| 2010 and fiscal year 2011; 100616, DAS Administration (Fund | 87431 |
| 1120) in both fiscal year 2010 and fiscal year 2011; and 100635, | 87432 |
| OAKS Support Organization (Fund 5EB0) in fiscal year 2010 only. | 87433 |
| Section 207.30.90. CORRECTIVE CASH TRANSFER TO INFORMATION | 87434 |
| TECHNOLOGY FUND | 87435 |
| On July 1, 2009, or as soon as possible thereafter, the | 87436 |
| Director of Budget and Management shall transfer $7,768.37 in cash | 87437 |
| from the Unemployment Compensation Fund (Fund 1130) to the | 87438 |
| Information Technology Fund (Fund 1330). This transfer corrects a | 87439 |
| deposit of revenue that was made to Fund 1130. Upon completion of | 87440 |
| the transfer, Fund 1130 is abolished. | 87441 |
| Section 207.40.10. MULTI-AGENCY RADIO COMMUNICATION SYSTEM | 87442 |
| DEBT SERVICE PAYMENTS | 87443 |
| The Director of Administrative Services, in consultation with | 87444 |
| the Multi-Agency Radio Communication System (MARCS) Steering | 87445 |
| Committee and the Director of Budget and Management, shall | 87446 |
| determine the share of debt service payments attributable to | 87447 |
| spending for MARCS components that are not specific to any one | 87448 |
| agency and that shall be charged to agencies supported by the | 87449 |
| motor fuel tax. Such share of debt service payments shall be | 87450 |
| calculated for MARCS capital disbursements made beginning July 1, | 87451 |
| 1997. Within thirty days of any payment made from appropriation | 87452 |
| item 100447, OBA - Building Rent Payments, the Director of | 87453 |
| Administrative Services shall certify to the Director of Budget | 87454 |
| and Management the amount of this share. The Director of Budget | 87455 |
| and Management shall transfer such amounts to the General Revenue | 87456 |
| Fund from the State Highway Safety Fund (Fund 7036) established in | 87457 |
| section 4501.06 of the Revised Code. | 87458 |
| The Director of Administrative Services shall consider | 87459 |
| renting or leasing existing tower sites at reasonable or current | 87460 |
| market rates, so long as these existing sites are equipped with | 87461 |
| the technical capabilities to support the MARCS project. | 87462 |
| Section 207.40.30. DIRECTOR'S DECLARATION OF PUBLIC EXIGENCY | 87463 |
| Whenever the Director of Administrative Services declares a | 87464 |
| "public exigency," as provided in division (C) of section 123.15 | 87465 |
| of the Revised Code, the Director shall also notify the members of | 87466 |
| the Controlling Board. | 87467 |
| Section 209.10. AGE DEPARTMENT OF AGING | 87468 |
| General Revenue Fund | 87469 |
| GRF | 490321 | Operating Expenses | $ | 2,109,817 | $ | 2,109,817 | 87470 | ||||
| GRF | 490409 | AmeriCorps Operations | $ | 125,000 | $ | 125,000 | 87471 | ||||
| GRF | 490410 | Long-Term Care Ombudsman | $ | 535,857 | $ | 535,857 | 87472 | ||||
| GRF | 490411 | Senior Community Services | $ | 8,434,134 | $ | 8,434,134 | 87473 | ||||
| GRF | 490412 | Residential State Supplement | $ | 7,325,417 | $ | 7,325,417 | 87474 | ||||
| GRF | 490414 | Alzheimer's Respite | $ | 3,644,277 | $ | 3,685,593 | 87475 | ||||
| GRF | 490423 | Long Term Care Budget - State | $ | 112,916,967 | $ | 149,317,603 | 87476 | ||||
| GRF | 490506 | National Senior Service Corps | $ | 268,237 | $ | 268,237 | 87477 | ||||
| GRF | 490625 | Alzheimer's Respite - Federal Stimulus | $ | 512,318 | $ | 471,002 | 87478 | ||||
| TOTAL GRF General Revenue Fund | $ | 135,872,024 | $ | 172,272,660 | 87479 | ||||||
| General Services Fund Group | 87480 |
| 4800 | 490606 | Senior Community Outreach and Education | $ | 372,677 | $ | 372,677 | 87481 | ||||
| TOTAL GSF General Services Fund | 87482 | ||||||||||
| Group | $ | 372,677 | $ | 372,677 | 87483 | ||||||
| Federal Special Revenue Fund Group | 87484 |
| 3220 | 490618 | Federal Aging Grants | $ | 10,200,000 | $ | 10,200,000 | 87485 | ||||
| 3C40 | 490623 | Long Term Care Budget | $ | 350,162,957 | $ | 340,193,418 | 87486 | ||||
| 3M40 | 490612 | Federal Independence Services | $ | 63,655,080 | $ | 63,655,080 | 87487 | ||||
| 3R70 | 490617 | AmeriCorps Programs | $ | 8,870,000 | $ | 8,870,000 | 87488 | ||||
| TOTAL FED Federal Special Revenue | 87489 | ||||||||||
| Fund Group | $ | 432,888,037 | $ | 422,918,498 | 87490 | ||||||
| State Special Revenue Fund Group | 87491 |
| 4C40 | 490609 | Regional Long-Term Care Ombudsman Program | $ | 935,000 | $ | 935,000 | 87492 | ||||
| 4J40 | 490610 | PASSPORT/Residential State Supplement | $ | 33,263,984 | $ | 33,263,984 | 87493 | ||||
| 4U90 | 490602 | PASSPORT Fund | $ | 4,424,969 | $ | 4,424,969 | 87494 | ||||
| 5AA0 | 490673 | Ohio's Best Rx Administration | $ | 202,712 | $ | 0 | 87495 | ||||
| 5BA0 | 490620 | Ombudsman Support | $ | 600,000 | $ | 600,000 | 87496 | ||||
| 5K90 | 490613 | Long Term Care Consumers Guide | $ | 820,400 | $ | 820,400 | 87497 | ||||
| 5W10 | 490616 | Resident Services Coordinator Program | $ | 330,000 | $ | 330,000 | 87498 | ||||
| 6240 | 490604 | OCSC Community Support | $ | 470,000 | $ | 470,000 | 87499 | ||||
| TOTAL SSR State Special Revenue | 87500 | ||||||||||
| Fund Group | $ | 41,047,065 | $ | 40,844,353 | 87501 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 610,179,803 | $ | 636,408,188 | 87502 | ||||||
| Section 209.20. LONG-TERM CARE | 87504 |
| Pursuant to an interagency agreement, the Department of Job | 87505 |
| and Family Services shall designate the Department of Aging to | 87506 |
| perform assessments under section 5111.204 of the Revised Code. | 87507 |
| The Department of Aging shall provide long-term care consultations | 87508 |
| under section 173.42 of the Revised Code to assist individuals in | 87509 |
| planning for their long-term health care needs. The foregoing | 87510 |
| appropriation items 490423, Long Term Care Budget – State, and | 87511 |
| 490623, Long Term Care Budget, may be used to provide the | 87512 |
| preadmission screening and resident review (PASRR), which includes | 87513 |
| screening, assessments, and determinations made under sections | 87514 |
| 5111.02, 5111.204, 5119.061, and 5123.021 of the Revised Code. | 87515 |
| The foregoing appropriation items 490423, Long Term Care | 87516 |
| Budget - State, and 490623, Long Term Care Budget, may be used to | 87517 |
| assess and provide long-term care consultations to clients | 87518 |
| regardless of Medicaid eligibility. | 87519 |
| The Director of Aging shall adopt rules under section 111.15 | 87520 |
| of the Revised Code governing the nonwaiver funded PASSPORT | 87521 |
| program, including client eligibility. The foregoing appropriation | 87522 |
| item 490423, Long Term Care Budget - State, may be used by the | 87523 |
| Department of Aging to provide nonwaiver funded PASSPORT services | 87524 |
| to persons the Department has determined to be eligible to | 87525 |
| participate in the nonwaiver funded PASSPORT Program, including | 87526 |
| those persons not yet determined to be financially eligible to | 87527 |
| participate in the Medicaid waiver component of the PASSPORT | 87528 |
| Program by a county department of job and family services. | 87529 |
| The Department of Aging shall administer the Medicaid | 87530 |
| waiver-funded PASSPORT Home Care Program, the Choices Program, the | 87531 |
| Assisted Living Program, and the PACE Program as delegated by the | 87532 |
| Department of Job and Family Services in an interagency agreement. | 87533 |
| The foregoing appropriation item 490423, Long Term Care Budget - | 87534 |
| State, shall be used to provide the required state match for | 87535 |
| federal Medicaid funds supporting the Medicaid Waiver-funded | 87536 |
| PASSPORT Home Care Program, the Choices Program, the Assisted | 87537 |
| Living Program, and the PACE Program. The foregoing appropriation | 87538 |
| items 490423, Long Term Care Budget - State, and 490623, Long Term | 87539 |
| Care Budget, may also be used to support the Department of Aging's | 87540 |
| administrative costs associated with operating the PASSPORT, | 87541 |
| Choices, Assisted Living, and PACE programs. | 87542 |
| The foregoing appropriation item 490623, Long Term Care | 87543 |
| Budget, shall be used to provide the federal matching share for | 87544 |
| all program costs determined by the Department of Job and Family | 87545 |
| Services to be eligible for Medicaid reimbursement. | 87546 |
| HOME FIRST PROGRAM | 87547 |
| (A) As used in this section, "Long Term Care Budget Services" | 87548 |
| includes the following existing programs: PASSPORT, Assisted | 87549 |
| Living, Residential State Supplement, and PACE. | 87550 |
| (B) On a quarterly basis, on receipt of the certified | 87551 |
| expenditures related to sections 173.401, 173.351, and 5111.894 of | 87552 |
| the Revised Code, the Director of Budget and Management may do | 87553 |
| all of the following for fiscal years 2010 and 2011: | 87554 |
| (1) Transfer cash from the Nursing Facility Stabilization | 87555 |
| Fund (Fund 5R20), used by the Department of Job and Family | 87556 |
| Services, to the PASSPORT/Residential State Supplement Fund (Fund | 87557 |
| 4J40), used by the Department of Aging. | 87558 |
| The transferred cash is hereby appropriated to appropriation | 87559 |
| item 490610, PASSPORT/Residential State Supplement. | 87560 |
| (2) If receipts credited to the PASSPORT Fund (Fund 3C40) | 87561 |
| exceed the amounts appropriated from the fund, the Director of | 87562 |
| Aging may request the Director of Budget and Management to | 87563 |
| authorize expenditures from the fund in excess of the amounts | 87564 |
| appropriated. Upon the approval of the Director of Budget and | 87565 |
| Management, the additional amounts are hereby appropriated. | 87566 |
| (3) If receipts credited to the Interagency Reimbursement | 87567 |
| Fund (Fund 3G50) exceed the amounts appropriated from the fund, | 87568 |
| the Director of Job and Family Services may request the Director | 87569 |
| of Budget and Management to authorize expenditures from the fund | 87570 |
| in excess of the amounts appropriated. Upon the approval of the | 87571 |
| Director of Budget and Management, the additional amounts are | 87572 |
| hereby appropriated. | 87573 |
| (C) The individuals placed in Long Term Care Budget Services | 87574 |
| pursuant to this section shall be in addition to the individuals | 87575 |
| placed in Long Term Care Budget Services during fiscal years 2010 | 87576 |
| and 2011 before any transfers to appropriation item 490423, Long | 87577 |
| Term Care Budget-State, are made under this section. | 87578 |
| ALLOCATION OF PACE SLOTS | 87579 |
| In order to effectively administer and manage growth within | 87580 |
| the PACE Program, the Director of Aging may, as the director deems | 87581 |
| appropriate and to the extent funding is available, expand the | 87582 |
| PACE Program to regions of Ohio beyond those currently served by | 87583 |
| the PACE Program. In implementing the expansion, the Director may | 87584 |
| not decrease the number of residents of Cuyahoga and Hamilton | 87585 |
| counties and parts of Butler, Clermont, and Warren counties who | 87586 |
| are participating in the PACE Program below the number of | 87587 |
| residents of those counties and parts of counties who are enrolled | 87588 |
| in the PACE Program on the effective date of the expansion. | 87589 |
| Section 209.30. OHIO COMMUNITY SERVICE COUNCIL | 87590 |
| The foregoing appropriation items 490409, AmeriCorps | 87591 |
| Operations, and 490617, AmeriCorps Programs, shall be used in | 87592 |
| accordance with section 121.40 of the Revised Code. | 87593 |
| LONG-TERM CARE OMBUDSMAN | 87594 |
| The foregoing appropriation item 490410, Long-Term Care | 87595 |
| Ombudsman, shall be used for a program to fund ombudsman program | 87596 |
| activities as authorized in sections 173.14 to 173.27 and section | 87597 |
| 173.99 of the Revised Code. | 87598 |
| SENIOR COMMUNITY SERVICES | 87599 |
| The foregoing appropriation item 490411, Senior Community | 87600 |
| Services, shall be used for services designated by the Department | 87601 |
| of Aging, including, but not limited to, home-delivered and | 87602 |
| congregate meals, transportation services, personal care | 87603 |
| services, respite services, adult day services, home repair, care | 87604 |
| coordination, and decision support systems. Service priority | 87605 |
| shall be given to low income, frail, and cognitively impaired | 87606 |
| persons 60 years of age and over. The department shall promote | 87607 |
| cost sharing by service recipients for those services funded with | 87608 |
| senior community services funds, including, when possible, | 87609 |
| sliding-fee scale payment systems based on the income of service | 87610 |
| recipients. | 87611 |
| RESIDENTIAL STATE SUPPLEMENT | 87612 |
| Under the Residential State Supplement Program, the amount | 87613 |
| used to determine whether a resident is eligible for payment and | 87614 |
| for determining the amount per month the eligible resident will | 87615 |
| receive shall be as follows: | 87616 |
| (A) $927 for a residential care facility, as defined in | 87617 |
| section 3721.01 of the Revised Code; | 87618 |
| (B) $927 for an adult group home, as defined in Chapter 3722. | 87619 |
| of the Revised Code; | 87620 |
| (C) $824 for an adult foster home, as defined in Chapter 173. | 87621 |
| of the Revised Code; | 87622 |
| (D) $824 for an adult family home, as defined in Chapter | 87623 |
| 3722. of the Revised Code; | 87624 |
| (E) $824 for an adult residential facility, as defined in | 87625 |
| Chapter 5119. of the Revised Code; | 87626 |
| (F) $618 for adult community mental health housing services, | 87627 |
| as defined in division (B)(5) of section 173.35 of the Revised | 87628 |
| Code. | 87629 |
| The Departments of Aging and Job and Family Services shall | 87630 |
| reflect these amounts in any applicable rules the departments | 87631 |
| adopt under section 173.35 of the Revised Code. | 87632 |
| TRANSFER OF RESIDENTIAL STATE SUPPLEMENT APPROPRIATIONS | 87633 |
| The foregoing appropriation items 490412, Residential State | 87634 |
| Supplement, and 490610, PASSPORT/Residential State Supplement, may | 87635 |
| be used by the Director of Aging to transfer cash to the Home and | 87636 |
| Community Based Services for the Aged Fund (Fund 4J50), which is | 87637 |
| used by the Department of Job and Family Services and the | 87638 |
| Residential State Supplement Fund (Fund 5CH0), used by the | 87639 |
| Department of Mental Health. The transferred cash shall be used | 87640 |
| to make benefit payments to residential state supplement | 87641 |
| recipients. The transfer shall be made using an intrastate | 87642 |
| transfer voucher. | 87643 |
| RESIDENTIAL STATE SUPPLEMENT WORKGROUP | 87644 |
| (A) There is hereby created the Residential State Supplement | 87645 |
| Workgroup consisting of all of the following: | 87646 |
| (1) The Director of Aging or the Director's designee; | 87647 |
| (2) The Director of Health or the Director's designee; | 87648 |
| (3) The Director of Job and Family Services or the Director's | 87649 |
| designee; | 87650 |
| (4) The Director of Mental Health or the Director's designee. | 87651 |
| (B) The Director of Aging or the Director's designee shall | 87652 |
| serve as the chairperson of the Workgroup. Members of the | 87653 |
| Workgroup shall serve without compensation, except to the extent | 87654 |
| that serving on the Workgroup is considered part of their regular | 87655 |
| employment duties. | 87656 |
| (C) The Workgroup shall examine solely the issue of which | 87657 |
| state agency is the most appropriate to administer the Residential | 87658 |
| State Supplement Program. Not later than December 31, 2009, the | 87659 |
| Workgroup shall submit written recommendations on this issue to | 87660 |
| the Governor and, in accordance with section 101.68 of the Revised | 87661 |
| Code, to the General Assembly. The Workgroup shall cease to exist | 87662 |
| on submission of its recommendations. | 87663 |
| ALZHEIMER'S RESPITE | 87664 |
| The foregoing appropriation item 490414, Alzheimer's Respite, | 87665 |
| shall be used to fund only Alzheimer's disease services under | 87666 |
| section 173.04 of the Revised Code. | 87667 |
| ALZHEIMER'S RESPITE – FEDERAL STIMULUS | 87668 |
| The foregoing appropriation item 490625, Alzheimer's Respite | 87669 |
| – Federal Stimulus, shall be used to fund only Alzheimer's disease | 87670 |
| services under section 173.04 of the Revised Code. | 87671 |
| EDUCATION AND TRAINING | 87672 |
| The foregoing appropriation item 490606, Senior Community | 87673 |
| Outreach and Education, may be used to provide training to workers | 87674 |
| in the field of aging pursuant to division (G) of section 173.02 | 87675 |
| of the Revised Code. | 87676 |
| REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM | 87677 |
| The foregoing appropriation item 490609, Regional Long-Term | 87678 |
| Care Ombudsman, shall be used to pay the costs of operating the | 87679 |
| regional long-term care ombudsman programs designated by the | 87680 |
| Long-Term Care Ombudsman. | 87681 |
| PASSPORT/RESIDENTIAL STATE SUPPLEMENT | 87682 |
| The foregoing appropriation item 490610, PASSPORT/Residential | 87683 |
| State Supplement, may be used to fund the Residential State | 87684 |
| Supplement Program. The remaining available funds shall be used to | 87685 |
| fund the PASSPORT program. | 87686 |
| TRANSFER OF APPROPRIATIONS - FEDERAL INDEPENDENCE SERVICES | 87687 |
| AND FEDERAL AGING GRANTS | 87688 |
| At the request of the Director of Aging, the Director of | 87689 |
| Budget and Management may transfer appropriation between | 87690 |
| appropriation items 490612, Federal Independence Services, and | 87691 |
| 490618, Federal Aging Grants. The amounts transferred shall not | 87692 |
| exceed 30 per cent of the appropriation from which the transfer | 87693 |
| is made. Any transfers shall be reported by the Department of | 87694 |
| Aging to the Controlling Board at the next scheduled meeting of | 87695 |
| the board. | 87696 |
| TRANSFER OF RESIDENT PROTECTION FUNDS | 87697 |
| In each fiscal year, the Director of Budget and Management | 87698 |
| may transfer $600,000 cash from the Resident Protection Fund | 87699 |
| (Fund 4E30), which is used by the Department of Job and Family | 87700 |
| Services, to the Ombudsman Support Fund (Fund 5BA0), which is | 87701 |
| used by the Department of Aging. | 87702 |
| Section 209.40. UNIFIED LONG-TERM CARE BUDGET WORKGROUP | 87703 |
| (A) There is hereby created the Unified Long-Term Care Budget | 87704 |
| Workgroup. The Workgroup shall consist of the following members: | 87705 |
| (1) The Director of Aging; | 87706 |
| (2) Consumer advocates, representatives of the provider | 87707 |
| community, representatives of managed care organizations with | 87708 |
| which the Department of Job and Family Services contracts under | 87709 |
| section 5111.17 of the Revised Code, and state policy makers, | 87710 |
| appointed by the Governor; | 87711 |
| (3) Two members of the House of Representatives, one member | 87712 |
| from the majority party and one member from the minority party, | 87713 |
| appointed by the Speaker of the House of Representatives; | 87714 |
| (4) Two members of the Senate, one member from the majority | 87715 |
| party and one member from the minority party, appointed by the | 87716 |
| President of the Senate. | 87717 |
| The Director of Aging shall serve as the chairperson of the | 87718 |
| Workgroup. | 87719 |
| The Workgroup shall be staffed by the departments of Aging | 87720 |
| and Job and Family Services. | 87721 |
| (B) The Workgroup shall develop a unified long-term care | 87722 |
| budget that facilitates the following: | 87723 |
| (1) Providing a consumer a choice of services that meet the | 87724 |
| consumer's health care needs and improve the consumer's quality of | 87725 |
| life; | 87726 |
| (2) Providing a continuum of services that meet the needs of | 87727 |
| a consumer throughout life and promote a consumer's independence | 87728 |
| and autonomy; | 87729 |
| (3) Consolidating policymaking authority and the associated | 87730 |
| budgets in a single entity to simplify the consumer's decision | 87731 |
| making and maximize the state's flexibility in meeting the | 87732 |
| consumer's needs; | 87733 |
| (4) Assuring the state has a system that is cost effective | 87734 |
| and links disparate services across agencies and jurisdictions. | 87735 |
| (C) On an annual basis, the Directors of Aging, Job and | 87736 |
| Family Services, and Budget and Management shall submit a written | 87737 |
| report to the Speaker of the House of Representatives, the | 87738 |
| Minority Leader of the House of Representatives, the President of | 87739 |
| the Senate, the Minority Leader of the Senate, and the members of | 87740 |
| the Joint Legislative Committee on Medicaid Technology and Reform | 87741 |
| describing the progress towards establishing, or if already | 87742 |
| established, the effectiveness of the unified long-term care | 87743 |
| budget. | 87744 |
| (D) In support of the Workgroup's proposal, the Director of | 87745 |
| Budget and Management may seek Controlling Board approval to | 87746 |
| transfer cash from the Nursing Facility Stabilization Fund (Fund | 87747 |
| 5R20), used by the Department of Job and Family Services, to the | 87748 |
| PASSPORT/Residential State Supplement Fund (Fund 4J40), used by | 87749 |
| the Department of Aging. | 87750 |
| Any transfers of cash approved by the Controlling Board under | 87751 |
| this section are hereby appropriated to appropriation item 490610, | 87752 |
| PASSPORT/Residential State Supplement. | 87753 |
| Section 209.45. MEDICAID MANAGED LONG-TERM CARE REPORT | 87754 |
| Not later than July 1, 2010, the Directors of Aging and Job | 87755 |
| and Family Services shall submit a written report to the Speaker | 87756 |
| of the House of Representatives, Minority Leader of the House of | 87757 |
| Representatives, President of the Senate, Minority Leader of the | 87758 |
| Senate, and members of the Joint Legislative Committee on Medicaid | 87759 |
| Technology and Reform on the feasibility of including aged, blind, | 87760 |
| and disabled Medicaid recipients specified in division (B)(2)(a) | 87761 |
| to (e) of section 5111.16 of the Revised Code in the care | 87762 |
| management system established under that section. The report shall | 87763 |
| include all of the following: | 87764 |
| (A) An assessment of Medicaid managed care programs in other | 87765 |
| states that include such aged, blind, and disabled Medicaid | 87766 |
| recipients; | 87767 |
| (B) Anticipated costs and savings to the Medicaid program if | 87768 |
| such aged, blind, and disabled Medicaid recipients were included | 87769 |
| in the care management system; | 87770 |
| (C) Options for integrating the services specified in | 87771 |
| divisions (A) and (B) of section 173.431 of the Revised Code into | 87772 |
| the care management system. | 87773 |
| Section 209.50. OHIO'S BEST RX PROGRAM | 87774 |
| Notwithstanding the provisions of Chapter 173. of the | 87775 |
| Revised Code regarding the establishment and operation of the | 87776 |
| Ohio's Best Rx Program, the Director of Aging shall take all | 87777 |
| actions necessary to wind up the affairs of the program not later | 87778 |
| than January 1, 2010. For purposes of this section, all of the | 87779 |
| following apply: | 87780 |
| (A) Beginning on the effective date of this section, | 87781 |
| applications for program enrollment cards shall not be accepted | 87782 |
| and consideration of pending applications shall cease. | 87783 |
| (B) On November 15, 2009, each program enrollment card or the | 87784 |
| portion of a Golden Buckeye card used as a program enrollment card | 87785 |
| is no longer valid. | 87786 |
| (C) Except as provided in division (D) of this section, | 87787 |
| terminal distributors of dangerous drugs shall not dispense drugs | 87788 |
| under the program on or after November 15, 2009. | 87789 |
| (D) The drug mail order system included in the program shall | 87790 |
| dispense drugs under the program only for orders postmarked or | 87791 |
| otherwise submitted before November 15, 2009. | 87792 |
| (E) Drug manufacturers shall not enter into new manufacturer | 87793 |
| agreements on or after November 15, 2009, but shall continue to | 87794 |
| make payments in accordance with agreements in effect before | 87795 |
| November 15, 2009. | 87796 |
| (F) Accounts with terminal distributors of dangerous drugs | 87797 |
| and all other accounts under the program shall continue to be | 87798 |
| reconciled as necessary on and after November 15, 2009, but the | 87799 |
| accounts shall be closed not later than January 1, 2010, and are | 87800 |
| not subject to further reconciliation on or after January 1, | 87801 |
| 2010. | 87802 |
| OHIO'S BEST RX ADMINISTRATION | 87803 |
| On January 1, 2010, or as soon as possible thereafter, the | 87804 |
| Director of Budget and Management shall transfer the cash balance | 87805 |
| in the Ohio's Best Rx Administration Fund (Fund 5AA0) to the | 87806 |
| General Revenue Fund. Upon completion of the transfer, Fund 5AA0 | 87807 |
| is abolished. The Director shall cancel any existing | 87808 |
| encumbrances against appropriation item 490673, Ohio's Best Rx | 87809 |
| Administration. | 87810 |
| Section 211.10. AGR DEPARTMENT OF AGRICULTURE | 87811 |
| General Revenue Fund | 87812 |
| GRF | 700401 | Animal Disease Control | $ | 3,617,777 | $ | 3,617,777 | 87813 | ||||
| GRF | 700403 | Dairy Division | $ | 1,110,277 | $ | 1,110,277 | 87814 | ||||
| GRF | 700404 | Ohio Proud | $ | 246,895 | $ | 246,895 | 87815 | ||||
| GRF | 700406 | Consumer Analytical Lab | $ | 1,256,469 | $ | 1,274,854 | 87816 | ||||
| GRF | 700409 | Farmland Preservation | $ | 200,000 | $ | 200,000 | 87817 | ||||
| GRF | 700411 | International Trade and Market Development | $ | 531,440 | $ | 531,440 | 87818 | ||||
| GRF | 700412 | Weights and Measures | $ | 200,000 | $ | 200,000 | 87819 | ||||
| GRF | 700415 | Poultry Inspection | $ | 375,401 | $ | 375,401 | 87820 | ||||
| GRF | 700418 | Livestock Regulation Program | $ | 1,322,784 | $ | 1,353,676 | 87821 | ||||
| GRF | 700424 | Livestock Testing and Inspections | $ | 120,906 | $ | 120,906 | 87822 | ||||
| GRF | 700499 | Meat Inspection Program - State Share | $ | 4,920,926 | $ | 4,960,926 | 87823 | ||||
| GRF | 700501 | County Agricultural Societies | $ | 334,903 | $ | 334,903 | 87824 | ||||
| GRF | 700503 | Livestock Exhibition Fund | $ | 62,500 | $ | 62,500 | 87825 | ||||
| GRF | 700654 | Agriculture Operating - Federal Stimulus | $ | 1,107,035 | $ | 1,017,758 | 87826 | ||||
| TOTAL GRF General Revenue Fund | $ | 15,407,313 | $ | 15,407,313 | 87827 | ||||||
| General Services Fund Group | 87828 |
| 5DA0 | 700644 | Laboratory Administration Support | $ | 1,100,000 | $ | 1,100,000 | 87829 | ||||
| TOTAL GSF General Services Fund Group | $ | 1,100,000 | $ | 1,100,000 | 87830 | ||||||
| Federal Special Revenue Fund Group | 87831 |
| 3260 | 700618 | Meat Inspection Program - Federal Share | $ | 4,950,000 | $ | 4,950,000 | 87832 | ||||
| 3360 | 700617 | Ohio Farm Loan Revolving Fund | $ | 1,000,000 | $ | 1,000,000 | 87833 | ||||
| 3820 | 700601 | Cooperative Contracts | $ | 2,000,000 | $ | 2,000,000 | 87834 | ||||
| 3AB0 | 700641 | Agricultural Easement | $ | 1,000,000 | $ | 1,000,000 | 87835 | ||||
| 3J40 | 700607 | Indirect Cost | $ | 600,000 | $ | 600,000 | 87836 | ||||
| 3R20 | 700614 | Federal Plant Industry | $ | 1,000,000 | $ | 1,000,000 | 87837 | ||||
| TOTAL FED Federal Special Revenue | 87838 | ||||||||||
| Fund Group | $ | 10,550,000 | $ | 10,550,000 | 87839 | ||||||
| State Special Revenue Fund Group | 87840 |
| 4900 | 700651 | License Plates - Sustainable Agriculture | $ | 20,000 | $ | 20,000 | 87841 | ||||
| 4940 | 700612 | Agricultural Commodity Marketing Program | $ | 250,000 | $ | 250,000 | 87842 | ||||
| 4960 | 700626 | Ohio Grape Industries | $ | 849,999 | $ | 849,999 | 87843 | ||||
| 4970 | 700627 | Commodity Handlers Regulatory Program | $ | 496,000 | $ | 496,000 | 87844 | ||||
| 4C90 | 700605 | Commercial Feed and Seed | $ | 2,200,000 | $ | 2,200,000 | 87845 | ||||
| 4D20 | 700609 | Auction Education | $ | 41,000 | $ | 41,000 | 87846 | ||||
| 4E40 | 700606 | Utility Radiological Safety | $ | 134,631 | $ | 134,631 | 87847 | ||||
| 4R00 | 700636 | Ohio Proud Marketing | $ | 10,500 | $ | 10,500 | 87848 | ||||
| 4R20 | 700637 | Dairy Industry Inspection | $ | 1,800,000 | $ | 1,800,000 | 87849 | ||||
| 4T60 | 700611 | Poultry and Meat Inspection | $ | 140,469 | $ | 140,469 | 87850 | ||||
| 4T70 | 700613 | Ohio Proud International and Domestic Market Development | $ | 15,000 | $ | 15,000 | 87851 | ||||
| 5780 | 700620 | Ride Inspection Fees | $ | 1,000,001 | $ | 1,000,001 | 87852 | ||||
| 5B80 | 700629 | Auctioneers | $ | 365,390 | $ | 365,390 | 87853 | ||||
| 5CP0 | 700652 | License Plate Scholarships | $ | 20,000 | $ | 20,000 | 87854 | ||||
| 5FC0 | 700648 | Plant Pest Program | $ | 1,000,000 | $ | 1,000,000 | 87855 | ||||
| 5H20 | 700608 | Metrology Lab and Scale Certification | $ | 1,454,006 | $ | 1,454,006 | 87856 | ||||
| 5L80 | 700604 | Livestock Management Program | $ | 256,286 | $ | 256,286 | 87857 | ||||
| 6520 | 700634 | Animal and Consumer Analytical Laboratory | $ | 4,300,000 | $ | 4,300,000 | 87858 | ||||
| 6690 | 700635 | Pesticide, Fertilizer, and Lime Inspection Program | $ | 3,470,000 | $ | 3,470,000 | 87859 | ||||
| TOTAL SSR State Special Revenue | 87860 | ||||||||||
| Fund Group | $ | 17,823,282 | $ | 17,823,282 | 87861 | ||||||
| Clean Ohio Conservation Fund Group | 87862 |
| 7057 | 700632 | Clean Ohio Agricultural Easement | $ | 149,000 | $ | 149,000 | 87863 | ||||
| TOTAL CLF Clean Ohio Conservation Fund Group | $ | 149,000 | $ | 149,000 | 87864 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 45,029,595 | $ | 45,029,595 | 87865 |
| COUNTY AGRICULTURAL SOCIETIES | 87866 |
| The foregoing appropriation item 700501, County Agricultural | 87867 |
| Societies, shall be used to reimburse county and independent | 87868 |
| agricultural societies for expenses related to Junior Fair | 87869 |
| activities. | 87870 |
| FEDERAL ECONOMIC STIMULUS/RECOVERY FUNDS | 87871 |
| The foregoing appropriation item 700654, Agriculture | 87872 |
| Operating - Federal Stimulus, shall be used to support government | 87873 |
| services consistent with funds received from the federal | 87874 |
| government for fiscal stabilization and recovery purposes. | 87875 |
| COMMERCIAL FEED AND SEED FUND TRANSFER | 87876 |
| On July 1, 2009, or as soon as possible thereafter, the | 87877 |
| Director of Budget and Management shall transfer thirty-two per | 87878 |
| cent of the cash balance in the Commercial Feed and Seed Fund | 87879 |
| (Fund 4C90) as of June 30, 2009, to the Pesticide, Fertilizer, and | 87880 |
| Lime Inspection Program Fund (Fund 6690). The Director shall | 87881 |
| cancel existing encumbrances against appropriation item 700605, | 87882 |
| Commercial Feed and Seed, and re-establish them against | 87883 |
| appropriation item 700635, Pesticide, Fertilizer, and Lime | 87884 |
| Inspection Program. The re-established encumbrance amounts are | 87885 |
| hereby appropriated. | 87886 |
| FOOD SAFETY FUND TRANSFER | 87887 |
| On July 1, 2009, or as soon as possible thereafter, the | 87888 |
| Director of Budget and Management shall transfer the unexpended, | 87889 |
| unencumbered balance of the Food Safety Fund (Fund 4P70) to the | 87890 |
| General Revenue Fund. | 87891 |
| PESTICIDE, FERTILIZER, AND LIME INSPECTION FUND TRANSFER | 87892 |
| On July, 1, 2009, or as soon as possible thereafter, the | 87893 |
| Director of Budget and Management shall transfer $600,000 in cash | 87894 |
| from the Pesticide, Fertilizer, and Lime Inspection Fund (Fund | 87895 |
| 6690) to the Plant Pest Program Fund (Fund 5FC0). | 87896 |
| CLEAN OHIO AGRICULTURAL EASEMENT | 87897 |
| The foregoing appropriation item 700632, Clean Ohio | 87898 |
| Agricultural Easement, shall be used by the Department of | 87899 |
| Agriculture in administering sections 901.21, 901.22, and 5301.67 | 87900 |
| to 5301.70 of the Revised Code. | 87901 |
| Section 213.10. AIR AIR QUALITY DEVELOPMENT AUTHORITY | 87902 |
| General Revenue Fund | 87903 |
| GRF | 898402 | Coal Development Office | $ | 374,146 | $ | 374,146 | 87904 | ||||
| GRF | 898901 | Coal Research and Development General Obligation Debt Service | $ | 9,968,400 | $ | 10,947,000 | 87905 | ||||
| TOTAL GRF General Revenue Fund | $ | 10,342,546 | $ | 11,321,146 | 87906 | ||||||
| General Services Fund Group | 87907 |
| 5EG0 | 898608 | Energy Strategy Development | $ | 307,000 | $ | 307,000 | 87908 | ||||
| TOTAL GSF General Services Fund | $ | 307,000 | $ | 307,000 | 87909 | ||||||
| Agency Fund Group | 87910 |
| 4Z90 | 898602 | Small Business Ombudsman | $ | 294,290 | $ | 294,290 | 87911 | ||||
| 5700 | 898601 | Operating Expenses | $ | 264,000 | $ | 264,000 | 87912 | ||||
| 5A00 | 898603 | Small Business Assistance | $ | 71,087 | $ | 71,087 | 87913 | ||||
| TOTAL AGY Agency Fund Group | $ | 629,377 | $ | 629,377 | 87914 | ||||||
| Coal Research/Development Fund | 87915 |
| 7046 | 898604 | Coal Research and Development Fund | $ | 66,000,000 | $ | 10,000,000 | 87916 | ||||
| TOTAL 046 Coal Research and Development Fund | $ | 66,000,000 | $ | 10,000,000 | 87917 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 77,278,923 | $ | 22,257,523 | 87918 | ||||||
| COAL DEVELOPMENT OFFICE | 87919 |
| The foregoing appropriation item 898402, Coal Development | 87920 |
| Office, shall be used for the administrative costs of the Coal | 87921 |
| Development Office. | 87922 |
| COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE | 87923 |
| The foregoing appropriation item GRF 898901, Coal Research | 87924 |
| and Development General Obligation Debt Service, shall be used to | 87925 |
| pay all debt service and related financing costs at the times | 87926 |
| they are required to be made during the period from July 1, 2009, | 87927 |
| to June 30, 2011, for obligations issued under sections 151.01 | 87928 |
| and 151.07 of the Revised Code. | 87929 |
| Section 213.30. REIMBURSEMENT TO AIR QUALITY DEVELOPMENT | 87930 |
| AUTHORITY TRUST ACCOUNT | 87931 |
| Notwithstanding any other provision of law to the contrary, | 87932 |
| the Air Quality Development Authority may reimburse the Air | 87933 |
| Quality Development Authority trust account established under | 87934 |
| section 3706.10 of the Revised Code from all operating funds of | 87935 |
| the agency for expenses pertaining to the administration and | 87936 |
| shared costs incurred by the Air Quality Development Authority in | 87937 |
| the execution of responsibilities as prescribed in Chapter 3706. | 87938 |
| of the Revised Code. Reimbursement shall be made by voucher and | 87939 |
| completed in accordance with the administrative indirect costs | 87940 |
| allocation plan approved by the Office of Budget and Management. | 87941 |
| Section 215.10. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION | 87942 |
| SERVICES | 87943 |
| General Revenue Fund | 87944 |
| GRF | 038401 | Treatment Services | $ | 33,000,000 | $ | 33,000,000 | 87945 | ||||
| GRF | 038404 | Prevention Services | $ | 837,131 | $ | 837,131 | 87946 | ||||
| GRF | 038626 | Local Alcohol and Other Drug Subsidy - Federal Stimulus | $ | 0 | $ | 2,954,598 | 87947 | ||||
| TOTAL GRF General Revenue Fund | $ | 33,837,131 | $ | 36,791,729 | 87948 | ||||||
| General Services Fund | 87949 |
| 5T90 | 038616 | Problem Gambling Services | $ | 335,000 | $ | 335,000 | 87950 | ||||
| TOTAL GSF General Services Fund Group | $ | 335,000 | $ | 335,000 | 87951 | ||||||
| Federal Special Revenue Fund Group | 87952 |
| 3G30 | 038603 | Drug Free Schools | $ | 2,260,000 | $ | 2,260,000 | 87953 | ||||
| 3G40 | 038614 | Substance Abuse Block Grant | $ | 71,500,000 | $ | 71,500,000 | 87954 | ||||
| 3H80 | 038609 | Demonstration Grants | $ | 7,093,075 | $ | 7,093,075 | 87955 | ||||
| 3J80 | 038610 | Medicaid | $ | 62,772,342 | $ | 60,817,910 | 87956 | ||||
| 3N80 | 038611 | Administrative Reimbursement | $ | 500,000 | $ | 500,000 | 87957 | ||||
| TOTAL FED Federal Special Revenue | 87958 | ||||||||||
| Fund Group | $ | 144,125,417 | $ | 142,170,985 | 87959 | ||||||
| State Special Revenue Fund Group | 87960 |
| 4750 | 038621 | Statewide Treatment and Prevention | $ | 18,000,000 | $ | 18,000,000 | 87961 | ||||
| 5DH0 | 038620 | Fetal Alcohol Spectrum Disorder | $ | 327,500 | $ | 327,500 | 87962 | ||||
| 6890 | 038604 | Education and Conferences | $ | 200,000 | $ | 200,000 | 87963 | ||||
| TOTAL SSR State Special Revenue | 87964 | ||||||||||
| Fund Group | $ | 18,527,500 | $ | 18,527,500 | 87965 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 196,825,048 | $ | 197,825,214 | 87966 | ||||||
| Section 217.10. ARC ARCHITECTS BOARD | 87968 |
| General Services Fund Group | 87969 |
| 4K90 | 891609 | Operating Expenses | $ | 522,055 | $ | 550,718 | 87970 | ||||
| TOTAL GSF General Services Fund | 87971 | ||||||||||
| Group | $ | 522,055 | $ | 550,718 | 87972 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 522,055 | $ | 550,718 | 87973 | ||||||
| Section 219.10. ART OHIO ARTS COUNCIL | 87975 |
| General Revenue Fund | 87976 |
| GRF | 370321 | Operating Expenses | $ | 2,072,545 | $ | 2,072,545 | 87977 | ||||
| GRF | 370502 | State Program Subsidies | $ | 5,000,000 | $ | 5,000,000 | 87978 | ||||
| TOTAL GRF General Revenue Fund | $ | 7,072,545 | $ | 7,072,545 | 87979 | ||||||
| General Services Fund Group | 87980 |
| 4600 | 370602 | Management Expenses and Donations | $ | 285,000 | $ | 285,000 | 87981 | ||||
| 4B70 | 370603 | Percent for Art Acquisitions | $ | 86,366 | $ | 86,366 | 87982 | ||||
| TOTAL GSF General Services Fund Group | $ | 371,366 | $ | 371,366 | 87983 | ||||||
| Federal Special Revenue Fund Group | 87984 |
| 3140 | 370601 | Federal Support | $ | 1,000,000 | $ | 1,000,000 | 87985 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 1,000,000 | $ | 1,000,000 | 87986 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 8,443,911 | $ | 8,443,911 | 87987 | ||||||
| PROGRAM SUBSIDIES | 87988 |
| A museum is not eligible to receive funds from appropriation | 87989 |
| item 370502, State Program Subsidies, if $8,000,000 or more in | 87990 |
| capital appropriations were appropriated by the state for the | 87991 |
| museum between January 1, 1986, and December 31, 2002. | 87992 |
| Section 221.10. ATH ATHLETIC COMMISSION | 87993 |
| General Services Fund Group | 87994 |
| 4K90 | 175609 | Operating Expenses | $ | 247,624 | $ | 247,624 | 87995 | ||||
| TOTAL GSF General Services Fund Group | $ | 247,624 | $ | 247,624 | 87996 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 247,624 | $ | 247,624 | 87997 | ||||||
| Section 223.10. AGO ATTORNEY GENERAL | 87999 |
| General Revenue Fund | 88000 |
| GRF | 055321 | Operating Expenses | $ | 45,469,699 | $ | 45,469,699 | 88001 | ||||
| GRF | 055405 | Law-Related Education | $ | 100,000 | $ | 100,000 | 88002 | ||||
| GRF | 055411 | County Sheriffs' Pay Supplement | $ | 757,921 | $ | 757,921 | 88003 | ||||
| GRF | 055415 | County Prosecutors' Pay Supplement | $ | 831,499 | $ | 831,499 | 88004 | ||||
| TOTAL GRF General Revenue Fund | $ | 47,159,119 | $ | 47,159,119 | 88005 | ||||||
| General Services Fund Group | 88006 |
| 1060 | 055612 | General Reimbursement | $ | 38,750,000 | $ | 38,750,000 | 88007 | ||||
| 1950 | 055660 | Workers' Compensation Section | $ | 8,415,504 | $ | 8,415,504 | 88008 | ||||
| 4180 | 055615 | Charitable Foundations | $ | 7,286,000 | $ | 7,286,000 | 88009 | ||||
| 4200 | 055603 | Attorney General Antitrust | $ | 1,750,000 | $ | 1,750,000 | 88010 | ||||
| 4210 | 055617 | Police Officers' Training Academy Fee | $ | 2,000,000 | $ | 2,000,000 | 88011 | ||||
| 4Z20 | 055609 | BCI Asset Forfeiture and Cost Reimbursement | $ | 1,000,000 | $ | 1,000,000 | 88012 | ||||
| 5900 | 055633 | Peace Officer Private Security Fund | $ | 98,370 | $ | 98,370 | 88013 | ||||
| 5A90 | 055618 | Telemarketing Fraud Enforcement | $ | 7,500 | $ | 7,500 | 88014 | ||||
| 5L50 | 055619 | Law Enforcement Assistance Program | $ | 1,457,852 | $ | 0 | 88015 | ||||
| 6290 | 055636 | Corrupt Activity Investigation and Prosecution | $ | 15,000 | $ | 15,000 | 88016 | ||||
| 6310 | 055637 | Consumer Protection Enforcement | $ | 3,500,000 | $ | 3,500,000 | 88017 | ||||
| TOTAL GSF General Services Fund | 88018 | ||||||||||
| Group | $ | 64,280,226 | $ | 62,822,374 | 88019 | ||||||
| Federal Special Revenue Fund Group | 88020 |
| 3060 | 055620 | Medicaid Fraud Control | $ | 3,879,672 | $ | 3,879,672 | 88021 | ||||
| 3810 | 055611 | Civil Rights Legal Service | $ | 402,540 | $ | 402,540 | 88022 | ||||
| 3830 | 055634 | Crime Victims Assistance | $ | 16,000,000 | $ | 16,000,000 | 88023 | ||||
| 3E50 | 055638 | Attorney General Pass-Through Funds | $ | 3,030,000 | $ | 3,030,000 | 88024 | ||||
| 3R60 | 055613 | Attorney General Federal Funds | $ | 5,115,000 | $ | 5,115,000 | 88025 | ||||
| TOTAL FED Federal Special Revenue | 88026 | ||||||||||
| Fund Group | $ | 28,427,212 | $ | 28,427,212 | 88027 | ||||||
| State Special Revenue Fund Group | 88028 |
| 4020 | 055616 | Victims of Crime | $ | 29,000,000 | $ | 28,000,000 | 88029 | ||||
| 4190 | 055623 | Claims Section | $ | 36,875,000 | $ | 36,875,000 | 88030 | ||||
| 4L60 | 055606 | DARE Programs | $ | 3,927,962 | $ | 3,927,962 | 88031 | ||||
| 4Y70 | 055608 | Title Defect Recision | $ | 600,000 | $ | 600,000 | 88032 | ||||
| 6590 | 055641 | Solid and Hazardous Waste Background Investigations | $ | 621,159 | $ | 621,159 | 88033 | ||||
| TOTAL SSR State Special Revenue | 88034 | ||||||||||
| Fund Group | $ | 71,024,121 | $ | 70,024,121 | 88035 | ||||||
| Holding Account Redistribution Fund Group | 88036 |
| R004 | 055631 | General Holding Account | $ | 1,000,000 | $ | 1,000,000 | 88037 | ||||
| R005 | 055632 | Antitrust Settlements | $ | 1,000 | $ | 1,000 | 88038 | ||||
| R018 | 055630 | Consumer Frauds | $ | 750,000 | $ | 750,000 | 88039 | ||||
| R042 | 055601 | Organized Crime Commission Distributions | $ | 25,025 | $ | 25,025 | 88040 | ||||
| R054 | 055650 | Collection Outside Counsel Payments | $ | 4,500,000 | $ | 4,500,000 | 88041 | ||||
| TOTAL 090 Holding Account | 88042 | ||||||||||
| Redistribution Fund Group | $ | 6,276,025 | $ | 6,276,025 | 88043 | ||||||
| Tobacco Master Settlement Agreement Fund Group | 88044 |
| J087 | 055635 | Law Enforcement Technology, Training, and Facility Enhancements | $ | 1,987,073 | $ | 0 | 88045 | ||||
| U087 | 055402 | Tobacco Settlement Oversight, Administration, and Enforcement | $ | 2,478,850 | $ | 2,478,850 | 88046 | ||||
| TOTAL TSF Tobacco Master Settlement Agreement Fund Group | $ | 4,465,923 | $ | 2,478,850 | 88047 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 221,632,626 | $ | 217,187,701 | 88048 | ||||||
| COUNTY SHERIFFS' PAY SUPPLEMENT | 88049 |
| The foregoing appropriation item 055411, County Sheriffs' | 88050 |
| Pay Supplement, shall be used for the purpose of supplementing the | 88051 |
| annual compensation of county sheriffs as required by section | 88052 |
| 325.06 of the Revised Code. | 88053 |
| At the request of the Attorney General, the Director of | 88054 |
| Budget and Management may transfer appropriation from | 88055 |
| appropriation item 055321, Operating Expenses, to appropriation | 88056 |
| item 055411, County Sheriffs' Pay Supplement. Any appropriation so | 88057 |
| transferred shall be used to supplement the annual compensation | 88058 |
| of county sheriffs as required by section 325.06 of the Revised | 88059 |
| Code. | 88060 |
| COUNTY PROSECUTORS' PAY SUPPLEMENT | 88061 |
| The foregoing appropriation item 055415, County Prosecutors' | 88062 |
| Pay Supplement, shall be used for the purpose of supplementing the | 88063 |
| annual compensation of certain county prosecutors as required by | 88064 |
| section 325.111 of the Revised Code. | 88065 |
| At the request of the Attorney General, the Director of | 88066 |
| Budget and Management may transfer appropriation from | 88067 |
| appropriation item 055321, Operating Expenses, to appropriation | 88068 |
| item 055415, County Prosecutors' Pay Supplement. Any | 88069 |
| appropriation so transferred shall be used to supplement the | 88070 |
| annual compensation of county prosecutors as required by section | 88071 |
| 325.111 of the Revised Code. | 88072 |
| WORKERS' COMPENSATION SECTION | 88073 |
| The Workers' Compensation Fund (Fund 1950) is entitled to | 88074 |
| receive payments from the Bureau of Workers' Compensation and | 88075 |
| the Ohio Industrial Commission at the beginning of each quarter | 88076 |
| of each fiscal year to fund legal services to be provided to the | 88077 |
| Bureau of Workers' Compensation and the Ohio Industrial | 88078 |
| Commission during the ensuing quarter. The advance payment shall | 88079 |
| be subject to adjustment. | 88080 |
| In addition, the Bureau of Workers' Compensation shall | 88081 |
| transfer payments at the beginning of each quarter for the support | 88082 |
| of the Workers' Compensation Fraud Unit. | 88083 |
| All amounts shall be mutually agreed upon by the Attorney | 88084 |
| General, the Bureau of Workers' Compensation, and the Ohio | 88085 |
| Industrial Commission. | 88086 |
| CORRUPT ACTIVITY INVESTIGATION AND PROSECUTION | 88087 |
| The foregoing appropriation item 055636, Corrupt Activity | 88088 |
| Investigation and Prosecution, shall be used as provided by | 88089 |
| division (D)(2) of section 2923.35 of the Revised Code to dispose | 88090 |
| of the proceeds, fines, and penalties credited to the Corrupt | 88091 |
| Activity Investigation and Prosecution Fund, which is created in | 88092 |
| division (D)(1)(b) of section 2923.35 of the Revised Code. | 88093 |
| GENERAL HOLDING ACCOUNT | 88094 |
| The foregoing appropriation item 055631, General Holding | 88095 |
| Account, shall be used to distribute moneys under the terms of | 88096 |
| relevant court orders or other settlements received in a variety | 88097 |
| of cases involving the Office of the Attorney General. | 88098 |
| ATTORNEY GENERAL PASS-THROUGH FUNDS | 88099 |
| The foregoing appropriation item 055638, Attorney General | 88100 |
| Pass-Through Funds, shall be used to receive federal grant funds | 88101 |
| provided to the Attorney General by other state agencies, | 88102 |
| including, but not limited to, the Department of Youth Services | 88103 |
| and the Department of Public Safety. | 88104 |
| ANTITRUST SETTLEMENTS | 88105 |
| The foregoing appropriation item 055632, Antitrust | 88106 |
| Settlements, shall be used to distribute moneys under the terms | 88107 |
| of relevant court orders or other out of court settlements in | 88108 |
| antitrust cases or antitrust matters involving the Office of the | 88109 |
| Attorney General. | 88110 |
| CONSUMER FRAUDS | 88111 |
| The foregoing appropriation item 055630, Consumer Frauds, | 88112 |
| shall be used for distribution of moneys from court-ordered | 88113 |
| judgments against sellers in actions brought by the Office of | 88114 |
| Attorney General under sections 1334.08 and 4549.48 and division | 88115 |
| (B) of section 1345.07 of the Revised Code. These moneys shall be | 88116 |
| used to provide restitution to consumers victimized by the fraud | 88117 |
| that generated the court-ordered judgments. | 88118 |
| ORGANIZED CRIME COMMISSION DISTRIBUTIONS | 88119 |
| The foregoing appropriation item 055601, Organized Crime | 88120 |
| Commission Distributions, shall be used by the Organized Crime | 88121 |
| Investigations Commission, as provided by section 177.011 of the | 88122 |
| Revised Code, to reimburse political subdivisions for the expenses | 88123 |
| the political subdivisions incur when their law enforcement | 88124 |
| officers participate in an organized crime task force. | 88125 |
| FUND ABOLISHMENTS | 88126 |
| Effective July 1, 2009, or as soon as possible thereafter, | 88127 |
| the Director of Budget and Management shall transfer the cash | 88128 |
| balance in the Asbestos Abatement Distribution Fund (Fund 6740) to | 88129 |
| the General Revenue Fund. Upon completion of the transfer, Fund | 88130 |
| 6740 is abolished. | 88131 |
| Effective July 1, 2009, the Bingo License Refunds Fund (Fund | 88132 |
| R003) is abolished. | 88133 |
| Section 225.10. AUD AUDITOR OF STATE | 88134 |
| General Revenue Fund | 88135 |
| GRF | 070321 | Operating Expenses | $ | 29,279,031 | $ | 29,279,031 | 88136 | ||||
| GRF | 070403 | Fiscal Watch/Emergency Technical Assistance | $ | 700,000 | $ | 700,000 | 88137 | ||||
| TOTAL GRF General Revenue Fund | $ | 29,979,031 | $ | 29,979,031 | 88138 | ||||||
| Auditor of State Fund Group | 88139 |
| 1090 | 070601 | Public Audit Expense - Intra-State | $ | 11,000,000 | $ | 11,000,000 | 88140 | ||||
| 4220 | 070602 | Public Audit Expense - Local Government | $ | 35,000,000 | $ | 34,000,000 | 88141 | ||||
| 5840 | 070603 | Training Program | $ | 181,250 | $ | 181,250 | 88142 | ||||
| 6750 | 070605 | Uniform Accounting Network | $ | 2,800,000 | $ | 3,500,000 | 88143 | ||||
| TOTAL AUD Auditor of State Fund | 88144 | ||||||||||
| Group | $ | 48,981,250 | $ | 48,681,250 | 88145 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 78,960,281 | $ | 78,660,281 | 88146 | ||||||
| FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE | 88147 |
| The foregoing appropriation item 070403, Fiscal | 88148 |
| Watch/Emergency Technical Assistance, shall be used for expenses | 88149 |
| incurred by the Office of the Auditor of State in its role | 88150 |
| relating to fiscal watch or fiscal emergency activities under | 88151 |
| Chapters 118. and 3316. of the Revised Code. Expenses include, | 88152 |
| but are not limited to, the following: duties related to the | 88153 |
| determination or termination of fiscal watch or fiscal emergency | 88154 |
| of municipal corporations, counties, townships, or school | 88155 |
| districts; development of preliminary accounting reports; | 88156 |
| performance of annual forecasts; provision of performance audits; | 88157 |
| and supervisory, accounting, or auditing services for the | 88158 |
| municipal corporations, counties, townships, or school districts. | 88159 |
| An amount equal to the unexpended, unencumbered portion of | 88160 |
| appropriation item 070403, Fiscal Watch/Emergency Technical | 88161 |
| Assistance, at the end of fiscal year 2010 is hereby | 88162 |
| reappropriated for the same purpose in fiscal year 2011. | 88163 |
| Section 225.20. The moneys transferred pursuant to division | 88164 |
| (E) of section 117.13 of the Revised Code relative to costs of | 88165 |
| audits of state agencies and local public offices are hereby | 88166 |
| appropriated. | 88167 |
| Section 227.10. BRB BOARD OF BARBER EXAMINERS | 88168 |
| General Services Fund Group | 88169 |
| 4K90 | 877609 | Operating Expenses | $ | 600,851 | $ | 600,851 | 88170 | ||||
| TOTAL GSF General Services Fund | 88171 | ||||||||||
| Group | $ | 600,851 | $ | 600,851 | 88172 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 600,851 | $ | 600,851 | 88173 | ||||||
| Section 229.10. OBM OFFICE OF BUDGET AND MANAGEMENT | 88175 |
| General Revenue Fund | 88176 |
| GRF | 042321 | Budget Development and Implementation | $ | 2,412,346 | $ | 2,350,805 | 88177 | ||||
| GRF | 042410 | National Association Dues | $ | 30,448 | $ | 31,361 | 88178 | ||||
| GRF | 042412 | Audit of Auditor of State | $ | 44,528 | $ | 46,309 | 88179 | ||||
| GRF | 042413 | Payment Issuance | $ | 446,968 | $ | 457,545 | 88180 | ||||
| GRF | 042416 | Medicaid Agency Transition | $ | 571,028 | $ | 369,298 | 88181 | ||||
| GRF | 042435 | Gubernatorial Transition | $ | 0 | $ | 250,000 | 88182 | ||||
| TOTAL GRF General Revenue Fund | $ | 3,505,318 | $ | 3,505,318 | 88183 | ||||||
| General Services Fund Group | 88184 |
| 1050 | 042603 | State Accounting and Budgeting | $ | 37,031,976 | $ | 41,206,060 | 88185 | ||||
| 5N40 | 042602 | OAKS Project Implementation | $ | 2,100,000 | $ | 2,100,000 | 88186 | ||||
| 5Z80 | 042608 | Executive Medicaid Administration | $ | 57,751 | $ | 0 | 88187 | ||||
| TOTAL GSF General Services Fund Group | $ | 39,189,727 | $ | 43,306,060 | 88188 | ||||||
| Federal Special Revenue Fund Group | 88189 |
| 3CM0 | 042606 | Medicaid Transition - Federal | $ | 734,979 | $ | 747,098 | 88190 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 734,979 | $ | 747,098 | 88191 | ||||||
| Agency Fund Group | 88192 |
| 5EH0 | 042604 | Forgery Recovery | $ | 50,000 | $ | 50,000 | 88193 | ||||
| TOTAL AGY Agency Fund Group | $ | 50,000 | $ | 50,000 | 88194 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 43,480,024 | $ | 47,608,476 | 88195 | ||||||
| AUDIT COSTS | 88196 |
| All centralized audit costs associated with either Single | 88197 |
| Audit Schedules or financial statements prepared in conformance | 88198 |
| with generally accepted accounting principles for the state shall | 88199 |
| be paid from the foregoing appropriation item 042603, State | 88200 |
| Accounting and Budgeting. | 88201 |
| INTERNAL CONTROL AND AUDIT OVERSIGHT | 88202 |
| Effective July 1, 2009, the Director of Budget and Management | 88203 |
| shall include the recovery of costs to operate the Internal | 88204 |
| Control and Audit Oversight Program in the accounting and | 88205 |
| budgeting services payroll rate and through a direct charge using | 88206 |
| intrastate transfer vouchers to agencies reviewed by the program. | 88207 |
| The Director of Budget and Management, with advice from the | 88208 |
| Internal Audit Advisory Council, shall determine the cost recovery | 88209 |
| methodology. Such cost recovery revenues shall be deposited to the | 88210 |
| credit of the Accounting and Budgeting Fund (Fund 1050). | 88211 |
| FORGERY RECOVERY | 88212 |
| The foregoing appropriation item 042604, Forgery Recovery, | 88213 |
| shall be used to reissue warrants that have been certified as | 88214 |
| forgeries by the rightful recipient as determined by the Bureau of | 88215 |
| Criminal Identification and Investigation and the Treasurer of | 88216 |
| State. Upon receipt of funds to cover the reissuance of the | 88217 |
| warrant, the Director of Budget and Management shall reissue a | 88218 |
| state warrant of the same amount. | 88219 |
| Section 231.10. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD | 88220 |
| General Revenue Fund | 88221 |
| GRF | 874100 | Personal Services | $ | 1,873,368 | $ | 1,873,368 | 88222 | ||||
| GRF | 874320 | Maintenance and Equipment | $ | 752,591 | $ | 752,590 | 88223 | ||||
| TOTAL GRF General Revenue Fund | $ | 2,625,959 | $ | 2,625,958 | 88224 | ||||||
| General Services Fund Group | 88225 |
| 4G50 | 874603 | Capitol Square Education Center and Arts | $ | 15,000 | $ | 15,000 | 88226 | ||||
| 4S70 | 874602 | Statehouse Gift Shop/Events | $ | 686,708 | $ | 686,708 | 88227 | ||||
| TOTAL GSF General Services | 88228 | ||||||||||
| Fund Group | $ | 701,708 | $ | 701,708 | 88229 | ||||||
| Underground Parking Garage | 88230 |
| 2080 | 874601 | Underground Parking Garage Operations | $ | 2,923,224 | $ | 2,979,615 | 88231 | ||||
| TOTAL UPG Underground Parking | 88232 | ||||||||||
| Garage | $ | 2,923,224 | $ | 2,979,615 | 88233 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 6,250,891 | $ | 6,307,281 | 88234 | ||||||
| WAREHOUSE PAYMENTS | 88235 |
| Of the foregoing appropriation item 874601, Underground | 88236 |
| Parking Garage Operations, $48,000 in each fiscal year shall be | 88237 |
| used to meet all payments at the times they are required to be | 88238 |
| made during the period from July 1, 2009, to June 30, 2011, to | 88239 |
| the Ohio Building Authority for bond service charges relating | 88240 |
| to the purchase and improvement of a warehouse acquired | 88241 |
| pursuant to section 105.41 of the Revised Code, in which to store | 88242 |
| items of the Capitol Collection Trust and, whenever necessary, | 88243 |
| equipment or other property of the Board. | 88244 |
| Notwithstanding division (G) of section 105.41 of the Revised | 88245 |
| Code and any other provision to the contrary, moneys in the | 88246 |
| Underground Parking Garage Fund (Fund 2080) may be used for | 88247 |
| personnel and operating costs related to the operations of the | 88248 |
| Statehouse and the Statehouse Underground Parking Garage. | 88249 |
| Section 233.10. SCR STATE BOARD OF CAREER COLLEGES AND | 88250 |
| SCHOOLS | 88251 |
| General Services Fund Group | 88252 |
| 4K90 | 233601 | Operating Expenses | $ | 490,008 | $ | 490,008 | 88253 | ||||
| TOTAL GSF General Services Fund Group | $ | 490,008 | $ | 490,008 | 88254 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 490,008 | $ | 490,008 | 88255 | ||||||
| Section 235.10. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD | 88257 |
| General Services Fund Group | 88258 |
| 4K90 | 930609 | Operating Expenses | $ | 478,799 | $ | 478,799 | 88259 | ||||
| TOTAL GSF General Services Fund Group | $ | 478,799 | $ | 478,799 | 88260 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 478,799 | $ | 478,799 | 88261 | ||||||
| Section 237.10. CHR STATE CHIROPRACTIC BOARD | 88263 |
| General Services Fund Group | 88264 |
| 4K90 | 878609 | Operating Expenses | $ | 541,455 | $ | 541,455 | 88265 | ||||
| TOTAL GSF General Services Fund Group | $ | 541,455 | $ | 541,455 | 88266 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 541,455 | $ | 541,455 | 88267 | ||||||
| Section 239.10. CIV OHIO CIVIL RIGHTS COMMISSION | 88269 |
| General Revenue Fund | 88270 |
| GRF | 876321 | Operating Expenses | $ | 5,441,317 | $ | 5,441,317 | 88271 | ||||
| TOTAL GRF General Revenue Fund | $ | 5,441,317 | $ | 5,441,317 | 88272 | ||||||
| General Services Fund Group | 88273 |
| 2170 | 876604 | Operations Support | $ | 8,000 | $ | 8,000 | 88274 | ||||
| TOTAL GSF General Services | 88275 | ||||||||||
| Fund Group | $ | 8,000 | $ | 8,000 | 88276 | ||||||
| Federal Special Revenue Fund Group | 88277 |
| 3340 | 876601 | Federal Programs | $ | 3,876,500 | $ | 3,281,500 | 88278 | ||||
| TOTAL FED Federal Special Revenue | 88279 | ||||||||||
| Fund Group | $ | 3,876,500 | $ | 3,281,500 | 88280 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 9,325,817 | $ | 8,730,817 | 88281 |
| Section 241.10. COM DEPARTMENT OF COMMERCE | 88283 |
| General Revenue Fund | 88284 |
| GRF | 800410 | Labor and Worker Safety | $ | 2,025,776 | $ | 2,025,776 | 88285 | ||||
| Total GRF General Revenue Fund | $ | 2,025,776 | $ | 2,025,776 | 88286 | ||||||
| General Services Fund Group | 88287 |
| 1630 | 800620 | Division of Administration | $ | 4,478,037 | $ | 4,478,037 | 88288 | ||||
| 1630 | 800637 | Information Technology | $ | 6,219,734 | $ | 6,137,122 | 88289 | ||||
| 5430 | 800602 | Unclaimed Funds-Operating | $ | 8,695,254 | $ | 8,695,254 | 88290 | ||||
| 5430 | 800625 | Unclaimed Funds-Claims | $ | 75,000,000 | $ | 75,000,000 | 88291 | ||||
| 5F10 | 800635 | Small Government Fire Departments | $ | 300,000 | $ | 300,000 | 88292 | ||||
| TOTAL GSF General Services Fund | 88293 | ||||||||||
| Group | $ | 94,693,025 | $ | 94,610,413 | 88294 | ||||||
| Federal Special Revenue Fund Group | 88295 |
| 3480 | 800622 | Underground Storage Tanks | $ | 586,128 | $ | 585,782 | 88296 | ||||
| 3480 | 800624 | Leaking Underground Storage Tanks | $ | 1,477,606 | $ | 1,489,717 | 88297 | ||||
| TOTAL FED Federal Special Revenue | 88298 | ||||||||||
| Fund Group | $ | 2,063,734 | $ | 2,075,499 | 88299 | ||||||
| State Special Revenue Fund Group | 88300 |
| 4B20 | 800631 | Real Estate Appraisal Recovery | $ | 35,000 | $ | 35,000 | 88301 | ||||
| 4H90 | 800608 | Cemeteries | $ | 273,465 | $ | 273,465 | 88302 | ||||
| 4X20 | 800619 | Financial Institutions | $ | 2,233,031 | $ | 2,221,395 | 88303 | ||||
| 5440 | 800612 | Banks | $ | 6,703,253 | $ | 6,753,254 | 88304 | ||||
| 5450 | 800613 | Savings Institutions | $ | 2,286,615 | $ | 2,307,019 | 88305 | ||||
| 5460 | 800610 | Fire Marshal | $ | 14,082,429 | $ | 14,082,429 | 88306 | ||||
| 5460 | 800639 | Fire Department Grants | $ | 1,695,198 | $ | 1,698,802 | 88307 | ||||
| 5470 | 800603 | Real Estate Education/Research | $ | 250,000 | $ | 250,000 | 88308 | ||||
| 5480 | 800611 | Real Estate Recovery | $ | 50,000 | $ | 50,000 | 88309 | ||||
| 5490 | 800614 | Real Estate | $ | 3,456,405 | $ | 3,451,694 | 88310 | ||||
| 5500 | 800617 | Securities | $ | 4,761,545 | $ | 4,411,545 | 88311 | ||||
| 5520 | 800604 | Credit Union | $ | 3,627,390 | $ | 3,627,390 | 88312 | ||||
| 5530 | 800607 | Consumer Finance | $ | 5,367,260 | $ | 5,148,702 | 88313 | ||||
| 5560 | 800615 | Industrial Compliance | $ | 25,753,662 | $ | 25,753,662 | 88314 | ||||
| 5K70 | 800621 | Penalty Enforcement | $ | 75,000 | $ | 75,000 | 88315 | ||||
| 5X60 | 800623 | Video Service | $ | 34,476 | $ | 34,476 | 88316 | ||||
| 6530 | 800629 | UST Registration/Permit Fee | $ | 1,433,189 | $ | 1,431,831 | 88317 | ||||
| 6A40 | 800630 | Real Estate Appraiser-Operating | $ | 664,006 | $ | 664,006 | 88318 | ||||
| TOTAL SSR State Special Revenue | 88319 | ||||||||||
| Fund Group | $ | 72,781,924 | $ | 72,269,670 | 88320 | ||||||
| Liquor Control Fund Group | 88321 |
| 7043 | 800601 | Merchandising | $ | 472,492,696 | $ | 488,434,277 | 88322 | ||||
| 7043 | 800627 | Liquor Control Operating | $ | 13,776,430 | $ | 14,313,346 | 88323 | ||||
| 7043 | 800633 | Development Assistance Debt Service | $ | 40,565,100 | $ | 52,412,800 | 88324 | ||||
| 7043 | 800636 | Revitalization Debt Service | $ | 15,632,800 | $ | 20,359,000 | 88325 | ||||
| TOTAL LCF Liquor Control | 88326 | ||||||||||
| Fund Group | $ | 542,467,026 | $ | 575,519,423 | 88327 | ||||||
| Volunteer Firefighters' Dependents Fund Group | 88328 |
| 7085 | 800985 | Volunteer Firefighters' Dependents Fund | $ | 300,000 | $ | 300,000 | 88329 | ||||
| TOTAL 085 Volunteer Firefighters' Dependents Fund Group | $ | 300,000 | $ | 300,000 | 88330 | ||||||
| Revenue Distribution Fund Group | 88331 |
| 7066 | 800966 | Undivided Liquor Permits | $ | 14,100,000 | $ | 14,100,000 | 88332 | ||||
| TOTAL RDF Revenue Distribution Fund Group | $ | 14,100,000 | $ | 14,100,000 | 88333 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 728,431,485 | $ | 760,900,781 | 88334 | ||||||
| SMALL GOVERNMENT FIRE DEPARTMENTS | 88335 |
| Notwithstanding section 3737.17 of the Revised Code, the | 88336 |
| foregoing appropriation item 800635, Small Government Fire | 88337 |
| Departments, may be used to provide loans to private fire | 88338 |
| departments. | 88339 |
| UNCLAIMED FUNDS PAYMENTS | 88340 |
| The foregoing appropriation item 800625, Unclaimed | 88341 |
| Funds-Claims, shall be used to pay claims under section 169.08 of | 88342 |
| the Revised Code. If it is determined that additional amounts are | 88343 |
| necessary, the amounts are appropriated. | 88344 |
| UNCLAIMED FUNDS TRANSFERS | 88345 |
| Notwithstanding division (A) of section 169.05 of the Revised | 88346 |
| Code, on or after December 1, 2009, the Director of Budget and | 88347 |
| Management shall request the Director of Commerce to transfer to | 88348 |
| the General Revenue Fund up to $250,000,000 of unclaimed funds | 88349 |
| that have been reported by holders of unclaimed funds under | 88350 |
| section 169.05 of the Revised Code, irrespective of the allocation | 88351 |
| of the unclaimed funds under that section. After such request has | 88352 |
| been made, the Director of Commerce shall transfer the funds prior | 88353 |
| to June 30, 2010. | 88354 |
| Notwithstanding division (A) of section 169.05 of the Revised | 88355 |
| Code, on or after December 1, 2010, the Director of Budget and | 88356 |
| Management shall request the Director of Commerce to transfer to | 88357 |
| the General Revenue Fund up to $135,000,000 of unclaimed funds | 88358 |
| that have been reported by holders of unclaimed funds under | 88359 |
| section 169.05 of the Revised Code, irrespective of the allocation | 88360 |
| of the unclaimed funds under that section. After such request has | 88361 |
| been made, the Director of Commerce shall transfer the funds prior | 88362 |
| to June 30, 2011. | 88363 |
| TRANSFERS FROM FINANCIAL INSTITUTION FUNDS PROHIBITED | 88364 |
| Neither the Director of Budget and Management nor the | 88365 |
| Controlling Board shall transfer moneys in the Financial | 88366 |
| Institutions Fund (Fund 4X20), the Banks Fund (Fund 5440), the | 88367 |
| Savings Institution Fund (Fund 5450), or the Credit Unions Fund | 88368 |
| (Fund 5520) to any other fund. Interest earned on the moneys in | 88369 |
| Fund 4X20, Fund 5440, Fund 5450, and Fund 5520 shall be credited | 88370 |
| to each respective fund. | 88371 |
| FIRE DEPARTMENT GRANTS | 88372 |
| Of the foregoing appropriation item 800639, Fire Department | 88373 |
| Grants, up to $1,647,140 in each fiscal year shall be used to make | 88374 |
| annual grants to volunteer fire departments, fire departments that | 88375 |
| serve one or more small municipalities or small townships, joint | 88376 |
| fire districts comprised of fire departments that primarily serve | 88377 |
| small municipalities or small townships, local units of government | 88378 |
| responsible for such fire departments, and local units of | 88379 |
| government responsible for the provision of fire protection | 88380 |
| services for small municipalities or small townships. | 88381 |
| The grants shall be used by recipients to purchase | 88382 |
| firefighting or rescue equipment or gear or similar items, to | 88383 |
| provide full or partial reimbursement for the documented costs of | 88384 |
| firefighter training, or, at the discretion of the State Fire | 88385 |
| Marshal, to cover fire department costs for providing fire | 88386 |
| protection services in that grant recipient's jurisdiction. | 88387 |
| Grant awards for firefighting or rescue equipment or gear or | 88388 |
| for fire department costs of providing fire protection services | 88389 |
| shall be up to $15,000 per fiscal year, or up to $25,000 per | 88390 |
| fiscal year if an eligible entity serves a jurisdiction in which | 88391 |
| the Governor declared a natural disaster during the preceding or | 88392 |
| current fiscal year in which the grant was awarded. In addition to | 88393 |
| any grant funds awarded for rescue equipment or gear, or for fire | 88394 |
| department costs associated with the provision of fire protection | 88395 |
| services, an eligible entity may receive a grant for up to $15,000 | 88396 |
| per fiscal year for full or partial reimbursement of the | 88397 |
| documented costs of firefighter training. For each fiscal year, | 88398 |
| the State Fire Marshal shall determine the total amounts to be | 88399 |
| allocated for each eligible purpose. | 88400 |
| The grant program shall be administered by the State Fire | 88401 |
| Marshal in accordance with rules the State Fire Marshal adopts as | 88402 |
| part of the state fire code adopted pursuant to section 3737.82 of | 88403 |
| the Revised Code that are necessary for the administration and | 88404 |
| operation of the grant program. The rules may further define the | 88405 |
| entities eligible to receive grants and establish criteria for the | 88406 |
| awarding and expenditure of grant funds, including methods the | 88407 |
| State Fire Marshal may use to verify the proper use of grant funds | 88408 |
| or to obtain reimbursement for or the return of equipment for | 88409 |
| improperly used grant funds. Any amounts in appropriation item | 88410 |
| 800639, Fire Department Grants, in excess of the amount allocated | 88411 |
| for these grants may be used for the administration of the grant | 88412 |
| program. | 88413 |
| DIVISION OF SECURITIES TECHNOLOGY UPGRADES | 88414 |
| Of the foregoing appropriation item 800617, Securities, such | 88415 |
| sums as are necessary may be used over the biennium to support | 88416 |
| the development and implementation of information technology | 88417 |
| solutions designed to enable the Division of Securities to better | 88418 |
| protect the interests of investors, the public, and the securities | 88419 |
| industry. Implementation of these solutions shall, among other | 88420 |
| things, enhance the Division's ability to monitor complaints | 88421 |
| about and actions against persons engaged in any practice | 88422 |
| prohibited by Chapter 1707. of the Revised Code or defined as | 88423 |
| fraudulent in that chapter or any other deceptive scheme or | 88424 |
| practice in connection with the sale of securities. The Director | 88425 |
| of Commerce may seek assistance from the Department of | 88426 |
| Administrative Services in relation to the development and | 88427 |
| implementation of the solutions. | 88428 |
| CASH TRANSFERS TO THE REAL ESTATE OPERATING FUND | 88429 |
| The Director of Budget and Management, upon request of the | 88430 |
| Director of Commerce, shall transfer $1,300,000 in cash over the | 88431 |
| FY 2010-FY 2011 biennium from the Real Estate Education and | 88432 |
| Research Fund (Fund 5470) to the Real Estate Operating Fund (Fund | 88433 |
| 5490). | 88434 |
| The Director of Budget and Management, upon request of the | 88435 |
| Director of Commerce, shall transfer $600,000 in cash over the FY | 88436 |
| 2010-FY 2011 biennium from the Real Estate Recovery Fund (Fund | 88437 |
| 5480) to the Real Estate Operating Fund (Fund 5490). | 88438 |
| INCREASED APPROPRIATION - MERCHANDISING | 88439 |
| The foregoing appropriation item 800601, Merchandising, | 88440 |
| shall be used under section 4301.12 of the Revised Code. If it is | 88441 |
| determined that additional expenditures are necessary, the amounts | 88442 |
| are appropriated. | 88443 |
| DEVELOPMENT ASSISTANCE DEBT SERVICE | 88444 |
| The foregoing appropriation item 800633, Development | 88445 |
| Assistance Debt Service, shall be used to pay debt service and | 88446 |
| related financing costs at the times they are required to be made | 88447 |
| during the period from July 1, 2009, to June 30, 2011, for bond | 88448 |
| service charges on obligations issued under Chapter 166. of the | 88449 |
| Revised Code. If it is determined that additional appropriations | 88450 |
| are necessary for this purpose, such amounts are appropriated, | 88451 |
| subject to the limitations set forth in section 166.11 of the | 88452 |
| Revised Code. An appropriation for this purpose is not required, | 88453 |
| but is made in this form and in this act for record purposes | 88454 |
| only. | 88455 |
| REVITALIZATION DEBT SERVICE | 88456 |
| The foregoing appropriation item 800636, Revitalization Debt | 88457 |
| Service, shall be used to pay debt service and related financing | 88458 |
| costs under sections 151.01 and 151.40 of the Revised Code during | 88459 |
| the period from July 1, 2009, to June 30, 2011. If it is | 88460 |
| determined that additional appropriations are necessary for this | 88461 |
| purpose, such amounts are hereby appropriated. The General | 88462 |
| Assembly acknowledges the priority of the pledge of a portion of | 88463 |
| receipts from that source to obligations issued and to be issued | 88464 |
| under Chapter 166. of the Revised Code. | 88465 |
| ADMINISTRATIVE ASSESSMENTS | 88466 |
| Notwithstanding any other provision of law to the contrary, | 88467 |
| the Division of Administration Fund (Fund 1630) is entitled to | 88468 |
| receive assessments from all operating funds of the Department in | 88469 |
| accordance with procedures prescribed by the Director of Commerce | 88470 |
| and approved by the Director of Budget and Management. | 88471 |
| Section 243.10. OCC OFFICE OF CONSUMERS' COUNSEL | 88472 |
| General Services Fund Group | 88473 |
| 5F50 | 053601 | Operating Expenses | $ | 8,498,000 | $ | 8,498,000 | 88474 | ||||
| TOTAL GSF General Services Fund Group | $ | 8,498,000 | $ | 8,498,000 | 88475 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 8,498,000 | $ | 8,498,000 | 88476 | ||||||
| Section 245.10. CEB CONTROLLING BOARD | 88478 |
| General Revenue Fund | 88479 |
| GRF | 911401 | Emergency Purposes/Contingencies | $ | 500,000 | $ | 500,000 | 88480 | ||||
| GRF | 911404 | Mandate Assistance | $ | 545,417 | $ | 545,417 | 88481 | ||||
| GRF | 911441 | Ballot Advertising Costs | $ | 487,600 | $ | 487,600 | 88482 | ||||
| TOTAL GRF General Revenue Fund | $ | 1,533,017 | $ | 1,533,017 | 88483 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,533,017 | $ | 1,533,017 | 88484 | ||||||
| DISASTER SERVICES FUND TRANSFERS TO THE EMERGENCY | 88485 |
| PURPOSES/CONTINGENCIES APPROPRIATION LINE ITEM | 88486 |
| The Controlling Board may, at the request of any state | 88487 |
| agency or the Director of Budget and Management, transfer all or | 88488 |
| part of the appropriation in appropriation item 911401, Emergency | 88489 |
| Purposes/Contingencies, for the purpose of providing disaster and | 88490 |
| emergency situation aid to state agencies and political | 88491 |
| subdivisions in the event of disasters and emergency situations | 88492 |
| or for the other purposes noted in this section, including, but | 88493 |
| not limited to, costs related to the disturbance that occurred on | 88494 |
| April 11, 1993, at the Southern Ohio Correctional Facility in | 88495 |
| Lucasville, Ohio. | 88496 |
| FEDERAL SHARE | 88497 |
| In transferring appropriations to or from appropriation items | 88498 |
| that have federal shares identified in this act, the Controlling | 88499 |
| Board shall add or subtract corresponding amounts of federal | 88500 |
| matching funds at the percentages indicated by the state and | 88501 |
| federal division of the appropriations in this act. Such changes | 88502 |
| are hereby appropriated. | 88503 |
| DISASTER ASSISTANCE | 88504 |
| Pursuant to requests submitted by the Department of Public | 88505 |
| Safety, the Controlling Board may approve transfers from | 88506 |
| appropriation item 911401, Emergency Purposes/Contingencies, to | 88507 |
| appropriation items used by the Department of Public Safety to | 88508 |
| provide funding for assistance to political subdivisions and | 88509 |
| individuals made necessary by natural disasters or emergencies. | 88510 |
| Such transfers may be requested and approved prior to or | 88511 |
| following the occurrence of any specific natural disasters or | 88512 |
| emergencies in order to facilitate the provision of timely | 88513 |
| assistance. | 88514 |
| DISASTER SERVICES | 88515 |
| Pursuant to requests submitted by the Department of Public | 88516 |
| Safety, the Controlling Board may approve transfers from the | 88517 |
| Disaster Services Fund (5E20) to a fund and appropriation item | 88518 |
| used by the Department of Public Safety to provide for assistance | 88519 |
| to political subdivisions made necessary by natural disasters or | 88520 |
| emergencies. These transfers may be requested and approved prior | 88521 |
| to the occurrence of any specific natural disasters or | 88522 |
| emergencies in order to facilitate the provision of timely | 88523 |
| assistance. The Emergency Management Agency of the Department of | 88524 |
| Public Safety shall use the funding to fund the State Disaster | 88525 |
| Relief Program for disasters that have been declared by the | 88526 |
| Governor, and the State Individual Assistance Program for | 88527 |
| disasters that have been declared by the Governor and the federal | 88528 |
| Small Business Administration. The Ohio Emergency Management | 88529 |
| Agency shall publish and make available application packets | 88530 |
| outlining procedures for the State Disaster Relief Program and | 88531 |
| the State Individual Assistance Program. | 88532 |
| Fund 5E20 shall be used by the Controlling Board, pursuant | 88533 |
| to requests submitted by state agencies, to transfer cash and | 88534 |
| appropriations to any fund and appropriation item for the payment | 88535 |
| of state agency disaster relief program expenses for disasters | 88536 |
| declared by the Governor, if the Director of Budget and | 88537 |
| Management determines that sufficient funds exist. | 88538 |
| SOUTHERN OHIO CORRECTIONAL FACILITY COST | 88539 |
| The Division of Criminal Justice Services in the Department | 88540 |
| of Public Safety and the Public Defender Commission may each | 88541 |
| request, upon approval of the Director of Budget and Management, | 88542 |
| additional funds from appropriation item 911401, Emergency | 88543 |
| Purposes/Contingencies, for costs related to the disturbance that | 88544 |
| occurred on April 11, 1993, at the Southern Ohio Correctional | 88545 |
| Facility in Lucasville, Ohio. | 88546 |
| MANDATE ASSISTANCE | 88547 |
| (A) The foregoing appropriation item 911404, Mandate | 88548 |
| Assistance, shall be used to provide financial assistance to local | 88549 |
| units of government and school districts for the cost of the | 88550 |
| following two state mandates: | 88551 |
| (1) The cost to county prosecutors for prosecuting certain | 88552 |
| felonies that occur on the grounds of state institutions operated | 88553 |
| by the Department of Rehabilitation and Correction and the | 88554 |
| Department of Youth Services; | 88555 |
| (2) The cost to school districts of in-service training for | 88556 |
| child abuse detection. | 88557 |
| (B) The Division of Criminal Justice Services in the | 88558 |
| Department of Public Safety and the Department of Education may | 88559 |
| prepare and submit to the Controlling Board one or more requests | 88560 |
| to transfer appropriations from appropriation item 911404, | 88561 |
| Mandate Assistance. The state agencies charged with this | 88562 |
| administrative responsibility are listed below, as well as the | 88563 |
| estimated annual amounts that may be used for each program of | 88564 |
| state financial assistance. | 88565 |
| ESTIMATED | 88566 | |||||
| ADMINISTERING | ANNUAL | 88567 | ||||
| PROGRAM | AGENCY | AMOUNT | 88568 |
| Prosecution Costs | Division of Criminal | $125,446 | 88569 | |||
| Justice Services | 88570 | |||||
| Child Abuse Detection Training Costs | Department of Education | $419,971 | 88571 |
| (C) Subject to the total amount appropriated in each fiscal | 88572 |
| year for appropriation item 911404, Mandate Assistance, the | 88573 |
| Division of Criminal Justice Services and the Department of | 88574 |
| Education may request from the Controlling Board that amounts | 88575 |
| smaller or larger than these estimated annual amounts be | 88576 |
| transferred to each program. | 88577 |
| (D) In addition to making the initial transfers requested by | 88578 |
| the Division of Criminal Justice Services and the Department of | 88579 |
| Education, the Controlling Board may transfer appropriations | 88580 |
| received by a state agency under this section back to | 88581 |
| appropriation item 911404, Mandate Assistance, or to the other | 88582 |
| program of state financial assistance identified under this | 88583 |
| section. | 88584 |
| (E) It is expected that not all costs incurred by local units | 88585 |
| of government and school districts under each of the two programs | 88586 |
| of state financial assistance identified in this section will be | 88587 |
| fully reimbursed by the state. Reimbursement levels may vary by | 88588 |
| program and shall be based on: the relationship between the | 88589 |
| appropriation transfers requested by the Division of Criminal | 88590 |
| Justice Services and the Department of Education and provided by | 88591 |
| the Controlling Board for each of the programs; the rules and | 88592 |
| procedures established for each program by the administering state | 88593 |
| agency; and the actual costs incurred by local units of | 88594 |
| government and school districts. | 88595 |
| (F) Each of these programs of state financial assistance | 88596 |
| shall be carried out as follows: | 88597 |
| (1) PROSECUTION COSTS | 88598 |
| (a) Appropriations may be transferred to the Division of | 88599 |
| Criminal Justice Services to cover local prosecution costs for | 88600 |
| aggravated murder, murder, felonies of the first degree, and | 88601 |
| felonies of the second degree that occur on the grounds of | 88602 |
| institutions operated by the Department of Rehabilitation and | 88603 |
| Correction and the Department of Youth Services. | 88604 |
| (b) Upon a delinquency filing in juvenile court or the return | 88605 |
| of an indictment for aggravated murder, murder, or any felony of | 88606 |
| the first or second degree that was committed at a Department of | 88607 |
| Youth Services or a Department of Rehabilitation and Correction | 88608 |
| institution, the affected county may, in accordance with rules | 88609 |
| that the Division of Criminal Justice Services shall adopt, apply | 88610 |
| to the Division of Criminal Justice Services for a grant to cover | 88611 |
| all documented costs that are incurred by the county prosecutor's | 88612 |
| office. | 88613 |
| (c) Twice each year, the Division of Criminal Justice | 88614 |
| Services shall designate counties to receive grants from those | 88615 |
| counties that have submitted one or more applications in | 88616 |
| compliance with the rules that have been adopted by the Division | 88617 |
| of Criminal Justice Services for the receipt of such grants. In | 88618 |
| each year's first round of grant awards, if sufficient | 88619 |
| appropriations have been made, up to a total of $100,000 may be | 88620 |
| awarded. In each year's second round of grant awards, the | 88621 |
| remaining appropriations available for this purpose may be | 88622 |
| awarded. | 88623 |
| (d) If for a given round of grants there are insufficient | 88624 |
| appropriations to make grant awards to all the eligible counties, | 88625 |
| the first priority shall be given to counties with cases involving | 88626 |
| aggravated murder and murder; second priority shall be given to | 88627 |
| counties with cases involving a felony of the first degree; and | 88628 |
| third priority shall be given to counties with cases involving a | 88629 |
| felony of the second degree. Within these priorities, the grant | 88630 |
| awards shall be based on the order in which the applications were | 88631 |
| received, except that applications for cases involving a felony of | 88632 |
| the first or second degree shall not be considered in more than | 88633 |
| two consecutive rounds of grant awards. | 88634 |
| (2) CHILD ABUSE DETECTION TRAINING COSTS | 88635 |
| Appropriations may be transferred to the Department of | 88636 |
| Education for payment to local school districts as full or partial | 88637 |
| reimbursement for the cost of providing in-service training for | 88638 |
| child abuse detection. In accordance with rules that the | 88639 |
| Department shall adopt, a local school district may apply to the | 88640 |
| Department for a grant to cover all documented costs that are | 88641 |
| incurred to provide in-service training for child abuse detection. | 88642 |
| The department shall make grants within the limits of the funding | 88643 |
| provided. | 88644 |
| (G) Any moneys allocated within appropriation item 911404, | 88645 |
| Mandate Assistance, not fully utilized may, upon application of | 88646 |
| the Ohio Public Defender Commission, and with the approval of the | 88647 |
| Controlling Board, be paid to boards of county commissioners to | 88648 |
| provide additional reimbursement for the costs incurred by | 88649 |
| counties in providing defense to indigent defendants pursuant to | 88650 |
| Chapter 120. of the Revised Code. Application for the unutilized | 88651 |
| funds shall be made by the Ohio Public Defender Commission at the | 88652 |
| first June meeting of the Controlling Board. | 88653 |
| The amount to be paid to each county shall be allocated | 88654 |
| proportionately on the basis of the total amount of reimbursement | 88655 |
| paid to each county as a percentage of the amount of reimbursement | 88656 |
| paid to all of the counties during the most recent state fiscal | 88657 |
| year for which data is available and as calculated by the Ohio | 88658 |
| Public Defender Commission. | 88659 |
| BALLOT ADVERTISING COSTS | 88660 |
| Pursuant to section 3501.17 of the Revised Code, and upon | 88661 |
| requests submitted by the Secretary of State, the Controlling | 88662 |
| Board shall approve transfers from the foregoing appropriation | 88663 |
| item 911441, Ballot Advertising Costs, to appropriation item | 88664 |
| 050621, Statewide Ballot Advertising, in order to pay for the | 88665 |
| cost of public notices associated with statewide ballot | 88666 |
| initiatives. | 88667 |
| CAPITAL APPROPRIATION INCREASE FOR FEDERAL STIMULUS | 88668 |
| ELIGIBILITY | 88669 |
| A state agency director shall request that the Controlling | 88670 |
| Board increase the amount of the agency's capital appropriations | 88671 |
| if the director determines such an increase is necessary for the | 88672 |
| agency to receive and use funds under the federal American | 88673 |
| Recovery and Reinvestment Act of 2009. The Controlling Board may | 88674 |
| increase the capital appropriations pursuant to the request if the | 88675 |
| Board determines it is necessary for the agency to receive and use | 88676 |
| those federal funds. | 88677 |
| Section 247.10. COS STATE BOARD OF COSMETOLOGY | 88678 |
| General Services Fund Group | 88679 |
| 4K90 | 879609 | Operating Expenses | $ | 3,533,679 | $ | 3,533,679 | 88680 | ||||
| TOTAL GSF General Services Fund | 88681 | ||||||||||
| Group | $ | 3,533,679 | $ | 3,533,679 | 88682 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 3,533,679 | $ | 3,533,679 | 88683 | ||||||
| Section 249.10. CSW COUNSELOR, SOCIAL WORKER, AND MARRIAGE | 88685 |
| AND FAMILY THERAPIST BOARD | 88686 |
| General Services Fund Group | 88687 |
| 4K90 | 899609 | Operating Expenses | $ | 1,117,171 | $ | 1,117,171 | 88688 | ||||
| TOTAL GSF General Services Fund | 88689 | ||||||||||
| Group | $ | 1,117,171 | $ | 1,117,171 | 88690 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,117,171 | $ | 1,117,171 | 88691 | ||||||
| Section 251.10. CLA COURT OF CLAIMS | 88693 |
| General Revenue Fund | 88694 |
| GRF | 015321 | Operating Expenses | $ | 2,699,369 | $ | 2,780,350 | 88695 | ||||
| TOTAL GRF General Revenue Fund | $ | 2,699,369 | $ | 2,780,350 | 88696 | ||||||
| State Special Revenue Fund Group | 88697 |
| 5K20 | 015603 | CLA Victims of Crime | $ | 1,582,684 | $ | 1,582,684 | 88698 | ||||
| TOTAL SSR State Special Revenue | 88699 | ||||||||||
| Fund Group | $ | 1,582,684 | $ | 1,582,684 | 88700 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 4,282,053 | $ | 4,363,034 | 88701 | ||||||
| Section 253.10. AFC OHIO CULTURAL FACILITIES COMMISSION | 88703 |
| General Revenue Fund | 88704 |
| GRF | 371321 | Operating Expenses | $ | 140,909 | $ | 140,909 | 88705 | ||||
| GRF | 371401 | Lease Rental Payments | $ | 26,454,900 | $ | 28,301,600 | 88706 | ||||
| TOTAL GRF General Revenue Fund | $ | 26,595,809 | $ | 28,442,509 | 88707 | ||||||
| State Special Revenue Fund Group | 88708 |
| 4T80 | 371601 | Riffe Theatre Equipment Maintenance | $ | 81,000 | $ | 81,000 | 88709 | ||||
| 4T80 | 371603 | Project Administration Services | $ | 1,302,866 | $ | 1,302,866 | 88710 | ||||
| TOTAL SSR State Special Revenue Group | $ | 1,383,866 | $ | 1,383,866 | 88711 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 27,979,675 | $ | 29,826,375 | 88712 | ||||||
| LEASE RENTAL PAYMENTS | 88713 |
| The foregoing appropriation item 371401, Lease Rental | 88714 |
| Payments, shall be used to meet all payments from the Ohio | 88715 |
| Cultural Facilities Commission to the Treasurer of State during | 88716 |
| the period from July 1, 2009, to June 30, 2011, under the primary | 88717 |
| leases and agreements for those arts and sports facilities made | 88718 |
| under Chapters 152. and 154. of the Revised Code. This | 88719 |
| appropriation is the source of funds pledged for bond service | 88720 |
| charges on related obligations issued under Chapters 152. and | 88721 |
| 154. of the Revised Code. | 88722 |
| OPERATING EXPENSES | 88723 |
| The foregoing appropriation item 371321, Operating Expenses, | 88724 |
| shall be used by the Ohio Cultural Facilities Commission to carry | 88725 |
| out its responsibilities under this section and Chapter 3383. of | 88726 |
| the Revised Code. | 88727 |
| By the tenth day following each calendar quarter in each | 88728 |
| fiscal year, or as soon as possible thereafter, the Director of | 88729 |
| Budget and Management shall determine the amount of cash from | 88730 |
| interest earnings to be transferred from the Cultural and Sports | 88731 |
| Facilities Building Fund (Fund 7030) to the Cultural Facilities | 88732 |
| Commission Administration Fund (Fund 4T80). | 88733 |
| As soon as possible after each bond issuance made on behalf | 88734 |
| of the Cultural Facilities Commission, the Director of Budget and | 88735 |
| Management shall determine the amount of cash from any premium | 88736 |
| paid on each issuance that is available to be transferred after | 88737 |
| all issuance costs have been paid from the Cultural and Sports | 88738 |
| Facilities Building Fund (Fund 7030) to the Cultural Facilities | 88739 |
| Commission Administration Fund (Fund 4T80). | 88740 |
| CAPITAL DONATIONS FUND CERTIFICATIONS AND APPROPRIATIONS | 88741 |
| The Executive Director of the Cultural Facilities Commission | 88742 |
| shall certify to the Director of Budget and Management the amount | 88743 |
| of cash receipts and related investment income, irrevocable | 88744 |
| letters of credit from a bank, or certification of the | 88745 |
| availability of funds that have been received from a county or a | 88746 |
| municipal corporation for deposit into the Capital Donations Fund | 88747 |
| (Fund 5A10) and that are related to an anticipated project. These | 88748 |
| amounts are hereby appropriated to appropriation item C37146, | 88749 |
| Capital Donations. Prior to certifying these amounts to the | 88750 |
| Director, the Executive Director shall make a written agreement | 88751 |
| with the participating entity on the necessary cash flows required | 88752 |
| for the anticipated construction or equipment acquisition project. | 88753 |
| Section 255.10. DEN STATE DENTAL BOARD | 88754 |
| General Services Fund Group | 88755 |
| 4K90 | 880609 | Operating Expenses | $ | 1,409,944 | $ | 1,409,944 | 88756 | ||||
| TOTAL GSF General Services Fund | 88757 | ||||||||||
| Group | $ | 1,409,944 | $ | 1,409,944 | 88758 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,409,944 | $ | 1,409,944 | 88759 | ||||||
| Section 257.10. BDP BOARD OF DEPOSIT | 88761 |
| General Services Fund Group | 88762 |
| 4M20 | 974601 | Board of Deposit | $ | 927,892 | $ | 927,892 | 88763 | ||||
| TOTAL GSF General Services Fund | 88764 | ||||||||||
| Group | $ | 927,892 | $ | 927,892 | 88765 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 927,892 | $ | 927,892 | 88766 | ||||||
| BOARD OF DEPOSIT EXPENSE FUND | 88767 |
| Upon receiving certification of expenses from the Treasurer | 88768 |
| of State, the Director of Budget and Management shall transfer | 88769 |
| cash from the Investment Earnings Redistribution Fund (Fund 6080) | 88770 |
| to the Board of Deposit Expense Fund (Fund 4M20). The latter fund | 88771 |
| shall be used pursuant to section 135.02 of the Revised Code to | 88772 |
| pay for any and all necessary expenses of the Board of Deposit or | 88773 |
| for banking charges and fees required for the operation of the | 88774 |
| State of Ohio Regular Account. | 88775 |
| Section 259.10. DEV DEPARTMENT OF DEVELOPMENT | 88776 |
| General Revenue Fund | 88777 |
| GRF | 195401 | Thomas Edison Program | $ | 7,500,000 | $ | 7,500,000 | 88778 | ||||
| GRF | 195404 | Small Business Development | $ | 1,565,770 | $ | 1,565,770 | 88779 | ||||
| GRF | 195405 | Minority Business Enterprise Division | $ | 1,238,528 | $ | 1,238,528 | 88780 | ||||
| GRF | 195407 | Travel and Tourism | $ | 1,399,410 | $ | 1,399,410 | 88781 | ||||
| GRF | 195415 | Strategic Business Investment Division and Regional Offices | $ | 4,671,426 | $ | 4,671,426 | 88782 | ||||
| GRF | 195416 | Governor's Office of Appalachia | $ | 4,253,845 | $ | 4,253,845 | 88783 | ||||
| GRF | 195426 | Clean Ohio Implementation | $ | 168,365 | $ | 168,365 | 88784 | ||||
| GRF | 195432 | Global Markets | $ | 3,758,915 | $ | 3,758,915 | 88785 | ||||
| GRF | 195434 | Industrial Training Grants | $ | 10,741,912 | $ | 10,741,912 | 88786 | ||||
| GRF | 195497 | CDBG Operating Match | $ | 1,056,075 | $ | 1,056,075 | 88787 | ||||
| GRF | 195498 | State Match Energy | $ | 96,820 | $ | 96,820 | 88788 | ||||
| GRF | 195501 | Appalachian Local Development Districts | $ | 391,482 | $ | 391,482 | 88789 | ||||
| GRF | 195502 | Appalachian Regional Commission Dues | $ | 221,924 | $ | 221,924 | 88790 | ||||
| GRF | 195521 | Discover Ohio! | $ | 3,000,000 | $ | 3,000,000 | 88791 | ||||
| GRF | 195522 | Targeted Industry Training Grants | $ | 3,800,000 | $ | 3,800,000 | 88792 | ||||
| GRF | 195905 | Third Frontier Research & Development General Obligation Debt Service | $ | 20,948,300 | $ | 29,011,600 | 88793 | ||||
| GRF | 195912 | Job Ready Site Development General Obligation Debt Service | $ | 5,685,400 | $ | 10,601,900 | 88794 | ||||
| TOTAL GRF General Revenue Fund | $ | 70,498,172 | $ | 83,477,972 | 88795 | ||||||
| General Services Fund Group | 88796 |
| 1350 | 195684 | Supportive Services | $ | 10,299,575 | $ | 10,299,575 | 88797 | ||||
| 4W10 | 195646 | Minority Business Enterprise Loan | $ | 1,500,000 | $ | 1,500,000 | 88798 | ||||
| 5AD0 | 195677 | Economic Development Contingency | $ | 4,000,000 | $ | 4,000,000 | 88799 | ||||
| 5DU0 | 195689 | Energy Projects | $ | 840,000 | $ | 840,000 | 88800 | ||||
| 5W50 | 195690 | Travel and Tourism Cooperative Projects | $ | 20,643 | $ | 20,643 | 88801 | ||||
| 6850 | 195636 | Direct Cost Recovery Expenditures | $ | 416,742 | $ | 416,742 | 88802 | ||||
| TOTAL GSF General Services Fund | 88803 | ||||||||||
| Group | $ | 17,076,959 | $ | 17,076,959 | 88804 | ||||||
| Federal Special Revenue Fund Group | 88805 |
| 3080 | 195602 | Appalachian Regional Commission | $ | 475,000 | $ | 475,000 | 88806 | ||||
| 3080 | 195603 | Housing and Urban Development | $ | 6,000,000 | $ | 6,000,000 | 88807 | ||||
| 3080 | 195605 | Federal Projects | $ | 27,000,000 | $ | 27,000,000 | 88808 | ||||
| 3080 | 195609 | Small Business Administration | $ | 5,011,381 | $ | 5,011,381 | 88809 | ||||
| 3080 | 195618 | Energy Federal Grants | $ | 3,400,000 | $ | 3,400,000 | 88810 | ||||
| 3350 | 195610 | Energy Conservation and Emerging Technology | $ | 1,800,000 | $ | 1,100,000 | 88811 | ||||
| 3AE0 | 195643 | Workforce Development Initiatives | $ | 17,000,000 | $ | 16,500,000 | 88812 | ||||
| 3K80 | 195613 | Community Development Block Grant | $ | 65,000,000 | $ | 65,000,000 | 88813 | ||||
| 3K90 | 195611 | Home Energy Assistance Block Grant | $ | 115,743,608 | $ | 115,743,608 | 88814 | ||||
| 3K90 | 195614 | HEAP Weatherization | $ | 22,000,000 | $ | 22,000,000 | 88815 | ||||
| 3L00 | 195612 | Community Services Block Grant | $ | 25,235,000 | $ | 25,235,000 | 88816 | ||||
| 3V10 | 195601 | HOME Program | $ | 40,000,000 | $ | 40,000,000 | 88817 | ||||
| TOTAL FED Federal Special Revenue | 88818 | ||||||||||
| Fund Group | $ | 328,664,989 | $ | 327,464,989 | 88819 | ||||||
| State Special Revenue Fund Group | 88820 |
| 4440 | 195607 | Water and Sewer Commission Loans | $ | 29,628 | $ | 29,628 | 88821 | ||||
| 4500 | 195624 | Minority Business Bonding Program Administration | $ | 53,967 | $ | 53,967 | 88822 | ||||
| 4510 | 195625 | Economic Development Financing Operating | $ | 1,924,557 | $ | 1,924,557 | 88823 | ||||
| 4F20 | 195639 | State Special Projects | $ | 100,000 | $ | 100,000 | 88824 | ||||
| 4F20 | 195676 | Marketing Initiatives | $ | 4,356,424 | $ | 4,356,424 | 88825 | ||||
| 4F20 | 195699 | Utility Provided Funds | $ | 500,000 | $ | 500,000 | 88826 | ||||
| 4S00 | 195630 | Tax Incentive Programs | $ | 367,020 | $ | 367,020 | 88827 | ||||
| 5CG0 | 195679 | Alternative Fuel Transportation | $ | 567,216 | $ | 567,216 | 88828 | ||||
| 5M40 | 195659 | Low Income Energy Assistance | $ | 245,000,000 | $ | 245,000,000 | 88829 | ||||
| 5M50 | 195660 | Advanced Energy Programs | $ | 8,268,581 | $ | 8,268,581 | 88830 | ||||
| 5W60 | 195691 | International Trade Cooperative Projects | $ | 25,000 | $ | 0 | 88831 | ||||
| 5X10 | 195651 | Exempt Facility Inspection | $ | 8,000 | $ | 0 | 88832 | ||||
| 6110 | 195631 | Water and Sewer Administration | $ | 10,000 | $ | 10,000 | 88833 | ||||
| 6170 | 195654 | Volume Cap Administration | $ | 113,941 | $ | 113,941 | 88834 | ||||
| 6460 | 195638 | Low- and Moderate- Income Housing Trust Fund | $ | 40,000,000 | $ | 40,000,000 | 88835 | ||||
| TOTAL SSR State Special Revenue | 88836 | ||||||||||
| Fund Group | $ | 301,324,334 | $ | 301,291,334 | 88837 | ||||||
| Facilities Establishment Fund Group | 88838 |
| 4Z60 | 195647 | Rural Industrial Park Loan | $ | 2,000,000 | $ | 2,000,000 | 88839 | ||||
| 5D20 | 195650 | Urban Redevelopment Loans | $ | 3,000,000 | $ | 3,000,000 | 88840 | ||||
| 5S80 | 195627 | Rural Development Initiative | $ | 1,750,000 | $ | 1,750,000 | 88841 | ||||
| 5S90 | 195628 | Capital Access Loan Program | $ | 2,000,000 | $ | 2,000,000 | 88842 | ||||
| 7008 | 195698 | Logistics & Distribution Infrastructure | $ | 50,000,000 | $ | 0 | 88843 | ||||
| 7009 | 195664 | Innovation Ohio | $ | 15,000,000 | $ | 15,000,000 | 88844 | ||||
| 7010 | 195665 | Research and Development | $ | 12,000,000 | $ | 12,000,000 | 88845 | ||||
| 7037 | 195615 | Facilities Establishment | $ | 65,000,000 | $ | 65,000,000 | 88846 | ||||
| TOTAL 037 Facilities | 88847 | ||||||||||
| Establishment Fund Group | $ | 150,750,000 | $ | 100,750,000 | 88848 | ||||||
| Clean Ohio Revitalization Fund | 88849 |
| 7003 | 195663 | Clean Ohio Operating | $ | 964,200 | $ | 953,300 | 88850 | ||||
| TOTAL 7003 Clean Ohio Revitalization Fund | $ | 964,200 | $ | 953,300 | 88851 | ||||||
| Third Frontier Research & Development Fund Group | 88852 |
| 7011 | 195687 | Third Frontier Research & Development Projects | $ | 55,000,000 | $ | 55,000,000 | 88853 | ||||
| 7014 | 195692 | Research & Development Taxable Bond Projects | $ | 6,000,000 | $ | 6,000,000 | 88854 | ||||
| TOTAL 011 Third Frontier Research & Development Fund Group | $ | 61,000,000 | $ | 61,000,000 | 88855 | ||||||
| Job Ready Site Development Fund Group | 88856 |
| 7012 | 195688 | Job Ready Site Operating | $ | 1,000,000 | $ | 1,000,000 | 88857 | ||||
| TOTAL 012 Job Ready Site Development Fund Group | $ | 1,000,000 | $ | 1,000,000 | 88858 | ||||||
| Tobacco Master Settlement Agreement Fund Group | 88859 |
| M087 | 195435 | Biomedical Research and Technology Transfer | $ | 1,257,363 | $ | 1,259,563 | 88860 | ||||
| TOTAL TSF Tobacco Master Settlement Agreement Fund Group | $ | 1,257,363 | $ | 1,259,563 | 88861 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 932,536,017 | $ | 894,274,117 | 88862 | ||||||
| Section 259.10.10. THOMAS EDISON PROGRAM | 88864 |
| The foregoing appropriation item 195401, Thomas Edison | 88865 |
| Program, shall be used for the purposes of sections 122.28 to | 88866 |
| 122.38 of the Revised Code. Of the foregoing appropriation item | 88867 |
| 195401, Thomas Edison Program, not more than ten per cent in each | 88868 |
| fiscal year shall be used for operating expenditures in | 88869 |
| administering the programs of the Technology and Innovation | 88870 |
| Division. | 88871 |
| Section 259.10.20. SMALL BUSINESS DEVELOPMENT | 88872 |
| The foregoing appropriation item 195404, Small Business | 88873 |
| Development, shall be used as matching funds for grants from the | 88874 |
| United States Small Business Administration and other federal | 88875 |
| agencies, pursuant to Pub. L. No. 96-302 (1980) as amended by Pub. | 88876 |
| L. No. 98-395 (1984), and regulations and policy guidelines for | 88877 |
| the programs pursuant thereto. This appropriation item also may be | 88878 |
| used to provide grants to local organizations to support the | 88879 |
| operation of small business development centers and other local | 88880 |
| economic development activities that promote small business | 88881 |
| development and entrepreneurship. | 88882 |
| Section 259.10.40. STRATEGIC BUSINESS INVESTMENT DIVISION AND | 88883 |
| REGIONAL OFFICES | 88884 |
| The foregoing appropriation item 195415, Strategic Business | 88885 |
| Investment Division and Regional Offices, shall be used for the | 88886 |
| operating expenses of the Strategic Business Investment Division | 88887 |
| and the regional economic development offices and for grants for | 88888 |
| cooperative economic development ventures. | 88889 |
| Section 259.10.50. GOVERNOR'S OFFICE OF APPALACHIA | 88890 |
| The foregoing appropriation item 195416, Governor's Office of | 88891 |
| Appalachia, may be used for the administrative costs of planning | 88892 |
| and liaison activities for the Governor's Office of Appalachia, | 88893 |
| to provide financial assistance to projects in Ohio's | 88894 |
| Appalachian counties, and to match federal funds from the | 88895 |
| Appalachian Regional Commission. | 88896 |
| Section 259.10.70. CLEAN OHIO IMPLEMENTATION | 88897 |
| The foregoing appropriation item 195426, Clean Ohio | 88898 |
| Implementation, shall be used to fund the costs of administering | 88899 |
| the Clean Ohio Revitalization program and other urban | 88900 |
| revitalization programs that may be implemented by the Department | 88901 |
| of Development. | 88902 |
| Section 259.10.80. GLOBAL MARKETS | 88903 |
| The foregoing appropriation item 195432, Global Markets, | 88904 |
| shall be used to administer Ohio's foreign trade and investment | 88905 |
| programs, including operation and maintenance of Ohio's | 88906 |
| out-of-state trade and investment offices. This appropriation | 88907 |
| item also shall be used to fund the Global Markets Division and to | 88908 |
| assist Ohio manufacturers, agricultural producers, and service | 88909 |
| providers in exporting to foreign countries and to assist in the | 88910 |
| attraction of foreign direct investment. | 88911 |
| Section 259.10.90. OHIO WORKFORCE GUARANTEE PROGRAM | 88912 |
| The foregoing appropriation item 195434, Industrial Training | 88913 |
| Grants, may be used for the Ohio Workforce Guarantee Program to | 88914 |
| promote training through grants to businesses and, in the case of | 88915 |
| a business consortium, training and education providers for the | 88916 |
| reimbursement of eligible training expenses. | 88917 |
| Section 259.20.10. OHIO FILM OFFICE | 88918 |
| The Ohio Film Office shall promote media productions in the | 88919 |
| state and help the industry optimize its production experience in | 88920 |
| the state by enhancing local economies through increased | 88921 |
| employment and tax revenues and ensuring an accurate portrayal of | 88922 |
| Ohio. The Office shall serve as an informational clearinghouse and | 88923 |
| provide technical assistance to the media production industry and | 88924 |
| business entities engaged in media production in the state. The | 88925 |
| Office shall promote Ohio as the ideal site for media production | 88926 |
| and help those in the industry benefit from their experience in | 88927 |
| the state. | 88928 |
| The primary objective of the Office shall be to encourage | 88929 |
| development of a strong capital base for electronic media | 88930 |
| production in order to achieve an independent, self-supporting | 88931 |
| industry in Ohio. Other objectives shall include: | 88932 |
| (A) Attracting private investment for the electronic media | 88933 |
| production industry; | 88934 |
| (B) Developing a tax infrastructure that encourages private | 88935 |
| investment; and | 88936 |
| (C) Encouraging increased employment opportunities within | 88937 |
| this sector and increased competition with other states. | 88938 |
| Section 259.20.20. DISCOVER OHIO! | 88939 |
| The foregoing appropriation item 195521, Discover Ohio!, | 88940 |
| shall be used by the Ohio Tourism Division in the Department of | 88941 |
| Development for marketing and promoting Ohio as a tourism | 88942 |
| destination and for costs associated with operating such | 88943 |
| programs. | 88944 |
| Section 259.20.30. THIRD FRONTIER RESEARCH & DEVELOPMENT | 88945 |
| GENERAL OBLIGATION DEBT SERVICE | 88946 |
| The foregoing appropriation item 195905, Third Frontier | 88947 |
| Research & Development General Obligation Debt Service, shall be | 88948 |
| used to pay all debt service and related financing costs during | 88949 |
| the period from July 1, 2009, to June 30, 2011, on obligations | 88950 |
| issued for research and development purposes under sections 151.01 | 88951 |
| and 151.10 of the Revised Code. | 88952 |
| JOB READY SITE DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE | 88953 |
| The foregoing appropriation item 195912, Job Ready Site | 88954 |
| Development General Obligation Debt Service, shall be used to pay | 88955 |
| all debt service and related financing costs during the period | 88956 |
| from July 1, 2009, to June 30, 2011, on obligations issued for job | 88957 |
| ready site development purposes under sections 151.01 and 151.11 | 88958 |
| of the Revised Code. | 88959 |
| Section 259.20.40. SUPPORTIVE SERVICES | 88960 |
| The Director of Development may assess divisions of the | 88961 |
| department for the cost of central service operations. An | 88962 |
| assessment shall contain the characteristics of administrative | 88963 |
| ease and uniform application. A division's payments shall be | 88964 |
| credited to the Supportive Services Fund (Fund 1350) using an | 88965 |
| intrastate transfer voucher. | 88966 |
| ECONOMIC DEVELOPMENT CONTINGENCY | 88967 |
| The foregoing appropriation item 195677, Economic | 88968 |
| Development Contingency, may be used to award funds directly to | 88969 |
| either (1) business entities considering Ohio for expansion or new | 88970 |
| site location opportunities or (2) political subdivisions to | 88971 |
| assist with necessary costs involved in attracting a business | 88972 |
| entity. In addition, the Director of Development may award funds | 88973 |
| for alternative purposes when appropriate to satisfy an economic | 88974 |
| development opportunity or need deemed extraordinary in nature by | 88975 |
| the Director. | 88976 |
| DIRECT COST RECOVERY EXPENDITURES | 88977 |
| The foregoing appropriation item 195636, Direct Cost | 88978 |
| Recovery Expenditures, shall be used for reimbursable costs. | 88979 |
| Revenues to the General Reimbursement Fund (Fund 6850) shall | 88980 |
| consist of moneys charged for administrative costs that are not | 88981 |
| central service costs. | 88982 |
| Section 259.20.50. HEAP WEATHERIZATION | 88983 |
| Up to fifteen per cent of the federal funds deposited to the | 88984 |
| credit of the Home Energy Assistance Block Grant Fund (Fund 3K90) | 88985 |
| may be expended from appropriation item 195614, HEAP | 88986 |
| Weatherization, to provide home weatherization services in the | 88987 |
| state as determined by the Director of Development. Any transfers | 88988 |
| or increases in appropriation for the foregoing appropriation | 88989 |
| items 195614, HEAP Weatherization, or 195611, Home Energy | 88990 |
| Assistance Block Grant, shall be subject to approval by the | 88991 |
| Controlling Board. | 88992 |
| STATE SPECIAL PROJECTS | 88993 |
| The State Special Projects Fund (Fund 4F20), may be used for | 88994 |
| the deposit of private-sector funds from utility companies and | 88995 |
| for the deposit of other miscellaneous state funds. State moneys | 88996 |
| so deposited shall be used to match federal housing grants for the | 88997 |
| homeless and to market economic development opportunities in the | 88998 |
| state. Private-sector moneys shall be deposited for use in | 88999 |
| appropriation item 195699, Utility Provided Funds, and shall be | 89000 |
| used to (1) pay the expenses of verifying the income-eligibility | 89001 |
| of HEAP applicants, (2) leverage additional federal funds, (3) | 89002 |
| fund special projects to assist homeless individuals, (4) fund | 89003 |
| special projects to assist with the energy efficiency of | 89004 |
| households eligible to participate in the Percentage of Income | 89005 |
| Payment Plan, and (5) assist with training programs for agencies | 89006 |
| that administer low-income customer assistance programs. | 89007 |
| Section 259.20.60. TAX INCENTIVE PROGRAMS OPERATING | 89008 |
| The foregoing appropriation item 195630, Tax Incentive | 89009 |
| Programs, shall be used for the operating costs of the Office of | 89010 |
| Grants and Tax Incentives. | 89011 |
| Section 259.20.70. MINORITY BUSINESS ENTERPRISE LOAN | 89012 |
| All repayments from the Minority Development Financing | 89013 |
| Advisory Board Loan Program and the Ohio Mini-Loan Guarantee | 89014 |
| Program shall be deposited in the State Treasury to the credit of | 89015 |
| the Minority Business Enterprise Loan Fund (Fund 4W10). All | 89016 |
| operating costs of administering the Minority Business Enterprise | 89017 |
| Loan Fund shall be paid from the Minority Business Enterprise Loan | 89018 |
| Fund (Fund 4W10). | 89019 |
| MINORITY BUSINESS BONDING FUND | 89020 |
| Notwithstanding Chapters 122., 169., and 175. of the Revised | 89021 |
| Code, the Director of Development may, upon the recommendation of | 89022 |
| the Minority Development Financing Advisory Board, pledge up to | 89023 |
| $10,000,000 in the fiscal year 2010-fiscal year 2011 biennium of | 89024 |
| unclaimed funds administered by the Director of Commerce and | 89025 |
| allocated to the Minority Business Bonding Program under section | 89026 |
| 169.05 of the Revised Code. The transfer of any cash by the | 89027 |
| Director of Budget and Management from the Department of | 89028 |
| Commerce's Unclaimed Funds Fund (Fund 5430) to the Department of | 89029 |
| Development's Minority Business Bonding Fund (Fund 4490) shall | 89030 |
| occur, if requested by the Director of Development, only if such | 89031 |
| funds are needed for payment of losses arising from the Minority | 89032 |
| Business Bonding Program, and only after proceeds of the initial | 89033 |
| transfer of $2,700,000 by the Controlling Board to the Minority | 89034 |
| Business Bonding Program has been used for that purpose. Moneys | 89035 |
| transferred by the Director of Budget and Management from the | 89036 |
| Department of Commerce for this purpose may be moneys in custodial | 89037 |
| funds held by the Treasurer of State. If expenditures are required | 89038 |
| for payment of losses arising from the Minority Business Bonding | 89039 |
| Program, such expenditures shall be made from appropriation item | 89040 |
| 195623, Minority Business Bonding Contingency in the Minority | 89041 |
| Business Bonding Fund, and such amounts are hereby appropriated. | 89042 |
| Section 259.20.80. ALTERNATIVE FUEL TRANSPORTATION | 89043 |
| Of the foregoing appropriation item 195679, Alternative Fuel | 89044 |
| Transportation, not more than ten per cent shall be used by the | 89045 |
| Director of Development for administrative costs associated with | 89046 |
| the program under section 122.075 of the Revised Code. | 89047 |
| ADVANCED ENERGY FUND | 89048 |
| The foregoing appropriation item 195660, Advanced Energy | 89049 |
| Programs, shall be used to provide financial assistance to | 89050 |
| customers for eligible advanced energy projects for residential, | 89051 |
| commercial, and industrial business, local government, educational | 89052 |
| institution, nonprofit, and agriculture customers, and to pay for | 89053 |
| the program's administrative costs as provided in sections 4928.61 | 89054 |
| to 4928.63 of the Revised Code and rules adopted by the Director | 89055 |
| of Development. | 89056 |
| GLOBAL ANALYST SETTLEMENT AGREEMENTS PAYMENTS | 89057 |
| All payments received by the state pursuant to a series of | 89058 |
| settlements with ten brokerage firms reached with the United | 89059 |
| States Securities and Exchange Commission, the National | 89060 |
| Association of Securities Dealers, the New York Stock Exchange, | 89061 |
| the New York Attorney General, and other state regulators | 89062 |
| (henceforth referred to as the "Global Analysts Settlement | 89063 |
| Agreements"), shall be deposited into the state treasury to the | 89064 |
| credit of the Economic Development Contingency Fund (Fund 5Y60). | 89065 |
| The fund shall be used by the Director of Development to support | 89066 |
| economic development projects. Moneys shall be awarded to either | 89067 |
| (1) business entities considering Ohio for expansion or new site | 89068 |
| location opportunities or (2) political subdivisions to assist | 89069 |
| with necessary costs involved in attracting a business entity. In | 89070 |
| addition, the Director of Development may award funds for | 89071 |
| alternative purposes when appropriate to satisfy an economic | 89072 |
| development opportunity or need deemed extraordinary by the | 89073 |
| Director. Grant funds may be expended only after the submission of | 89074 |
| a request to the Controlling Board by the Department outlining the | 89075 |
| planned use of the funds and the subsequent approval of the | 89076 |
| Controlling Board. | 89077 |
| VOLUME CAP ADMINISTRATION | 89078 |
| The foregoing appropriation item 195654, Volume Cap | 89079 |
| Administration, shall be used for expenses related to the | 89080 |
| administration of the Volume Cap Program. Revenues received by the | 89081 |
| Volume Cap Administration Fund (Fund 6170) shall consist of | 89082 |
| application fees, forfeited deposits, and interest earned from the | 89083 |
| custodial account held by the Treasurer of State. | 89084 |
| INNOVATION OHIO LOAN FUND | 89085 |
| The foregoing appropriation item 195664, Innovation Ohio, | 89086 |
| shall be used to provide for innovation Ohio purposes, including | 89087 |
| loan guarantees and loans under Chapter 166. and particularly | 89088 |
| sections 166.12 to 166.16 of the Revised Code. | 89089 |
| RESEARCH AND DEVELOPMENT | 89090 |
| The foregoing appropriation item 195665, Research and | 89091 |
| Development, shall be used to provide for research and development | 89092 |
| purposes, including loans, under Chapter 166. and particularly | 89093 |
| sections 166.17 to 166.21 of the Revised Code. | 89094 |
| Section 259.20.90. LOGISTICS AND DISTRIBUTION INFRASTRUCTURE | 89095 |
| The foregoing appropriation item 195698, Logistics and | 89096 |
| Distribution Infrastructure, shall be used for eligible logistics | 89097 |
| and distribution infrastructure projects as defined in section | 89098 |
| 166.01 of the Revised Code. Any unexpended and unencumbered | 89099 |
| portion of the appropriation item at the end of fiscal year 2009 | 89100 |
| is hereby reappropriated for the same purpose in fiscal year 2010, | 89101 |
| and any unexpended and unencumbered portion of the appropriation | 89102 |
| item at the end of fiscal year 2010 is hereby reappropriated for | 89103 |
| the same purpose in fiscal year 2011. | 89104 |
| FACILITIES ESTABLISHMENT FUND | 89105 |
| The foregoing appropriation item 195615, Facilities | 89106 |
| Establishment (Fund 7037), shall be used for the purposes of the | 89107 |
| Facilities Establishment Fund under Chapter 166. of the Revised | 89108 |
| Code. | 89109 |
| Notwithstanding Chapter 166. of the Revised Code, an amount | 89110 |
| not to exceed $2,000,000 in cash each fiscal year may be | 89111 |
| transferred from the Facilities Establishment Fund (Fund 7037) to | 89112 |
| the Economic Development Financing Operating Fund (Fund 4510). The | 89113 |
| transfer is subject to Controlling Board approval under division | 89114 |
| (B) of section 166.03 of the Revised Code. | 89115 |
| Notwithstanding Chapter 166. of the Revised Code, an amount | 89116 |
| not to exceed $5,000,000 in cash each fiscal year may be | 89117 |
| transferred during the biennium from the Facilities Establishment | 89118 |
| Fund (Fund 7037) to the Urban Redevelopment Loans Fund (Fund 5D20) | 89119 |
| for the purpose of removing barriers to urban core redevelopment. | 89120 |
| The Director of Development shall develop program guidelines for | 89121 |
| the transfer and release of funds, including, but not limited to, | 89122 |
| the completion of all appropriate environmental assessments before | 89123 |
| state assistance is committed to a project. The transfers shall be | 89124 |
| subject to approval by the Controlling Board upon the submission | 89125 |
| of a request by the Department of Development. | 89126 |
| Notwithstanding Chapter 166. of the Revised Code, an amount | 89127 |
| not to exceed $3,000,000 in cash each fiscal year may be | 89128 |
| transferred from the Facilities Establishment Fund (Fund 7037) to | 89129 |
| the Rural Industrial Park Loan Fund (Fund 4Z60). The transfer is | 89130 |
| subject to Controlling Board approval under section 166.03 of the | 89131 |
| Revised Code. | 89132 |
| Notwithstanding Chapter 166. of the Revised Code, on the | 89133 |
| first day of July of each year of the biennium, or as soon as | 89134 |
| possible thereafter, the Director of Budget and Management, at the | 89135 |
| request of the Director of Development, shall transfer $4,275,000 | 89136 |
| cash from the Facilities Establishment Fund (Fund 7037) to the Job | 89137 |
| Development Initiatives Fund (Fund 5AD0). The amount transferred | 89138 |
| is hereby appropriated in each fiscal year in appropriation item | 89139 |
| 195677, Economic Development Contingency. | 89140 |
| Notwithstanding Chapter 166. of the Revised Code, of the | 89141 |
| foregoing appropriation item 195615, Facilities Establishment, | 89142 |
| $20,000,000 in each fiscal year shall be used for Rapid Outreach | 89143 |
| Grants; $3,500,000 in each fiscal year shall be used for | 89144 |
| Technology Action grants; $7,500,000 in each fiscal year shall be | 89145 |
| used for Thomas Edison Program grants; and up to $8,000,000 in | 89146 |
| each fiscal year shall be used for soil and water conservation | 89147 |
| districts. | 89148 |
| RAPID OUTREACH GRANTS | 89149 |
| Rapid Outreach Grants shall be used as an incentive for | 89150 |
| attracting, expanding, and retaining business opportunities for | 89151 |
| the state. Projects offering substantial opportunities for new, | 89152 |
| expanding, or retained business operations in Ohio, are eligible | 89153 |
| for grant funding. The projects must create or retain a | 89154 |
| significant number of jobs for Ohioans. An award of grant funds | 89155 |
| is reserved for only those instances in which Ohio's ability to | 89156 |
| attract, retain, or assist with an expansion of a project depends | 89157 |
| on an award of Rapid Outreach Grant funds from appropriation | 89158 |
| item 195615, Facilities Establishment. | 89159 |
| The department's primary goal shall be to award funds | 89160 |
| directly to business entities considering Ohio for their | 89161 |
| expansion or new site location opportunities. Rapid Outreach | 89162 |
| grants shall be used by recipients to purchase equipment, make | 89163 |
| infrastructure improvements, make real property improvements, or | 89164 |
| fund other fixed assets. To meet the particular needs of economic | 89165 |
| development in a region, the department may elect to award funds | 89166 |
| directly to a political subdivision to assist with making on- or | 89167 |
| off-site infrastructure improvements to water and sewage | 89168 |
| treatment facilities, electric or gas service connections, fiber | 89169 |
| optic access, rail facilities, site preparation, and parking | 89170 |
| facilities. The Director of Development may recommend that the | 89171 |
| funds be used for alternative purposes when considered | 89172 |
| appropriate to satisfy an economic development opportunity or | 89173 |
| need deemed extraordinary in nature by the Director. | 89174 |
| Moneys designated for Rapid Outreach Grants in the foregoing | 89175 |
| appropriation item 195615, Facilities Establishment, may be | 89176 |
| expended only after the submission of a request to the | 89177 |
| Controlling Board by the Department of Development outlining the | 89178 |
| planned use of the funds, and the subsequent approval of the | 89179 |
| request by the Controlling Board. | 89180 |
| Moneys designated for Rapid Outreach Grants in the foregoing | 89181 |
| appropriation item 195615, Facilities Establishment, may be used | 89182 |
| for, but is not limited to, construction, rehabilitation, and | 89183 |
| acquisition projects for rail freight assistance as requested by | 89184 |
| the Department of Transportation. The Director of Transportation | 89185 |
| shall submit the proposed projects to the Director of Development | 89186 |
| for an evaluation of potential economic benefit. | 89187 |
| TECHNOLOGY ACTION | 89188 |
| Moneys designated for Technology Action in the foregoing | 89189 |
| appropriation item 195615, Facilities Establishment, shall be | 89190 |
| used for operating expenses the Department of Development incurs | 89191 |
| for administering sections 184.10 to 184.20 of the Revised Code. | 89192 |
| If the appropriation is insufficient to cover the operating | 89193 |
| expenses, the Department may request Controlling Board approval | 89194 |
| to appropriate the additional amount needed in appropriation item | 89195 |
| 195686, Third Frontier Operating. The Department shall not | 89196 |
| request an amount in excess of the amount needed. | 89197 |
| ALTERNATIVE FUEL TRANSPORTATION GRANT FUND | 89198 |
| Notwithstanding Chapter 166. of the Revised Code, an amount | 89199 |
| not to exceed $1,000,000 in cash in fiscal year 2010 and $500,000 | 89200 |
| in cash in fiscal year 2011 shall be transferred from moneys in | 89201 |
| the Facilities Establishment Fund (Fund 7037) to the Alternative | 89202 |
| Fuel Transportation Grant Fund (Fund 5CG0) in the Department of | 89203 |
| Development. | 89204 |
| RURAL DEVELOPMENT INITIATIVE FUND | 89205 |
| (A)(1) The Rural Development Initiative Fund (Fund 5S80) is | 89206 |
| entitled to receive moneys from the Facilities Establishment Fund | 89207 |
| (Fund 7037). The Director of Development may make grants from the | 89208 |
| Rural Development Initiative Fund as specified in division (A)(2) | 89209 |
| of this section to eligible applicants in Appalachian counties and | 89210 |
| in rural counties in the state that are designated as distressed | 89211 |
| under section 122.25 of the Revised Code. Preference shall be | 89212 |
| given to eligible applicants located in Appalachian counties | 89213 |
| designated as distressed by the federal Appalachian Regional | 89214 |
| Commission. | 89215 |
| (2) The Director of Development shall make grants from the | 89216 |
| Rural Development Initiative Fund (Fund 5S80) only to eligible | 89217 |
| applicants who also qualify for and receive funding under the | 89218 |
| Rural Industrial Park Loan Program as specified in sections 122.23 | 89219 |
| to 122.27 of the Revised Code. Eligible applicants shall use the | 89220 |
| grants for the purposes specified in section 122.24 of the Revised | 89221 |
| Code. All projects supported by grants from the fund are subject | 89222 |
| to Chapter 4115. of the Revised Code as specified in division (E) | 89223 |
| of section 166.02 of the Revised Code. The Director shall develop | 89224 |
| program guidelines for the transfer and release of funds. The | 89225 |
| release of grant moneys to an eligible applicant is subject to | 89226 |
| Controlling Board approval. | 89227 |
| (B) Notwithstanding Chapter 166. of the Revised Code, the | 89228 |
| Director of Budget and Management may transfer an amount not to | 89229 |
| exceed $3,000,000 in cash each fiscal year on an as-needed basis | 89230 |
| at the request of the Director of Development from the Facilities | 89231 |
| Establishment Fund (Fund 7037) to the Rural Development Initiative | 89232 |
| Fund (Fund 5S80). The transfer is subject to Controlling Board | 89233 |
| approval under section 166.03 of the Revised Code. | 89234 |
| CAPITAL ACCESS LOAN PROGRAM | 89235 |
| The foregoing appropriation item 195628, Capital Access Loan | 89236 |
| Program, shall be used for operating, program, and administrative | 89237 |
| expenses of the program. Funds of the Capital Access Loan Program | 89238 |
| shall be used to assist participating financial institutions in | 89239 |
| making program loans to eligible businesses that face barriers in | 89240 |
| accessing working capital and obtaining fixed-asset financing. | 89241 |
| Notwithstanding Chapter 166. of the Revised Code, the | 89242 |
| Director of Budget and Management may transfer an amount not to | 89243 |
| exceed $3,000,000 in cash each fiscal year on an as-needed basis | 89244 |
| at the request of the Director of Development from the Facilities | 89245 |
| Establishment Fund (Fund 7037) to the Capital Access Loan Program | 89246 |
| Fund (Fund 5S90). The transfer is subject to Controlling Board | 89247 |
| approval under section 166.03 of the Revised Code. | 89248 |
| Section 259.30.10. CLEAN OHIO OPERATING EXPENSES | 89249 |
| The foregoing appropriation item 195663, Clean Ohio | 89250 |
| Operating, shall be used by the Department of Development in | 89251 |
| administering sections 122.65 to 122.658 of the Revised Code. | 89252 |
| Section 259.30.20. THIRD FRONTIER RESEARCH AND DEVELOPMENT | 89253 |
| PROJECTS AND RESEARCH AND DEVELOPMENT TAXABLE BOND PROJECTS | 89254 |
| The foregoing appropriation items 195687, Third Frontier | 89255 |
| Research and Development Projects, and 195692, Research and | 89256 |
| Development Taxable Bond Projects, shall be used by the Department | 89257 |
| of Development to fund selected projects. Eligible costs are those | 89258 |
| costs of research and development projects to which the proceeds | 89259 |
| of the Third Frontier Research and Development Fund (Fund 7011) | 89260 |
| and the Research & Development Taxable Bond Project Fund (Fund | 89261 |
| 7014) are to be applied. | 89262 |
| TRANSFERS OF THIRD FRONTIER APPROPRIATIONS | 89263 |
| The Director of Budget and Management may approve written | 89264 |
| requests from the Director of Development for the transfer of | 89265 |
| appropriations between appropriation items 195687, Third Frontier | 89266 |
| Research and Development Projects, and 195692, Research and | 89267 |
| Development Taxable Bond Projects, based upon awards recommended | 89268 |
| by the Third Frontier Commission. The transfers are subject to | 89269 |
| approval by the Controlling Board. | 89270 |
| On or before June 30, 2010, any unexpended and unencumbered | 89271 |
| portions of the foregoing appropriation items 195687, Third | 89272 |
| Frontier Research & Development Projects, and 195692, Research & | 89273 |
| Development Taxable Bond Projects, for fiscal year 2010 are | 89274 |
| hereby reappropriated to the Department of Development for the | 89275 |
| same purposes for fiscal year 2011. | 89276 |
| AUTHORITY TO ISSUE AND SELL ORIGINAL OBLIGATIONS | 89277 |
| The Ohio Public Facilities Commission, upon request of the | 89278 |
| Department of Development, is hereby authorized to issue and sell, | 89279 |
| in accordance with Section 2p of Article VIII, Ohio Constitution, | 89280 |
| and particularly sections 151.01 and 151.10 of the Revised Code, | 89281 |
| original obligations of the State of Ohio in an aggregate amount | 89282 |
| not to exceed $100,000,000 in addition to the original issuance of | 89283 |
| obligations authorized by prior acts of the General Assembly. The | 89284 |
| authorized obligations shall be issued and sold from time to time | 89285 |
| and in amounts necessary to ensure sufficient moneys to the | 89286 |
| credit of the Third Frontier Research and Development Fund (Fund | 89287 |
| 7011) to pay costs of research and development projects. | 89288 |
| Section 259.30.30. JOB READY SITE OPERATING | 89289 |
| The foregoing appropriation item 195688, Job Ready Site | 89290 |
| Operating, shall be used for operating expenses incurred by the | 89291 |
| Department of Development in administering the Job Ready Sites | 89292 |
| Program authorized under sections 122.085 to 122.0820 of the | 89293 |
| Revised Code. Operating expenses include, but are not limited to, | 89294 |
| certain expenses of the District Public Works Integrating | 89295 |
| Committees, as applicable, engineering review of submitted | 89296 |
| applications by the State Architect or a third party engineering | 89297 |
| firm, audit and accountability activities, and costs associated | 89298 |
| with formal certifications verifying that site infrastructure is | 89299 |
| in place and is functional. | 89300 |
| Section 259.30.40. THIRD FRONTIER BIOMEDICAL RESEARCH AND | 89301 |
| COMMERCIALIZATION PROGRAM | 89302 |
| The General Assembly and the Governor recognize the role that | 89303 |
| the biomedical industry has in job creation, innovation, and | 89304 |
| economic development throughout Ohio. It is the intent of the | 89305 |
| General Assembly, the Governor, the Director of Development, and | 89306 |
| the Director of Budget and Management to work together in | 89307 |
| continuing to provide comprehensive state support for the | 89308 |
| biomedical industry as a whole through the Third Frontier | 89309 |
| Biomedical Research and Commercialization Program. | 89310 |
| Section 259.30.60. JOBS FUND CASH TRANSFER | 89311 |
| On June 30, 2011, or as soon as possible thereafter, the | 89312 |
| Director of Budget and Management shall transfer the unexpended | 89313 |
| and unencumbered cash balance in the Jobs Fund (Fund 5Z30) to the | 89314 |
| General Revenue Fund. Upon completion of the transfer, the Jobs | 89315 |
| Fund is abolished. | 89316 |
| Section 259.30.70. UNCLAIMED FUNDS TRANSFER | 89317 |
| (A) Notwithstanding division (A) of section 169.05 of the | 89318 |
| Revised Code, upon the request of the Director of Budget and | 89319 |
| Management, the Director of Commerce, before June 30, 2010, shall | 89320 |
| transfer to the Job Development Initiatives Fund (Fund 5AD0) an | 89321 |
| amount not to exceed $4,000,000 in cash of the unclaimed funds | 89322 |
| that have been reported by the holders of unclaimed funds under | 89323 |
| section 169.05 of the Revised Code, regardless of the allocation | 89324 |
| of the unclaimed funds described under that section. | 89325 |
| Notwithstanding division (A) of section 169.05 of the Revised | 89326 |
| Code, upon the request of the Director of Budget and Management, | 89327 |
| the Director of Commerce, before June 30, 2011, shall transfer to | 89328 |
| the Job Development Initiatives Fund (Fund 5AD0) an amount not to | 89329 |
| exceed $4,000,000 in cash of the unclaimed funds that have been | 89330 |
| reported by the holders of unclaimed funds under section 169.05 | 89331 |
| of the Revised Code, regardless of the allocation of the | 89332 |
| unclaimed funds described under that section. | 89333 |
| (B) Notwithstanding division (A) of section 169.05 of the | 89334 |
| Revised Code, upon the request of the Director of Budget and | 89335 |
| Management, the Director of Commerce, before June 30, 2010, shall | 89336 |
| transfer to the State Special Projects Fund (Fund 4F20) an amount | 89337 |
| not to exceed $6,100,000 of the unclaimed funds that have been | 89338 |
| reported by the holders of unclaimed funds under section 169.05 | 89339 |
| of the Revised Code, regardless of the allocation of the | 89340 |
| unclaimed funds described under that section. | 89341 |
| Notwithstanding division (A) of section 169.05 of the Revised | 89342 |
| Code, upon the request of the Director of Budget and Management, | 89343 |
| the Director of Commerce, prior to June 30, 2011, shall transfer | 89344 |
| to the State Special Projects Fund (Fund 4F20) an amount not to | 89345 |
| exceed $6,100,000 in cash of the unclaimed funds that have been | 89346 |
| reported by the holders of unclaimed funds under section 169.05 | 89347 |
| of the Revised Code, regardless of the allocation of the | 89348 |
| unclaimed funds described under that section. | 89349 |
| Section 259.30.90. WORKFORCE DEVELOPMENT | 89350 |
| The Director of Development and the Director of Job and | 89351 |
| Family Services may enter into one or more interagency agreements | 89352 |
| between the two departments and take other actions the directors | 89353 |
| consider appropriate to further integrate workforce development | 89354 |
| into a larger economic development strategy, to implement the | 89355 |
| recommendations of the Workforce Policy Board, and to complete | 89356 |
| activities related to the transition of the administration of | 89357 |
| employment programs identified by the board. Subject to the | 89358 |
| approval of the Director of Budget and Management, the Department | 89359 |
| of Development and the Department of Job and Family Services may | 89360 |
| expend moneys to support the recommendations of the Workforce | 89361 |
| Policy Board in the area of integration of employment functions as | 89362 |
| described in this paragraph and to complete implementation and | 89363 |
| transition activities from the appropriations to those | 89364 |
| departments. | 89365 |
| Section 261.10. OBD OHIO BOARD OF DIETETICS | 89366 |
| General Services Fund Group | 89367 |
| 4K90 | 860609 | Operating Expenses | $ | 311,067 | $ | 311,067 | 89368 | ||||
| TOTAL GSF General Services Fund | 89369 | ||||||||||
| Group | $ | 311,067 | $ | 311,067 | 89370 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 311,067 | $ | 311,067 | 89371 | ||||||
| Section 265.10. EDU DEPARTMENT OF EDUCATION | 89373 |
| General Revenue Fund | 89374 |
| GRF | 200100 | Personal Services | $ | 11,228,147 | $ | 11,228,147 | 89375 | ||||
| GRF | 200320 | Maintenance and Equipment | $ | 3,495,350 | $ | 3,495,350 | 89376 | ||||
| GRF | 200408 | Early Childhood Education | $ | 23,268,341 | $ | 23,268,341 | 89377 | ||||
| GRF | 200410 | Educator Training | $ | 7,810,500 | $ | 7,010,500 | 89378 | ||||
| GRF | 200416 | Career-Technical Education Match | $ | 2,233,195 | $ | 2,233,195 | 89379 | ||||
| GRF | 200420 | Computer/Application/ Network Development | $ | 4,930,871 | $ | 4,930,871 | 89380 | ||||
| GRF | 200421 | Alternative Education Programs | $ | 10,015,885 | $ | 10,015,885 | 89381 | ||||
| GRF | 200422 | School Management Assistance | $ | 4,660,572 | $ | 4,660,572 | 89382 | ||||
| GRF | 200424 | Policy Analysis | $ | 456,687 | $ | 456,687 | 89383 | ||||
| GRF | 200425 | Tech Prep Consortia Support | $ | 1,594,373 | $ | 1,594,373 | 89384 | ||||
| GRF | 200426 | Ohio Educational Computer Network | $ | 25,761,025 | $ | 25,761,025 | 89385 | ||||
| GRF | 200427 | Academic Standards | $ | 5,789,861 | $ | 5,789,861 | 89386 | ||||
| GRF | 200431 | School Improvement Initiatives | $ | 14,259,997 | $ | 14,259,997 | 89387 | ||||
| GRF | 200437 | Student Assessment | $ | 70,909,814 | $ | 70,909,814 | 89388 | ||||
| GRF | 200439 | Accountability/Report Cards | $ | 6,828,650 | $ | 6,828,650 | 89389 | ||||
| GRF | 200442 | Child Care Licensing | $ | 1,109,435 | $ | 1,109,435 | 89390 | ||||
| GRF | 200446 | Education Management Information System | $ | 15,188,924 | $ | 15,188,924 | 89391 | ||||
| GRF | 200447 | GED Testing | $ | 1,250,353 | $ | 1,250,353 | 89392 | ||||
| GRF | 200448 | Educator Preparation | $ | 2,030,000 | $ | 2,030,000 | 89393 | ||||
| GRF | 200455 | Community Schools | $ | 1,400,000 | $ | 1,400,000 | 89394 | ||||
| GRF | 200457 | STEM Initiatives | $ | 6,100,000 | $ | 6,100,000 | 89395 | ||||
| GRF | 200458 | School Employees Health Care Board | $ | 800,000 | $ | 800,000 | 89396 | ||||
| GRF | 200502 | Pupil Transportation | $ | 428,212,970 | $ | 428,212,970 | 89397 | ||||
| GRF | 200503 | Bus Purchase Allowance | $ | 5,425,000 | $ | 5,425,000 | 89398 | ||||
| GRF | 200505 | School Lunch Match | $ | 11,798,025 | $ | 11,798,025 | 89399 | ||||
| GRF | 200511 | Auxiliary Services | $ | 132,740,457 | $ | 132,740,457 | 89400 | ||||
| GRF | 200521 | Gifted Pupil Program | $ | 42,542,293 | $ | 42,542,293 | 89401 | ||||
| GRF | 200532 | Nonpublic Administrative Cost Reimbursement | $ | 59,810,517 | $ | 59,810,517 | 89402 | ||||
| GRF | 200540 | Special Education Enhancements | $ | 139,719,648 | $ | 142,292,936 | 89403 | ||||
| GRF | 200545 | Career-Technical Education Enhancements | $ | 7,752,662 | $ | 7,802,699 | 89404 | ||||
| GRF | 200550 | Foundation Funding | $ | 5,433,796,231 | $ | 5,408,899,276 | 89405 | ||||
| GRF | 200551 | Foundation Funding – Federal Stimulus | $ | 387,583,913 | $ | 457,449,362 | 89406 | ||||
| GRF | 200578 | Violence Prevention and School Safety | $ | 1,384,924 | $ | 1,384,924 | 89407 | ||||
| GRF | 200901 | Property Tax Allocation - Education | $ | 1,008,262,363 | $ | 1,020,655,157 | 89408 | ||||
| TOTAL GRF General Revenue Fund | $ | 7,880,150,983 | $ | 7,939,335,596 | 89409 | ||||||
| General Services Fund Group | 89410 |
| 1380 | 200606 | Computer Services-Operational Support | $ | 7,600,091 | $ | 7,600,091 | 89411 | ||||
| 4520 | 200638 | Miscellaneous Educational Services | $ | 275,000 | $ | 275,000 | 89412 | ||||
| 4L20 | 200681 | Teacher Certification and Licensure | $ | 8,013,206 | $ | 8,147,756 | 89413 | ||||
| 5960 | 200656 | Ohio Career Information System | $ | 529,761 | $ | 529,761 | 89414 | ||||
| 5H30 | 200687 | School District Solvency Assistance | $ | 18,000,000 | $ | 18,000,000 | 89415 | ||||
| TOTAL GSF General Services | 89416 | ||||||||||
| Fund Group | $ | 34,418,058 | $ | 34,552,608 | 89417 | ||||||
| Federal Special Revenue Fund Group | 89418 |
| 3090 | 200601 | Educationally Disadvantaged Programs | $ | 8,405,512 | $ | 8,405,512 | 89419 | ||||
| 3670 | 200607 | School Food Services | $ | 6,324,707 | $ | 6,577,695 | 89420 | ||||
| 3680 | 200614 | Veterans' Training | $ | 778,349 | $ | 793,846 | 89421 | ||||
| 3690 | 200616 | Career-Technical Education Federal Enhancement | $ | 5,000,000 | $ | 5,000,000 | 89422 | ||||
| 3700 | 200624 | Education of Exceptional Children | $ | 2,664,000 | $ | 2,755,000 | 89423 | ||||
| 3740 | 200647 | Troops to Teachers | $ | 100,000 | $ | 100,000 | 89424 | ||||
| 3780 | 200660 | Learn and Serve | $ | 619,211 | $ | 619,211 | 89425 | ||||
| 3AF0 | 200603 | Schools Medicaid Administrative Claims | $ | 639,000 | $ | 639,000 | 89426 | ||||
| 3AN0 | 200671 | School Improvement Grants | $ | 17,909,676 | $ | 17,936,675 | 89427 | ||||
| 3AX0 | 200698 | Improving Health and Educational Outcomes of Young People | $ | 630,954 | $ | 630,954 | 89428 | ||||
| 3BK0 | 200628 | Longitudinal Data Systems | $ | 100,000 | $ | 0 | 89429 | ||||
| 3BV0 | 200636 | Character Education | $ | 700,000 | $ | 0 | 89430 | ||||
| 3C50 | 200661 | Early Childhood Education | $ | 14,189,711 | $ | 14,554,749 | 89431 | ||||
| 3CF0 | 200644 | Foreign Language Assistance | $ | 25,000 | $ | 0 | 89432 | ||||
| 3CG0 | 200646 | Teacher Incentive Fund | $ | 3,007,975 | $ | 1,157,834 | 89433 | ||||
| 3D10 | 200664 | Drug Free Schools | $ | 13,347,966 | $ | 13,347,966 | 89434 | ||||
| 3D20 | 200667 | Honors Scholarship Program | $ | 6,990,000 | $ | 6,985,000 | 89435 | ||||
| 3DJ0 | 200699 | IDEA Part B - Federal Stimulus | $ | 218,868,026 | $ | 218,868,026 | 89436 | ||||
| 3DK0 | 200642 | Title 1A - Federal Stimulus | $ | 186,336,737 | $ | 186,336,737 | 89437 | ||||
| 3DL0 | 200650 | IDEA Preschool - Federal Stimulus | $ | 6,679,679 | $ | 6,679,679 | 89438 | ||||
| 3DM0 | 200651 | Title IID Technology - Federal Stimulus | $ | 11,951,000 | $ | 11,951,000 | 89439 | ||||
| 3DP0 | 200652 | Title I School Improvement - Federal Stimulus | $ | 54,221,000 | $ | 54,221,000 | 89440 | ||||
| 3H90 | 200605 | Head Start Collaboration Project | $ | 225,000 | $ | 225,000 | 89441 | ||||
| 3L60 | 200617 | Federal School Lunch | $ | 295,421,000 | $ | 310,150,675 | 89442 | ||||
| 3L70 | 200618 | Federal School Breakfast | $ | 80,850,000 | $ | 84,892,500 | 89443 | ||||
| 3L80 | 200619 | Child/Adult Food Programs | $ | 89,250,000 | $ | 93,712,500 | 89444 | ||||
| 3L90 | 200621 | Career-Technical Education Basic Grant | $ | 48,029,701 | $ | 48,029,701 | 89445 | ||||
| 3M00 | 200623 | ESEA Title 1A | $ | 530,000,000 | $ | 530,010,000 | 89446 | ||||
| 3M10 | 200678 | Innovative Education | $ | 1,000,000 | $ | 0 | 89447 | ||||
| 3M20 | 200680 | Individuals with Disabilities Education Act | $ | 413,391,594 | $ | 421,241,163 | 89448 | ||||
| 3S20 | 200641 | Education Technology | $ | 9,487,397 | $ | 9,487,397 | 89449 | ||||
| 3T40 | 200613 | Public Charter Schools | $ | 14,275,618 | $ | 14,291,353 | 89450 | ||||
| 3Y20 | 200688 | 21st Century Community Learning Centers | $ | 36,000,000 | $ | 36,000,000 | 89451 | ||||
| 3Y40 | 200632 | Reading First | $ | 27,366,373 | $ | 24,455,172 | 89452 | ||||
| 3Y60 | 200635 | Improving Teacher Quality | $ | 101,778,397 | $ | 101,778,400 | 89453 | ||||
| 3Y70 | 200689 | English Language Acquisition | $ | 8,142,299 | $ | 8,142,299 | 89454 | ||||
| 3Y80 | 200639 | Rural and Low Income Technical Assistance | $ | 1,500,000 | $ | 1,500,000 | 89455 | ||||
| 3Z20 | 200690 | State Assessments | $ | 12,923,799 | $ | 12,923,799 | 89456 | ||||
| 3Z30 | 200645 | Consolidated Federal Grant Administration | $ | 8,499,279 | $ | 8,499,280 | 89457 | ||||
| 3Z70 | 200697 | General Supervisory Enhancement Grant | $ | 887,319 | $ | 0 | 89458 | ||||
| TOTAL FED Federal Special | 89459 | ||||||||||
| Revenue Fund Group | $ | 2,238,516,279 | $ | 2,262,899,123 | 89460 | ||||||
| State Special Revenue Fund Group | 89461 |
| 4540 | 200610 | Guidance and Testing | $ | 450,000 | $ | 450,000 | 89462 | ||||
| 4550 | 200608 | Commodity Foods | $ | 24,000,000 | $ | 24,000,000 | 89463 | ||||
| 4R70 | 200695 | Indirect Operational Support | $ | 6,050,000 | $ | 6,250,000 | 89464 | ||||
| 4V70 | 200633 | Interagency Operational Support | $ | 1,111,838 | $ | 1,117,725 | 89465 | ||||
| 5980 | 200659 | Auxiliary Services Reimbursement | $ | 1,328,910 | $ | 1,328,910 | 89466 | ||||
| 5BB0 | 200696 | State Action for Education Leadership | $ | 1,250,000 | $ | 600,000 | 89467 | ||||
| 5BJ0 | 200626 | Half-Mill Maintenance Equalization | $ | 16,100,000 | $ | 16,600,000 | 89468 | ||||
| 5U20 | 200685 | National Education Statistics | $ | 300,000 | $ | 300,000 | 89469 | ||||
| 5W20 | 200663 | Early Learning Initiative | $ | 2,200,000 | $ | 2,200,000 | 89470 | ||||
| 5X90 | 200911 | NGA STEM | $ | 100,000 | $ | 0 | 89471 | ||||
| 6200 | 200615 | Educational Improvement Grants | $ | 3,000,000 | $ | 3,000,000 | 89472 | ||||
| TOTAL SSR State Special Revenue | 89473 | ||||||||||
| Fund Group | $ | 55,890,748 | $ | 55,846,635 | 89474 | ||||||
| Lottery Profits Education Fund Group | 89475 |
| 7017 | 200612 | Foundation Funding | $ | 705,000,000 | $ | 711,000,000 | 89476 | ||||
| TOTAL LPE Lottery Profits | 89477 | ||||||||||
| Education Fund Group | $ | 705,000,000 | $ | 711,000,000 | 89478 | ||||||
| Revenue Distribution Fund Group | 89479 |
| 7047 | 200909 | School District Property Tax Replacement-Business | $ | 1,150,207,366 | $ | 1,150,207,366 | 89480 | ||||
| 7053 | 200900 | School District Property Tax Replacement-Utility | $ | 91,123,523 | $ | 91,123,523 | 89481 | ||||
| TOTAL RDF Revenue Distribution | 89482 | ||||||||||
| Fund Group | $ | 1,241,330,889 | $ | 1,241,330,889 | 89483 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 12,155,306,957 | $ | 12,244,964,851 | 89484 | ||||||
| Section 265.10.10. PERSONAL SERVICES | 89486 |
| The foregoing appropriation item 200100, Personal Services, | 89487 |
| may be used to pay fees for the Department's membership in the | 89488 |
| Education Commission of the States, an interstate nonprofit, | 89489 |
| nonpartisan organization that supports states with the development | 89490 |
| of education policy. | 89491 |
| Of the foregoing appropriation item 200100, Personal | 89492 |
| Services, up to $150,000 in each fiscal year shall be used by the | 89493 |
| Department of Education to support Ohio's Partnership for | 89494 |
| Continued Learning at the direction of the Office of the Governor. | 89495 |
| Ohio's Partnership for Continued Learning replaces and broadens | 89496 |
| the former Joint Council of the Department of Education and the | 89497 |
| Board of Regents. The Partnership shall advise and make | 89498 |
| recommendations to promote collaboration among relevant state | 89499 |
| entities in an effort to help local communities develop coherent | 89500 |
| and successful "P-16" learning systems. The Governor, or the | 89501 |
| Governor's designee, shall serve as the chairperson. | 89502 |
| Section 265.10.20. EARLY CHILDHOOD EDUCATION | 89503 |
| The Department of Education shall distribute the foregoing | 89504 |
| appropriation item 200408, Early Childhood Education, to pay the | 89505 |
| costs of early childhood education programs. | 89506 |
| (A) As used in this section: | 89507 |
| (1) "Provider" means a city, local, exempted village, or | 89508 |
| joint vocational school district, or an educational service | 89509 |
| center. | 89510 |
| (2) In the case of a city, local, or exempted village school | 89511 |
| district, "new eligible provider" means a district that did not | 89512 |
| receive state funding for Early Childhood Education in the | 89513 |
| previous fiscal year or demonstrates a need for early childhood | 89514 |
| programs as defined in division (D) of this section. | 89515 |
| (3) "Eligible child" means a child who is at least three | 89516 |
| years of age as of the district entry date for kindergarten, is | 89517 |
| not of the age to be eligible for kindergarten, and whose family | 89518 |
| earns not more than two hundred per cent of the federal poverty | 89519 |
| guidelines as defined in division (A)(3) of section 5101.46 of the | 89520 |
| Revised Code. Children with an Individualized Education Program | 89521 |
| and where the Early Childhood Education program is the least | 89522 |
| restrictive environment may be enrolled on their third birthday. | 89523 |
| (B) In each fiscal year, up to two per cent of the total | 89524 |
| appropriation may be used by the Department for program support | 89525 |
| and technical assistance. The Department shall distribute the | 89526 |
| remainder of the appropriation in each fiscal year to serve | 89527 |
| eligible children. | 89528 |
| (C) The Department shall provide an annual report to the | 89529 |
| Governor, the Speaker of the House of Representatives, and the | 89530 |
| President of the Senate and post the report to the Department's | 89531 |
| web site, regarding early childhood education programs operated | 89532 |
| under this section and the early learning program guidelines. | 89533 |
| (D) After setting aside the amounts to make payments due from | 89534 |
| the previous fiscal year, in fiscal year 2010, the Department | 89535 |
| shall distribute funds first to recipients of funds for early | 89536 |
| childhood education programs under Section 269.10.20 of Am. Sub. | 89537 |
| H.B. 119 of the 127th General Assembly in the previous fiscal year | 89538 |
| and the balance to new eligible providers of early childhood | 89539 |
| education programs under this section or to existing providers to | 89540 |
| serve more eligible children or for purposes of program | 89541 |
| expansion, improvement, or special projects to promote quality | 89542 |
| and innovation. | 89543 |
| After setting aside the amounts to make payments due from the | 89544 |
| previous fiscal year, in fiscal year 2011, the Department shall | 89545 |
| distribute funds first to providers of early childhood education | 89546 |
| programs under this section in the previous fiscal year and the | 89547 |
| balance to new eligible providers or to existing providers to | 89548 |
| serve more eligible children or for purposes of program | 89549 |
| expansion, improvement, or special projects to promote quality | 89550 |
| and innovation. | 89551 |
| Awards under this section shall be distributed on a per-pupil | 89552 |
| basis, and in accordance with division (H) of this section. The | 89553 |
| Department may adjust the per-pupil amount so that the per-pupil | 89554 |
| amount multiplied by the number of eligible children enrolled and | 89555 |
| receiving services, as defined by the Department, reported on the | 89556 |
| first day of December or the first business day following that | 89557 |
| date equals the amount allocated under this section. | 89558 |
| (E) Costs for developing and administering an early childhood | 89559 |
| education program may not exceed fifteen per cent of the total | 89560 |
| approved costs of the program. | 89561 |
| All providers shall maintain such fiscal control and | 89562 |
| accounting procedures as may be necessary to ensure the | 89563 |
| disbursement of, and accounting for, these funds. The control of | 89564 |
| funds provided in this program, and title to property obtained | 89565 |
| therefrom, shall be under the authority of the approved provider | 89566 |
| for purposes provided in the program unless, as described in | 89567 |
| division (J) of this section, the program waives its right for | 89568 |
| funding or a program's funding is eliminated or reduced due to its | 89569 |
| inability to meet financial or early learning program guidelines. | 89570 |
| The approved provider shall administer and use such property and | 89571 |
| funds for the purposes specified. | 89572 |
| (F) The Department may examine a provider's financial and | 89573 |
| program records. If the financial practices of the program are not | 89574 |
| in accordance with standard accounting principles or do not meet | 89575 |
| financial standards outlined under division (E) of this section, | 89576 |
| or if the program fails to substantially meet the early learning | 89577 |
| program guidelines or exhibits below average performance as | 89578 |
| measured against the guidelines, the early childhood education | 89579 |
| program shall propose and implement a corrective action plan that | 89580 |
| has been approved by the Department. The approved corrective | 89581 |
| action plan shall be signed by the chief executive officer and | 89582 |
| the executive of the official governing body of the provider. The | 89583 |
| corrective action plan shall include a schedule for monitoring by | 89584 |
| the Department. Such monitoring may include monthly reports, | 89585 |
| inspections, a timeline for correction of deficiencies, and | 89586 |
| technical assistance to be provided by the Department or obtained | 89587 |
| by the early childhood education program. The Department may | 89588 |
| withhold funding pending corrective action. If an early childhood | 89589 |
| education program fails to satisfactorily complete a corrective | 89590 |
| action plan, the Department may deny expansion funding to the | 89591 |
| program or withdraw all or part of the funding to the program and | 89592 |
| establish a new eligible provider through a selection process | 89593 |
| established by the Department. | 89594 |
| (G) Each early childhood education program shall do all of | 89595 |
| the following: | 89596 |
| (1) Meet teacher qualification requirements prescribed by | 89597 |
| section 3301.311 of the Revised Code; | 89598 |
| (2) Align curriculum to the early learning content standards | 89599 |
| developed by the Department; | 89600 |
| (3) Meet any child or program assessment requirements | 89601 |
| prescribed by the Department; | 89602 |
| (4) Require teachers, except teachers enrolled and working to | 89603 |
| obtain a degree pursuant to section 3301.311 of the Revised Code, | 89604 |
| to attend a minimum of twenty hours every two years of | 89605 |
| professional development as prescribed by the Department; | 89606 |
| (5) Document and report child progress as prescribed by the | 89607 |
| Department; | 89608 |
| (6) Meet and report compliance with the early learning | 89609 |
| program guidelines as prescribed by the Department. | 89610 |
| (H) Per-pupil funding for programs subject to this section | 89611 |
| shall be sufficient to provide eligible children with services | 89612 |
| for a standard early childhood schedule which shall be defined in | 89613 |
| this section as one-half of the statewide average length of the | 89614 |
| school day, as determined by the Department, for the minimum | 89615 |
| school year as defined in sections 3313.48, 3313.481, and 3313.482 | 89616 |
| of the Revised Code. Nothing in this section shall be construed to | 89617 |
| prohibit program providers from utilizing other funds to serve | 89618 |
| eligible children in programs that exceed the statewide average | 89619 |
| length of the school day or that exceed the minimum school year. | 89620 |
| For any provider for which a standard early childhood education | 89621 |
| does not meet the local need or creates a hardship, the provider | 89622 |
| may submit a waiver to the Department requesting an alternate | 89623 |
| schedule. If the Department approves a waiver for an alternate | 89624 |
| schedule that provides services for less time than the standard | 89625 |
| early childhood education schedule, the Department shall reduce | 89626 |
| the provider's annual allocation proportionately. Under no | 89627 |
| circumstances shall an annual allocation be increased because of | 89628 |
| the approval of an alternate schedule. | 89629 |
| (I) Each provider shall develop a sliding fee scale based on | 89630 |
| family incomes and shall charge families who earn more than two | 89631 |
| hundred per cent of the federal poverty guidelines, as defined in | 89632 |
| division (A)(3) of section 5101.46 of the Revised Code, for the | 89633 |
| early childhood education program. | 89634 |
| (J) If an early childhood education program voluntarily | 89635 |
| waives its right for funding, or has its funding eliminated for | 89636 |
| not meeting financial standards or the early learning program | 89637 |
| guidelines, the provider shall transfer control of title to | 89638 |
| property, equipment, and remaining supplies obtained through the | 89639 |
| program to providers designated by the Department and return any | 89640 |
| unexpended funds to the Department along with any reports | 89641 |
| prescribed by the Department. The funding made available from a | 89642 |
| program that waives its right for funding or has its funding | 89643 |
| eliminated or reduced may be used by the Department for new grant | 89644 |
| awards or expansion grants. The Department may award new grants | 89645 |
| or expansion grants to eligible providers who apply. The eligible | 89646 |
| providers who apply must do so in accordance with the selection | 89647 |
| process established by the Department. | 89648 |
| (K) As used in this section, "early learning program | 89649 |
| guidelines" means the guidelines established by the Department | 89650 |
| pursuant to division (C)(3) of Section 206.09.54 of Am. Sub. H.B. | 89651 |
| 66 of the 126th General Assembly. | 89652 |
| Section 265.10.23. EARLY CHILDHOOD CABINET | 89653 |
| The Governor shall appoint to the entity in the Office of the | 89654 |
| Governor known as the Early Childhood Cabinet a representative of | 89655 |
| a board of health of a city or general health district or an | 89656 |
| authority having the duties of a board of health under section | 89657 |
| 3709.05 of the Revised Code. The Governor shall make the | 89658 |
| appointment not later than six months after the effective date of | 89659 |
| this section. | 89660 |
| Section 265.10.25. EDUCATOR TRAINING | 89661 |
| The foregoing appropriation item 200410, Educator Training, | 89662 |
| shall be used by the Department of Education to provide grants to | 89663 |
| pay $2,225 of the application fee in order to assist teachers | 89664 |
| from public and chartered nonpublic schools applying for the | 89665 |
| first time to the National Board for Professional Teaching | 89666 |
| Standards for professional teaching certificates or licenses that | 89667 |
| the board offers. These moneys shall be used to pay up to the | 89668 |
| first 400 applications in each fiscal year received by the | 89669 |
| Department. This set aside shall also be used to recognize and | 89670 |
| reward teachers who become certified by the National Board for | 89671 |
| Professional Teaching Standards under section 3319.55 of the | 89672 |
| Revised Code. Up to $300,000 in each fiscal year may be used by | 89673 |
| the Department to pay for costs associated with activities to | 89674 |
| support candidates through the application and certification | 89675 |
| process. | 89676 |
| Section 265.10.30. CAREER-TECHNICAL EDUCATION MATCH | 89677 |
| The foregoing appropriation item 200416, Career-Technical | 89678 |
| Education Match, shall be used by the Department of Education to | 89679 |
| provide vocational administration matching funds under 20 U.S.C. | 89680 |
| 2311. | 89681 |
| COMPUTER/APPLICATION/NETWORK DEVELOPMENT | 89682 |
| The foregoing appropriation item 200420, | 89683 |
| Computer/Application/Network Development, shall be used to support | 89684 |
| the development and implementation of information technology | 89685 |
| solutions designed to improve the performance and services of the | 89686 |
| Department of Education. Funds may be used for personnel, | 89687 |
| maintenance, and equipment costs related to the development and | 89688 |
| implementation of these technical system projects. Implementation | 89689 |
| of these systems shall allow the Department to provide greater | 89690 |
| levels of assistance to school districts and to provide more | 89691 |
| timely information to the public, including school districts, | 89692 |
| administrators, and legislators. Funds may also be used to support | 89693 |
| data-driven decision-making and differentiated instruction, as | 89694 |
| well as to communicate academic content standards and curriculum | 89695 |
| models to schools through web-based applications. | 89696 |
| Section 265.10.40. ALTERNATIVE EDUCATION PROGRAMS | 89697 |
| The foregoing appropriation item 200421, Alternative | 89698 |
| Education Programs, shall be used for the renewal of successful | 89699 |
| implementation grants and for competitive matching grants to the | 89700 |
| 21 urban school districts as defined in division (O) of section | 89701 |
| 3317.02 of the Revised Code as it existed prior to July 1, 1998, | 89702 |
| and for the renewal of successful implementation grants and for | 89703 |
| competitive matching grants to rural and suburban school | 89704 |
| districts for alternative educational programs for existing and | 89705 |
| new at-risk and delinquent youth. Programs shall be focused on | 89706 |
| youth in one or more of the following categories: those who have | 89707 |
| been expelled or suspended, those who have dropped out of school | 89708 |
| or who are at risk of dropping out of school, those who are | 89709 |
| habitually truant or disruptive, or those on probation or on | 89710 |
| parole from a Department of Youth Services facility. Grants shall | 89711 |
| be awarded according to the criteria established by the | 89712 |
| Alternative Education Advisory Council in 1999. Grants shall be | 89713 |
| awarded only to programs in which the grant will not serve as the | 89714 |
| program's primary source of funding. These grants shall be | 89715 |
| administered by the Department of Education. | 89716 |
| The Department of Education may waive compliance with any | 89717 |
| minimum education standard established under section 3301.07 of | 89718 |
| the Revised Code for any alternative school that receives a grant | 89719 |
| under this section on the grounds that the waiver will enable the | 89720 |
| program to more effectively educate students enrolled in the | 89721 |
| alternative school. | 89722 |
| Of the foregoing appropriation item 200421, Alternative | 89723 |
| Education Programs, a portion may be used for program | 89724 |
| administration, monitoring, technical assistance, support, | 89725 |
| research, and evaluation. | 89726 |
| Section 265.10.50. SCHOOL MANAGEMENT ASSISTANCE | 89727 |
| Of the foregoing appropriation item 200422, School Management | 89728 |
| Assistance, up to $2,000,000 in each fiscal year shall be used by | 89729 |
| the Auditor of State in consultation with the Department of | 89730 |
| Education for expenses incurred in the Auditor of State's role | 89731 |
| relating to fiscal caution, fiscal watch, and fiscal emergency | 89732 |
| activities as defined in Chapter 3316. of the Revised Code and | 89733 |
| may also be used by the Auditor of State to conduct performance | 89734 |
| audits of other school districts with priority given to | 89735 |
| districts in fiscal distress. Districts in fiscal distress shall | 89736 |
| be determined by the Auditor of State and shall include districts | 89737 |
| that the Auditor of State, in consultation with the Department of | 89738 |
| Education determines are employing fiscal practices or | 89739 |
| experiencing budgetary conditions that could produce a state of | 89740 |
| fiscal watch or fiscal emergency. | 89741 |
| The remainder of foregoing appropriation item 200422, School | 89742 |
| Management Assistance, shall be used by the Department of | 89743 |
| Education to provide fiscal technical assistance and inservice | 89744 |
| education for school district management personnel and to | 89745 |
| administer, monitor, and implement the fiscal caution, fiscal | 89746 |
| watch, and fiscal emergency provisions under Chapter 3316. of the | 89747 |
| Revised Code. | 89748 |
| Section 265.10.60. POLICY ANALYSIS | 89749 |
| The foregoing appropriation item 200424, Policy Analysis, | 89750 |
| shall be used by the Department of Education to support a system | 89751 |
| of administrative, statistical, and legislative education | 89752 |
| information to be used for policy analysis. Staff supported by | 89753 |
| this appropriation shall administer the development of reports, | 89754 |
| analyses, and briefings to inform education policymakers of | 89755 |
| current trends in education practice, efficient and effective use | 89756 |
| of resources, and evaluation of programs to improve education | 89757 |
| results. The database shall be kept current at all times. These | 89758 |
| research efforts shall be used to supply information and analysis | 89759 |
| of data to the General Assembly and other state policymakers, | 89760 |
| including the Office of Budget and Management and the Legislative | 89761 |
| Service Commission. | 89762 |
| The Department of Education may use funding from this | 89763 |
| appropriation item to purchase or contract for the development of | 89764 |
| software systems or contract for policy studies that will assist | 89765 |
| in the provision and analysis of policy-related information. | 89766 |
| Funding from this appropriation item also may be used to monitor | 89767 |
| and enhance quality assurance for research-based policy analysis | 89768 |
| and program evaluation to enhance the effective use of education | 89769 |
| information to inform education policymakers. | 89770 |
| TECH PREP CONSORTIA SUPPORT | 89771 |
| The foregoing appropriation item 200425, Tech Prep Consortia | 89772 |
| Support, shall be used by the Department of Education to support | 89773 |
| state-level activities designed to support, promote, and expand | 89774 |
| tech prep programs. Use of these funds shall include, but not be | 89775 |
| limited to, administration of grants, program evaluation, | 89776 |
| professional development, curriculum development, assessment | 89777 |
| development, program promotion, communications, and statewide | 89778 |
| coordination of tech prep consortia. | 89779 |
| Section 265.10.70. OHIO EDUCATIONAL COMPUTER NETWORK | 89780 |
| The foregoing appropriation item 200426, Ohio Educational | 89781 |
| Computer Network, shall be used by the Department of Education to | 89782 |
| maintain a system of information technology throughout Ohio and to | 89783 |
| provide technical assistance for such a system in support of the | 89784 |
| P-16 State Education Technology Plan under section 3301.07 of the | 89785 |
| Revised Code developed in conjunction with the Chancellor of the | 89786 |
| Board of Regents. | 89787 |
| Of the foregoing appropriation item 200426, Ohio Educational | 89788 |
| Computer Network, up to $14,949,498 in each fiscal year shall be | 89789 |
| used by the Department of Education to support connection of all | 89790 |
| public school buildings and participating chartered nonpublic | 89791 |
| schools to the state's education network, to each other, and to | 89792 |
| the Internet. In each fiscal year the Department of Education | 89793 |
| shall use these funds to assist information technology centers or | 89794 |
| school districts with the operational costs associated with this | 89795 |
| connectivity. The Department of Education shall develop a formula | 89796 |
| and guidelines for the distribution of these funds to information | 89797 |
| technology centers or individual school districts. As used in this | 89798 |
| section, "public school building" means a school building of any | 89799 |
| city, local, exempted village, or joint vocational school | 89800 |
| district, any community school established under Chapter 3314. of | 89801 |
| the Revised Code, any educational service center building used for | 89802 |
| instructional purposes, the Ohio School for the Deaf and the Ohio | 89803 |
| School for the Blind, or high schools chartered by the Ohio | 89804 |
| Department of Youth Services and high schools operated by Ohio | 89805 |
| Department of Rehabilitation and Corrections' Ohio Central School | 89806 |
| System. | 89807 |
| Of the foregoing appropriation item 200426, Ohio Educational | 89808 |
| Computer Network, up to $2,038,657 in each fiscal year shall be | 89809 |
| used for the Union Catalog and InfOhio Network and to support the | 89810 |
| provision of electronic resources with priority given to resources | 89811 |
| that support the teaching of state academic content standards in | 89812 |
| all public schools. Consideration shall be given by the Department | 89813 |
| of Education to coordinating the allocation of these moneys with | 89814 |
| the efforts of Libraries Connect Ohio, whose members include | 89815 |
| OhioLINK, the Ohio Public Information Network, and the State | 89816 |
| Library of Ohio. | 89817 |
| Of the foregoing appropriation item 200426, Ohio Educational | 89818 |
| Computer Network, up to $7,442,391 in each fiscal year shall be | 89819 |
| used, through a formula and guidelines devised by the Department, | 89820 |
| to subsidize the activities of designated information technology | 89821 |
| centers, as defined by State Board of Education rules, to provide | 89822 |
| school districts and chartered nonpublic schools with | 89823 |
| computer-based student and teacher instructional and | 89824 |
| administrative information services, including approved | 89825 |
| computerized financial accounting, and to ensure the effective | 89826 |
| operation of local automated administrative and instructional | 89827 |
| systems. | 89828 |
| The remainder of appropriation item 200426, Ohio Educational | 89829 |
| Computer Network, shall be used to support development, | 89830 |
| maintenance, and operation of a network of uniform and compatible | 89831 |
| computer-based information and instructional systems. This | 89832 |
| technical assistance shall include, but not be restricted to, | 89833 |
| development and maintenance of adequate computer software systems | 89834 |
| to support network activities. In order to improve the efficiency | 89835 |
| of network activities, the Department and information technology | 89836 |
| centers may jointly purchase equipment, materials, and services | 89837 |
| from funds provided under this appropriation for use by the | 89838 |
| network and, when considered practical by the Department, may | 89839 |
| utilize the services of appropriate state purchasing agencies. | 89840 |
| Section 265.10.80. ACADEMIC STANDARDS | 89841 |
| The foregoing appropriation item 200427, Academic Standards, | 89842 |
| shall be used by the Department of Education to develop, revise, | 89843 |
| and communicate to school districts academic content standards | 89844 |
| and curriculum models. | 89845 |
| Section 265.10.90. SCHOOL IMPROVEMENT INITIATIVES | 89846 |
| Of the foregoing appropriation item 200431, School | 89847 |
| Improvement Initiatives, up to $410,990 in each fiscal year shall | 89848 |
| be used by the Department of Education to support educational | 89849 |
| media centers to provide Ohio public schools with instructional | 89850 |
| resources and services, with priority given to resources and | 89851 |
| services aligned with state academic content standards. | 89852 |
| Of the foregoing appropriation item 200431, School | 89853 |
| Improvement Initiatives, up to $9,349,007 in each fiscal year | 89854 |
| shall be used to support districts in the development and | 89855 |
| implementation of their continuous improvement plans as required | 89856 |
| in section 3302.04 of the Revised Code and to provide technical | 89857 |
| assistance and support in accordance with Title I of the "No Child | 89858 |
| Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6317. | 89859 |
| Of the foregoing appropriation item 200431, School | 89860 |
| Improvement Initiatives, up to $3,500,000 in each fiscal year | 89861 |
| shall be used to support existing early college high schools, | 89862 |
| which are small, autonomous schools that blend high school and | 89863 |
| college into a coherent educational program for those not | 89864 |
| traditionally college-bound. The funds for early college high | 89865 |
| schools shall be distributed according to guidelines established | 89866 |
| by the Department of Education and the Chancellor of the Board of | 89867 |
| Regents. | 89868 |
| Section 265.20.10. STUDENT ASSESSMENT | 89869 |
| Of the foregoing appropriation item 200437, Student | 89870 |
| Assessment, up to $212,486 in each fiscal year may be used to | 89871 |
| support the assessments required under section 3301.0715 of the | 89872 |
| Revised Code. | 89873 |
| The remainder of appropriation item 200437, Student | 89874 |
| Assessment, shall be used to develop, field test, print, | 89875 |
| distribute, score, report results, and support other associated | 89876 |
| costs for the tests required by section 3301.27 of the Revised | 89877 |
| Code. If funds remain in this appropriation after these purposes | 89878 |
| have been fulfilled, the Department may use the remainder of the | 89879 |
| appropriation to develop end-of-course exams. | 89880 |
| Section 265.20.20. ACCOUNTABILITY/REPORT CARDS | 89881 |
| Of the foregoing appropriation item 200439, | 89882 |
| Accountability/Report Cards, up to $2,378,976 in each fiscal year | 89883 |
| shall be used to train district and regional specialists and | 89884 |
| district educators in the use of the value-added progress | 89885 |
| dimension and in the use of data as it relates to improving | 89886 |
| student achievement. This funding shall be used in consultation | 89887 |
| with a credible nonprofit organization with expertise in | 89888 |
| value-added progress dimensions. | 89889 |
| The remainder of appropriation item 200439, | 89890 |
| Accountability/Report Cards, shall be used by the Department to | 89891 |
| incorporate a statewide pilot value-added progress dimension into | 89892 |
| performance ratings for school districts and for the development | 89893 |
| of an accountability system that includes the preparation and | 89894 |
| distribution of school report cards and funding and expenditure | 89895 |
| accountability reports under sections 3302.03 and 3302.031 of the | 89896 |
| Revised Code. | 89897 |
| CHILD CARE LICENSING | 89898 |
| The foregoing appropriation item 200442, Child Care | 89899 |
| Licensing, shall be used by the Department of Education to license | 89900 |
| and to inspect preschool and school-age child care programs under | 89901 |
| sections 3301.52 to 3301.59 of the Revised Code. | 89902 |
| Section 265.20.30. EDUCATION MANAGEMENT INFORMATION SYSTEM | 89903 |
| The foregoing appropriation item 200446, Education Management | 89904 |
| Information System, shall be used by the Department of Education | 89905 |
| to improve the Education Management Information System (EMIS). | 89906 |
| Of the foregoing appropriation item 200446, Education | 89907 |
| Management Information System, up to $1,276,761 in each fiscal | 89908 |
| year shall be distributed to designated information technology | 89909 |
| centers for costs relating to processing, storing, and | 89910 |
| transferring data for the effective operation of the EMIS. These | 89911 |
| costs may include, but are not limited to, personnel, hardware, | 89912 |
| software development, communications connectivity, professional | 89913 |
| development, and support services, and to provide services to | 89914 |
| participate in the State Education Technology Plan pursuant to | 89915 |
| section 3301.07 of the Revised Code. | 89916 |
| Of the foregoing appropriation item 200446, Education | 89917 |
| Management Information System, up to $7,874,541 in each fiscal | 89918 |
| year shall be distributed on a per-pupil basis to school | 89919 |
| districts, community schools established under Chapter 3314. of | 89920 |
| the Revised Code, educational service centers, joint vocational | 89921 |
| school districts, and any other education entity that reports | 89922 |
| data through EMIS. From this funding, each school district or | 89923 |
| community school established under Chapter 3314. of the Revised | 89924 |
| Code with enrollment greater than 100 students and each vocational | 89925 |
| school district shall receive a minimum of $5,000 in each fiscal | 89926 |
| year. Each school district or community school established under | 89927 |
| Chapter 3314. of the Revised Code with enrollment between one and | 89928 |
| one hundred and each educational service center and each county | 89929 |
| board of MR/DD that submits data through EMIS shall receive | 89930 |
| $3,000 in each fiscal year. This subsidy shall be used for costs | 89931 |
| relating to reporting, processing, storing, transferring, and | 89932 |
| exchanging data necessary to meet requirements of the Department | 89933 |
| of Education's data system. | 89934 |
| The remainder of appropriation item 200446, Education | 89935 |
| Management Information System, shall be used to develop and | 89936 |
| support a common core of data definitions and standards as adopted | 89937 |
| by the Education Management Information System Advisory Board, | 89938 |
| including the ongoing development and maintenance of the data | 89939 |
| dictionary and data warehouse. In addition, such funds shall be | 89940 |
| used to support the development and implementation of data | 89941 |
| standards and the design, development, and implementation of a new | 89942 |
| data exchange system. | 89943 |
| Any provider of software meeting the standards approved by | 89944 |
| the Education Management Information System Advisory Board shall | 89945 |
| be designated as an approved vendor and may enter into contracts | 89946 |
| with local school districts, community schools, information | 89947 |
| technology centers, or other educational entities for the purpose | 89948 |
| of collecting and managing data required under Ohio's education | 89949 |
| management information system (EMIS) laws. On an annual basis, the | 89950 |
| Department of Education shall convene an advisory group of school | 89951 |
| districts, community schools, and other education-related entities | 89952 |
| to review the Education Management Information System data | 89953 |
| definitions and data format standards. The advisory group shall | 89954 |
| recommend changes and enhancements based upon surveys of its | 89955 |
| members, education agencies in other states, and current industry | 89956 |
| practices, to reflect best practices, align with federal | 89957 |
| initiatives, and meet the needs of school districts. | 89958 |
| School districts and community schools not implementing a | 89959 |
| common and uniform set of data definitions and data format | 89960 |
| standards for Education Management Information System purposes | 89961 |
| shall have all EMIS funding withheld until they are in compliance. | 89962 |
| Section 265.20.40. GED TESTING | 89963 |
| The foregoing appropriation item 200447, GED Testing, shall | 89964 |
| be used to provide General Educational Development (GED) testing | 89965 |
| at no cost to applicants, under rules adopted by the State Board | 89966 |
| of Education. The Department of Education may reimburse in fiscal | 89967 |
| year 2010 school districts and community schools, created under | 89968 |
| Chapter 3314. of the Revised Code, for a portion of the costs | 89969 |
| incurred in providing summer instructional or intervention | 89970 |
| services to students who have not graduated because of their | 89971 |
| inability to pass one or more parts of the state's Ohio | 89972 |
| Graduation Test. School districts shall also provide such services | 89973 |
| to students who are residents of the district under section | 89974 |
| 3313.64 of the Revised Code, but who are enrolled in chartered, | 89975 |
| nonpublic schools. The services shall be provided in the public | 89976 |
| school, in nonpublic schools, in public centers, or in mobile | 89977 |
| units located on or off the nonpublic school premises. No school | 89978 |
| district shall provide summer instructional or intervention | 89979 |
| services to nonpublic school students as authorized by this | 89980 |
| section unless such services are available to students attending | 89981 |
| the public schools within the district. No school district shall | 89982 |
| provide services for use in religious courses, devotional | 89983 |
| exercises, religious training, or any other religious activity. | 89984 |
| Chartered, nonpublic schools shall pay for any unreimbursed costs | 89985 |
| incurred by school districts for providing summer instruction or | 89986 |
| intervention services to students enrolled in chartered, | 89987 |
| nonpublic schools. School districts may provide these services to | 89988 |
| students directly or contract with postsecondary or nonprofit | 89989 |
| community-based institutions in providing instruction. | 89990 |
| Section 265.20.50. EDUCATOR PREPARATION | 89991 |
| Of the foregoing appropriation item 200448, Educator | 89992 |
| Preparation, up to $350,000 in each fiscal year shall be used for | 89993 |
| training and professional development of school administrators, | 89994 |
| school treasurers, and school business officials. | 89995 |
| The remainder of appropriation item 200448, Educator | 89996 |
| Preparation, may be used by the Department to support the Educator | 89997 |
| Standards Board under section 3319.61 of the Revised Code as it | 89998 |
| develops and recommends to the State Board of Education standards | 89999 |
| for educator training and standards for teacher and other school | 90000 |
| leadership positions. Also, any remaining funds may be used by the | 90001 |
| Department to develop alternative preparation programs for school | 90002 |
| leaders and coordination of a career ladder for teachers. | 90003 |
| Section 265.20.60. COMMUNITY SCHOOLS | 90004 |
| Of the foregoing appropriation item 200455, Community | 90005 |
| Schools, up to $1,308,661 in each fiscal year may be used by the | 90006 |
| Department of Education for additional services and | 90007 |
| responsibilities under section 3314.11 of the Revised Code. | 90008 |
| Of the foregoing appropriation item 200455, Community | 90009 |
| Schools, up to $225,000 in each fiscal year may be used by the | 90010 |
| Department of Education for developing and conducting training | 90011 |
| sessions for community schools and sponsors and prospective | 90012 |
| sponsors of community schools as prescribed in division (A)(1) of | 90013 |
| section 3314.015 of the Revised Code. In developing the training | 90014 |
| sessions, the Department shall collect and disseminate examples | 90015 |
| of best practices used by sponsors of independent charter schools | 90016 |
| in Ohio and other states. | 90017 |
| STEM INITIATIVES | 90018 |
| The foregoing appropriation item 200457, STEM Initiatives, | 90019 |
| shall be used to enhance STEM teacher preparation, professional | 90020 |
| development, and innovative STEM curricular approaches through the | 90021 |
| use of professional practice on-site laboratories, | 90022 |
| teacher-in-residence programs, master teacher and apprentice | 90023 |
| models, and STEM teaching fellowships that are connected to and | 90024 |
| leveraged against Ohio's portfolio of STEM education initiatives | 90025 |
| including STEM schools, STEM Programs of Excellence, and STEM | 90026 |
| Centers. Funds shall be allocated and distributed through a | 90027 |
| competitive process by an independent review panel established and | 90028 |
| managed by the Ohio STEM Learning Network, formed as a | 90029 |
| public-private entity and overseen by an Ohio-based nonprofit | 90030 |
| enterprise under section 3326.06 of the Revised Code. The Ohio | 90031 |
| STEM Learning Network shall work in collaboration with the | 90032 |
| Chancellor of the Board of Regents, the Superintendent of Public | 90033 |
| Instruction, and the Director of Development throughout the | 90034 |
| process. | 90035 |
| Of the foregoing appropriation item 200457, STEM | 90036 |
| Initiatives, up to $3,000,000 in each fiscal year shall be | 90037 |
| provided as grants to STEM schools. | 90038 |
| Of the foregoing appropriation item 200457, STEM | 90039 |
| Initiatives, up to $3,000,000 in each fiscal year shall be used to | 90040 |
| support STEM Programs of Excellence. | 90041 |
| SCHOOL EMPLOYEES HEALTH CARE BOARD | 90042 |
| The foregoing appropriation item 200458, School Employees | 90043 |
| Health Care Board, shall be used by the School Employees Health | 90044 |
| Care Board to hire staff to provide administrative support to the | 90045 |
| Board as the Board carries out its duties under section 9.901 of | 90046 |
| the Revised Code. | 90047 |
| Section 265.20.70. PUPIL TRANSPORTATION | 90048 |
| Of the foregoing appropriation item 200502, Pupil | 90049 |
| Transportation, up to $838,930 in each fiscal year may be used by | 90050 |
| the Department of Education for training prospective and | 90051 |
| experienced school bus drivers in accordance with training | 90052 |
| programs prescribed by the Department. Up to $60,469,220 in each | 90053 |
| fiscal year may be used by the Department of Education for | 90054 |
| special education transportation reimbursements to school | 90055 |
| districts and county MR/DD boards for transportation operating | 90056 |
| costs as provided in division (J) of section 3317.024 of the | 90057 |
| Revised Code. | 90058 |
| The remainder of appropriation item 200502, Pupil | 90059 |
| Transportation, shall be used to fund the transportation payments | 90060 |
| included in the state funding base calculated under division (A) | 90061 |
| of the Section of this act entitled "FUNDING FOR CITY, EXEMPTED | 90062 |
| VILLAGE, AND LOCAL SCHOOL DISTRICTS." | 90063 |
| Section 265.20.80. BUS PURCHASE ALLOWANCE | 90064 |
| The foregoing appropriation item 200503, Bus Purchase | 90065 |
| Allowance, shall be distributed to school districts, educational | 90066 |
| service centers, and county MR/DD boards pursuant to rules adopted | 90067 |
| under section 3317.07 of the Revised Code. Up to 28 per cent of | 90068 |
| the amount appropriated may be used to reimburse school districts | 90069 |
| and educational service centers for the purchase of buses to | 90070 |
| transport students with disabilities and nonpublic school students | 90071 |
| and to county MR/DD boards, the Ohio School for the Deaf, and the | 90072 |
| Ohio School for the Blind for the purchase of buses to transport | 90073 |
| students with disabilities. | 90074 |
| SCHOOL LUNCH MATCH | 90075 |
| The foregoing appropriation item 200505, School Lunch Match, | 90076 |
| shall be used to provide matching funds to obtain federal funds | 90077 |
| for the school lunch program. | 90078 |
| Any remaining appropriation after providing matching funds | 90079 |
| for the school lunch program shall be used to partially reimburse | 90080 |
| school buildings within school districts that are required to have | 90081 |
| a school breakfast program under section 3313.813 of the Revised | 90082 |
| Code, at a rate decided by the Department. | 90083 |
| Section 265.20.90. AUXILIARY SERVICES | 90084 |
| The foregoing appropriation item 200511, Auxiliary Services, | 90085 |
| shall be used by the Department of Education for the purpose of | 90086 |
| implementing section 3317.06 of the Revised Code. Of the | 90087 |
| appropriation, up to $2,121,800 in each fiscal year may be used | 90088 |
| for payment of the Post-Secondary Enrollment Options Program for | 90089 |
| nonpublic students. Notwithstanding section 3365.10 of the | 90090 |
| Revised Code, the Department shall distribute funding according | 90091 |
| to rules adopted by the Department in accordance with Chapter 119. | 90092 |
| of the Revised Code. | 90093 |
| Of the foregoing appropriation item 200521, Gifted Pupil | 90094 |
| Program, up to $1,026,017 in each fiscal year shall be used by | 90095 |
| the Department of Education to fund the Summer Honors Institute, | 90096 |
| including funding for the Martin Essex Program, which shall be | 90097 |
| awarded through a request for proposals process. | 90098 |
| Of the foregoing appropriation item 200521, Gifted Pupil | 90099 |
| Program, up to $8,100,000 in each fiscal year shall be used to | 90100 |
| fund the gifted education units that were awarded to educational | 90101 |
| service centers in fiscal year 2009 and approved under section | 90102 |
| 3317.05 of the Revised Code for fiscal year 2010 and fiscal year | 90103 |
| 2011, respectively. In fiscal year 2010 and fiscal year 2011, | 90104 |
| funding for each unit shall be equal to the funding provided in | 90105 |
| fiscal year 2009. | 90106 |
| The remainder of the foregoing appropriation item 200521, | 90107 |
| Gifted Pupil Program, shall be used to fund the gifted education | 90108 |
| units included in the state funding base calculated under division | 90109 |
| (A) of the Section of this act entitled "FUNDING FOR CITY, | 90110 |
| EXEMPTED VILLAGE, AND LOCAL SCHOOL DISTRICTS." | 90111 |
| Section 265.30.10. NONPUBLIC ADMINISTRATIVE COST | 90112 |
| REIMBURSEMENT | 90113 |
| The foregoing appropriation item 200532, Nonpublic | 90114 |
| Administrative Cost Reimbursement, shall be used by the Department | 90115 |
| of Education for the purpose of implementing section 3317.063 of | 90116 |
| the Revised Code. | 90117 |
| Section 265.30.20. SPECIAL EDUCATION ENHANCEMENTS | 90118 |
| Of the foregoing appropriation item 200540, Special Education | 90119 |
| Enhancements, up to $2,906,875 in each fiscal year shall be used | 90120 |
| for home instruction for children with disabilities. | 90121 |
| Of the foregoing appropriation item 200540, Special Education | 90122 |
| Enhancements, up to $47,518,582 in fiscal year 2010 and up to | 90123 |
| $48,421,435 in fiscal year 2011 shall be used to fund special | 90124 |
| education and related services at county boards of mental | 90125 |
| retardation and developmental disabilities for eligible students | 90126 |
| under section 3317.20 of the Revised Code and at institutions for | 90127 |
| eligible students under section 3317.201 of the Revised Code. | 90128 |
| Notwithstanding the distribution formulas under sections 3317.20 | 90129 |
| and 3317.201 of the Revised Code, funding for MR/DD boards and | 90130 |
| institutions in fiscal year 2010 and fiscal year 2011 shall be | 90131 |
| determined by inflating the per pupil amount received by each | 90132 |
| MR/DD board and institution in the prior fiscal year by 1.9 per | 90133 |
| cent and providing that inflated per pupil amount for each student | 90134 |
| served in the current fiscal year. | 90135 |
| Of the foregoing appropriation item 200540, Special Education | 90136 |
| Enhancements, up to $1,500,000 in each fiscal year shall be used | 90137 |
| for parent mentoring programs. | 90138 |
| Of the foregoing appropriation item 200540, Special Education | 90139 |
| Enhancements, up to $2,783,396 in each fiscal year shall be used | 90140 |
| for school psychology interns. | 90141 |
| The remainder of appropriation item 200540, Special Education | 90142 |
| Enhancements, shall be distributed by the Department of Education | 90143 |
| to county boards of mental retardation and developmental | 90144 |
| disabilities, educational service centers, and school districts | 90145 |
| for preschool special education units and preschool supervisory | 90146 |
| units under section 3317.052 of the Revised Code. To the greatest | 90147 |
| extent possible, the Department of Education shall allocate these | 90148 |
| units to school districts and educational service centers. | 90149 |
| The Department may reimburse county MR/DD boards, educational | 90150 |
| service centers, and school districts for services provided by | 90151 |
| instructional assistants, related services as defined in rule | 90152 |
| 3301-51-11 of the Administrative Code, physical therapy services | 90153 |
| provided by a licensed physical therapist or physical therapist | 90154 |
| assistant under the supervision of a licensed physical therapist | 90155 |
| as required under Chapter 4755. of the Revised Code and Chapter | 90156 |
| 4755-27 of the Administrative Code and occupational therapy | 90157 |
| services provided by a licensed occupational therapist or | 90158 |
| occupational therapy assistant under the supervision of a licensed | 90159 |
| occupational therapist as required under Chapter 4755. of the | 90160 |
| Revised Code and Chapter 4755-7 of the Administrative Code. | 90161 |
| Nothing in this section authorizes occupational therapy assistants | 90162 |
| or physical therapist assistants to generate or manage their own | 90163 |
| caseloads. | 90164 |
| The Department of Education shall require school districts, | 90165 |
| educational service centers, and county MR/DD boards serving | 90166 |
| preschool children with disabilities to document child progress | 90167 |
| using research-based indicators prescribed by the Department and | 90168 |
| report results annually. The reporting dates and method shall be | 90169 |
| determined by the Department. | 90170 |
| Section 265.30.30. CAREER-TECHNICAL EDUCATION ENHANCEMENTS | 90171 |
| Of the foregoing appropriation item 200545, Career-Technical | 90172 |
| Education Enhancements, up to $2,633,531 in fiscal year 2010 and | 90173 |
| up to $2,683,568 in fiscal year 2011 shall be used to fund | 90174 |
| secondary career-technical education at institutions. | 90175 |
| Of the foregoing appropriation item 200545, Career-Technical | 90176 |
| Education Enhancements, up to $2,228,281 in each fiscal year shall | 90177 |
| be used by the Department of Education to fund competitive grants | 90178 |
| to tech prep consortia that expand the number of students enrolled | 90179 |
| in tech prep programs. These grant funds shall be used to directly | 90180 |
| support expanded tech prep programs provided to students enrolled | 90181 |
| in school districts, including joint vocational school districts, | 90182 |
| and affiliated higher education institutions. This support may | 90183 |
| include the purchase of equipment. | 90184 |
| Of the foregoing appropriation item 200545, Career-Technical | 90185 |
| Education Enhancements, up to $2,890,850 in each fiscal year shall | 90186 |
| be used by the Department of Education to support existing High | 90187 |
| Schools That Work (HSTW) sites, develop and support new sites, | 90188 |
| fund technical assistance, and support regional centers and middle | 90189 |
| school programs. The purpose of HSTW is to combine challenging | 90190 |
| academic courses and modern career-technical studies to raise the | 90191 |
| academic achievement of students. HSTW provides intensive | 90192 |
| technical assistance, focused staff development, targeted | 90193 |
| assessment services, and ongoing communications and networking | 90194 |
| opportunities. | 90195 |
| Section 265.30.40. FOUNDATION FUNDING | 90196 |
| The foregoing appropriation item 200550, Foundation Funding, | 90197 |
| includes $90,000,000 in each fiscal year for the state education | 90198 |
| aid offset due to the change in public utility valuation as a | 90199 |
| result of Am. Sub. S.B. 3 and Am. Sub. S.B. 287, both of the 123rd | 90200 |
| General Assembly. This amount represents the total state education | 90201 |
| aid offset calculated for fiscal year 2009 due to the valuation | 90202 |
| change for school districts and joint vocational school districts | 90203 |
| from all relevant appropriation line item sources. Upon | 90204 |
| certification by the Department of Education, in consultation | 90205 |
| with the Department of Taxation, to the Director of Budget and | 90206 |
| Management of the actual state aid offset for fiscal year 2009, | 90207 |
| the cash transfer from the School District Property Tax | 90208 |
| Replacement - Utility Fund (Fund 7053) to the General Revenue | 90209 |
| Fund shall be decreased or increased by the Director of Budget | 90210 |
| and Management to match the certification in accordance with | 90211 |
| section 5727.84 of the Revised Code. | 90212 |
| The foregoing appropriation item 200550, Foundation Funding, | 90213 |
| includes $119,000,000 in each fiscal year for the state education | 90214 |
| aid offset because of the changes in tangible personal property | 90215 |
| valuation as a result of Am. Sub. H.B. 66 of the 126th General | 90216 |
| Assembly. This amount represents the total state education aid | 90217 |
| offset calculated for fiscal year 2009 because of the valuation | 90218 |
| change for school districts and joint vocational school districts | 90219 |
| from all relevant appropriation item sources. Upon certification | 90220 |
| by the Department of Education of the actual state education aid | 90221 |
| offset for fiscal year 2009 to the Director of Budget and | 90222 |
| Management, the cash transfer from the School District Tangible | 90223 |
| Property Tax Replacement - Business Fund (Fund 7047) to the | 90224 |
| General Revenue Fund shall be decreased or increased by the | 90225 |
| Director of Budget and Management to match the certification in | 90226 |
| accordance with section 5751.21 of the Revised Code. | 90227 |
| Of the foregoing appropriation item 200550, Foundation | 90228 |
| Funding, up to $425,000 shall be expended in each fiscal year for | 90229 |
| court payments under section 2151.362 of the Revised Code. | 90230 |
| Of the foregoing appropriation item 200550, Foundation | 90231 |
| Funding, up to $10,000,000 in each fiscal year shall be used to | 90232 |
| provide additional state aid to school districts for special | 90233 |
| education students under division (C)(3) of section 3317.022 of | 90234 |
| the Revised Code, except that the Controlling Board may increase | 90235 |
| these amounts if presented with such a request from the | 90236 |
| Department of Education at the final meeting of the fiscal year; | 90237 |
| up to $2,000,000 in each fiscal year shall be reserved for Youth | 90238 |
| Services tuition payments under section 3317.024 of the Revised | 90239 |
| Code; and up to $47,000,000 in each fiscal year shall be | 90240 |
| reserved to fund the state reimbursement of educational service | 90241 |
| centers under section 3317.11 of the Revised Code and the | 90242 |
| section of this act entitled "EDUCATIONAL SERVICE CENTERS | 90243 |
| FUNDING." | 90244 |
| Of the foregoing appropriation item 200550, Foundation | 90245 |
| Funding, up to $1,000,000 in each fiscal year shall be used by the | 90246 |
| Department of Education for a program to pay for educational | 90247 |
| services for youth who have been assigned by a juvenile court or | 90248 |
| other authorized agency to any of the facilities described in | 90249 |
| division (A) of the section of this act entitled "PRIVATE | 90250 |
| TREATMENT FACILITY PROJECT." | 90251 |
| Of the foregoing appropriation item 200550, Foundation | 90252 |
| Funding, up to $8,686,000 in fiscal year 2010 and up to $8,722,860 | 90253 |
| in fiscal year 2011 shall be used to operate school choice | 90254 |
| programs. | 90255 |
| Of the portion of the funds distributed to the Cleveland | 90256 |
| Municipal School District under this section, up to $11,901,887 in | 90257 |
| each fiscal year shall be used to operate the school choice | 90258 |
| program in the Cleveland Municipal School District under sections | 90259 |
| 3313.974 to 3313.979 of the Revised Code. Notwithstanding | 90260 |
| divisions (B) and (C) of section 3313.978 and division (C) of | 90261 |
| section 3313.979 of the Revised Code, up to $1,000,000 in each | 90262 |
| fiscal year of this amount shall be used by the Cleveland | 90263 |
| Municipal School District to provide tutorial assistance as | 90264 |
| provided in division (H) of section 3313.974 of the Revised Code. | 90265 |
| The Cleveland Municipal School District shall report the use of | 90266 |
| these funds in the district's three-year continuous improvement | 90267 |
| plan as described in section 3302.04 of the Revised Code in a | 90268 |
| manner approved by the Department of Education. | 90269 |
| Of the foregoing appropriation item 200550, Foundation | 90270 |
| Funding, an amount shall be available in each fiscal year to be | 90271 |
| paid to joint vocational school districts in accordance with the | 90272 |
| section of this act entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL | 90273 |
| DISTRICTS." | 90274 |
| Appropriation items 200502, Pupil Transportation, 200521, | 90275 |
| Gifted Pupil Program, 200540, Special Education Enhancements, | 90276 |
| 200550, Foundation Funding, and 200551, Foundation Funding - | 90277 |
| Federal Stimulus, other than specific set-asides, are | 90278 |
| collectively used in each fiscal year to pay state formula aid | 90279 |
| obligations for school districts, community schools, and joint | 90280 |
| vocational school districts under this act. The first priority | 90281 |
| of these appropriation items, with the exception of specific | 90282 |
| set-asides, is to fund state formula aid obligations. It may be | 90283 |
| necessary to reallocate funds among these appropriation items | 90284 |
| or use excess funds from other general revenue fund | 90285 |
| appropriation items in the Department of Education's budget in | 90286 |
| each fiscal year, in order to meet state formula aid | 90287 |
| obligations. If it is determined that it is necessary to transfer | 90288 |
| funds among these appropriation items or to transfer funds from | 90289 |
| other General Revenue Fund appropriations in the Department of | 90290 |
| Education's budget to meet state formula aid obligations, the | 90291 |
| Department of Education shall seek approval from the Controlling | 90292 |
| Board to transfer funds as needed. | 90293 |
| Section 265.30.41. OPERATING FUNDING FOR FISCAL YEARS 2010 | 90294 |
| AND 2011 | 90295 |
| (A) Notwithstanding anything to the contrary in Chapter 3317. | 90296 |
| of the Revised Code, the Department of Education shall make no | 90297 |
| payments under that chapter for fiscal years 2010 and 2011 except | 90298 |
| as prescribed in this section. | 90299 |
| (B) Each school district and educational service center shall | 90300 |
| report student enrollment data as prescribed by section 3317.03 | 90301 |
| of the Revised Code, which data the department shall use to make | 90302 |
| payments under Chapter 3317. of the Revised Code and Section | 90303 |
| 265.30.42 of this act. | 90304 |
| (C) The tax commissioner shall report data regarding tax | 90305 |
| valuation and receipts for school districts as prescribed by | 90306 |
| sections 3317.015, 3317.021, 3317.025, 3317.026, 3317.027, | 90307 |
| 3317.028, 3317.0210, 3317.0211, and 3317.08 and by division (M) of | 90308 |
| section 3317.02 of the Revised Code, which data the department | 90309 |
| shall use to make payments under Chapter 3317. of the Revised | 90310 |
| Code and Section 265.30.42 of this act. | 90311 |
| (D) Unless otherwise specified by another provision of law, | 90312 |
| in addition to the payments prescribed by Section 265.30.42 of | 90313 |
| this act, the department shall continue to make payments or | 90314 |
| adjustments for fiscal years 2010 and 2011 under the following | 90315 |
| provisions of Chapter 3317. of the Revised Code: | 90316 |
| (1) The catastrophic cost reimbursement under division (C)(3) | 90317 |
| of section 3317.022 of the Revised Code. No other payments shall | 90318 |
| be made under that section. | 90319 |
| (2) All payments or adjustments under section 3317.023 of the | 90320 |
| Revised Code, except no payments or adjustments shall be made | 90321 |
| under divisions (B), (C), and (D) of that section; | 90322 |
| (3) All payments or adjustments under section 3317.024 of the | 90323 |
| Revised Code, except no payments or adjustments shall be made | 90324 |
| under divisions (F), (L), and (N) of that section; | 90325 |
| (4) Unit payments under sections 3317.05, 3317.051, 3317.052, | 90326 |
| and 3317.053 of the Revised Code, except that no units for gifted | 90327 |
| funding are authorized for school districts for fiscal years 2010 | 90328 |
| and 2011; | 90329 |
| (5) Payments under sections 3317.06, 3317.063, and 3317.064 | 90330 |
| of the Revised Code; | 90331 |
| (6) Payments under section 3317.07 of the Revised Code; | 90332 |
| (7) Payments to educational service centers under section | 90333 |
| 3317.11 of the Revised Code; | 90334 |
| (8) The catastrophic cost reimbursement under division (E) | 90335 |
| of section 3317.16 of the Revised Code and excess cost | 90336 |
| reimbursements under division (G) of that section. No other | 90337 |
| payments shall be made under that section. | 90338 |
| (9) Payments under section 3317.17 of the Revised Code; | 90339 |
| (10) Adjustments under section 3317.18 of the Revised Code; | 90340 |
| (11) Payments to cooperative education school districts under | 90341 |
| section 3317.19 of the Revised Code; | 90342 |
| (12) Payments to county MR/DD boards under section 3317.20 of | 90343 |
| the Revised Code; | 90344 |
| (13) Payments to state institutions for weighted special | 90345 |
| education funding under section 3317.201 of the Revised Code. | 90346 |
| (E) Notwithstanding anything to the contrary in Chapter 3317. | 90347 |
| of the Revised Code, for purposes of computing the payments under | 90348 |
| that chapter for fiscal years 2010 and 2011 authorized under this | 90349 |
| section, for which "state share percentage" is a factor, the | 90350 |
| Department shall use the state share percentage computed for each | 90351 |
| district for fiscal year 2009. | 90352 |
| (F) For fiscal years 2010 and 2011, when calculating payments | 90353 |
| under Chapter 3317. of the Revised Code as authorized under this | 90354 |
| section, and for purposes of sections 3310.09, 3313.98, 3313.981, | 90355 |
| 3314.03, 3314.08, 3314.13, 3315.17, 3315.18, 3326.31, 3326.33, and | 90356 |
| 3365.01 of the Revised Code and any other provision of law with | 90357 |
| respect to education financing: | 90358 |
| (1) The "formula amount" equals $5,746 for fiscal year 2010 | 90359 |
| and $5,775 for fiscal year 2011. | 90360 |
| (2) The base funding supplements shall equal the per pupil | 90361 |
| amounts calculated under division (C)(1) of section 3317.012 of | 90362 |
| the Revised Code for fiscal year 2009. | 90363 |
| (3) Special education additional weighted funding shall be | 90364 |
| calculated by multiplying the applicable weight specified in | 90365 |
| section 3317.013 of the Revised Code for fiscal year 2009 times | 90366 |
| the formula amount specified in division (F)(1) of this section. | 90367 |
| (4) The special education catastrophic cost threshold for | 90368 |
| fiscal years 2010 and 2011 is $27,375 for students in categories | 90369 |
| two through five special education ADM and $32,850 for students in | 90370 |
| category six special education ADM. | 90371 |
| (5) Vocational education additional weighted funding shall be | 90372 |
| calculated by multiplying the applicable weight specified in | 90373 |
| section 3317.014 of the Revised Code for fiscal year 2009 times | 90374 |
| the formula amount specified in division (F)(1) of this section. | 90375 |
| (G) This section does not affect the provisions of sections | 90376 |
| 3317.031, 3317.032, 3317.033, 3317.035, 3317.061, 3317.08, | 90377 |
| 3317.081, 3317.082, 3317.09, 3317.12, 3317.13, 3317.14, 3317.15, | 90378 |
| 3317.50, 3317.51, 3317.62, 3317.63, and 3317.64 of the Revised | 90379 |
| Code. | 90380 |
| Section 265.30.42. FUNDING FOR CITY, EXEMPTED VILLAGE, AND | 90381 |
| LOCAL SCHOOL DISTRICTS | 90382 |
| For each of fiscal years 2010 and 2011, the Department of | 90383 |
| Education shall pay each city, exempted village, and local school | 90384 |
| district that received operating funding in fiscal year 2009 the | 90385 |
| sum of the state funding base for that year prescribed in division | 90386 |
| (A) of this section, plus the funding enhancement prescribed in | 90387 |
| division (B) of this section, plus the all-day kindergarten | 90388 |
| expansion payment prescribed in division (C) of this section. | 90389 |
| (A) The state funding base for a district for fiscal year | 90390 |
| 2010 and fiscal year 2011 equals the sum of the following | 90391 |
| computed for fiscal year 2009, as reconciled by the department, | 90392 |
| less any general revenue fund spending reductions ordered by the | 90393 |
| Governor for fiscal year 2009 under section 126.05 of the Revised | 90394 |
| Code: | 90395 |
| (1) Base-cost funding under division (A) of section 3317.022 | 90396 |
| of the Revised Code; | 90397 |
| (2) Special education and related services additional | 90398 |
| weighted funding under division (C)(1) of section 3317.022 of the | 90399 |
| Revised Code; | 90400 |
| (3) Speech services funding under division (C)(4) of section | 90401 |
| 3317.022 of the Revised Code; | 90402 |
| (4) Vocational education additional weighted funding under | 90403 |
| division (E) of section 3317.022 of the Revised Code; | 90404 |
| (5) GRADS funding under division (N) of section 3317.024 of | 90405 |
| the Revised Code; | 90406 |
| (6) Adjustments for classroom teachers and educational | 90407 |
| service personnel under divisions (B), (C), and (D) of section | 90408 |
| 3317.023 of the Revised Code; | 90409 |
| (7) Gifted education units under division (L) of section | 90410 |
| 3317.024 and section 3317.05 of the Revised Code; | 90411 |
| (8) Transportation under Section 269.20.80 of Am. Sub. H.B. | 90412 |
| 119 of the 127th general assembly; | 90413 |
| (9) The excess cost supplement under division (F) of section | 90414 |
| 3317.022 of the Revised Code; | 90415 |
| (10) The charge-off supplement under section 3317.0216 of the | 90416 |
| Revised Code; | 90417 |
| (11) Transitional aid under Section 269.30.80 of Am. Sub. | 90418 |
| H.B. 119 of the 127th general assembly. | 90419 |
| (B)(1) The funding enhancement for a district for fiscal year | 90420 |
| 2010 shall be computed as follows: | 90421 |
| (a) Except as provided in division (B)(1)(b) of this section, | 90422 |
| 0.0025 times the district's state funding base; | 90423 |
| (b) If the district's formula ADM for fiscal year 2010 is at | 90424 |
| least 2.00% greater than the district's formula ADM for fiscal | 90425 |
| year 2009, 0.02 times the district's state funding base. | 90426 |
| (2) The funding enhancement for a district for fiscal year | 90427 |
| 2011 shall be computed as follows: | 90428 |
| (a) Except as provided in division (B)(2)(b) of this section, | 90429 |
| 0.005 times the sum of the district's state funding base plus the | 90430 |
| district's funding enhancement payment for fiscal year 2010 under | 90431 |
| division (B)(1) of this section; | 90432 |
| (b) If the district's formula ADM for fiscal year 2011 is at | 90433 |
| least 2.00% greater than the district's formula ADM for fiscal | 90434 |
| year 2010, 0.02 times the sum of the district's state funding base | 90435 |
| for fiscal year 2011 plus the district's funding enhancement | 90436 |
| payment for fiscal year 2010 under division (B)(1) of this | 90437 |
| section. | 90438 |
| (3) When determining districts that qualify for the funding | 90439 |
| enhancement under division (B)(1)(b) or (2)(b) of this section, | 90440 |
| the Department shall calculate formula ADM percentage growth to | 90441 |
| the hundredths of a per cent. | 90442 |
| (4) As used in division (B) of this section, "formula ADM" | 90443 |
| has the same meaning as in section 3317.02 of the Revised Code. | 90444 |
| (C)(1) The all-day kindergarten expansion payment shall be | 90445 |
| paid only to city, exempted village, and local school districts | 90446 |
| that satisfy the requirements of this division. The payment shall | 90447 |
| be computed in the manner prescribed by division (D) of section | 90448 |
| 3317.029 of the Revised Code. | 90449 |
| (a) A district is eligible for the payment for fiscal year | 90450 |
| 2010 if it did not receive a payment under division (D) of section | 90451 |
| 3317.029 of the Revised Code for fiscal year 2009 and its poverty | 90452 |
| index for that fiscal year was not less than 0.80. | 90453 |
| (b) A district is eligible for the payment for fiscal year | 90454 |
| 2011 if it did not receive a payment under division (D) of section | 90455 |
| 3317.029 of the Revised Code for fiscal year 2009 and its poverty | 90456 |
| index for that fiscal year was not less than 0.75. | 90457 |
| As used in this division, "poverty index" has the same | 90458 |
| meaning as in section 3317.029 of the Revised Code. | 90459 |
| (2) If at any time the Superintendent of Public Instruction | 90460 |
| determines that a school district receiving funds under division | 90461 |
| (C)(1) of this section has enrolled fewer than the number of | 90462 |
| all-day kindergarten students reported for that fiscal year, the | 90463 |
| Superintendent shall withhold from the funds otherwise due the | 90464 |
| district under that division a proportional amount as determined | 90465 |
| by the difference in the certified all-day kindergarten ADM and | 90466 |
| the actual all-day kindergarten ADM. | 90467 |
| Section 265.30.43. FUNDING FOR COMMUNITY SCHOOLS | 90468 |
| In fiscal years 2010 and 2011, the Department of Education | 90469 |
| shall make the deductions and payments for each student enrolled | 90470 |
| in a community school, established under Chapter 3314. of the | 90471 |
| Revised Code, in the manner prescribed by divisions (C) and (D) of | 90472 |
| section 3314.08 and section 3314.13 of the Revised Code, except | 90473 |
| that, for each of those fiscal years: | 90474 |
| (A) "State education aid" for a school district from which a | 90475 |
| deduction is made shall mean the amount paid to the district for | 90476 |
| that fiscal year under Section 265.30.42 of this act. | 90477 |
| (B) The per pupil amount deducted from a district under | 90478 |
| division (C)(4), (5), (6), (7), (8), or (9) of section 3314.08 of | 90479 |
| the Revised Code and the corresponding per pupil amount paid to a | 90480 |
| community school under division (D)(5), (6), (7), (8), (9), or | 90481 |
| (10) of that section shall be the same respective per pupil amount | 90482 |
| deducted or paid under those divisions for fiscal year 2009. | 90483 |
| (C) If an amount paid to a community school under section | 90484 |
| 3314.13 of the Revised Code is required by that section to be | 90485 |
| deducted from the school district in which the student is entitled | 90486 |
| to attend school, that amount shall be deducted from that | 90487 |
| district's payment under Section 265.30.42 of this act. Otherwise, | 90488 |
| that amount shall be paid out of the funds appropriated under | 90489 |
| appropriation item 200550, Foundation Funding. As used in this | 90490 |
| division, "entitled to attend school" has the same meaning as in | 90491 |
| section 3314.08 of the Revised Code. | 90492 |
| Section 265.30.44. STEM SCHOOL FUNDING | 90493 |
| In fiscal years 2010 and 2011, the Department of Education | 90494 |
| shall make the deductions and payments for each student enrolled | 90495 |
| in a STEM school, established under Chapter 3326. of the Revised | 90496 |
| Code, in the manner prescribed by sections 3326.31 to 3326.49 and | 90497 |
| 3326.51 of the Revised Code, except that, for each of those fiscal | 90498 |
| years: | 90499 |
| (A) "State education aid" for a school district from which a | 90500 |
| deduction is made shall mean the amount paid to the district for | 90501 |
| that fiscal year under Section 265.30.42 of this act. | 90502 |
| (B) The per pupil amount deducted from a district and paid to | 90503 |
| a STEM school under division (D), (E), (F), or (G) of section | 90504 |
| 3326.33 of the Revised Code shall be the same respective per pupil | 90505 |
| amount deducted or paid under those divisions for fiscal year | 90506 |
| 2009. | 90507 |
| Section 265.30.45. STATE EDUCATION AID OFFSET | 90508 |
| Notwithstanding anything to the contrary in sections 5727.84 | 90509 |
| to 5727.87 or sections 5751.20 to 5751.22 of the Revised Code, | 90510 |
| when calculating payments under those sections for fiscal years | 90511 |
| 2010 and 2011, the Department of Education shall use for each | 90512 |
| district for each fiscal year the respective "state education aid | 90513 |
| offset" amount calculated for the district for fiscal year 2009. | 90514 |
| Section 265.30.47. STUDENT-CENTERED EVIDENCE-BASED FUNDING | 90515 |
| COUNCIL | 90516 |
| (A) The Student-Centered Evidence-Based Funding Council is | 90517 |
| hereby established. The council shall develop a student-centered | 90518 |
| evidence-based funding model for schools that will establish a per | 90519 |
| pupil level of funding to follow a student to the school that best | 90520 |
| meets the student's individual learning needs. The model shall be | 90521 |
| comprised of components that the council determines to be most | 90522 |
| likely to result in improved student achievement and readiness for | 90523 |
| post-secondary education and employment. The council shall make | 90524 |
| its determinations based on current, rigorous, research-based | 90525 |
| evidence affecting student success. | 90526 |
| The council shall examine the cost-benefit of an extended | 90527 |
| school day and school year for all students or for students in | 90528 |
| need of additional academic intervention. | 90529 |
| The council shall examine the cost-benefit and effectiveness | 90530 |
| of universal class size reductions in lower grades across all | 90531 |
| schools statewide versus class size reductions among schools | 90532 |
| targeted by socioeconomic or other educationally relevant factors. | 90533 |
| The council shall also examine alternatives to class size | 90534 |
| reduction, where the research suggests that such alternatives | 90535 |
| might offer equal or superior outcomes. | 90536 |
| The council shall examine the range of effective additional | 90537 |
| services needed for successfully serving economically | 90538 |
| disadvantaged students. The council shall recommend an appropriate | 90539 |
| level of supplemental funding for the identified services. | 90540 |
| The council shall examine whether all-day every-day | 90541 |
| kindergarten should be required for all students in all schools or | 90542 |
| whether all-day every-day kindergarten should be offered based on | 90543 |
| student need as determined by socioeconomic and other relevant | 90544 |
| factors. The council shall also examine other early learning | 90545 |
| services either in lieu of, or in addition to, all-day every-day | 90546 |
| kindergarten where the research suggests that such alternatives | 90547 |
| might offer equal or superior outcomes. | 90548 |
| The council shall examine whether schools should have the | 90549 |
| flexibility to tailor the composition of the local basket of | 90550 |
| educational services in a manner that might differ from the | 90551 |
| specifications of the funding model computation. The council shall | 90552 |
| examine how such variation might be documented in order to | 90553 |
| determine whether the local outcomes are at least equivalent to | 90554 |
| outcome objectives of the funding model. | 90555 |
| The council shall examine the effects of alternative local | 90556 |
| share requirements on the overall equity of the school funding | 90557 |
| system. The council shall recommend an appropriate local share | 90558 |
| level for the state funding formula. | 90559 |
| The council shall examine the local funding capacity above | 90560 |
| the adequate education funding level. The council shall recommend | 90561 |
| an appropriate level of enhancement funding for low property | 90562 |
| wealth schools if needed. | 90563 |
| The council is subject to the Open Meetings Law, in section | 90564 |
| 121.22 of the Revised Code, to ensure debate occurs in an open, | 90565 |
| transparent manner. | 90566 |
| The council is subject to the Public Records Law in section | 90567 |
| 149.43 of the Revised Code. | 90568 |
| (B) The council shall consist of all the following members: | 90569 |
| (1) The Governor, who shall be the chair of the council; | 90570 |
| (2) The Superintendent of Public Instruction; | 90571 |
| (3) The Chancellor of the Ohio Board of Regents; | 90572 |
| (4) Two school district teachers, appointed by the Governor; | 90573 |
| (5) Two nonteaching, nonadministrative school district | 90574 |
| employees, appointed by the Governor; | 90575 |
| (6) One school district principal, appointed by the Speaker | 90576 |
| of the House of Representatives; | 90577 |
| (7) One school district superintendent, appointed by the | 90578 |
| President of the Senate; | 90579 |
| (8) One school district treasurer, appointed by the Speaker | 90580 |
| of the House of Representatives; | 90581 |
| (9) One member of a school district board, appointed by the | 90582 |
| President of the Senate; | 90583 |
| (10) One representative of a college of education, appointed | 90584 |
| by the Speaker of the House of Representatives; | 90585 |
| (11) One representative of the business community, appointed | 90586 |
| by the President of the Senate; | 90587 |
| (12) One representative of a philanthropic organization, | 90588 |
| appointed by the Speaker of the House of Representatives; | 90589 |
| (13) One representative of the Ohio Academy of Science, | 90590 |
| appointed by the President of the Senate; | 90591 |
| (14) One representative of the general public, appointed by | 90592 |
| the President of the Senate; | 90593 |
| (15) One representative of educational service centers, | 90594 |
| appointed by the Speaker of the House of Representatives; | 90595 |
| (16) One parent of a student attending a school operated by a | 90596 |
| school district, appointed by the Governor; | 90597 |
| (17) One representative of community school sponsors, | 90598 |
| appointed by the Governor; | 90599 |
| (18) One representative of operators of community schools, | 90600 |
| appointed by the President of the Senate; | 90601 |
| (19) One community school fiscal officer, appointed by the | 90602 |
| Speaker of the House of Representatives; | 90603 |
| (20) One parent of a student attending a community school, | 90604 |
| appointed by the President of the Senate; | 90605 |
| (21) One representative of early childhood education | 90606 |
| providers, appointed by the Governor; | 90607 |
| (22) One representative of chartered nonpublic schools, | 90608 |
| appointed by the Speaker of the House of Representatives; | 90609 |
| (23) Two persons appointed by the President of the Senate, | 90610 |
| one of whom shall be recommended by the Minority Leader of the | 90611 |
| Senate; | 90612 |
| (24) Two persons appointed by the Speaker of the House of | 90613 |
| Representatives, one of whom shall be recommended by the Minority | 90614 |
| Leader of the House of Representatives. | 90615 |
| (C) The council shall submit recommendations to the General | 90616 |
| Assembly, in accordance with section 101.68 of the Revised Code, | 90617 |
| the State Board of Education, and the Ohio Board of Regents not | 90618 |
| later than September 7, 2010. The council shall cease to exist on | 90619 |
| September 7, 2010. | 90620 |
| (D) Staff assistance shall be provided to the council by the | 90621 |
| Department of Education. | 90622 |
| Section 265.30.50. FUNDING FOR JOINT VOCATIONAL SCHOOL | 90623 |
| DISTRICTS | 90624 |
| (A) The Department of Education shall distribute funds within | 90625 |
| appropriation item 200550, Foundation Funding, for joint | 90626 |
| vocational funding in each fiscal year to each joint vocational | 90627 |
| school district that received joint vocational funding in fiscal | 90628 |
| year 2009. The Department shall distribute to each such district | 90629 |
| joint vocational funding in an amount equal to the district's | 90630 |
| joint vocational funding from the previous fiscal year inflated | 90631 |
| by 1.9 per cent. | 90632 |
| (B)(1) A district's fiscal year 2009 joint vocational | 90633 |
| funding equals the sum of the following, as reconciled by the | 90634 |
| Department: | 90635 |
| (a) Base-cost funding under division (B) of section 3317.16 | 90636 |
| of the Revised Code; | 90637 |
| (b) Special education and related services additional | 90638 |
| weighted funding under division (D)(1) of section 3317.16 of the | 90639 |
| Revised Code; | 90640 |
| (c) Speech services funding under division (D)(2) of section | 90641 |
| 3317.16 of the Revised Code; | 90642 |
| (d) Vocational education additional weighted funding under | 90643 |
| division (C) of section 3317.16 of the Revised Code; | 90644 |
| (e) GRADS funding under division (N) of section 3317.024 of | 90645 |
| the Revised Code; | 90646 |
| (f) Any transitional aid computed for the district under | 90647 |
| Section 269.30.90 of Am. Sub. H.B. 119 of the 127th General | 90648 |
| Assembly. | 90649 |
| (2) The joint vocational funding for each fiscal year for | 90650 |
| each district is the amount specified in division (A) or (B) of | 90651 |
| this section less any general revenue fund spending reductions | 90652 |
| ordered by the Governor under section 126.05 of the Revised Code. | 90653 |
| Section 265.30.55. Not later than the ninety-first day after | 90654 |
| the effective date of this section, the Department of Education | 90655 |
| shall notify the superintendent of each school district by letter | 90656 |
| of the amount of federal funding the department expects the | 90657 |
| district will receive under the American Recovery and Reinvestment | 90658 |
| Act of 2009, Pub. L. No. 111-5, over the 2009-2011 fiscal | 90659 |
| biennium. The letter also shall state that such funding is a | 90660 |
| one-time supplemental appropriation and the future continuation of | 90661 |
| such funding cannot be guaranteed. | 90662 |
| Not later than the thirty-first day after receipt of the | 90663 |
| letter, each district superintendent shall sign an acknowledgement | 90664 |
| of receipt of the letter and return it to the department. | 90665 |
| Each district superintendent also shall promptly forward a | 90666 |
| copy of the letter to the president of the district board of | 90667 |
| education, who shall place the acknowledgment of the letter on the | 90668 |
| board's next meeting agenda. The board through its president shall | 90669 |
| sign an acknowledgement of receipt of the letter and return it to | 90670 |
| the department. | 90671 |
| Section 265.30.56. By a date set by the Superintendent of | 90672 |
| Public Instruction, the board of education of each school district | 90673 |
| shall adopt by resolution a draft indicating how the board plans | 90674 |
| to deploy the funds the district will receive under the American | 90675 |
| Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, over the | 90676 |
| 2009-2011 fiscal biennium, and submit that draft plan to the | 90677 |
| Department of Education. Each board also shall post its draft plan | 90678 |
| on its web site if it has one. | 90679 |
| Section 265.30.70. VIOLENCE PREVENTION AND SCHOOL SAFETY | 90680 |
| Of the foregoing appropriation item 200578, Violence | 90681 |
| Prevention and School Safety, up to $224,250 in each fiscal year | 90682 |
| shall be used to fund a safe school center to provide resources | 90683 |
| for parents and for school and law enforcement personnel. | 90684 |
| The remainder of the appropriation shall be distributed based | 90685 |
| on guidelines developed by the Department of Education to enhance | 90686 |
| school safety. The guidelines shall provide a list of | 90687 |
| research-based best practices and programs from which local | 90688 |
| grantees shall select based on local needs. These practices shall | 90689 |
| include, but not be limited to, school resource officers and safe | 90690 |
| and drug free school coordinators and social-emotional development | 90691 |
| programs. | 90692 |
| Section 265.30.80. PROPERTY TAX ALLOCATION - EDUCATION | 90693 |
| The Superintendent of Public Instruction shall not request, | 90694 |
| and the Controlling Board shall not approve, the transfer of | 90695 |
| appropriation from appropriation item 200901, Property Tax | 90696 |
| Allocation - Education, to any other appropriation item. | 90697 |
| The appropriation item 200901, Property Tax Allocation - | 90698 |
| Education, is appropriated to pay for the state's costs incurred | 90699 |
| because of the homestead exemption, the property tax rollback, and | 90700 |
| payments required under division (C) of section 5705.2110 of the | 90701 |
| Revised Code. In cooperation with the Department of Taxation, the | 90702 |
| Department of Education shall distribute these funds directly to | 90703 |
| the appropriate school districts of the state, notwithstanding | 90704 |
| sections 321.24 and 323.156 of the Revised Code, which provide for | 90705 |
| payment of the homestead exemption and property tax rollback by | 90706 |
| the Tax Commissioner to the appropriate county treasurer and the | 90707 |
| subsequent redistribution of these funds to the appropriate local | 90708 |
| taxing districts by the county auditor. | 90709 |
| Upon receipt of these amounts, each school district shall | 90710 |
| distribute the amount among the proper funds as if it had been | 90711 |
| paid as real or tangible personal property taxes. Payments for the | 90712 |
| costs of administration shall continue to be paid to the county | 90713 |
| treasurer and county auditor as provided for in sections 319.54, | 90714 |
| 321.26, and 323.156 of the Revised Code. | 90715 |
| Any sums, in addition to the amount specifically appropriated | 90716 |
| in appropriation items 200901, Property Tax Allocation - | 90717 |
| Education, for the homestead exemption and the property tax | 90718 |
| rollback payments, and payments required under division (C) of | 90719 |
| section 5705.2110 of the Revised Code, which are determined to be | 90720 |
| necessary for these purposes, are hereby appropriated. | 90721 |
| Section 265.30.90. TEACHER CERTIFICATION AND LICENSURE | 90722 |
| The foregoing appropriation item 200681, Teacher | 90723 |
| Certification and Licensure, shall be used by the Department of | 90724 |
| Education in each year of the biennium to administer and support | 90725 |
| teacher certification and licensure activities. | 90726 |
| SCHOOL DISTRICT SOLVENCY ASSISTANCE | 90727 |
| Of the foregoing appropriation item 200687, School District | 90728 |
| Solvency Assistance, $9,000,000 in each fiscal year shall be | 90729 |
| allocated to the School District Shared Resource Account and | 90730 |
| $9,000,000 in each fiscal year shall be allocated to the | 90731 |
| Catastrophic Expenditures Account. These funds shall be used to | 90732 |
| provide assistance and grants to school districts to enable them | 90733 |
| to remain solvent under section 3316.20 of the Revised Code. | 90734 |
| Assistance and grants shall be subject to approval by the | 90735 |
| Controlling Board. Any required reimbursements from school | 90736 |
| districts for solvency assistance shall be made to the appropriate | 90737 |
| account in the School District Solvency Assistance Fund (Fund | 90738 |
| 5H30). | 90739 |
| Notwithstanding any provision of law to the contrary, upon | 90740 |
| the request of the Superintendent of Public Instruction, the | 90741 |
| Director of Budget and Management may make transfers to the School | 90742 |
| District Solvency Assistance Fund (Fund 5H30) from any fund used | 90743 |
| by the Department of Education or the General Revenue Fund to | 90744 |
| maintain sufficient cash balances in Fund 5H30 in fiscal years | 90745 |
| 2010 and 2011. Any cash transferred is hereby appropriated. The | 90746 |
| transferred cash may be used by the Department of Education to | 90747 |
| provide assistance and grants to school districts to enable them | 90748 |
| to remain solvent and to pay unforeseeable expenses of a | 90749 |
| temporary or emergency nature that the school district is unable | 90750 |
| to pay from existing resources. The Director of Budget and | 90751 |
| Management shall notify the members of the Controlling Board of | 90752 |
| any such transfers. | 90753 |
| Section 265.40.10. SCHOOLS MEDICAID ADMINISTRATIVE CLAIMS | 90754 |
| Upon the request of the Superintendent of Public Instruction, | 90755 |
| the Director of Budget and Management may transfer up to $639,000 | 90756 |
| cash in each fiscal year from the General Revenue Fund to the | 90757 |
| Schools Medicaid Administrative Claims Fund (Fund 3AF0). The | 90758 |
| transferred cash is to be used by the Department of Education to | 90759 |
| pay the expenses the Department incurs in administering the | 90760 |
| Medicaid School Component of the Medicaid program established | 90761 |
| under sections 5111.71 to 5111.715 of the Revised Code. On June 1 | 90762 |
| of each fiscal year, or as soon as possible thereafter, the | 90763 |
| Director of Budget and Management shall transfer cash from Fund | 90764 |
| 3AF0 back to the General Revenue Fund in an amount equal to the | 90765 |
| total amount transferred to Fund 3AF0 in that fiscal year. | 90766 |
| The money deposited into Fund 3AF0 under division (B) of | 90767 |
| section 5111.714 of the Revised Code is hereby appropriated for | 90768 |
| fiscal years 2010 and 2011 and shall be used in accordance with | 90769 |
| division (D) of section 5111.714 of the Revised Code. | 90770 |
| Section 265.40.20. READING FIRST | 90771 |
| The foregoing appropriation item 200632, Reading First, | 90772 |
| shall be used by school districts to administer federal diagnostic | 90773 |
| tests as well as other functions permitted by federal statute. | 90774 |
| Notwithstanding section 3301.079 of the Revised Code, federal | 90775 |
| diagnostic tests may be recognized as meeting the state diagnostic | 90776 |
| testing requirements outlined in section 3301.079 of the Revised | 90777 |
| Code. | 90778 |
| HALF-MILL MAINTENANCE EQUALIZATION | 90779 |
| The foregoing appropriation item 200626, Half-Mill | 90780 |
| Maintenance Equalization, shall be used to make payments pursuant | 90781 |
| to section 3318.18 of the Revised Code. | 90782 |
| Section 265.40.30. START-UP FUNDS | 90783 |
| Funds appropriated for the purpose of providing start-up | 90784 |
| grants to Title IV-A Head Start and Title IV-A Head Start Plus | 90785 |
| agencies in fiscal year 2004 and fiscal year 2005 for the | 90786 |
| provision of services to children eligible for Title IV-A services | 90787 |
| under the Title IV-A Head Start or Title IV-A Head Start Plus | 90788 |
| programs shall be reimbursed to the General Revenue Fund as | 90789 |
| follows: | 90790 |
| (A) If, for fiscal years 2010 or 2011, an entity that was a | 90791 |
| Title IV-A Head Start or Title IV-A Head Start Plus agency will | 90792 |
| not be an early learning agency or early learning provider, the | 90793 |
| entity shall repay the entire amount of the start-up grant it | 90794 |
| received in fiscal year 2004 and fiscal year 2005 not later than | 90795 |
| June 30, 2019, in accordance with a payment schedule agreed to | 90796 |
| by the Department of Education. | 90797 |
| (B) If an entity that was a Title IV-A Head Start or Title | 90798 |
| IV-A Head Start Plus agency in fiscal year 2004 or fiscal year | 90799 |
| 2005 will be an early learning agency or early learning provider | 90800 |
| in fiscal year 2010 and fiscal year 2011, the entity shall be | 90801 |
| allowed to retain any amount of the start-up grant it received, | 90802 |
| unless division (D) of this section applies to the entity. In that | 90803 |
| case, the entity shall repay the entire amount of the obligation | 90804 |
| described in that division not later than June 30, 2019. | 90805 |
| (C) Within ninety days after the closure of an early learning | 90806 |
| agency or early learning provider that was a Title IV-A Head Start | 90807 |
| Plus agency in fiscal year 2004 or fiscal year 2005, the former | 90808 |
| Title IV-A Head Start agencies, Title IV-A Head Start Plus | 90809 |
| agencies, and the Department of Education shall determine the | 90810 |
| repayment schedule for amounts owed under division (A) of this | 90811 |
| section. These amounts shall be paid to the state not later than | 90812 |
| June 30, 2019. | 90813 |
| (D) If an entity that was a Title IV-A Head Start or Title | 90814 |
| IV-A Head Start Plus agency in fiscal year 2004 or fiscal year | 90815 |
| 2005 owed the state any portion of the start-up grant amount | 90816 |
| during fiscal year 2006 or fiscal year 2007 but failed to repay | 90817 |
| the entire amount of the obligation by June 30, 2007, the entity | 90818 |
| shall be given an extension for repayment through June 30, 2019, | 90819 |
| before any amounts remaining due and payable to the state are | 90820 |
| referred to the Attorney General for collection under section | 90821 |
| 131.02 of the Revised Code. | 90822 |
| (E) Any Title IV-A Head Start or Title IV-A Head Start Plus | 90823 |
| start-up grants that are retained by early learning agencies or | 90824 |
| early learning providers pursuant to this section shall be | 90825 |
| reimbursed to the General Revenue Fund when the early learning | 90826 |
| program ceases or if an early learning agency's or early learning | 90827 |
| provider's participation in the early learning program ceases or | 90828 |
| is terminated. | 90829 |
| Section 265.40.40. AUXILIARY SERVICES REIMBURSEMENT | 90830 |
| Notwithstanding section 3317.064 of the Revised Code, if the | 90831 |
| unexpended, unencumbered cash balance is sufficient, the Treasurer | 90832 |
| of State shall transfer $1,500,000 in fiscal year 2010 within | 90833 |
| thirty days after the effective date of this section, and | 90834 |
| $1,500,000 in fiscal year 2011 by August 1, 2010, from the | 90835 |
| Auxiliary Services Personnel Unemployment Compensation Fund to the | 90836 |
| Auxiliary Services Reimbursement Fund (Fund 5980) used by the | 90837 |
| Department of Education. | 90838 |
| Section 265.40.50. LOTTERY PROFITS EDUCATION FUND | 90839 |
| Appropriation item 200612, Foundation Funding (Fund 7017), | 90840 |
| shall be used in conjunction with appropriation item 200550, | 90841 |
| Foundation Funding (GRF), to provide state foundation payments to | 90842 |
| school districts. | 90843 |
| The Department of Education, with the approval of the | 90844 |
| Director of Budget and Management, shall determine the monthly | 90845 |
| distribution schedules of appropriation item 200550, Foundation | 90846 |
| Funding (GRF), and appropriation item 200612, Foundation Funding | 90847 |
| (Fund 7017). If adjustments to the monthly distribution schedule | 90848 |
| are necessary, the Department of Education shall make such | 90849 |
| adjustments with the approval of the Director of Budget and | 90850 |
| Management. | 90851 |
| Section 265.40.60. LOTTERY PROFITS EDUCATION RESERVE FUND | 90852 |
| (A) There is hereby created the Lottery Profits Education | 90853 |
| Reserve Fund (Fund 7018) in the State Treasury. Investment | 90854 |
| earnings of the Lottery Profits Education Reserve Fund shall be | 90855 |
| credited to the fund. The Superintendent of Public Instruction may | 90856 |
| certify cash balances exceeding $75,000,000 in Fund 7018 to the | 90857 |
| Director of Budget and Management in June of any given fiscal | 90858 |
| year. Prior to making the certification, the Superintendent of | 90859 |
| Public Instruction shall determine whether the funds above the | 90860 |
| $75,000,000 threshold are needed to help pay for foundation | 90861 |
| program obligations for that fiscal year. | 90862 |
| For fiscal years 2010 and 2011, notwithstanding any | 90863 |
| provisions of law to the contrary, amounts necessary to make loans | 90864 |
| authorized by sections 3317.0210, 3317.0211, and 3317.62 of the | 90865 |
| Revised Code are hereby appropriated to Fund 7018. Loan repayments | 90866 |
| from loans made in previous years shall be deposited to the | 90867 |
| fund. | 90868 |
| (B) On July 15, 2009, or as soon as possible thereafter, the | 90869 |
| Director of the Ohio Lottery Commission shall certify to the | 90870 |
| Director of Budget and Management the amount by which lottery | 90871 |
| profit transfers received by the Lottery Profits Education Fund | 90872 |
| (Fund 7017) exceeded $667,900,000 in fiscal year 2009. The | 90873 |
| Director of Budget and Management may transfer the amount so | 90874 |
| certified, plus the cash balance in Fund 7017, to Fund 7018. | 90875 |
| (C) On July 15, 2010, or as soon as possible thereafter, the | 90876 |
| Director of the Ohio Lottery Commission shall certify to the | 90877 |
| Director of Budget and Management the amount by which lottery | 90878 |
| profit transfers received by Fund 7017 exceeded $705,000,000 in | 90879 |
| fiscal year 2010. The Director of Budget and Management may | 90880 |
| transfer the amount so certified, plus the cash balance in Fund | 90881 |
| 7017, to Fund 7018. | 90882 |
| (D) Any amounts transferred under division (B) or (C) of this | 90883 |
| section may be made available by the Controlling Board in fiscal | 90884 |
| years 2010 or 2011, at the request of the Superintendent of Public | 90885 |
| Instruction, to provide assistance and grants to school districts | 90886 |
| to enable them to remain solvent and to pay unforeseeable expenses | 90887 |
| of a temporary or emergency nature that they are unable to pay | 90888 |
| from existing resources under section 3316.20 of the Revised Code, | 90889 |
| and to provide state foundation payments to school districts. | 90890 |
| Section 265.40.70. GENERAL REVENUE FUND TRANSFERS TO SCHOOL | 90891 |
| DISTRICT PROPERTY TAX REPLACEMENT - BUSINESS (FUND 7047) | 90892 |
| Notwithstanding any provision of law to the contrary, in | 90893 |
| fiscal year 2010 and fiscal year 2011 the Director of Budget and | 90894 |
| Management may make temporary transfers between the General | 90895 |
| Revenue Fund and the School District Property Tax Replacement – | 90896 |
| Business Fund (Fund 7047) in the Department of Education to ensure | 90897 |
| sufficient balances in Fund 7047 and to replenish the General | 90898 |
| Revenue Fund for such transfers. | 90899 |
| Section 265.40.80. SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - | 90900 |
| BUSINESS | 90901 |
| The foregoing appropriation item 200909, School District | 90902 |
| Property Tax Replacement – Business, shall be used by the | 90903 |
| Department of Education, in consultation with the Department of | 90904 |
| Taxation, to make payments to school districts and joint | 90905 |
| vocational school districts under section 5751.21 of the Revised | 90906 |
| Code. If it is determined by the Director of Budget and | 90907 |
| Management that additional appropriations are necessary for this | 90908 |
| purpose, such amounts are hereby appropriated. | 90909 |
| SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - UTILITY | 90910 |
| The foregoing appropriation item 200900, School District | 90911 |
| Property Tax Replacement-Utility, shall be used by the Department | 90912 |
| of Education, in consultation with the Department of Taxation, to | 90913 |
| make payments to school districts and joint vocational school | 90914 |
| districts under section 5727.85 of the Revised Code. If it is | 90915 |
| determined by the Director of Budget and Management that | 90916 |
| additional appropriations are necessary for this purpose, such | 90917 |
| amounts are hereby appropriated. | 90918 |
| DISTRIBUTION FORMULAS | 90919 |
| The Department of Education shall report the following to the | 90920 |
| Director of Budget and Management and the Legislative Service | 90921 |
| Commission: | 90922 |
| (A) Changes in formulas for distributing state | 90923 |
| appropriations, including administratively defined formula | 90924 |
| factors; | 90925 |
| (B) Discretionary changes in formulas for distributing | 90926 |
| federal appropriations; | 90927 |
| (C) Federally mandated changes in formulas for distributing | 90928 |
| federal appropriations. | 90929 |
| Any such changes shall be reported two weeks prior to the | 90930 |
| effective date of the change. | 90931 |
| Section 265.50.10. EDUCATIONAL SERVICE CENTERS FUNDING | 90932 |
| (A) As used in this section: | 90933 |
| (1) "Internet- or computer-based community school" has the | 90934 |
| same meaning as in section 3314.02 of the Revised Code. | 90935 |
| (2) "Service center ADM" has the same meaning as in section | 90936 |
| 3317.11 of the Revised Code. | 90937 |
| (3) "STEM school" means a science, technology, engineering, | 90938 |
| and mathematics school established under Chapter 3326. of the | 90939 |
| Revised Code. | 90940 |
| (B) Notwithstanding division (F) of section 3317.11 of the | 90941 |
| Revised Code, no funds shall be provided under that division to an | 90942 |
| educational service center in either fiscal year for any pupils of | 90943 |
| a city or exempted village school district unless an agreement to | 90944 |
| provide services under section 3313.843 of the Revised Code was | 90945 |
| entered into by January 1, 1997, except that funds shall be | 90946 |
| provided to an educational service center for any pupils of a city | 90947 |
| school district if the agreement to provide services was entered | 90948 |
| into within one year of the date upon which such district changed | 90949 |
| from a local school district to a city school district. | 90950 |
| If an educational service center that entered into an | 90951 |
| agreement by January 1, 1997, with a city or exempted village | 90952 |
| school district to provide services under section 3313.843 of the | 90953 |
| Revised Code ceases to operate because all of the local school | 90954 |
| districts that constituted the territory of the service center | 90955 |
| have severed from the service center pursuant to section 3311.059 | 90956 |
| of the Revised Code, another educational service center, by | 90957 |
| resolution of its governing board, may assume the obligations of | 90958 |
| the original service center to provide services to the city or | 90959 |
| exempted village school district under that agreement. If that | 90960 |
| other service center assumes those obligations to provide services | 90961 |
| to the city or exempted village school district, that service | 90962 |
| center shall be considered to be the service center that entered | 90963 |
| into the agreement by January 1, 1997, and, accordingly, may | 90964 |
| receive funds under division (F) of section 3317.11 of the Revised | 90965 |
| Code in accordance with this section in fiscal years 2010 and 2011 | 90966 |
| for pupils of that city or exempted village school district. | 90967 |
| (C) Notwithstanding any provision of the Revised Code to the | 90968 |
| contrary, an educational service center that sponsors a community | 90969 |
| school under Chapter 3314. of the Revised Code in either fiscal | 90970 |
| year may include the students of that community school in its | 90971 |
| service center ADM for purposes of state funding under division | 90972 |
| (F) of section 3317.11 of the Revised Code, unless the community | 90973 |
| school is an Internet- or computer-based community school. A | 90974 |
| service center shall include the community school students in its | 90975 |
| service center ADM only to the extent that the students are not | 90976 |
| already so included, and only in accordance with guidelines issued | 90977 |
| by the Department of Education. If the students of a community | 90978 |
| school sponsored by an educational service center are included in | 90979 |
| the service center ADM of another educational service center, | 90980 |
| those students shall be removed from the service center ADM of the | 90981 |
| other educational service center and added to the service center | 90982 |
| ADM of the community school's sponsoring service center. The | 90983 |
| General Assembly authorizes this procedure as an incentive for | 90984 |
| educational service centers to take over sponsorship of community | 90985 |
| schools from the State Board of Education as the State Board's | 90986 |
| sponsorship is phased out in accordance with Sub. H.B. 364 of the | 90987 |
| 124th General Assembly. No student of an Internet- or | 90988 |
| computer-based community school shall be counted in the service | 90989 |
| center ADM of any educational service center. The Department shall | 90990 |
| pay educational service centers under division (F) of section | 90991 |
| 3317.11 of the Revised Code for community school students included | 90992 |
| in their service center ADMs under this division only if | 90993 |
| sufficient funds earmarked within appropriation item 200550, | 90994 |
| Foundation Funding, for payments under that division remain after | 90995 |
| first paying for students attributable to their local and client | 90996 |
| school districts, in accordance with divisions (B) and (E) of this | 90997 |
| section. | 90998 |
| (D) Notwithstanding division (C) of section 3326.45 of the | 90999 |
| Revised Code, the Department shall pay educational service centers | 91000 |
| under division (H) of section 3317.11 of the Revised Code for | 91001 |
| services provided to STEM schools only if sufficient funds | 91002 |
| earmarked within appropriation item 200550, Foundation Funding, | 91003 |
| for payments under that division remain after first paying for | 91004 |
| students attributable to the local and client school districts of | 91005 |
| the service centers and for community school students in their | 91006 |
| service center ADMs, in accordance with divisions (B), (C), and | 91007 |
| (E) of this section. | 91008 |
| (E) If insufficient funds are earmarked within appropriation | 91009 |
| item 200550, Foundation Funding, for the full amount of payments | 91010 |
| to educational service centers, as calculated under this section | 91011 |
| and section 3317.11 of the Revised Code, the Department shall | 91012 |
| allocate funding to the service centers in accordance with the | 91013 |
| same methodology the Department used for that purpose for fiscal | 91014 |
| year 2009. | 91015 |
| Section 265.50.20. WAIVER OF PUPIL TO TEACHER RATIO | 91016 |
| For the school year commencing July 1, 2009, or the school | 91017 |
| year commencing July 1, 2010, or both, the Superintendent of | 91018 |
| Public Instruction may waive for the board of education of any | 91019 |
| school district the ratio of teachers to pupils in kindergarten | 91020 |
| through fourth grade required under paragraph (A)(3) of rule | 91021 |
| 3301-35-05 of the Administrative Code if the following conditions | 91022 |
| apply: | 91023 |
| (A) The board of education requests the waiver. | 91024 |
| (B) After the Department of Education conducts an on-site | 91025 |
| evaluation of the district related to meeting the required ratio, | 91026 |
| the board of education demonstrates to the satisfaction of the | 91027 |
| Superintendent of Public Instruction that providing the facilities | 91028 |
| necessary to meet the required ratio during the district's regular | 91029 |
| school hours with pupils in attendance would impose an extreme | 91030 |
| hardship on the district. | 91031 |
| (C) The board of education provides assurances that are | 91032 |
| satisfactory to the Superintendent of Public Instruction that the | 91033 |
| board will act in good faith to meet the required ratio as soon as | 91034 |
| possible. | 91035 |
| Section 265.50.30. PRIVATE TREATMENT FACILITY PROJECT | 91036 |
| (A) As used in this section: | 91037 |
| (1) The following are "participating residential treatment | 91038 |
| centers": | 91039 |
| (a) Private residential treatment facilities that have | 91040 |
| entered into a contract with the Department of Youth Services to | 91041 |
| provide services to children placed at the facility by the | 91042 |
| Department and which, in fiscal year 2010 or fiscal year 2011 or | 91043 |
| both, the Department pays through appropriation item 470401, | 91044 |
| RECLAIM Ohio; | 91045 |
| (b) Abraxas, in Shelby; | 91046 |
| (c) Paint Creek, in Bainbridge; | 91047 |
| (d) Act One, in Akron; | 91048 |
| (e) F.I.R.S.T., in Mansfield. | 91049 |
| (2) "Education program" means an elementary or secondary | 91050 |
| education program or a special education program and related | 91051 |
| services. | 91052 |
| (3) "Served child" means any child receiving an education | 91053 |
| program pursuant to division (B) of this section. | 91054 |
| (4) "School district responsible for tuition" means a city, | 91055 |
| exempted village, or local school district that, if tuition | 91056 |
| payment for a child by a school district is required under law | 91057 |
| that existed in fiscal year 1998, is the school district required | 91058 |
| to pay that tuition. | 91059 |
| (5) "Residential child" means a child who resides in a | 91060 |
| participating residential treatment center and who is receiving an | 91061 |
| educational program under division (B) of this section. | 91062 |
| (B) A youth who is a resident of the state and has been | 91063 |
| assigned by a juvenile court or other authorized agency to a | 91064 |
| residential treatment facility specified in division (A) of this | 91065 |
| section shall be enrolled in an approved educational program | 91066 |
| located in or near the facility. Approval of the educational | 91067 |
| program shall be contingent upon compliance with the criteria | 91068 |
| established for such programs by the Department of Education. The | 91069 |
| educational program shall be provided by a school district or | 91070 |
| educational service center, or by the residential facility itself. | 91071 |
| Maximum flexibility shall be given to the residential treatment | 91072 |
| facility to determine the provider. In the event that a voluntary | 91073 |
| agreement cannot be reached and the residential facility does not | 91074 |
| choose to provide the educational program, the educational service | 91075 |
| center in the county in which the facility is located shall | 91076 |
| provide the educational program at the treatment center to | 91077 |
| children under twenty-two years of age residing in the treatment | 91078 |
| center. | 91079 |
| (C) Any school district responsible for tuition for a | 91080 |
| residential child shall, notwithstanding any conflicting provision | 91081 |
| of the Revised Code regarding tuition payment, pay tuition for the | 91082 |
| child for fiscal year 2010 and fiscal year 2011 to the education | 91083 |
| program provider and in the amount specified in this division. If | 91084 |
| there is no school district responsible for tuition for a | 91085 |
| residential child and if the participating residential treatment | 91086 |
| center to which the child is assigned is located in the city, | 91087 |
| exempted village, or local school district that, if the child were | 91088 |
| not a resident of that treatment center, would be the school | 91089 |
| district where the child is entitled to attend school under | 91090 |
| sections 3313.64 and 3313.65 of the Revised Code, that school | 91091 |
| district, notwithstanding any conflicting provision of the Revised | 91092 |
| Code, shall pay tuition for the child for fiscal year 2010 and | 91093 |
| fiscal year 2011 under this division unless that school district | 91094 |
| is providing the educational program to the child under division | 91095 |
| (B) of this section. | 91096 |
| A tuition payment under this division shall be made to the | 91097 |
| school district, educational service center, or residential | 91098 |
| treatment facility providing the educational program to the child. | 91099 |
| The amount of tuition paid shall be: | 91100 |
| (1) The amount of tuition determined for the district under | 91101 |
| division (A) of section 3317.08 of the Revised Code; | 91102 |
| (2) In addition, for any student receiving special education | 91103 |
| pursuant to an individualized education program as defined in | 91104 |
| section 3323.01 of the Revised Code, a payment for excess costs. | 91105 |
| This payment shall equal the actual cost to the school district, | 91106 |
| educational service center, or residential treatment facility of | 91107 |
| providing special education and related services to the student | 91108 |
| pursuant to the student's individualized education program, minus | 91109 |
| the tuition paid for the child under division (C)(1) of this | 91110 |
| section. | 91111 |
| A school district paying tuition under this division shall | 91112 |
| not include the child for whom tuition is paid in the district's | 91113 |
| average daily membership certified under division (A) of section | 91114 |
| 3317.03 of the Revised Code. | 91115 |
| (D) In each of fiscal years 2010 and 2011, the Department of | 91116 |
| Education shall reimburse, from appropriations made for the | 91117 |
| purpose, a school district, educational service center, or | 91118 |
| residential treatment facility, whichever is providing the | 91119 |
| service, that has demonstrated that it is in compliance with the | 91120 |
| funding criteria for each served child for whom a school district | 91121 |
| must pay tuition under division (C) of this section. The amount of | 91122 |
| the reimbursement shall be the amount appropriated for this | 91123 |
| purpose divided by the full-time equivalent number of children for | 91124 |
| whom reimbursement is to be made. | 91125 |
| (E) Funds provided to a school district, educational service | 91126 |
| center, or residential treatment facility under this section shall | 91127 |
| be used to supplement, not supplant, funds from other public | 91128 |
| sources for which the school district, service center, or | 91129 |
| residential treatment facility is entitled or eligible. | 91130 |
| (F) The Department of Education shall track the utilization | 91131 |
| of funds provided to school districts, educational service | 91132 |
| centers, and residential treatment facilities under this section | 91133 |
| and monitor the effect of the funding on the educational programs | 91134 |
| they provide in participating residential treatment facilities. | 91135 |
| The Department shall monitor the programs for educational | 91136 |
| accountability. | 91137 |
| Section 265.50.40. SCHOOL DISTRICT PARTICIPATION IN NATIONAL | 91138 |
| ASSESSMENT OF EDUCATION PROGRESS | 91139 |
| The General Assembly intends for the Superintendent of Public | 91140 |
| Instruction to provide for school district participation in the | 91141 |
| administration of the National Assessment of Education Progress in | 91142 |
| accordance with section 3301.27 of the Revised Code. Each school | 91143 |
| and school district selected for participation by the | 91144 |
| Superintendent of Public Instruction shall participate. | 91145 |
| Section 265.50.50. DEPARTMENT OF EDUCATION APPROPRIATION | 91146 |
| TRANSFERS FOR STUDENT ASSESSMENT | 91147 |
| In fiscal year 2010 and fiscal year 2011, if the | 91148 |
| Superintendent of Public Instruction determines that additional | 91149 |
| funds are needed to fully fund the requirements of Am. Sub. H.B. 3 | 91150 |
| of the 125th General Assembly and this act for assessments of | 91151 |
| student performance, the Superintendent of Public Instruction may | 91152 |
| recommend the reallocation of unexpended and unencumbered General | 91153 |
| Revenue Fund appropriations within the Department of Education to | 91154 |
| appropriation item 200437, Student Assessment, to the Director of | 91155 |
| Budget and Management. If the Director of Budget and Management | 91156 |
| determines that such a reallocation is required, the Director of | 91157 |
| Budget and Management may transfer unexpended and unencumbered | 91158 |
| appropriations within the Department of Education as necessary to | 91159 |
| appropriation item 200437, Student Assessment. If these | 91160 |
| transferred appropriations are not sufficient to fully fund the | 91161 |
| assessment requirements in fiscal year 2010 or fiscal year 2011, | 91162 |
| the Superintendent of Public Instruction may request that the | 91163 |
| Controlling Board transfer up to $9,000,000 cash from the Lottery | 91164 |
| Profits Education Reserve Fund (Fund 7018) to the General Revenue | 91165 |
| Fund. Upon approval of the Controlling Board, these transferred | 91166 |
| funds are hereby appropriated for the same purpose as | 91167 |
| appropriation item 200437, Student Assessment. | 91168 |
| Section 265.50.55. TRANSFER AND ADJUSTMENT OF ARRA STATE | 91169 |
| FISCAL STABILIZATION FUND APPROPRIATIONS | 91170 |
| The Director of Budget and Management may transfer | 91171 |
| appropriation between appropriation items 200550, Foundation | 91172 |
| Funding, and 200551, Foundation Funding – Federal Stimulus, in | 91173 |
| each fiscal year, upon the written request of the Superintendent | 91174 |
| of Public Instruction, including transferring appropriation | 91175 |
| between fiscal year 2010 and fiscal year 2011. The Director shall | 91176 |
| report each transfer made under this section to the Controlling | 91177 |
| Board at its next regularly scheduled meeting after the transfer | 91178 |
| is made. | 91179 |
| Section 265.50.60. COMMUNITY SCHOOL FUNDING GUARANTEE FOR SBH | 91180 |
| STUDENTS | 91181 |
| (A) As used in this section: | 91182 |
| (1) "IEP" has the same meaning as in section 3323.01 of the | 91183 |
| Revised Code. | 91184 |
| (2) "SBH student" means a student receiving special education | 91185 |
| and related services for severe behavior disabilities pursuant to | 91186 |
| an IEP. | 91187 |
| (B) This section applies only to a community school | 91188 |
| established under Chapter 3314. of the Revised Code that in each | 91189 |
| of fiscal years 2010 and 2011 enrolls a number of SBH students | 91190 |
| equal to at least fifty per cent of the total number of students | 91191 |
| enrolled in the school in the applicable fiscal year. | 91192 |
| (C) In addition to any state foundation payments made, in | 91193 |
| each of fiscal years 2010 and 2011, the Department of Education | 91194 |
| shall pay to a community school to which this section applies a | 91195 |
| subsidy equal to the difference between the aggregate amount | 91196 |
| calculated and paid in that fiscal year to the community school | 91197 |
| for special education and related services additional weighted | 91198 |
| costs for the SBH students enrolled in the school and the | 91199 |
| aggregate amount that would have been calculated for the school | 91200 |
| for special education and related services additional weighted | 91201 |
| costs for those same students in fiscal year 2001. If the | 91202 |
| difference is a negative number, the amount of the subsidy shall | 91203 |
| be zero. | 91204 |
| (D) The amount of any subsidy paid to a community school | 91205 |
| under this section shall not be deducted from the school district | 91206 |
| in which any of the students enrolled in the community school are | 91207 |
| entitled to attend school under section 3313.64 or 3313.65 of the | 91208 |
| Revised Code. The amount of any subsidy paid to a community school | 91209 |
| under this section shall be paid from funds appropriated to the | 91210 |
| Department of Education in appropriation item 200550, Foundation | 91211 |
| Funding. | 91212 |
| Section 265.50.70. EARMARK ACCOUNTABILITY | 91213 |
| At the request of the Superintendent of Public Instruction, | 91214 |
| any entity that receives a budget earmark under the Department of | 91215 |
| Education shall submit annually to the chairpersons of the | 91216 |
| committees of the House of Representatives and the Senate | 91217 |
| primarily concerned with education and to the Department of | 91218 |
| Education a report that includes a description of the services | 91219 |
| supported by the funds, a description of the results achieved by | 91220 |
| those services, an analysis of the effectiveness of the program, | 91221 |
| and an opinion as to the program's applicability to other school | 91222 |
| districts. For an earmarked entity that received state funds from | 91223 |
| an earmark in the prior fiscal year, no funds shall be provided by | 91224 |
| the Department of Education to an earmarked entity for a fiscal | 91225 |
| year until its report for the prior fiscal year has been | 91226 |
| submitted. | 91227 |
| Section 265.50.80. PROHIBITION FROM OPERATING FROM HOME | 91228 |
| No community school established under Chapter 3314. of the | 91229 |
| Revised Code that was not open for operation as of May 1, 2005, | 91230 |
| shall operate from a home, as defined in section 3313.64 of the | 91231 |
| Revised Code. | 91232 |
| Section 265.50.90. EARLY COLLEGE START UP COMMUNITY SCHOOL | 91233 |
| (A) As used in this section: | 91234 |
| (1) "Big eight school district" has the same meaning as in | 91235 |
| section 3314.02 of the Revised Code. | 91236 |
| (2) "Early college high school" means a high school that | 91237 |
| provides students with a personalized learning plan based on an | 91238 |
| accelerated curriculum combining high school and college-level | 91239 |
| coursework. | 91240 |
| (B) Any early college high school that is operated by a big | 91241 |
| eight school district in partnership with a private university may | 91242 |
| operate as a new start-up community school under Chapter 3314. of | 91243 |
| the Revised Code beginning in the 2007-2008 school year, if all of | 91244 |
| the following conditions are met: | 91245 |
| (1) The governing authority and sponsor of the school enter | 91246 |
| into a contract in accordance with section 3314.03 of the Revised | 91247 |
| Code and, notwithstanding division (D) of section 3314.02 of the | 91248 |
| Revised Code, both parties adopt and sign the contract by July 9, | 91249 |
| 2007. | 91250 |
| (2) Notwithstanding division (A) of section 3314.016 of the | 91251 |
| Revised Code, the school's governing authority enters into a | 91252 |
| contract with the private university under which the university | 91253 |
| will be the school's operator. | 91254 |
| (3) The school provides the same educational program the | 91255 |
| school provided while part of the big eight school district. | 91256 |
| Section 265.60.30. USE OF VOLUNTEERS | 91257 |
| The Department of Education may utilize the services of | 91258 |
| volunteers to accomplish any of the purposes of the Department. | 91259 |
| The Superintendent of Public Instruction shall approve for what | 91260 |
| purposes volunteers may be used and for these purposes may | 91261 |
| recruit, train, and oversee the services of volunteers. The | 91262 |
| Superintendent may reimburse volunteers for necessary and | 91263 |
| appropriate expenses in accordance with state guidelines and may | 91264 |
| designate volunteers as state employees for the purpose of motor | 91265 |
| vehicle accident liability insurance under section 9.83 of the | 91266 |
| Revised Code, for immunity under section 9.86 of the Revised Code, | 91267 |
| and for indemnification from liability incurred in the performance | 91268 |
| of their duties under section 9.87 of the Revised Code. | 91269 |
| Section 265.60.50. (A) Not later than July 1, 2010, the State | 91270 |
| Board of Education and Superintendent of Public Instruction | 91271 |
| jointly shall study the following proposals and make | 91272 |
| recommendations to the General Assembly: | 91273 |
| (1) Adopting new statewide academic standards and model | 91274 |
| curricula in English language arts, mathematics, science, and | 91275 |
| social studies to replace the existing standards and curricula in | 91276 |
| reading, writing, mathematics, science, and social studies adopted | 91277 |
| under section 3301.079 of the Revised Code; | 91278 |
| (2) Revising the academic standards and model curricula in | 91279 |
| fine arts and foreign language adopted under section 3301.0718 of | 91280 |
| the Revised Code; | 91281 |
| (3) Revising the academic standards and model curricula in | 91282 |
| computer literacy adopted under section 3301.0718 of the Revised | 91283 |
| Code and expanding them to cover grades kindergarten through | 91284 |
| twelve; | 91285 |
| (4) Adopting academic standards and model curricula for | 91286 |
| grades kindergarten through twelve in the area of financial | 91287 |
| literacy and entrepreneurship; | 91288 |
| (5) Developing new achievement tests aligned with the revised | 91289 |
| academic standards described in division (A)(1) of this section; | 91290 |
| (6) Combining the grade-level reading and writing achievement | 91291 |
| tests and diagnostic assessments into a single achievement test or | 91292 |
| diagnostic assessment in the subject of English language arts; | 91293 |
| (7) Reducing the scoring ranges on the achievement tests from | 91294 |
| the five levels described in division (A)(2) of section 3301.0710 | 91295 |
| of the Revised Code to three levels by eliminating the accelerated | 91296 |
| and basic levels; | 91297 |
| (8) Eliminating the restrictions on the dates and times for | 91298 |
| administering the achievement tests established in divisions (C), | 91299 |
| (D), and (H) of section 3301.0710 of the Revised Code and instead | 91300 |
| requiring the Superintendent of Public Instruction to designate | 91301 |
| those dates and times; | 91302 |
| (9) Developing a new high school assessment system consisting | 91303 |
| of the following components to replace the Ohio Graduation Tests | 91304 |
| as a requirement for a high school diploma: | 91305 |
| (a) A nationally standardized assessment in science, | 91306 |
| mathematics, and English language arts; | 91307 |
| (b) A series of end-of-course examinations in science, | 91308 |
| mathematics, English language arts, and social studies; | 91309 |
| (c) A community service learning project; | 91310 |
| (d) A senior project. | 91311 |
| (10) Establishing new performance indicators for the school | 91312 |
| district and building report cards issued under section 3302.03 of | 91313 |
| the Revised Code; | 91314 |
| (11) Extending the length of the minimum school year; | 91315 |
| (12) Allocating school hours more effectively in terms of | 91316 |
| classroom instruction, competency-based evaluation, planning time, | 91317 |
| and professional development; | 91318 |
| (13) Designating school districts as innovation zones for the | 91319 |
| purpose of implementing innovative educational practices and | 91320 |
| learning opportunities for students and exempting districts from | 91321 |
| education mandates. | 91322 |
| (B) The recommendations under division (A) of this section | 91323 |
| shall address the necessity of implementing each proposal, a | 91324 |
| timeline that would be required for implementation, the estimated | 91325 |
| cost of implementation, and legislative changes needed for | 91326 |
| implementation. | 91327 |
| (C) Copies of the recommendations shall be provided to the | 91328 |
| General Assembly, in accordance with section 101.68 of the Revised | 91329 |
| Code, and to the Governor. | 91330 |
| Section 265.60.60. EDUCATOR STANDARDS BOARD | 91331 |
| (A) The State Board of Education shall appoint two teachers | 91332 |
| under division (A)(1)(a) of section 3319.60 of the Revised Code, | 91333 |
| as amended by this act, not later than sixty days after the | 91334 |
| effective date of this section. The term of office of the new | 91335 |
| secondary school teacher member shall expire July 1, 2011, and the | 91336 |
| term of office of the new elementary school teacher member shall | 91337 |
| expire July 1, 2012. Thereafter, the term of the additional | 91338 |
| secondary and elementary school teachers appointed to the Educator | 91339 |
| Standards Board shall be for two years. | 91340 |
| (B) The State Board of Education shall appoint a school | 91341 |
| district treasurer or business manager to the Educator Standards | 91342 |
| Board under division (A)(1)(c) of section 3319.60 of the Revised | 91343 |
| Code, as amended by this act, not later than sixty days after the | 91344 |
| effective date of this section. The term of office of that member | 91345 |
| shall expire July 1, 2012. Thereafter, the term of the school | 91346 |
| district treasurer or business manager appointed to the Educator | 91347 |
| Standards Board shall be for two years. | 91348 |
| (C) The State Board of Education shall appoint a parent to | 91349 |
| the Educator Standards Board under division (A)(1)(e) of section | 91350 |
| 3319.60 of the Revised Code, as amended by this act, not later | 91351 |
| than sixty days after the effective date of this section. The term | 91352 |
| of office of that member shall expire July 1, 2011. Thereafter, | 91353 |
| the term of the parent representative appointed to the Educator | 91354 |
| Standards Board shall be for two years. | 91355 |
| (D) The higher education representatives appointed by the | 91356 |
| State Board of Education to the Educator Standards Board prior to | 91357 |
| the effective date of this section under former division (A)(5) of | 91358 |
| section 3319.60 of the Revised Code shall serve for the remainder | 91359 |
| of their terms. The Chancellor of the Ohio Board of Regents shall | 91360 |
| appoint higher education representatives to the Educator | 91361 |
| Standards Board under division (A)(2) of section 3319.60 of the | 91362 |
| Revised Code, as amended by this act, as the terms of the higher | 91363 |
| education representatives appointed under former division (A)(5) | 91364 |
| of that section expire, each for a term of two years. The | 91365 |
| Chancellor also shall fill any vacancies that occur during the | 91366 |
| term of a higher education representative appointed under former | 91367 |
| division (A)(5) of that section. | 91368 |
| Section 265.60.70. RESTRICTION OF LIABILITY FOR CERTAIN | 91369 |
| REIMBURSEMENTS | 91370 |
| (A) Except as expressly required under a court judgment not | 91371 |
| subject to further appeals, or a settlement agreement with a | 91372 |
| school district executed on or before June 1, 2009, in the case of | 91373 |
| a school district for which the formula ADM for fiscal year | 91374 |
| 2005, as reported for that fiscal year under division (A) of | 91375 |
| section 3317.03 of the Revised Code, was reduced based on | 91376 |
| enrollment reports for community schools, made under section | 91377 |
| 3314.08 of the Revised Code, regarding students entitled to | 91378 |
| attend school in the district, which reduction of formula ADM | 91379 |
| resulted in a reduction of foundation funding or transitional aid | 91380 |
| funding for fiscal year 2005, 2006, or 2007, no school district, | 91381 |
| except a district named in the court's judgment or the settlement | 91382 |
| agreement, shall have a legal claim for reimbursement of the | 91383 |
| amount of such reduction in foundation funding or transitional | 91384 |
| aid funding, and the state shall not have liability for | 91385 |
| reimbursement of the amount of such reduction in foundation | 91386 |
| funding or transitional aid funding. | 91387 |
| (B) As used in this section: | 91388 |
| (1) "Community school" means a community school established | 91389 |
| under Chapter 3314. of the Revised Code. | 91390 |
| (2) "Entitled to attend school" means entitled to attend | 91391 |
| school in a school district under section 3313.64 or 3313.65 of | 91392 |
| the Revised Code. | 91393 |
| (3) "Foundation funding" means payments calculated for the | 91394 |
| respective fiscal year under Chapter 3317. of the Revised Code. | 91395 |
| (4) "Transitional aid funding" means payments calculated for | 91396 |
| the respective fiscal year under Section 41.37 of Am. Sub. H.B. 95 | 91397 |
| of the 125th General Assembly, as subsequently amended; Section | 91398 |
| 206.09.39 of Am. Sub. H.B. 66 of the 126th General Assembly, as | 91399 |
| subsequently amended; and Section 269.30.80 of Am. Sub. H.B. 119 | 91400 |
| of the 127th General Assembly. | 91401 |
| Section 265.60.90. All duties, powers, obligations, and | 91402 |
| functions performed by, all rights exercised by, and the | 91403 |
| remaining unexpended, unencumbered balance of any money | 91404 |
| appropriated or reappropriated to the Department of | 91405 |
| Administrative Services with regard to the School Employees | 91406 |
| Health Care Board under section 9.901 of the Revised Code, | 91407 |
| whether obligated or unobligated, are transferred to the | 91408 |
| Department of Education on July 1, 2009. The Department of | 91409 |
| Education thereupon succeeds to, and shall assume, all duties, | 91410 |
| powers, obligations, and functions performed by, all rights | 91411 |
| exercised by, and the remaining unexpended, unencumbered balance | 91412 |
| of any money appropriated or reappropriated to the Department of | 91413 |
| Administrative Services with regard to the School Employees | 91414 |
| Health Care Board under section 9.901 of the Revised Code. | 91415 |
| Any aspect of the board's operations commenced but not | 91416 |
| completed by the Department of Administrative Services on July 1, | 91417 |
| 2009, shall be completed by the Superintendent of Public | 91418 |
| Instruction or staff of the Department of Education in the same | 91419 |
| manner, and with the same effect, as if completed by the | 91420 |
| Department of Administrative Services or the staff of the | 91421 |
| Department of Administrative Services. Any validation, cure, | 91422 |
| right, privilege, remedy, obligation, or liability related to the | 91423 |
| board's operations is neither lost nor impaired by reason of the | 91424 |
| transfer and shall be administered by the Department of Education. | 91425 |
| All of the rules, orders, and determinations of the | 91426 |
| Department of Administrative Services in relation to the board's | 91427 |
| operations continue in effect as rules, orders, and determinations | 91428 |
| of the Superintendent of Public Instruction until modified or | 91429 |
| rescinded by the Superintendent. At the request of the | 91430 |
| Superintendent, and if necessary to ensure the integrity of the | 91431 |
| numbering of the Administrative Code, the Director of the | 91432 |
| Legislative Service Commission shall renumber the rules of the | 91433 |
| board to reflect the transfer to the Department of Education. | 91434 |
| The Department of Administrative Services and the | 91435 |
| Superintendent shall identify the employees of the board to be | 91436 |
| transferred to the Department of Education. The employees shall be | 91437 |
| transferred on July 1, 2009, or as soon as possible thereafter. | 91438 |
| Whenever the Department of Administrative Services is | 91439 |
| referred to in relation to the board in any law, contract, or | 91440 |
| other document, the reference shall be deemed to refer to the | 91441 |
| Department of Education in relation to the board. | 91442 |
| Any action or proceeding that is related to the board's | 91443 |
| operations and that is pending on the effective date of this | 91444 |
| section is not affected by the transfer and shall be prosecuted or | 91445 |
| defended in the name of the Superintendent or the Department of | 91446 |
| Education. In all such actions and proceedings, the Superintendent | 91447 |
| or the Department of Education, upon application to the court or | 91448 |
| agency, shall be substituted as a party. | 91449 |
| On or after July 1, 2009, notwithstanding any provision of | 91450 |
| law to the contrary, the Director of Budget and Management shall | 91451 |
| take any action with respect to budget changes made necessary by | 91452 |
| the transfer, including the creation of new funds and the | 91453 |
| consolidation of funds. The Director may transfer cash balances | 91454 |
| between funds. The Director may cancel encumbrances and | 91455 |
| re-establish encumbrances or parts of encumbrances as needed in | 91456 |
| the fiscal year in the appropriate fund and appropriation item for | 91457 |
| the same purpose and to the same vendor. As determined by the | 91458 |
| Director, encumbrances re-established in the fiscal year in a | 91459 |
| different fund or appropriation item used by an agency or between | 91460 |
| agencies are appropriated. The Director shall reduce each year's | 91461 |
| appropriation balances by the amount of the encumbrance canceled | 91462 |
| in their respective funds and appropriation item. Any unencumbered | 91463 |
| or unallocated appropriation balances from the previous fiscal | 91464 |
| year may be transferred to the appropriate appropriation item to | 91465 |
| be used for the same purposes, as determined by the Director. | 91466 |
| Section 265.70.10. CENTER FOR EARLY CHILDHOOD DEVELOPMENT | 91467 |
| (A) The Superintendent of Public Instruction, in | 91468 |
| consultation with the Governor, shall create the Center for Early | 91469 |
| Childhood Development in the Department of Education comprised of | 91470 |
| staff from the Department of Education, the Department of Job | 91471 |
| and Family Services, the Department of Health, and any other | 91472 |
| state agency as determined necessary by the Superintendent. The | 91473 |
| Superintendent also shall hire a Director of the Center who shall | 91474 |
| report to the Superintendent and the Governor. The Center, under | 91475 |
| the supervision of the Director, shall research and make | 91476 |
| recommendations about the coordination of early childhood | 91477 |
| programs and services for children, beginning with prenatal care | 91478 |
| and continuing until entry into kindergarten, and the eventual | 91479 |
| transfer of the authority to implement those programs and services | 91480 |
| from other state agencies to the Department of Education. | 91481 |
| (B) The Center for Early Childhood Development shall promote | 91482 |
| family-centered programs and services that acknowledge and support | 91483 |
| the social, emotional, cognitive, intellectual, and physical | 91484 |
| development of children and the vital role of families in ensuring | 91485 |
| the well-being and success of children. | 91486 |
| (C) The Director of the Center for Early Childhood | 91487 |
| Development, in partnership with staff from the Department of | 91488 |
| Education and advised by the Early Childhood Advisory Council, | 91489 |
| shall submit an implementation plan to the Superintendent and | 91490 |
| the Governor not later than December 31, 2009. The | 91491 |
| implementation plan shall include research and recommendations | 91492 |
| regarding all of the following: | 91493 |
| (1) The identification of programs, services, and funding | 91494 |
| sources to be transferred from other state agencies to the | 91495 |
| Department of Education; | 91496 |
| (2) A new administrative structure within the Department of | 91497 |
| Education for the purpose of implementing early childhood | 91498 |
| programs and services; | 91499 |
| (3) Statutory changes necessary to implement the new | 91500 |
| administrative structure within the Department of Education; | 91501 |
| (4) A timeline for the transition from the current | 91502 |
| administrative structure within other state agencies to the new | 91503 |
| administrative structure within the Department of Education. | 91504 |
| (D) The Director of Budget and Management may seek | 91505 |
| Controlling Board approval to do any of the following to support | 91506 |
| the preparation of an implementation plan to create a new | 91507 |
| administrative structure for early childhood programs and | 91508 |
| services within the Department of Education: | 91509 |
| (1) Create new funds and non-GRF appropriation items; | 91510 |
| (2) Transfer cash between funds; | 91511 |
| (3) Transfer appropriation within the same fund used by the | 91512 |
| same state agency. | 91513 |
| Any transfers of cash approved by the Controlling Board under | 91514 |
| this section are hereby appropriated. | 91515 |
| Section 265.70.20. EARLY CHILDHOOD FINANCING WORKGROUP | 91516 |
| The Early Childhood Advisory Council shall establish an Early | 91517 |
| Childhood Financing Workgroup. The chairperson of the Early | 91518 |
| Childhood Advisory Council shall serve as chairperson of the Early | 91519 |
| Childhood Financing Workgroup. The Early Childhood Financing | 91520 |
| Workgroup shall develop recommendations that explore the | 91521 |
| implementation of a single financing system for early care and | 91522 |
| education programs that includes aligned payment mechanisms and | 91523 |
| consistent eligibility and co-payment policies. Not later than | 91524 |
| December 31, 2009, the Early Childhood Financing Workgroup shall | 91525 |
| submit its recommendations to the Governor. Upon the order of the | 91526 |
| Early Childhood Advisory Council, the Early Childhood Financing | 91527 |
| Workgroup shall cease to exist. | 91528 |
| Section 265.70.40. MORATORIUM ON LOCAL SCHOOL DISTRICT | 91529 |
| RELOCATIONS TO DIFFERENT EDUCATIONAL SERVICE CENTERS | 91530 |
| Notwithstanding section 3311.059 of the Revised Code, no | 91531 |
| severance of the territory of a local school district from the | 91532 |
| educational service center to which it currently belongs and | 91533 |
| annexation of that district's territory to an adjacent educational | 91534 |
| service center, as otherwise authorized under that section, shall | 91535 |
| be effective for the period beginning on the effective date of | 91536 |
| this section and ending July 1, 2011. All resolutions proposing | 91537 |
| such severance and annexation approved by the State Board of | 91538 |
| Education but not effective prior to July 1, 2009, are hereby | 91539 |
| void. All resolutions proposing such severance and annexation | 91540 |
| pending on the effective date of this section are hereby void and | 91541 |
| shall not be considered by the State Board. If the board of | 91542 |
| education of a local school district with such a severance and | 91543 |
| annexation action pending or approved on the effective date of | 91544 |
| this section that is void under this section desires to have the | 91545 |
| action considered after July 1, 2011, the board shall adopt after | 91546 |
| that date a new resolution in the manner prescribed by section | 91547 |
| 3311.059 of the Revised Code. No local school district shall adopt | 91548 |
| a severance and annexation resolution under that section during | 91549 |
| the period beginning on the effective date of this section and | 91550 |
| ending July 1, 2011. | 91551 |
| Section 265.80.10. (A) Notwithstanding the amendments to and | 91552 |
| repeal of statutes by this act, the Board of Speech-Language | 91553 |
| Pathology and Audiology shall accept applications for new, and | 91554 |
| renewal of, speech-language pathology student permits through the | 91555 |
| effective date of the rules adopted by the State Board of | 91556 |
| Education under section 3319.227 of the Revised Code, as enacted | 91557 |
| by this act, and shall issue the permits on the basis of the | 91558 |
| applications received by that date in accordance with former | 91559 |
| section 4753.073 of the Revised Code as it existed prior to the | 91560 |
| effective date of this section. Starting on the effective date of | 91561 |
| the rules adopted under section 3319.227 of the Revised Code, the | 91562 |
| State Board of Education shall begin issuing speech-language | 91563 |
| pathology intern licenses in accordance with that section. | 91564 |
| (B) Any speech-language pathology student permit issued under | 91565 |
| former section 4753.073 of the Revised Code, as it existed prior | 91566 |
| to the effective date of this section, or under division (A) of | 91567 |
| this section shall remain valid until its expiration. | 91568 |
| (C) Notwithstanding the repeal of section 4753.101 of the | 91569 |
| Revised Code by this act, and until the effective date of the | 91570 |
| rules adopted by the State Board of Education under section | 91571 |
| 3319.227 of the Revised Code, the Board of Speech-Language | 91572 |
| Pathology and Audiology may take disciplinary action, in | 91573 |
| accordance with any rules established under former section | 91574 |
| 4753.101 of the Revised Code, against any person who holds a | 91575 |
| speech-language pathology student permit. | 91576 |
| Section 265.80.20. UNAUDITABLE COMMUNITY SCHOOL | 91577 |
| (A) If the Auditor of State or a public accountant, pursuant | 91578 |
| to section 117.41 of the Revised Code, declares a community school | 91579 |
| established under Chapter 3314. of the Revised Code to be | 91580 |
| unauditable, the Auditor of State shall provide written | 91581 |
| notification of that declaration to the school, the school's | 91582 |
| sponsor, and the Department of Education. The Auditor of State | 91583 |
| also shall post the notification on the Auditor of State's web | 91584 |
| site. | 91585 |
| (B) Notwithstanding any provision to the contrary in Chapter | 91586 |
| 3314. of the Revised Code or any other provision of law, a sponsor | 91587 |
| of a community school that is notified by the Auditor of State | 91588 |
| under division (A) of this section that a community school it | 91589 |
| sponsors is unauditable shall not enter into contracts with any | 91590 |
| additional community schools under section 3314.03 of the Revised | 91591 |
| Code until the Auditor of State or a public accountant has | 91592 |
| completed a financial audit of that school. | 91593 |
| (C) Not later than forty-five days after receiving | 91594 |
| notification by the Auditor of State under division (A) of this | 91595 |
| section that a community school is unauditable, the sponsor of the | 91596 |
| school shall provide a written response to the Auditor of State. | 91597 |
| The response shall include the following: | 91598 |
| (1) An overview of the process the sponsor will use to review | 91599 |
| and understand the circumstances that led to the community school | 91600 |
| becoming unauditable; | 91601 |
| (2) A plan for providing the Auditor of State with the | 91602 |
| documentation necessary to complete an audit of the community | 91603 |
| school and for ensuring that all financial documents are available | 91604 |
| in the future; | 91605 |
| (3) The actions the sponsor will take to ensure that the plan | 91606 |
| described in division (C)(2) of this section is implemented. | 91607 |
| (D) If a community school fails to make reasonable efforts | 91608 |
| and continuing progress to bring its accounts, records, files, or | 91609 |
| reports into an auditable condition within ninety days after being | 91610 |
| declared unauditable, the Auditor of State, in addition to | 91611 |
| requesting legal action under sections 117.41 and 117.42 of the | 91612 |
| Revised Code, shall notify the Department of the school's failure. | 91613 |
| If the Auditor of State or a public accountant subsequently is | 91614 |
| able to complete a financial audit of the school, the Auditor of | 91615 |
| State shall notify the Department that the audit has been | 91616 |
| completed. | 91617 |
| (E) Notwithstanding any provision to the contrary in Chapter | 91618 |
| 3314. of the Revised Code or any other provision of law, upon | 91619 |
| notification by the Auditor of State under division (D) of this | 91620 |
| section that a community school has failed to make reasonable | 91621 |
| efforts and continuing progress to bring its accounts, records, | 91622 |
| files, or reports into an auditable condition following a | 91623 |
| declaration that the school is unauditable, the Department shall | 91624 |
| immediately cease all payments to the school under Chapter 3314. | 91625 |
| of the Revised Code and any other provision of law. Upon | 91626 |
| subsequent notification from the Auditor of State under that | 91627 |
| division that the Auditor of State or a public accountant was able | 91628 |
| to complete a financial audit of the community school, the | 91629 |
| Department shall release all funds withheld from the school under | 91630 |
| this section. | 91631 |
| Section 265.80.30. (A) This section applies only to the | 91632 |
| contract for vocational education services, under section 3313.90 | 91633 |
| of the Revised Code, between: | 91634 |
| (1) A local school district receiving the services under the | 91635 |
| contract, which was created under section 3311.26 of the Revised | 91636 |
| Code and began operating in fiscal year 2005; | 91637 |
| (2) Another local school district providing the services | 91638 |
| under the contract, the territory of which district had included | 91639 |
| the territory of the district described in division (A)(1) of this | 91640 |
| section prior to the creation of that district. | 91641 |
| (B) Notwithstanding anything to the contrary in rule | 91642 |
| 3301-61-06 of the Administrative Code, a vocational education | 91643 |
| contract to which this section applies that expires on or before | 91644 |
| June 30, 2010, may be renewed one time for a term of less than | 91645 |
| five years. | 91646 |
| Section 265.80.40. Not later than January 29, 2010, the State | 91647 |
| Board of Education shall develop a list of best practices for | 91648 |
| improving parental involvement in schools that public and | 91649 |
| nonpublic schools may use to increase parental participation. The | 91650 |
| Department of Education shall make the list available to schools | 91651 |
| on its web site. | 91652 |
| Section 265.80.50. The State Board of Education shall | 91653 |
| initiate rulemaking procedures for the rules for the Special | 91654 |
| Education Scholarship Pilot Program, required under section | 91655 |
| 3310.64 of the Revised Code, as enacted by this act, so that | 91656 |
| those rules are in effect by January 31, 2011. | 91657 |
| Section 265.80.51. The Department of Education shall conduct | 91658 |
| a formative evaluation of the Special Education Scholarship | 91659 |
| Pilot Program established under sections 3310.51 to 3310.64 of | 91660 |
| the Revised Code, using both quantitative and qualitative | 91661 |
| analyses, and shall report its findings to the General Assembly | 91662 |
| not later than December 31, 2013. In conducting the evaluation, | 91663 |
| the Department shall to the extent possible gather comments from | 91664 |
| parents who have been awarded scholarships under the program, | 91665 |
| school district officials, representatives of registered private | 91666 |
| providers, educators, and representatives of educational | 91667 |
| organizations for inclusion in the report required under this | 91668 |
| section. | 91669 |
| Section 267.10. ELC OHIO ELECTIONS COMMISSION | 91670 |
| General Revenue Fund | 91671 |
| GRF | 051321 | Operating Expenses | $ | 381,578 | $ | 381,578 | 91672 | ||||
| TOTAL GRF General Revenue Fund | $ | 381,578 | $ | 381,578 | 91673 | ||||||
| General Services Fund Group | 91674 |
| 4P20 | 051601 | Ohio Elections Commission Fund | $ | 250,000 | $ | 255,000 | 91675 | ||||
| TOTAL GSF General Services Fund Group | $ | 250,000 | $ | 255,000 | 91676 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 631,578 | $ | 636,578 | 91677 | ||||||
| Section 269.10. FUN STATE BOARD OF EMBALMERS AND FUNERAL | 91679 |
| DIRECTORS | 91680 |
| General Services Fund Group | 91681 |
| 4K90 | 881609 | Operating Expenses | $ | 572,159 | $ | 572,159 | 91682 | ||||
| TOTAL GSF General Services | 91683 | ||||||||||
| Fund Group | $ | 572,159 | $ | 572,159 | 91684 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 572,159 | $ | 572,159 | 91685 | ||||||
| Section 271.10. PAY EMPLOYEE BENEFITS FUNDS | 91687 |
| Accrued Leave Liability Fund Group | 91688 |
| 8060 | 995666 | Accrued Leave Fund | $ | 65,200,000 | $ | 67,200,000 | 91689 | ||||
| 8070 | 995667 | Disability Fund | $ | 27,400,000 | $ | 28,100,000 | 91690 | ||||
| TOTAL ALF Accrued Leave Liability | 91691 | ||||||||||
| Fund Group | $ | 92,600,000 | $ | 95,300,000 | 91692 | ||||||
| Agency Fund Group | 91693 |
| 1240 | 995673 | Payroll Deductions | $ | 881,573,000 | $ | 943,283,110 | 91694 | ||||
| 8080 | 995668 | State Employee Health Benefit Fund | $ | 551,795,580 | $ | 598,643,430 | 91695 | ||||
| 8090 | 995669 | Dependent Care Spending Account | $ | 2,969,635 | $ | 2,969,635 | 91696 | ||||
| 8100 | 995670 | Life Insurance Investment Fund | $ | 2,229,834 | $ | 2,229,834 | 91697 | ||||
| 8110 | 995671 | Parental Leave Benefit Fund | $ | 3,900,000 | $ | 4,000,000 | 91698 | ||||
| 8130 | 995672 | Health Care Spending Account | $ | 8,977,689 | $ | 12,000,000 | 91699 | ||||
| TOTAL AGY Agency Fund Group | $ | 1,451,445,738 | $ | 1,563,126,009 | 91700 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,544,045,738 | $ | 1,658,426,009 | 91701 |
| ACCRUED LEAVE LIABILITY FUND | 91702 |
| The foregoing appropriation item 995666, Accrued Leave Fund, | 91703 |
| shall be used to make payments from the Accrued Leave Liability | 91704 |
| Fund (Fund 8060) pursuant to section 125.211 of the Revised Code. | 91705 |
| If it is determined by the Director of Budget and Management that | 91706 |
| additional amounts are necessary, the amounts are hereby | 91707 |
| appropriated. | 91708 |
| STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND | 91709 |
| The foregoing appropriation item 995667, Disability Fund, | 91710 |
| shall be used to make payments from the State Employee Disability | 91711 |
| Leave Benefit Fund (Fund 8070) pursuant to section 124.83 of the | 91712 |
| Revised Code. If it is determined by the Director of Budget and | 91713 |
| Management that additional amounts are necessary, the amounts are | 91714 |
| hereby appropriated. | 91715 |
| PAYROLL WITHHOLDING FUND | 91716 |
| The foregoing appropriation item 995673, Payroll Deductions, | 91717 |
| shall be used to make payments from the Payroll Withholding Fund | 91718 |
| (Fund 1240). If it is determined by the Director of Budget and | 91719 |
| Management that additional appropriation amounts are necessary, | 91720 |
| the amounts are hereby appropriated. | 91721 |
| STATE EMPLOYEE HEALTH BENEFIT FUND | 91722 |
| The foregoing appropriation item 995668, State Employee | 91723 |
| Health Benefit Fund, shall be used to make payments from the State | 91724 |
| Employee Health Benefit Fund (Fund 8080) pursuant to section | 91725 |
| 124.87 of the Revised Code. If it is determined by the Director of | 91726 |
| Budget and Management that additional amounts are necessary, the | 91727 |
| amounts are hereby appropriated. | 91728 |
| On June 30, 2010, or as soon as possible thereafter, the | 91729 |
| Director of Budget and Management shall transfer $1,620,000 cash | 91730 |
| from the General Revenue Fund to the State Employee Health Benefit | 91731 |
| Fund (Fund 8080). | 91732 |
| DEPENDENT CARE SPENDING FUND | 91733 |
| The foregoing appropriation item 995669, Dependent Care | 91734 |
| Spending Account, shall be used to make payments from the | 91735 |
| Dependent Care Spending Fund (Fund 8090) to employees eligible for | 91736 |
| dependent care expenses. If it is determined by the Director of | 91737 |
| Budget and Management that additional amounts are necessary, the | 91738 |
| amounts are hereby appropriated. | 91739 |
| LIFE INSURANCE INVESTMENT FUND | 91740 |
| The foregoing appropriation item 995670, Life Insurance | 91741 |
| Investment Fund, shall be used to make payments from the Life | 91742 |
| Insurance Investment Fund (Fund 8100) for the costs and expenses | 91743 |
| of the state's life insurance benefit program pursuant to section | 91744 |
| 125.212 of the Revised Code. If it is determined by the Director | 91745 |
| of Budget and Management that additional amounts are necessary, | 91746 |
| the amounts are hereby appropriated. | 91747 |
| PARENTAL LEAVE BENEFIT FUND | 91748 |
| The foregoing appropriation item 995671, Parental Leave | 91749 |
| Benefit Fund, shall be used to make payments from the Parental | 91750 |
| Leave Benefit Fund (Fund 8110) to employees eligible for parental | 91751 |
| leave benefits pursuant to section 124.137 of the Revised Code. If | 91752 |
| it is determined by the Director of Budget and Management that | 91753 |
| additional amounts are necessary, the amounts are hereby | 91754 |
| appropriated. | 91755 |
| HEALTH CARE SPENDING ACCOUNT FUND | 91756 |
| The foregoing appropriation item 995672, Health Care | 91757 |
| Spending Account, shall be used to make payments from the Health | 91758 |
| Care Spending Account Fund (Fund 8130) for payments pursuant to | 91759 |
| state employees' participation in a flexible spending account | 91760 |
| for non-reimbursed health care expenses and section 124.821 of | 91761 |
| the Revised Code. If it is determined by the Director of | 91762 |
| Administrative Services that additional appropriation amounts are | 91763 |
| necessary, the Director of Administrative Services may request | 91764 |
| that the Director of Budget and Management increase such amounts. | 91765 |
| Such amounts are hereby appropriated. | 91766 |
| At the request of the Director of Administrative Services, | 91767 |
| the Director of Budget and Management may transfer up to $145,000 | 91768 |
| from the General Revenue Fund to the Health Care Spending Account | 91769 |
| Fund during fiscal years 2010 and 2011. This cash shall be | 91770 |
| transferred as needed to provide adequate cash flow for the Health | 91771 |
| Care Spending Account Fund during fiscal year 2010 and fiscal year | 91772 |
| 2011. If funds are available at the end of fiscal years 2010 and | 91773 |
| 2011, the Director of Budget and Management shall transfer cash up | 91774 |
| to the amount previously transferred in the respective year, plus | 91775 |
| interest income, from the Health Care Spending Account (Fund | 91776 |
| 8130) to the General Revenue Fund. | 91777 |
| Section 273.10. ERB STATE EMPLOYMENT RELATIONS BOARD | 91778 |
| General Revenue Fund | 91779 |
| GRF | 125321 | Operating Expenses | $ | 4,090,876 | $ | 4,090,876 | 91780 | ||||
| TOTAL GRF General Revenue Fund | $ | 4,090,876 | $ | 4,090,876 | 91781 | ||||||
| General Services Fund Group | 91782 |
| 5720 | 125603 | Training and Publications | $ | 87,075 | $ | 87,075 | 91783 | ||||
| TOTAL GSF General Services | 91784 | ||||||||||
| Fund Group | $ | 87,075 | $ | 87,075 | 91785 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 4,177,951 | $ | 4,177,951 | 91786 | ||||||
| Section 273.20. CONSOLIDATION OF SERVICES WITH STATE | 91788 |
| EMPLOYMENT RELATIONS BOARD | 91789 |
| (A) Beginning on July 1, 2009, the Chairperson of the State | 91790 |
| Employment Relations Board is the appointing authority for all | 91791 |
| employees of the State Personnel Board of Review and the State | 91792 |
| Employment Relations Board. After conferring with the Chairperson | 91793 |
| of the State Personnel Board of Review, the Chairperson of the | 91794 |
| State Employment Relations Board shall identify the employees, | 91795 |
| equipment, assets, and records of the State Personnel Board of | 91796 |
| Review to be transferred to the State Employment Relations Board. | 91797 |
| The State Employment Relations Board and the State Personnel Board | 91798 |
| of Review shall enter into an interagency agreement to transfer to | 91799 |
| the State Employment Relations Board employees, equipment, | 91800 |
| assets, and records of the State Personnel Board of Review by July | 91801 |
| 1, 2009, or as soon as possible thereafter. The agreement may | 91802 |
| include provisions to transfer property and any other provisions | 91803 |
| necessary for the continued administration of program activities. | 91804 |
| The employees of the State Personnel Board of Review that the | 91805 |
| Chairperson of the State Employment Relations Board identifies for | 91806 |
| transfer, and any equipment assigned to those employees, are | 91807 |
| hereby transferred to the State Employment Relations Board. Any | 91808 |
| employees of the State Personnel Board of Review so transferred | 91809 |
| shall retain the rights specified in sections 124.321 to 124.328 | 91810 |
| of the Revised Code, and any employee transferred to the State | 91811 |
| Employment Relations Board retains the employee's respective | 91812 |
| classification, but the Chairperson of the State Employment | 91813 |
| Relations Board may reassign and reclassify the employee's | 91814 |
| position and compensation as the Chairperson determines to be in | 91815 |
| the interest of efficient office administration. Pursuant to | 91816 |
| division (B)(2)(b) of section 4117.02 of the Revised Code, as | 91817 |
| amended by this act, to the extent determined necessary by the | 91818 |
| Chairperson of the State Employment Relations Board, the State | 91819 |
| Personnel Board of Review shall utilize employees of the State | 91820 |
| Employment Relations Board in the exercise of the powers and the | 91821 |
| performance of the duties of the State Personnel Board of Review. | 91822 |
| (B) Effective July 1, 2009, and pursuant to section 124.03 of | 91823 |
| the Revised Code, the State Personnel Board of Review shall | 91824 |
| exercise its duties and exist as a separate entity within the | 91825 |
| State Employment Relations Board. The costs of the State | 91826 |
| Personnel Board of Review shall be supported by the foregoing | 91827 |
| appropriation item 125321, Operating Expenses. | 91828 |
| On July 1, 2009, or as soon as possible thereafter, the | 91829 |
| Director of Budget and Management shall transfer the cash balance | 91830 |
| of the Transcript and Other Documents Fund (Fund 6360) used by the | 91831 |
| State Personnel Board of Review to the Training, Publications, | 91832 |
| and Grants Fund (Fund 5720) used by the State Employment | 91833 |
| Relations Board. Upon completion of the transfer, Fund 6360 is | 91834 |
| abolished. The Director shall cancel any existing encumbrances | 91835 |
| against appropriation item 124601, Records and Reporting Support, | 91836 |
| and re-establish them against appropriation item 125603, Training | 91837 |
| and Publications. The re-established encumbrance amounts are | 91838 |
| hereby appropriated. | 91839 |
| Any business commenced but not completed under Fund 6360 by | 91840 |
| July 1, 2009, shall be completed under Fund 5720 in the same | 91841 |
| manner, and with the same effect, as if completed with regard to | 91842 |
| Fund 6360. No validation, cure, right, privilege, remedy, | 91843 |
| obligation, or liability is lost or impaired by reason of the | 91844 |
| transfer and shall be administered with regard to Fund 5720. | 91845 |
| On and after July 1, 2009, where the Transcript and Other | 91846 |
| Documents Fund is referred to in any statute, rule, contract, | 91847 |
| grant, or other document, the reference is hereby deemed to refer | 91848 |
| to the Training, Publications, and Grants Fund. | 91849 |
| Section 275.10. ENG STATE BOARD OF ENGINEERS AND SURVEYORS | 91850 |
| General Services Fund Group | 91851 |
| 4K90 | 892609 | Operating Expenses | $ | 902,772 | $ | 902,772 | 91852 | ||||
| TOTAL GSF General Services | 91853 | ||||||||||
| Fund Group | $ | 902,772 | $ | 902,772 | 91854 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 902,772 | $ | 902,772 | 91855 | ||||||
| Section 277.10. EPA ENVIRONMENTAL PROTECTION AGENCY | 91857 |
| General Services Fund Group | 91858 |
| 1990 | 715602 | Laboratory Services | $ | 935,907 | $ | 983,929 | 91859 | ||||
| 2190 | 715604 | Central Support Indirect | $ | 15,718,301 | $ | 15,718,301 | 91860 | ||||
| 4A10 | 715640 | Operating Expenses | $ | 3,336,872 | $ | 3,336,872 | 91861 | ||||
| TOTAL GSF General Services | 91862 | ||||||||||
| Fund Group | $ | 19,991,081 | $ | 20,039,103 | 91863 | ||||||
| Federal Special Revenue Fund Group | 91864 |
| 3530 | 715612 | Public Water Supply | $ | 2,933,812 | $ | 2,941,282 | 91865 | ||||
| 3540 | 715614 | Hazardous Waste Management - Federal | $ | 4,193,000 | $ | 4,193,000 | 91866 | ||||
| 3570 | 715619 | Air Pollution Control - Federal | $ | 6,282,777 | $ | 6,310,203 | 91867 | ||||
| 3620 | 715605 | Underground Injection Control - Federal | $ | 111,874 | $ | 111,874 | 91868 | ||||
| 3BU0 | 715684 | Water Quality Protection | $ | 7,435,000 | $ | 6,489,000 | 91869 | ||||
| 3C50 | 715688 | Federal NRD Settlements | $ | 100,000 | $ | 100,000 | 91870 | ||||
| 3F20 | 715630 | Revolving Loan Fund - Operating | $ | 1,129,696 | $ | 907,543 | 91871 | ||||
| 3F30 | 715632 | Federally Supported Cleanup and Response | $ | 2,159,486 | $ | 2,159,551 | 91872 | ||||
| 3F50 | 715641 | Nonpoint Source Pollution Management | $ | 6,880,000 | $ | 6,095,000 | 91873 | ||||
| 3K40 | 715634 | DOD Monitoring and Oversight | $ | 729,130 | $ | 732,280 | 91874 | ||||
| 3N40 | 715657 | DOE Monitoring and Oversight | $ | 878,578 | $ | 884,050 | 91875 | ||||
| 3T30 | 715669 | Drinking Water State Revolving Fund | $ | 2,238,848 | $ | 2,273,323 | 91876 | ||||
| 3V70 | 715606 | Agencywide Grants | $ | 500,000 | $ | 500,000 | 91877 | ||||
| TOTAL FED Federal Special Revenue | 91878 | ||||||||||
| Fund Group | $ | 35,572,201 | $ | 33,697,106 | 91879 | ||||||
| State Special Revenue Fund Group | 91880 |
| 4J00 | 715638 | Underground Injection Control | $ | 383,676 | $ | 383,676 | 91881 | ||||
| 4K20 | 715648 | Clean Air - Non Title V | $ | 3,456,261 | $ | 3,587,176 | 91882 | ||||
| 4K30 | 715649 | Solid Waste | $ | 14,282,845 | $ | 14,282,845 | 91883 | ||||
| 4K40 | 715650 | Surface Water Protection | $ | 7,965,000 | $ | 8,915,000 | 91884 | ||||
| 4K40 | 715686 | Environmental Lab Service | $ | 2,132,000 | $ | 2,132,000 | 91885 | ||||
| 4K50 | 715651 | Drinking Water Protection | $ | 7,487,198 | $ | 7,699,007 | 91886 | ||||
| 4P50 | 715654 | Cozart Landfill | $ | 100,000 | $ | 100,000 | 91887 | ||||
| 4R50 | 715656 | Scrap Tire Management | $ | 5,125,000 | $ | 5,125,000 | 91888 | ||||
| 4R90 | 715658 | Voluntary Action Program | $ | 852,141 | $ | 852,141 | 91889 | ||||
| 4T30 | 715659 | Clean Air - Title V Permit Program | $ | 16,699,500 | $ | 16,699,500 | 91890 | ||||
| 4U70 | 715660 | Construction and Demolition Debris | $ | 888,970 | $ | 885,554 | 91891 | ||||
| 5000 | 715608 | Immediate Removal Special Account | $ | 437,798 | $ | 437,798 | 91892 | ||||
| 5030 | 715621 | Hazardous Waste Facility Management | $ | 8,887,756 | $ | 8,887,756 | 91893 | ||||
| 5050 | 715623 | Hazardous Waste Cleanup | $ | 11,955,989 | $ | 11,955,989 | 91894 | ||||
| 5050 | 715674 | Clean Ohio Environmental Review | $ | 109,725 | $ | 109,725 | 91895 | ||||
| 5410 | 715670 | Site Specific Cleanup | $ | 25,359 | $ | 25,359 | 91896 | ||||
| 5420 | 715671 | Risk Management Reporting | $ | 135,964 | $ | 135,964 | 91897 | ||||
| 5920 | 715627 | Anti Tampering Settlement | $ | 5,654 | $ | 5,654 | 91898 | ||||
| 5BC0 | 715617 | Clean Ohio | $ | 690,322 | $ | 690,322 | 91899 | ||||
| 5BC0 | 715622 | Local Air Pollution Control | $ | 1,026,369 | $ | 1,026,369 | 91900 | ||||
| 5BC0 | 715624 | Surface Water | $ | 8,997,413 | $ | 8,997,413 | 91901 | ||||
| 5BC0 | 715667 | Groundwater | $ | 1,093,741 | $ | 1,093,741 | 91902 | ||||
| 5BC0 | 715672 | Air Pollution Control | $ | 5,199,290 | $ | 5,199,290 | 91903 | ||||
| 5BC0 | 715673 | Drinking Water | $ | 2,550,250 | $ | 2,550,250 | 91904 | ||||
| 5BC0 | 715675 | Hazardous Waste | $ | 100,847 | $ | 100,847 | 91905 | ||||
| 5BC0 | 715676 | Assistance and Prevention | $ | 700,302 | $ | 700,302 | 91906 | ||||
| 5BC0 | 715677 | Laboratory | $ | 1,216,333 | $ | 1,216,333 | 91907 | ||||
| 5BC0 | 715678 | Corrective Actions | $ | 1,179,775 | $ | 1,179,775 | 91908 | ||||
| 5BC0 | 715687 | Areawide Planning Agencies | $ | 450,000 | $ | 450,000 | 91909 | ||||
| 5BC0 | 715690 | Environmental Review Appeals | $ | 487,000 | $ | 487,000 | 91910 | ||||
| 5BT0 | 715679 | C&DD Groundwater Monitoring | $ | 200,000 | $ | 203,800 | 91911 | ||||
| 5BY0 | 715681 | Auto Emissions Test | $ | 14,385,892 | $ | 14,803,470 | 91912 | ||||
| 5CD0 | 715682 | Clean Diesel School Buses | $ | 600,000 | $ | 600,000 | 91913 | ||||
| 5H40 | 715664 | Groundwater Support | $ | 1,872,193 | $ | 1,884,247 | 91914 | ||||
| 5N20 | 715613 | Dredge and Fill | $ | 30,000 | $ | 30,000 | 91915 | ||||
| 5Y30 | 715685 | Surface Water Improvement | $ | 2,000,000 | $ | 500,000 | 91916 | ||||
| 6440 | 715631 | ER Radiological Safety | $ | 286,114 | $ | 286,114 | 91917 | ||||
| 6600 | 715629 | Infectious Waste Management | $ | 100,000 | $ | 100,000 | 91918 | ||||
| 6760 | 715642 | Water Pollution Control Loan Administration | $ | 4,610,529 | $ | 4,832,682 | 91919 | ||||
| 6780 | 715635 | Air Toxic Release | $ | 174,600 | $ | 179,746 | 91920 | ||||
| 6790 | 715636 | Emergency Planning | $ | 2,623,395 | $ | 2,628,647 | 91921 | ||||
| 6960 | 715643 | Air Pollution Control Administration | $ | 750,000 | $ | 750,000 | 91922 | ||||
| 6990 | 715644 | Water Pollution Control Administration | $ | 750,000 | $ | 750,000 | 91923 | ||||
| 6A10 | 715645 | Environmental Education | $ | 1,500,000 | $ | 1,500,000 | 91924 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 134,505,201 | $ | 134,960,492 | 91925 | ||||||
| Clean Ohio Conservation Fund Group | 91926 |
| 5S10 | 715607 | Clean Ohio - Operating | $ | 291,174 | $ | 291,174 | 91927 | ||||
| TOTAL CLF Clean Ohio Conservation Fund Group | $ | 291,174 | $ | 291,174 | 91928 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 190,359,657 | $ | 188,987,875 | 91929 | ||||||
| AUTOMOBILE EMISSIONS TESTING PROGRAM OPERATION AND OVERSIGHT | 91930 |
| On July 1 of each fiscal year, or as soon as possible | 91931 |
| thereafter, the Director of Budget and Management shall transfer | 91932 |
| $14,385,892 in fiscal year 2010, and $14,803,470 in fiscal year | 91933 |
| 2011 in cash from the General Revenue Fund to the Auto Emissions | 91934 |
| Test Fund (Fund 5BY0) for the operation and oversight of the auto | 91935 |
| emissions testing program. | 91936 |
| Effective September 30, 2009, or as soon as possible | 91937 |
| thereafter, the Director of Budget and Management shall transfer | 91938 |
| the cash balance in the Motor Vehicle Inspection and Maintenance | 91939 |
| Fund (Fund 6020) to Fund 5BY0. Fund 6020 is abolished in division | 91940 |
| (D) of section 3704.14 of the Revised Code as amended by this act. | 91941 |
| AREAWIDE PLANNING AGENCIES | 91942 |
| The Director of Environmental Protection Agency shall award | 91943 |
| grants from appropriation item 715687, Areawide Planning Agencies, | 91944 |
| to areawide planning agencies engaged in areawide water quality | 91945 |
| management and planning activities in accordance with Section 208 | 91946 |
| of the "Federal Clean Water Act," 33 U.S.C. 1288. | 91947 |
| ENVIRONMENTAL REVIEW AND APPEALS | 91948 |
| The foregoing appropriation item 715690, Environmental Review | 91949 |
| Appeals, shall be used to support the Environmental Review Appeals | 91950 |
| Commission. | 91951 |
| CORRECTIVE CASH TRANSFER FOR COPPERWELD BANKRUPTCY SETTLEMENT | 91952 |
| On July 1, 2009, or as soon as possible thereafter, the | 91953 |
| Director of Budget and Management shall transfer $1,323,933.19 in | 91954 |
| cash, which the Agency received from the Copperweld bankruptcy | 91955 |
| settlement, that was mistakenly deposited in the Hazardous Waste | 91956 |
| Cleanup Fund (Fund 5050) to the Environmental Protection | 91957 |
| Remediation Fund (Fund 5410). | 91958 |
| Section 281.10. ETC ETECH OHIO | 91959 |
| General Revenue Fund | 91960 |
| GRF | 935401 | Statehouse News Bureau | $ | 219,960 | $ | 219,960 | 91961 | ||||
| GRF | 935402 | Ohio Government Telecommunications Services | $ | 716,417 | $ | 716,417 | 91962 | ||||
| GRF | 935408 | General Operations | $ | 2,150,917 | $ | 2,164,444 | 91963 | ||||
| GRF | 935409 | Technology Operations | $ | 3,594,504 | $ | 3,602,446 | 91964 | ||||
| GRF | 935410 | Content Development, Acquisition, and Distribution | $ | 4,137,306 | $ | 4,138,244 | 91965 | ||||
| GRF | 935411 | Technology Integration and Professional Development | $ | 6,963,226 | $ | 6,977,487 | 91966 | ||||
| GRF | 935412 | Information Technology | $ | 1,387,062 | $ | 1,350,394 | 91967 | ||||
| TOTAL GRF General Revenue Fund | $ | 19,169,392 | $ | 19,169,392 | 91968 | ||||||
| General Services Fund Group | 91969 |
| 4F30 | 935603 | Affiliate Services | $ | 450,000 | $ | 50,000 | 91970 | ||||
| 4T20 | 935605 | Government Television/Telecommunications Operating | $ | 25,000 | $ | 25,000 | 91971 | ||||
| TOTAL GSF General Services Fund Group | $ | 475,000 | $ | 75,000 | 91972 | ||||||
| Federal Special Revenue Fund Group | 91973 |
| 3S30 | 935606 | Enhancing Education Technology | $ | 163,000 | $ | 163,000 | 91974 | ||||
| 3X80 | 935604 | IDEA | $ | 18,892 | $ | 0 | 91975 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 181,892 | $ | 163,000 | 91976 | ||||||
| State Special Revenue Fund Group | 91977 |
| 4W90 | 935630 | Telecommunity | $ | 25,000 | $ | 25,000 | 91978 | ||||
| 4X10 | 935634 | Distance Learning | $ | 23,734 | $ | 24,150 | 91979 | ||||
| 5D40 | 935640 | Conference/Special Purposes | $ | 1,471,396 | $ | 1,473,527 | 91980 | ||||
| 5FK0 | 935608 | Media Services | $ | 300,000 | $ | 300,000 | 91981 | ||||
| 5T30 | 935607 | Gates Foundation Grants | $ | 200,000 | $ | 200,000 | 91982 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 2,020,130 | $ | 2,022,677 | 91983 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 21,846,414 | $ | 21,430,069 | 91984 | ||||||
| Section 281.20. STATEHOUSE NEWS BUREAU | 91986 |
| The foregoing appropriation item 935401, Statehouse News | 91987 |
| Bureau, shall be used solely to support the operations of the Ohio | 91988 |
| Statehouse News Bureau. | 91989 |
| OHIO GOVERNMENT TELECOMMUNICATIONS SERVICES | 91990 |
| The foregoing appropriation item 935402, Ohio Government | 91991 |
| Telecommunications Services, shall be used solely to support the | 91992 |
| operations of Ohio Government Telecommunications Services which | 91993 |
| include providing multimedia support to the state government and | 91994 |
| its affiliated organizations and broadcasting the activities of | 91995 |
| the legislative, judicial, and executive branches of state | 91996 |
| government, among its other functions. | 91997 |
| TECHNOLOGY OPERATIONS | 91998 |
| The foregoing appropriation item 935409, Technology | 91999 |
| Operations, shall be used by eTech Ohio to pay expenses of eTech | 92000 |
| Ohio's network infrastructure, which includes the television and | 92001 |
| radio transmission infrastructure and infrastructure that shall | 92002 |
| link all public K-12 classrooms to each other and to the Internet, | 92003 |
| and provide access to voice, video, other communication services, | 92004 |
| and data educational resources for students and teachers. | 92005 |
| CONTENT DEVELOPMENT, ACQUISITION, AND DISTRIBUTION | 92006 |
| The foregoing appropriation 935410, Content Development, | 92007 |
| Acquisition, and Distribution, shall be used for the development, | 92008 |
| acquisition, and distribution of information resources by public | 92009 |
| media and radio reading services and for educational use in the | 92010 |
| classroom and online. | 92011 |
| Of the foregoing appropriation item 935410, Content | 92012 |
| Development, Acquisition, and Distribution, up to $1,104,605 in | 92013 |
| fiscal year 2010 and up to $1,104,905 in fiscal year 2011 shall be | 92014 |
| allocated equally among the 12 Ohio educational television | 92015 |
| stations and used with the advice and approval of eTech Ohio. | 92016 |
| Funds shall be used for the production of interactive | 92017 |
| instructional programming series with priority given to resources | 92018 |
| aligned with state academic content standards in consultation | 92019 |
| with the Ohio Department of Education and for teleconferences to | 92020 |
| support eTech Ohio. The programming shall be targeted to the | 92021 |
| needs of the poorest two hundred school districts as determined | 92022 |
| by the district's adjusted valuation per pupil as defined in | 92023 |
| former section 3317.0213 of the Revised Code as that section | 92024 |
| existed prior to June 30, 2005. | 92025 |
| Of the foregoing appropriation item 935410, Content | 92026 |
| Development, Acquisition, and Distribution, up to $2,695,736 in | 92027 |
| fiscal year 2010 and up to $2,696,336 in fiscal year 2011 shall be | 92028 |
| distributed by eTech Ohio to Ohio's qualified public educational | 92029 |
| television stations and educational radio stations to support | 92030 |
| their operations. The funds shall be distributed pursuant to an | 92031 |
| allocation formula used by the Ohio Educational | 92032 |
| Telecommunications Network Commission unless a substitute formula | 92033 |
| is developed by eTech Ohio in consultation with Ohio's qualified | 92034 |
| public educational television stations and educational radio | 92035 |
| stations. | 92036 |
| Of the foregoing appropriation 935410, Content Development, | 92037 |
| Acquisition, and Distribution, up to $336,965 in fiscal year 2010 | 92038 |
| and up to $337,003 in fiscal year 2011 shall be distributed by | 92039 |
| eTech Ohio to Ohio's qualified radio reading services to support | 92040 |
| their operations. The funds shall be distributed pursuant to an | 92041 |
| allocation formula used by the Ohio Educational Telecommunications | 92042 |
| Network Commission unless a substitute formula is developed by | 92043 |
| eTech Ohio in consultation with Ohio's qualified radio reading | 92044 |
| services. | 92045 |
| Section 281.30. TECHNOLOGY INTEGRATION AND PROFESSIONAL | 92046 |
| DEVELOPMENT | 92047 |
| The foregoing appropriation item 935411, Technology | 92048 |
| Integration and Professional Development, shall be used by eTech | 92049 |
| Ohio for the provision of staff development, hardware, software, | 92050 |
| telecommunications services, and information resources to support | 92051 |
| educational uses of technology in the classroom and at a distance | 92052 |
| and for professional development for teachers, administrators, and | 92053 |
| technology staff on the use of educational technology in | 92054 |
| qualifying public schools, including the State School for the | 92055 |
| Blind, the State School for the Deaf, and the Department of Youth | 92056 |
| Services. | 92057 |
| Of the foregoing appropriation item 935411, Technology | 92058 |
| Integration and Professional Development, up to $2,675,641 in | 92059 |
| fiscal year 2010 and up to $2,675,966 in fiscal year 2011, shall | 92060 |
| be used by eTech Ohio to contract with educational television to | 92061 |
| provide Ohio public schools with instructional resources and | 92062 |
| services with priority given to resources and services aligned | 92063 |
| with state academic content standards and such resources and | 92064 |
| services shall be based upon the advice and approval of eTech | 92065 |
| Ohio, based on a formula used by the Ohio SchoolNet Commission | 92066 |
| unless and until a substitute formula is developed by eTech Ohio | 92067 |
| in consultation with Ohio's educational technology agencies and | 92068 |
| noncommercial educational television stations. | 92069 |
| Section 281.40. TELECOMMUNITY | 92070 |
| The foregoing appropriation item 935630, Telecommunity, | 92071 |
| shall be distributed by eTech Ohio on a grant basis to eligible | 92072 |
| school districts to establish "distance learning" through | 92073 |
| interactive video technologies in the school district. Per | 92074 |
| agreements with eight Ohio local telephone companies, ALLTEL Ohio, | 92075 |
| CENTURY Telephone of Ohio, Chillicothe Telephone Company, | 92076 |
| Cincinnati Bell Telephone Company, Orwell Telephone Company, | 92077 |
| Sprint North Central Telephone, VERIZON, and Western Reserve | 92078 |
| Telephone Company, school districts are eligible for funds if they | 92079 |
| are within one of the listed telephone company service areas. | 92080 |
| Funds to administer the program shall be expended by eTech Ohio up | 92081 |
| to the amount specified in the agreements with the listed | 92082 |
| telephone companies. | 92083 |
| Within thirty days after the effective date of this section, | 92084 |
| the Director of Budget and Management shall transfer to Fund 4W90 | 92085 |
| in the State Special Revenue Fund Group any investment earnings | 92086 |
| from moneys paid by any telephone company as part of any | 92087 |
| settlement agreement between the listed companies and the Public | 92088 |
| Utilities Commission in fiscal years 1996 and beyond. | 92089 |
| DISTANCE LEARNING | 92090 |
| The foregoing appropriation item 935634, Distance Learning, | 92091 |
| shall be distributed by eTech Ohio on a grant basis to eligible | 92092 |
| school districts to establish "distance learning" in the school | 92093 |
| district. Per an agreement with Ameritech, school districts are | 92094 |
| eligible for funds if they are within an Ameritech service area. | 92095 |
| Funds to administer the program shall be expended by eTech Ohio up | 92096 |
| to the amount specified in the agreement with Ameritech. | 92097 |
| Within thirty days after the effective date of this section, | 92098 |
| the Director of Budget and Management shall transfer to Fund 4X10 | 92099 |
| in the State Special Revenue Fund Group any investment earnings | 92100 |
| from moneys paid by any telephone company as part of a settlement | 92101 |
| agreement between the company and the Public Utilities Commission | 92102 |
| in fiscal year 1995. | 92103 |
| GATES FOUNDATION GRANTS | 92104 |
| The foregoing appropriation item 935607, Gates Foundation | 92105 |
| Grants, shall be used by eTech Ohio to provide professional | 92106 |
| development to school district principals, superintendents, and | 92107 |
| other administrative staff on the use of education technology. | 92108 |
| Section 283.10. ETH OHIO ETHICS COMMISSION | 92109 |
| General Revenue Fund | 92110 |
| GRF | 146321 | Operating Expenses | $ | 1,659,310 | $ | 1,659,310 | 92111 | ||||
| TOTAL GRF General Revenue Fund | $ | 1,659,310 | $ | 1,659,310 | 92112 | ||||||
| General Services Fund Group | 92113 |
| 4M60 | 146601 | Operating Expenses | $ | 440,086 | $ | 440,086 | 92114 | ||||
| TOTAL GSF General Services | 92115 | ||||||||||
| Fund Group | $ | 440,086 | $ | 440,086 | 92116 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 2,099,396 | $ | 2,099,396 | 92117 | ||||||
| Section 285.10. EXP OHIO EXPOSITIONS COMMISSION | 92119 |
| General Revenue Fund | 92120 |
| GRF | 723403 | Junior Fair Subsidy | $ | 360,000 | $ | 360,000 | 92121 | ||||
| TOTAL GRF General Revenue Fund | $ | 360,000 | $ | 360,000 | 92122 | ||||||
| State Special Revenue Fund Group | 92123 |
| 4N20 | 723602 | Ohio State Fair Harness Racing | $ | 520,000 | $ | 520,000 | 92124 | ||||
| 5060 | 723601 | Operating Expenses | $ | 11,753,315 | $ | 11,753,315 | 92125 | ||||
| TOTAL SSR State Special Revenue | 92126 | ||||||||||
| Fund Group | $ | 12,273,315 | $ | 12,273,315 | 92127 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 12,633,315 | $ | 12,633,315 | 92128 | ||||||
| STATE FAIR RESERVE | 92129 |
| The General Manager of the Expositions Commission may submit | 92130 |
| a request to the Controlling Board to use available amounts in | 92131 |
| the State Fair Reserve Fund (Fund 6400) if the following | 92132 |
| conditions apply: | 92133 |
| (A) Admissions receipts for the 2009 or 2010 Ohio State Fair | 92134 |
| are less than $1,982,000 because of inclement weather or | 92135 |
| extraordinary circumstances; | 92136 |
| (B) The Ohio Expositions Commission declares a state of | 92137 |
| fiscal exigency; and | 92138 |
| (C) The request contains a plan describing how the | 92139 |
| Expositions Commission will eliminate the cash shortage causing | 92140 |
| the request. | 92141 |
| The amount approved by the Controlling Board is hereby | 92142 |
| appropriated. | 92143 |
| Section 287.10. GOV OFFICE OF THE GOVERNOR | 92144 |
| General Revenue Fund | 92145 |
| GRF | 040321 | Operating Expenses | $ | 2,971,945 | $ | 2,971,945 | 92146 | ||||
| GRF | 040403 | Federal Relations | $ | 201,201 | $ | 201,201 | 92147 | ||||
| TOTAL GRF General Revenue Fund | $ | 3,173,146 | $ | 3,173,146 | 92148 | ||||||
| General Services Fund Group | 92149 |
| 5AK0 | 040607 | Federal Relations | $ | 365,149 | $ | 365,149 | 92150 | ||||
| TOTAL GSF General Services Fund Group | $ | 365,149 | $ | 365,149 | 92151 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 3,538,295 | $ | 3,538,295 | 92152 |
| FEDERAL RELATIONS | 92153 |
| A portion of the foregoing appropriation items 040403, | 92154 |
| Federal Relations, and 040607, Federal Relations, may be used to | 92155 |
| support Ohio's membership in national or regional associations. | 92156 |
| The Office of the Governor may charge any state agency of the | 92157 |
| executive branch using an intrastate transfer voucher such amounts | 92158 |
| necessary to defray the costs incurred for the conduct of federal | 92159 |
| relations associated with issues that can be attributed to the | 92160 |
| agency. Amounts collected shall be deposited in the Federal | 92161 |
| Relations Fund (Fund 5AK0). | 92162 |
| Section 289.10. DOH DEPARTMENT OF HEALTH | 92163 |
| General Revenue Fund | 92164 |
| GRF | 440407 | Animal Borne Disease and Prevention | $ | 600,000 | $ | 642,291 | 92165 | ||||
| GRF | 440412 | Cancer Incidence Surveillance System | $ | 874,234 | $ | 874,234 | 92166 | ||||
| GRF | 440413 | Local Health Department Support | $ | 3,301,921 | $ | 3,301,921 | 92167 | ||||
| GRF | 440416 | Mothers and Children Safety Net Services | $ | 7,538,449 | $ | 7,538,449 | 92168 | ||||
| GRF | 440418 | Immunizations | $ | 7,739,432 | $ | 7,839,432 | 92169 | ||||
| GRF | 440431 | Free Clinics Safety Net Services | $ | 624,751 | $ | 624,751 | 92170 | ||||
| GRF | 440438 | Breast and Cervical Cancer Screening | $ | 2,500,000 | $ | 2,500,000 | 92171 | ||||
| GRF | 440444 | AIDS Prevention and Treatment | $ | 6,442,314 | $ | 6,442,314 | 92172 | ||||
| GRF | 440446 | Infectious Disease Protection and Surveillance | $ | 500,000 | $ | 500,000 | 92173 | ||||
| GRF | 440451 | Public Health Laboratory | $ | 3,099,138 | $ | 3,099,138 | 92174 | ||||
| GRF | 440452 | Child and Family Health Services Match | $ | 921,615 | $ | 921,615 | 92175 | ||||
| GRF | 440453 | Health Care Quality Assurance | $ | 9,917,765 | $ | 9,917,765 | 92176 | ||||
| GRF | 440454 | Local Environmental Health | $ | 791,677 | $ | 791,677 | 92177 | ||||
| GRF | 440459 | Help Me Grow | $ | 14,965,000 | $ | 14,965,000 | 92178 | ||||
| GRF | 440465 | Federally Qualified Health Centers | $ | 2,686,688 | $ | 2,686,688 | 92179 | ||||
| GRF | 440467 | Access to Dental Care | $ | 772,120 | $ | 772,120 | 92180 | ||||
| GRF | 440469 | Health - Federal Stimulus | $ | 2,680,035 | $ | 2,463,903 | 92181 | ||||
| GRF | 440505 | Medically Handicapped Children | $ | 8,762,451 | $ | 8,762,451 | 92182 | ||||
| GRF | 440507 | Targeted Health Care Services Over 21 | $ | 1,493,449 | $ | 1,493,449 | 92183 | ||||
| GRF | 440511 | Uncompensated Care/Emergency Medical Assistance | $ | 589,738 | $ | 663,579 | 92184 | ||||
| TOTAL GRF General Revenue Fund | $ | 76,800,777 | $ | 76,800,777 | 92185 | ||||||
| State Highway Safety Fund Group | 92186 |
| 4T40 | 440603 | Child Highway Safety | $ | 233,894 | $ | 233,894 | 92187 | ||||
| TOTAL HSF State Highway Safety | $ | $ | 92188 | ||||||||
| Fund Group | $ | 233,894 | $ | 233,894 | 92189 | ||||||
| General Services Fund Group | 92190 |
| 1420 | 440646 | Agency Health Services | $ | 7,961,915 | $ | 7,961,915 | 92191 | ||||
| 2110 | 440613 | Central Support Indirect Costs | $ | 28,884,706 | $ | 28,884,706 | 92192 | ||||
| 4730 | 440622 | Lab Operating Expenses | $ | 4,954,045 | $ | 4,954,045 | 92193 | ||||
| 6830 | 440633 | Employee Assistance Program | $ | 1,204,905 | $ | 1,204,905 | 92194 | ||||
| 6980 | 440634 | Nurse Aide Training | $ | 100,000 | $ | 100,000 | 92195 | ||||
| TOTAL GSF General Services | 92196 | ||||||||||
| Fund Group | $ | 43,105,571 | $ | 43,105,571 | 92197 | ||||||
| Federal Special Revenue Fund Group | 92198 |
| 3200 | 440601 | Maternal Child Health Block Grant | $ | 29,056,772 | $ | 29,068,886 | 92199 | ||||
| 3870 | 440602 | Preventive Health Block Grant | $ | 7,826,659 | $ | 7,826,659 | 92200 | ||||
| 3890 | 440604 | Women, Infants, and Children | $ | 298,672,689 | $ | 308,672,689 | 92201 | ||||
| 3910 | 440606 | Medicaid/Medicare | $ | 25,891,157 | $ | 26,826,242 | 92202 | ||||
| 3920 | 440618 | Federal Public Health Programs | $ | 136,778,215 | $ | 136,778,215 | 92203 | ||||
| TOTAL FED Federal Special Revenue | 92204 | ||||||||||
| Fund Group | $ | 498,225,492 | $ | 509,172,691 | 92205 | ||||||
| State Special Revenue Fund Group | 92206 |
| 4700 | 440647 | Fee Supported Programs | $ | 23,923,382 | $ | 23,923,382 | 92207 | ||||
| 4710 | 440619 | Certificate of Need | $ | 898,000 | $ | 898,000 | 92208 | ||||
| 4770 | 440627 | Medically Handicapped Children Audit | $ | 3,693,016 | $ | 3,693,016 | 92209 | ||||
| 4D60 | 440608 | Genetics Services | $ | 3,317,000 | $ | 3,317,000 | 92210 | ||||
| 4F90 | 440610 | Sickle Cell Disease Control | $ | 1,035,344 | $ | 1,035,344 | 92211 | ||||
| 4G00 | 440636 | Heirloom Birth Certificate | $ | 5,000 | $ | 5,000 | 92212 | ||||
| 4G00 | 440637 | Birth Certificate Surcharge | $ | 5,000 | $ | 5,000 | 92213 | ||||
| 4L30 | 440609 | Miscellaneous Expenses | $ | 333,164 | $ | 333,164 | 92214 | ||||
| 4P40 | 440628 | Ohio Physician Loan Repayment | $ | 476,870 | $ | 476,870 | 92215 | ||||
| 4V60 | 440641 | Save Our Sight | $ | 2,260,880 | $ | 2,260,880 | 92216 | ||||
| 5B50 | 440616 | Quality, Monitoring, and Inspection | $ | 838,479 | $ | 838,479 | 92217 | ||||
| 5C00 | 440615 | Alcohol Testing and Permit | $ | 1,126,239 | $ | 1,126,239 | 92218 | ||||
| 5CJ0 | 440654 | Sewage Treatment System Innovation | $ | 250,000 | $ | 250,000 | 92219 | ||||
| 5CN0 | 440645 | Choose Life | $ | 75,000 | $ | 75,000 | 92220 | ||||
| 5D60 | 440620 | Second Chance Trust | $ | 1,054,951 | $ | 1,054,951 | 92221 | ||||
| 5ED0 | 440651 | Smoke Free Indoor Air | $ | 189,500 | $ | 190,452 | 92222 | ||||
| 5G40 | 440639 | Adoption Services | $ | 20,000 | $ | 20,000 | 92223 | ||||
| 5L10 | 440623 | Nursing Facility Technical Assistance Program | $ | 548,062 | $ | 548,062 | 92224 | ||||
| 5Z70 | 440624 | Ohio Dentist Loan Repayment | $ | 140,000 | $ | 140,000 | 92225 | ||||
| 6100 | 440626 | Radiation Emergency Response | $ | 850,000 | $ | 850,000 | 92226 | ||||
| 6660 | 440607 | Medically Handicapped Children - County Assessments | $ | 17,320,687 | $ | 17,320,687 | 92227 | ||||
| TOTAL SSR State Special Revenue | 92228 | ||||||||||
| Fund Group | $ | 58,360,574 | $ | 58,361,526 | 92229 | ||||||
| Holding Account Redistribution Fund Group | 92230 |
| R014 | 440631 | Vital Statistics | $ | 44,986 | $ | 44,986 | 92231 | ||||
| R048 | 440625 | Refunds, Grants Reconciliation, and Audit Settlements | $ | 20,000 | $ | 20,000 | 92232 | ||||
| TOTAL 090 Holding Account | 92233 | ||||||||||
| Redistribution Fund Group | $ | 64,986 | $ | 64,986 | 92234 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 676,791,294 | $ | 687,739,445 | 92235 | ||||||
| Section 289.20. HIV/AIDS PREVENTION/TREATMENT | 92237 |
| The foregoing appropriation item 440444, AIDS Prevention and | 92238 |
| Treatment, shall be used to assist persons with HIV/AIDS in | 92239 |
| acquiring HIV-related medications and to administer educational | 92240 |
| prevention initiatives. | 92241 |
| INFECTIOUS DISEASE PREVENTION | 92242 |
| The foregoing appropriation item 440446, Infectious Disease | 92243 |
| Protection and Surveillance, shall be used for coordination and | 92244 |
| management of prevention program operations and the purchase of | 92245 |
| drugs for sexually transmitted diseases. | 92246 |
| HELP ME GROW | 92247 |
| The foregoing appropriation item 440459, Help Me Grow, shall | 92248 |
| be used by the Department of Health to distribute subsidies to | 92249 |
| counties to implement the Help Me Grow Program. Appropriation item | 92250 |
| 440459, Help Me Grow, may be used in conjunction with Early | 92251 |
| Intervention funding from the Department of Mental Retardation | 92252 |
| and Developmental Disabilities, and in conjunction with other | 92253 |
| early childhood funds and services to promote the optimal | 92254 |
| development of young children and family-centered programs and | 92255 |
| services that acknowledge and support the social, emotional, | 92256 |
| cognitive, intellectual, and physical development of children and | 92257 |
| the vital role of families in ensuring the well-being and success | 92258 |
| of children. The Department of Health shall enter into an | 92259 |
| interagency agreement with the Department of Education, | 92260 |
| Department of Mental Retardation and Developmental | 92261 |
| Disabilities, Department of Job and Family Services, and | 92262 |
| Department of Mental Health to ensure that all early childhood | 92263 |
| programs and initiatives are coordinated and school linked. | 92264 |
| Of the foregoing appropriation item 440459, Help Me Grow, if | 92265 |
| a county Family and Children First Council selects home-visiting | 92266 |
| programs, the home-visiting program shall only be eligible for | 92267 |
| funding if it serves pregnant women, or parents or other primary | 92268 |
| caregivers and the parent or other primary caregiver's child or | 92269 |
| children under the age of entry into kindergarten, through quality | 92270 |
| programs of early childhood home visitation and if the home | 92271 |
| visitations are performed by nurses, social workers, child | 92272 |
| development specialists or other well-trained and competent staff, | 92273 |
| as demonstrated by education or training and the provision of | 92274 |
| ongoing specific training and supervision in the model of service | 92275 |
| being delivered. The home-visiting program also shall be required | 92276 |
| to have outcome and research standards that demonstrate ongoing | 92277 |
| positive outcomes for children, parents, and other primary | 92278 |
| caregivers that enhance child health and development, and conform | 92279 |
| to a clear consistent home visitation model that has been in | 92280 |
| existence for at least three years. The home visitation model | 92281 |
| shall be research-based; grounded in relevant, empirically based | 92282 |
| knowledge; linked to program-determined outcomes; associated with | 92283 |
| a national organization or institution of higher education that | 92284 |
| has comprehensive home visitation program standards that ensure | 92285 |
| high quality service delivery and continuous program improvement; | 92286 |
| and have demonstrated significant positive outcomes when evaluated | 92287 |
| using well-designed and rigorous randomized, controlled, or | 92288 |
| quasi-experimental research designs, and the evaluation results | 92289 |
| have been published in a peer-reviewed journal. | 92290 |
| The foregoing appropriation item 440459, Help Me Grow, may | 92291 |
| also be used for the Autism Diagnosis Education Pilot Program. | 92292 |
| DEPARTMENT OF HEALTH - FEDERAL STIMULUS | 92293 |
| Upon the request of the Director of Health, the Director of | 92294 |
| Budget and Management may transfer appropriation from | 92295 |
| appropriation item 440469, Health – Federal Stimulus, to the | 92296 |
| following appropriation items: $300,000 in fiscal year 2010 and | 92297 |
| $257,709 in fiscal year 2011 to appropriation item 440407, Animal | 92298 |
| Borne Disease and Prevention; $50,000 in each fiscal year to | 92299 |
| appropriation item 440412, Cancer Incidence Surveillance System; | 92300 |
| $106,194 in each fiscal year to appropriation item 440413, Local | 92301 |
| Health Department Support; $800,000 in fiscal year 2010 and | 92302 |
| $700,000 in fiscal year 2011 to appropriation item 440418, | 92303 |
| Immunizations; $200,000 in each fiscal year to appropriation item | 92304 |
| 440431, Free Clinics Safety Net Services; $200,000 in each fiscal | 92305 |
| year to appropriation item 440446, Infectious Disease Protection | 92306 |
| and Surveillance; $100,000 in each fiscal year to appropriation | 92307 |
| item 440454, Local Environmental Health; $50,000 in each fiscal | 92308 |
| year to appropriation item 440465, Federally Qualified Health | 92309 |
| Centers; $100,000 in each fiscal year to appropriation item | 92310 |
| 440468, Chronic Disease and Injury Prevention; and $773,841 in | 92311 |
| fiscal year 2010 and $700,000 in fiscal year 2011 to appropriation | 92312 |
| item 440511, Uncompensated Care/Emergency Medical Assistance. | 92313 |
| TARGETED HEALTH CARE SERVICES OVER 21 | 92314 |
| The foregoing appropriation item 440507, Targeted Health | 92315 |
| Care Services Over 21, shall be used to administer the Cystic | 92316 |
| Fibrosis Program and to implement the Hemophilia Insurance | 92317 |
| Premium Payment Program. | 92318 |
| The foregoing appropriation item 440507, Targeted Health | 92319 |
| Care Services Over 21, shall also be used to provide essential | 92320 |
| medications and to pay the copayments for drugs approved by the | 92321 |
| Department of Health and covered by Medicare Part D that are | 92322 |
| dispensed to Bureau for Children with Medical Handicaps (BCMH) | 92323 |
| participants for the Cystic Fibrosis Program. | 92324 |
| These funds also may be used, to the extent that funding is | 92325 |
| available, to provide up to 18 in-patient hospital days for | 92326 |
| participants in the Cystic Fibrosis Program. | 92327 |
| The Department shall expend all of these funds. | 92328 |
| GENETICS SERVICES | 92329 |
| The foregoing appropriation item 440608, Genetics Services | 92330 |
| (Fund 4D60), shall be used by the Department of Health to | 92331 |
| administer programs authorized by sections 3701.501 and 3701.502 | 92332 |
| of the Revised Code. None of these funds shall be used to counsel | 92333 |
| or refer for abortion, except in the case of a medical emergency. | 92334 |
| MEDICALLY HANDICAPPED CHILDREN AUDIT | 92335 |
| The Medically Handicapped Children Audit Fund (Fund 4770) | 92336 |
| shall receive revenue from audits of hospitals and recoveries from | 92337 |
| third-party payers. Moneys may be expended for payment of audit | 92338 |
| settlements and for costs directly related to obtaining recoveries | 92339 |
| from third-party payers and for encouraging Medically Handicapped | 92340 |
| Children's Program recipients to apply for third-party benefits. | 92341 |
| Moneys also may be expended for payments for diagnostic and | 92342 |
| treatment services on behalf of medically handicapped children, as | 92343 |
| defined in division (A) of section 3701.022 of the Revised Code, | 92344 |
| and Ohio residents who are twenty-one or more years of age and who | 92345 |
| are suffering from cystic fibrosis or hemophilia. Moneys may also | 92346 |
| be expended for administrative expenses incurred in operating the | 92347 |
| Medically Handicapped Children's Program. | 92348 |
| CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND | 92349 |
| PERMIT FUND | 92350 |
| The Director of Budget and Management, pursuant to a plan | 92351 |
| submitted by the Department of Health, or as otherwise determined | 92352 |
| by the Director of Budget and Management, shall set a schedule to | 92353 |
| transfer cash from the Liquor Control Fund (Fund 7043) to the | 92354 |
| Alcohol Testing and Permit Fund (Fund 5C00) to meet the operating | 92355 |
| needs of the Alcohol Testing and Permit Program. | 92356 |
| The Director of Budget and Management may transfer to the | 92357 |
| Alcohol Testing and Permit Fund (Fund 5C00) from the Liquor | 92358 |
| Control Fund (Fund 7043) created in section 4301.12 of the Revised | 92359 |
| Code such amounts at such times as determined by the transfer | 92360 |
| schedule. | 92361 |
| DENTIST LOAN REPAYMENT ADVISORY BOARD | 92362 |
| As specified in the amendments made by this act to section | 92363 |
| 3702.92 of the Revised Code, the Governor, Speaker of the House of | 92364 |
| Representatives, and President of the Senate shall each appoint | 92365 |
| one additional member to the Dentist Loan Repayment Advisory | 92366 |
| Board. The appointments shall be made not later than sixty days | 92367 |
| after the effective date of section 3702.92 of the Revised Code. | 92368 |
| The terms of office of the additional members shall end on | 92369 |
| January 27, 2011, except that a legislative member ceases to be a | 92370 |
| member of the Board on ceasing to be a member of the General | 92371 |
| Assembly. Vacancies occurring prior to January 27, 2011, shall be | 92372 |
| filled in the manner prescribed for original appointments under | 92373 |
| this section. | 92374 |
| MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS | 92375 |
| The foregoing appropriation item 440607, Medically | 92376 |
| Handicapped Children - County Assessments (Fund 6660), shall be | 92377 |
| used to make payments under division (E) of section 3701.023 of | 92378 |
| the Revised Code. | 92379 |
| CASH TRANSFER FROM THE SEWAGE INNOVATION FUND TO FEE | 92380 |
| SUPPORTED PROGRAMS FUND | 92381 |
| On July 1, 2009, or as soon as possible thereafter, the | 92382 |
| Director of Health shall certify to the Director of Budget and | 92383 |
| Management the amount of cash to be transferred from the Sewage | 92384 |
| Innovation Fund (Fund 5CJ0) to the Fee Supported Program Fund | 92385 |
| (Fund 4700) to meet the needs of the Sewage Program. The Director | 92386 |
| of Budget and Management may transfer the amount certified. The | 92387 |
| amount certified is hereby appropriated. | 92388 |
| NURSING FACILITY TECHNICAL ASSISTANCE PROGRAM | 92389 |
| On July 1, 2009, or as soon as possible thereafter, the | 92390 |
| Director of Budget and Management may transfer, cash from the | 92391 |
| Resident Protection Fund (Fund 4E30), which is used by the Ohio | 92392 |
| Department of Job and Family Services, to the Nursing Facility | 92393 |
| Technical Assistance Program Fund (Fund 5L10), which is used by | 92394 |
| the Ohio Department of Health, to be used under section 3721.026 | 92395 |
| of the Revised Code. The transfers shall be up to $698,595 in each | 92396 |
| fiscal year. | 92397 |
| Section 289.30. DISEASE AND CANCER COMMISSION | 92398 |
| (A) There is hereby established in the Department of Health | 92399 |
| the Disease and Cancer Commission. The Commission shall be | 92400 |
| composed of individuals selected by the Director of Health who | 92401 |
| are both of the following: | 92402 |
| (1) Representatives of boards of health of city health | 92403 |
| districts or general health districts, or the authorities having | 92404 |
| the duties of a board of health under section 3709.05 of the | 92405 |
| Revised Code; | 92406 |
| (2) Located in an area in which the Director of Health | 92407 |
| determines there is a high prevalence of one of the following: | 92408 |
| (a) Colorectal cancer; | 92409 |
| (b) Prostate cancer; | 92410 |
| (c) Sickle cell anemia; | 92411 |
| (d) Triple negative breast cancer. | 92412 |
| (B) The Governor shall designate from among the Commission | 92413 |
| members an individual to serve as the chairperson of the | 92414 |
| Commission who shall establish the meeting time and locations for | 92415 |
| the Commission. | 92416 |
| (C) The Commission shall study colorectal cancer, prostate | 92417 |
| cancer, sickle cell anemia, and triple negative breast cancer in | 92418 |
| areas of the state in which the Director determines such | 92419 |
| conditions are prevalent. Not later than June 30, 2011, the | 92420 |
| Commission shall submit a report to the Governor, Speaker and | 92421 |
| Minority Leader of the House of Representatives, and President | 92422 |
| and Minority Leader of the Senate describing its findings on the | 92423 |
| prevalence of colorectal cancer, prostate cancer, sickle cell | 92424 |
| anemia, and triple negative breast cancer in the areas included | 92425 |
| in the study. The report shall include policy recommendations to | 92426 |
| combat the prevalence of these conditions in such areas. | 92427 |
| (D) The Commission shall cease to exist on submission of the | 92428 |
| report under division (C) of this section. | 92429 |
| Section 289.40. FUNDING FOR IMMUNIZATIONS | 92430 |
| To the extent permitted under state and federal law, the | 92431 |
| Department of Health shall use state general revenue funds and | 92432 |
| federal funds appropriated for the purchase of vaccinations to | 92433 |
| provide immunizations to children and adults in Ohio. | 92434 |
| Section 289.50. GRANTS FOR WOMEN'S HEALTH SERVICES | 92435 |
| If the Department of Health uses any state funds under | 92436 |
| section 289.10 of this act for grants for services that are | 92437 |
| included in the description of "women's health services" in | 92438 |
| section 3701.046 of the Revised Code, the Department shall comply | 92439 |
| with the requirements of that section with respect to those funds. | 92440 |
| Section 289.60. FEDERAL ABSTINENCE EDUCATION PROGRAM | 92441 |
| The Director of Health shall apply to the United States | 92442 |
| Secretary of Health and Human Services for abstinence education | 92443 |
| funding under Title V of the "Social Security Act," 42 U.S.C. 710. | 92444 |
| Section 291.10. HEF HIGHER EDUCATIONAL FACILITY COMMISSION | 92445 |
| Agency Fund Group | 92446 |
| 4610 | 372601 | Operating Expenses | $ | 16,819 | $ | 16,819 | 92447 | ||||
| TOTAL AGY Agency Fund Group | $ | 16,819 | $ | 16,819 | 92448 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 16,819 | $ | 16,819 | 92449 | ||||||
| Section 293.10. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS | 92451 |
| General Revenue Fund | 92452 |
| GRF | 148100 | Personal Services | $ | 157,216 | $ | 157,216 | 92453 | ||||
| GRF | 148200 | Maintenance | $ | 38,100 | $ | 38,100 | 92454 | ||||
| GRF | 148402 | Community Projects | $ | 129,264 | $ | 129,264 | 92455 | ||||
| TOTAL GRF General Revenue Fund | $ | 324,580 | $ | 324,580 | 92456 | ||||||
| General Services Fund Group | 92457 |
| 6010 | 148602 | Gifts and Miscellaneous | $ | 4,558 | $ | 4,558 | 92458 | ||||
| TOTAL GSF General Services | 92459 | ||||||||||
| Fund Group | $ | 4,558 | $ | 4,558 | 92460 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 329,138 | $ | 329,138 | 92461 | ||||||
| Section 295.10. OHS OHIO HISTORICAL SOCIETY | 92463 |
| General Revenue Fund | 92464 |
| GRF | 360501 | Education and Collections | $ | 3,291,754 | $ | 3,291,754 | 92465 | ||||
| GRF | 360502 | Site and Museum Operations | $ | 5,415,927 | $ | 5,415,927 | 92466 | ||||
| GRF | 360504 | Ohio Preservation Office | $ | 326,066 | $ | 326,066 | 92467 | ||||
| GRF | 360505 | National Afro-American Museum | $ | 592,568 | $ | 592,568 | 92468 | ||||
| GRF | 360506 | Hayes Presidential Center | $ | 401,490 | $ | 401,490 | 92469 | ||||
| TOTAL GRF General Revenue Fund | $ | 10,027,805 | $ | 10,027,805 | 92470 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 10,027,805 | $ | 10,027,805 | 92471 | ||||||
| SUBSIDY APPROPRIATION | 92472 |
| Upon approval by the Director of Budget and Management, the | 92473 |
| foregoing appropriation items shall be released to the Ohio | 92474 |
| Historical Society in quarterly amounts that in total do not | 92475 |
| exceed the annual appropriations. The funds and fiscal records of | 92476 |
| the society for fiscal year 2010 and fiscal year 2011 shall be | 92477 |
| examined by independent certified public accountants approved by | 92478 |
| the Auditor of State, and a copy of the audited financial | 92479 |
| statements shall be filed with the Office of Budget and | 92480 |
| Management. The society shall prepare and submit to the Office of | 92481 |
| Budget and Management the following: | 92482 |
| (A) An estimated operating budget for each fiscal year of the | 92483 |
| biennium. The operating budget shall be submitted at or near the | 92484 |
| beginning of each calendar year. | 92485 |
| (B) Financial reports, indicating actual receipts and | 92486 |
| expenditures for the fiscal year to date. These reports shall be | 92487 |
| filed at least semiannually during the fiscal biennium. | 92488 |
| The foregoing appropriations shall be considered to be the | 92489 |
| contractual consideration provided by the state to support the | 92490 |
| state's offer to contract with the Ohio Historical Society under | 92491 |
| section 149.30 of the Revised Code. | 92492 |
| STATE ARCHIVES | 92493 |
| Of the foregoing appropriation item 360501, Education and | 92494 |
| Collections, $910,459 in each fiscal year shall be used for the | 92495 |
| State Archives, Library, and Artifact Collections Program. | 92496 |
| HAYES PRESIDENTIAL CENTER | 92497 |
| If a United States government agency, including, but not | 92498 |
| limited to, the National Park Service, chooses to take over the | 92499 |
| operations or maintenance of the Hayes Presidential Center, in | 92500 |
| whole or in part, the Ohio Historical Society shall make | 92501 |
| arrangements with the National Park Service or other United States | 92502 |
| government agency for the efficient transfer of operations or | 92503 |
| maintenance. | 92504 |
| Section 301.10. REP OHIO HOUSE OF REPRESENTATIVES | 92505 |
| General Revenue Fund | 92506 |
| GRF | 025321 | Operating Expenses | $ | 18,517,093 | $ | 18,517,093 | 92507 | ||||
| TOTAL GRF General Revenue Fund | $ | 18,517,093 | $ | 18,517,093 | 92508 | ||||||
| General Services Fund Group | 92509 |
| 1030 | 025601 | House Reimbursement | $ | 1,433,664 | $ | 1,433,664 | 92510 | ||||
| 4A40 | 025602 | Miscellaneous Sales | $ | 37,849 | $ | 37,849 | 92511 | ||||
| TOTAL GSF General Services | 92512 | ||||||||||
| Fund Group | $ | 1,471,513 | $ | 1,471,513 | 92513 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 19,988,606 | $ | 19,988,606 | 92514 | ||||||
| OPERATING EXPENSES | 92515 |
| On July 1, 2009, or as soon as possible thereafter, the Clerk | 92516 |
| of the House of Representatives may certify to the Director of | 92517 |
| Budget and Management the amount of the unexpended, unencumbered | 92518 |
| balance of the foregoing appropriation item 025321, Operating | 92519 |
| Expenses, at the end of fiscal year 2009 to be reappropriated to | 92520 |
| fiscal year 2010. The amount certified is hereby reappropriated to | 92521 |
| the same appropriation item for fiscal year 2010. | 92522 |
| On July 1, 2010, or as soon as possible thereafter, the Clerk | 92523 |
| of the House of Representatives may certify to the Director of | 92524 |
| Budget and Management the amount of the unexpended, unencumbered | 92525 |
| balance of the foregoing appropriation item 025321, Operating | 92526 |
| Expenses, at the end of fiscal year 2010 to be reappropriated to | 92527 |
| fiscal year 2011. The amount certified is hereby reappropriated to | 92528 |
| the same appropriation item for fiscal year 2011. | 92529 |
| Section 303.10. HFA OHIO HOUSING FINANCE AGENCY | 92530 |
| Agency Fund Group | 92531 |
| 5AZ0 | 997601 | Housing Finance Agency Personal Services | $ | 8,614,627 | $ | 8,614,627 | 92532 | ||||
| TOTAL AGY Agency Fund Group | $ | 8,614,627 | $ | 8,614,627 | 92533 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 8,614,627 | $ | 8,614,627 | 92534 | ||||||
| Section 305.10. IGO OFFICE OF THE INSPECTOR GENERAL | 92536 |
| General Revenue Fund | 92537 |
| GRF | 965321 | Operating Expenses | $ | 1,164,218 | $ | 1,164,218 | 92538 | ||||
| TOTAL GRF General Revenue Fund | $ | 1,164,218 | $ | 1,164,218 | 92539 | ||||||
| General Services Fund Group | 92540 |
| 5FA0 | 965603 | Deputy Inspector General for ODOT | $ | 400,000 | $ | 400,000 | 92541 | ||||
| 5FT0 | 965604 | Deputy Inspector General for BWC/OIC | $ | 425,000 | $ | 425,000 | 92542 | ||||
| TOTAL GSF General Services Fund Group | $ | 825,000 | $ | 825,000 | 92543 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,989,218 | $ | 1,989,218 | 92544 | ||||||
| Section 307.10. INS DEPARTMENT OF INSURANCE | 92546 |
| General Revenue Fund | 92547 |
| GRF | 820607 | State Coverage Initiative | $ | 2,000,000 | $ | 2,000,000 | 92548 | ||||
| TOTAL GRF General Revenue Fund | $ | 2,000,000 | $ | 2,000,000 | 92549 | ||||||
| Federal Special Revenue Fund Group | 92550 |
| 3CX0 | 820608 | State Coverage Initiative - Federal | $ | 50,000,000 | $ | 100,000,000 | 92551 | ||||
| 3U50 | 820602 | OSHIIP Operating Grant | $ | 1,770,000 | $ | 1,790,000 | 92552 | ||||
| TOTAL FED Federal Special | 92553 | ||||||||||
| Revenue Fund Group | $ | 51,770,000 | $ | 101,790,000 | 92554 | ||||||
| State Special Revenue Fund Group | 92555 |
| 5540 | 820601 | Operating Expenses - OSHIIP | $ | 200,000 | $ | 200,000 | 92556 | ||||
| 5540 | 820606 | Operating Expenses | $ | 22,884,736 | $ | 22,884,736 | 92557 | ||||
| 5540 | 820609 | State Coverage Initiative Administration | $ | 479,575 | $ | 479,575 | 92558 | ||||
| 5550 | 820605 | Examination | $ | 7,868,768 | $ | 7,868,768 | 92559 | ||||
| TOTAL SSR State Special Revenue | 92560 | ||||||||||
| Fund Group | $ | 31,433,079 | $ | 31,433,079 | 92561 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 85,203,079 | $ | 135,223,079 | 92562 | ||||||
| STATE COVERAGE INITIATIVE | 92563 |
| Of the foregoing appropriation item 820607, State Coverage | 92564 |
| Initiative, up to $2,000,000 in each fiscal year shall be used to | 92565 |
| support health information technology strategies. No funds shall | 92566 |
| be released or used as state matching money for private funds | 92567 |
| unless the Department of Insurance secures private funds that are | 92568 |
| equal to or greater than a one-to-one matching ratio. In the | 92569 |
| selection procedures for the qualified private funds, the | 92570 |
| Department shall give preference to Ohio companies. | 92571 |
| MARKET CONDUCT EXAMINATION | 92572 |
| When conducting a market conduct examination of any insurer | 92573 |
| doing business in this state, the Superintendent of Insurance may | 92574 |
| assess the costs of the examination against the insurer. The | 92575 |
| superintendent may enter into consent agreements to impose | 92576 |
| administrative assessments or fines for conduct discovered that | 92577 |
| may be violations of statutes or rules administered by the | 92578 |
| superintendent. All costs, assessments, or fines collected shall | 92579 |
| be deposited to the credit of the Department of Insurance | 92580 |
| Operating Fund (Fund 5540). | 92581 |
| EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES | 92582 |
| The Director of Budget and Management, at the request of the | 92583 |
| Superintendent of Insurance, may transfer funds from the | 92584 |
| Department of Insurance Operating Fund (Fund 5540), established by | 92585 |
| section 3901.021 of the Revised Code, to the Superintendent's | 92586 |
| Examination Fund (Fund 5550), established by section 3901.071 of | 92587 |
| the Revised Code, only for expenses incurred in examining domestic | 92588 |
| fraternal benefit societies as required by section 3921.28 of the | 92589 |
| Revised Code. | 92590 |
| TRANSFER FROM FUND 5540 TO GENERAL REVENUE FUND | 92591 |
| Not later than the thirty-first day of July each fiscal year, | 92592 |
| the Director of Budget and Management shall transfer $5,000,000 | 92593 |
| from the Department of Insurance Operating Fund (Fund 5540) to the | 92594 |
| General Revenue Fund. | 92595 |
| Section 307.20. HEALTH CARE COVERAGE AND QUALITY COUNCIL | 92596 |
| (A) The Health Care Coverage and Quality Council created | 92597 |
| under section 3923.90 of the Revised Code, as enacted by this act, | 92598 |
| shall hold its first meeting not later than September 1, 2009. | 92599 |
| (B) In addition to the Council's duties specified in section | 92600 |
| 3923.91 of the Revised Code, the Council shall evaluate and | 92601 |
| recommend strategies pursuant to the recommendations of the former | 92602 |
| Ohio Medicaid Administrative Study Council to establish an | 92603 |
| initiative conducted by clinicians in the Office of Ohio Health | 92604 |
| Plans within the Department of Job and Family Services to do all | 92605 |
| of the following: | 92606 |
| (1) Adopt evidence-based protocols for the prevention and | 92607 |
| management of disease; | 92608 |
| (2) Develop a centralized system for payment of Medicaid | 92609 |
| claims; | 92610 |
| (3) Provide physicians, nurses, and allied health | 92611 |
| professionals with training on Medicaid claims procedures and | 92612 |
| Medicaid payment reforms; | 92613 |
| (4) Monitor results for preventive and primary care services. | 92614 |
| (C) Not later than June 30, 2010, the Council shall submit a | 92615 |
| report of its findings and recommendations to the Governor, the | 92616 |
| President of the Senate, and the Speaker of the House of | 92617 |
| Representatives. | 92618 |
| Section 309.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES | 92619 |
| General Revenue Fund | 92620 |
| GRF | 600321 | Support Services | 92621 | ||||||||
| State | $ | 39,633,697 | $ | 39,633,697 | 92622 | ||||||
| Federal | $ | 6,994,182 | $ | 6,994,182 | 92623 | ||||||
| Support Services Total | $ | 46,627,879 | $ | 46,627,879 | 92624 | ||||||
| GRF | 600410 | TANF State | $ | 190,932,468 | $ | 203,183,335 | 92625 | ||||
| GRF | 600413 | Child Care Match/Maintenance of Effort | $ | 88,415,688 | $ | 93,105,300 | 92626 | ||||
| GRF | 600416 | Computer Projects | 92627 | ||||||||
| State | $ | 81,411,648 | $ | 81,411,648 | 92628 | ||||||
| Federal | $ | 9,045,738 | $ | 9,045,738 | 92629 | ||||||
| Computer Projects Total | $ | 90,457,386 | $ | 90,457,386 | 92630 | ||||||
| GRF | 600417 | Medicaid Provider Audits | $ | 1,400,000 | $ | 1,400,000 | 92631 | ||||
| GRF | 600420 | Child Support Administration | $ | 7,369,234 | $ | 7,431,310 | 92632 | ||||
| GRF | 600421 | Office of Family Stability | $ | 2,720,599 | $ | 2,720,599 | 92633 | ||||
| GRF | 600423 | Office of Children and Families | $ | 4,842,705 | $ | 4,842,705 | 92634 | ||||
| GRF | 600425 | Office of Ohio Health Plans | 92635 | ||||||||
| State | $ | 14,688,390 | $ | 11,452,327 | 92636 | ||||||
| Federal | $ | 15,287,916 | $ | 11,919,769 | 92637 | ||||||
| Office of Ohio Health Plans Total | $ | 29,976,306 | $ | 23,372,096 | 92638 | ||||||
| GRF | 600502 | Administration - Local | $ | 23,582,308 | $ | 23,150,288 | 92639 | ||||
| GRF | 600511 | Disability Financial Assistance | $ | 25,335,908 | $ | 25,335,908 | 92640 | ||||
| GRF | 600521 | Entitlement Administration - Local | $ | 107,026,181 | $ | 100,893,286 | 92641 | ||||
| GRF | 600523 | Children and Families Services | $ | 74,209,378 | $ | 74,209,378 | 92642 | ||||
| GRF | 600525 | Health Care/Medicaid | 92643 | ||||||||
| State | $ | 2,493,379,157 | $ | 3,539,256,149 | 92644 | ||||||
| Federal | $ | 6,372,697,855 | $ | 7,407,374,830 | 92645 | ||||||
| Health Care Total | $ | 8,866,077,012 | $ | 10,946,630,979 | 92646 | ||||||
| GRF | 600526 | Medicare Part D | $ | 271,746,617 | $ | 287,194,790 | 92647 | ||||
| GRF | 600528 | Adoption Services | 92648 | ||||||||
| State | $ | 38,722,700 | $ | 41,060,302 | 92649 | ||||||
| Federal | $ | 49,792,948 | $ | 47,455,346 | 92650 | ||||||
| Adoption Services Total | $ | 88,515,648 | $ | 88,515,648 | 92651 | ||||||
| GRF | 600533 | Child, Family, and Adult Community & Protective Services | $ | 50,000,000 | $ | 50,000,000 | 92652 | ||||
| GRF | 600534 | Adult Protective Services | $ | 522,040 | $ | 511,453 | 92653 | ||||
| GRF | 600535 | Early Care and Education | $ | 150,000,000 | $ | 150,000,000 | 92654 | ||||
| GRF | 600537 | Children's Hospital | $ | 6,000,000 | $ | 6,000,000 | 92655 | ||||
| GRF | 600540 | Second Harvest Food Banks | $ | 3,500,000 | $ | 3,500,000 | 92656 | ||||
| GRF | 600661 | Child Care - Federal Stimulus | $ | 8,915,224 | $ | 13,459,664 | 92657 | ||||
| TOTAL GRF General Revenue Fund | 92658 | ||||||||||
| State | $ | 3,684,353,942 | $ | 4,759,752,139 | 92659 | ||||||
| Federal | $ | 6,453,818,639 | $ | 7,482,789,865 | 92660 | ||||||
| GRF Total | $ | 10,138,172,581 | $ | 12,242,542,004 | 92661 | ||||||
| General Services Fund Group | 92662 |
| 4A80 | 600658 | Child Support Collections | $ | 26,000,000 | $ | 26,000,000 | 92663 | ||||
| 4R40 | 600665 | BCII Services/Fees | $ | 36,974 | $ | 36,974 | 92664 | ||||
| 5BG0 | 600653 | Managed Care Assessment | $ | 168,914,857 | $ | 0 | 92665 | ||||
| 5C90 | 600671 | Medicaid Program Support | $ | 69,876,838 | $ | 68,313,238 | 92666 | ||||
| 5DL0 | 600639 | Medicaid Revenue and Collections | $ | 63,600,000 | $ | 63,600,000 | 92667 | ||||
| 5DM0 | 600633 | Administration & Operating | $ | 19,853,583 | $ | 19,928,733 | 92668 | ||||
| 5FX0 | 600638 | Medicaid Payment Withholding | $ | 26,000,000 | $ | 26,000,000 | 92669 | ||||
| 5N10 | 600677 | County Technologies | $ | 500,000 | $ | 500,000 | 92670 | ||||
| 5P50 | 600692 | Health Care Services | $ | 84,052,802 | $ | 226,469,478 | 92671 | ||||
| TOTAL GSF General Services | 92672 | ||||||||||
| Fund Group | $ | 458,835,054 | $ | 430,848,423 | 92673 | ||||||
| Federal Special Revenue Fund Group | 92674 |
| 3270 | 600606 | Child Welfare | $ | 33,972,321 | $ | 33,984,200 | 92675 | ||||
| 3310 | 600686 | Federal Operating | $ | 60,672,731 | $ | 56,569,912 | 92676 | ||||
| 3840 | 600610 | Food Assistance and State Administration | $ | 159,109,776 | $ | 159,109,427 | 92677 | ||||
| 3850 | 600614 | Refugee Services | $ | 10,497,024 | $ | 11,265,511 | 92678 | ||||
| 3950 | 600616 | Special Activities/Child and Family Services | $ | 3,113,200 | $ | 2,813,200 | 92679 | ||||
| 3960 | 600620 | Social Services Block Grant | $ | 120,000,000 | $ | 120,000,000 | 92680 | ||||
| 3970 | 600626 | Child Support | $ | 305,830,981 | $ | 305,832,341 | 92681 | ||||
| 3980 | 600627 | Adoption Maintenance/ Administration | $ | 355,345,646 | $ | 352,184,668 | 92682 | ||||
| 3A20 | 600641 | Emergency Food Distribution | $ | 9,953,222 | $ | 4,970,000 | 92683 | ||||
| 3AW0 | 600675 | Faith Based Initiatives | $ | 544,140 | $ | 544,140 | 92684 | ||||
| 3D30 | 600648 | Children's Trust Fund Federal | $ | 2,040,524 | $ | 2,040,524 | 92685 | ||||
| 3F00 | 600623 | Health Care Federal | $ | 3,257,696,629 | $ | 2,481,516,614 | 92686 | ||||
| 3F00 | 600650 | Hospital Care Assurance Match | $ | 362,092,785 | $ | 367,826,196 | 92687 | ||||
| 3G50 | 600655 | Interagency Reimbursement | $ | 1,703,777,044 | $ | 1,666,905,912 | 92688 | ||||
| 3H70 | 600617 | Child Care Federal | $ | 241,862,780 | $ | 241,862,779 | 92689 | ||||
| 3N00 | 600628 | IV-E Foster Care Maintenance | $ | 169,324,768 | $ | 161,644,455 | 92690 | ||||
| 3S50 | 600622 | Child Support Projects | $ | 534,050 | $ | 534,050 | 92691 | ||||
| 3V00 | 600688 | Workforce Investment Act | $ | 326,923,124 | $ | 327,145,616 | 92692 | ||||
| 3V40 | 600678 | Federal Unemployment Programs | $ | 167,478,790 | $ | 136,982,528 | 92693 | ||||
| 3V40 | 600679 | Unemployment Compensation Review Commission - Federal | $ | 3,487,473 | $ | 3,487,473 | 92694 | ||||
| 3V60 | 600689 | TANF Block Grant | $ | 755,528,435 | $ | 760,614,433 | 92695 | ||||
| TOTAL FED Federal Special Revenue | 92696 | ||||||||||
| Fund Group | $ | 8,049,785,443 | $ | 7,197,833,979 | 92697 | ||||||
| State Special Revenue Fund Group | 92698 |
| 1980 | 600647 | Children's Trust Fund | $ | 5,881,011 | $ | 5,881,011 | 92699 | ||||
| 4A90 | 600607 | Unemployment Compensation Administration Fund | $ | 27,134,851 | $ | 37,772,416 | 92700 | ||||
| 4A90 | 600694 | Unemployment Compensation Review Commission | $ | 2,357,197 | $ | 2,431,133 | 92701 | ||||
| 4E30 | 600605 | Nursing Home Assessments | $ | 4,759,914 | $ | 4,759,914 | 92702 | ||||
| 4E70 | 600604 | Child and Family Services Collections | $ | 121,318 | $ | 121,318 | 92703 | ||||
| 4F10 | 600609 | Foundation Grants/Child & Family Services | $ | 250,000 | $ | 250,000 | 92704 | ||||
| 4J50 | 600613 | Nursing Facility Bed Assessments | $ | 36,713,984 | $ | 36,713,984 | 92705 | ||||
| 4J50 | 600618 | Residential State Supplement Payments | $ | 15,700,000 | $ | 15,700,000 | 92706 | ||||
| 4K10 | 600621 | ICF/MR Bed Assessments | $ | 28,261,826 | $ | 29,482,434 | 92707 | ||||
| 4R30 | 600687 | Banking Fees | $ | 700,000 | $ | 700,000 | 92708 | ||||
| 4Z10 | 600625 | HealthCare Compliance | $ | 1,000,000 | $ | 1,000,000 | 92709 | ||||
| 5AJ0 | 600631 | Money Follows the Person | $ | 6,286,485 | $ | 6,195,163 | 92710 | ||||
| 5DB0 | 600637 | Military Injury Grants | $ | 2,000,000 | $ | 2,000,000 | 92711 | ||||
| 5DP0 | 600634 | Adoption Assistance Loan | $ | 500,000 | 500,000 | 92712 | |||||
| 5ES0 | 600630 | Food Assistance | $ | 500,000 | $ | 500,000 | 92713 | ||||
| 5GC0 | 600640 | GOFBCI/Family Stability | $ | 70,000 | $ | 70,000 | 92714 | ||||
| 5GF0 | 600656 | Medicaid - Hospital | $ | 338,505,284 | $ | 370,861,816 | 92715 | ||||
| 5Q90 | 600619 | Supplemental Inpatient Hospital Payments | $ | 56,125,998 | $ | 56,125,998 | 92716 | ||||
| 5R20 | 600608 | Medicaid-Nursing Facilities | $ | 347,955,251 | $ | 365,135,000 | 92717 | ||||
| 5S30 | 600629 | MR/DD Medicaid Administration and Oversight | $ | 2,070,707 | $ | 2,070,707 | 92718 | ||||
| 5U30 | 600654 | Health Care Services Administration | $ | 12,017,389 | $ | 12,017,389 | 92719 | ||||
| 5U60 | 600663 | Children and Family Support | $ | 3,000,000 | $ | 3,000,000 | 92720 | ||||
| 6510 | 600649 | Hospital Care Assurance Program Fund | $ | 220,612,051 | $ | 218,164,239 | 92721 | ||||
| TOTAL SSR State Special Revenue | 92722 | ||||||||||
| Fund Group | $ | 1,112,523,266 | $ | 1,171,452,522 | 92723 | ||||||
| Agency Fund Group | 92724 |
| 1920 | 600646 | Support Intercept - Federal | $ | 130,000,000 | $ | 130,000,000 | 92725 | ||||
| 5830 | 600642 | Support Intercept - State | $ | 16,000,000 | $ | 16,000,000 | 92726 | ||||
| 5B60 | 600601 | Food Assistance Intercept | $ | 2,000,000 | $ | 2,000,000 | 92727 | ||||
| TOTAL AGY Agency Fund Group | $ | 148,000,000 | $ | 148,000,000 | 92728 | ||||||
| Holding Account Redistribution Fund Group | 92729 |
| R012 | 600643 | Refunds and Audit Settlements | $ | 2,200,000 | $ | 2,200,000 | 92730 | ||||
| R013 | 600644 | Forgery Collections | $ | 10,000 | $ | 10,000 | 92731 | ||||
| TOTAL 090 Holding Account Redistribution Fund Group | $ | 2,210,000 | $ | 2,210,000 | 92732 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 19,909,526,344 | $ | 21,192,886,928 | 92733 | ||||||
| Section 309.20. SUPPORT SERVICES | 92735 |
| Section 309.20.10. AGENCY FUND GROUP | 92736 |
| The Agency Fund Group and Holding Account Redistribution Fund | 92737 |
| Group shall be used to hold revenues until the appropriate fund is | 92738 |
| determined or until the revenues are directed to the appropriate | 92739 |
| governmental agency other than the Department of Job and Family | 92740 |
| Services. If receipts credited to the Support Intercept – Federal | 92741 |
| Fund (Fund 1920), the Support Intercept – State Fund (Fund 5830), | 92742 |
| the Food Stamp Offset Fund (Fund 5B60), the Refunds and Audit | 92743 |
| Settlements Fund (Fund R012), or the Forgery Collections Fund | 92744 |
| (Fund R013) exceed the amounts appropriated from the fund, the | 92745 |
| Director of Job and Family Services may request the Director of | 92746 |
| Budget and Management to authorize expenditures from the fund in | 92747 |
| excess of the amounts appropriated. Upon the approval of the | 92748 |
| Director of Budget and Management, the additional amounts are | 92749 |
| hereby appropriated. | 92750 |
| Section 309.30. MEDICAID | 92751 |
| Section 309.30.10. HEALTH CARE/MEDICAID | 92752 |
| The foregoing appropriation item 600525, Health | 92753 |
| Care/Medicaid, shall not be limited by section 131.33 of the | 92754 |
| Revised Code. | 92755 |
| Section 309.30.11. MEDICAID COST MANAGEMENT | 92756 |
| The Department of Job and Family Services shall achieve the | 92757 |
| following savings to the Medicaid Program as specified in the | 92758 |
| Department's Quarterly Cost Management Report on Ohio's Medicaid | 92759 |
| Program from November 9, 2007: (1) $12,500,000 in fiscal year 2010 | 92760 |
| and $37,500,000 in fiscal year 2011 by increasing medical support | 92761 |
| collections related to child support cases; (2) $8,543,343 in | 92762 |
| fiscal year 2010 and $37,463,393 in fiscal year 2011 by increasing | 92763 |
| Medicare enrollment for Medicaid recipients who qualify for | 92764 |
| Medicare; and (3) $20,000,000 in fiscal year 2011 by implementing | 92765 |
| a medical claims editing system to ungroup claims and identify | 92766 |
| questionable claims prior to payment. | 92767 |
| Section 309.30.12. MEDICAID COVERAGE OF OXYGEN SERVICES TO | 92768 |
| ICF/MR RESIDENTS | 92769 |
| Of the foregoing appropriation item 600525, Health | 92770 |
| Care/Medicaid, $30,000 in each fiscal year shall be used to | 92771 |
| reimburse medical suppliers of oxygen services in accordance with | 92772 |
| section 5111.236 of the Revised Code. | 92773 |
| Section 309.30.15. CHILDREN'S HOSPITALS | 92774 |
| (A) As used in this section: | 92775 |
| (1) "Children's hospital" means a hospital that primarily | 92776 |
| serves patients eighteen years of age and younger and is excluded | 92777 |
| from Medicare prospective payment in accordance with 42 C.F.R. | 92778 |
| 412.23(d). | 92779 |
| (2) "Medicaid inpatient cost-to-charge ratio" means the | 92780 |
| historic Medicaid inpatient cost-to-charge ratio applicable to a | 92781 |
| hospital as described in rules adopted by the Director of Job and | 92782 |
| Family Services in paragraph (B)(2) of rule 5101:3-2-22 of the | 92783 |
| Administrative Code. | 92784 |
| (B) Notwithstanding paragraph (C)(5) of rule 5101:3-2-07.9 of | 92785 |
| the Administrative Code and except as provided in division (C) of | 92786 |
| this section, the Director of Job and Family Services shall pay a | 92787 |
| children's hospital that meets the criteria in paragraphs (E)(1) | 92788 |
| and (2) of rule 5101:3-2-07.9 of the Administrative Code, for each | 92789 |
| cost outlier claim made in fiscal years 2010 and 2011, an amount | 92790 |
| that is the product of the hospital's allowable charges and the | 92791 |
| hospital's Medicaid inpatient cost-to-charge ratio. | 92792 |
| (C) The Director of Job and Family Services shall cease | 92793 |
| paying a children's hospital for a cost outlier claim under the | 92794 |
| methodology in division (B) of this section and revert to paying | 92795 |
| the hospital for such a claim according to the methodology in | 92796 |
| paragraph (A)(6) or (C)(5) of rule 5101:3-2-07.9 of the | 92797 |
| Administrative Code, as applicable, when the difference between | 92798 |
| the total amount the Director has paid according to the | 92799 |
| methodology in division (B) of this section for such claims and | 92800 |
| the total amount the Director would have paid according to the | 92801 |
| methodology in paragraph (A)(6) or (C)(5) of rule 5101:3-2-07.9 of | 92802 |
| the Administrative Code for such claims, as the applicable | 92803 |
| paragraph existed on June 30, 2009, exceeds the sum of the state | 92804 |
| funds and corresponding federal match earmarked in division (F) | 92805 |
| of this section. | 92806 |
| (D) The Director of Job and Family Services shall make | 92807 |
| supplemental Medicaid payments to children's hospitals for | 92808 |
| inpatient services under a program modeled after the program the | 92809 |
| Department of Job and Family Services was required to create for | 92810 |
| fiscal years 2006 and 2007 in Section 206.66.79 of Am. Sub. H.B. | 92811 |
| 66 of the 126th General Assembly if the difference between the | 92812 |
| total amount the Director has paid according to the methodology | 92813 |
| in division (B) of this section for cost outlier claims and the | 92814 |
| total amount the Director would have paid according to the | 92815 |
| methodology in paragraph (A)(6) or (C)(5) of rule 5101:3-2-07.9 | 92816 |
| of the Administrative Code for such claims, as the applicable | 92817 |
| paragraph existed on June 30, 2009, does not require the | 92818 |
| expenditure of all state and federal funds earmarked in division | 92819 |
| (F) of this section for the applicable fiscal year. The program | 92820 |
| may be the same as the program the Director used for making the | 92821 |
| payments to children's hospitals for fiscal years 2008 and 2009 | 92822 |
| under Section 309.30.13 of Am. Sub. H.B. 119 of the 127th General | 92823 |
| Assembly. | 92824 |
| (E) The Director of Job and Family Services shall not adopt, | 92825 |
| amend, or rescind any rules that would result in decreasing the | 92826 |
| amount paid to children's hospitals under division (B) of this | 92827 |
| section for cost outlier claims. | 92828 |
| (F) Of the foregoing appropriation item, 600537, Children's | 92829 |
| Hospital, up to $6 million (state share) in each fiscal year plus | 92830 |
| the corresponding federal match, if available, shall be used by | 92831 |
| the Department to pay the amounts described in division (B) of | 92832 |
| this section. | 92833 |
| Section 309.30.20. FISCAL YEARS 2010 AND 2011 MEDICAID | 92834 |
| REIMBURSEMENT SYSTEM FOR NURSING FACILITIES | 92835 |
| (A) As used in this section: | 92836 |
| (1) "Applicable fiscal year" means the following: | 92837 |
| (a) In the case of rates to be paid under this section for | 92838 |
| nursing facility services provided during fiscal year 2010, fiscal | 92839 |
| year 2010; | 92840 |
| (b) In the case of rates to be paid under this section for | 92841 |
| nursing facility services provided during fiscal year 2011, fiscal | 92842 |
| year 2011. | 92843 |
| (2) "Franchise permit fee," "Medicaid days," "nursing | 92844 |
| facility," and "provider" have the same meanings as in section | 92845 |
| 5111.20 of the Revised Code. | 92846 |
| (3) "Nursing facility services" means nursing facility | 92847 |
| services covered by the Medicaid program that a nursing facility | 92848 |
| provides to a resident of the nursing facility who is a Medicaid | 92849 |
| recipient eligible for Medicaid-covered nursing facility | 92850 |
| services. | 92851 |
| (B) Except as otherwise provided by this section, the | 92852 |
| provider of a nursing facility that has a valid Medicaid provider | 92853 |
| agreement on the day immediately preceding the first day of the | 92854 |
| applicable fiscal year and a valid Medicaid provider agreement | 92855 |
| during the applicable fiscal year shall be paid, for nursing | 92856 |
| facility services the nursing facility provides during the | 92857 |
| applicable fiscal year, the rate calculated for the nursing | 92858 |
| facility under sections 5111.20 to 5111.33 of the Revised Code | 92859 |
| with the following adjustments: | 92860 |
| (1) The nursing facility's rate for capital costs shall be | 92861 |
| the greater of the following: | 92862 |
| (a) The sum calculated under division (B)(2) of section | 92863 |
| 5111.25 of the Revised Code for the nursing facility; | 92864 |
| (b) The median rate for capital costs for the nursing | 92865 |
| facilities in the nursing facility's peer group as determined | 92866 |
| under division (D) of section 5111.25 of the Revised Code, | 92867 |
| adjusted as follows: | 92868 |
| (i) Increase the rate so determined by two per cent; | 92869 |
| (ii) Increase the rate determined under division (B)(1)(b)(i) | 92870 |
| of this section by two per cent; | 92871 |
| (iii) Increase the rate determined under division | 92872 |
| (B)(1)(b)(ii) of this section by one per cent. | 92873 |
| (2) The cost per case mix-unit calculated under section | 92874 |
| 5111.231 of the Revised Code, the rate for ancillary and support | 92875 |
| costs calculated under section 5111.24 of the Revised Code, and | 92876 |
| the rate for tax costs calculated under section 5111.242 of the | 92877 |
| Revised Code shall each be adjusted as follows: | 92878 |
| (a) Increase the cost and rates so calculated by two per | 92879 |
| cent; | 92880 |
| (b) Increase the cost and rates determined under division | 92881 |
| (B)(2)(a) of this section by two per cent; | 92882 |
| (c) Increase the cost and rates determined under division | 92883 |
| (B)(2)(b) of this section by one per cent. | 92884 |
| (3) The mean payment used in the calculation of the quality | 92885 |
| incentive payment made under section 5111.244 of the Revised Code | 92886 |
| shall be, weighted by Medicaid days, three dollars and three cents | 92887 |
| per Medicaid day. | 92888 |
| (C)(1) If the rate determined for a nursing facility under | 92889 |
| division (B) of this section for nursing facility services | 92890 |
| provided during fiscal year 2010 is more than the sum calculated | 92891 |
| under division (C)(3) of this section for the nursing facility, | 92892 |
| the Department of Job and Family Services shall reduce the | 92893 |
| nursing facility's rate determined under division (B) of this | 92894 |
| section for fiscal year 2010 by one-half of the difference between | 92895 |
| the rate determined for the nursing facility under division (B) | 92896 |
| of this section for fiscal year 2010 and the sum calculated under | 92897 |
| division (C)(3) of this section for the nursing facility. | 92898 |
| (2) If the rate determined for a nursing facility under | 92899 |
| division (B) of this section for nursing facility services | 92900 |
| provided during the applicable fiscal year is less than the sum | 92901 |
| calculated under division (C)(3) of this section for the nursing | 92902 |
| facility, the Department shall increase the nursing facility's | 92903 |
| rate determined under division (B) of this section for the | 92904 |
| applicable fiscal year by the difference between the rate | 92905 |
| determined for the nursing facility under division (B) of this | 92906 |
| section for the applicable fiscal year and the sum calculated | 92907 |
| under division (C)(3) of this section for the nursing facility. | 92908 |
| (3) The sum of the following shall be calculated for the | 92909 |
| purpose of divisions (C)(1) and (2) of this section: | 92910 |
| (a) The rate the provider is paid for nursing facility | 92911 |
| services the nursing facility provides on June 30, 2009; | 92912 |
| (b) In the case of a nursing facility that pays the franchise | 92913 |
| permit fee, one hundred seventy-three per cent of the mean of the | 92914 |
| amounts calculated under divisions (D)(1)(c)(ii), (iii), and (iv) | 92915 |
| of section 5111.231 of the Revised Code; | 92916 |
| (c) In the case of a nursing facility that does not pay the | 92917 |
| franchise permit fee, zero. | 92918 |
| (D) If the United States Centers for Medicare and Medicaid | 92919 |
| Services requires that the franchise permit fee be reduced or | 92920 |
| eliminated, the Department of Job and Family Services shall reduce | 92921 |
| the amount it pays providers of nursing facility services under | 92922 |
| this section as necessary to reflect the loss to the state of the | 92923 |
| revenue and federal financial participation generated from the | 92924 |
| franchise permit fee. | 92925 |
| (E) The Department of Job and Family Services shall follow | 92926 |
| this section in determining the rate to be paid to the provider of | 92927 |
| a nursing facility that has a valid Medicaid provider agreement on | 92928 |
| the day immediately preceding the first day of the applicable | 92929 |
| fiscal year and a valid Medicaid provider agreement during the | 92930 |
| applicable fiscal year notwithstanding anything to the contrary | 92931 |
| in sections 5111.20 to 5111.33 of the Revised Code. | 92932 |
| Section 309.30.30. NURSING FACILITY CAPITAL COSTS STUDY | 92933 |
| Not later than December 31, 2010, the Department of Job and | 92934 |
| Family Services shall submit a report to the Governor and, in | 92935 |
| accordance with section 101.68 of the Revised Code, the General | 92936 |
| Assembly with recommendations for developing a new system for | 92937 |
| reimbursing nursing facilities' capital costs under the Medicaid | 92938 |
| program. The report may include recommendations for changes to | 92939 |
| other parts of the Medicaid reimbursement system for nursing | 92940 |
| facilities. The Department shall prepare the report in | 92941 |
| consultation with the Ohio Academy of Nursing Homes; the | 92942 |
| Association of Ohio Philanthropic Homes, Housing, and Services for | 92943 |
| the Aging; and the Ohio Health Care Association. The | 92944 |
| recommendations regarding the new system for reimbursing nursing | 92945 |
| facilities for capital costs shall focus on both of the following: | 92946 |
| (A) Resulting in a statewide average per diem rate, weighted | 92947 |
| by Medicaid days, for capital costs for the first fiscal year the | 92948 |
| system is implemented that is budget neutral compared to the | 92949 |
| statewide average per diem rate, weighted by Medicaid days, for | 92950 |
| capital costs under section 5111.25 of the Revised Code, as | 92951 |
| amended by this act; | 92952 |
| (B) Appropriately recognizing increased costs incurred by | 92953 |
| nursing facilities for capital improvements to, and replacement | 92954 |
| of, existing nursing facilities. | 92955 |
| Section 309.30.60. FISCAL YEAR 2010 MEDICAID REIMBURSEMENT | 92956 |
| SYSTEM FOR ICFs/MR | 92957 |
| (A) As used in this section: | 92958 |
| "Change of operator," "entering operator," and "exiting | 92959 |
| operator" have the same meanings as in section 5111.65 of the | 92960 |
| Revised Code. | 92961 |
| "Franchise permit fee" and "provider" have the same meanings | 92962 |
| as in section 5111.20 of the Revised Code. | 92963 |
| "ICF/MR" means an intermediate care facility for the mentally | 92964 |
| retarded as defined in section 5111.20 of the Revised Code. | 92965 |
| "ICF/MR services" means services covered by the Medicaid | 92966 |
| program that an ICF/MR provides to a Medicaid recipient eligible | 92967 |
| for the services. | 92968 |
| "Medicaid days" means all days during which a resident who is | 92969 |
| a Medicaid recipient occupies a bed in an ICF/MR that is included | 92970 |
| in the ICF/MR's Medicaid-certified capacity. Therapeutic or | 92971 |
| hospital leave days for which payment is made under section | 92972 |
| 5111.33 of the Revised Code are considered Medicaid days | 92973 |
| proportionate to the percentage of the ICF/MR's per resident per | 92974 |
| day rate paid for those days. | 92975 |
| "Per diem rate" means the per diem rate calculated pursuant | 92976 |
| to sections 5111.20 to 5111.33 of the Revised Code. | 92977 |
| (B) This section applies to providers of ICFs/MR to which | 92978 |
| either of the following applies: | 92979 |
| (1) The provider has a valid Medicaid provider agreement for | 92980 |
| the ICF/MR on June 30, 2009, and a valid Medicaid provider | 92981 |
| agreement for the ICF/MR during fiscal year 2010. | 92982 |
| (2) The ICF/MR undergoes a change of operator effective July | 92983 |
| 1, 2009, the exiting operator has a valid Medicaid provider | 92984 |
| agreement for the ICF/MR on June 30, 2009, and the entering | 92985 |
| operator has a valid Medicaid provider agreement for the ICF/MR | 92986 |
| during fiscal year 2010. | 92987 |
| (C) Except as otherwise provided by this section, the | 92988 |
| provider of an ICF/MR to which this section applies shall be paid, | 92989 |
| for ICF/MR services the ICF/MR provides during fiscal year 2010, | 92990 |
| the rate calculated for the ICF/MR under sections 5111.20 to | 92991 |
| 5111.33 of the Revised Code. | 92992 |
| (D) If the mean total per diem rate for all ICFs/MR in this | 92993 |
| state for fiscal year 2010, weighted by May 2009 Medicaid days and | 92994 |
| calculated as of July 1, 2009, exceeds $277.25, the Department | 92995 |
| shall reduce the total per diem rate for each ICF/MR to which | 92996 |
| this section applies by a percentage that is equal to the | 92997 |
| percentage by which the mean total per diem rate exceeds $277.25. | 92998 |
| (E) The rate of an ICF/MR set pursuant to this section shall | 92999 |
| not be subject to any adjustments authorized by sections 5111.20 | 93000 |
| to 5111.33 of the Revised Code, or any rule authorized by those | 93001 |
| sections, during the remainder of fiscal year 2010. | 93002 |
| (F) If the United States Centers for Medicare and Medicaid | 93003 |
| Services requires that the franchise permit fee be reduced or | 93004 |
| eliminated, the Department of Job and Family Services shall reduce | 93005 |
| the amount it pays providers of ICF/MR services under this section | 93006 |
| as necessary to reflect the loss to the state of the revenue and | 93007 |
| federal financial participation generated from the franchise | 93008 |
| permit fee. | 93009 |
| (G) The Department of Job and Family Services shall follow | 93010 |
| this section in determining the rate to be paid providers of | 93011 |
| ICF/MR services subject to this section notwithstanding anything | 93012 |
| to the contrary in sections 5111.20 to 5111.33 of the Revised | 93013 |
| Code. | 93014 |
| (H) Not later than September 30, 2009, the Director of Job | 93015 |
| and Family Services shall submit an amendment to the state | 93016 |
| Medicaid plan to the United States Secretary of Health and Human | 93017 |
| Services as necessary to implement this section. On receipt of | 93018 |
| the United States Secretary's approval of the amendment to the | 93019 |
| state Medicaid plan, the Director shall implement this section | 93020 |
| retroactive to the later of the effective date of the state | 93021 |
| Medicaid plan amendment or July 1, 2009. | 93022 |
| Section 309.30.70. FISCAL YEAR 2011 MEDICAID REIMBURSEMENT | 93023 |
| SYSTEM FOR ICFs/MR | 93024 |
| (A) As used in this section: | 93025 |
| "Change of operator," "entering operator," and "exiting | 93026 |
| operator" have the same meanings as in section 5111.65 of the | 93027 |
| Revised Code. | 93028 |
| "Franchise permit fee" and "provider" have the same meanings | 93029 |
| as in section 5111.20 of the Revised Code. | 93030 |
| "ICF/MR" means an intermediate care facility for the mentally | 93031 |
| retarded as defined in section 5111.20 of the Revised Code. | 93032 |
| "ICF/MR services" means services covered by the Medicaid | 93033 |
| program that an ICF/MR provides to a Medicaid recipient eligible | 93034 |
| for the services. | 93035 |
| "Medicaid days" means all days during which a resident who is | 93036 |
| a Medicaid recipient occupies a bed in an ICF/MR that is included | 93037 |
| in the ICF/MR's Medicaid-certified capacity. Therapeutic or | 93038 |
| hospital leave days for which payment is made under section | 93039 |
| 5111.33 of the Revised Code are considered Medicaid days | 93040 |
| proportionate to the percentage of the ICF/MR's per resident per | 93041 |
| day rate paid for those days. | 93042 |
| "Per diem rate" means the per diem rate calculated pursuant | 93043 |
| to sections 5111.20 to 5111.33 of the Revised Code. | 93044 |
| (B) This section applies to providers of ICFs/MR to which | 93045 |
| either of the following applies: | 93046 |
| (1) The provider has a valid Medicaid provider agreement for | 93047 |
| the ICF/MR on June 30, 2010, and a valid Medicaid provider | 93048 |
| agreement for the ICF/MR during fiscal year 2011. | 93049 |
| (2) The ICF/MR undergoes a change of operator effective July | 93050 |
| 1, 2010, the exiting operator has a valid Medicaid provider | 93051 |
| agreement for the ICF/MR on June 30, 2010, and the entering | 93052 |
| operator has a valid Medicaid provider agreement for the ICF/MR | 93053 |
| during fiscal year 2011. | 93054 |
| (C) Except as otherwise provided by this section, the | 93055 |
| provider of an ICF/MR to which this section applies shall be paid, | 93056 |
| for ICF/MR services the ICF/MR provides during fiscal year 2011, | 93057 |
| the rate calculated for the ICF/MR under sections 5111.20 to | 93058 |
| 5111.33 of the Revised Code. | 93059 |
| (D) If the mean total per diem rate for all ICFs/MR in this | 93060 |
| state for fiscal year 2011, weighted by May 2010 Medicaid days and | 93061 |
| calculated as of July 1, 2010, exceeds $277.25, the Department | 93062 |
| shall reduce the total per diem rate for each ICF/MR to which | 93063 |
| this section applies by a percentage that is equal to the | 93064 |
| percentage by which the mean total per diem rate exceeds $277.25. | 93065 |
| (E) The rate of an ICF/MR set pursuant to this section shall | 93066 |
| not be subject to any adjustments authorized by sections 5111.20 | 93067 |
| to 5111.33 of the Revised Code, or any rule authorized by those | 93068 |
| sections, during the remainder of fiscal year 2011. | 93069 |
| (F) If the United States Centers for Medicare and Medicaid | 93070 |
| Services requires that the franchise permit fee be reduced or | 93071 |
| eliminated, the Department of Job and Family Services shall reduce | 93072 |
| the amount it pays providers of ICF/MR services under this section | 93073 |
| as necessary to reflect the loss to the state of the revenue and | 93074 |
| federal financial participation generated from the franchise | 93075 |
| permit fee. | 93076 |
| (G) The Department of Job and Family Services shall follow | 93077 |
| this section in determining the rate to be paid providers of | 93078 |
| ICF/MR services subject to this section notwithstanding anything | 93079 |
| to the contrary in sections 5111.20 to 5111.33 of the Revised | 93080 |
| Code. | 93081 |
| (H) Not later than September 30, 2010, the Director of Job | 93082 |
| and Family Services shall submit an amendment to the state | 93083 |
| Medicaid plan to the United States Secretary of Health and Human | 93084 |
| Services as necessary to implement this section. On receipt of | 93085 |
| the United States Secretary's approval of the amendment to the | 93086 |
| state Medicaid plan, the Director shall implement this section | 93087 |
| retroactive to the later of the effective date of the state | 93088 |
| Medicaid plan amendment or July 1, 2010. | 93089 |
| Section 309.30.71. ICF/MR REIMBURSEMENT STUDY COUNCIL | 93090 |
| (A) There is hereby created the ICF/MR Reimbursement Study | 93091 |
| Council consisting of all of the following members: | 93092 |
| (1) The Director of Job and Family Services; | 93093 |
| (2) The Deputy Director of the Office of Ohio Health Plans of | 93094 |
| the Department of Job and Family Services; | 93095 |
| (3) The Director of Mental Retardation and Developmental | 93096 |
| Disabilities; | 93097 |
| (4) One representative of Medicaid recipients residing in | 93098 |
| intermediate care facilities for the mentally retarded, appointed | 93099 |
| by the Governor; | 93100 |
| (5) Two representatives of each of the following | 93101 |
| organizations, appointed by their respective governing bodies: | 93102 |
| (a) The Ohio Provider Resource Association; | 93103 |
| (b) The Ohio Health Care Association; | 93104 |
| (c) The Ohio Association of County Boards of Mental | 93105 |
| Retardation and Developmental Disabilities. | 93106 |
| Initial appointments of members described in divisions (A)(4) | 93107 |
| and (5) of this section shall be made not later than thirty days | 93108 |
| after the effective date of this section. Vacancies shall be | 93109 |
| filled in the same manner as the original appointments. Members | 93110 |
| described in those divisions shall serve at the pleasure of the | 93111 |
| official or governing body making the appointment of the member. | 93112 |
| The Director of Job and Family Services shall serve as | 93113 |
| chairperson of the council. Members of the council shall serve | 93114 |
| without compensation, except to the extent that serving on the | 93115 |
| council is part of their regular duties of employment. | 93116 |
| (B) The council shall review the system established by | 93117 |
| sections 5111.20 to 5111.33 of the Revised Code for reimbursing | 93118 |
| intermediate care facilities for the mentally retarded under the | 93119 |
| Medicaid program. Not later than July 1, 2010, the council shall | 93120 |
| issue a report of its activities, findings, and recommendations to | 93121 |
| the Governor, the Speaker of the House of Representatives, and the | 93122 |
| President of the Senate. | 93123 |
| (C) In its consideration of the system for reimbursing | 93124 |
| intermediate care facilities for the mentally retarded under | 93125 |
| division (B) of this section, the council shall use the following | 93126 |
| principles: | 93127 |
| (1) The system should appropriately account for differences | 93128 |
| in acuity and service needs among individuals in intermediate | 93129 |
| care facilities for the mentally retarded. | 93130 |
| (2) The system should support and encourage quality services, | 93131 |
| including both of the following elements: | 93132 |
| (a) A high level of coverage of direct care costs; | 93133 |
| (b) Pay for performance mechanisms. | 93134 |
| (3) The system should reflect appropriate recognition that | 93135 |
| virtually all individuals served in intermediate care facilities | 93136 |
| for the mentally retarded are Medicaid recipients. | 93137 |
| (4) The system should encourage cost-effective service | 93138 |
| delivery. | 93139 |
| (5) The system should encourage innovation in service | 93140 |
| delivery. | 93141 |
| (6) The system should encourage appropriate maintenance, | 93142 |
| improvement, and replacement of facilities. | 93143 |
| (D) The council shall cease to exist on the submission of a | 93144 |
| report under division (B) of this section. | 93145 |
| Section 309.30.72. (A) As used in this section: | 93146 |
| (1) "Durable medical mobility equipment" means manual and | 93147 |
| power wheelchairs. | 93148 |
| (2) "Asset management service" means a system under which | 93149 |
| discarded, no longer required, or otherwise unused but functional | 93150 |
| durable medical mobility equipment is reallocated to eligible | 93151 |
| Medicaid recipients for reuse. | 93152 |
| (B) The Department of Job and Family Services shall study the | 93153 |
| potential of using an asset management service within the Medicaid | 93154 |
| program. Under the asset management service, the state is to | 93155 |
| retain ownership of all durable medical mobility equipment | 93156 |
| provided to Medicaid recipients. In conducting the study, the | 93157 |
| department shall evaluate all of the following: | 93158 |
| (1) The use of an online database that facilitates the | 93159 |
| reallocation of durable medical mobility equipment; | 93160 |
| (2) The use of an annual inspection and maintenance system to | 93161 |
| service and maintain durable medical mobility equipment; | 93162 |
| (3) A process whereby durable medical mobility equipment that | 93163 |
| has been provided in the past to medicaid recipients may be | 93164 |
| included in an asset management service; | 93165 |
| (4) The potential costs and cost savings under an asset | 93166 |
| management service; | 93167 |
| (5) Implementation of an asset management service on a trial | 93168 |
| basis before statewide implementation; | 93169 |
| (6) Whether any adjustments to the state's Medicaid plan are | 93170 |
| necessary to implement an asset management system. | 93171 |
| (C) Not later than January 1, 2010, the Department shall | 93172 |
| prepare a report of its findings and recommendations resulting | 93173 |
| from the study, including a specific recommendation as to whether | 93174 |
| an asset management service should be implemented under the | 93175 |
| Medicaid program. The Department shall submit the report to the | 93176 |
| Governor, Speaker and Minority Leader of the House of | 93177 |
| Representatives, and President and Minority Leader of the Senate. | 93178 |
| Section 309.30.73. INCREASE IN MEDICAID RATES FOR HOSPITAL | 93179 |
| INPATIENT AND OUTPATIENT SERVICES | 93180 |
| The Director of Job and Family Services shall amend rules | 93181 |
| adopted under section 5111.02 of the Revised Code as necessary to | 93182 |
| increase, for the period beginning January 1, 2010, and ending | 93183 |
| June 30, 2011, the Medicaid reimbursement rates for | 93184 |
| Medicaid-covered hospital inpatient services and hospital | 93185 |
| outpatient services to rates that result in an amount that is five | 93186 |
| per cent higher than the amount resulting from the rates in effect | 93187 |
| on December 31, 2009. | 93188 |
| Section 309.30.80. RESIDENTIAL STATE SUPPLEMENT TRANSFER | 93189 |
| The Department of Aging may transfer cash from the foregoing | 93190 |
| appropriation item 490412, Residential State Supplement, and the | 93191 |
| PASSPORT/Residential State Supplement Fund (Fund 4J40), to the | 93192 |
| Home and Community-Based Services for the Aged Fund (Fund 4J50), | 93193 |
| used by the Department of Job and Family Services to make benefit | 93194 |
| payments to Residential State Supplement recipients. The transfer | 93195 |
| shall be made using an intrastate transfer voucher. | 93196 |
| Section 309.30.90. MONEY FOLLOWS THE PERSON | 93197 |
| The Director of Budget and Management may seek Controlling | 93198 |
| Board approval to do any of the following in support of any home | 93199 |
| and community-based services Medicaid waiver component: | 93200 |
| (A) Create new funds and appropriation items associated with | 93201 |
| a unified long-term care budget; | 93202 |
| (B) Transfer cash between funds used by affected agencies; | 93203 |
| (C) Transfer appropriation between appropriation items within | 93204 |
| a fund and used by the same state agency. | 93205 |
| Any transfers of cash approved by the Controlling Board under | 93206 |
| this section are hereby appropriated. | 93207 |
| Section 309.31.10. MONEY FOLLOWS THE PERSON ENHANCED | 93208 |
| REIMBURSEMENT FUND | 93209 |
| The Money Follows the Person Enhanced Reimbursement Fund is | 93210 |
| hereby created in the state treasury. This is a continuation of | 93211 |
| the fund created by Section 751.20 of Am. Sub. H.B. 562 of the | 93212 |
| 127th General Assembly. The federal payments made to the state | 93213 |
| under subsection (e) of section 6071 of the "Deficit Reduction Act | 93214 |
| of 2005," Pub. L. No. 109-171, shall be deposited into the fund. | 93215 |
| The Department of Job and Family Services shall use money | 93216 |
| deposited into the fund for system reform activities related to | 93217 |
| the Money Follows the Person demonstration project. | 93218 |
| Section 309.31.20. MEDICARE PART D | 93219 |
| The foregoing appropriation item 600526, Medicare Part D, | 93220 |
| may be used by the Department of Job and Family Services for the | 93221 |
| implementation and operation of the Medicare Part D requirements | 93222 |
| contained in the "Medicare Prescription Drug, Improvement, and | 93223 |
| Modernization Act of 2003," Pub. L. No. 108-173, as amended. Upon | 93224 |
| the request of the Department of Job and Family Services, the | 93225 |
| Director of Budget and Management may transfer the state share of | 93226 |
| appropriations between appropriation item 600525, Health | 93227 |
| Care/Medicaid, or appropriation item 600526, Medicare Part D. If | 93228 |
| the state share of appropriation item 600525, Health | 93229 |
| Care/Medicaid, is adjusted, the Director of Budget and Management | 93230 |
| shall adjust the federal share accordingly. The Department of Job | 93231 |
| and Family Services shall provide notification to the Controlling | 93232 |
| Board of any transfers at the next scheduled Controlling Board | 93233 |
| meeting. | 93234 |
| Section 309.31.30. OHIO ACCESS SUCCESS PROJECT AND | 93235 |
| IDENTIFICATION OF OVERPAYMENTS | 93236 |
| Notwithstanding any limitations in sections 3721.51 and | 93237 |
| 3721.56 of the Revised Code, in each fiscal year, cash from the | 93238 |
| Home and Community-Based Services for the Aged Fund (Fund 4J50), | 93239 |
| in excess of the amounts needed for the transfers to the | 93240 |
| PASSPORT/Residential State Supplement Fund (Fund 4J40) used by | 93241 |
| the Department of Aging, may be used by the Department of Job | 93242 |
| and Family Services for the following purposes: (A) up to | 93243 |
| $3,000,000 in each fiscal year to fund the state share of audits | 93244 |
| or limited reviews of Medicaid providers; and (B) up to $450,000 | 93245 |
| in each fiscal year to provide one-time transitional benefits | 93246 |
| under the Ohio Access Success Project that the Director of Job | 93247 |
| and Family Services may establish under section 5111.97 of the | 93248 |
| Revised Code. | 93249 |
| Section 309.31.40. TRANSFER OF FUNDS TO THE DEPARTMENT OF | 93250 |
| AGING | 93251 |
| The Department of Job and Family Services shall transfer | 93252 |
| $33,263,984 cash in each fiscal year from the Home and | 93253 |
| Community-Based Services for the Aged Fund (Fund 4J50) to the | 93254 |
| PASSPORT/Residential State Supplement Fund (Fund 4J40), used by | 93255 |
| the Department of Aging. The transfer may occur on a quarterly | 93256 |
| basis or on a schedule developed and agreed to by both | 93257 |
| departments. The transfer shall be made using an intrastate | 93258 |
| transfer voucher. | 93259 |
| Section 309.31.50. PROVIDER FRANCHISE FEE OFFSETS | 93260 |
| (A) At least quarterly, the Director of Job and Family | 93261 |
| Services shall certify to the Director of Budget and Management | 93262 |
| both of the following: | 93263 |
| (1) The amount of offsets withheld under section 3721.541 of | 93264 |
| the Revised Code from payments made from the General Revenue Fund. | 93265 |
| (2) The amount of offsets withheld under section 5112.341 of | 93266 |
| the Revised Code from payments made from the General Revenue Fund. | 93267 |
| (B) The Director of Budget and Management may transfer cash | 93268 |
| from the General Revenue Fund to all of the following: | 93269 |
| (1) The Home and Community Based Services for the Aged Fund | 93270 |
| (Fund 4J50), or the Nursing Facility Stabilization Fund (Fund | 93271 |
| 5R20), in accordance with sections 3721.56 and 3721.561 of the | 93272 |
| Revised Code; | 93273 |
| (2) The ICF/MR Bed Assessments Fund (Fund 4K10). | 93274 |
| (C) Amounts transferred pursuant to this section are hereby | 93275 |
| appropriated. | 93276 |
| Section 309.31.55. STUDY OF PROVIDER FRANCHISE PERMIT FEES | 93277 |
| There is hereby created a committee to study the issue of | 93278 |
| funding the Medicaid program through franchise permit fees on | 93279 |
| providers of health-care services. The President of the Senate | 93280 |
| shall appoint two members of the Senate, each from a different | 93281 |
| political party, to the committee. The Speaker of the House of | 93282 |
| Representatives shall appoint two members of the House of | 93283 |
| Representatives, each from a different political party, to the | 93284 |
| committee. The Governor may appoint as many individuals to the | 93285 |
| committee as the Governor determines appropriate. Members of the | 93286 |
| committee shall serve without compensation, except to the extent | 93287 |
| that serving on the committee is considered part of their regular | 93288 |
| employment duties. The President of the Senate shall designate one | 93289 |
| of the members of the Senate appointed to the committee to serve | 93290 |
| as a co-chairperson of the committee. The Speaker of the House of | 93291 |
| Representatives shall designate one of the members of the House of | 93292 |
| Representatives appointed to serve on the committee to serve as | 93293 |
| the other co-chairperson of the committee. The Department of Job | 93294 |
| and Family Services shall provide any support staff the committee | 93295 |
| needs. Not later than June 30, 2010, the committee shall submit a | 93296 |
| report of the committee's study, with any recommendations, to the | 93297 |
| Governor and, in accordance with section 101.68 of the Revised | 93298 |
| Code, the General Assembly. The committee shall cease to exist on | 93299 |
| submission of its report. | 93300 |
| Section 309.31.60. TRANSFER OF FUNDS TO THE DEPARTMENT OF | 93301 |
| MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES | 93302 |
| The Department of Job and Family Services shall transfer | 93303 |
| $12,000,000 cash in each fiscal year from the ICF/MR Bed | 93304 |
| Assessments Fund (Fund 4K10) to the Home and Community-Based | 93305 |
| Services Fund (Fund 4K80), used by the Department of Mental | 93306 |
| Retardation and Developmental Disabilities. The transfer may occur | 93307 |
| on a quarterly basis or on a schedule developed and agreed to by | 93308 |
| both departments. The transfer shall be made using an intrastate | 93309 |
| transfer voucher. | 93310 |
| Section 309.31.70. FUNDING FOR TRANSITION WAIVER SERVICES | 93311 |
| Notwithstanding any limitations contained in sections 5112.31 | 93312 |
| and 5112.37 of the Revised Code, in each fiscal year, cash from | 93313 |
| the ICF/MR Bed Assessments Fund (Fund 4K10) in excess of the | 93314 |
| amounts needed for transfers to the Home and Community-Based | 93315 |
| Services Fund (Fund 4K80), used by the Department of Mental | 93316 |
| Retardation and Developmental Disabilities, may be used by the | 93317 |
| Department of Job and Family Services to cover costs of care | 93318 |
| provided to participants in a waiver with an ICF/MR level of care | 93319 |
| requirement administered by the Department of Job and Family | 93320 |
| Services. | 93321 |
| Section 309.31.80. HOSPITAL CARE ASSURANCE MATCH | 93322 |
| The foregoing appropriation item 600650, Hospital Care | 93323 |
| Assurance Match, shall be used by the Department of Job and Family | 93324 |
| Services solely for distributing funds to hospitals under section | 93325 |
| 5112.08 of the Revised Code. | 93326 |
| Section 309.31.90. HEALTH CARE SERVICES ADMINISTRATION FUND | 93327 |
| Of the amount received by the Department of Job and Family | 93328 |
| Services during fiscal year 2010 and fiscal year 2011 from the | 93329 |
| first installment of assessments paid under section 5112.06 of the | 93330 |
| Revised Code and intergovernmental transfers made under section | 93331 |
| 5112.07 of the Revised Code, the Director of Job and Family | 93332 |
| Services shall deposit $350,000 in each fiscal year into the state | 93333 |
| treasury to the credit of the Health Care Services Administration | 93334 |
| Fund (Fund 5U30). | 93335 |
| Section 309.32.10. MEDICAID PROGRAM SUPPORT FUND - STATE | 93336 |
| The foregoing appropriation item 600671, Medicaid Program | 93337 |
| Support, shall be used by the Department of Job and Family | 93338 |
| Services to pay for Medicaid services and contracts. The | 93339 |
| Department may also deposit to Fund 5C90 revenues received from | 93340 |
| other state agencies for Medicaid services under the terms of | 93341 |
| interagency agreements between the Department and other state | 93342 |
| agencies, and all funds the Department recovers because the | 93343 |
| benefits a person received under the Disability Medical Assistance | 93344 |
| Program established in section 5115.10 of the Revised Code were | 93345 |
| determined to be covered by the Medicaid Program established under | 93346 |
| Chapter 5111. of the Revised Code. | 93347 |
| Section 309.32.20. TRANSFERS OF IMD/DSH CASH TO THE | 93348 |
| DEPARTMENT OF MENTAL HEALTH | 93349 |
| The Department of Job and Family Services shall transfer cash | 93350 |
| from the Medicaid Program Support Fund (Fund 5C90), to the | 93351 |
| Behavioral Health Medicaid Services Fund (Fund 4X50), used by the | 93352 |
| Department of Mental Health, in accordance with an interagency | 93353 |
| agreement that delegates authority from the Department of Job and | 93354 |
| Family Services to the Department of Mental Health to administer | 93355 |
| specified Medicaid services. The transfer shall be made using an | 93356 |
| intrastate transfer voucher. | 93357 |
| Section 309.32.30. PRESCRIPTION DRUG REBATE FUND | 93358 |
| The foregoing appropriation item 600692, Health Care | 93359 |
| Services, shall be used by the Department of Job and Family | 93360 |
| Services to pay for Medicaid services and contracts. | 93361 |
| Section 309.32.40. FEDERAL MATCH FOR ADAMHS BOARDS' | 93362 |
| ADMINISTRATIVE COSTS | 93363 |
| As used in this section, "community behavioral health boards" | 93364 |
| means boards of alcohol, drug addiction, and mental health | 93365 |
| services, community mental health boards, and alcohol and drug | 93366 |
| addiction services boards. | 93367 |
| Not later than October 1, 2009, the Director of Job and | 93368 |
| Family Services shall seek federal approval to establish a system | 93369 |
| under which community behavioral health boards obtain federal | 93370 |
| financial participation for the allowable administrative | 93371 |
| activities the boards perform in the administration of the | 93372 |
| Medicaid program. The Director shall implement the system on | 93373 |
| receipt of federal approval. The Director shall work with the | 93374 |
| Directors of Alcohol and Drug Addiction Services and Mental | 93375 |
| Health and representatives of community behavioral health boards | 93376 |
| when implementing this section. | 93377 |
| Section 309.32.50. PRIOR AUTHORIZATION STUDY | 93378 |
| The Department of Job and Family Services shall study the | 93379 |
| issue of requiring prior authorization for all services and goods | 93380 |
| available under the fee-for-service component of the Medicaid | 93381 |
| program. Not later than August 1, 2009, the Department shall issue | 93382 |
| a request for information to obtain information needed to conduct | 93383 |
| the study. Not later than October 1, 2009, the Department shall | 93384 |
| submit a report regarding the study to the General Assembly in | 93385 |
| accordance with section 101.68 of the Revised Code. The report | 93386 |
| shall include a discussion of expected cost savings such a prior | 93387 |
| authorization system would have for the Medicaid program. | 93388 |
| Section 309.32.60. THIRD PARTY LIABILITY - PILOT PROGRAM | 93389 |
| (A) As used in this section: | 93390 |
| (1) "Medicaid program" means the medical assistance program | 93391 |
| established under Chapter 5111. of the Revised Code. | 93392 |
| (2) "Third party" has the same meaning as in section 5101.571 | 93393 |
| of the Revised Code. | 93394 |
| (B)(1) Except as provided in division (C) of this section and | 93395 |
| using technology designed to identify all persons liable to pay a | 93396 |
| claim for a medical item or service, the Director of Job and | 93397 |
| Family Services shall establish and administer a pilot program for | 93398 |
| the purpose of identifying third parties that are liable for | 93399 |
| paying all or a portion of a claim for a medical item or service | 93400 |
| provided to a Medicaid recipient before the claim is submitted to, | 93401 |
| or paid by, the Medicaid program. The Director shall determine the | 93402 |
| duration of the pilot program, except that the Director shall not | 93403 |
| terminate the program less than eighteen months after it is | 93404 |
| established. | 93405 |
| (2) In administering the pilot program, the Director shall, | 93406 |
| subject to division (B)(3) of this section, ensure that all | 93407 |
| aspects of the program comply with Ohio and federal law, including | 93408 |
| the "Health Insurance Portability and Accountability Act of 1996," | 93409 |
| Pub. L. No. 104-191, as amended, and regulations promulgated by | 93410 |
| the United States Department of Health and Human Services to | 93411 |
| implement the Act. | 93412 |
| (3) The Director's duty to ensure compliance with the laws | 93413 |
| described in division (B)(2) of this section does not prohibit | 93414 |
| either of the following: | 93415 |
| (a) A third party from providing information to the | 93416 |
| Department of Job and Family Services or disclosing or making use | 93417 |
| of information as permitted under section 5101.572 of the Revised | 93418 |
| Code or when required by any other provision of Ohio or federal | 93419 |
| law; | 93420 |
| (b) The Department from using information provided by a third | 93421 |
| party as permitted in section 5101.572 of the Revised Code or when | 93422 |
| required by any other provision of Ohio or federal law. | 93423 |
| (C)(1) The Director may enter into a contract with any person | 93424 |
| under which the person serves as the administrator of the pilot | 93425 |
| program. Before entering into a contract for a pilot program | 93426 |
| administrator, the Department shall issue a request for proposals | 93427 |
| from persons seeking to be considered. The Department shall | 93428 |
| develop a process to be used in issuing the request for proposals, | 93429 |
| receiving responses to the request, and evaluating the responses | 93430 |
| on a competitive basis. In accordance with that process, the | 93431 |
| Department shall select the person to be awarded the contract. | 93432 |
| (2) The Director may delegate to the person awarded the | 93433 |
| contract any of the Director's powers or duties specified in this | 93434 |
| section. The terms of the contract shall specify the extent to | 93435 |
| which the powers or duties are delegated to the pilot program | 93436 |
| administrator. | 93437 |
| (3) In exercising powers or performing duties delegated under | 93438 |
| the contract, the pilot program administrator is subject to the | 93439 |
| same provisions of this section that grant the powers or duties to | 93440 |
| the Director, as well as any limitations or restrictions that are | 93441 |
| applicable to or associated with those powers or duties. | 93442 |
| (4) The terms of a contract for a pilot program administrator | 93443 |
| shall include a provision that specifies that the Director or any | 93444 |
| agent of the Director is not liable for the failure of the | 93445 |
| administrator to comply with a term of the contract, including any | 93446 |
| term that specifies the administrator's duty to ensure compliance | 93447 |
| with the laws described in division (B)(1) of this section. | 93448 |
| (D) Twelve months after the pilot program is established, the | 93449 |
| Director shall evaluate the program's effectiveness. As part of | 93450 |
| this evaluation, the Director shall determine both of the | 93451 |
| following: | 93452 |
| (1) For the twelve months immediately preceding the | 93453 |
| establishment of the pilot program, all of the following: | 93454 |
| (a) The amount of money paid for each Medicaid claim in which | 93455 |
| no third party liability was indicated by the Medicaid recipient | 93456 |
| but for which at least one third party was liable to pay all or a | 93457 |
| portion of the claim, and the amount attributable to each liable | 93458 |
| party; | 93459 |
| (b) The portion of the amounts attributable to each liable | 93460 |
| third party, described in division (D)(1)(a) of this section, that | 93461 |
| were recovered by the Director or a person with which the Director | 93462 |
| has contracted to manage the recovery of money due from liable | 93463 |
| third parties. | 93464 |
| (c) The portion of the amounts attributable to each liable | 93465 |
| third party, described in division (D)(1)(a) of this section, that | 93466 |
| would have been identified by the technology used by the pilot | 93467 |
| program had the technology been used in those twelve months. | 93468 |
| (2) For the first twelve months of the pilot program, both of | 93469 |
| the following: | 93470 |
| (a) The items described in divisions (D)(1)(a) and (b) of | 93471 |
| this section. | 93472 |
| (b) The portion of the amounts attributable to each liable | 93473 |
| third party, described in division (D)(1)(a) of this section, that | 93474 |
| were identified by the technology used by pilot program. | 93475 |
| (E) Not later than three months after the evaluation required | 93476 |
| by division (D) of this section is initiated, the Director shall | 93477 |
| prepare and submit to the Governor, the Speaker and Minority | 93478 |
| Leader of the House of Representatives, and the President and | 93479 |
| Minority Leader of the Senate a report that summarizes the results | 93480 |
| of the Director's evaluation of the pilot program. At a minimum, | 93481 |
| the report shall summarize and compare the determinations made | 93482 |
| under division (D) of this section, conclude whether the program | 93483 |
| achieved savings for the Medicaid program, and make a | 93484 |
| recommendation as to whether the pilot program should be extended | 93485 |
| or be made permanent. | 93486 |
| (F) The Director may adopt rules in accordance with Chapter | 93487 |
| 119. of the Revised Code as necessary to implement this section. | 93488 |
| Section 309.32.70. DURABLE MEDICAL EQUIPMENT STUDY | 93489 |
| The Department of Job and Family Services shall prepare and | 93490 |
| submit to the Speaker and Minority Leader of the House of | 93491 |
| Representatives and the President and Minority Leader of the | 93492 |
| Senate a report on expenditures for durable medical equipment by | 93493 |
| the Medicaid program. In preparing the report, the Department | 93494 |
| shall do all of the following: | 93495 |
| (A) Identify the types of durable medical equipment that | 93496 |
| represent, in total, greater than fifty per cent of the state's | 93497 |
| total Medicaid expenditures for durable medical equipment; | 93498 |
| (B) Consult with durable medical equipment suppliers to | 93499 |
| identify cost-saving strategies; | 93500 |
| (C) Evaluate opportunities for competitive purchasing | 93501 |
| procedures for durable medical equipment. | 93502 |
| The report prepared under this section shall include | 93503 |
| recommendations on strategies to reduce the Medicaid program's | 93504 |
| costs for durable medical equipment. The report shall be submitted | 93505 |
| not later than July 1, 2010. | 93506 |
| Section 309.40. FAMILY STABILITY | 93507 |
| Section 309.40.10. FOOD STAMPS TRANSFER | 93508 |
| On July 1, 2009, or as soon as possible thereafter, the | 93509 |
| Director of Budget and Management may transfer up to $1,000,000 | 93510 |
| cash from the Food Stamp Program Fund (Fund 3840), to the Food | 93511 |
| Assistance Fund (Fund 5ES0). | 93512 |
| Section 309.40.20. NAME OF FOOD STAMP PROGRAM | 93513 |
| The Director of Job and Family Services is not required to | 93514 |
| amend rules regarding the Food Stamp Program to change the name of | 93515 |
| the program to the Supplemental Nutrition Assistance Program. The | 93516 |
| Director may refer to the program as the Food Stamp Program or | 93517 |
| the Food Assistance Program in rules and documents of the | 93518 |
| Department of Job and Family Services. | 93519 |
| Section 309.40.30. OHIO ASSOCIATION OF SECOND HARVEST FOOD | 93520 |
| BANKS | 93521 |
| The foregoing appropriation item 600540, Second Harvest Food | 93522 |
| Banks, shall be used to provide funds to the Ohio Association of | 93523 |
| Second Harvest Food Banks to purchase and distribute food | 93524 |
| products. | 93525 |
| Notwithstanding section 5101.46 of the Revised Code and any | 93526 |
| other provision in this bill, in addition to funds designated for | 93527 |
| the Ohio Association of Second Harvest Food Banks in this | 93528 |
| section, in fiscal years 2010 and 2011, the Director of Job and | 93529 |
| Family Services shall provide assistance from eligible funds to | 93530 |
| the Ohio Association of Second Harvest Food Banks in an amount | 93531 |
| equal to the assistance provided in state fiscal year 2009. | 93532 |
| Section 309.40.50. CHILD SUPPORT COLLECTIONS/TANF MOE | 93533 |
| The foregoing appropriation item 600658, Child Support | 93534 |
| Collections, shall be used by the Department of Job and Family | 93535 |
| Services to meet the TANF maintenance of effort requirements of 42 | 93536 |
| U.S.C. 609(a)(7). When the state is assured that it will meet the | 93537 |
| maintenance of effort requirement, the Department of Job and | 93538 |
| Family Services may use funds from appropriation item 600658, | 93539 |
| Child Support Collections, to support public assistance | 93540 |
| activities. | 93541 |
| Section 309.40.55. KINSHIP PERMANENCY INCENTIVE PROGRAM | 93542 |
| Of the foregoing appropriation item 600689, TANF Block Grant | 93543 |
| (Fund 3V60), up to $10,000,000 in each fiscal year may be used to | 93544 |
| support, in accordance with sections 5101.80 and 5101.801 of the | 93545 |
| Revised Code, the activities of the Kinship Permanency Incentive | 93546 |
| Program created under section 5101.802 of the Revised Code. | 93547 |
| The Department of Job and Family Services shall prepare | 93548 |
| reports concerning: | 93549 |
| (A) Stability and permanency outcomes for children for whom | 93550 |
| incentive payments are made under the program; | 93551 |
| (B) The total amount of payments made under the program, | 93552 |
| patterns of expenditures made per child, and cost savings realized | 93553 |
| from placing children with kinship caregivers rather than other | 93554 |
| out-of-home placements. | 93555 |
| The department shall submit reports to the Governor, the | 93556 |
| Speaker and Minority Leader of the House of Representatives, and | 93557 |
| the President and Minority Leader of the Senate not later than | 93558 |
| December 31, 2009, and December 31, 2010. | 93559 |
| Section 309.40.57. HELP ME GROW | 93560 |
| Of the foregoing appropriation item 600689, TANF Block Grant, | 93561 |
| up to $21,535,000 in each fiscal year may be used for the Help Me | 93562 |
| Grow Program. | 93563 |
| Section 309.40.60. EARLY LEARNING INITIATIVE | 93564 |
| (A) As used in this section: | 93565 |
| (1) "Title IV-A services" means benefits and services that | 93566 |
| are allowable under Title IV-A of the "Social Security Act," as | 93567 |
| specified in 42 U.S.C. 604(a), except that they shall not be | 93568 |
| benefits and services included in the term "assistance" as defined | 93569 |
| in 45 C.F.R. 260.31(a) and shall be benefits and services that are | 93570 |
| excluded from the definition of the term "assistance" under 45 | 93571 |
| C.F.R. 260.31(b). | 93572 |
| (2) "Eligible child" means a child who is at least three | 93573 |
| years of age but not of compulsory school age or enrolled in | 93574 |
| kindergarten, is eligible for Title IV-A services, and whose | 93575 |
| family income at the time of application does not exceed two | 93576 |
| hundred per cent of the federal poverty guidelines. | 93577 |
| (3) "Early learning program" means a program for eligible | 93578 |
| children that provides Title IV-A services, according to the | 93579 |
| purposes listed in 45 C.F.R. 260.20(c), that are early learning | 93580 |
| services, as defined by pursuant to division (D)(1) of this | 93581 |
| section. | 93582 |
| (4) "Early learning provider" means an entity that operates | 93583 |
| an early learning program. | 93584 |
| (5) "Early learning agency" means an early learning provider | 93585 |
| or an entity that has entered into an agreement with an early | 93586 |
| learning provider requiring the early learning provider to operate | 93587 |
| an early learning program on behalf of the entity. | 93588 |
| (6) "Federal poverty line" has the same meaning as in section | 93589 |
| 5104.01 of the Revised Code. | 93590 |
| (7) "Of compulsory school age" has the same meaning as in | 93591 |
| section 3321.01 of the Revised Code. | 93592 |
| (B) The Early Learning Initiative is hereby established. The | 93593 |
| Department of Education and the Department of Job and Family | 93594 |
| Services shall administer the Initiative in accordance with | 93595 |
| sections 5101.80 and 5101.801 of the Revised Code. The Initiative | 93596 |
| shall provide early learning services to eligible children. Early | 93597 |
| learning services may be provided on a full-day basis, a part-day | 93598 |
| basis, or both a full-day and part-day basis. | 93599 |
| (C) The Department of Job and Family Services shall do both | 93600 |
| of the following: | 93601 |
| (1) Reimburse early learning agencies for services provided | 93602 |
| to eligible children according to the terms of the contract and | 93603 |
| the rules adopted under division (C)(2) of this section; | 93604 |
| (2) In consultation with the Department of Education, adopt | 93605 |
| rules in accordance with Chapter 119. of the Revised Code to | 93606 |
| implement the Early Learning Initiative. The rules shall include | 93607 |
| all of the following: | 93608 |
| (a) Provisions regarding the establishment of co-payments for | 93609 |
| families of eligible children whose family income is more than one | 93610 |
| hundred per cent of the federal poverty guidelines but equal to | 93611 |
| or less than the maximum amount of family income authorized for | 93612 |
| an eligible child as defined in division (A)(2) of this section; | 93613 |
| (b) An exemption from co-payment requirements for families | 93614 |
| whose family income is equal to or less than one hundred per cent | 93615 |
| of the federal poverty guideline; | 93616 |
| (c) A definition of "enrollment" for the purpose of | 93617 |
| compensating early learning agencies; | 93618 |
| (d) Provisions that establish compensation rates for early | 93619 |
| learning agencies based on the enrollment of eligible children; | 93620 |
| (e) Provisions for the completion of criminal record checks | 93621 |
| for employees of early learning agencies and early learning | 93622 |
| providers whereby sections 109.572(A)(8), (A)(9), and (B)(2) of | 93623 |
| the Revised Code are considered applicable to these employees; | 93624 |
| (f) Provisions for the timeline of eligibility determination; | 93625 |
| (g) A requirement that early learning programs licensed by | 93626 |
| the Department of Education under sections 3301.52 to 3301.59 of | 93627 |
| the Revised Code participate in the quality-rating program | 93628 |
| established under section 5104.30 of the Revised Code. | 93629 |
| (D) The Department of Education shall do all of the | 93630 |
| following: | 93631 |
| (1) Define the early learning services that will be provided | 93632 |
| to eligible children through the Early Learning Initiative; | 93633 |
| (2) In consultation with the Department of Job and Family | 93634 |
| Services, develop an application form and criteria for the | 93635 |
| selection of early learning agencies. The criteria shall require | 93636 |
| an early learning agency, or each early learning provider with | 93637 |
| which the agency has entered into an agreement for the operation | 93638 |
| of an early learning program on the agency's behalf, to be | 93639 |
| licensed by the Department of Education under sections 3301.52 to | 93640 |
| 3301.59 of the Revised Code or by the Department of Job and | 93641 |
| Family Services under Chapter 5104. of the Revised Code; | 93642 |
| (3) Establish early learning program guidelines for school | 93643 |
| readiness to assess the operation of early learning programs. | 93644 |
| (E) Any entity that seeks to be an early learning agency | 93645 |
| shall apply to the Department of Education by a deadline | 93646 |
| established by the Department. The Department of Education shall | 93647 |
| select entities that meet the criteria established under division | 93648 |
| (D)(2) of this section to be early learning agencies. Upon | 93649 |
| selection of an entity to be an early learning agency, the | 93650 |
| Department of Education shall designate the number of eligible | 93651 |
| children the agency may enroll. The Department of Education shall | 93652 |
| notify the Department of Job and Family Services of the number so | 93653 |
| designated. | 93654 |
| (F) The Department of Education and the Department of Job and | 93655 |
| Family Services shall enter into a contract with each early | 93656 |
| learning agency selected under division (E) of this section. The | 93657 |
| requirements of section 127.16 of the Revised Code do not apply to | 93658 |
| contracts entered into under this section. The contract shall | 93659 |
| outline the terms and conditions applicable to the provision of | 93660 |
| Title IV-A services for eligible children and shall include at | 93661 |
| least the following: | 93662 |
| (1) The respective duties of the early learning agency, the | 93663 |
| Department of Education, and the Department of Job and Family | 93664 |
| Services; | 93665 |
| (2) Requirements applicable to the allowable use of and | 93666 |
| accountability for compensation paid under the contract; | 93667 |
| (3) Reporting requirements, including a requirement that the | 93668 |
| early learning provider inform the Department of Education when | 93669 |
| the provider learns that a kindergarten eligible child will not be | 93670 |
| enrolled in kindergarten; | 93671 |
| (4) The compensation schedule payable under the contract; | 93672 |
| (5) Audit requirements; | 93673 |
| (6) Provisions for suspending, modifying, or terminating the | 93674 |
| contract. | 93675 |
| (G) If an early learning agency, or an early learning | 93676 |
| provider operating an early learning program on the agency's | 93677 |
| behalf, substantially fails to meet the early learning program | 93678 |
| guidelines for school readiness or exhibits substandard | 93679 |
| performance, as determined by the Department of Education, the | 93680 |
| agency shall develop and implement a corrective action plan. The | 93681 |
| Department of Education shall approve the corrective action plan | 93682 |
| prior to implementation. | 93683 |
| (H) If an early learning agency fails to implement a | 93684 |
| corrective action plan under division (G) of this section, the | 93685 |
| Department of Education may direct the Department of Job and | 93686 |
| Family Services to either withhold funding or request that the | 93687 |
| Department of Job and Family Services suspend or terminate the | 93688 |
| contract with the agency. | 93689 |
| (I) Each early learning program shall do all of the | 93690 |
| following: | 93691 |
| (1) Meet teacher qualification requirements prescribed by | 93692 |
| section 3301.311 of the Revised Code; | 93693 |
| (2) Align curriculum to the early learning content standards; | 93694 |
| (3) Meet any assessment requirements prescribed by section | 93695 |
| 3301.0715 of the Revised Code that apply to the program; | 93696 |
| (4) Require teachers, except teachers enrolled and working to | 93697 |
| obtain a degree pursuant to section 3301.311 of the Revised Code, | 93698 |
| to attend a minimum of twenty hours per biennium of professional | 93699 |
| development as prescribed by the Department of Education regarding | 93700 |
| the implementation of early learning program guidelines for school | 93701 |
| readiness; | 93702 |
| (5) Document and report child progress; | 93703 |
| (6) Meet and report compliance with the early learning | 93704 |
| program guidelines for school success; | 93705 |
| (7) Participate in early language and literacy classroom | 93706 |
| observation evaluation studies. | 93707 |
| (J) Each county Department of Job and Family Services shall | 93708 |
| determine eligibility for Title IV-A services for children seeking | 93709 |
| to enroll in an early learning program within fifteen days after | 93710 |
| receipt of a completed application in accordance with rules | 93711 |
| adopted under this section. | 93712 |
| (K) The provision of early learning services in an early | 93713 |
| learning program shall not prohibit or otherwise prevent an | 93714 |
| individual from obtaining certificates for payment under division | 93715 |
| (C) of section 5104.32 of the Revised Code. | 93716 |
| (L) Notwithstanding section 126.07 of the Revised Code: | 93717 |
| (1) Any fiscal year 2010 contract executed prior to July 1, | 93718 |
| 2009, between the Departments of Job and Family Services and | 93719 |
| Education and an early learning agency that was not an early | 93720 |
| learning agency as of June 30, 2009, shall be deemed to be | 93721 |
| effective as of July 1, 2009, upon issuance of a state purchase | 93722 |
| order, even if the purchase order is approved at some later date. | 93723 |
| (2) Any fiscal year 2010 contract executed between the | 93724 |
| Departments of Job and Family Services and Education and an early | 93725 |
| learning agency that had a valid contract for early learning | 93726 |
| services on June 30, 2009, shall be deemed to be effective as of | 93727 |
| July 1, 2009, upon the issuance of a state purchase order, even if | 93728 |
| the purchase order is approved at some later date. | 93729 |
| (3) Any fiscal year 2011 contract executed prior to July 1, | 93730 |
| 2010, between the Departments of Job and Family Services and | 93731 |
| Education and an early learning agency that was not an early | 93732 |
| learning agency as of June 30, 2010, shall be deemed to be | 93733 |
| effective as of July 1, 2010, upon issuance of a state purchase | 93734 |
| order, even if the purchase order is approved at some later date. | 93735 |
| (4) Any fiscal year 2011 contract executed between the | 93736 |
| Departments of Job and Family Services and Education and an early | 93737 |
| learning agency that had a valid contract for early learning | 93738 |
| services on June 30, 2010, shall be deemed to be effective as of | 93739 |
| July 1, 2010, upon the issuance of a state purchase order, even if | 93740 |
| the purchase order is approved at some later date. | 93741 |
| (M) The Departments of Job and Family Services and Education | 93742 |
| shall contract for up to 12,000 enrollment slots for eligible | 93743 |
| children in each fiscal year through the Early Learning | 93744 |
| Initiative. | 93745 |
| (N) Eligible expenditures for the Early Learning Initiative | 93746 |
| shall be claimed each fiscal year to help meet the state's TANF | 93747 |
| maintenance of effort requirement. The Superintendent of Public | 93748 |
| Instruction and the Director of Job and Family Services shall | 93749 |
| enter into an interagency agreement to carry out the requirements | 93750 |
| under this division, which shall include developing reporting | 93751 |
| guidelines for these expenditures. | 93752 |
| Section 309.45. CHILD WELFARE | 93753 |
| Section 309.45.10. ALTERNATIVE RESPONSE | 93754 |
| The Department of Job and Family Services shall develop, | 93755 |
| implement, oversee, and evaluate a pilot program based on an | 93756 |
| "Alternative Response" approach to reports of child abuse, | 93757 |
| neglect, and dependency. The pilot program shall be implemented in | 93758 |
| not more than ten counties that are selected by the Department and | 93759 |
| that agree to participate in the pilot program. The pilot program | 93760 |
| shall last eighteen months, not including time expended in | 93761 |
| preparation for the implementation of the pilot program and any | 93762 |
| post-pilot program evaluation activity. After the eighteen-month | 93763 |
| period, the ten sites may continue to administer the Alternative | 93764 |
| Response approach uninterrupted, unless the Department determines | 93765 |
| otherwise. | 93766 |
| The Department shall assure that the Alternative Response | 93767 |
| pilot program is independently evaluated with respect to outcomes | 93768 |
| for children and families, costs, worker satisfaction, and any | 93769 |
| other criteria the Department determines will be useful in the | 93770 |
| consideration of statewide implementation of an Alternative | 93771 |
| Response approach to child protection. The measure associated with | 93772 |
| the eighteen-month pilot program shall, for the purposes of the | 93773 |
| evaluation, be compared with those same measures in the pilot | 93774 |
| counties during the eighteen-month period immediately preceding | 93775 |
| the beginning of the pilot program period. If the independent | 93776 |
| evaluation of the pilot program recommends statewide | 93777 |
| implementation of an Alternative Response approach to child | 93778 |
| protection, the Department may expand the Alternative Response | 93779 |
| approach statewide through a schedule determined by the | 93780 |
| Department. Prior to statewide implementation, the Department | 93781 |
| shall adopt rules in accordance with Chapter 119. of the Revised | 93782 |
| Code as necessary to carry out the purposes of this section. Until | 93783 |
| that time, the Department may adopt rules in accordance with | 93784 |
| section 111.15 of the Revised Code, as if they were internal | 93785 |
| management rules, as necessary to carry out the purposes of this | 93786 |
| section. | 93787 |
| Section 309.45.15. INDEPENDENT LIVING SERVICES | 93788 |
| Of the foregoing appropriation item 600523, Children and | 93789 |
| Families Services, up to $1,500,000 in each fiscal year shall be | 93790 |
| used to provide independent living services to foster youth and | 93791 |
| former foster youth between 16 and 21 years of age. | 93792 |
| Section 309.45.21. CHILD, FAMILY, AND ADULT COMMUNITY AND | 93793 |
| PROTECTIVE SERVICES | 93794 |
| (A) The foregoing appropriation item 600533, Child, Family, | 93795 |
| and Adult Community & Protective Services, shall be distributed to | 93796 |
| each county department of job and family services using the | 93797 |
| formula the Department of Job and Family Services uses when | 93798 |
| distributing Title XX funds to county departments of job and | 93799 |
| family services under section 5101.46 of the Revised Code. County | 93800 |
| departments shall use the funds distributed to them under this | 93801 |
| section as follows, in accordance with the written plan of | 93802 |
| cooperation entered into under section 307.983 of the Revised | 93803 |
| Code: | 93804 |
| (1) To assist individuals achieve or maintain | 93805 |
| self-sufficiency, including by reducing or preventing dependency | 93806 |
| among individuals with family income not exceeding two hundred per | 93807 |
| cent of the federal poverty guidelines; | 93808 |
| (2) Subject to division (B) of this section, to respond to | 93809 |
| reports of abuse, neglect, or exploitation of children and adults, | 93810 |
| including through the alternative approach pilot program developed | 93811 |
| under Section 309.40.40 of this act; | 93812 |
| (3) To provide outreach and referral services regarding home | 93813 |
| and community-based services to individuals at risk of placement | 93814 |
| in a group home or institution, regardless of the individuals' | 93815 |
| family income and without need for a written application; | 93816 |
| (4) To provide outreach, referral, application assistance, | 93817 |
| and other services to assist individuals receive assistance, | 93818 |
| benefits, or services under Medicaid; Title IV-A programs, as | 93819 |
| defined in section 5101.80 of the Revised Code; the Supplemental | 93820 |
| Nutrition Assistance Program; and other public assistance | 93821 |
| programs. | 93822 |
| (B) Protective services may be provided to a child or adult | 93823 |
| as part of a response, under division (A)(2) of this section, to a | 93824 |
| report of abuse, neglect, or exploitation without regard to a | 93825 |
| child or adult's family income and without need for a written | 93826 |
| application. The protective services may be provided if the case | 93827 |
| record documents circumstances of actual or potential abuse, | 93828 |
| neglect, or exploitation. | 93829 |
| Section 309.45.90. REALLOCATION OF UNUSED COUNTY ALLOCATIONS | 93830 |
| (A) As used in this section: | 93831 |
| (1) "Income maintenance funds" means funds the Department of | 93832 |
| Job and Family Services allocates to a county to meet matching | 93833 |
| fund requirements or reimburse a county for administrative | 93834 |
| expenditures incurred in the administration of the Disability | 93835 |
| Financial Assistance Program, Disability Medical Assistance | 93836 |
| Program, Medicaid Program, or Supplemental Nutrition Assistance | 93837 |
| Program. | 93838 |
| (2) "TANF funds" means funds the Department of Job and Family | 93839 |
| Services allocates to a county for Title IV-A programs, as defined | 93840 |
| in section 5101.80 of the Revised Code. | 93841 |
| (3) "TANF Title XX transfer funds" means funds the Department | 93842 |
| of Job and Family Services allocates to a county for purposes of | 93843 |
| section 5101.461 of the Revised Code. | 93844 |
| (4) "Title XX social services funds" means funds the | 93845 |
| Department of Job and Family Services allocates to a county | 93846 |
| department of job and family services for purposes of section | 93847 |
| 5101.46 of the Revised Code. | 93848 |
| (B) If a county informs the Department of Job and Family | 93849 |
| Services that the county will not use the entire amount of the | 93850 |
| income maintenance funds, TANF funds, TANF Title XX transfer | 93851 |
| funds, or Title XX social services funds allocated to the county | 93852 |
| for fiscal year 2010 or fiscal year 2011, the Department shall | 93853 |
| reallocate the portion of the funds the county will not use to | 93854 |
| other counties for the remainder of the fiscal year in which the | 93855 |
| funds are reallocated or the next fiscal year. In reallocating the | 93856 |
| funds, the Department shall do both of the following: | 93857 |
| (1) For each of the funds separately, rank each county by the | 93858 |
| percentage reduction in allocations of the funds from the fiscal | 93859 |
| year preceding the fiscal year in which the reallocation is made | 93860 |
| to the fiscal year in which the reallocation is made, with the | 93861 |
| county that has the greatest reduction percentage placed at the | 93862 |
| top of the ranking; | 93863 |
| (2) Reallocate each of the funds separately to counties in | 93864 |
| the order in which counties are ranked under division (B)(1) of | 93865 |
| this section in a manner that provides, to the extent funds are | 93866 |
| available for reallocation, for each county to be, as a result of | 93867 |
| the reallocation, allocated the same amount of the funds that the | 93868 |
| county was allocated the previous fiscal year, other than the | 93869 |
| counties that inform the Department they will not use the full | 93870 |
| amount of their allocation of the funds. | 93871 |
| Section 309.50. UNEMPLOYMENT COMPENSATION | 93872 |
| Section 309.50.10. EMPLOYER SURCHARGE | 93873 |
| The surcharge and the interest on the surcharge amounts due | 93874 |
| for calendar years 1988, 1989, and 1990 as required by Am. Sub. | 93875 |
| H.B. 171 of the 117th General Assembly, Am. Sub. H.B. 111 of the | 93876 |
| 118th General Assembly, and section 4141.251 of the Revised Code | 93877 |
| as it existed prior to its repeal by Sub. H.B. 478 of the 122nd | 93878 |
| General Assembly, again shall be assessed and collected by, | 93879 |
| accounted for, and made available to the Department of Job and | 93880 |
| Family Services in the same manner as set forth in section | 93881 |
| 4141.251 of the Revised Code as it existed prior to its repeal by | 93882 |
| Sub. H.B. 478 of the 122nd General Assembly, notwithstanding the | 93883 |
| repeal of the surcharge for calendar years after 1990, pursuant to | 93884 |
| Sub. H.B. 478 of the 122nd General Assembly, except that amounts | 93885 |
| received by the Director on or after July 1, 2001, shall be | 93886 |
| deposited into the Unemployment Compensation Special | 93887 |
| Administrative Fund (Fund 4A90) established pursuant to section | 93888 |
| 4141.11 of the Revised Code. | 93889 |
| Section 309.50.20. FEDERAL UNEMPLOYMENT PROGRAMS | 93890 |
| All unexpended funds remaining at the end of fiscal year 2009 | 93891 |
| that were appropriated and made available to the state under | 93892 |
| section 903(d) of the Social Security Act, as amended, in the | 93893 |
| foregoing appropriation item 600678, Federal Unemployment | 93894 |
| Programs (Fund 3V40), are hereby appropriated to the Department | 93895 |
| of Job and Family Services. Upon the request of the Director of | 93896 |
| Job and Family Services, the Director of Budget and Management | 93897 |
| may increase the appropriation for fiscal year 2010 by the | 93898 |
| amount remaining unspent from the fiscal year 2009 appropriation | 93899 |
| and may increase the appropriation for fiscal year 2011 by the | 93900 |
| amount remaining unspent from the fiscal year 2010 | 93901 |
| appropriation. The appropriation shall be used under the | 93902 |
| direction of the Department of Job and Family Services to pay for | 93903 |
| administrative activities for the Unemployment Insurance Program, | 93904 |
| employment services, and other allowable expenditures under | 93905 |
| section 903(d) of the Social Security Act, as amended. | 93906 |
| The amounts obligated pursuant to this section shall not | 93907 |
| exceed at any time the amount by which the aggregate of the | 93908 |
| amounts transferred to the account of the state under section | 93909 |
| 903(d) of the Social Security Act, as amended, exceeds the | 93910 |
| aggregate of the amounts obligated for administration and paid out | 93911 |
| for benefits and required by law to be charged against the amounts | 93912 |
| transferred to the account of the state. | 93913 |
| Section 309.50.30. REMOVAL OF UNEMPLOYMENT COMPENSATION | 93914 |
| ADVISORY COUNCIL MEMBERS | 93915 |
| The intent of the General Assembly in the amendments made in | 93916 |
| this act to section 145.012 is to provide that service as a | 93917 |
| member of the Unemployment Compensation Advisory Council on or | 93918 |
| after the effective date of this section shall not be service as | 93919 |
| a public employee for purposes of Chapter 145. of the Revised | 93920 |
| Code. The amendments are not intended to prohibit the use of such | 93921 |
| service for calculation of benefits under Chapter 145. of the | 93922 |
| Revised Code for service prior to the effective date of this | 93923 |
| section. | 93924 |
| Section 310.10. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW | 93925 |
| General Revenue Fund | 93926 |
| GRF | 029321 | Operating Expenses | $ | 435,168 | $ | 435,168 | 93927 | ||||
| TOTAL GRF General Revenue Fund | $ | 435,168 | $ | 435,168 | 93928 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 435,168 | $ | 435,168 | 93929 | ||||||
| OPERATING | 93930 |
| The Chief Administrative Officer of the House of | 93931 |
| Representatives and the Clerk of the Senate shall determine, by | 93932 |
| mutual agreement, which of them shall act as fiscal agent for the | 93933 |
| Joint Committee on Agency Rule Review. Members of the Committee | 93934 |
| shall be paid in accordance with section 101.35 of the Revised | 93935 |
| Code. | 93936 |
| OPERATING EXPENSES | 93937 |
| On July 1, 2009, or as soon as possible thereafter, the | 93938 |
| Executive Director of the Joint Committee on Agency Rule Review | 93939 |
| may certify to the Director of Budget and Management the amount of | 93940 |
| the unexpended, unencumbered balance of the foregoing | 93941 |
| appropriation item 029321, Operating Expenses, at the end of | 93942 |
| fiscal year 2009 to be reappropriated to fiscal year 2010. The | 93943 |
| amount certified is hereby reappropriated to the same | 93944 |
| appropriation item for fiscal year 2010. | 93945 |
| On July 1, 2010, or as soon as possible thereafter, the | 93946 |
| Executive Director of the Joint Committee on Agency Rule Review | 93947 |
| may certify to the Director of Budget and Management the amount of | 93948 |
| the unexpended, unencumbered balance of the foregoing | 93949 |
| appropriation item 029321, Operating Expenses, at the end of | 93950 |
| fiscal year 2010 to be reappropriated to fiscal year 2011. The | 93951 |
| amount certified is hereby reappropriated to the same | 93952 |
| appropriation item for fiscal year 2011. | 93953 |
| Section 313.10. JSC THE JUDICIARY/SUPREME COURT | 93954 |
| General Revenue Fund | 93955 |
| GRF | 005321 | Operating Expenses - Judiciary/Supreme Court | $ | 131,055,370 | $ | 131,055,370 | 93956 | ||||
| GRF | 005401 | State Criminal Sentencing Council | $ | 206,770 | $ | 206,770 | 93957 | ||||
| GRF | 005409 | Ohio Courts Technology Initiative | $ | 4,250,000 | $ | 4,250,000 | 93958 | ||||
| TOTAL GRF General Revenue Fund | $ | 135,512,140 | $ | 135,512,140 | 93959 | ||||||
| General Services Fund Group | 93960 |
| 4030 | 005XXX | Ohio Jury Instructions | $ | 350,000 | $ | 350,000 | 93961 | ||||
| 6720 | 005601 | Continuing Judicial Education | $ | 300,000 | $ | 300,000 | 93962 | ||||
| TOTAL GSF General Services Fund Group | $ | 650,000 | $ | 650,000 | 93963 | ||||||
| Federal Special Revenue Fund Group | 93964 |
| 3J00 | 005603 | Federal Grants | $ | 2,137,866 | $ | 1,917,081 | 93965 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 2,137,866 | $ | 1,917,081 | 93966 | ||||||
| State Special Revenue Fund Group | 93967 |
| 4C80 | 005605 | Attorney Services | $ | 3,704,659 | $ | 3,704,659 | 93968 | ||||
| 5T80 | 005609 | Grants and Awards | $ | 50,000 | $ | 50,000 | 93969 | ||||
| 6A80 | 005606 | Supreme Court Admissions | $ | 1,284,142 | $ | 1,284,142 | 93970 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 5,038,801 | $ | 5,038,801 | 93971 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 143,338,807 | $ | 143,118,022 | 93972 | ||||||
| OHIO COURTS TECHNOLOGY INITIATIVE | 93973 |
| The foregoing appropriation item 005409, Ohio Courts | 93974 |
| Technology Initiative, shall be used to fund an initiative by the | 93975 |
| Supreme Court to facilitate the exchange of information and | 93976 |
| warehousing of data by and between Ohio courts and other justice | 93977 |
| system partners through the creation of an Ohio Courts Network, | 93978 |
| the delivery of technology services to courts throughout the | 93979 |
| state, including the provision of hardware, software, and the | 93980 |
| development and implementation of educational and training | 93981 |
| programs for judges and court personnel, and operation of the | 93982 |
| Commission on Technology and the Courts by the Supreme Court for | 93983 |
| the promulgation of statewide rules, policies, and uniform | 93984 |
| standards, and to aid in the orderly adoption and comprehensive | 93985 |
| use of technology in Ohio courts. | 93986 |
| CONTINUING JUDICIAL EDUCATION | 93987 |
| The Continuing Judicial Education Fund (Fund 6720) shall | 93988 |
| consist of fees paid by judges and court personnel for attending | 93989 |
| continuing education courses and other gifts and grants received | 93990 |
| for the purpose of continuing judicial education. The foregoing | 93991 |
| appropriation item 005601, Continuing Judicial Education, shall be | 93992 |
| used to pay expenses for continuing education courses for judges | 93993 |
| and court personnel. If it is determined by the Administrative | 93994 |
| Director of the Supreme Court that additional appropriations are | 93995 |
| necessary, the amounts are hereby appropriated. | 93996 |
| No money in Fund 6720 shall be transferred to any other fund | 93997 |
| by the Director of Budget and Management or the Controlling Board. | 93998 |
| Interest earned on moneys in Fund 6720 shall be credited to the | 93999 |
| fund. | 94000 |
| FEDERAL GRANTS | 94001 |
| The Federal Grants Fund (Fund 3J00) shall consist of grants | 94002 |
| and other moneys awarded to the Supreme Court (The Judiciary) by | 94003 |
| the United States Government or other entities that receive the | 94004 |
| moneys directly from the United States Government and distribute | 94005 |
| those moneys to the Supreme Court (The Judiciary). The foregoing | 94006 |
| appropriation item 005603, Federal Grants, shall be used in a | 94007 |
| manner consistent with the purpose of the grant or award. If it is | 94008 |
| determined by the Administrative Director of the Supreme Court | 94009 |
| that additional appropriations are necessary, the amounts are | 94010 |
| hereby appropriated. | 94011 |
| No money in Fund 3J00 shall be transferred to any other fund | 94012 |
| by the Director of Budget and Management or the Controlling | 94013 |
| Board. However, interest earned on moneys in Fund 3J00 shall be | 94014 |
| credited or transferred to the General Revenue Fund. | 94015 |
| ATTORNEY SERVICES | 94016 |
| The Attorney Services Fund (Fund 4C80), formerly known as the | 94017 |
| Attorney Registration Fund, shall consist of moneys received by | 94018 |
| the Supreme Court (The Judiciary) pursuant to the Rules for the | 94019 |
| Government of the Bar of Ohio. In addition to funding other | 94020 |
| activities considered appropriate by the Supreme Court, the | 94021 |
| foregoing appropriation item 005605, Attorney Services, may be | 94022 |
| used to compensate employees and to fund appropriate activities of | 94023 |
| the following offices established by the Supreme Court: the Office | 94024 |
| of Disciplinary Counsel, the Board of Commissioners on Grievances | 94025 |
| and Discipline, the Clients' Security Fund, and the Attorney | 94026 |
| Services Division. If it is determined by the Administrative | 94027 |
| Director of the Supreme Court that additional appropriations are | 94028 |
| necessary, the amounts are hereby appropriated. | 94029 |
| No moneys in Fund 4C80 shall be transferred to any other | 94030 |
| fund by the Director of Budget and Management or the Controlling | 94031 |
| Board. Interest earned on moneys in Fund 4C80 shall be credited to | 94032 |
| the fund. | 94033 |
| GRANTS AND AWARDS | 94034 |
| The Grants and Awards Fund (Fund 5T80) shall consist of | 94035 |
| grants and other moneys awarded to the Supreme Court (The | 94036 |
| Judiciary) by the State Justice Institute, the Division of | 94037 |
| Criminal Justice Services, or other entities. The foregoing | 94038 |
| appropriation item 005609, Grants and Awards, shall be used in a | 94039 |
| manner consistent with the purpose of the grant or award. If it | 94040 |
| is determined by the Administrative Director of the Supreme Court | 94041 |
| that additional appropriations are necessary, the amounts are | 94042 |
| hereby appropriated. | 94043 |
| No moneys in Fund 5T80 shall be transferred to any other | 94044 |
| fund by the Director of Budget and Management or the Controlling | 94045 |
| Board. However, interest earned on moneys in Fund 5T80 shall be | 94046 |
| credited or transferred to the General Revenue Fund. | 94047 |
| SUPREME COURT ADMISSIONS | 94048 |
| The foregoing appropriation item 005606, Supreme Court | 94049 |
| Admissions, shall be used to compensate Supreme Court employees | 94050 |
| who are primarily responsible for administering the attorney | 94051 |
| admissions program under the Rules for the Government of the Bar | 94052 |
| of Ohio, and to fund any other activities considered appropriate | 94053 |
| by the court. Moneys shall be deposited into the Supreme Court | 94054 |
| Admissions Fund (Fund 6A80) under the Supreme Court Rules for the | 94055 |
| Government of the Bar of Ohio. If it is determined by the | 94056 |
| Administrative Director of the Supreme Court that additional | 94057 |
| appropriations are necessary, the amounts are hereby appropriated. | 94058 |
| No moneys in Fund 6A80 shall be transferred to any other fund | 94059 |
| by the Director of Budget and Management or the Controlling Board. | 94060 |
| Interest earned on moneys in Fund 6A80 shall be credited to the | 94061 |
| fund. | 94062 |
| Section 313.20. SUPREME COURT FILING FEE | 94063 |
| The General Assembly hereby respectfully requests the | 94064 |
| Supreme Court to modify Rule XV of the Rules of Practice of the | 94065 |
| Supreme Court of Ohio pursuant to its authority under the Ohio | 94066 |
| Constitution to make that Rule consistent with the amendments | 94067 |
| made by this act to section 2503.17 of the Revised Code. | 94068 |
| Section 315.10. LEC LAKE ERIE COMMISSION | 94069 |
| State Special Revenue Fund Group | 94070 |
| 4C00 | 780601 | Lake Erie Protection Fund | $ | 450,000 | $ | 450,000 | 94071 | ||||
| 5D80 | 780602 | Lake Erie Resources Fund | $ | 301,087 | $ | 301,087 | 94072 | ||||
| TOTAL SSR State Special Revenue | 94073 | ||||||||||
| Fund Group | $ | 751,087 | $ | 751,087 | 94074 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 751,087 | $ | 751,087 | 94075 | ||||||
| Section 317.10. LRS LEGAL RIGHTS SERVICE | 94077 |
| General Revenue Fund | 94078 |
| GRF | 054321 | Support Services | $ | 142,614 | $ | 142,614 | 94079 | ||||
| GRF | 054401 | Ombudsman | $ | 209,698 | $ | 209,698 | 94080 | ||||
| TOTAL GRF General Revenue Fund | $ | 352,312 | $ | 352,312 | 94081 | ||||||
| General Services Fund Group | 94082 |
| 5M00 | 054610 | Settlements | $ | 81,352 | $ | 81,352 | 94083 | ||||
| TOTAL GSF General Services | 94084 | ||||||||||
| Fund Group | $ | 81,352 | $ | 81,352 | 94085 | ||||||
| Federal Special Revenue Fund Group | 94086 |
| 3050 | 054602 | Protection and Advocacy - Developmentally Disabled | $ | 1,500,000 | $ | 1,500,000 | 94087 | ||||
| 3AG0 | 054613 | Protection and Advocacy - Voter Accessibility | $ | 135,000 | $ | 135,000 | 94088 | ||||
| 3B80 | 054603 | Protection and Advocacy - Mentally Ill | $ | 1,100,000 | $ | 1,100,000 | 94089 | ||||
| 3CA0 | 054615 | Work Incentives Planning and Assistance | $ | 355,000 | $ | 355,000 | 94090 | ||||
| 3N30 | 054606 | Protection and Advocacy - Individual Rights | $ | 570,000 | $ | 570,000 | 94091 | ||||
| 3N90 | 054607 | Assistive Technology | $ | 160,000 | $ | 160,000 | 94092 | ||||
| 3R90 | 054604 | Family Support Collaborative | $ | 12,500 | $ | 0 | 94093 | ||||
| 3R90 | 054616 | Developmental Disability Publications | $ | 130,000 | $ | 130,000 | 94094 | ||||
| 3T20 | 054609 | Client Assistance Program | $ | 435,000 | $ | 435,000 | 94095 | ||||
| 3X10 | 054611 | Protection and Advocacy - Beneficiaries of Social Security | $ | 235,000 | $ | 235,000 | 94096 | ||||
| 3Z60 | 054612 | Protection and Advocacy - Traumatic Brain Injury | $ | 70,000 | $ | 70,000 | 94097 | ||||
| TOTAL FED Federal Special Revenue | 94098 | ||||||||||
| Fund Group | $ | 4,702,500 | $ | 4,690,000 | 94099 | ||||||
| State Special Revenue Fund Group | 94100 |
| 5AE0 | 054614 | Grants and Contracts | $ | 24,600 | $ | 24,600 | 94101 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 24,600 | $ | 24,600 | 94102 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 5,160,764 | $ | 5,148,264 | 94103 | ||||||
| Section 317.20. LEGAL RIGHTS SERVICE NONPROFIT TRANSITION | 94105 |
| STUDY | 94106 |
| (A) The Legal Rights Service Commission shall conduct a study | 94107 |
| concerning a potential transition from a public entity to a | 94108 |
| nonprofit organization effective July 1, 2011. The study shall | 94109 |
| include an analysis of all of the following: | 94110 |
| (1) The feasibility of a transition to a nonprofit | 94111 |
| organization; | 94112 |
| (2) The potential effects on service delivery, including | 94113 |
| client service and access to required resources, and any other | 94114 |
| service delivery advantages or disadvantages that might result | 94115 |
| from the transition to a nonprofit organization; | 94116 |
| (3) Potential organizational effects, including cost savings | 94117 |
| and non-state funding sources, and any other organizational | 94118 |
| advantages or disadvantages that might result from the transition | 94119 |
| to a nonprofit organization; | 94120 |
| (4) The approximate amount of time necessary to achieve a | 94121 |
| transition to nonprofit status. | 94122 |
| (B) The Legal Rights Service Commission shall develop a | 94123 |
| process plan by which a transition to a nonprofit organization | 94124 |
| could be implemented not later than July 1, 2011. | 94125 |
| (C) Not later than six months after the effective date of | 94126 |
| this section, a written report of the results of the study and a | 94127 |
| copy of the process plan shall be submitted to the Governor, the | 94128 |
| Speaker and the Minority Leader of the House of Representatives, | 94129 |
| and the President and the Minority Leader of the Senate. | 94130 |
| Section 319.10. JLE JOINT LEGISLATIVE ETHICS COMMITTEE | 94131 |
| General Revenue Fund | 94132 |
| GRF | 028321 | Legislative Ethics Committee | $ | 550,000 | $ | 550,000 | 94133 | ||||
| TOTAL GRF General Revenue Fund | $ | 550,000 | $ | 550,000 | 94134 | ||||||
| General Services Fund Group | 94135 |
| 4G70 | 028601 | Joint Legislative Ethics Committee | $ | 100,000 | $ | 100,000 | 94136 | ||||
| TOTAL GSF General Services Fund Group | $ | 100,000 | $ | 100,000 | 94137 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 650,000 | $ | 650,000 | 94138 | ||||||
| Section 321.10. LSC LEGISLATIVE SERVICE COMMISSION | 94139 |
| General Revenue Fund | 94140 |
| GRF | 035321 | Operating Expenses | $ | 15,117,700 | $ | 15,117,700 | 94141 | ||||
| GRF | 035402 | Legislative Interns | $ | 1,000,000 | $ | 1,000,000 | 94142 | ||||
| GRF | 035407 | Legislative Task Force on Redistricting | $ | 750,000 | $ | 750,000 | 94143 | ||||
| GRF | 035409 | National Associations | $ | 520,468 | $ | 542,976 | 94144 | ||||
| GRF | 035410 | Legislative Information Systems | $ | 3,500,000 | $ | 3,500,000 | 94145 | ||||
| TOTAL GRF General Revenue Fund | $ | 20,888,168 | $ | 20,910,676 | 94146 | ||||||
| General Services Fund Group | 94147 |
| 4100 | 035601 | Sale of Publications | $ | 10,000 | $ | 10,000 | 94148 | ||||
| 4F60 | 035603 | Legislative Budget Services | $ | 200,000 | $ | 200,000 | 94149 | ||||
| 5EF0 | 035607 | Legislative Agency Telephone Usage | $ | 30,000 | $ | 30,000 | 94150 | ||||
| TOTAL GSF General Services | 94151 | ||||||||||
| Fund Group | $ | 240,000 | $ | 240,000 | 94152 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 21,128,168 | $ | 21,150,676 | 94153 | ||||||
| The Legislative Agency Telephone Usage Fund (Fund 5EF0), | 94154 |
| created by section 103.24 of the Revised Code, is the same fund, | 94155 |
| with a new name, as the House and Senate Telephone Usage Fund | 94156 |
| created by the Controlling Board in 2007. | 94157 |
| Section 323.10. LIB STATE LIBRARY BOARD | 94158 |
| General Revenue Fund | 94159 |
| GRF | 350321 | Operating Expenses | $ | 5,200,000 | $ | 5,200,000 | 94160 | ||||
| GRF | 350401 | Ohioana Rental Payments | $ | 128,560 | $ | 128,560 | 94161 | ||||
| GRF | 350502 | Regional Library Systems | $ | 600,000 | $ | 600,000 | 94162 | ||||
| TOTAL GRF General Revenue Fund | $ | 5,928,560 | $ | 5,928,560 | 94163 | ||||||
| General Services Fund Group | 94164 |
| 1390 | 350602 | Intra-Agency Service Charges | $ | 9,000 | $ | 9,000 | 94165 | ||||
| 4590 | 350603 | Library Service Charges | $ | 2,708,092 | $ | 2,708,092 | 94166 | ||||
| 4S40 | 350604 | Ohio Public Library Information Network | $ | 5,702,150 | $ | 5,702,150 | 94167 | ||||
| 5GB0 | 350605 | Library for the Blind | $ | 1,274,194 | $ | 1,274,194 | 94168 | ||||
| 5GG0 | 350606 | Gates Foundation Grants | $ | 500,000 | $ | 0 | 94169 | ||||
| TOTAL GSF General Services | 94170 | ||||||||||
| Fund Group | $ | 10,193,436 | $ | 9,693,436 | 94171 | ||||||
| Federal Special Revenue Fund Group | 94172 |
| 3130 | 350601 | LSTA Federal | $ | 5,543,747 | $ | 5,543,747 | 94173 | ||||
| TOTAL FED Federal Special Revenue | 94174 | ||||||||||
| Fund Group | $ | 5,543,747 | $ | 5,543,747 | 94175 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 21,665,743 | $ | 21,165,743 | 94176 | ||||||
| OHIOANA RENTAL PAYMENTS | 94177 |
| The foregoing appropriation item 350401, Ohioana Rental | 94178 |
| Payments, shall be used to pay the rental expenses of the Martha | 94179 |
| Kinney Cooper Ohioana Library Association under section 3375.61 | 94180 |
| of the Revised Code. | 94181 |
| REGIONAL LIBRARY SYSTEMS | 94182 |
| The foregoing appropriation item 350502, Regional Library | 94183 |
| Systems, shall be used to support regional library systems | 94184 |
| eligible for funding under sections 3375.83 and 3375.90 of the | 94185 |
| Revised Code. | 94186 |
| OHIO PUBLIC LIBRARY INFORMATION NETWORK | 94187 |
| (A) The foregoing appropriation item 350604, Ohio Public | 94188 |
| Library Information Network, shall be used for an information | 94189 |
| telecommunications network linking public libraries in the state | 94190 |
| and such others as may participate in the Ohio Public Library | 94191 |
| Information Network (OPLIN). | 94192 |
| The Ohio Public Library Information Network Board of Trustees | 94193 |
| created under section 3375.65 of the Revised Code may make | 94194 |
| decisions regarding use of the foregoing appropriation item | 94195 |
| 350604, Ohio Public Library Information Network. | 94196 |
| (B) Of the foregoing appropriation item 350604, Ohio Public | 94197 |
| Library Information Network, up to $81,000 in each fiscal year | 94198 |
| shall be used to help local libraries use filters to screen out | 94199 |
| obscene and illegal internet materials. | 94200 |
| The OPLIN Board shall research and assist or advise local | 94201 |
| libraries with regard to emerging technologies and methods that | 94202 |
| may be effective means to control access to obscene and illegal | 94203 |
| materials. The OPLIN Executive Director shall provide biannual | 94204 |
| written reports to the Governor, the Speaker and Minority Leader | 94205 |
| of the House of Representatives, and the President and Minority | 94206 |
| Leader of the Senate on any steps being taken by OPLIN and public | 94207 |
| libraries in the state to limit and control such improper usage as | 94208 |
| well as information on technological, legal, and law enforcement | 94209 |
| trends nationally and internationally affecting this area of | 94210 |
| public access and service. | 94211 |
| (C) The Ohio Public Library Information Network, INFOhio, and | 94212 |
| OhioLINK shall, to the extent feasible, coordinate and cooperate | 94213 |
| in their purchase or other acquisition of the use of electronic | 94214 |
| databases for their respective users and shall contribute funds in | 94215 |
| an equitable manner to such effort. | 94216 |
| LIBRARY FOR THE BLIND | 94217 |
| The foregoing appropriation item 350605, Library for the | 94218 |
| Blind, shall be used for the statewide Talking Book Program to | 94219 |
| assist the blind and disabled. | 94220 |
| TRANSFER TO OPLIN TECHNOLOGY FUND | 94221 |
| Notwithstanding sections 5747.03 and 5747.47 of the Revised | 94222 |
| Code and any other provision of law to the contrary, in accordance | 94223 |
| with a schedule established by the Director of Budget and | 94224 |
| Management, the Director of Budget and Management shall transfer | 94225 |
| $3,702,150 cash in each fiscal year from the Public Library Fund | 94226 |
| (Fund 7065) to the OPLIN Technology Fund (Fund 4S40). | 94227 |
| TRANSFER TO LIBRARY FOR THE BLIND FUND | 94228 |
| Notwithstanding sections 5747.03 and 5747.47 of the Revised | 94229 |
| Code and any other provision of law to the contrary, in accordance | 94230 |
| with a schedule established by the Director of Budget and | 94231 |
| Management, the Director of Budget and Management shall transfer | 94232 |
| $1,274,194 cash in each fiscal year from the Public Library Fund | 94233 |
| (Fund 7065) to the Library for the Blind Fund (Fund 5GB0). | 94234 |
| Section 325.10. LCO LIQUOR CONTROL COMMISSION | 94235 |
| Liquor Control Fund Group | 94236 |
| 7043 | 970321 | Operating Expenses | $ | 728,162 | $ | 772,524 | 94237 | ||||
| TOTAL LCF Liquor Control Fund Group | $ | 728,162 | $ | 772,524 | 94238 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 728,162 | $ | 772,524 | 94239 | ||||||
| Section 327.10. LOT STATE LOTTERY COMMISSION | 94241 |
| State Lottery Fund Group | 94242 |
| 2310 | 950604 | Charitable Gaming Oversight | $ | 2,378,000 | $ | 2,378,000 | 94243 | ||||
| 7044 | 950100 | Personal Services | $ | 24,378,979 | $ | 24,378,979 | 94244 | ||||
| 7044 | 950200 | Maintenance | $ | 14,578,155 | $ | 14,652,155 | 94245 | ||||
| 7044 | 950300 | Equipment | $ | 4,058,420 | $ | 3,603,920 | 94246 | ||||
| 7044 | 950402 | Advertising Contracts | $ | 21,756,000 | $ | 21,756,000 | 94247 | ||||
| 7044 | 950403 | Gaming Contracts | $ | 47,978,749 | $ | 48,756,010 | 94248 | ||||
| 7044 | 950500 | Problem Gambling Subsidy | $ | 350,000 | $ | 350,000 | 94249 | ||||
| 7044 | 950601 | Direct Prize Payments | $ | 124,426,168 | $ | 124,884,039 | 94250 | ||||
| 8710 | 950602 | Annuity Prizes | $ | 89,935,565 | $ | 89,415,976 | 94251 | ||||
| TOTAL SLF State Lottery Fund | 94252 | ||||||||||
| Group | $ | 329,840,036 | $ | 330,175,079 | 94253 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 329,840,036 | $ | 330,175,079 | 94254 | ||||||
| OPERATING EXPENSES | 94255 |
| Notwithstanding sections 127.14 and 131.35 of the Revised | 94256 |
| Code, the Controlling Board may, at the request of the State | 94257 |
| Lottery Commission, authorize expenditures from the State Lottery | 94258 |
| Fund in excess of the amounts appropriated, up to a maximum of 15 | 94259 |
| per cent of anticipated total revenue accruing from the sale of | 94260 |
| lottery tickets. Upon the approval of the Controlling Board, the | 94261 |
| additional amounts are hereby appropriated. | 94262 |
| DIRECT PRIZE PAYMENTS | 94263 |
| Any amounts, in addition to the amounts appropriated in | 94264 |
| appropriation item 950601, Direct Prize Payments, that the | 94265 |
| Director of the State Lottery Commission determines to be | 94266 |
| necessary to fund prizes, bonuses, and commissions are hereby | 94267 |
| appropriated. | 94268 |
| ANNUITY PRIZES | 94269 |
| Upon request of the State Lottery Commission, the Director of | 94270 |
| Budget and Management may transfer cash from the State Lottery | 94271 |
| Fund (Fund 7044) to the Deferred Prizes Trust Fund (Fund 8710) in | 94272 |
| an amount sufficient to fund deferred prizes. The Treasurer of | 94273 |
| State, from time to time, shall credit the Deferred Prizes Trust | 94274 |
| Fund (Fund 8710) the pro rata share of interest earned by the | 94275 |
| Treasurer of State on invested balances. | 94276 |
| Any amounts, in addition to the amounts appropriated in | 94277 |
| appropriation item 950602, Annuity Prizes, that the Director of | 94278 |
| the State Lottery Commission determines to be necessary to fund | 94279 |
| deferred prizes and interest earnings are hereby appropriated. | 94280 |
| TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND | 94281 |
| The Director of Budget and Management shall transfer an | 94282 |
| amount greater than or equal to $705,000,000 in fiscal year 2010 | 94283 |
| and $711,000,000 in fiscal year 2011 from the State Lottery Fund | 94284 |
| to the Lottery Profits Education Fund (Fund 7017). Transfers from | 94285 |
| the State Lottery Fund to the Lottery Profits Education Fund shall | 94286 |
| represent the estimated net income from operations for the | 94287 |
| Commission in fiscal year 2010 and fiscal year 2011. Transfers by | 94288 |
| the Director of Budget and Management to the Lottery Profits | 94289 |
| Education Fund shall be administered as the statutes direct. | 94290 |
| Section 329.10. MHC MANUFACTURED HOMES COMMISSION | 94291 |
| General Services Fund Group | 94292 |
| 4K90 | 996609 | Operating Expenses | $ | 400,000 | $ | 400,000 | 94293 | ||||
| TOTAL GSF General Services | 94294 | ||||||||||
| Fund Group | $ | 400,000 | $ | 400,000 | 94295 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 400,000 | $ | 400,000 | 94296 | ||||||
| Section 331.10. MED STATE MEDICAL BOARD | 94298 |
| General Services Fund Group | 94299 |
| 5C60 | 883609 | Operating Expenses | $ | 8,100,000 | $ | 8,100,000 | 94300 | ||||
| TOTAL GSF General Services | 94301 | ||||||||||
| Fund Group | $ | 8,100,000 | $ | 8,100,000 | 94302 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 8,100,000 | $ | 8,100,000 | 94303 | ||||||
| Section 333.10. AMB MEDICAL TRANSPORTATION BOARD | 94305 |
| General Services Fund Group | 94306 |
| 4K90 | 915604 | Operating Expenses | $ | 450,734 | $ | 450,734 | 94307 | ||||
| TOTAL GSF General Services | 94308 | ||||||||||
| Fund Group | $ | 450,734 | $ | 450,734 | 94309 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 450,734 | $ | 450,734 | 94310 | ||||||
| Section 335.10. DMH DEPARTMENT OF MENTAL HEALTH | 94312 |
| General Revenue Fund | 94313 |
| GRF | 332401 | Forensic Services | $ | 3,904,972 | $ | 3,904,972 | 94314 | ||||
| GRF | 333321 | Central Administration | $ | 17,204,000 | $ | 17,204,000 | 94315 | ||||
| GRF | 333402 | Resident Trainees | $ | 637,460 | $ | 637,460 | 94316 | ||||
| GRF | 333403 | Pre-Admission Screening Expenses | $ | 650,135 | $ | 650,135 | 94317 | ||||
| GRF | 333415 | Lease-Rental Payments | $ | 21,626,800 | $ | 22,360,300 | 94318 | ||||
| GRF | 334408 | Community and Hospital Mental Health Services | $ | 383,724,688 | $ | 383,724,688 | 94319 | ||||
| GRF | 334506 | Court Costs | $ | 781,322 | $ | 781,322 | 94320 | ||||
| GRF | 335404 | Behavioral Health Services-Children | $ | 7,460,800 | $ | 7,460,000 | 94321 | ||||
| GRF | 335405 | Family & Children First | $ | 2,322,000 | $ | 2,322,000 | 94322 | ||||
| GRF | 335419 | Community Medication Subsidy | $ | 9,959,798 | $ | 9,959,798 | 94323 | ||||
| GRF | 335505 | Local Mental Health Systems of Care | $ | 85,510,483 | $ | 65,567,856 | 94324 | ||||
| GRF | 335636 | Local Mental Health Subsidy - Federal Stimulus | $ | 0 | $ | 27,697,699 | 94325 | ||||
| TOTAL GRF General Revenue Fund | $ | 533,782,458 | $ | 542,271,030 | 94326 | ||||||
| General Services Fund Group | 94327 |
| 1490 | 333609 | Central Office Operating | $ | 1,200,000 | $ | 1,200,000 | 94328 | ||||
| 1490 | 334609 | Hospital - Operating Expenses | $ | 28,700,000 | $ | 28,700,000 | 94329 | ||||
| 1500 | 334620 | Special Education | $ | 150,000 | $ | 150,000 | 94330 | ||||
| 4P90 | 335604 | Community Mental Health Projects | $ | 250,000 | $ | 250,000 | 94331 | ||||
| 1510 | 336601 | Office of Support Services | $ | 148,998,000 | $ | 159,279,140 | 94332 | ||||
| TOTAL GSF General Services Fund Group | $ | 179,298,000 | $ | 189,579,140 | 94333 | ||||||
| Federal Special Revenue Fund Group | 94334 |
| 3240 | 333605 | Medicaid/Medicare | $ | 154,500 | $ | 154,500 | 94335 | ||||
| 3A60 | 333608 | Community and Hospital Services | $ | 140,000 | $ | 140,000 | 94336 | ||||
| 3A70 | 333612 | Social Services Block Grant | $ | 25,000 | $ | 25,000 | 94337 | ||||
| 3A80 | 333613 | Federal Grant - Administration | $ | 4,888,105 | $ | 4,888,105 | 94338 | ||||
| 3A90 | 333614 | Mental Health Block Grant - Administration | $ | 748,470 | $ | 748,470 | 94339 | ||||
| 3B10 | 333635 | Community Medicaid Expansion | $ | 13,691,682 | $ | 13,691,682 | 94340 | ||||
| 3240 | 334605 | Medicaid/Medicare | $ | 25,200,000 | $ | 30,200,000 | 94341 | ||||
| 3A60 | 334608 | Federal Miscellaneous | $ | 586,224 | $ | 586,224 | 94342 | ||||
| 3A80 | 334613 | Federal Letter of Credit | $ | 200,000 | $ | 200,000 | 94343 | ||||
| 3B00 | 334617 | Elementary/Secondary Education Act | $ | 182,334 | $ | 182,334 | 94344 | ||||
| 3A60 | 335608 | Federal Miscellaneous | $ | 2,178,699 | $ | 2,178,699 | 94345 | ||||
| 3A70 | 335612 | Social Services Block Grant | $ | 8,632,288 | $ | 8,632,288 | 94346 | ||||
| 3A80 | 335613 | Federal Grant - Community Mental Health Board Subsidy | $ | 2,595,040 | $ | 2,595,040 | 94347 | ||||
| 3A90 | 335614 | Mental Health Block Grant | $ | 14,220,930 | $ | 14,220,930 | 94348 | ||||
| 3B10 | 335635 | Community Medicaid Expansion | $ | 362,770,242 | $ | 345,067,320 | 94349 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 436,213,514 | $ | 423,510,592 | 94350 | ||||||
| State Special Revenue Fund Group | 94351 |
| 2320 | 333621 | Family and Children First Administration | $ | 725,000 | $ | 725,000 | 94352 | ||||
| 4850 | 333632 | Mental Health Operating | $ | 134,233 | $ | 134,233 | 94353 | ||||
| 4X50 | 333607 | Behavioral Health Medicaid Services | $ | 3,000,624 | $ | 3,000,624 | 94354 | ||||
| 5V20 | 333611 | Non-Federal Miscellaneous | $ | 560,000 | $ | 560,000 | 94355 | ||||
| 4850 | 334632 | Mental Health Operating | $ | 2,400,000 | $ | 2,400,000 | 94356 | ||||
| 6920 | 334636 | Community Mental Health Board Risk Fund | $ | 80,000 | $ | 80,000 | 94357 | ||||
| 5AU0 | 335615 | Behavioral Healthcare | $ | 6,690,000 | $ | 6,690,000 | 94358 | ||||
| 5CH0 | 335622 | Residential Support Service | $ | 1,500,000 | $ | 1,500,000 | 94359 | ||||
| 6320 | 335616 | Community Capital Replacement | $ | 350,000 | $ | 350,000 | 94360 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 15,439,857 | $ | 15,439,857 | 94361 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,164,733,829 | $ | 1,170,800,619 | 94362 | ||||||
| Section 335.10.10. FORENSIC SERVICES | 94364 |
| The foregoing appropriation item 332401, Forensic Services, | 94365 |
| shall be used to provide psychiatric services to courts of common | 94366 |
| pleas. The appropriation shall be allocated through community | 94367 |
| mental health boards to certified community agencies and shall be | 94368 |
| distributed according to the criteria delineated in rule | 94369 |
| 5122:32-01 of the Administrative Code. These community forensic | 94370 |
| funds may also be used to provide forensic training to community | 94371 |
| mental health boards and to forensic psychiatry residency programs | 94372 |
| in hospitals operated by the Department of Mental Health and to | 94373 |
| provide evaluations of patients of forensic status in facilities | 94374 |
| operated by the Department of Mental Health prior to conditional | 94375 |
| release to the community. | 94376 |
| In addition, appropriation item 332401, Forensic Services, | 94377 |
| may be used to support projects involving mental health or | 94378 |
| substance abuse, to assist courts and law enforcement to identify | 94379 |
| and develop appropriate alternative services to incarceration for | 94380 |
| nonviolent mentally ill offenders, and to provide specialized | 94381 |
| re-entry services to offenders leaving prisons and jails. Funds | 94382 |
| may also be used to provide forensic monitoring and tracking in | 94383 |
| addition to community programs serving persons of forensic status | 94384 |
| on conditional release or probation. | 94385 |
| Section 335.20.10. RESIDENCY TRAINEESHIP PROGRAMS | 94386 |
| The foregoing appropriation item 333402, Resident Trainees, | 94387 |
| shall be used to fund training agreements entered into by the | 94388 |
| Director of Mental Health for the development of curricula and the | 94389 |
| provision of training programs to support public mental health | 94390 |
| services. | 94391 |
| Section 335.20.20. PRE-ADMISSION SCREENING EXPENSES | 94392 |
| The foregoing appropriation item 333403, Pre-Admission | 94393 |
| Screening Expenses, shall be used to ensure that uniform statewide | 94394 |
| methods for pre-admission screening are in place for persons who | 94395 |
| have severe mental illness and are referred for long-term | 94396 |
| Medicaid certified nursing facility placement. Pre-admission | 94397 |
| screening includes the following activities: pre-admission | 94398 |
| assessment, consideration of continued stay requests, discharge | 94399 |
| planning and referral, and adjudication of appeals and grievance | 94400 |
| procedures. | 94401 |
| Section 335.20.30. LEASE-RENTAL PAYMENTS | 94402 |
| The foregoing appropriation item 333415, Lease-Rental | 94403 |
| Payments, shall be used to meet all payments during the period | 94404 |
| from July 1, 2009, to June 30, 2011, by the Department of Mental | 94405 |
| Health under leases and agreements made under section 154.20 of | 94406 |
| the Revised Code. These appropriations are the source of funds | 94407 |
| pledged for bond service charges on obligations issued pursuant to | 94408 |
| Chapter 154. of the Revised Code. | 94409 |
| Section 335.20.40. BEHAVIORAL HEALTH MEDICAID SERVICES | 94410 |
| The Department of Mental Health shall administer specified | 94411 |
| Medicaid services as delegated by the Department of Job and Family | 94412 |
| Services in an interagency agreement. The foregoing appropriation | 94413 |
| item 333607, Behavioral Health Medicaid Services, may be used to | 94414 |
| make payments for free-standing psychiatric hospital inpatient | 94415 |
| services as defined in an interagency agreement with the | 94416 |
| Department of Job and Family Services. | 94417 |
| Section 335.30.10. COMMUNITY MENTAL HEALTH BOARD RISK FUND | 94418 |
| The foregoing appropriation item 334636, Community Mental | 94419 |
| Health Board Risk Fund, shall be used to make payments under | 94420 |
| section 5119.62 of the Revised Code. | 94421 |
| Section 335.40.10. BEHAVIORAL HEALTH SERVICES - CHILDREN | 94422 |
| The foregoing appropriation item 335404, Behavioral Health | 94423 |
| Services-Children, shall be used to provide behavioral health | 94424 |
| services for children and their families. At least $1,000,000 in | 94425 |
| each fiscal year shall be used to provide behavioral health | 94426 |
| treatment services for children under the age of seven and their | 94427 |
| families. Behavioral health services include mental health and | 94428 |
| alcohol and other drug treatment services and other necessary | 94429 |
| supports. | 94430 |
| The foregoing appropriation item 335404, Behavioral Health | 94431 |
| Services-Children, shall be distributed to boards of alcohol, | 94432 |
| drug addiction, and mental health services, including community | 94433 |
| mental health boards and alcohol and drug addiction boards, based | 94434 |
| upon a distribution formula approved by the Director of Mental | 94435 |
| Health, except that the amount earmarked for children under the | 94436 |
| age of seven shall be distributed to the local boards based on | 94437 |
| community-need as determined by the Director of Mental Health. | 94438 |
| These moneys shall be used in accordance with the board's | 94439 |
| applicable plan or plans developed under sections 340.03 and | 94440 |
| 340.033 of the Revised Code and in collaboration with the local | 94441 |
| family and children first council. Collaboration with the local | 94442 |
| council shall be conducted through a process defined by a system | 94443 |
| of care guidance as approved by the Ohio Family and Children | 94444 |
| First Cabinet Council. | 94445 |
| Section 335.40.20. COMMUNITY MEDICATION SUBSIDY | 94446 |
| The foregoing appropriation item 335419, Community Medication | 94447 |
| Subsidy, shall be used to provide subsidized support for | 94448 |
| psychotropic medication needs of indigent citizens in the | 94449 |
| community to reduce unnecessary hospitalization because of lack of | 94450 |
| medication and to provide subsidized support for methadone costs. | 94451 |
| Section 335.40.30. LOCAL MENTAL HEALTH SYSTEMS OF CARE | 94452 |
| The foregoing appropriation item 335505, Local Mental Health | 94453 |
| Systems of Care, shall be used for mental health services | 94454 |
| provided by community mental health boards in accordance with a | 94455 |
| community mental health plan submitted under section 340.03 of | 94456 |
| the Revised Code and as approved by the Department of Mental | 94457 |
| Health. | 94458 |
| Section 337.10. DMR DEPARTMENT OF MENTAL RETARDATION AND | 94459 |
| DEVELOPMENTAL DISABILITIES | 94460 |
| General Revenue Fund | 94461 |
| GRF | 320321 | Central Administration | $ | 4,936,950 | $ | 4,936,950 | 94462 | ||||
| GRF | 320412 | Protective Services | $ | 2,558,619 | $ | 2,558,619 | 94463 | ||||
| GRF | 320415 | Lease-Rental Payments | $ | 21,626,800 | $ | 22,360,300 | 94464 | ||||
| GRF | 322413 | Residential and Support Services | $ | 5,854,555 | $ | 5,854,555 | 94465 | ||||
| GRF | 322416 | Medicaid Waiver - State Match | $ | 76,940,156 | $ | 96,995,649 | 94466 | ||||
| GRF | 322451 | Family Support Services | $ | 6,616,953 | $ | 6,616,953 | 94467 | ||||
| GRF | 322501 | County Boards Subsidies | $ | 82,093,807 | $ | 49,338,483 | 94468 | ||||
| GRF | 322503 | Tax Equity | $ | 14,000,000 | $ | 14,000,000 | 94469 | ||||
| GRF | 322504 | Martin Settlement | $ | 36,841,819 | $ | 36,841,819 | 94470 | ||||
| GRF | 322646 | MR/DD Subsidy - Federal Stimulus | $ | 0 | $ | 23,185,824 | 94471 | ||||
| GRF | 322647 | ICF/MR Franchise Fee - Developmental Centers | $ | 5,600,000 | $ | 7,500,000 | 94472 | ||||
| GRF | 323321 | Developmental Center and Residential Facilities Operation Expenses | $ | 72,874,333 | $ | 80,147,778 | 94473 | ||||
| TOTAL GRF General Revenue Fund | $ | 329,943,992 | $ | 350,336,930 | 94474 | ||||||
| General Services Fund Group | 94475 |
| 4880 | 322603 | Provider Audit Refunds | $ | 10,000 | $ | 10,000 | 94476 | ||||
| 1520 | 323609 | Developmental Center and Residential Operating Services | $ | 912,176 | $ | 912,176 | 94477 | ||||
| TOTAL GSF General Services Fund Group | $ | 922,176 | $ | 922,176 | 94478 | ||||||
| Federal Special Revenue Fund Group | 94479 |
| 3A50 | 320613 | DD Council | $ | 2,891,473 | $ | 2,963,760 | 94480 | ||||
| 3250 | 322612 | Community Social Service Programs | $ | 10,494,451 | $ | 10,494,451 | 94481 | ||||
| 3G60 | 322639 | Medicaid Waiver - Federal | $ | 759,888,829 | $ | 745,540,748 | 94482 | ||||
| 3M70 | 322650 | CAFS Medicaid | $ | 28,465,980 | $ | 29,349,502 | 94483 | ||||
| 3A40 | 323605 | Developmental Center and Residential Facility Services and Support | $ | 167,503,941 | $ | 162,857,712 | 94484 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 969,244,674 | $ | 951,206,173 | 94485 | ||||||
| State Special Revenue Fund Group | 94486 |
| 5GE0 | 320606 | Operating and Services | $ | 3,760,504 | $ | 7,521,008 | 94487 | ||||
| 2210 | 322620 | Supplement Service Trust | $ | 150,000 | $ | 150,000 | 94488 | ||||
| 4K80 | 322604 | Medicaid Waiver - State Match | $ | 12,000,000 | $ | 12,000,000 | 94489 | ||||
| 5CT0 | 322632 | Intensive Behavioral Needs | $ | 1,000,000 | $ | 1,000,000 | 94490 | ||||
| 5DJ0 | 322625 | Targeted Case Management Match | $ | 13,716,454 | $ | 13,716,454 | 94491 | ||||
| 5DJ0 | 322626 | Targeted Case Management Services | $ | 29,926,640 | $ | 29,926,640 | 94492 | ||||
| 5DK0 | 322629 | Capital Replacement Facilities | $ | 750,000 | $ | 750,000 | 94493 | ||||
| 5EV0 | 322627 | Program Fees | $ | 500,000 | $ | 500,000 | 94494 | ||||
| 5H00 | 322619 | Medicaid Repayment | $ | 15,000 | $ | 15,000 | 94495 | ||||
| 5Z10 | 322624 | County Board Waiver Match | $ | 158,648,995 | $ | 169,754,424 | 94496 | ||||
| 4890 | 323632 | Developmental Center Direct Care Support | $ | 15,395,774 | $ | 15,395,684 | 94497 | ||||
| 5S20 | 590622 | Medicaid Administration & Oversight | $ | 15,000,000 | $ | 15,000,000 | 94498 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 250,863,367 | $ | 265,729,210 | 94499 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,550,974,209 | $ | 1,568,194,489 | 94500 | ||||||
| Section 337.20.10. LEASE-RENTAL PAYMENTS | 94502 |
| The foregoing appropriation item 320415, Lease-Rental | 94503 |
| Payments, shall be used to meet all payments at the time they are | 94504 |
| required to be made during the period from July 1, 2009, to June | 94505 |
| 30, 2011, by the Department of Mental Retardation and | 94506 |
| Developmental Disabilities under leases and agreements made under | 94507 |
| section 154.20 of the Revised Code. These appropriations are the | 94508 |
| source of funds pledged for bond service charges or obligations | 94509 |
| issued pursuant to Chapter 154. of the Revised Code. | 94510 |
| Section 337.30.10. RESIDENTIAL AND SUPPORT SERVICES | 94511 |
| The Department of Mental Retardation and Developmental | 94512 |
| Disabilities may designate a portion of appropriation item | 94513 |
| 322413, Residential and Support Services, for Sermak Class | 94514 |
| Services used to implement the requirements of the agreement | 94515 |
| settling the consent decree in Sermak v. Manuel, Case No. | 94516 |
| c-2-80-220, United States District Court for the Southern District | 94517 |
| of Ohio, Eastern Division. | 94518 |
| Section 337.30.20. OTHER RESIDENTIAL AND SUPPORT SERVICE | 94519 |
| PROGRAMS | 94520 |
| The foregoing appropriation item 322413, Residential Support | 94521 |
| Services, may be used for residential and support service | 94522 |
| programs, developed by the Department of Mental Retardation and | 94523 |
| Developmental Disabilities, that enable persons with mental | 94524 |
| retardation and developmental disabilities to live in the | 94525 |
| community. | 94526 |
| Section 337.30.30. MEDICAID WAIVER - STATE MATCH (GRF) | 94527 |
| Except as otherwise provided in section 5123.0416 of the | 94528 |
| Revised Code, the purposes for which the foregoing appropriation | 94529 |
| item 322416, Medicaid Waiver - State Match, shall be used include | 94530 |
| the following: | 94531 |
| (A) Home and community-based waiver services under Title XIX | 94532 |
| of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, | 94533 |
| as amended. | 94534 |
| (B) To pay the nonfederal share of the cost of one or more | 94535 |
| new intermediate care facilities for the mentally retarded | 94536 |
| certified beds, if the Director of Mental Retardation and | 94537 |
| Developmental Disabilities is required by this act to transfer to | 94538 |
| the Director of Job and Family Services funds to pay such | 94539 |
| nonfederal share. | 94540 |
| Section 337.30.40. FISCAL PLAN FOR HOME AND COMMUNITY-BASED | 94541 |
| WAIVER SERVICES | 94542 |
| Not later than December 31, 2009, the Director of Mental | 94543 |
| Retardation and Developmental Disabilities shall submit a plan to | 94544 |
| the Director of Job and Family Services with recommendations for | 94545 |
| actions to be taken addressing the fiscal sustainability of home | 94546 |
| and community-based services as defined in section 5123.01 of the | 94547 |
| Revised Code. The plan may include recommendations for all of the | 94548 |
| following: | 94549 |
| (A) Changing the ranges in the amount the Medicaid program | 94550 |
| will pay per individual for the home and community-based services; | 94551 |
| (B) Establishing one or more maximum amounts that the | 94552 |
| Medicaid program will pay per individual for the home and | 94553 |
| community-based services; | 94554 |
| (C) Modifying the methodology used in establishing payment | 94555 |
| rates for providers, including the methodology's component that | 94556 |
| reflects wages and benefits for persons providing direct care and | 94557 |
| the component that reflects training and direct supervision of | 94558 |
| those persons. | 94559 |
| Section 337.30.50. STATE SUBSIDY TO COUNTY MR/DD BOARDS | 94560 |
| Except as otherwise provided in the section of this act | 94561 |
| titled "Nonfederal Share of New ICF/MR Beds," the Director of | 94562 |
| Mental Retardation and Developmental Disabilities, in consultation | 94563 |
| with the county boards of mental retardation and developmental | 94564 |
| disabilities, shall develop a formula for allocating the foregoing | 94565 |
| appropriation item 322501, County Boards Subsidies, to each board. | 94566 |
| The Department shall distribute this subsidy to county boards in | 94567 |
| quarterly installments. | 94568 |
| Except as otherwise provided in section 5126.0511 of the | 94569 |
| Revised Code, county boards shall use the subsidy for early | 94570 |
| childhood services and adult services provided under section | 94571 |
| 5126.05 of the Revised Code, service and support administration | 94572 |
| provided under section 5126.15 of the Revised Code, and supported | 94573 |
| living as defined in section 5126.01 of the Revised Code. | 94574 |
| Section 337.30.60. COUNTY BOARD SHARE OF WAIVER SERVICES | 94575 |
| As used in this section, "home and community-based services" | 94576 |
| has the same meaning as in section 5123.01 of the Revised Code. | 94577 |
| The Director of Mental Retardation and Developmental | 94578 |
| Disabilities shall establish a methodology to be used in state | 94579 |
| fiscal years 2010 and 2011 to estimate the quarterly amount each | 94580 |
| county board of mental retardation and developmental disabilities | 94581 |
| is to pay of the nonfederal share of home and community-based | 94582 |
| services that section 5126.0510 of the Revised Code requires | 94583 |
| county boards to pay. Each quarter, the Director shall submit to a | 94584 |
| county board written notice of the amount the county board is to | 94585 |
| pay for that quarter. The notice shall specify when the payment is | 94586 |
| due. | 94587 |
| If a county board fails to make the full payment by the time | 94588 |
| it is due, the Director of Mental Retardation and Developmental | 94589 |
| Disabilities may withhold the amount the county board fails to pay | 94590 |
| from one or more of the state subsidies that the Department of | 94591 |
| Mental Retardation and Developmental Disabilities would otherwise | 94592 |
| provide to the county board. Each quarter, the Director may use | 94593 |
| one or more of the following appropriation items to transfer cash | 94594 |
| from the General Revenue Fund to the County Board Waiver Match | 94595 |
| Fund (Fund 5Z10) equal to the amount the county board failed to | 94596 |
| pay: | 94597 |
| (A) Appropriation item 322413, Residential and Support | 94598 |
| Services; | 94599 |
| (B) Appropriation item 322451, Family Support Services; | 94600 |
| (C) Appropriation item 322501, County Boards Subsidies; | 94601 |
| (D) Appropriation item 322503, Tax Equity. | 94602 |
| Transfers shall be made using an intrastate transfer voucher. | 94603 |
| Section 337.30.70. TAX EQUITY | 94604 |
| Notwithstanding section 5126.18 of the Revised Code, if the | 94605 |
| Director of Mental Retardation and Developmental Disabilities | 94606 |
| determines that there is sufficient appropriation available, the | 94607 |
| foregoing appropriation item 322503, Tax Equity, shall be used | 94608 |
| to pay each county board of mental retardation and developmental | 94609 |
| disabilities an amount that is equal to the amount the board | 94610 |
| received for fiscal year 2009. If the Director determines that | 94611 |
| there is not sufficient appropriation available for this | 94612 |
| purpose, the Department shall pay to each county board an amount | 94613 |
| that is proportionate to the amount the board received for fiscal | 94614 |
| year 2009. Proportionality shall be determined by dividing the | 94615 |
| total tax equity payments distributed to county boards for fiscal | 94616 |
| year 2009 by the tax equity payment a county board received for | 94617 |
| fiscal year 2009. | 94618 |
| Section 337.30.80. MEDICAID WAIVER - STATE MATCH (FUND 4K80) | 94619 |
| The foregoing appropriation item 322604, Medicaid Waiver - | 94620 |
| State Match (Fund 4K80), shall be used as state matching funds for | 94621 |
| home and community-based waivers. | 94622 |
| Section 337.30.85. ICF/MR CONVERSION | 94623 |
| (A) As used in this section, "home and community-based | 94624 |
| services" has the same meaning as in section 5123.01 of the | 94625 |
| Revised Code. | 94626 |
| (B) For each quarter of the biennium, the Director of Mental | 94627 |
| Retardation and Developmental Disabilities shall certify to the | 94628 |
| Director of Budget and Management the estimated amount needed to | 94629 |
| fund the provision of home and community-based services made | 94630 |
| available by the slots sought under section 5111.877 of the | 94631 |
| Revised Code. On receipt of certification, the Director of Budget | 94632 |
| and Management shall transfer the estimated amount in cash from | 94633 |
| the General Revenue Fund to the Home and Community-Based | 94634 |
| Services/Mental Retardation Fund (Fund 4K80), used by the | 94635 |
| Department of Mental Retardation and Developmental Disabilities. | 94636 |
| Upon completion of the transfer, appropriation item 600525, Health | 94637 |
| Care/Medicaid, is hereby reduced by the amount transferred under | 94638 |
| this section plus the corresponding federal share. The amount | 94639 |
| transferred to Fund 4K80 is hereby appropriated to appropriation | 94640 |
| item 322604, Medicaid Waiver – State Match. | 94641 |
| (C) If receipts credited to the Medicaid Waiver Fund (Fund | 94642 |
| 3G60) exceed the amounts appropriated from the fund, the Director | 94643 |
| of Mental Retardation and Developmental Disabilities may request | 94644 |
| the Director of Budget and Management to authorize expenditures | 94645 |
| from the fund in excess of the amounts appropriated. Upon the | 94646 |
| approval of the Director of Budget and Management, the additional | 94647 |
| amounts are hereby appropriated. | 94648 |
| (D) If receipts credited to the Interagency Reimbursement | 94649 |
| Fund (Fund 3G50) exceed the amounts appropriated from the fund, | 94650 |
| the Director of Job and Family Services may request the Director | 94651 |
| of Budget and Management to authorize expenditures from the fund | 94652 |
| in excess of the amounts appropriated. Upon approval of the | 94653 |
| Director of Budget and Management, the additional amounts are | 94654 |
| hereby appropriated. | 94655 |
| Section 337.30.90. TARGETED CASE MANAGEMENT SERVICES | 94656 |
| County boards of mental retardation and developmental | 94657 |
| disabilities shall pay the nonfederal portion of targeted case | 94658 |
| management costs to the Department of Mental Retardation and | 94659 |
| Developmental Disabilities. The Director of Mental Retardation and | 94660 |
| Developmental Disabilities shall withhold any amount owed to the | 94661 |
| Department from subsequent payments from any appropriation item | 94662 |
| or money otherwise due to a nonpaying county. | 94663 |
| The Directors of Mental Retardation and Developmental | 94664 |
| Disabilities and Job and Family Services may enter into an | 94665 |
| interagency agreement under which the Department of Mental | 94666 |
| Retardation and Developmental Disabilities shall transfer cash to | 94667 |
| the Department of Job and Family Services equal to the nonfederal | 94668 |
| portion of the cost of targeted case management services paid by | 94669 |
| county boards and the Department of Job and Family Services shall | 94670 |
| pay the total cost of targeted case management claims. The | 94671 |
| transfer shall be made using an intrastate transfer voucher. | 94672 |
| Section 337.31.10. TRANSFER TO PROGRAM FEE FUND | 94673 |
| On July 1, 2009, or as soon as possible thereafter, the | 94674 |
| Director of Mental Retardation and Developmental Disabilities | 94675 |
| shall request that the Director of Budget and Management transfer | 94676 |
| the cash balance in the Conference/Training Fund (Fund 4B50) to | 94677 |
| the Program Fee Fund (Fund 5EV0). Upon completion of the | 94678 |
| transfer, Fund 4B50 is abolished. The Director of Mental | 94679 |
| Retardation and Developmental Disabilities shall cancel any | 94680 |
| existing encumbrances against appropriation item 320640, Training | 94681 |
| and Service Development, and re-establish them against | 94682 |
| appropriation item 322627, Program Fees. The re-established | 94683 |
| encumbrances are hereby appropriated. | 94684 |
| Section 337.31.20. DEVELOPMENTAL CENTER BILLING FOR SERVICES | 94685 |
| Developmental centers of the Department of Mental Retardation | 94686 |
| and Developmental Disabilities may provide services to persons | 94687 |
| with mental retardation or developmental disabilities living in | 94688 |
| the community or to providers of services to these persons. The | 94689 |
| Department may develop a method for recovery of all costs | 94690 |
| associated with the provisions of these services. | 94691 |
| Section 337.40.10. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER | 94692 |
| PHARMACY PROGRAMS | 94693 |
| The Director of Mental Retardation and Developmental | 94694 |
| Disabilities shall transfer cash to the Department of Job and | 94695 |
| Family Services quarterly, in an amount equal to the nonfederal | 94696 |
| share of Medicaid prescription drug claim costs for all | 94697 |
| developmental centers paid by the Department of Job and Family | 94698 |
| Services. The quarterly transfer shall be made using an intrastate | 94699 |
| transfer voucher. | 94700 |
| Section 337.40.20. NONFEDERAL MATCH FOR ACTIVE TREATMENT | 94701 |
| SERVICES | 94702 |
| Any county funds received by the Department of Mental | 94703 |
| Retardation and Developmental Disabilities from county boards for | 94704 |
| active treatment shall be deposited in the Mental Retardation | 94705 |
| Operating Fund (Fund 4890). | 94706 |
| Section 337.40.30. NONFEDERAL SHARE OF NEW ICF/MR BEDS | 94707 |
| (A) As used in this section, "intermediate care facility for | 94708 |
| the mentally retarded" has the same meaning as in section 5111.20 | 94709 |
| of the Revised Code. | 94710 |
| (B) Except as provided in division (D) of this section, if | 94711 |
| one or more new beds obtain certification as an intermediate care | 94712 |
| facility for the mentally retarded bed on or after July 1, 2009, | 94713 |
| the Director of Mental Retardation and Developmental Disabilities | 94714 |
| shall transfer cash to the Department of Job and Family Services | 94715 |
| to pay the nonfederal share of the cost under the Medicaid | 94716 |
| Program for those beds. The transfer shall be made using an | 94717 |
| intrastate transfer voucher. Except as otherwise provided in | 94718 |
| section 5123.0416 of the Revised Code, the Director shall use | 94719 |
| only the following appropriation items for the transfer: | 94720 |
| (1) Appropriation item 322416, Medicaid Waiver - State | 94721 |
| Match; | 94722 |
| (2) Appropriation item 322501, County Boards Subsidies. | 94723 |
| (C) If the beds are located in a county served by a county | 94724 |
| board of mental retardation and developmental disabilities that | 94725 |
| initiates or supports the beds' certification, the cash that the | 94726 |
| Director transfers under division (B) of this section shall be | 94727 |
| moneys that the Director has allocated to the county board serving | 94728 |
| the county in which the beds are located unless the amount of the | 94729 |
| allocation is insufficient to pay the entire nonfederal share of | 94730 |
| the cost under the Medicaid Program for those beds. If the | 94731 |
| allocation is insufficient, the Director shall use as much of such | 94732 |
| moneys allocated to other counties as is needed to make up the | 94733 |
| difference. | 94734 |
| (D) Division (B) of this section shall not apply in the case | 94735 |
| of beds in an intermediate care facility for the mentally retarded | 94736 |
| if, under section 5123.193 of the Revised Code, a residential | 94737 |
| facility license was obtained for the facility without obtaining | 94738 |
| approval of a plan for the proposed residential facility pursuant | 94739 |
| to section 5123.042 of the Revised Code. | 94740 |
| Section 339.10. MIH COMMISSION ON MINORITY HEALTH | 94741 |
| General Revenue Fund | 94742 |
| GRF | 149321 | Operating Expenses | $ | 461,698 | $ | 461,698 | 94743 | ||||
| GRF | 149501 | Minority Health Grants | $ | 1,000,000 | $ | 1,000,000 | 94744 | ||||
| GRF | 149502 | Lupus Program | $ | 136,126 | $ | 136,126 | 94745 | ||||
| TOTAL GRF General Revenue Fund | $ | 1,597,824 | $ | 1,597,824 | 94746 | ||||||
| Federal Special Revenue Fund Group | 94747 |
| 3J90 | 149602 | Federal Grants | $ | 179,250 | $ | 179,250 | 94748 | ||||
| TOTAL FED Federal Special Revenue | 94749 | ||||||||||
| Fund Group | $ | 179,250 | $ | 179,250 | 94750 | ||||||
| State Special Revenue Fund Group | 94751 |
| 4C20 | 149601 | Minority Health Conference | $ | 30,000 | $ | 30,000 | 94752 | ||||
| TOTAL SSR State Special Revenue | 94753 | ||||||||||
| Fund Group | $ | 30,000 | $ | 30,000 | 94754 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,807,074 | $ | 1,807,074 | 94755 | ||||||
| Section 341.10. CRB MOTOR VEHICLE COLLISION REPAIR | 94757 |
| REGISTRATION BOARD | 94758 |
| General Services Fund Group | 94759 |
| 4K90 | 865601 | Operating Expenses | $ | 288,745 | $ | 288,745 | 94760 | ||||
| TOTAL GSF General Services | 94761 | ||||||||||
| Fund Group | $ | 288,745 | $ | 288,745 | 94762 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 288,745 | $ | 288,745 | 94763 | ||||||
| Section 343.10. DNR DEPARTMENT OF NATURAL RESOURCES | 94765 |
| General Revenue Fund | 94766 |
| GRF | 725401 | Wildlife-GRF Central Support | $ | 2,300,000 | $ | 2,300,000 | 94767 | ||||
| GRF | 725413 | Lease Rental Payments | $ | 21,417,400 | $ | 21,556,500 | 94768 | ||||
| GRF | 725423 | Stream and Ground Water Gauging | $ | 175,000 | $ | 175,000 | 94769 | ||||
| GRF | 725456 | Canal Lands | $ | 300,000 | $ | 300,000 | 94770 | ||||
| GRF | 725502 | Soil and Water Districts | $ | 4,500,000 | $ | 900,000 | 94771 | ||||
| GRF | 725652 | Natural Resources Operations | $ | 4,886,947 | $ | 4,492,839 | 94772 | ||||
| GRF | 725903 | Natural Resources General Obligation Debt Service | $ | 26,334,400 | $ | 26,549,400 | 94773 | ||||
| GRF | 727321 | Division of Forestry | $ | 6,906,376 | $ | 6,906,376 | 94774 | ||||
| GRF | 728321 | Division of Geological Survey | $ | 1,550,000 | $ | 1,550,000 | 94775 | ||||
| GRF | 729321 | Office of Information Technology | $ | 350,000 | $ | 350,000 | 94776 | ||||
| GRF | 730321 | Division of Parks and Recreation | $ | 36,119,971 | $ | 36,119,971 | 94777 | ||||
| GRF | 736321 | Division of Engineering | $ | 3,000,000 | $ | 3,000,000 | 94778 | ||||
| GRF | 737321 | Division of Soil and Water Resources | $ | 6,628,562 | $ | 6,628,562 | 94779 | ||||
| GRF | 738321 | Division of Real Estate and Land Management | $ | 2,000,000 | $ | 2,000,000 | 94780 | ||||
| GRF | 741321 | Division of Natural Areas and Preserves | $ | 2,339,873 | $ | 2,333,981 | 94781 | ||||
| GRF | 744321 | Division of Mineral Resources Management | $ | 5,029,708 | $ | 4,152,364 | 94782 | ||||
| TOTAL GRF General Revenue Fund | $ | 123,838,237 | $ | 119,314,993 | 94783 | ||||||
| General Services Fund Group | 94784 |
| 1550 | 725601 | Departmental Projects | $ | 2,100,000 | $ | 2,100,000 | 94785 | ||||
| 1570 | 725651 | Central Support Indirect | $ | 6,000,000 | $ | 6,000,000 | 94786 | ||||
| 2040 | 725687 | Information Services | $ | 4,200,000 | $ | 4,400,448 | 94787 | ||||
| 2070 | 725690 | Real Estate Services | $ | 130,000 | $ | 132,000 | 94788 | ||||
| 2230 | 725665 | Law Enforcement Administration | $ | 2,062,410 | $ | 2,062,410 | 94789 | ||||
| 2270 | 725406 | Parks Projects Personnel | $ | 150,000 | $ | 150,000 | 94790 | ||||
| 4300 | 725671 | Canal Lands | $ | 916,541 | $ | 922,424 | 94791 | ||||
| 4D50 | 725618 | Recycled Materials | $ | 50,000 | $ | 50,000 | 94792 | ||||
| 4S90 | 725622 | NatureWorks Personnel | $ | 412,740 | $ | 412,740 | 94793 | ||||
| 4X80 | 725662 | Water Resources Council | $ | 138,900 | $ | 138,900 | 94794 | ||||
| 5080 | 725684 | Natural Resources Publications | $ | 150,000 | $ | 150,000 | 94795 | ||||
| 5100 | 725631 | Maintenance - State-owned Residences | $ | 258,919 | $ | 258,919 | 94796 | ||||
| 5160 | 725620 | Water Management | $ | 2,500,000 | $ | 2,500,000 | 94797 | ||||
| 6350 | 725664 | Fountain Square Facilities Management | $ | 3,500,000 | $ | 3,500,000 | 94798 | ||||
| 6970 | 725670 | Submerged Lands | $ | 772,011 | $ | 772,011 | 94799 | ||||
| TOTAL GSF General Services | 94800 | ||||||||||
| Fund Group | $ | 23,341,521 | $ | 23,549,852 | 94801 | ||||||
| Federal Special Revenue Fund Group | 94802 |
| 3320 | 725669 | Federal Mine Safety Grant | $ | 258,102 | $ | 258,102 | 94803 | ||||
| 3B30 | 725640 | Federal Forest Pass-Thru | $ | 600,000 | $ | 600,000 | 94804 | ||||
| 3B40 | 725641 | Federal Flood Pass-Thru | $ | 700,000 | $ | 700,000 | 94805 | ||||
| 3B50 | 725645 | Federal Abandoned Mine Lands | $ | 14,307,667 | $ | 14,307,667 | 94806 | ||||
| 3B60 | 725653 | Federal Land and Water Conservation Grants | $ | 2,000,000 | $ | 2,000,000 | 94807 | ||||
| 3B70 | 725654 | Reclamation - Regulatory | $ | 2,394,565 | $ | 2,388,775 | 94808 | ||||
| 3P00 | 725630 | Natural Areas and Preserves - Federal | $ | 215,000 | $ | 215,000 | 94809 | ||||
| 3P10 | 725632 | Geological Survey - Federal | $ | 689,506 | $ | 692,401 | 94810 | ||||
| 3P20 | 725642 | Oil and Gas-Federal | $ | 231,456 | $ | 234,509 | 94811 | ||||
| 3P30 | 725650 | Coastal Management - Federal | $ | 1,711,237 | $ | 1,711,237 | 94812 | ||||
| 3P40 | 725660 | Federal - Soil and Water Resources | $ | 316,734 | $ | 316,734 | 94813 | ||||
| 3R50 | 725673 | Acid Mine Drainage Abatement/Treatment | $ | 2,025,001 | $ | 2,025,001 | 94814 | ||||
| 3Z50 | 725657 | Federal Recreation and Trails | $ | 1,850,000 | $ | 1,850,000 | 94815 | ||||
| TOTAL FED Federal Special Revenue | 94816 | ||||||||||
| Fund Group | $ | 27,299,268 | $ | 27,299,426 | 94817 | ||||||
| State Special Revenue Fund Group | 94818 |
| 4J20 | 725628 | Injection Well Review | $ | 68,933 | $ | 68,933 | 94819 | ||||
| 4M70 | 725686 | Wildfire Suppression | $ | 75,000 | $ | 75,000 | 94820 | ||||
| 4U60 | 725668 | Scenic Rivers Protection | $ | 100,000 | $ | 100,000 | 94821 | ||||
| 5090 | 725602 | State Forest | $ | 6,000,000 | $ | 6,000,000 | 94822 | ||||
| 5110 | 725646 | Ohio Geological Mapping | $ | 724,310 | $ | 723,515 | 94823 | ||||
| 5120 | 725605 | State Parks Operations | $ | 29,885,528 | $ | 29,885,528 | 94824 | ||||
| 5140 | 725606 | Lake Erie Shoreline | $ | 757,113 | $ | 757,113 | 94825 | ||||
| 5180 | 725643 | Oil and Gas Permit Fees | $ | 2,574,378 | $ | 2,574,378 | 94826 | ||||
| 5180 | 725677 | Oil and Gas Well Plugging | $ | 800,000 | $ | 800,000 | 94827 | ||||
| 5210 | 725627 | Off-Road Vehicle Trails | $ | 143,490 | $ | 143,490 | 94828 | ||||
| 5220 | 725656 | Natural Areas and Preserves | $ | 1,400,000 | $ | 1,400,000 | 94829 | ||||
| 5260 | 725610 | Strip Mining Administration Fee | $ | 1,932,491 | $ | 1,932,491 | 94830 | ||||
| 5270 | 725637 | Surface Mining Administration | $ | 1,946,591 | $ | 1,946,591 | 94831 | ||||
| 5290 | 725639 | Unreclaimed Land Fund | $ | 2,021,713 | $ | 2,023,831 | 94832 | ||||
| 5310 | 725648 | Reclamation Forfeiture | $ | 1,500,000 | $ | 1,500,000 | 94833 | ||||
| 5320 | 725644 | Litter Control and Recycling | $ | 6,280,681 | $ | 6,280,681 | 94834 | ||||
| 5860 | 725633 | Scrap Tire Program | $ | 1,000,000 | $ | 1,000,000 | 94835 | ||||
| 5B30 | 725674 | Mining Regulation | 28,850 | 28,850 | 94836 | ||||||
| 5BV0 | 725658 | Heidelberg Water Quality Lab | $ | 250,000 | $ | 250,000 | 94837 | ||||
| 5BV0 | 725683 | Soil and Water Districts | $ | 10,875,577 | $ | 15,104,906 | 94838 | ||||
| 5CU0 | 725647 | Mine Safety | $ | 3,053,843 | $ | 3,199,923 | 94839 | ||||
| 5EJ0 | 725608 | Forestry Law Enforcement | $ | 1,000 | $ | 1,000 | 94840 | ||||
| 5EK0 | 725611 | Natural Areas & Preserves Law Enforcement | $ | 1,000 | $ | 1,000 | 94841 | ||||
| 5EL0 | 725612 | Wildlife Law Enforcement | $ | 12,000 | $ | 12,000 | 94842 | ||||
| 5EM0 | 725613 | Park Law Enforcement | $ | 34,000 | $ | 34,000 | 94843 | ||||
| 5EN0 | 725614 | Watercraft Law Enforcement | $ | 2,500 | $ | 2,500 | 94844 | ||||
| 6150 | 725661 | Dam Safety | $ | 807,403 | $ | 807,403 | 94845 | ||||
| TOTAL SSR State Special Revenue | 94846 | ||||||||||
| Fund Group | $ | 72,276,401 | $ | 76,653,133 | 94847 | ||||||
| Clean Ohio Conservation Fund Group | 94848 |
| 7061 | 725405 | Clean Ohio Operating | $ | 310,000 | $ | 310,000 | 94849 | ||||
| TOTAL CLF Clean Ohio Conservation Fund Group | $ | 310,000 | $ | 310,000 | 94850 | ||||||
| Wildlife Fund Group | 94851 |
| 5P20 | 725634 | Wildlife Boater Angler Administration | $ | 2,000,000 | $ | 2,000,000 | 94852 | ||||
| 7015 | 740401 | Division of Wildlife Conservation | $ | 58,614,436 | $ | 54,906,000 | 94853 | ||||
| 8150 | 725636 | Cooperative Management Projects | $ | 120,449 | $ | 120,449 | 94854 | ||||
| 8160 | 725649 | Wetlands Habitat | $ | 966,885 | $ | 966,885 | 94855 | ||||
| 8170 | 725655 | Wildlife Conservation Checkoff Fund | $ | 2,800,000 | $ | 2,800,000 | 94856 | ||||
| 8180 | 725629 | Cooperative Fisheries Research | $ | 1,500,000 | $ | 1,500,000 | 94857 | ||||
| 8190 | 725685 | Ohio River Management | $ | 128,584 | $ | 128,584 | 94858 | ||||
| TOTAL WLF Wildlife Fund Group | $ | 66,130,354 | $ | 62,421,918 | 94859 | ||||||
| Waterways Safety Fund Group | 94860 |
| 7086 | 725414 | Waterways Improvement | $ | 4,265,575 | $ | 4,265,575 | 94861 | ||||
| 7086 | 725418 | Buoy Placement | $ | 52,182 | $ | 52,182 | 94862 | ||||
| 7086 | 725501 | Waterway Safety Grants | $ | 137,867 | $ | 137,867 | 94863 | ||||
| 7086 | 725506 | Watercraft Marine Patrol | $ | 576,153 | $ | 576,153 | 94864 | ||||
| 7086 | 725513 | Watercraft Educational Grants | $ | 366,643 | $ | 366,643 | 94865 | ||||
| 7086 | 739401 | Division of Watercraft | $ | 19,784,181 | $ | 19,784,181 | 94866 | ||||
| TOTAL WSF Waterways Safety Fund | 94867 | ||||||||||
| Group | $ | 25,182,601 | $ | 25,182,601 | 94868 | ||||||
| Accrued Leave Liability Fund Group | 94869 |
| 4M80 | 725675 | FOP Contract | $ | 20,844 | $ | 20,844 | 94870 | ||||
| TOTAL ALF Accrued Leave | 94871 | ||||||||||
| Liability Fund Group | $ | 20,844 | $ | 20,844 | 94872 | ||||||
| Holding Account Redistribution Fund Group | 94873 |
| R017 | 725659 | Performance Cash Bond Refunds | $ | 296,263 | $ | 296,263 | 94874 | ||||
| R043 | 725624 | Forestry | $ | 2,000,000 | $ | 2,000,000 | 94875 | ||||
| TOTAL 090 Holding Account | 94876 | ||||||||||
| Redistribution Fund Group | $ | 2,296,263 | $ | 2,296,263 | 94877 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 340,695,489 | $ | 337,049,030 | 94878 | ||||||
| Section 343.20. CENTRAL SUPPORT INDIRECT | 94880 |
| With the exception of the Division of Wildlife, whose direct | 94881 |
| and indirect central support charges shall be paid out of the | 94882 |
| General Revenue Fund from the foregoing appropriation item | 94883 |
| 725401, Wildlife-GRF Central Support, the Department of Natural | 94884 |
| Resources, with approval of the Director of Budget and Management, | 94885 |
| shall utilize a methodology for determining each division's | 94886 |
| payments into the Central Support Indirect Fund (Fund 1570). The | 94887 |
| methodology used shall contain the characteristics of | 94888 |
| administrative ease and uniform application in compliance with | 94889 |
| federal grant requirements. It may include direct cost charges for | 94890 |
| specific services provided. Payments to Fund 1570 shall be made | 94891 |
| using an intrastate transfer voucher. | 94892 |
| Section 343.20.10. FEDERAL ECONOMIC STIMULUS/RECOVERY FUNDS | 94893 |
| The foregoing appropriation item 725652, Natural Resources | 94894 |
| Operations, shall be used to support services of the Department | 94895 |
| of Natural Resources consistent with funds received from the | 94896 |
| federal government for fiscal stabilization and recovery | 94897 |
| purposes. Such services shall include the improvement of | 94898 |
| facilities at state parks. | 94899 |
| Section 343.20.20. WELL LOG FILING FEES | 94900 |
| The Chief of the Division of Water shall deposit fees | 94901 |
| forwarded to the Division pursuant to section 1521.05 of the | 94902 |
| Revised Code into the Departmental Services – Intrastate Fund | 94903 |
| (Fund 1550) for the purposes described in that section. | 94904 |
| Section 343.30. LEASE RENTAL PAYMENTS | 94905 |
| The foregoing appropriation item 725413, Lease Rental | 94906 |
| Payments, shall be used to meet all payments at the times they are | 94907 |
| required to be made during the period from July 1, 2009, to June | 94908 |
| 30, 2011, by the Department of Natural Resources pursuant to | 94909 |
| leases and agreements made under section 154.22 of the Revised | 94910 |
| Code. These appropriations are the source of funds pledged for | 94911 |
| bond service charges or obligations issued pursuant to Chapter | 94912 |
| 154. of the Revised Code. | 94913 |
| CANAL LANDS | 94914 |
| The foregoing appropriation item 725456, Canal Lands, shall | 94915 |
| be used to transfer funds to the Canal Lands Fund (Fund 4300) to | 94916 |
| provide operating expenses for the State Canal Lands Program. The | 94917 |
| transfer shall be made using an intrastate transfer voucher and | 94918 |
| shall be subject to the approval of the Director of Budget and | 94919 |
| Management. | 94920 |
| NATURAL RESOURCES GENERAL OBLIGATION DEBT SERVICE | 94921 |
| The foregoing appropriation item 725903, Natural Resources | 94922 |
| General Obligation Debt Service, shall be used to pay all debt | 94923 |
| service and related financing costs during the period July 1, | 94924 |
| 2009, to June 30, 2011, on obligations issued under sections | 94925 |
| 151.01 and 151.05 of the Revised Code. | 94926 |
| Section 343.30.10. FOUNTAIN SQUARE | 94927 |
| The foregoing appropriation item 725664, Fountain Square | 94928 |
| Facilities Management, shall be used for payment of repairs, | 94929 |
| renovation, utilities, property management, and building | 94930 |
| maintenance expenses for the Fountain Square complex. Cash | 94931 |
| transferred by intrastate transfer vouchers from various | 94932 |
| department funds and rental income received by the Department of | 94933 |
| Natural Resources shall be deposited into the Fountain Square | 94934 |
| Facilities Management Fund (Fund 6350). | 94935 |
| Section 343.40. SOIL AND WATER DISTRICTS | 94936 |
| In addition to state payments to soil and water conservation | 94937 |
| districts authorized by section 1515.10 of the Revised Code, the | 94938 |
| Department of Natural Resources may use appropriation item 725502, | 94939 |
| Soil and Water Districts, to pay any soil and water conservation | 94940 |
| district an annual amount not to exceed $30,000, upon receipt of | 94941 |
| a request and justification from the district and approval by the | 94942 |
| Ohio Soil and Water Conservation Commission. The county auditor | 94943 |
| shall credit the payments to the special fund established under | 94944 |
| section 1515.10 of the Revised Code for the local soil and water | 94945 |
| conservation district. Moneys received by each district shall be | 94946 |
| expended for the purposes of the district. | 94947 |
| The foregoing appropriation item 725683, Soil and Water | 94948 |
| Districts, shall be expended for the purposes described above, | 94949 |
| except that the funding source for this appropriation shall be | 94950 |
| fees applied on the disposal of construction and demolition | 94951 |
| debris and municipal solid waste as provided in section 1515.14 of | 94952 |
| the Revised Code. | 94953 |
| OIL AND GAS WELL PLUGGING | 94954 |
| The foregoing appropriation item 725677, Oil and Gas Well | 94955 |
| Plugging, shall be used exclusively for the purposes of plugging | 94956 |
| wells and to properly restore the land surface of idle and orphan | 94957 |
| oil and gas wells pursuant to section 1509.071 of the Revised | 94958 |
| Code. No funds from the appropriation item shall be used for | 94959 |
| salaries, maintenance, equipment, or other administrative | 94960 |
| purposes, except for those costs directly attributed to the | 94961 |
| plugging of an idle or orphan well. This appropriation item shall | 94962 |
| not be used to transfer cash to any other fund or appropriation | 94963 |
| item. | 94964 |
| LITTER CONTROL AND RECYCLING | 94965 |
| Of the foregoing appropriation item 725644, Litter Control | 94966 |
| and Recycling, up to $1,500,000 may be used in each fiscal year | 94967 |
| for the administration of the Recycling and Litter Prevention | 94968 |
| Program. | 94969 |
| Section 343.40.10. CLEAN OHIO OPERATING EXPENSES | 94970 |
| The foregoing appropriation item 725405, Clean Ohio | 94971 |
| Operating, shall be used by the Department of Natural Resources in | 94972 |
| administering section 1519.05 of the Revised Code. | 94973 |
| Section 343.50. WATERCRAFT MARINE PATROL | 94974 |
| Of the foregoing appropriation item 739401, Division of | 94975 |
| Watercraft, up to $200,000 in each fiscal year shall be expended | 94976 |
| for the purchase of equipment for marine patrols qualifying for | 94977 |
| funding from the Department of Natural Resources pursuant to | 94978 |
| section 1547.67 of the Revised Code. Proposals for equipment shall | 94979 |
| accompany the submission of documentation for receipt of a marine | 94980 |
| patrol subsidy pursuant to section 1547.67 of the Revised Code and | 94981 |
| shall be loaned to eligible marine patrols pursuant to a | 94982 |
| cooperative agreement between the Department of Natural Resources | 94983 |
| and the eligible marine patrol. | 94984 |
| Section 343.60. PARKS CAPITAL EXPENSES FUND | 94985 |
| The Director of Natural Resources shall submit to the | 94986 |
| Director of Budget and Management the estimated design, | 94987 |
| engineering, and planning costs of capital-related work to be done | 94988 |
| by Department of Natural Resources staff for parks projects. If | 94989 |
| the Director of Budget and Management approves the estimated | 94990 |
| costs, the Director may release appropriations from appropriation | 94991 |
| item C725E6, Project Planning, in the Parks and Recreation | 94992 |
| Improvement Fund (Fund 7035), for those purposes. Upon release of | 94993 |
| the appropriations, the Department of Natural Resources shall pay | 94994 |
| for these expenses from the Parks Capital Expenses Fund (Fund | 94995 |
| 2270). Expenses paid from Fund 2270 shall be reimbursed by Fund | 94996 |
| 7035 using an intrastate transfer voucher. | 94997 |
| NATUREWORKS CAPITAL EXPENSES FUND | 94998 |
| The Department of Natural Resources shall periodically | 94999 |
| prepare and submit to the Director of Budget and Management the | 95000 |
| estimated design, planning, and engineering costs of | 95001 |
| capital-related work to be done by Department of Natural Resources | 95002 |
| staff for each capital improvement project within the Ohio Parks | 95003 |
| and Natural Resources Fund (Fund 7031). If the Director of Budget | 95004 |
| and Management approves the estimated costs, the Director may | 95005 |
| release appropriations from appropriation item C725E5, Project | 95006 |
| Planning, in fund 7031, for those purposes. Upon release of the | 95007 |
| appropriations, the Department of Natural Resources shall pay for | 95008 |
| these expenses from the Capital Expenses Fund (Fund 4S90). | 95009 |
| Expenses paid from Fund 4S90 shall be reimbursed by Fund 7031 by | 95010 |
| using an intrastate transfer voucher. | 95011 |
| Section 345.10. NUR STATE BOARD OF NURSING | 95012 |
| General Services Fund Group | 95013 |
| 4K90 | 884609 | Operating Expenses | $ | 5,661,280 | $ | 5,661,280 | 95014 | ||||
| 5AC0 | 884602 | Nurse Education Grant Program | $ | 1,000,000 | $ | 1,000,000 | 95015 | ||||
| 5P80 | 884601 | Nursing Special Issues | $ | 5,000 | $ | 5,000 | 95016 | ||||
| TOTAL GSF General Services | 95017 | ||||||||||
| Fund Group | $ | 6,666,280 | $ | 6,666,280 | 95018 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 6,666,280 | $ | 6,666,280 | 95019 | ||||||
| NURSING SPECIAL ISSUES | 95020 |
| The foregoing appropriation item 884601, Nursing Special | 95021 |
| Issues (Fund 5P80), shall be used to pay the costs the Board of | 95022 |
| Nursing incurs in implementing section 4723.062 of the Revised | 95023 |
| Code. | 95024 |
| Section 347.10. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY, | 95025 |
| AND ATHLETIC TRAINERS BOARD | 95026 |
| General Services Fund Group | 95027 |
| 4K90 | 890609 | Operating Expenses | $ | 900,000 | $ | 900,000 | 95028 | ||||
| TOTAL GSF General Services Fund Group | $ | 900,000 | $ | 900,000 | 95029 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 900,000 | $ | 900,000 | 95030 | ||||||
| Section 348.10. OLA OHIOANA LIBRARY ASSOCIATION | 95032 |
| General Revenue Fund | 95033 |
| GRF | 355501 | Library Subsidy | $ | 125,000 | $ | 125,000 | 95034 | ||||
| TOTAL GRF General Revenue Fund | $ | 125,000 | $ | 125,000 | 95035 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 125,000 | $ | 125,000 | 95036 | ||||||
| Section 349.10. ODB OHIO OPTICAL DISPENSERS BOARD | 95038 |
| General Services Fund Group | 95039 |
| 4K90 | 894609 | Operating Expenses | $ | 316,664 | $ | 316,664 | 95040 | ||||
| TOTAL GSF General Services | 95041 | ||||||||||
| Fund Group | $ | 316,664 | $ | 316,664 | 95042 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 316,664 | $ | 316,664 | 95043 | ||||||
| Section 351.10. OPT STATE BOARD OF OPTOMETRY | 95045 |
| General Services Fund Group | 95046 |
| 4K90 | 885609 | Operating Expenses | $ | 325,185 | $ | 325,185 | 95047 | ||||
| TOTAL GSF General Services | 95048 | ||||||||||
| Fund Group | $ | 325,185 | $ | 325,185 | 95049 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 325,185 | $ | 325,185 | 95050 | ||||||
| Section 353.10. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS, | 95052 |
| AND PEDORTHICS | 95053 |
| General Services Fund Group | 95054 |
| 4K90 | 973609 | Operating Expenses | $ | 105,000 | $ | 105,000 | 95055 | ||||
| TOTAL GSF General Services | 95056 | ||||||||||
| Fund Group | $ | 105,000 | $ | 105,000 | 95057 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 105,000 | $ | 105,000 | 95058 | ||||||
| Section 355.10. UST PETROLEUM UNDERGROUND STORAGE TANK | 95059 |
| Agency Fund Group | 95060 |
| 6910 | 810632 | PUSTRCB Staff | $ | 1,050,000 | $ | 1,050,000 | 95061 | ||||
| TOTAL AGY Agency Fund Group | $ | 1,050,000 | $ | 1,050,000 | 95062 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,050,000 | $ | 1,050,000 | 95063 | ||||||
| Section 357.10. PRX STATE BOARD OF PHARMACY | 95065 |
| General Services Fund Group | 95066 |
| 4A50 | 887605 | Drug Law Enforcement | $ | 75,500 | $ | 75,500 | 95067 | ||||
| 4K90 | 887609 | Operating Expenses | $ | 5,000,000 | $ | 5,000,000 | 95068 | ||||
| TOTAL GSF General Services Fund Group | $ | 5,075,500 | $ | 5,075,500 | 95069 | ||||||
| Federal Special Revenue Fund Group | 95070 |
| 3BC0 | 887604 | Dangerous Drugs Database | $ | 493,164 | $ | 500,891 | 95071 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 493,164 | $ | 500,891 | 95072 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 5,568,664 | $ | 5,576,391 | 95073 | ||||||
| Section 359.10. PSY STATE BOARD OF PSYCHOLOGY | 95075 |
| General Services Fund Group | 95076 |
| 4K90 | 882609 | Operating Expenses | $ | 525,000 | $ | 525,000 | 95077 | ||||
| TOTAL GSF General Services | 95078 | ||||||||||
| Fund Group | $ | 525,000 | $ | 525,000 | 95079 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 525,000 | $ | 525,000 | 95080 | ||||||
| Section 361.10. PUB OHIO PUBLIC DEFENDER COMMISSION | 95082 |
| General Revenue Fund | 95083 |
| GRF | 019321 | Public Defender Administration | $ | 772,500 | $ | 612,600 | 95084 | ||||
| GRF | 019401 | State Legal Defense Services | $ | 4,377,500 | $ | 3,471,400 | 95085 | ||||
| GRF | 019403 | Multi-County: State Share | $ | 1,308,201 | $ | 1,456,835 | 95086 | ||||
| GRF | 019404 | Trumbull County - State Share | $ | 430,217 | $ | 467,727 | 95087 | ||||
| GRF | 019405 | Training Account | $ | 50,000 | $ | 50,000 | 95088 | ||||
| GRF | 019501 | County Reimbursement | $ | 22,767,720 | $ | 17,898,638 | 95089 | ||||
| TOTAL GRF General Revenue Fund | $ | 29,706,138 | $ | 23,957,200 | 95090 | ||||||
| General Services Fund Group | 95091 |
| 4070 | 019604 | County Representation | $ | 196,650 | $ | 207,143 | 95092 | ||||
| 4080 | 019605 | Client Payments | $ | 600,000 | $ | 600,000 | 95093 | ||||
| 5CX0 | 019617 | Civil Case Filing Fee | $ | 743,076 | $ | 772,121 | 95094 | ||||
| TOTAL GSF General Services | 95095 | ||||||||||
| Fund Group | $ | 1,539,726 | $ | 1,579,264 | 95096 | ||||||
| Federal Special Revenue Fund Group | 95097 |
| 3S80 | 019608 | Federal Representation | $ | 202,347 | $ | 212,303 | 95098 | ||||
| TOTAL FED Federal Special Revenue | 95099 | ||||||||||
| Fund Group | $ | 202,347 | $ | 212,303 | 95100 | ||||||
| State Special Revenue Fund Group | 95101 |
| 4C70 | 019601 | Multi-County: County Share | $ | 2,227,056 | $ | 2,384,210 | 95102 | ||||
| 4X70 | 019610 | Trumbull County - County Share | $ | 732,393 | $ | 765,467 | 95103 | ||||
| 5740 | 019606 | Civil Legal Aid | $ | 35,000,000 | $ | 35,000,000 | 95104 | ||||
| 5DY0 | 019618 | Indigent Defense Support - County Share | $ | 27,783,000 | $ | 37,044,000 | 95105 | ||||
| 5DY0 | 019619 | Indigent Defense Support Fund - State Office | $ | 3,087,000 | $ | 4,116,000 | 95106 | ||||
| TOTAL SSR State Special Revenue | 95107 | ||||||||||
| Fund Group | $ | 68,829,449 | $ | 79,309,677 | 95108 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 100,277,660 | $ | 105,058,444 | 95109 | ||||||
| INDIGENT DEFENSE OFFICE | 95110 |
| The foregoing appropriation items 019404, Trumbull County - | 95111 |
| State Share, and 019610, Trumbull County - County Share, shall be | 95112 |
| used to support an indigent defense office for Trumbull County. | 95113 |
| MULTI-COUNTY OFFICE | 95114 |
| The foregoing appropriation items 019403, Multi-County: State | 95115 |
| Share, and 019601, Multi-County: County Share, shall be used to | 95116 |
| support the Office of the Ohio Public Defender's Multi-County | 95117 |
| Branch Office Program. | 95118 |
| TRAINING ACCOUNT | 95119 |
| The foregoing appropriation item 019405, Training Account, | 95120 |
| shall be used by the Ohio Public Defender to provide legal | 95121 |
| training programs at no cost for private appointed counsel who | 95122 |
| represent at least one indigent defendant at no cost and for state | 95123 |
| and county public defenders and attorneys who contract with the | 95124 |
| Ohio Public Defender to provide indigent defense services. | 95125 |
| FEDERAL REPRESENTATION | 95126 |
| The foregoing appropriation item 019608, Federal | 95127 |
| Representation, shall be used to receive reimbursements from the | 95128 |
| federal courts when the Ohio Public Defender provides | 95129 |
| representation in federal court cases and to support | 95130 |
| representation in such cases. | 95131 |
| Section 363.10. PUC PUBLIC UTILITIES COMMISSION OF OHIO | 95132 |
| General Services Fund Group | 95133 |
| 5F60 | 870622 | Utility and Railroad Regulation | $ | 32,000,000 | $ | 32,000,000 | 95134 | ||||
| 5F60 | 870624 | NARUC/NRRI Subsidy | $ | 125,000 | $ | 125,000 | 95135 | ||||
| 5F60 | 870625 | Motor Transportation Regulation | $ | 6,071,829 | $ | 6,071,829 | 95136 | ||||
| 5Q50 | 870626 | Telecommunications Relay Service | $ | 5,000,000 | $ | 5,000,000 | 95137 | ||||
| TOTAL GSF General Services | 95138 | ||||||||||
| Fund Group | $ | 43,196,829 | $ | 43,196,829 | 95139 | ||||||
| Federal Special Revenue Fund Group | 95140 |
| 3330 | 870601 | Gas Pipeline Safety | $ | 597,959 | $ | 597,959 | 95141 | ||||
| 3500 | 870608 | Motor Carrier Safety | $ | 7,351,660 | $ | 7,351,660 | 95142 | ||||
| 3V30 | 870604 | Commercial Vehicle Information Systems/Networks | $ | 100,000 | $ | 100,000 | 95143 | ||||
| TOTAL FED Federal Special Revenue | 95144 | ||||||||||
| Fund Group | $ | 8,049,619 | $ | 8,049,619 | 95145 | ||||||
| State Special Revenue Fund Group | 95146 |
| 4A30 | 870614 | Grade Crossing Protection Devices-State | $ | 1,349,757 | $ | 1,349,757 | 95147 | ||||
| 4L80 | 870617 | Pipeline Safety-State | $ | 187,621 | $ | 187,621 | 95148 | ||||
| 4S60 | 870618 | Hazardous Material Registration | $ | 464,325 | $ | 464,325 | 95149 | ||||
| 4S60 | 870621 | Hazardous Materials Base State Registration | $ | 373,346 | $ | 373,346 | 95150 | ||||
| 4U80 | 870620 | Civil Forfeitures | $ | 235,744 | $ | 235,744 | 95151 | ||||
| 5600 | 870607 | Special Assessment | $ | 25,000 | $ | 25,000 | 95152 | ||||
| 5610 | 870606 | Power Siting Board | $ | 500,000 | $ | 500,000 | 95153 | ||||
| 5BP0 | 870623 | Wireless 9-1-1 Administration | $ | 34,417,000 | $ | 36,443,000 | 95154 | ||||
| 6380 | 870611 | Biofuels/Municipal Waste Technology | $ | 40,000 | $ | 40,000 | 95155 | ||||
| 6610 | 870612 | Hazardous Materials Transportation | $ | 900,000 | $ | 900,000 | 95156 | ||||
| TOTAL SSR State Special Revenue | 95157 | ||||||||||
| Fund Group | $ | 38,492,793 | $ | 40,518,793 | 95158 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 89,739,241 | $ | 91,765,241 | 95159 | ||||||
| Section 365.10. PWC PUBLIC WORKS COMMISSION | 95161 |
| General Revenue Fund | 95162 |
| GRF | 150904 | Conservation General Obligation Debt Service | $ | 20,711,100 | $ | 25,684,900 | 95163 | ||||
| GRF | 150907 | State Capital Improvements | $ | 148,331,900 | $ | 163,443,500 | 95164 | ||||
| General Obligation Debt Service | 95165 | ||||||||||
| TOTAL GRF General Revenue Fund | $ | 169,043,000 | $ | 189,128,400 | 95166 | ||||||
| Clean Ohio Conservation Fund Group | 95167 |
| 7056 | 150403 | Clean Ohio Operating Expenses | $ | 304,332 | $ | 311,509 | 95168 | ||||
| TOTAL 056 Clean Ohio Conservation Fund Group | $ | 304,332 | $ | 311,509 | 95169 | ||||||
| Local Infrastructure Improvements Fund Group | 95170 |
| 7039 | 150909 | Local Infrastructure Development | $ | 261,027 | $ | 269,555 | 95171 | ||||
| TOTAL LIF Local Infrastructure Improvements Fund Group | $ | 261,027 | $ | 269,555 | 95172 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 169,608,359 | $ | 189,709,464 | 95173 | ||||||
| CONSERVATION GENERAL OBLIGATION DEBT SERVICE | 95174 |
| The foregoing appropriation item 150904, Conservation General | 95175 |
| Obligation Debt Service, shall be used to pay all debt service and | 95176 |
| related financing costs during the period from July 1, 2009, | 95177 |
| through June 30, 2011, at the times they are required to be made | 95178 |
| for obligations issued under sections 151.01 and 151.09 of the | 95179 |
| Revised Code. | 95180 |
| STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE | 95181 |
| The foregoing appropriation item 150907, State Capital | 95182 |
| Improvements General Obligation Debt Service, shall be used to pay | 95183 |
| all debt service and related financing costs during the period | 95184 |
| from July 1, 2009, to June 30, 2011, at the times they are | 95185 |
| required to be made for obligations issued under sections 151.01 | 95186 |
| and 151.08 of the Revised Code. | 95187 |
| CLEAN OHIO OPERATING EXPENSES | 95188 |
| The foregoing appropriation item 150403, Clean Ohio | 95189 |
| Operating Expenses, shall be used by the Ohio Public Works | 95190 |
| Commission in administering sections 164.20 to 164.27 of the | 95191 |
| Revised Code. | 95192 |
| REIMBURSEMENT TO THE GENERAL REVENUE FUND | 95193 |
| (A) On or before July 15, 2011, the Director of the Public | 95194 |
| Works Commission shall certify to the Director of Budget and | 95195 |
| Management the following: | 95196 |
| (1) The total amount disbursed from appropriation item | 95197 |
| 700409, Farmland Preservation, during the FY 2010-FY 2011 | 95198 |
| biennium; and | 95199 |
| (2) The amount of interest earnings that have been credited | 95200 |
| to the Clean Ohio Conservation Fund (Fund 7056) that are in excess | 95201 |
| of the amount needed for other purposes as calculated by the | 95202 |
| Director of the Public Works Commission. | 95203 |
| (B) If the Director of Budget and Management determines under | 95204 |
| division (A)(2) of this section that there are excess interest | 95205 |
| earnings, the Director of Budget and Management shall, on or | 95206 |
| before July 15, 2011, transfer the excess interest earnings to the | 95207 |
| General Revenue Fund in an amount equal to the total amount | 95208 |
| disbursed under division (A)(1) of this section from the Clean | 95209 |
| Ohio Conservation Fund. | 95210 |
| Section 367.10. RAC STATE RACING COMMISSION | 95211 |
| State Special Revenue Fund Group | 95212 |
| 5620 | 875601 | Thoroughbred Race Fund | $ | 2,300,000 | $ | 2,300,000 | 95213 | ||||
| 5630 | 875602 | Standardbred Development Fund | $ | 1,900,000 | $ | 1,900,000 | 95214 | ||||
| 5640 | 875603 | Quarterhorse Development Fund | $ | 1,000 | $ | 1,000 | 95215 | ||||
| 5650 | 875604 | Racing Commission Operating | $ | 3,742,342 | $ | 3,758,818 | 95216 | ||||
| 5C40 | 875607 | Simulcast Horse Racing Purse | $ | 14,000,000 | $ | 14,000,000 | 95217 | ||||
| TOTAL SSR State Special Revenue | 95218 | ||||||||||
| Fund Group | $ | 21,943,342 | $ | 21,959,818 | 95219 | ||||||
| Holding Account Redistribution Fund Group | 95220 |
| R021 | 875605 | Bond Reimbursements | $ | 145,000 | $ | 145,000 | 95221 | ||||
| TOTAL 090 Holding Account Redistribution | 95222 | ||||||||||
| Fund Group | $ | 145,000 | $ | 145,000 | 95223 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 22,088,342 | $ | 22,104,818 | 95224 | ||||||
| Section 371.10. BOR BOARD OF REGENTS | 95226 |
| General Revenue Fund | 95227 |
| GRF | 235321 | Operating Expenses | $ | 2,195,852 | $ | 2,195,852 | 95228 | ||||
| GRF | 235401 | Lease Rental Payments | $ | 124,461,100 | $ | 107,897,100 | 95229 | ||||
| GRF | 235402 | Sea Grants | $ | 375,000 | $ | 375,000 | 95230 | ||||
| GRF | 235406 | Articulation and Transfer | $ | 2,000,000 | $ | 2,000,000 | 95231 | ||||
| GRF | 235408 | Midwest Higher Education Compact | $ | 95,000 | $ | 95,000 | 95232 | ||||
| GRF | 235409 | Information System | $ | 800,000 | $ | 800,000 | 95233 | ||||
| GRF | 235414 | State Grants and Scholarship Administration | $ | 1,000,000 | $ | 1,000,000 | 95234 | ||||
| GRF | 235417 | Ohio Learning Network | $ | 2,500,000 | $ | 2,500,000 | 95235 | ||||
| GRF | 235428 | Appalachian New Economy Partnership | $ | 981,887 | $ | 981,887 | 95236 | ||||
| GRF | 235434 | College Readiness and Access | $ | 2,500,000 | $ | 2,500,000 | 95237 | ||||
| GRF | 235438 | Choose Ohio First Scholarship | $ | 13,000,000 | $ | 16,000,000 | 95238 | ||||
| GRF | 235443 | Adult Basic and Literacy Education - State | $ | 7,528,264 | $ | 7,528,264 | 95239 | ||||
| GRF | 235444 | Post-Secondary Adult Career-Technical Education | $ | 14,791,288 | $ | 14,791,288 | 95240 | ||||
| GRF | 235474 | Area Health Education Centers Program Support | $ | 891,833 | $ | 891,833 | 95241 | ||||
| GRF | 235501 | State Share of Instruction | $ | 1,677,708,351 | $ | 1,689,554,971 | 95242 | ||||
| GRF | 235502 | Student Support Services | $ | 714,406 | $ | 714,406 | 95243 | ||||
| GRF | 235504 | War Orphans Scholarships | $ | 4,331,089 | $ | 4,331,089 | 95244 | ||||
| GRF | 235507 | OhioLINK | $ | 5,000,000 | $ | 5,000,000 | 95245 | ||||
| GRF | 235508 | Air Force Institute of Technology | $ | 1,000,000 | $ | 1,000,000 | 95246 | ||||
| GRF | 235510 | Ohio Supercomputer Center | $ | 3,000,000 | $ | 3,000,000 | 95247 | ||||
| GRF | 235511 | Cooperative Extension Service | $ | 23,518,608 | $ | 22,467,678 | 95248 | ||||
| GRF | 235513 | Ohio University Voinovich School | $ | 302,474 | $ | 302,474 | 95249 | ||||
| GRF | 235514 | Central State Supplement | $ | 10,898,195 | $ | 10,898,195 | 95250 | ||||
| GRF | 235515 | Case Western Reserve University School of Medicine | $ | 2,500,000 | $ | 2,500,000 | 95251 | ||||
| GRF | 235519 | Family Practice | $ | 3,840,127 | $ | 3,840,127 | 95252 | ||||
| GRF | 235520 | Shawnee State Supplement | $ | 2,319,654 | $ | 2,319,654 | 95253 | ||||
| GRF | 235521 | The Ohio State University John Glenn School of Public Affairs | $ | 257,474 | $ | 257,474 | 95254 | ||||
| GRF | 235524 | Police and Fire Protection | $ | 123,498 | $ | 123,498 | 95255 | ||||
| GRF | 235525 | Geriatric Medicine | $ | 633,294 | $ | 633,294 | 95256 | ||||
| GRF | 235526 | Primary Care Residencies | $ | 1,895,962 | $ | 1,895,962 | 95257 | ||||
| GRF | 235535 | Ohio Agricultural Research and Development Center | $ | 34,000,000 | $ | 34,000,000 | 95258 | ||||
| GRF | 235536 | The Ohio State University Clinical Teaching | $ | 11,727,036 | $ | 11,727,036 | 95259 | ||||
| GRF | 235537 | University of Cincinnati Clinical Teaching | $ | 9,645,328 | $ | 9,645,328 | 95260 | ||||
| GRF | 235538 | University of Toledo Clinical Teaching | $ | 7,518,011 | $ | 7,518,011 | 95261 | ||||
| GRF | 235539 | Wright State University Clinical Teaching | $ | 3,652,395 | $ | 3,652,395 | 95262 | ||||
| GRF | 235540 | Ohio University Clinical Teaching | $ | 3,530,882 | $ | 3,530,882 | 95263 | ||||
| GRF | 235541 | Northeastern Ohio Universities College of Medicine Clinical Teaching | $ | 3,631,508 | $ | 3,631,508 | 95264 | ||||
| GRF | 235552 | Capital Component | $ | 20,382,568 | $ | 20,382,568 | 95265 | ||||
| GRF | 235553 | Dayton Area Graduate Studies Institute | $ | 300,000 | $ | 300,000 | 95266 | ||||
| GRF | 235555 | Library Depositories | $ | 1,000,000 | $ | 1,000,000 | 95267 | ||||
| GRF | 235556 | Ohio Academic Resources Network | $ | 2,354,501 | $ | 2,354,501 | 95268 | ||||
| GRF | 235558 | Long-term Care Research | $ | 223,711 | $ | 223,711 | 95269 | ||||
| GRF | 235563 | Ohio College Opportunity Grant | $ | 190,000,000 | $ | 205,000,000 | 95270 | ||||
| GRF | 235567 | Central State University Speed to Scale | $ | 1,775,254 | $ | 0 | 95271 | ||||
| GRF | 235572 | The Ohio State University Clinic Support | $ | 929,591 | $ | 929,591 | 95272 | ||||
| GRF | 235579 | Bliss Institute | $ | 257,474 | $ | 257,474 | 95273 | ||||
| GRF | 235596 | Hazardous Materials Program | $ | 373,858 | $ | 373,858 | 95274 | ||||
| GRF | 235599 | National Guard Scholarship Program | $ | 14,912,271 | $ | 14,912,271 | 95275 | ||||
| GRF | 235644 | State Share of Instruction - Federal Stimulus - Education | $ | 309,874,026 | $ | 308,802,662 | 95276 | ||||
| GRF | 235646 | State Share of Instruction - Federal Stimulus - Government Services | $ | 87,955,700 | $ | 103,302,363 | 95277 | ||||
| GRF | 235909 | Higher Education General Obligation Debt Service | $ | 85,317,700 | $ | 89,480,300 | 95278 | ||||
| TOTAL GRF General Revenue Fund | $ | 2,700,525,170 | $ | 2,729,419,505 | 95279 | ||||||
| General Services Fund Group | 95280 |
| 2200 | 235614 | Program Approval and Reauthorization | $ | 1,000,000 | $ | 1,000,000 | 95281 | ||||
| 4560 | 235603 | Sales and Services | $ | 200,000 | $ | 200,000 | 95282 | ||||
| TOTAL GSF General Services | 95283 | ||||||||||
| Fund Group | $ | 1,200,000 | $ | 1,200,000 | 95284 | ||||||
| Federal Special Revenue Fund Group | 95285 |
| 3120 | 235609 | Tech Prep | $ | 183,849 | $ | 183,849 | 95286 | ||||
| 3120 | 235611 | Gear-up Grant | $ | 3,900,000 | $ | 3,900,000 | 95287 | ||||
| 3120 | 235612 | Carl D. Perkins Grant/Plan Administration | $ | 912,961 | $ | 912,961 | 95288 | ||||
| 3120 | 235617 | Improving Teacher Quality Grant | $ | 3,200,000 | $ | 3,200,000 | 95289 | ||||
| 3120 | 235641 | Adult Basic Literacy Education - Federal | $ | 17,869,546 | $ | 17,869,546 | 95290 | ||||
| 3BE0 | 235636 | Adult Education and Family Literacy Act Incentive Grant | $ | 1,783,583 | $ | 1,783,583 | 95291 | ||||
| 3BG0 | 235626 | Star Schools | $ | 250,000 | $ | 0 | 95292 | ||||
| 3H20 | 235608 | Human Services Project | $ | 3,500,000 | $ | 3,500,000 | 95293 | ||||
| 3N60 | 235605 | State Student Incentive Grants | $ | 2,533,339 | $ | 2,533,339 | 95294 | ||||
| 3N60 | 235638 | College Access Challenge Grant | $ | 2,268,044 | $ | 2,268,044 | 95295 | ||||
| TOTAL FED Federal Special Revenue | 95296 | ||||||||||
| Fund Group | $ | 36,401,322 | $ | 36,151,322 | 95297 | ||||||
| State Special Revenue Fund Group | 95298 |
| 4E80 | 235602 | Higher Educational Facility Commission Administration | $ | 30,000 | $ | 30,000 | 95299 | ||||
| 6490 | 235607 | The Ohio State University Highway/Transportation Research | $ | 500,000 | $ | 500,000 | 95300 | ||||
| 6820 | 235606 | Nursing Loan Program | $ | 893,000 | $ | 893,000 | 95301 | ||||
| TOTAL SSR State Special Revenue | 95302 | ||||||||||
| Fund Group | $ | 1,423,000 | $ | 1,423,000 | 95303 | ||||||
| Third Frontier Research & Development Fund Group | 95304 |
| 7011 | 235634 | Research Incentive Third Frontier Fund | $ | 8,000,000 | $ | 8,000,000 | 95305 | ||||
| TOTAL 011 Third Frontier Research & Development Fund Group | $ | 8,000,000 | $ | 8,000,000 | 95306 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 2,747,549,492 | $ | 2,776,193,827 | 95307 | ||||||
| Section 371.10.10. LEASE RENTAL PAYMENTS | 95309 |
| The foregoing appropriation item 235401, Lease Rental | 95310 |
| Payments, shall be used to meet all payments at the times they are | 95311 |
| required to be made during the period from July 1, 2009, to June | 95312 |
| 30, 2011, by the Chancellor of the Board of Regents under leases | 95313 |
| and agreements made under section 154.21 of the Revised Code. | 95314 |
| These appropriations are the source of funds pledged for bond | 95315 |
| service charges or obligations issued pursuant to Chapter 154. of | 95316 |
| the Revised Code. | 95317 |
| Section 371.10.15. SEA GRANTS | 95318 |
| The foregoing appropriation item 235402, Sea Grants, shall be | 95319 |
| disbursed to The Ohio State University and shall be used to | 95320 |
| conduct research on fish in Lake Erie. | 95321 |
| Section 371.10.20. ARTICULATION AND TRANSFER | 95322 |
| The foregoing appropriation item 235406, Articulation and | 95323 |
| Transfer, shall be used by the Chancellor of the Board of Regents | 95324 |
| to maintain and expand the work of the Articulation and Transfer | 95325 |
| Council to develop a system of transfer policies to ensure that | 95326 |
| students at state institutions of higher education can transfer | 95327 |
| and have coursework apply to their majors and degrees at any | 95328 |
| other state institution of higher education without unnecessary | 95329 |
| duplication or institutional barriers under sections 3333.16, | 95330 |
| 3333.161, and 3333.162 of the Revised Code. | 95331 |
| Section 371.10.30. MIDWEST HIGHER EDUCATION COMPACT | 95332 |
| The foregoing appropriation item 235408, Midwest Higher | 95333 |
| Education Compact, shall be distributed by the Chancellor of the | 95334 |
| Board of Regents under section 3333.40 of the Revised Code. | 95335 |
| Section 371.10.40. INFORMATION SYSTEM | 95336 |
| The foregoing appropriation item 235409, Information System, | 95337 |
| shall be used by the Chancellor of the Board of Regents to support | 95338 |
| the development and implementation of information technology | 95339 |
| solutions designed to improve the performance and services of the | 95340 |
| Chancellor of the Board of Regents and the University System of | 95341 |
| Ohio. Information technology solutions shall be provided by the | 95342 |
| Ohio Academic Research Network (OARnet). | 95343 |
| Section 371.10.50. STATE GRANTS AND SCHOLARSHIP | 95344 |
| ADMINISTRATION | 95345 |
| The foregoing appropriation item 235414, State Grants and | 95346 |
| Scholarship Administration, shall be used by the Chancellor of the | 95347 |
| Board of Regents to administer the following student financial | 95348 |
| aid programs: Ohio College Opportunity Grant, Ohio War Orphans' | 95349 |
| Scholarship, Nurse Education Assistance Loan Program, Ohio Safety | 95350 |
| Officers College Memorial Fund, and any other student financial | 95351 |
| aid programs created by the General Assembly. The appropriation | 95352 |
| item also shall be used to administer the federal Leveraging | 95353 |
| Educational Assistance Partnership (LEAP) program, Special | 95354 |
| Leveraging Educational Assistance Partnership (SLEAP) program, | 95355 |
| the federal College Access Challenge Grant (CACG), and other | 95356 |
| student financial aid programs created by Congress and to | 95357 |
| provide fiscal services for the Ohio National Guard Scholarship | 95358 |
| Program. | 95359 |
| Section 371.10.70. OHIO LEARNING NETWORK | 95360 |
| The foregoing appropriation item 235417, Ohio Learning | 95361 |
| Network, shall be used by the Chancellor of the Board of Regents | 95362 |
| to support the continued implementation of the Ohio Learning | 95363 |
| Network, a consortium organized under division (U) of section | 95364 |
| 3333.04 of the Revised Code to expand access to adult and higher | 95365 |
| education opportunities through technology. The funds shall be | 95366 |
| used by the Ohio Learning Network to develop and promote learning | 95367 |
| and assessment through the use of technology, to test and provide | 95368 |
| advice on emerging learning-directed technologies, and to | 95369 |
| facilitate cost-effectiveness through shared educational | 95370 |
| technology investments. | 95371 |
| Section 371.10.80. APPALACHIAN NEW ECONOMY PARTNERSHIP | 95372 |
| The foregoing appropriation item 235428, Appalachian New | 95373 |
| Economy Partnership, shall be distributed to Ohio University to | 95374 |
| continue a multi-campus and multi-agency coordinated effort to | 95375 |
| link Appalachia to the new economy. Ohio University shall use | 95376 |
| these funds to provide leadership in the development and | 95377 |
| implementation of initiatives in the areas of entrepreneurship, | 95378 |
| management, education, and technology. | 95379 |
| Section 371.20.06. COLLEGE READINESS AND ACCESS | 95380 |
| Of the foregoing appropriation item 235434, College | 95381 |
| Readiness and Access, $2,500,000 in each fiscal year shall be used | 95382 |
| to support existing early college high schools, which are small, | 95383 |
| autonomous schools that blend high school and college into a | 95384 |
| coherent educational program for those not traditionally | 95385 |
| college-bound. The funds shall be distributed according to | 95386 |
| guidelines established by the Department of Education and the | 95387 |
| Chancellor of the Board of Regents. | 95388 |
| Section 371.20.10. CHOOSE OHIO FIRST SCHOLARSHIP | 95389 |
| The foregoing appropriation item 235438, Choose Ohio First | 95390 |
| Scholarship, shall be used to operate the program prescribed in | 95391 |
| sections 3333.60 to 3333.70 of the Revised Code. Amounts | 95392 |
| disbursed to institutions shall be paid on a reimbursement basis. | 95393 |
| An amount equal to the unexpended, unencumbered portion of | 95394 |
| the foregoing appropriation item 235438, Choose Ohio First | 95395 |
| Scholarship, at the end of fiscal year 2010 is hereby | 95396 |
| reappropriated to the Board of Regents for the same purpose for | 95397 |
| fiscal year 2011. | 95398 |
| Section 371.20.30. ADULT BASIC AND LITERACY EDUCATION | 95399 |
| Except as provided in the Sections of this act entitled | 95400 |
| "Statewide Workforce Development Initiatives" and "Fiscal Year | 95401 |
| 2011 Plan for Adult Workforce Training Programs", the foregoing | 95402 |
| appropriation item 235443, Adult Basic and Literacy Education - | 95403 |
| State, shall be used to support adult basic and literacy education | 95404 |
| instructional programs and for the operation of an adult basic and | 95405 |
| literacy education instructional grant program. The supported | 95406 |
| programs shall satisfy the state match and maintenance of effort | 95407 |
| requirements for the state-administered grant program. | 95408 |
| Of the foregoing appropriation item 235443, Adult Basic and | 95409 |
| Literacy Education - State, up to $507,558 in fiscal year 2010 | 95410 |
| shall be used for the support and operation of the State Literacy | 95411 |
| Resource Center Program. | 95412 |
| On or before August 31, 2009, the Chancellor of the Board of | 95413 |
| Regents shall submit a funding formula to the Controlling Board | 95414 |
| for the allocation of the foregoing appropriation item 235443, | 95415 |
| Adult Basic and Literacy Education - State, in fiscal year 2010. | 95416 |
| Section 371.20.40. POST-SECONDARY ADULT CAREER-TECHNICAL | 95417 |
| EDUCATION | 95418 |
| Except as provided in the Sections of this act entitled | 95419 |
| "Statewide Workforce Development Initiatives" and "Fiscal Year | 95420 |
| 2011 Plan for Adult Workforce Training Programs", the foregoing | 95421 |
| appropriation item 235444, Post-Secondary Adult Career-Technical | 95422 |
| Education, shall be used by the Chancellor of the Board of Regents | 95423 |
| in each fiscal year to provide post-secondary adult | 95424 |
| career-technical education under sections 3313.52 and 3313.53 of | 95425 |
| the Revised Code. | 95426 |
| On or before August 31, 2009, the Chancellor of the Board of | 95427 |
| Regents shall submit a funding formula to the Controlling Board | 95428 |
| for the allocation of funds in fiscal year 2010. | 95429 |
| Section 371.20.50. STATEWIDE WORKFORCE DEVELOPMENT | 95430 |
| INITIATIVES | 95431 |
| The Chancellor may identify amounts of the foregoing | 95432 |
| appropriation items 235443, Adult Basic and Literacy Education - | 95433 |
| State, and 235444, Post-Secondary Adult Career-Technical | 95434 |
| Education, to be used to support the Ohio Skills Bank Program and | 95435 |
| the Stackable Certificates Program. The Ohio Skills Bank Program | 95436 |
| seeks to align the education of Ohio's workforce with industry | 95437 |
| needs. The Stackable Certificates Program consists of | 95438 |
| competency-based, low-cost, noncredit and credit-bearing modules | 95439 |
| and courses in communications, mathematics, information | 95440 |
| technology, and other fields selected by the Chancellor. The | 95441 |
| program culminates in a certificate and provides recipients with | 95442 |
| a foundation for additional post-secondary education. | 95443 |
| Section 371.20.60. FISCAL YEAR 2011 PLAN FOR ADULT WORKFORCE | 95444 |
| TRAINING PROGRAMS | 95445 |
| Notwithstanding the Sections of this act entitled "Adult | 95446 |
| Basic and Literacy Education," and "Post-Secondary Adult | 95447 |
| Career-Technical Education," not later than June 1, 2010, the | 95448 |
| Chancellor of the Board of Regents shall submit for approval of | 95449 |
| the Controlling Board a plan for the integration of funding | 95450 |
| support for the state's adult workforce training and development | 95451 |
| programs, beginning in fiscal year 2011. Funding support in the | 95452 |
| plan shall include appropriation items 235443, Adult Basic and | 95453 |
| Literacy Education - State, and 235444, Post-Secondary Adult | 95454 |
| Career-Technical Education. | 95455 |
| The plan shall clearly define the formulas, or competitive | 95456 |
| process, to be used for funding the activities of adult basic and | 95457 |
| literacy education program providers, state literacy resource | 95458 |
| centers, post-secondary adult career-technical education | 95459 |
| providers, and community colleges. The plan may propose the | 95460 |
| creation of new appropriation items as necessary to support its | 95461 |
| implementation. | 95462 |
| Section 371.20.70. AREA HEALTH EDUCATION CENTERS | 95463 |
| The foregoing appropriation item 235474, Area Health | 95464 |
| Education Centers Program Support, shall be used by the Chancellor | 95465 |
| of the Board of Regents to support the medical school regional | 95466 |
| area health education centers' educational programs for the | 95467 |
| continued support of medical and other health professions | 95468 |
| education and for support of the Area Health Education Center | 95469 |
| Program. | 95470 |
| Section 371.20.80. STATE SHARE OF INSTRUCTION FORMULAS | 95471 |
| The Chancellor of the Board of Regents shall establish | 95472 |
| procedures to allocate the foregoing appropriation items 235501, | 95473 |
| State Share of Instruction, 235644, State Share of Instruction - | 95474 |
| Federal Stimulus - Education, and 235646, State Share of | 95475 |
| Instruction - Federal Stimulus - Government Services, based on the | 95476 |
| formulas, enrollment, course completion, degree attainment, and | 95477 |
| student access factors in the instructional models set out in | 95478 |
| this section. | 95479 |
| The foregoing appropriation items 235501, State Share of | 95480 |
| Instruction, 235644, State Share of Instruction – Federal Stimulus | 95481 |
| – Education, and 235646, State Share of Instruction – Federal | 95482 |
| Stimulus – Government Services, shall be combined for the purposes | 95483 |
| of allocating the state share of instruction subsidy. | 95484 |
| (A) FULL-TIME EQUIVALENT (FTE) ENROLLMENTS AND COMPLETIONS | 95485 |
| (1) As soon as possible during each fiscal year of the | 95486 |
| biennium ending June 30, 2011, in accordance with instructions of | 95487 |
| the Board of Regents, each state-assisted institution of higher | 95488 |
| education shall report its actual enrollment, consistent with the | 95489 |
| definitions in the Higher Education Information (HEI) system's | 95490 |
| enrollment files, to the Chancellor of the Board of Regents. | 95491 |
| (2) In defining the number of full-time equivalent students | 95492 |
| for state subsidy purposes, the Chancellor of the Board of Regents | 95493 |
| shall exclude all undergraduate students who are not residents of | 95494 |
| Ohio, except those charged in-state fees in accordance with | 95495 |
| reciprocity agreements made under section 3333.17 of the Revised | 95496 |
| Code or employer contracts entered into under section 3333.32 of | 95497 |
| the Revised Code. | 95498 |
| (3) In calculating the core subsidy entitlements for | 95499 |
| university branch and main campuses, the Chancellor of the Board | 95500 |
| of Regents shall use the following count of FTE students: | 95501 |
| (a) The subsidy eligible enrollments by model shall equal | 95502 |
| only those FTE students who successfully complete the course as | 95503 |
| defined and reported through the Higher Education Information | 95504 |
| (HEI) system course enrollment file; | 95505 |
| (b) For those FTE students with successful course | 95506 |
| completions, identified in division (3)(a) of this section, | 95507 |
| completions that were achieved by a student that was eligible to | 95508 |
| receive Ohio need-based financial aid shall have their enrollments | 95509 |
| weighted by the following: | 95510 |
| (i) Campus-specific course completion rates by discipline | 95511 |
| area and level; and | 95512 |
| (ii) A statewide average OIG/OCOG course completion weight | 95513 |
| determined for each discipline area and level. The statewide | 95514 |
| average OIG/OCOG course completion weight shall be determined by | 95515 |
| calculating the difference between the percentage of traditional | 95516 |
| students who complete a course and the percentage of Ohio | 95517 |
| Instructional Grant and Ohio College Opportunity Grant recipients | 95518 |
| who complete the same course. | 95519 |
| (4) In calculating the core subsidy entitlements for Medical | 95520 |
| II models only, the Board of Regents shall use the following count | 95521 |
| of FTE students: | 95522 |
| (a) For those medical schools whose current year enrollment, | 95523 |
| including students repeating terms, is below the base enrollment, | 95524 |
| the Medical II FTE enrollment shall equal: 65 per cent of the base | 95525 |
| enrollment plus 35 per cent of the current year enrollment | 95526 |
| including students repeating terms, where the base enrollment is: | 95527 |
| The Ohio State University | 1010 | 95528 | |||
| University of Cincinnati | 833 | 95529 | |||
| University of Toledo | 650 | 95530 | |||
| Wright State University | 433 | 95531 | |||
| Ohio University | 433 | 95532 | |||
| Northeastern Ohio Universities College of Medicine | 433 | 95533 |
| (b) For those medical schools whose current year enrollment, | 95534 |
| excluding students repeating terms, is equal to or greater than | 95535 |
| the base enrollment, the Medical II FTE enrollment shall equal the | 95536 |
| base enrollment plus the FTE for repeating students. | 95537 |
| (c) Students repeating terms may be no more than five per | 95538 |
| cent of current year enrollment. | 95539 |
| (5) The state share of instruction to state-supported | 95540 |
| universities for students enrolled in law schools in fiscal year | 95541 |
| 2010 and fiscal year 2011 shall be calculated by using the number | 95542 |
| of subsidy-eligible FTE law school students funded by state | 95543 |
| subsidy in fiscal year 1995 or the actual number of | 95544 |
| subsidy-eligible FTE law school students at the institution in the | 95545 |
| fiscal year, whichever is less. | 95546 |
| (B) TOTAL COSTS PER FULL-TIME EQUIVALENT STUDENT | 95547 |
| For purposes of calculating state share of instruction | 95548 |
| allocations, the total instructional costs per full-time | 95549 |
| equivalent student shall be: | 95550 |
| Model | Fiscal Year 2010 | Fiscal Year 2011 | 95551 | |
| ARTS AND HUMANITIES 1 | $7,658 | $7,891 | 95552 | |
| ARTS AND HUMANITIES 2 | $10,117 | $10,425 | 95553 | |
| ARTS AND HUMANITIES 3 | $13,067 | $13,464 | 95554 | |
| ARTS AND HUMANITIES 4 | $19,194 | $19,778 | 95555 | |
| ARTS AND HUMANITIES 5 | $29,994 | $30,906 | 95556 | |
| ARTS AND HUMANITIES 6 | $35,991 | $37,085 | 95557 | |
| BUSINESS, EDUCATION & SOCIAL SCIENCES 1 | $6,732 | $6,937 | 95558 | |
| BUSINESS, EDUCATION & SOCIAL SCIENCES 2 | $7,803 | $8,041 | 95559 | |
| BUSINESS, EDUCATION & SOCIAL SCIENCES 3 | $9,619 | $9,911 | 95560 | |
| BUSINESS, EDUCATION & SOCIAL SCIENCES 4 | $11,607 | $11,959 | 95561 | |
| BUSINESS, EDUCATION & SOCIAL SCIENCES 5 | $18,044 | $18,592 | 95562 | |
| BUSINESS, EDUCATION & SOCIAL SCIENCES 6 | $22,615 | $23,303 | 95563 | |
| BUSINESS, EDUCATION & SOCIAL SCIENCES 7 | $27,528 | $28,365 | 95564 | |
| MEDICAL 1 | $47,494 | $48,938 | 95565 | |
| MEDICAL 2 | $45,420 | $46,801 | 95566 | |
| SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1 | $6,943 | $7,154 | 95567 | |
| SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2 | $9,792 | $10,090 | 95568 | |
| SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3 | $11,963 | $12,327 | 95569 | |
| SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4 | $15,282 | $15,747 | 95570 | |
| SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5 | $19,471 | $20,063 | 95571 | |
| SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6 | $21,771 | $22,433 | 95572 | |
| SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7 | $27,906 | $28,755 | 95573 | |
| SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8 | $36,547 | $37,658 | 95574 | |
| SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9 | $51,283 | $52,842 | 95575 |
| Doctoral I and Doctoral II models shall be allocated in | 95576 |
| accordance with division (D)(2) of this section. | 95577 |
| (C) SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICAL, | 95578 |
| AND GRADUATE WEIGHTS | 95579 |
| For the purpose of implementing the recommendations of the | 95580 |
| State Share of Instruction Consultation and the Higher Education | 95581 |
| Funding Study Council that priority be given to maintaining state | 95582 |
| support for science, technology, engineering, mathematics, | 95583 |
| medicine, and graduate programs, the costs in division (B) of this | 95584 |
| section shall be weighted by the amounts provided below: | 95585 |
| Model | Fiscal Year 2010 | Fiscal Year 2011 | 95586 | |
| ARTS AND HUMANITIES 1 | 1.0000 | 1.0000 | 95587 | |
| ARTS AND HUMANITIES 2 | 1.0000 | 1.0000 | 95588 | |
| ARTS AND HUMANITIES 3 | 1.0000 | 1.0000 | 95589 | |
| ARTS AND HUMANITIES 4 | 1.0000 | 1.0000 | 95590 | |
| ARTS AND HUMANITIES 5 | 1.0425 | 1.0425 | 95591 | |
| ARTS AND HUMANITIES 6 | 1.0425 | 1.0425 | 95592 | |
| BUSINESS, EDUCATION & SOCIAL SCIENCES 1 | 1.0000 | 1.0000 | 95593 | |
| BUSINESS, EDUCATION & SOCIAL SCIENCES 2 | 1.0000 | 1.0000 | 95594 | |
| BUSINESS, EDUCATION & SOCIAL SCIENCES 3 | 1.0000 | 1.0000 | 95595 | |
| BUSINESS, EDUCATION & SOCIAL SCIENCES 4 | 1.0000 | 1.0000 | 95596 | |
| BUSINESS, EDUCATION & SOCIAL SCIENCES 5 | 1.0425 | 1.0425 | 95597 | |
| BUSINESS, EDUCATION & SOCIAL SCIENCES 6 | 1.0425 | 1.0425 | 95598 | |
| BUSINESS, EDUCATION & SOCIAL SCIENCES 7 | 1.0425 | 1.0425 | 95599 | |
| MEDICAL 1 | 1.6456 | 1.6456 | 95600 | |
| MEDICAL 2 | 1.7462 | 1.7462 | 95601 | |
| SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1 | 1.0000 | 1.0000 | 95602 | |
| SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2 | 1.0017 | 1.0017 | 95603 | |
| SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3 | 1.6150 | 1.6150 | 95604 | |
| SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4 | 1.6920 | 1.6920 | 95605 | |
| SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5 | 1.4222 | 1.4222 | 95606 | |
| SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6 | 1.8798 | 1.8798 | 95607 | |
| SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7 | 1.4380 | 1.4380 | 95608 | |
| SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8 | 1.5675 | 1.5675 | 95609 | |
| SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9 | 1.1361 | 1.1361 | 95610 |
| (D) CALCULATION OF STATE SHARE OF INSTRUCTION FORMULA | 95611 |
| ENTITLEMENTS AND ADJUSTMENTS | 95612 |
| (1) Of the foregoing appropriation items 235501, State Share | 95613 |
| of Instruction, 235644, State Share of Instruction - Federal | 95614 |
| Stimulus - Education, and 235646, State Share of Instruction - | 95615 |
| Federal Stimulus - Government Services, 5 per cent of the | 95616 |
| appropriation for state-supported community colleges, state | 95617 |
| community colleges, and technical colleges in fiscal year 2011 | 95618 |
| shall be allocated to colleges in proportion to their share of | 95619 |
| college student success factors. In fiscal year 2011, student | 95620 |
| success factors shall include all measureable student outcomes | 95621 |
| that contribute to student achievement as determined by the | 95622 |
| Chancellor of the Board of Regents based on the recommendation | 95623 |
| of the consultation created in the Section of this act entitled | 95624 |
| "Studies to Determine Weights for Fiscal Year 2011 State Share | 95625 |
| of Instruction Formula." | 95626 |
| (2) Of the foregoing appropriation items 235501, State Share | 95627 |
| of Instruction, 235644, State Share of Instruction - Federal | 95628 |
| Stimulus - Education, and 235646, State Share of Instruction - | 95629 |
| Federal Stimulus - Government Services, up to 12.89 per cent of | 95630 |
| the appropriation for university main campuses in each fiscal | 95631 |
| year shall be reserved for support of doctoral programs to | 95632 |
| implement the funding recommendations made by representatives of | 95633 |
| the universities. The amount so reserved shall be referred to | 95634 |
| as the doctoral set-aside. | 95635 |
| The doctoral set-aside shall be allocated to universities as | 95636 |
| follows: | 95637 |
| (a) 90 per cent of the doctoral set-aside in fiscal year 2010 | 95638 |
| and 80 per cent of the doctoral set-aside in fiscal year 2011 | 95639 |
| shall be allocated to universities in proportion to their share of | 95640 |
| the total number of Doctoral I equivalent FTEs as calculated on an | 95641 |
| institutional basis using the greater of the two-year or five-year | 95642 |
| FTEs for the period fiscal year 1994 through fiscal year 1998 with | 95643 |
| annualized FTEs for fiscal years 1994 through 1997 and all-term | 95644 |
| FTEs for fiscal year 1998 as adjusted to reflect the effects of | 95645 |
| doctoral review and subsequent changes in Doctoral I equivalent | 95646 |
| enrollments. For the purposes of this calculation, Doctoral I | 95647 |
| equivalent FTEs shall equal the sum of Doctoral I FTEs plus 1.5 | 95648 |
| times the sum of Doctoral II FTEs. | 95649 |
| (b) 5 per cent of the doctoral set-aside in fiscal year 2010 | 95650 |
| and 10 per cent of the doctoral set-aside in fiscal year 2011 | 95651 |
| shall be allocated to universities in proportion to each campus's | 95652 |
| share of the total statewide doctoral degrees, weighted by the | 95653 |
| cost of the doctoral discipline. In calculating each campus's | 95654 |
| doctoral degrees the Chancellor of the Board of Regents shall use | 95655 |
| the three-year average doctoral degrees awarded for the three-year | 95656 |
| period ending in the prior year. | 95657 |
| (c) 2.5 per cent of the doctoral set-aside in fiscal year | 95658 |
| 2010 and 5 per cent of the doctoral set-aside in fiscal year 2011 | 95659 |
| shall be allocated to universities in proportion to their share of | 95660 |
| research grant activity, using data collected and published by the | 95661 |
| National Science Foundation. Grant awards from the National Health | 95662 |
| Institute shall be weighted at 50 per cent. | 95663 |
| (d) 2.5 per cent of the doctoral set-aside in fiscal year | 95664 |
| 2010 and 5 per cent of the doctoral set-aside in fiscal year 2011 | 95665 |
| shall be allocated to universities based on other quality measures | 95666 |
| that contribute to the advancement of the Chancellor's strategic | 95667 |
| plan. These other quality measures shall be identified by the | 95668 |
| Chancellor in consultation with universities. If for any reason | 95669 |
| metrics for distributing the quality component of the doctoral | 95670 |
| set-aside are not identified prior to the fiscal year allocation | 95671 |
| process, this portion of the doctoral set-aside funds shall be | 95672 |
| allocated to universities based on division (D)(2)(a) of this | 95673 |
| section. | 95674 |
| (3) Of the foregoing appropriation items 235501, State Share | 95675 |
| of Instruction, 235644, State Share of Instruction - Federal | 95676 |
| Stimulus - Education, and 235646, State Share of Instruction - | 95677 |
| Federal Stimulus - Government Services, 6.96 per cent of the | 95678 |
| appropriation for university main campuses in each fiscal year | 95679 |
| shall be reserved for support of Medical II FTEs. The amount so | 95680 |
| reserved shall be referred to as the medical II set-aside. | 95681 |
| The medical II set-aside shall be allocated to universities | 95682 |
| in proportion to their share of the total number of Medical II | 95683 |
| FTEs as calculated in division (A) of this section, weighted by | 95684 |
| model cost. | 95685 |
| (4) Of the foregoing appropriation items 235501, State Share | 95686 |
| of Instruction, 235644, State Share of Instruction - Federal | 95687 |
| Stimulus - Education, and 235646, State Share of Instruction - | 95688 |
| Federal Stimulus - Government Services, 1.61 per cent of the | 95689 |
| appropriation for university main campuses in each fiscal year | 95690 |
| shall be reserved for support of Medical I FTEs. The amount so | 95691 |
| reserved shall be referred to as the medical I set-aside. | 95692 |
| The medical I set-aside shall be allocated to universities in | 95693 |
| proportion to their share of the total number of Medical I FTEs as | 95694 |
| calculated in division (A) of this section. | 95695 |
| (5) Of the foregoing appropriation items 235501, State Share | 95696 |
| of Instruction, 235644, State Share of Instruction - Federal | 95697 |
| Stimulus - Education, and 235646, State Share of Instruction - | 95698 |
| Federal Stimulus - Government Services, 5 per cent of the fiscal | 95699 |
| year 2010 appropriation for university main campuses and 10 per | 95700 |
| cent of the fiscal year 2011 appropriation for university main | 95701 |
| campuses shall be reserved for support of associate, | 95702 |
| baccalaureate, master's, and professional level degree | 95703 |
| attainment. | 95704 |
| The degree attainment funding shall be allocated to | 95705 |
| universities in proportion to each campus's share of the total | 95706 |
| statewide degrees granted, weighted by the cost of the degree | 95707 |
| programs. | 95708 |
| In calculating the subsidy entitlements for degree attainment | 95709 |
| at university main campuses, the Chancellor of the Board of | 95710 |
| Regents shall use the following count of degrees and degree costs: | 95711 |
| (a) For those associate degrees awarded by a state-supported | 95712 |
| university, the subsidy eligible degrees granted are defined as | 95713 |
| only those earned by students attending a university that received | 95714 |
| funding under GRF appropriation item 235418, Access Challenge, in | 95715 |
| fiscal year 2009. | 95716 |
| In calculating each campus's count of degrees, the Chancellor | 95717 |
| of the Board of Regents shall use the three-year average | 95718 |
| associate, baccalaureate, master's, and professional degrees | 95719 |
| awarded for the three-year period ending in the prior year. | 95720 |
| Eligible associate degrees defined in division (D)(5)(a) of | 95721 |
| this section and all bachelor's degrees earned by a student that | 95722 |
| was eligible to receive Ohio need-based financial aid shall have | 95723 |
| their associates degree cost weighted by a statewide OIG/OCOG | 95724 |
| degree completion weight. | 95725 |
| The statewide average OIG/OCOG degree completion weight shall | 95726 |
| be determined by calculating the difference between the percentage | 95727 |
| of traditional students who earned a degree and the percentage of | 95728 |
| Ohio Instructional Grant and Ohio College Opportunity Grant | 95729 |
| recipients who earned a degree during the same time period. | 95730 |
| (6) Each campus's state share of instruction base formula | 95731 |
| earnings shall be determined as follows: | 95732 |
| (a) For each campus in each fiscal year, the instructional | 95733 |
| costs shall be determined by multiplying the amounts listed above | 95734 |
| in divisions (B) and (C) of this section by (i) average | 95735 |
| subsidy-eligible FTEs for the two-year period ending in the prior | 95736 |
| year for all models except Doctoral I and Doctoral II; and (ii) | 95737 |
| average subsidy-eligible FTEs for the five-year period ending in | 95738 |
| the prior year for all models except Doctoral I and Doctoral II. | 95739 |
| (b) The Chancellor of the Board of Regents shall compute the | 95740 |
| two calculations listed in division (D)(6)(a) of this section and | 95741 |
| use the greater amount as each campus's instructional costs. | 95742 |
| (c) The Chancellor of the Board of Regents shall compute a | 95743 |
| uniform state share of instructional costs for each sector. | 95744 |
| (i) For the state supported community colleges, state | 95745 |
| community colleges, and technical colleges, the Chancellor of the | 95746 |
| Board of Regents shall compute the uniform state share of | 95747 |
| institutional costs by dividing the earmark in division (C)(1) of | 95748 |
| Section 371.20.90 of this act, less the student college success | 95749 |
| allocation as described in division (D)(1) of this section, by the | 95750 |
| sum of all eligible campuses' instructional costs as calculated in | 95751 |
| division (D)(6)(b) of this section. | 95752 |
| (ii) For the state supported university branch campuses, the | 95753 |
| Chancellor of the Board of Regents shall compute the uniform state | 95754 |
| share of institutional costs by dividing the earmark in division | 95755 |
| (C)(2) of Section 371.20.90 of this act by the sum of all | 95756 |
| campuses' instructional costs as calculated in division (D)(6)(b) | 95757 |
| of this section. | 95758 |
| (iii) For the state supported university main campuses, the | 95759 |
| Chancellor of the Board of Regents shall compute the uniform state | 95760 |
| share of institutional costs by dividing the earmark in division | 95761 |
| (C)(3) of Section 371.20.90 of this act, less the doctoral | 95762 |
| set-aside, less the medical I set-aside, less the medical II | 95763 |
| set-aside, and less the degree attainment funding as calculated in | 95764 |
| divisions (D)(2) to (5) of this section, by the sum of all | 95765 |
| campuses' instructional costs as calculated in division (D)(6)(b) | 95766 |
| of this section. | 95767 |
| (d) The formula entitlement for each sector's campuses shall | 95768 |
| be determined by multiplying the uniform state share of costs | 95769 |
| calculated in division (D)(6)(c) of this section by the campus's | 95770 |
| instructional cost determined in division (D)(6)(b) of this | 95771 |
| section. | 95772 |
| (7) In addition to the student success allocation, doctoral | 95773 |
| set-aside, medical I set-aside, medical II set-aside, and the | 95774 |
| degree attainment allocation determined in division (D)(1) to | 95775 |
| (D)(5) of this section and the formula entitlement determined in | 95776 |
| division (D)(6) of this section, an allocation based on | 95777 |
| facility-based plant operations and maintenance (POM) subsidy | 95778 |
| shall be made. For each eligible campus, the amount of the POM | 95779 |
| allocation in each fiscal year shall be distributed based on what | 95780 |
| each campus received in the fiscal year 2009 POM allocation. | 95781 |
| Any POM allocations required by this division shall be funded | 95782 |
| by proportionately reducing formula entitlement earnings, | 95783 |
| including the POM allocations, for all campuses in that sector. | 95784 |
| (8) STABILITY IN STATE SHARE OF INSTRUCTION FUNDING | 95785 |
| In addition to and after the adjustments noted above, in | 95786 |
| fiscal year 2010, no campus shall receive a state share of | 95787 |
| instruction allocation that is less than 99 per cent of the prior | 95788 |
| year's combined state share of instruction, access challenge, and | 95789 |
| success challenge amounts. Funds shall be made available to | 95790 |
| support this allocation by proportionately reducing formula | 95791 |
| entitlement earnings from those campuses, within each sector, | 95792 |
| that are not receiving stability funding. | 95793 |
| In fiscal year 2011, in addition to and after the adjustments | 95794 |
| noted above, no campus shall receive a state share of instruction | 95795 |
| allocation that is less than 98 per cent of the prior year's | 95796 |
| combined state share of instruction, access challenge, and | 95797 |
| success challenge amounts. Funds shall be made available to | 95798 |
| support this allocation by proportionately reducing formula | 95799 |
| entitlement earnings from those campuses, within each sector, that | 95800 |
| do not receive stability funding. | 95801 |
| (9) CAPITAL COMPONENT DEDUCTION | 95802 |
| After all other adjustments have been made, state share of | 95803 |
| instruction earnings shall be reduced for each campus by the | 95804 |
| amount, if any, by which debt service charged in Am. H.B. 748 of | 95805 |
| the 121st General Assembly, Am. Sub. H.B. 850 of the 122nd General | 95806 |
| Assembly, Am. Sub. H.B. 640 of the 123rd General Assembly, H.B. | 95807 |
| 675 of the 124th General Assembly, Am. Sub. H.B. 16 of the 126th | 95808 |
| General Assembly, and Am. Sub. H.B. 699 of the 126th General | 95809 |
| Assembly, Am. Sub. H.B. 496 of the 127th General Assembly, and Am. | 95810 |
| Sub. H.B. 562 of the 127th General Assembly for that campus | 95811 |
| exceeds that campus's capital component earnings. The sum of the | 95812 |
| amounts deducted shall be transferred to appropriation item | 95813 |
| 235552, Capital Component, in each fiscal year. | 95814 |
| (E) EXCEPTIONAL CIRCUMSTANCES | 95815 |
| Adjustments may be made to the state share of instruction | 95816 |
| payments and other subsidies distributed by the Chancellor of the | 95817 |
| Board of Regents to state-assisted colleges and universities for | 95818 |
| exceptional circumstances. No adjustments for exceptional | 95819 |
| circumstances may be made without the recommendation of the | 95820 |
| Chancellor and the approval of the Controlling Board. | 95821 |
| (F) APPROPRIATION REDUCTIONS TO THE STATE SHARE OF | 95822 |
| INSTRUCTION | 95823 |
| The standard provisions of the state share of instruction | 95824 |
| calculation as described in the preceding sections of temporary | 95825 |
| law shall apply to any reductions made to appropriation items | 95826 |
| 235501, State Share of Instruction, 235644, State Share of | 95827 |
| Instruction - Federal Stimulus - Education, and 235646, State | 95828 |
| Share of Instruction - Federal Stimulus - Government Services, | 95829 |
| before the Board of Regents has formally approved the final | 95830 |
| allocation of the state share of instruction funds for any fiscal | 95831 |
| year. | 95832 |
| Any reductions made to appropriation items 235501, State | 95833 |
| Share of Instruction, 235644, State Share of Instruction - Federal | 95834 |
| Stimulus - Education, and 235646, State Share of Instruction - | 95835 |
| Federal Stimulus - Government Services, after the Board of Regents | 95836 |
| has formally approved the final allocation of the state share of | 95837 |
| instruction funds for any fiscal year, shall be uniformly applied | 95838 |
| to each campus in proportion to its share of the final | 95839 |
| allocation. | 95840 |
| (G) DISTRIBUTION OF STATE SHARE OF INSTRUCTION | 95841 |
| The state share of instruction payments to the institutions | 95842 |
| shall be in substantially equal monthly amounts during the fiscal | 95843 |
| year, unless otherwise determined by the Director of Budget and | 95844 |
| Management pursuant to section 126.09 of the Revised Code. | 95845 |
| Payments during the first six months of the fiscal year shall be | 95846 |
| based upon the state share of instruction appropriation estimates | 95847 |
| made for the various institutions of higher education according to | 95848 |
| the Chancellor of the Board of Regents enrollment estimates. | 95849 |
| Payments during the last six months of the fiscal year shall be | 95850 |
| distributed after approval of the Controlling Board upon the | 95851 |
| request of the Board of Regents. | 95852 |
| Section 371.20.90. STATE SHARE OF INSTRUCTION FOR FISCAL | 95853 |
| YEARS 2010 AND 2011 | 95854 |
| The boards of trustees of state-assisted institutions of | 95855 |
| higher education shall restrain increases in in-state | 95856 |
| undergraduate instructional and general fees. For the 2009-2010 | 95857 |
| academic year, each state-assisted institution shall not increase | 95858 |
| its in-state undergraduate instructional and general fees over | 95859 |
| what the institution charged for the 2008-2009 academic year. For | 95860 |
| the 2010-2011 academic year, each state-assisted community | 95861 |
| college, state community college, technical college, and regional | 95862 |
| campus of a state-assisted university shall not increase its | 95863 |
| in-state undergraduate instructional and general fees over what | 95864 |
| the institution charged for the 2009-2010 academic year. For the | 95865 |
| 2010-2011 academic year, each main campus of a state-assisted | 95866 |
| university shall not increase its in-state undergraduate | 95867 |
| instructional and general fees more than 3.5 per cent over what | 95868 |
| the institution charged for the 2009-2010 academic year. | 95869 |
| These limitations shall not apply to increases required to | 95870 |
| comply with institutional covenants related to their obligations | 95871 |
| or to meet unfunded legal mandates or legally binding obligations | 95872 |
| incurred or commitments made prior to the effective date of this | 95873 |
| section with respect to which the institution had identified such | 95874 |
| fee increases as the source of funds. Any increase required by | 95875 |
| such covenants and any such mandates, obligations, or commitments | 95876 |
| shall be reported by the Chancellor of the Board of Regents to the | 95877 |
| Controlling Board. | 95878 |
| Of the combined appropriations of the foregoing | 95879 |
| appropriation items 235501, State Share of Instruction, 235644, | 95880 |
| State Share of Instruction - Federal Stimulus - Education, and | 95881 |
| 235646, State Share of Instruction - Federal Stimulus - Government | 95882 |
| Services, $60,996,059 in each fiscal year shall be distributed to | 95883 |
| eligible colleges and universities based on each campus's share | 95884 |
| of the appropriation item 235418, Access Challenge, in fiscal year | 95885 |
| 2009. | 95886 |
| Of the combined appropriations of the foregoing appropriation | 95887 |
| items 235501, State Share of Instruction, 235644, State Share of | 95888 |
| Instruction - Federal Stimulus - Education, and 235646, State | 95889 |
| Share of Instruction - Federal Stimulus - Government Services, | 95890 |
| $10,323,056 in each fiscal year shall be distributed among | 95891 |
| state-supported community colleges, state community colleges, and | 95892 |
| technical colleges in an amount equal to the amount each | 95893 |
| institution received in fiscal year 2009 from the supplemental | 95894 |
| tuition subsidy earmarked under Section 375.30.25 of H.B. 119 of | 95895 |
| the 127th General Assembly. | 95896 |
| (C) The remainder of the combined appropriations of | 95897 |
| appropriation items 235501, State Share of Instruction, 235644, | 95898 |
| State Share of Instruction - Federal Stimulus - Education, and | 95899 |
| 235646, State Share of Instruction - Federal Stimulus - Government | 95900 |
| Services, shall be distributed according to Section 371.20.80 of | 95901 |
| this act. Sector allocations shall be determined using the | 95902 |
| following earmarks in accordance with the tuition policy | 95903 |
| described in division (A) of this section. | 95904 |
| (1) Of the combined appropriations of the foregoing | 95905 |
| appropriation items 235501, State Share of Instruction, 235644, | 95906 |
| State Share of Instruction - Federal Stimulus - Education, and | 95907 |
| 235646, State Share of Instruction - Federal Stimulus - Government | 95908 |
| Services, $396,965,932 in fiscal year 2010 and $419,030,691 in | 95909 |
| fiscal year 2011 shall be distributed to state-supported | 95910 |
| community colleges, state community colleges, and technical | 95911 |
| colleges. | 95912 |
| (2) Of the combined appropriations of the foregoing | 95913 |
| appropriation items 235501, State Share of Instruction, 235644, | 95914 |
| State Share of Instruction - Federal Stimulus - Education, and | 95915 |
| 235646, State Share of Instruction - Federal Stimulus - Government | 95916 |
| Services, $125,682,220 in fiscal year 2010 and $129,739,380 in | 95917 |
| fiscal year 2011 shall be distributed to state-supported | 95918 |
| university branch campuses. | 95919 |
| (3) Of the combined appropriations of the foregoing | 95920 |
| appropriation items 235501, State Share of Instruction, 235644, | 95921 |
| State Share of Instruction - Federal Stimulus - Education, and | 95922 |
| 235646, State Share of Instruction - Federal Stimulus - Government | 95923 |
| Services, $1,481,570,810 in each fiscal year shall be distributed | 95924 |
| to state-supported university main campuses. | 95925 |
| (D) The state share of instruction payments to the | 95926 |
| institutions shall be in substantially equal monthly amounts | 95927 |
| during the fiscal year, unless otherwise determined by the | 95928 |
| Director of Budget and Management pursuant to section 126.09 of | 95929 |
| the Revised Code. Payments during the last six months of the | 95930 |
| fiscal year shall be distributed after approval of the Controlling | 95931 |
| Board upon the request of the Chancellor of the Board of Regents. | 95932 |
| Section 371.20.95. STUDIES TO DETERMINE WEIGHTS FOR FISCAL | 95933 |
| YEAR 2011 STATE SHARE OF INSTRUCTION FORMULA | 95934 |
| (A) STUDY ON IDENTIFYING "AT RISK" STUDENTS | 95935 |
| In fiscal year 2010, the Chancellor of the Board of Regents, | 95936 |
| in consultation with representatives of state colleges and | 95937 |
| universities, shall conduct a study to identify the | 95938 |
| socio-economic, demographic, academic, personal, and other factors | 95939 |
| that identify a student as being "at-risk" of academic failure, | 95940 |
| and recommend how these factors may be used to determine | 95941 |
| allocations of the State Share of Instruction after fiscal year | 95942 |
| 2010. The study shall be completed by April 15, 2010. | 95943 |
| Notwithstanding any provision of law to the contrary, the | 95944 |
| Chancellor may use the results of the study to recommend | 95945 |
| additional weights to be used in the determination of the fiscal | 95946 |
| year 2011 State Share of Instruction allocations. The Chancellor | 95947 |
| shall report any such formula changes to the Controlling Board by | 95948 |
| August 30, 2010. | 95949 |
| (B) STUDY ON FUNDING DOCTORAL PROGRAMS THROUGH THE STATE | 95950 |
| SHARE OF INSTRUCTION FORMULA | 95951 |
| The Chancellor of the Board of Regents, in consultation with | 95952 |
| representatives of state universities, shall conduct a study on | 95953 |
| the effectiveness and appropriateness of funding for doctoral | 95954 |
| programs through the doctoral set-aside as allocated in | 95955 |
| appropriation items 235501, State Share of Instruction, 235644, | 95956 |
| State Share of Instruction - Federal Stimulus - Education, and | 95957 |
| 235646, State Share of Instruction - Federal Stimulus - Government | 95958 |
| Services. The study may examine alternative funding methodologies | 95959 |
| to improve the alignment between university doctoral programs and | 95960 |
| the goals of the strategic plan for the University System of | 95961 |
| Ohio. The study shall be completed by April 15, 2010. | 95962 |
| Notwithstanding any provision of law to the contrary, the | 95963 |
| Chancellor may use the results of the study to recommend changes | 95964 |
| in the determination of the distribution of the doctoral | 95965 |
| set-aside beginning in fiscal year 2011. The Chancellor shall | 95966 |
| report any such formula changes to the Controlling Board by | 95967 |
| August 30, 2010. | 95968 |
| (C) STUDY ON THE USE OF SUCCESS POINTS FOR COMMUNITY COLLEGES | 95969 |
| The Chancellor of the Board of Regents, in consultation with | 95970 |
| representatives of state community colleges, shall conduct a study | 95971 |
| on the use of "success points" in the allocation of appropriations | 95972 |
| to community colleges in appropriation items 235501, State Share | 95973 |
| of Instruction, 235644, State Share of Instruction - Federal | 95974 |
| Stimulus - Education, and 235646, State Share of Instruction - | 95975 |
| Federal Stimulus - Government Services, in fiscal year 2011. The | 95976 |
| study shall identify success points that occur during the | 95977 |
| academic career of community college students and recommend a | 95978 |
| method to fund achievement of the success points beginning in | 95979 |
| fiscal year 2011. The study shall be completed by April 15, 2010. | 95980 |
| Notwithstanding any provision of law to the contrary, the | 95981 |
| Chancellor shall use the results of the study to recommend | 95982 |
| changes in the determination of the distribution of the community | 95983 |
| college allocations beginning in fiscal year 2011. The Chancellor | 95984 |
| shall report any such formula changes to the Controlling Board by | 95985 |
| August 30, 2010. | 95986 |
| Section 371.30.10. HIGHER EDUCATION - BOARD OF TRUSTEES | 95987 |
| (A) Funds appropriated for instructional subsidies at | 95988 |
| colleges and universities may be used to provide such branch or | 95989 |
| other off-campus undergraduate courses of study and such master's | 95990 |
| degree courses of study as may be approved by the Chancellor of | 95991 |
| the Board of Regents. | 95992 |
| (B) In providing instructional and other services to | 95993 |
| students, boards of trustees of state-assisted institutions of | 95994 |
| higher education shall supplement state subsidies with income from | 95995 |
| charges to students. Except as otherwise provided in this Section, | 95996 |
| each board shall establish the fees to be charged to all students, | 95997 |
| including an instructional fee for educational and associated | 95998 |
| operational support of the institution and a general fee for | 95999 |
| noninstructional services, including locally financed student | 96000 |
| services facilities used for the benefit of enrolled students. The | 96001 |
| instructional fee and the general fee shall encompass all charges | 96002 |
| for services assessed uniformly to all enrolled students. Each | 96003 |
| board may also establish special purpose fees, service charges, | 96004 |
| and fines as required; such special purpose fees and service | 96005 |
| charges shall be for services or benefits furnished individual | 96006 |
| students or specific categories of students and shall not be | 96007 |
| applied uniformly to all enrolled students. A tuition surcharge | 96008 |
| shall be paid by all students who are not residents of Ohio. | 96009 |
| The board of trustees of a state-assisted institution of | 96010 |
| higher education shall not authorize a waiver or nonpayment of | 96011 |
| instructional fees or general fees for any particular student or | 96012 |
| any class of students other than waivers specifically authorized | 96013 |
| by law or approved by the Chancellor. This prohibition is not | 96014 |
| intended to limit the authority of boards of trustees to provide | 96015 |
| for payments to students for services rendered the institution, | 96016 |
| nor to prohibit the budgeting of income for staff benefits or for | 96017 |
| student assistance in the form of payment of such instructional | 96018 |
| and general fees. | 96019 |
| Each state-assisted institution of higher education in its | 96020 |
| statement of charges to students shall separately identify the | 96021 |
| instructional fee, the general fee, the tuition charge, and the | 96022 |
| tuition surcharge. Fee charges to students for instruction shall | 96023 |
| not be considered to be a price of service but shall be considered | 96024 |
| to be an integral part of the state government financing program | 96025 |
| in support of higher educational opportunity for students. | 96026 |
| (C) The boards of trustees of state-assisted institutions of | 96027 |
| higher education shall ensure that faculty members devote a proper | 96028 |
| and judicious part of their work week to the actual instruction of | 96029 |
| students. Total class credit hours of production per quarter per | 96030 |
| full-time faculty member is expected to meet the standards set | 96031 |
| forth in the budget data submitted by the Chancellor of the Board | 96032 |
| of Regents. | 96033 |
| (D) The authority of government vested by law in the boards | 96034 |
| of trustees of state-assisted institutions of higher education | 96035 |
| shall in fact be exercised by those boards. Boards of trustees may | 96036 |
| consult extensively with appropriate student and faculty groups. | 96037 |
| Administrative decisions about the utilization of available | 96038 |
| resources, about organizational structure, about disciplinary | 96039 |
| procedure, about the operation and staffing of all auxiliary | 96040 |
| facilities, and about administrative personnel shall be the | 96041 |
| exclusive prerogative of boards of trustees. Any delegation of | 96042 |
| authority by a board of trustees in other areas of responsibility | 96043 |
| shall be accompanied by appropriate standards of guidance | 96044 |
| concerning expected objectives in the exercise of such delegated | 96045 |
| authority and shall be accompanied by periodic review of the | 96046 |
| exercise of this delegated authority to the end that the public | 96047 |
| interest, in contrast to any institutional or special interest, | 96048 |
| shall be served. | 96049 |
| Section 371.30.20. STUDENT SUPPORT SERVICES | 96050 |
| The foregoing appropriation item 235502, Student Support | 96051 |
| Services, shall be distributed by the Chancellor of the Board of | 96052 |
| Regents to Ohio's state-assisted colleges and universities that | 96053 |
| incur disproportionate costs in the provision of support services | 96054 |
| to disabled students. | 96055 |
| Section 371.30.30. WAR ORPHANS SCHOLARSHIPS | 96056 |
| The foregoing appropriation item 235504, War Orphans | 96057 |
| Scholarships, shall be used to reimburse state-assisted | 96058 |
| institutions of higher education for waivers of instructional fees | 96059 |
| and general fees provided by them, to provide grants to | 96060 |
| institutions that have received a certificate of authorization | 96061 |
| from the Chancellor of the Board of Regents under Chapter 1713. of | 96062 |
| the Revised Code, in accordance with the provisions of section | 96063 |
| 5910.04 of the Revised Code, and to fund additional scholarship | 96064 |
| benefits provided by section 5910.032 of the Revised Code. | 96065 |
| An amount equal to the unexpended, unencumbered portion of | 96066 |
| the foregoing appropriation item 235504, War Orphans Scholarships, | 96067 |
| at the end of fiscal year 2010 is hereby reappropriated to the | 96068 |
| Board of Regents for the same purpose for fiscal year 2011. | 96069 |
| Section 371.30.40. OHIOLINK | 96070 |
| The foregoing appropriation item 235507, OhioLINK, shall be | 96071 |
| used by the Chancellor of the Board of Regents to support | 96072 |
| OhioLINK, a consortium organized under division (U) of section | 96073 |
| 3333.04 of the Revised Code to serve as the state's electronic | 96074 |
| library information and retrieval system, which provides access | 96075 |
| statewide to an extensive set of electronic databases and | 96076 |
| resources and the library holdings of Ohio's public and | 96077 |
| participating private nonprofit colleges and universities, and the | 96078 |
| State Library of Ohio. | 96079 |
| Section 371.30.50. AIR FORCE INSTITUTE OF TECHNOLOGY | 96080 |
| The foregoing appropriation item 235508, Air Force Institute | 96081 |
| of Technology, shall be used to strengthen the research and | 96082 |
| educational linkages between the Wright Patterson Air Force Base | 96083 |
| and institutions of higher education in Ohio. | 96084 |
| Section 371.30.60. OHIO SUPERCOMPUTER CENTER | 96085 |
| The foregoing appropriation item 235510, Ohio Supercomputer | 96086 |
| Center, shall be used by the Chancellor of the Board of Regents to | 96087 |
| support the operation of the Ohio Supercomputer Center, a | 96088 |
| consortium organized under division (U) of section 3333.04 of the | 96089 |
| Revised Code, located at The Ohio State University. The Ohio | 96090 |
| Supercomputer Center is a statewide resource available to Ohio | 96091 |
| research universities both public and private. It is also intended | 96092 |
| that the center be made accessible to private industry as | 96093 |
| appropriate. | 96094 |
| Funds shall be used, in part, to support the Ohio | 96095 |
| Supercomputer Center's Computational Science Initiative. | 96096 |
| Section 371.30.70. COOPERATIVE EXTENSION SERVICE | 96097 |
| The foregoing appropriation item 235511, Cooperative | 96098 |
| Extension Service, shall be disbursed through the Chancellor of | 96099 |
| the Board of Regents to The Ohio State University in monthly | 96100 |
| payments, unless otherwise determined by the Director of Budget | 96101 |
| and Management under section 126.09 of the Revised Code. | 96102 |
| Section 371.30.80. OHIO UNIVERSITY VOINOVICH SCHOOL | 96103 |
| The foregoing appropriation item 235513, Ohio University | 96104 |
| Voinovich School, shall be used by the Chancellor of the Board of | 96105 |
| Regents to support the operations of Ohio University's Voinovich | 96106 |
| School. | 96107 |
| Section 371.30.90. CENTRAL STATE SUPPLEMENT | 96108 |
| The foregoing appropriation item 235514, Central State | 96109 |
| Supplement, shall be used by Central State University to keep | 96110 |
| undergraduate fees below the statewide average, consistent with | 96111 |
| its mission of service to many first-generation college students | 96112 |
| from groups historically underrepresented in higher education and | 96113 |
| from families with limited incomes. | 96114 |
| Section 371.40.10. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF | 96115 |
| MEDICINE | 96116 |
| The foregoing appropriation item 235515, Case Western Reserve | 96117 |
| University School of Medicine, shall be disbursed to Case Western | 96118 |
| Reserve University through the Chancellor of the Board of Regents | 96119 |
| in accordance with agreements entered into under section 3333.10 | 96120 |
| of the Revised Code, provided that the state support per | 96121 |
| full-time medical student shall not exceed that provided to | 96122 |
| full-time medical students at state universities. | 96123 |
| Section 371.40.20. FAMILY PRACTICE | 96124 |
| Notwithstanding section 3333.031 of the Revised Code, the | 96125 |
| Board of Regents, and not the Chancellor, shall develop plans | 96126 |
| consistent with existing criteria and guidelines as may be | 96127 |
| required for the distribution of appropriation item 235519, | 96128 |
| Family Practice. | 96129 |
| Section 371.40.30. SHAWNEE STATE SUPPLEMENT | 96130 |
| The foregoing appropriation item 235520, Shawnee State | 96131 |
| Supplement, shall be used by Shawnee State University as detailed | 96132 |
| by both of the following: | 96133 |
| (A) To allow Shawnee State University to keep its | 96134 |
| undergraduate fees below the statewide average, consistent with | 96135 |
| its mission of service to an economically depressed Appalachian | 96136 |
| region; | 96137 |
| (B) To allow Shawnee State University to employ new faculty | 96138 |
| to develop and teach in new degree programs that meet the needs of | 96139 |
| Appalachians. | 96140 |
| Section 371.40.40. OSU JOHN GLENN SCHOOL OF PUBLIC AFFAIRS | 96141 |
| The foregoing appropriation item 235521, The Ohio State | 96142 |
| University John Glenn School of Public Affairs, shall be used by | 96143 |
| the Chancellor of the Board of Regents to support the operations | 96144 |
| of The Ohio State University's John Glenn School of Public | 96145 |
| Affairs. | 96146 |
| Section 371.40.50. POLICE AND FIRE PROTECTION | 96147 |
| The foregoing appropriation item 235524, Police and Fire | 96148 |
| Protection, shall be used for police and fire services in the | 96149 |
| municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green, | 96150 |
| Portsmouth, Xenia Township (Greene County), Rootstown Township, | 96151 |
| and the City of Nelsonville that may be used to assist these local | 96152 |
| governments in providing police and fire protection for the | 96153 |
| central campus of the state-affiliated university located therein. | 96154 |
| Section 371.40.60. GERIATRIC MEDICINE | 96155 |
| Notwithstanding section 3333.031 of the Revised Code, the | 96156 |
| Board of Regents, and not the Chancellor, shall develop plans | 96157 |
| consistent with existing criteria and guidelines as may be | 96158 |
| required for the distribution of appropriation item 235525, | 96159 |
| Geriatric Medicine. | 96160 |
| Section 371.40.70. PRIMARY CARE RESIDENCIES | 96161 |
| Notwithstanding section 3333.031 of the Revised Code, Board | 96162 |
| of Regents, and not the Chancellor, shall develop plans | 96163 |
| consistent with existing criteria and guidelines as may be | 96164 |
| required for the distribution of appropriation item 235526, | 96165 |
| Primary Care Residencies. | 96166 |
| The foregoing appropriation item 235526, Primary Care | 96167 |
| Residencies, shall be distributed in each fiscal year of the | 96168 |
| biennium, based on whether or not the institution has submitted | 96169 |
| and gained approval for a plan. If the institution does not have | 96170 |
| an approved plan, it shall receive five per cent less funding per | 96171 |
| student than it would have received from its annual allocation. | 96172 |
| The remaining funding shall be distributed among those | 96173 |
| institutions that meet or exceed their targets. | 96174 |
| Section 371.40.80. OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT | 96175 |
| CENTER | 96176 |
| The foregoing appropriation item 235535, Ohio Agricultural | 96177 |
| Research and Development Center, shall be disbursed through the | 96178 |
| Chancellor of the Board of Regents to The Ohio State University in | 96179 |
| monthly payments, unless otherwise determined by the Director of | 96180 |
| Budget and Management under section 126.09 of the Revised Code. | 96181 |
| The Ohio Agricultural Research and Development Center shall not | 96182 |
| be required to remit payment to The Ohio State University during | 96183 |
| the biennium ending June 30, 2011, for cost reallocation | 96184 |
| assessments. The cost reallocation assessments include, but are | 96185 |
| not limited to, any assessment on state appropriations to the | 96186 |
| Center. | 96187 |
| The Ohio Agricultural Research and Development Center, an | 96188 |
| entity of the College of Food, Agricultural, and Environmental | 96189 |
| Sciences of The Ohio State University, shall further its mission | 96190 |
| of enhancing Ohio's economic development and job creation by | 96191 |
| continuing to internally allocate on a competitive basis | 96192 |
| appropriated funding of programs based on demonstrated | 96193 |
| performance. Academic units, faculty, and faculty-driven programs | 96194 |
| shall be evaluated and rewarded consistent with agreed-upon | 96195 |
| performance expectations as called for in the College's | 96196 |
| Expectations and Criteria for Performance Assessment. | 96197 |
| Section 371.40.90. STATE UNIVERSITY CLINICAL TEACHING | 96198 |
| The foregoing appropriation items 235536, The Ohio State | 96199 |
| University Clinical Teaching; 235537, University of Cincinnati | 96200 |
| Clinical Teaching; 235538, University of Toledo Clinical | 96201 |
| Teaching; 235539, Wright State University Clinical Teaching; | 96202 |
| 235540, Ohio University Clinical Teaching; and 235541, | 96203 |
| Northeastern Ohio Universities College of Medicine Clinical | 96204 |
| Teaching, shall be distributed through the Chancellor of the Board | 96205 |
| of Regents. | 96206 |
| Section 371.50.10. CAPITAL COMPONENT | 96207 |
| The foregoing appropriation item 235552, Capital Component, | 96208 |
| shall be used by the Chancellor of the Board of Regents to | 96209 |
| implement the capital funding policy for state-assisted colleges | 96210 |
| and universities established in Am. H.B. 748 of the 121st General | 96211 |
| Assembly. Appropriations from this item shall be distributed to | 96212 |
| all campuses for which the estimated campus debt service | 96213 |
| attributable to new qualifying capital projects is less than the | 96214 |
| campus's formula-determined capital component allocation. Campus | 96215 |
| allocations shall be determined by subtracting the estimated | 96216 |
| campus debt service attributable to new qualifying capital | 96217 |
| projects from the campus's formula-determined capital component | 96218 |
| allocation. Moneys distributed from this appropriation item shall | 96219 |
| be restricted to capital-related purposes. | 96220 |
| Any campus for which the estimated campus debt service | 96221 |
| attributable to qualifying capital projects is greater than the | 96222 |
| campus's formula-determined capital component allocation shall | 96223 |
| have the difference subtracted from its State Share of Instruction | 96224 |
| allocation in each fiscal year. Appropriation equal to the sum of | 96225 |
| all such amounts except that of the Ohio Agricultural Research and | 96226 |
| Development Center shall be transferred from appropriation item | 96227 |
| 235501, State Share of Instruction, to appropriation item 235552, | 96228 |
| Capital Component. Appropriation equal to any estimated Ohio | 96229 |
| Agricultural Research and Development Center debt service | 96230 |
| attributable to qualifying capital projects that is greater than | 96231 |
| the Center's formula-determined capital component allocation shall | 96232 |
| be transferred from appropriation item 235535, Ohio Agricultural | 96233 |
| Research and Development Center, to appropriation item 235552, | 96234 |
| Capital Component. | 96235 |
| Section 371.50.15. DAYTON AREA GRADUATE STUDIES INSTITUTE | 96236 |
| The foregoing appropriation item 235553, Dayton Area Graduate | 96237 |
| Studies Institute, shall be used by the Board of Regents to | 96238 |
| support the Dayton Area Graduate Studies Institute, an engineering | 96239 |
| graduate consortium of three universities in the Dayton area: | 96240 |
| Wright State University, the University of Dayton, and the Air | 96241 |
| Force Institute of Technology, with the participation of the | 96242 |
| University of Cincinnati and The Ohio State University. | 96243 |
| Section 371.50.20. LIBRARY DEPOSITORIES | 96244 |
| The foregoing appropriation item, 235555, Library | 96245 |
| Depositories, shall be distributed to the state's five regional | 96246 |
| depository libraries for the cost-effective storage of and access | 96247 |
| to lesser-used materials in university library collections. The | 96248 |
| depositories shall be administrated by the Chancellor of the Board | 96249 |
| of Regents. | 96250 |
| Section 371.50.30. OHIO ACADEMIC RESOURCES NETWORK (OARNET) | 96251 |
| The foregoing appropriation item 235556, Ohio Academic | 96252 |
| Resources Network, shall be used by the Chancellor of the Board of | 96253 |
| Regents to support the operations of the Ohio Academic Resources | 96254 |
| Network, a consortium organized under division (U) of section | 96255 |
| 3333.04 of the Revised Code, which shall include support for | 96256 |
| Ohio's colleges and universities in maintaining and enhancing | 96257 |
| network connections, using new network technologies to improve | 96258 |
| research, education, and economic development programs, and | 96259 |
| sharing information technology services. The network shall give | 96260 |
| priority to supporting the Third Frontier Network and allocating | 96261 |
| bandwidth to programs directly supporting Ohio's economic | 96262 |
| development. | 96263 |
| Section 371.50.40. LONG-TERM CARE RESEARCH | 96264 |
| The foregoing appropriation item 235558, Long-term Care | 96265 |
| Research, shall be disbursed to Miami University for long-term | 96266 |
| care research. | 96267 |
| Section 371.50.50. OHIO COLLEGE OPPORTUNITY GRANT | 96268 |
| Of the foregoing appropriation item 235563, Ohio College | 96269 |
| Opportunity Grant, $41,000,000 in each fiscal year shall be used | 96270 |
| by the Chancellor of the Board of Regents to award need-based | 96271 |
| financial aid to students enrolled in eligible private nonprofit | 96272 |
| institutions of higher education. | 96273 |
| Of the foregoing appropriation item 235563, Ohio College | 96274 |
| Opportunity Grant, $29,000,000 in each fiscal year shall be used | 96275 |
| by the Chancellor of the Board of Regents to award needs-based | 96276 |
| financial aid to students enrolled in eligible proprietary | 96277 |
| post-secondary institutions of higher education. | 96278 |
| The remainder of the foregoing appropriation item 235563, | 96279 |
| Ohio College Opportunity Grant, shall be used by the Chancellor | 96280 |
| of the Board of Regents to award needs-based financial aid to | 96281 |
| students enrolled in eligible public institutions of higher | 96282 |
| education, excluding early college high school and | 96283 |
| post-secondary enrollment option participants. | 96284 |
| An amount equal to the unexpended, unencumbered portion of | 96285 |
| the foregoing appropriation item 235563, Ohio College Opportunity | 96286 |
| Grant, at the end of fiscal year 2010 is hereby reappropriated to | 96287 |
| the Board of Regents for the same purpose for fiscal year 2011. | 96288 |
| On or before August 31, 2009, the Chancellor of the Board of | 96289 |
| Regents shall submit award tables to the Controlling Board for | 96290 |
| the 2009-2010 academic year and allocations of Ohio College | 96291 |
| Opportunity Grant awards not already specified in section | 96292 |
| 3333.122 of the Revised Code. | 96293 |
| Notwithstanding section 3333.122 of the Revised Code, no | 96294 |
| student shall be eligible to receive an Ohio College Opportunity | 96295 |
| Grant for more than ten semesters, fifteen quarters, or the | 96296 |
| equivalent of five academic years, less the number of semesters or | 96297 |
| quarters in which the student received an Ohio Instructional | 96298 |
| Grant. | 96299 |
| Section 371.50.60. CENTRAL STATE UNIVERSITY SPEED TO SCALE | 96300 |
| The foregoing appropriation 235567, Central State University | 96301 |
| Speed to Scale, shall be used to achieve the goals of the Speed to | 96302 |
| Scale Plan, which include increasing student enrollment through | 96303 |
| freshman recruitment and transferred students, increasing the | 96304 |
| proportion of in-state students to 80 per cent of the total | 96305 |
| student population, and increasing the student retention rates | 96306 |
| between the first and second year of college by two per cent each | 96307 |
| year. The goals shall be accomplished by the targeting of student | 96308 |
| retention, improved articulation agreements with two-year | 96309 |
| campuses, increased use of alternative course options, including | 96310 |
| online coursework and Ohio Learning Network resources, College | 96311 |
| Tech Prep, Post Secondary Enrollment Options, and other | 96312 |
| dual-credit programs, and strategic partnerships with research | 96313 |
| institutions to improve the quality of Central State University's | 96314 |
| offering of science, technology, engineering, mathematics, and | 96315 |
| medical instruction. In fiscal year 2010, the disbursement of | 96316 |
| these funds shall be contingent upon Central State University | 96317 |
| meeting the annual goals for the student enrollment and retention | 96318 |
| rate increases. | 96319 |
| The Speed to Scale Task Force shall meet not less than | 96320 |
| quarterly to discuss progress of the plan, including performance | 96321 |
| on accountability metrics and issues experienced in planned | 96322 |
| efforts, and to monitor and support the creation of partnerships | 96323 |
| with other state institutions of higher education. The Task Force | 96324 |
| shall consist of the president of Central State University or the | 96325 |
| president's designee, the president of Sinclair Community College | 96326 |
| or the president's designee, the president of Cincinnati State | 96327 |
| Technical and Community College or the president's designee, the | 96328 |
| president of Cuyahoga Community College or the president's | 96329 |
| designee, the president of The Ohio State University or the | 96330 |
| president's designee, the president of the University of | 96331 |
| Cincinnati or the president's designee, the president of Wright | 96332 |
| State University or the president's designee, one representative | 96333 |
| from the Board of Regents, one member of the House of | 96334 |
| Representatives appointed by the Speaker of the House of | 96335 |
| Representatives, one member of the Senate appointed by the | 96336 |
| President of the Senate, the Director of Budget and Management or | 96337 |
| the director's designee, and a representative of the Governor's | 96338 |
| Office appointed by the Governor. | 96339 |
| On the thirtieth day of June of each fiscal year, Central | 96340 |
| State University and the Speed to Scale Task Force shall jointly | 96341 |
| submit to the Governor, the Director of Budget and Management, the | 96342 |
| Speaker of the House of Representatives, the President of the | 96343 |
| Senate, and the Board of Regents a report describing the status of | 96344 |
| their progress on the accountability metrics included in the Speed | 96345 |
| to Scale Plan. | 96346 |
| Section 371.50.70. THE OHIO STATE UNIVERSITY CLINIC SUPPORT | 96347 |
| The foregoing appropriation item 235572, The Ohio State | 96348 |
| University Clinic Support, shall be distributed through the | 96349 |
| Chancellor of the Board of Regents to The Ohio State University | 96350 |
| for support of dental and veterinary medicine clinics. | 96351 |
| Section 371.50.83. BLISS INSTITUTE | 96352 |
| The foregoing appropriation item 235579, Bliss Institute, | 96353 |
| shall be used to support the Bliss Institute of Applied Politics | 96354 |
| at the University of Akron. | 96355 |
| Section 371.50.90. HAZARDOUS MATERIALS PROGRAM | 96356 |
| The foregoing appropriation item 235596, Hazardous Materials | 96357 |
| Program, shall be used by the Chancellor of the Board of Regents | 96358 |
| to make awards for the establishment or continued development and | 96359 |
| support of hazardous materials education, studies, or programs at | 96360 |
| Ohio institutions of higher education. | 96361 |
| Section 371.60.10. NATIONAL GUARD SCHOLARSHIP PROGRAM | 96362 |
| The Chancellor of the Board of Regents shall disburse funds | 96363 |
| from appropriation item 235599, National Guard Scholarship | 96364 |
| Program, at the direction of the Adjutant General. During each | 96365 |
| fiscal year, the Chancellor of the Board of Regents, within ten | 96366 |
| days of cancellation, may certify to the Director of Budget and | 96367 |
| Management the amount of canceled prior-year encumbrances in | 96368 |
| appropriation item 235599, National Guard Scholarship Program. | 96369 |
| Upon receipt of the certification, the Director of Budget and | 96370 |
| Management may transfer cash in an amount up to the amount | 96371 |
| certified from the General Revenue Fund to the National Guard | 96372 |
| Scholarship Reserve Fund (Fund 5BM0). Upon the request of the | 96373 |
| Adjutant General, the Chancellor of the Board of Regents shall | 96374 |
| seek Controlling Board approval to authorize additional | 96375 |
| expenditures for appropriation item 235623, National Guard | 96376 |
| Scholarship Reserve Fund. Upon approval of the Controlling Board, | 96377 |
| the additional amounts are hereby appropriated. The Chancellor of | 96378 |
| the Board of Regents shall disburse funds from appropriation | 96379 |
| item 235623, National Guard Scholarship Reserve Fund, at the | 96380 |
| direction of the Adjutant General. | 96381 |
| Section 371.60.20. PLEDGE OF FEES | 96382 |
| Any new pledge of fees, or new agreement for adjustment of | 96383 |
| fees, made in the biennium ending June 30, 2011, to secure bonds | 96384 |
| or notes of a state-assisted institution of higher education for a | 96385 |
| project for which bonds or notes were not outstanding on the | 96386 |
| effective date of this section shall be effective only after | 96387 |
| approval by the Chancellor of the Board of Regents, unless | 96388 |
| approved in a previous biennium. | 96389 |
| Section 371.60.30. HIGHER EDUCATION GENERAL OBLIGATION DEBT | 96390 |
| SERVICE | 96391 |
| The foregoing appropriation item 235909, Higher Education | 96392 |
| General Obligation Debt Service, shall be used to pay all debt | 96393 |
| service and related financing costs at the times they are required | 96394 |
| to be made for obligations issued during the period from July 1, | 96395 |
| 2009, to June 30, 2011, under sections 151.01 and 151.04 of the | 96396 |
| Revised Code. | 96397 |
| Section 371.60.40. SALES AND SERVICES | 96398 |
| The Chancellor of the Board of Regents is authorized to | 96399 |
| charge and accept payment for the provision of goods and | 96400 |
| services. Such charges shall be reasonably related to the cost of | 96401 |
| producing the goods and services. No charges may be levied for | 96402 |
| goods or services that are produced as part of the routine | 96403 |
| responsibilities or duties of the Chancellor. All revenues | 96404 |
| received by the Chancellor of the Board of Regents shall be | 96405 |
| deposited into Fund 4560, and may be used by the Chancellor of the | 96406 |
| Board of Regents to pay for the costs of producing the goods and | 96407 |
| services. | 96408 |
| Section 371.60.50. HIGHER EDUCATIONAL FACILITY COMMISSION | 96409 |
| ADMINISTRATION | 96410 |
| The foregoing appropriation item 235602, Higher Educational | 96411 |
| Facility Commission Administration, shall be used by the | 96412 |
| Chancellor of the Board of Regents for operating expenses related | 96413 |
| to the Chancellor of the Board of Regents' support of the | 96414 |
| activities of the Ohio Higher Educational Facility Commission. | 96415 |
| Upon the request of the Chancellor, the Director of Budget and | 96416 |
| Management shall transfer up to $45,000 cash in fiscal year 2010 | 96417 |
| and up to $45,000 cash in fiscal year 2011 from the HEFC Operating | 96418 |
| Expenses Fund (Fund 4610) to the HEFC Administration Fund (Fund | 96419 |
| 4E80). | 96420 |
| Section 371.60.60. NURSING LOAN PROGRAM | 96421 |
| The foregoing appropriation item 235606, Nursing Loan | 96422 |
| Program, shall be used to administer the nurse education | 96423 |
| assistance program. Up to $167,580 in each fiscal year may be used | 96424 |
| for operating expenses associated with the program. Any additional | 96425 |
| funds needed for the administration of the program are subject to | 96426 |
| Controlling Board approval. | 96427 |
| Section 371.60.70. VETERANS PREFERENCES | 96428 |
| The Chancellor of the Board of Regents shall work with the | 96429 |
| Department of Veterans Services to develop specific veterans | 96430 |
| preference guidelines for higher education institutions. These | 96431 |
| guidelines shall ensure that the institutions' hiring practices | 96432 |
| are in accordance with the intent of Ohio's veterans preference | 96433 |
| laws. | 96434 |
| Section 371.60.80. STATE NEED-BASED FINANCIAL AID | 96435 |
| RECONCILIATION | 96436 |
| By the first day of August in each fiscal year, or as soon as | 96437 |
| possible thereafter, the Chancellor of the Ohio Board of Regents | 96438 |
| shall certify to the Director of Budget and Management the amount | 96439 |
| necessary to pay any outstanding prior year obligations to higher | 96440 |
| education institutions for the state's need-based financial aid | 96441 |
| programs. The amounts certified are hereby appropriated to | 96442 |
| appropriation item 235618, State Need-based Financial Aid | 96443 |
| Reconciliation, from revenues received in the State Need-based | 96444 |
| Financial Aid Reconciliation Fund (Fund 5Y50). | 96445 |
| Section 371.60.90. TRANSFERS TO STATE NEED-BASED FINANCIAL | 96446 |
| AID PROGRAMS | 96447 |
| In each fiscal year of the biennium, if the Chancellor of the | 96448 |
| Board of Regents determines that additional funds are needed to | 96449 |
| support the distribution of state need-based financial aid in | 96450 |
| accordance with section 3333.122 of the Revised Code, the | 96451 |
| Chancellor shall recommend the reallocation of the unexpended, | 96452 |
| unencumbered portions of General Revenue Fund appropriation items | 96453 |
| in the Board of Regents to appropriation item 235563, Ohio | 96454 |
| College Opportunity Grant. If the Director of Budget and | 96455 |
| Management determines that such a reallocation is required, the | 96456 |
| Director may transfer appropriation in an amount not to exceed | 96457 |
| those unexpended, unencumbered General Revenue Fund appropriations | 96458 |
| in the Board of Regents as necessary to appropriation item | 96459 |
| 235563, Ohio College Opportunity Grant. | 96460 |
| If those transferred appropriations are not sufficient to | 96461 |
| support the distribution of state need-based financial aid in | 96462 |
| accordance with section 3333.122 of the Revised Code in each | 96463 |
| fiscal year, the Director of Budget and Management may authorize | 96464 |
| expenditures in excess of the amounts appropriated, but not to | 96465 |
| exceed $5,000,000 in each fiscal year from appropriation item | 96466 |
| 235563, Ohio College Opportunity Grant. Upon approval of the | 96467 |
| Director of Budget and Management, the additional amounts are | 96468 |
| hereby appropriated. | 96469 |
| Section 371.60.95. TRANSFER AND ADJUSTMENT OF ARRA STATE | 96470 |
| FISCAL STABILIZATION FUND APPROPRIATIONS | 96471 |
| The Director of Budget and Management may transfer | 96472 |
| appropriation between appropriation items 235501, State Share of | 96473 |
| Instruction, 235646, SSI – Federal Stimulus – Government Services, | 96474 |
| and 235644, State Share of Instruction – Federal Stimulus – | 96475 |
| Education, in each fiscal year, upon the written request of the | 96476 |
| Chancellor of the Board of Regents, including transferring | 96477 |
| appropriation between fiscal year 2010 and fiscal year 2011. The | 96478 |
| Director shall report each transfer made under this section to | 96479 |
| the Controlling Board at its next regularly scheduled meeting | 96480 |
| after the transfer is made. | 96481 |
| Section 371.70.10. EFFICIENCY SAVINGS | 96482 |
| Each state-assisted institution of higher education, as | 96483 |
| defined in section 3345.011 of the Revised Code, shall demonstrate | 96484 |
| at least a three per cent savings through internal efficiencies in | 96485 |
| each fiscal year. Institutions shall identify savings to the | 96486 |
| Chancellor of the Board of Regents, who shall certify the amount | 96487 |
| of savings of each institution. | 96488 |
| Section 375.10. DRC DEPARTMENT OF REHABILITATION AND | 96489 |
| CORRECTION | 96490 |
| General Revenue Fund | 96491 | ||||||||||
| GRF | 501321 | Institutional Operations | $ | 928,188,147 | $ | 903,630,244 | 96492 | ||||
| GRF | 501403 | Prisoner Compensation | $ | 8,599,255 | $ | 8,599,255 | 96493 | ||||
| GRF | 501405 | Halfway House | $ | 41,128,699 | $ | 42,360,343 | 96494 | ||||
| GRF | 501406 | Lease Rental Payments | $ | 101,578,100 | $ | 98,080,200 | 96495 | ||||
| GRF | 501407 | Community Nonresidential Programs | $ | 17,000,000 | $ | 17,000,000 | 96496 | ||||
| GRF | 501408 | Community Misdemeanor Programs | $ | 9,500,000 | $ | 9,500,000 | 96497 | ||||
| GRF | 501501 | Community Residential Programs - CBCF | $ | 58,000,000 | $ | 58,000,000 | 96498 | ||||
| GRF | 501620 | Institutional Operations - Federal Stimulus | $ | 0 | $ | 34,200,000 | 96499 | ||||
| GRF | 502321 | Mental Health Services | $ | 73,500,000 | $ | 73,500,000 | 96500 | ||||
| GRF | 503321 | Parole and Community Operations | $ | 75,785,243 | $ | 77,326,155 | 96501 | ||||
| GRF | 504321 | Administrative Operations | $ | 26,388,606 | $ | 26,388,606 | 96502 | ||||
| GRF | 505321 | Institution Medical Services | $ | 252,462,498 | $ | 251,763,268 | 96503 | ||||
| GRF | 506321 | Institution Education Services | $ | 22,730,539 | $ | 22,730,539 | 96504 | ||||
| GRF | 507321 | Institution Recovery Services | $ | 5,025,028 | $ | 5,025,028 | 96505 | ||||
| TOTAL GRF General Revenue Fund | $ | 1,619,886,115 | $ | 1,628,103,638 | 96506 | ||||||
| General Services Fund Group | 96507 |
| 1480 | 501602 | Services and Agricultural | $ | 105,000,000 | $ | 105,000,000 | 96508 | ||||
| 2000 | 501607 | Ohio Penal Industries | $ | 35,000,000 | $ | 35,000,000 | 96509 | ||||
| 4830 | 501605 | Property Receipts | $ | 255,015 | $ | 261,315 | 96510 | ||||
| 4B00 | 501601 | Sewer Treatment Services | $ | 2,310,188 | $ | 2,310,188 | 96511 | ||||
| 4D40 | 501603 | Prisoner Programs | $ | 14,600,000 | $ | 14,800,000 | 96512 | ||||
| 4L40 | 501604 | Transitional Control | $ | 1,900,000 | $ | 1,900,000 | 96513 | ||||
| 4S50 | 501608 | Education Services | $ | 2,500,000 | $ | 2,500,000 | 96514 | ||||
| 5710 | 501606 | Training Academy Receipts | $ | 50,000 | $ | 50,000 | 96515 | ||||
| 5930 | 501618 | Laboratory Services | $ | 6,100,000 | $ | 6,300,000 | 96516 | ||||
| 5AF0 | 501609 | State and Non-Federal Awards | $ | 150,000 | $ | 150,000 | 96517 | ||||
| 5H80 | 501617 | Offender Financial Responsibility | $ | 1,500,000 | $ | 1,500,000 | 96518 | ||||
| 5L60 | 501611 | Information Technology Services | $ | 800,000 | $ | 800,000 | 96519 | ||||
| TOTAL GSF General Services Fund Group | $ | 170,165,203 | $ | 170,571,503 | 96520 | ||||||
| Federal Special Revenue Fund Group | 96521 |
| 3230 | 501619 | Federal Grants | $ | 12,198,353 | $ | 12,198,353 | 96522 | ||||
| 3S10 | 501615 | Truth-In-Sentencing Grants | $ | 8,251,241 | $ | 0 | 96523 | ||||
| TOTAL FED Federal Special Revenue | 96524 | ||||||||||
| Fund Group | $ | 20,449,594 | $ | 12,198,353 | 96525 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,810,500,912 | $ | 1,810,873,494 | 96526 |
| OHIO BUILDING AUTHORITY LEASE PAYMENTS | 96527 |
| The foregoing appropriation item 501406, Lease Rental | 96528 |
| Payments, shall be used to meet all payments during the period | 96529 |
| from July 1, 2009, to June 30, 2011, under the primary leases and | 96530 |
| agreements for those buildings made under Chapter 152. of the | 96531 |
| Revised Code. These appropriations are the source of funds pledged | 96532 |
| for bond service charges or obligations issued pursuant to Chapter | 96533 |
| 152. of the Revised Code. | 96534 |
| PRISONER COMPENSATION | 96535 |
| Money from the foregoing appropriation item 501403, Prisoner | 96536 |
| Compensation, shall be transferred on a quarterly basis by | 96537 |
| intrastate transfer voucher to the Services and Agricultural Fund | 96538 |
| (Fund 1480) for the purposes of paying prisoner compensation. | 96539 |
| OSU MEDICAL CHARGES | 96540 |
| Notwithstanding section 341.192 of the Revised Code, at the | 96541 |
| request of the Department of Rehabilitation and Correction, The | 96542 |
| Ohio State University Medical Center, including the James Cancer | 96543 |
| Hospital and Solove Research Institute and the Richard M. Ross | 96544 |
| Heart Hospital, shall provide necessary care to persons who are | 96545 |
| confined in state adult correctional facilities. The provision of | 96546 |
| necessary care shall be billed to the Department at a rate not to | 96547 |
| exceed the authorized reimbursement rate for the same service | 96548 |
| established by the Department of Job and Family Services under the | 96549 |
| Medical Assistance Program. | 96550 |
| Section 375.20. PILOT PROJECT FOR THE CONTRACTUAL PROVISION | 96551 |
| OF INMATE HEALTHCARE | 96552 |
| The Department of Rehabilitation and Correction shall | 96553 |
| develop, oversee, and evaluate a pilot project for the provision | 96554 |
| of comprehensive correctional health care services through private | 96555 |
| correctional health care contractors to complement the current | 96556 |
| system for the provision of health care services to inmates of | 96557 |
| state correctional facilities. Proposals shall be solicited | 96558 |
| through a request for proposals. The department shall determine | 96559 |
| the method for requesting proposals, the form of the | 96560 |
| request-for-proposal, and criteria for the provision of | 96561 |
| comprehensive correctional health care services under the pilot | 96562 |
| project. Comprehensive correctional health care services are | 96563 |
| medical, dental, and mental health care services comparable to | 96564 |
| those provided by the Department of Rehabilitation and Correction | 96565 |
| to inmates at and outside of state correctional facilities. The | 96566 |
| department shall determine the award of contracts based upon | 96567 |
| written criteria prepared by the department. | 96568 |
| A pilot project for the provision of comprehensive | 96569 |
| correctional health care services must include a minimum of 20 per | 96570 |
| cent of the current inmate population and be designed to include a | 96571 |
| representative sample of the inmate population in order to promote | 96572 |
| a realistic comparison of services and costs. The department shall | 96573 |
| control inmate participation in the pilot project based on current | 96574 |
| standard operating procedures and the need to maintain the | 96575 |
| representative sample of the inmate population. The department | 96576 |
| shall determine the locations for the pilot project and in making | 96577 |
| that determination shall give consideration to the geographic | 96578 |
| proximity of medical facilities to promote economies of scale. The | 96579 |
| locations shall include a representative sample of current | 96580 |
| facilities, the facilities' missions, and medical acuity. The mix | 96581 |
| of facilities shall remain consistent throughout the pilot project | 96582 |
| in order to promote a realistic comparison of costs and services. | 96583 |
| The pilot project shall be developed and implemented by | 96584 |
| January 1, 2010, for a period of two years, conditioned upon a | 96585 |
| private contractor offering a minimum of 10 per cent savings from | 96586 |
| the department's projected costs for comprehensive correctional | 96587 |
| health care services during the period of the project. The cost | 96588 |
| comparison shall include all on-site and off-site healthcare | 96589 |
| costs, including all personnel, benefit, administrative, overhead, | 96590 |
| and transportation costs. | 96591 |
| Section 377.10. RSC REHABILITATION SERVICES COMMISSION | 96592 |
| General Revenue Fund | 96593 |
| GRF | 415402 | Independent Living Council | $ | 360,000 | $ | 360,000 | 96594 | ||||
| GRF | 415406 | Assistive Technology | $ | 38,025 | $ | 38,025 | 96595 | ||||
| GRF | 415431 | Office for People with Brain Injury | $ | 180,810 | $ | 180,810 | 96596 | ||||
| GRF | 415506 | Services for People with Disabilities | $ | 17,738,043 | $ | 17,738,043 | 96597 | ||||
| GRF | 415508 | Services for the Deaf | $ | 100,000 | $ | 100,000 | 96598 | ||||
| TOTAL GRF General Revenue Fund | $ | 18,416,878 | $ | 18,416,878 | 96599 | ||||||
| General Services Fund Group | 96600 |
| 4670 | 415609 | Business Enterprise Operating Expenses | $ | 1,393,002 | $ | 1,389,851 | 96601 | ||||
| TOTAL GSF General Services | 96602 | ||||||||||
| Fund Group | $ | 1,393,002 | $ | 1,389,851 | 96603 | ||||||
| Federal Special Revenue Fund Group | 96604 |
| 3170 | 415620 | Disability Determination | $ | 81,685,226 | $ | 83,498,461 | 96605 | ||||
| 3790 | 415616 | Federal - Vocational Rehabilitation | $ | 130,057,624 | $ | 131,132,654 | 96606 | ||||
| 3L10 | 415601 | Social Security Personal Care Assistance | $ | 3,000,000 | $ | 2,700,000 | 96607 | ||||
| 3L10 | 415605 | Social Security Community Centers for the Deaf | $ | 750,000 | $ | 750,000 | 96608 | ||||
| 3L10 | 415608 | Social Security Special Programs/Assistance | $ | 1,752,714 | $ | 1,884,714 | 96609 | ||||
| 3L40 | 415612 | Federal Independent Living Centers or Services | $ | 620,880 | $ | 620,880 | 96610 | ||||
| 3L40 | 415615 | Federal - Supported Employment | $ | 883,214 | $ | 839,054 | 96611 | ||||
| 3L40 | 415617 | Independent Living/Vocational Rehabilitation Programs | $ | 1,951,862 | $ | 1,953,293 | 96612 | ||||
| TOTAL FED Federal Special | 96613 | ||||||||||
| Revenue Fund Group | $ | 220,701,520 | $ | 223,379,056 | 96614 | ||||||
| State Special Revenue Fund Group | 96615 |
| 4680 | 415618 | Third Party Funding | $ | 5,008,974 | $ | 5,008,974 | 96616 | ||||
| 4L10 | 415619 | Services for Rehabilitation | $ | 4,067,773 | $ | 3,994,154 | 96617 | ||||
| 4W50 | 415606 | Program Management Expenses | $ | 15,620,782 | $ | 15,767,803 | 96618 | ||||
| TOTAL SSR State Special | 96619 | ||||||||||
| Revenue Fund Group | $ | 24,697,529 | $ | 24,770,931 | 96620 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 265,208,929 | $ | 267,956,716 | 96621 | ||||||
| INDEPENDENT LIVING COUNCIL | 96622 |
| The foregoing appropriation item 415402, Independent Living | 96623 |
| Council, shall be used to fund the operations of the State | 96624 |
| Independent Living Council and shall be used to support state | 96625 |
| independent living centers and independent living services under | 96626 |
| Title VII of the Independent Living Services and Centers for | 96627 |
| Independent Living of the Rehabilitation Act Amendments of 1992, | 96628 |
| 106 Stat. 4344, 29 U.S.C. 796d. | 96629 |
| ASSISTIVE TECHNOLOGY | 96630 |
| The foregoing appropriation item 415406, Assistive | 96631 |
| Technology, shall be provided to Assistive Technology of Ohio and | 96632 |
| used to provide grants and assistive technology services under the | 96633 |
| program for people with disabilities in the State of Ohio. | 96634 |
| OFFICE FOR PEOPLE WITH BRAIN INJURY | 96635 |
| The foregoing appropriation item 415431, Office for People | 96636 |
| with Brain Injury, shall be used to plan and coordinate | 96637 |
| head-injury-related services provided by state agencies and other | 96638 |
| government or private entities, to assess the needs for such | 96639 |
| services, and to set priorities in this area. | 96640 |
| VOCATIONAL REHABILITATION SERVICES | 96641 |
| The foregoing appropriation item 415506, Services for People | 96642 |
| with Disabilities, shall be used as state matching funds to | 96643 |
| provide vocational rehabilitation services to eligible consumers. | 96644 |
| At the request of the Chancellor of the Board of Regents, the | 96645 |
| Director of Budget and Management may transfer any unexpended, | 96646 |
| unencumbered appropriation in fiscal year 2010 or fiscal year 2011 | 96647 |
| from appropriation item 235502, Student Support Services, to | 96648 |
| appropriation item 415506, Services for People with Disabilities. | 96649 |
| Any appropriation so transferred shall be used by the Ohio | 96650 |
| Rehabilitation Services Commission to obtain additional federal | 96651 |
| matching funds to serve disabled students. | 96652 |
| SERVICES FOR THE DEAF | 96653 |
| The foregoing appropriation item 415508, Services for the | 96654 |
| Deaf, shall be used to provide grants to community centers for | 96655 |
| the deaf. These funds shall not be provided in lieu of Social | 96656 |
| Security reimbursement funds. | 96657 |
| INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS | 96658 |
| The foregoing appropriation item 415617, Independent | 96659 |
| Living/Vocational Rehabilitation Programs, shall be used to | 96660 |
| support vocational rehabilitation programs. | 96661 |
| SOCIAL SECURITY REIMBURSEMENT FUNDS | 96662 |
| Reimbursement funds received from the Social Security | 96663 |
| Administration, United States Department of Health and Human | 96664 |
| Services, for the costs of providing services and training to | 96665 |
| return disability recipients to gainful employment shall be | 96666 |
| expended from the Social Security Reimbursement Fund (Fund 3L10), | 96667 |
| to the extent funds are available, as follows: | 96668 |
| (A) Appropriation item 415601, Social Security Personal Care | 96669 |
| Assistance, to provide personal care services in accordance with | 96670 |
| section 3304.41 of the Revised Code; | 96671 |
| (B) Appropriation item 415605, Social Security Community | 96672 |
| Centers for the Deaf, to provide grants to community centers for | 96673 |
| the deaf in Ohio for services to individuals with hearing | 96674 |
| impairments; and | 96675 |
| (C) Appropriation item 415608, Social Security Special | 96676 |
| Programs/Assistance, to provide vocational rehabilitation services | 96677 |
| to individuals with severe disabilities who are Social Security | 96678 |
| beneficiaries, to enable them to achieve competitive employment. | 96679 |
| This appropriation item shall also be used to pay a portion of | 96680 |
| indirect costs of the Personal Care Assistance Program and the | 96681 |
| Independent Living Programs as mandated by federal OMB Circular | 96682 |
| A-87. | 96683 |
| PROGRAM MANAGEMENT EXPENSES | 96684 |
| The foregoing appropriation item 415606, Program Management | 96685 |
| Expenses, shall be used to support the administrative functions of | 96686 |
| the commission related to the provision of vocational | 96687 |
| rehabilitation, disability determination services, and ancillary | 96688 |
| programs. | 96689 |
| Section 379.10. RCB RESPIRATORY CARE BOARD | 96690 |
| General Services Fund Group | 96691 |
| 4K90 | 872609 | Operating Expenses | $ | 488,142 | $ | 488,142 | 96692 | ||||
| TOTAL GSF General Services | 96693 | ||||||||||
| Fund Group | $ | 488,142 | $ | 488,142 | 96694 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 488,142 | $ | 488,142 | 96695 | ||||||
| Section 381.10. RDF REVENUE DISTRIBUTION FUNDS | 96697 |
| Volunteer Firefighters' Dependents Fund | 96698 |
| 7085 | 800985 | Volunteer Firemen's Dependents Fund | $ | 300,000 | $ | 300,000 | 96699 | ||||
| TOTAL 085 Volunteer Firefighters' | 96700 | ||||||||||
| Dependents Fund | $ | 300,000 | $ | 300,000 | 96701 | ||||||
| Agency Fund Group | 96702 | ||||||||||
| 4P80 | 001698 | Cash Management Improvement Fund | $ | 3,100,000 | $ | 3,100,000 | 96703 | ||||
| 6080 | 001699 | Investment Earnings | $ | 250,000,000 | $ | 250,000,000 | 96704 | ||||
| 7062 | 110962 | Resort Area Excise Tax | $ | 1,000,000 | $ | 1,000,000 | 96705 | ||||
| 7063 | 110963 | Permissive Tax Distribution | $ | 1,849,000,000 | $ | 1,849,000,000 | 96706 | ||||
| 7067 | 110967 | School District Income Tax | $ | 350,000,000 | $ | 350,000,000 | 96707 | ||||
| TOTAL AGY Agency Fund Group | $ | 2,453,100,000 | $ | 2,453,100,000 | 96708 | ||||||
| Holding Account Redistribution | 96709 |
| R045 | 110617 | International Fuel Tax Distribution | $ | 50,000,000 | $ | 50,000,000 | 96710 | ||||
| TOTAL 090 Holding Account Redistribution Fund | $ | 50,000,000 | $ | 50,000,000 | 96711 | ||||||
| Revenue Distribution Fund Group | 96712 | ||||||||||
| 7049 | 038900 | Indigent Drivers Alcohol Treatment | $ | 2,200,000 | $ | 2,200,000 | 96713 | ||||
| 7050 | 762900 | International Registration Plan Distribution | $ | 30,000,000 | $ | 30,000,000 | 96714 | ||||
| 7051 | 762901 | Auto Registration Distribution | $ | 539,000,000 | $ | 539,000,000 | 96715 | ||||
| 7054 | 110954 | Local Government Property Tax Replacement - Utility | $ | 95,125,000 | $ | 95,125,000 | 96716 | ||||
| 7060 | 110960 | Gasoline Excise Tax Fund | $ | 375,000,000 | $ | 375,000,000 | 96717 | ||||
| 7065 | 110965 | Public Library Fund | $ | 406,100,000 | $ | 407,400,000 | 96718 | ||||
| 7066 | 800966 | Undivided Liquor Permits | $ | 13,500,000 | $ | 13,500,000 | 96719 | ||||
| 7068 | 110968 | State and Local Government Highway Distribution | $ | 242,500,000 | $ | 242,500,000 | 96720 | ||||
| 7069 | 110969 | Local Government Fund | $ | 673,700,000 | $ | 676,000,000 | 96721 | ||||
| 7081 | 110981 | Local Government Property Tax Replacement-Business | $ | 366,800,000 | $ | 378,000,000 | 96722 | ||||
| 7082 | 110982 | Horse Racing Tax | $ | 130,000 | $ | 130,000 | 96723 | ||||
| 7083 | 700900 | Ohio Fairs Fund | $ | 2,325,000 | $ | 2,325,000 | 96724 | ||||
| TOTAL RDF Revenue Distribution | 96725 | ||||||||||
| Fund Group | $ | 2,746,380,000 | $ | 2,761,180,000 | 96726 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 5,249,780,000 | $ | 5,264,580,000 | 96727 | ||||||
| ADDITIONAL APPROPRIATIONS | 96728 |
| Appropriation items in this section shall be used for the | 96729 |
| purpose of administering and distributing the designated revenue | 96730 |
| distribution funds according to the Revised Code. If it is | 96731 |
| determined that additional appropriations are necessary for this | 96732 |
| purpose, such amounts are hereby appropriated. | 96733 |
| GENERAL REVENUE FUND TRANSFERS | 96734 |
| Notwithstanding any provision of law to the contrary, in | 96735 |
| fiscal year 2010 and fiscal year 2011, the Director of Budget and | 96736 |
| Management may transfer from the General Revenue Fund to the Local | 96737 |
| Government Tangible Property Tax Replacement Fund (Fund 7081) in | 96738 |
| the Revenue Distribution Fund Group, those amounts necessary to | 96739 |
| reimburse local taxing units under section 5751.22 of the Revised | 96740 |
| Code. Also, in fiscal year 2010 and fiscal year 2011, the | 96741 |
| Director of Budget and Management may make temporary transfers | 96742 |
| from the General Revenue Fund to ensure sufficient balances in | 96743 |
| the Local Government Tangible Property Tax Replacement Fund (Fund | 96744 |
| 7081) and to replenish the General Revenue Fund for such | 96745 |
| transfers. | 96746 |
| On July 1 of each fiscal year, or as soon as possible | 96747 |
| thereafter, the Director of Budget and Management shall transfer | 96748 |
| $5,000,000 cash from the General Revenue Fund to the Public | 96749 |
| Library Fund (Fund 7065). | 96750 |
| On July 1, 2010, or as soon as possible thereafter, the | 96751 |
| Director of Budget and Management shall transfer $11,200,000 cash | 96752 |
| from the General Revenue Fund to the Local Government Property Tax | 96753 |
| Replacement-Business Fund (Fund 7081). | 96754 |
| Section 383.10. SAN BOARD OF SANITARIAN REGISTRATION | 96755 |
| General Services Fund Group | 96756 |
| 4K90 | 893609 | Operating Expenses | $ | 130,000 | $ | 130,000 | 96757 | ||||
| TOTAL GSF General Services | 96758 | ||||||||||
| Fund Group | $ | 130,000 | $ | 130,000 | 96759 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 130,000 | $ | 130,000 | 96760 | ||||||
| Section 384.10. OSB OHIO STATE SCHOOL FOR THE BLIND | 96762 |
| General Revenue Fund | 96763 |
| GRF | 226100 | Personal Services | $ | 7,326,155 | $ | 7,326,155 | 96764 | ||||
| GRF | 226200 | Maintenance | $ | 688,363 | $ | 688,363 | 96765 | ||||
| GRF | 226300 | Equipment | $ | 72,783 | $ | 72,783 | 96766 | ||||
| TOTAL GRF General Revenue Fund | $ | 8,087,301 | $ | 8,087,301 | 96767 | ||||||
| General Services Fund Group | 96768 |
| 4H80 | 226602 | Education Reform Grants | $ | 61,000 | $ | 61,000 | 96769 | ||||
| TOTAL GSF General Services | 96770 | ||||||||||
| Fund Group | $ | 61,000 | $ | 61,000 | 96771 | ||||||
| Federal Special Revenue Fund Group | 96772 |
| 3100 | 226626 | Coordinating Unit | $ | 2,527,105 | $ | 2,527,105 | 96773 | ||||
| 3P50 | 226643 | Medicaid Professional Services Reimbursement | $ | 50,000 | $ | 50,000 | 96774 | ||||
| TOTAL FED Federal Special | 96775 | ||||||||||
| Revenue Fund Group | $ | 2,577,105 | $ | 2,577,105 | 96776 | ||||||
| State Special Revenue Fund Group | 96777 |
| 4M50 | 226601 | Work Study and Technology Investment | $ | 250,000 | $ | 250,000 | 96778 | ||||
| TOTAL SSR State Special Revenue | 96779 | ||||||||||
| Fund Group | $ | 250,000 | $ | 250,000 | 96780 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 10,975,406 | $ | 10,975,406 | 96781 | ||||||
| Section 384.50. OSD OHIO SCHOOL FOR THE DEAF | 96783 |
| General Revenue Fund | 96784 |
| GRF | 221100 | Personal Services | $ | 8,713,704 | $ | 8,713,704 | 96785 | ||||
| GRF | 221200 | Maintenance | $ | 905,035 | $ | 905,035 | 96786 | ||||
| GRF | 221300 | Equipment | $ | 78,650 | $ | 78,650 | 96787 | ||||
| TOTAL GRF General Revenue Fund | $ | 9,697,389 | $ | 9,697,389 | 96788 | ||||||
| General Services Fund Group | 96789 |
| 4M10 | 221602 | Education Reform Grants | $ | 76,000 | $ | 76,000 | 96790 | ||||
| TOTAL GSF General Services | 96791 | ||||||||||
| Fund Group | $ | 76,000 | $ | 76,000 | 96792 | ||||||
| Federal Special Revenue Fund Group | 96793 |
| 3110 | 221625 | Coordinating Unit | $ | 2,460,135 | $ | 2,460,135 | 96794 | ||||
| 3AD0 | 221604 | VREAL Ohio | $ | 25,000 | $ | 25,000 | 96795 | ||||
| 3R00 | 221684 | Medicaid Professional Services Reimbursement | $ | 35,000 | $ | 35,000 | 96796 | ||||
| 3Y10 | 221686 | Early Childhood Grant | $ | 300,000 | $ | 300,000 | 96797 | ||||
| TOTAL FED Federal Special | 96798 | ||||||||||
| Revenue Fund Group | $ | 2,820,135 | $ | 2,820,135 | 96799 | ||||||
| State Special Revenue Fund Group | 96800 |
| 4M00 | 221601 | Educational Program Expenses | $ | 190,000 | $ | 190,000 | 96801 | ||||
| 5H60 | 221609 | Even Start Fees and Gifts | $ | 250,716 | $ | 250,716 | 96802 | ||||
| TOTAL SSR State Special Revenue | 96803 | ||||||||||
| Fund Group | $ | 440,716 | $ | 440,716 | 96804 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 13,034,240 | $ | 13,034,240 | 96805 | ||||||
| Section 385.10. SFC SCHOOL FACILITIES COMMISSION | 96807 |
| General Revenue Fund | 96808 |
| GRF | 230908 | Common Schools General Obligation Debt Service | $ | 192,559,200 | $ | 165,510,500 | 96809 | ||||
| TOTAL GRF General Revenue Fund | $ | 192,559,200 | $ | 165,510,500 | 96810 | ||||||
| State Special Revenue Fund Group | 96811 |
| 5E30 | 230644 | Operating Expenses | $ | 9,250,000 | $ | 9,750,000 | 96812 | ||||
| TOTAL SSR State Special Revenue | 96813 | ||||||||||
| Fund Group | $ | 9,250,000 | $ | 9,750,000 | 96814 | ||||||
| School Building Assistance Fund Group | 96815 |
| 5S60 | 230602 | Community School Loan Guarantee | $ | 102,000 | $ | 102,000 | 96816 | ||||
| TOTAL SBA School Building Assistance Fund Group | $ | 102,000 | $ | 102,000 | 96817 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 201,911,200 | $ | 175,362,500 | 96818 | ||||||
| Section 385.20. COMMON SCHOOLS GENERAL OBLIGATION DEBT | 96820 |
| SERVICE | 96821 |
| The foregoing appropriation item 230908, Common Schools | 96822 |
| General Obligation Debt Service, shall be used to pay all debt | 96823 |
| service and related financing costs at the times they are required | 96824 |
| to be made for obligations issued during the period from July 1, | 96825 |
| 2009, through June 30, 2011, under sections 151.01 and 151.03 of | 96826 |
| the Revised Code. | 96827 |
| OPERATING EXPENSES | 96828 |
| The foregoing appropriation item 230644, Operating Expenses, | 96829 |
| shall be used by the Ohio School Facilities Commission to carry | 96830 |
| out its responsibilities under this section and Chapter 3318. of | 96831 |
| the Revised Code. | 96832 |
| In both fiscal years 2010 and 2011, the Executive Director of | 96833 |
| the Ohio School Facilities Commission shall certify on a quarterly | 96834 |
| basis to the Director of Budget and Management the amount of cash | 96835 |
| from interest earnings to be transferred from the School Building | 96836 |
| Assistance Fund (Fund 7032), the Public School Building Fund (Fund | 96837 |
| 7021), and the Educational Facilities Trust Fund (Fund N087) to | 96838 |
| the Ohio School Facilities Commission Fund (Fund 5E30). The | 96839 |
| amount transferred from the School Building Assistance Fund (Fund | 96840 |
| 7032) may not exceed investment earnings credited to the fund, | 96841 |
| less any amount required to be paid for federal arbitrage rebate | 96842 |
| purposes. | 96843 |
| If the Executive Director of the Ohio School Facilities | 96844 |
| Commission determines that transferring cash from interest | 96845 |
| earnings is insufficient to support operations and carry out its | 96846 |
| responsibilities under this section and Chapter 3318. of the | 96847 |
| Revised Code, the Commission may, with the approval of the | 96848 |
| Controlling Board, transfer cash not generated from interest from | 96849 |
| the Public School Building Fund (Fund 7021) and the Educational | 96850 |
| Trust Fund (Fund N087) to the Ohio School Facilities Commission | 96851 |
| Fund (Fund 5E30). | 96852 |
| SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION | 96853 |
| At the request of the Executive Director of the Ohio School | 96854 |
| Facilities Commission, the Director of Budget and Management may | 96855 |
| cancel encumbrances for school district projects from a previous | 96856 |
| biennium if the district has not raised its local share of project | 96857 |
| costs within one year of receiving Controlling Board approval | 96858 |
| under section 3318.05 of the Revised Code. The Executive Director | 96859 |
| of the Ohio School Facilities Commission shall certify the amounts | 96860 |
| of the canceled encumbrances to the Director of Budget and | 96861 |
| Management on a quarterly basis. The amounts of the canceled | 96862 |
| encumbrances are hereby appropriated. | 96863 |
| Section 385.50. EXTREME ENVIRONMENTAL CONTAMINATION OF SCHOOL | 96864 |
| FACILITIES | 96865 |
| Notwithstanding any other provision of law to the contrary, | 96866 |
| the Ohio School Facilities Commission may provide assistance under | 96867 |
| the Exceptional Needs School Facilities Program established in | 96868 |
| section 3318.37 of the Revised Code to any school district, and | 96869 |
| not exclusively to a school district in the lowest seventy-five | 96870 |
| per cent of adjusted valuation per pupil on the current ranking of | 96871 |
| school districts established under section 3318.011 of the Revised | 96872 |
| Code, for the purpose of the relocation or replacement of school | 96873 |
| facilities required as a result of extreme environmental | 96874 |
| contamination. | 96875 |
| The school district's portion of a project to replace a | 96876 |
| contaminated facility undertaken pursuant to this section shall | 96877 |
| not exceed fifty per cent of the cost of the project. This | 96878 |
| paragraph does not affect the district's portion of the cost of | 96879 |
| subsequent classroom facilities projects the district may | 96880 |
| undertake under Chapter 3318. of the Revised Code. | 96881 |
| The Ohio School Facilities Commission shall contract with an | 96882 |
| independent environmental consultant to conduct a study and to | 96883 |
| report to the Commission as to the seriousness of the | 96884 |
| environmental contamination, whether the contamination violates | 96885 |
| applicable state and federal standards, and whether the facilities | 96886 |
| are no longer suitable for use as school facilities. The | 96887 |
| Commission then shall make a determination regarding funding for | 96888 |
| the relocation or replacement of the school facilities. If the | 96889 |
| federal government or other public or private entity provides | 96890 |
| funds for restitution of costs incurred by the state or school | 96891 |
| district in the relocation or replacement of the school | 96892 |
| facilities, the school district shall use such funds in excess of | 96893 |
| the school district's share to refund the state for the state's | 96894 |
| contribution to the environmental contamination portion of the | 96895 |
| project. The school district may apply an amount of such | 96896 |
| restitution funds up to an amount equal to the school district's | 96897 |
| portion of the project, as defined by the Commission, toward | 96898 |
| paying its portion of that project to reduce the amount of bonds | 96899 |
| the school district otherwise must issue to receive state | 96900 |
| assistance under sections 3318.01 to 3318.20 of the Revised Code. | 96901 |
| Section 385.60. CANTON CITY SCHOOL DISTRICT PROJECT | 96902 |
| (A) The Ohio School Facilities Commission may commit up to | 96903 |
| thirty-five million dollars to the Canton City School District for | 96904 |
| construction of a facility described in this section, in lieu of a | 96905 |
| high school that would otherwise be authorized under Chapter 3318. | 96906 |
| of the Revised Code. The Commission shall not commit funds under | 96907 |
| this section unless all of the following conditions are met: | 96908 |
| (1) The District has entered into a cooperative agreement | 96909 |
| with a state-assisted technical college; | 96910 |
| (2) The District has received an irrevocable commitment of | 96911 |
| additional funding from nonpublic sources; and | 96912 |
| (3) The facility is intended to serve both secondary and | 96913 |
| postsecondary instructional purposes. | 96914 |
| (B) The Commission shall enter into an agreement with the | 96915 |
| District for the construction of the facility authorized under | 96916 |
| this section that is separate from and in addition to the | 96917 |
| agreement required for the District's participation in the | 96918 |
| Classroom Facilities Assistance Program under section 3318.08 of | 96919 |
| the Revised Code. Notwithstanding that section and sections | 96920 |
| 3318.03, 3318.04, and 3318.083 of the Revised Code, the additional | 96921 |
| agreement shall provide, but not be limited to, the following: | 96922 |
| (1) The Commission shall not have any oversight | 96923 |
| responsibilities over the construction of the facility. | 96924 |
| (2) The facility need not comply with the specifications for | 96925 |
| plans and materials for high schools adopted by the Commission. | 96926 |
| (3) The Commission may decrease the basic project cost that | 96927 |
| would otherwise be calculated for a high school under Chapter | 96928 |
| 3318. of the Revised Code. | 96929 |
| (4) The state shall not share in any increases in the basic | 96930 |
| project cost for the facility above the amount authorized under | 96931 |
| this section. | 96932 |
| All other provisions of Chapter 3318. of the Revised Code | 96933 |
| apply to the approval and construction of a facility authorized | 96934 |
| under this section. | 96935 |
| The state funds committed to the facility authorized by this | 96936 |
| section shall be part of the total amount the state commits to the | 96937 |
| Canton City School District under Chapter 3318. of the Revised | 96938 |
| Code. All additional state funds committed to the Canton City | 96939 |
| School District for classroom facilities assistance shall be | 96940 |
| subject to all provisions of Chapter 3318. of the Revised Code. | 96941 |
| Section 385.70. Notwithstanding section 3318.05 of the | 96942 |
| Revised Code, for each school district whose project under | 96943 |
| sections 3318.01 to 3318.20 of the Revised Code was conditionally | 96944 |
| approved by the Ohio School Facilities Commission in July 2008, | 96945 |
| that conditional approval shall lapse and the amount reserved and | 96946 |
| encumbered for the project shall be released on December 31, 2009. | 96947 |
| Section 385.80. Notwithstanding any provision of Chapter | 96948 |
| 3318. of the Revised Code to the contrary, and notwithstanding the | 96949 |
| agreement between the Cincinnati City School District and the Ohio | 96950 |
| School Facilities Commission under section 3318.08 of the Revised | 96951 |
| Code, the Commission shall encumber and pay state funds to the | 96952 |
| District in the amount of $4,000,000, in addition to the amount | 96953 |
| prescribed in that agreement, for the purpose of dedicating | 96954 |
| additional state funding toward the acquisition of the School for | 96955 |
| the Creative and Performing Arts, as that building is included in | 96956 |
| the District's project under section 3318.38 of the Revised Code. | 96957 |
| The District shall use the funds paid under this section solely | 96958 |
| for that purpose. The School for the Creative and Performing Arts | 96959 |
| need not comply with the specifications included in the Ohio | 96960 |
| Design Manual adopted by the Commission to implement classroom | 96961 |
| facilities projects under Chapter 3318. of the Revised Code. This | 96962 |
| section shall not affect any other building included in the | 96963 |
| District's project under section 3318.38 of the Revised Code, nor | 96964 |
| shall it affect the state's portion of funding for the remainder | 96965 |
| of that project. | 96966 |
| The Commission shall use funds appropriated to it for | 96967 |
| classroom facilities projects to pay the funds required under this | 96968 |
| section. The Commission shall encumber the funds required under | 96969 |
| this section in accordance with section 3318.11 of the Revised | 96970 |
| Code. | 96971 |
| Section 385.85. In fiscal years 2010 through 2012, the Ohio | 96972 |
| School Facilities Commission may approve one or more projects | 96973 |
| under the Exceptional Needs School Facilities Assistance Program | 96974 |
| established under that section for any school district that meets | 96975 |
| the following conditions: | 96976 |
| (A) The district initially applied for the Exceptional Needs | 96977 |
| Program in fiscal year 2008. | 96978 |
| (B) The district's position on the rankings certified under | 96979 |
| section 3318.011 of the Revised Code for fiscal year 2009 is | 96980 |
| higher than three hundred sixty. | 96981 |
| Section 385.90. (A) As used in this section: | 96982 |
| (1) "Basic project cost," "percentile," and "project" have | 96983 |
| the same meanings as in section 3318.01 of the Revised Code. | 96984 |
| (2) "Equity list" means the school district percentile | 96985 |
| rankings calculated under section 3318.011 of the Revised Code. | 96986 |
| (3) A school district's "portion of the basic project cost" | 96987 |
| means the amount calculated under section 3318.032 of the Revised | 96988 |
| Code. | 96989 |
| (B) Notwithstanding any provision of Chapter 3318. of the | 96990 |
| Revised Code to the contrary, in the case of a school district | 96991 |
| that received in fiscal year 2008 elector approval for a bond | 96992 |
| issue for its portion of the basic project cost of a project under | 96993 |
| sections 3318.01 to 3318.20 of the Revised Code, based on a | 96994 |
| preliminary estimated equity list projecting rankings of school | 96995 |
| districts if amendments to section 3318.011 of the Revised Code | 96996 |
| enacted by Am. Sub. H.B. 119 of the 127th General Assembly had | 96997 |
| been effective for projects in that fiscal year, and which | 96998 |
| district on the alternate equity list for fiscal year 2009 funding | 96999 |
| required by Section 733.13 of Am. Sub. H.B. 562 of the 127th | 97000 |
| General Assembly, retroactively applying those amendments, was | 97001 |
| ranked one percentile higher than on the preliminary estimated | 97002 |
| equity list, resulting in the district's calculated portion being | 97003 |
| one per cent higher than the amount projected at the time of the | 97004 |
| bond issue election, the Ohio School Facilities Commission shall | 97005 |
| reduce the district's portion to that projected on the preliminary | 97006 |
| estimated equity list. | 97007 |
| PAYMENT OF DEBT FOR STATEHOUSE RESTORATION | 97008 |
| There is hereby appropriated from the Public School Building | 97009 |
| Fund (Fund 7021) in fiscal year 2010 the amount necessary to pay | 97010 |
| any outstanding debt obligations issued for the restoration of the | 97011 |
| Ohio Statehouse that was completed in 1996. | 97012 |
| Section 387.10. SOS SECRETARY OF STATE | 97013 |
| General Revenue Fund | 97014 |
| GRF | 050321 | Operating Expenses | $ | 2,464,293 | $ | 2,221,793 | 97015 | ||||
| GRF | 050407 | Pollworkers Training | $ | 250,197 | $ | 250,197 | 97016 | ||||
| TOTAL GRF General Revenue Fund | $ | 2,714,490 | $ | 2,471,990 | 97017 | ||||||
| General Services Fund Group | 97018 |
| 4120 | 050609 | Notary Commission | $ | 500,000 | $ | 500,000 | 97019 | ||||
| 4130 | 050601 | Information Systems | $ | 75,000 | $ | 50,000 | 97020 | ||||
| 4140 | 050602 | Citizen Education Fund | $ | 55,712 | $ | 55,712 | 97021 | ||||
| 4S80 | 050610 | Board of Voting Machine Examiners | $ | 7,200 | $ | 7,200 | 97022 | ||||
| 5FG0 | 050620 | BOE Reimbursement and Education | $ | 100,000 | $ | 100,000 | 97023 | ||||
| 5FH0 | 050621 | Statewide Ballot Advertising | $ | 300,000 | $ | 300,000 | 97024 | ||||
| 5FJ0 | 050622 | County Voting Machine Revolving Lease/Loan Fund | $ | 500,000 | $ | 500,000 | 97025 | ||||
| TOTAL General Services Fund Group | $ | 1,537,912 | $ | 1,512,912 | 97026 | ||||||
| Federal Special Revenue Fund Group | 97027 |
| 3AH0 | 050614 | Election Reform/Health and Human Services | $ | 800,000 | $ | 800,000 | 97028 | ||||
| 3AS0 | 050616 | 2005 HAVA Voting Machines | $ | 3,000,000 | $ | 3,000,000 | 97029 | ||||
| TOTAL FED Federal Special Revenue | 97030 | ||||||||||
| Fund Group | $ | 3,800,000 | $ | 3,800,000 | 97031 | ||||||
| State Special Revenue Fund Group | 97032 |
| 5990 | 050603 | Business Services Operating Expenses | $ | 14,086,100 | $ | 14,245,400 | 97033 | ||||
| 5N90 | 050607 | Technology Improvements | $ | 180,000 | $ | 180,000 | 97034 | ||||
| TOTAL SSR State Special Revenue | 97035 | ||||||||||
| Fund Group | $ | 14,266,100 | $ | 14,425,400 | 97036 | ||||||
| Holding Account Redistribution Fund Group | 97037 |
| R001 | 050605 | Uniform Commercial Code Refunds | $ | 30,000 | $ | 30,000 | 97038 | ||||
| R002 | 050606 | Corporate/Business Filing Refunds | $ | 85,000 | $ | 85,000 | 97039 | ||||
| TOTAL 090 Holding Account | 97040 | ||||||||||
| Redistribution Fund Group | $ | 115,000 | $ | 115,000 | 97041 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 22,433,502 | $ | 22,325,302 | 97042 | ||||||
| BOARD OF VOTING MACHINE EXAMINERS | 97043 |
| The foregoing appropriation item 050610, Board of Voting | 97044 |
| Machine Examiners, shall be used to pay for the services and | 97045 |
| expenses of the members of the Board of Voting Machine Examiners, | 97046 |
| and for other expenses that are authorized to be paid from the | 97047 |
| Board of Voting Machine Examiners Fund, which is created in | 97048 |
| section 3506.05 of the Revised Code. Moneys not used shall be | 97049 |
| returned to the person or entity submitting equipment for | 97050 |
| examination. If it is determined that additional appropriations | 97051 |
| are necessary, such amounts are hereby appropriated. | 97052 |
| CASH TRANSFER TO THE COUNTY VOTING MACHINE REVOLVING | 97053 |
| LEASE/LOAN FUND | 97054 |
| Not later than the first day of June of each fiscal year, the | 97055 |
| Director of Budget and Management shall transfer $500,000 cash | 97056 |
| from the Business Services Fund (Fund 5990) to the County Voting | 97057 |
| Machine Revolving Lease/Loan Fund (Fund 5FJ0). | 97058 |
| In accordance with the requirements of The Help America Vote | 97059 |
| Act Pub. L. No. 107-252, on July 1, 2009, or as soon as possible | 97060 |
| thereafter, the Director of Budget and Management shall transfer | 97061 |
| $2,645,076 from the 2005 HAVA Voting Machines Fund (Fund 3AS0) to | 97062 |
| the County Voting Machine Revolving Lease/Loan Fund (Fund 5FJ0) | 97063 |
| for distribution to the counties, as follows: | 97064 |
| County | Amount | 97065 | |
| Adams | $5,985 | 97066 | |
| Allen | $27,275 | 97067 | |
| Ashland | $11,781 | 97068 | |
| Ashtabula | $28,627 | 97069 | |
| Athens | $15,553 | 97070 | |
| Auglaize | $9,016 | 97071 | |
| Belmont | $14,994 | 97072 | |
| Brown | $7,889 | 97073 | |
| Butler | $80,577 | 97074 | |
| Carroll | $6,804 | 97075 | |
| Champaign | $6,312 | 97076 | |
| Clark | $22,541 | 97077 | |
| Clermont | $45,082 | 97078 | |
| Clinton | $8,566 | 97079 | |
| Columbiana | $23,217 | 97080 | |
| Coshocton | $7,686 | 97081 | |
| Crawford | $10,017 | 97082 | |
| Cuyahoga | $323,691 | 97083 | |
| Darke | $12,978 | 97084 | |
| Defiance | $8,757 | 97085 | |
| Delaware | $34,083 | 97086 | |
| Erie | $13,976 | 97087 | |
| Fairfield | $30,996 | 97088 | |
| Fayette | $5,861 | 97089 | |
| Franklin | $265,104 | 97090 | |
| Fulton | $9,702 | 97091 | |
| Gallia | $8,001 | 97092 | |
| Geauga | $21,640 | 97093 | |
| Greene | $35,595 | 97094 | |
| Guernsey | $9,135 | 97095 | |
| Hamilton | $198,362 | 97096 | |
| Hancock | $16,821 | 97097 | |
| Hardin | $6,426 | 97098 | |
| Harrison | $3,906 | 97099 | |
| Henry | $6,678 | 97100 | |
| Highland | $9,576 | 97101 | |
| Hocking | $6,174 | 97102 | |
| Holmes | $6,048 | 97103 | |
| Huron | $13,356 | 97104 | |
| Jackson | $8,127 | 97105 | |
| Jefferson | $16,821 | 97106 | |
| Knox | $12,537 | 97107 | |
| Lake | $54,243 | 97108 | |
| Lawrence | $18,934 | 97109 | |
| Licking | $37,737 | 97110 | |
| Logan | $9,918 | 97111 | |
| Lorain | $66,591 | 97112 | |
| Lucas | $101,619 | 97113 | |
| Madison | $9,693 | 97114 | |
| Mahoning | $66,024 | 97115 | |
| Marion | $14,679 | 97116 | |
| Medina | $40,068 | 97117 | |
| Meigs | $6,086 | 97118 | |
| Mercer | $6,441 | 97119 | |
| Miami | $24,444 | 97120 | |
| Monroe | $6,312 | 97121 | |
| Montgomery | $132,741 | 97122 | |
| Morgan | $3,150 | 97123 | |
| Morrow | $8,190 | 97124 | |
| Muskingum | $17,451 | 97125 | |
| Noble | $6,086 | 97126 | |
| Ottawa | $9,918 | 97127 | |
| Paulding | $4,788 | 97128 | |
| Perry | $7,938 | 97129 | |
| Pickaway | $10,206 | 97130 | |
| Pike | $6,678 | 97131 | |
| Portage | $37,107 | 97132 | |
| Preble | $10,144 | 97133 | |
| Putnam | $7,889 | 97134 | |
| Richland | $30,933 | 97135 | |
| Ross | $14,742 | 97136 | |
| Sandusky | $16,230 | 97137 | |
| Scioto | $15,255 | 97138 | |
| Seneca | $11,496 | 97139 | |
| Shelby | $7,889 | 97140 | |
| Stark | $90,720 | 97141 | |
| Summit | $107,070 | 97142 | |
| Trumbull | $48,258 | 97143 | |
| Tuscarawas | $18,837 | 97144 | |
| Union | $10,206 | 97145 | |
| Van Wert | $6,610 | 97146 | |
| Vinton | $4,508 | 97147 | |
| Warren | $38,771 | 97148 | |
| Washington | $12,623 | 97149 | |
| Wayne | $23,625 | 97150 | |
| Williams | $9,918 | 97151 | |
| Wood | $30,681 | 97152 | |
| Wyandot | $5,355 | 97153 |
| No county shall receive a distribution under this section | 97154 |
| until it has entered into an agreement with the Secretary of State | 97155 |
| governing the use of the distribution it is to receive. The | 97156 |
| distributions are also subject to Controlling Board approval. | 97157 |
| Distributions under this section shall only be used to cover | 97158 |
| expenses related to contractual voting equipment maintenance fees, | 97159 |
| voting equipment software or firmware license fees, voting | 97160 |
| equipment support fees, and the acquisition of replacement or | 97161 |
| additional voting equipment incurred during the 2010 calendar | 97162 |
| year. | 97163 |
| HAVA FUNDS | 97164 |
| An amount equal to the unexpended, unencumbered portion of | 97165 |
| appropriation item 050616, 2005 HAVA Voting Machines, at the end | 97166 |
| of fiscal year 2010 is reappropriated for the same purpose in | 97167 |
| fiscal year 2011. | 97168 |
| An amount equal to the unexpended, unencumbered portion of | 97169 |
| appropriation item 050614, Election Reform/Health and Human | 97170 |
| Services, at the end of fiscal year 2010 is reappropriated for the | 97171 |
| same purpose in fiscal year 2011. | 97172 |
| On July 1, 2009, or as soon as possible thereafter, the | 97173 |
| Director of Budget and Management shall transfer from the General | 97174 |
| Revenue Fund to the credit of the Election Data Collection Grant | 97175 |
| Fund (Fund 3AC0), all investment earnings and amounts equal to the | 97176 |
| interest earnings attributable to Fund 3AC0 in each quarter of | 97177 |
| fiscal year 2009 to Fund 3AC0. An amount equal to the unexpended, | 97178 |
| unencumbered portion of appropriation item 050619, Election Data | 97179 |
| Collection Grant, at the end of fiscal year 2009 is reappropriated | 97180 |
| in fiscal year 2010 for the same purpose. | 97181 |
| The Director of Budget and Management shall credit the | 97182 |
| ongoing interest earnings from the Election Reform/Health and | 97183 |
| Human Services Fund (Fund 3AH0), the 2005 HAVA Voting Machines | 97184 |
| Fund (Fund 3AS0), and the Election Data Collection Grant Fund | 97185 |
| (Fund 3AC0) to the respective funds and distribute these earnings | 97186 |
| in accordance with the terms of the grant under which the money | 97187 |
| is received. | 97188 |
| HOLDING ACCOUNT REDISTRIBUTION GROUP | 97189 |
| The foregoing appropriation items 050605, Uniform Commercial | 97190 |
| Code Refunds, and 050606, Corporate/Business Filing Refunds, shall | 97191 |
| be used to hold revenues until they are directed to the | 97192 |
| appropriate accounts or until they are refunded. If it is | 97193 |
| determined that additional appropriations are necessary, such | 97194 |
| amounts are hereby appropriated. | 97195 |
| CASH TRANSFER TO THE CORPORATE AND UNIFORM COMMERCIAL CODE | 97196 |
| FILING FUND | 97197 |
| On July 1, 2009, or as soon as possible thereafter, the | 97198 |
| Director of Budget and Management shall transfer $53,915.40 cash | 97199 |
| from the Public Utility Territorial Administration Fund (Fund | 97200 |
| 5590) to the Corporate and Uniform Commercial Code Filing Fund | 97201 |
| (Fund 5990). | 97202 |
| Section 389.10. SEN THE OHIO SENATE | 97203 |
| General Revenue Fund | 97204 |
| GRF | 020321 | Operating Expenses | $ | 10,911,095 | $ | 10,911,095 | 97205 | ||||
| TOTAL GRF General Revenue Fund | $ | 10,911,095 | $ | 10,911,095 | 97206 | ||||||
| General Services Fund Group | 97207 |
| 1020 | 020602 | Senate Reimbursement | $ | 852,001 | $ | 852,001 | 97208 | ||||
| 4090 | 020601 | Miscellaneous Sales | $ | 34,497 | $ | 34,497 | 97209 | ||||
| TOTAL GSF General Services | 97210 | ||||||||||
| Fund Group | $ | 886,498 | $ | 886,498 | 97211 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 11,797,593 | $ | 11,797,593 | 97212 | ||||||
| OPERATING EXPENSES | 97213 |
| On July 1, 2009, or as soon as possible thereafter, the Clerk | 97214 |
| of the Senate may certify to the Director of Budget and Management | 97215 |
| the amount of the unexpended, unencumbered balance of the | 97216 |
| foregoing appropriation item 020321, Operating Expenses, at the | 97217 |
| end of fiscal year 2009 to be reappropriated to fiscal year 2010. | 97218 |
| The amount certified is hereby reappropriated to the same | 97219 |
| appropriation item for fiscal year 2010. | 97220 |
| On July 1, 2010, or as soon as possible thereafter, the Clerk | 97221 |
| of the Senate may certify to the Director of Budget and Management | 97222 |
| the amount of the unexpended, unencumbered balance of the | 97223 |
| foregoing appropriation item 020321, Operating Expenses, at the | 97224 |
| end of fiscal year 2010 to be reappropriated to fiscal year 2011. | 97225 |
| The amount certified is hereby reappropriated to the same | 97226 |
| appropriation item for fiscal year 2011. | 97227 |
| Section 391.10. CSF COMMISSIONERS OF THE SINKING FUND | 97228 |
| Debt Service Fund Group | 97229 |
| 7070 | 155905 | Third Frontier Research and Development Bond Retirement Fund | $ | 20,948,300 | $ | 29,011,600 | 97230 | ||||
| 7072 | 155902 | Highway Capital Improvement Bond Retirement Fund | $ | 202,074,000 | $ | 203,434,200 | 97231 | ||||
| 7073 | 155903 | Natural Resources Bond Retirement Fund | $ | 26,334,400 | $ | 26,549,400 | 97232 | ||||
| 7074 | 155904 | Conservation Projects Bond Service Fund | $ | 20,711,100 | $ | 25,684,900 | 97233 | ||||
| 7076 | 155906 | Coal Research and Development Bond Retirement Fund | $ | 9,968,400 | $ | 10,947,000 | 97234 | ||||
| 7077 | 155907 | State Capital Improvement Bond Retirement Fund | $ | 148,331,900 | $ | 163,443,500 | 97235 | ||||
| 7078 | 155908 | Common Schools Bond Retirement Fund | $ | 192,559,200 | $ | 165,510,500 | 97236 | ||||
| 7079 | 155909 | Higher Education Bond Retirement Fund | $ | 85,317,700 | $ | 89,480,300 | 97237 | ||||
| 7090 | 155912 | Job Ready Site Development Bond Retirement Fund | $ | 5,685,400 | $ | 10,601,900 | 97238 | ||||
| TOTAL DSF Debt Service Fund Group | $ | 711,930,400 | $ | 724,663,300 | 97239 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 711,930,400 | $ | 724,663,300 | 97240 | ||||||
| ADDITIONAL APPROPRIATIONS | 97241 |
| Appropriation items in this section are for the purpose of | 97242 |
| paying debt service and financing costs on bonds or notes of the | 97243 |
| state issued under the Ohio Constitution and acts of the General | 97244 |
| Assembly. If it is determined that additional amounts are | 97245 |
| necessary for this purpose, such amounts are hereby appropriated. | 97246 |
| Section 393.10. SOA SOUTHERN OHIO AGRICULTURAL AND COMMUNITY | 97247 |
| DEVELOPMENT FOUNDATION | 97248 |
| General Revenue Fund | 97249 |
| 5M90 | 945601 | Operating Expenses | $ | 450,000 | $ | 450,000 | 97250 | ||||
| TOTAL TMF Tobacco Master Settlement Agreement Fund Group | $ | 450,000 | $ | 450,000 | 97251 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 450,000 | $ | 450,000 | 97252 | ||||||
| Section 395.10. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY & | 97254 |
| AUDIOLOGY | 97255 |
| General Services Fund Group | 97256 |
| 4K90 | 886609 | Operating Expenses | $ | 425,000 | $ | 425,000 | 97257 | ||||
| TOTAL GSF General Services | 97258 | ||||||||||
| Fund Group | $ | 425,000 | $ | 425,000 | 97259 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 425,000 | $ | 425,000 | 97260 | ||||||
| Section 397.10. BTA BOARD OF TAX APPEALS | 97262 |
| General Revenue Fund | 97263 |
| GRF | 116321 | Operating Expenses | $ | 1,642,450 | $ | 1,642,450 | 97264 | ||||
| TOTAL GRF General Revenue Fund | $ | 1,642,450 | $ | 1,642,450 | 97265 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,642,450 | $ | 1,642,450 | 97266 | ||||||
| Section 399.10. TAX DEPARTMENT OF TAXATION | 97268 |
| General Revenue Fund | 97269 |
| GRF | 110321 | Operating Expenses | $ | 81,441,056 | $ | 81,441,055 | 97270 | ||||
| GRF | 110404 | Tobacco Settlement Enforcement | $ | 295,231 | $ | 295,231 | 97271 | ||||
| GRF | 110412 | Child Support Administration | $ | 19,512 | $ | 19,512 | 97272 | ||||
| GRF | 110901 | Property Tax Allocation - Taxation | $ | 569,917,420 | $ | 577,463,014 | 97273 | ||||
| TOTAL GRF General Revenue Fund | $ | 651,673,219 | $ | 659,218,812 | 97274 | ||||||
| General Services Fund Group | 97275 |
| 2280 | 110628 | Tax Reform System Implementation | $ | 13,600,000 | $ | 13,600,000 | 97276 | ||||
| 4330 | 110602 | Tape File Account | $ | 125,000 | $ | 125,000 | 97277 | ||||
| 5AP0 | 110632 | Discovery Project | $ | 2,000,000 | $ | 2,000,000 | 97278 | ||||
| 5CZ0 | 110631 | Vendor's License Application | $ | 250,000 | $ | 250,000 | 97279 | ||||
| 5N50 | 110605 | Municipal Income Tax Administration | $ | 600,000 | $ | 600,000 | 97280 | ||||
| 5N60 | 110618 | Kilowatt Hour Tax Administration | $ | 100,000 | $ | 100,000 | 97281 | ||||
| 5V80 | 110623 | Property Tax Administration | $ | 12,000,000 | $ | 12,000,000 | 97282 | ||||
| 5W40 | 110625 | Centralized Tax Filing and Payment | $ | 200,000 | $ | 200,000 | 97283 | ||||
| 5W70 | 110627 | Exempt Facility Administration | $ | 60,000 | $ | 60,000 | 97284 | ||||
| TOTAL GSF General Services | 97285 | ||||||||||
| Fund Group | $ | 28,935,000 | $ | 28,935,000 | 97286 | ||||||
| State Special Revenue Fund Group | 97287 |
| 4350 | 110607 | Local Tax Administration | $ | 18,000,000 | $ | 18,000,000 | 97288 | ||||
| 4360 | 110608 | Motor Vehicle Audit | $ | 1,000,000 | $ | 1,000,000 | 97289 | ||||
| 4370 | 110606 | Income Tax Contribution Administration | $ | 200,000 | $ | 200,000 | 97290 | ||||
| 4380 | 110609 | School District Income Tax | $ | 5,500,000 | $ | 5,500,000 | 97291 | ||||
| 4C60 | 110616 | International Registration Plan | $ | 706,855 | $ | 706,855 | 97292 | ||||
| 4R60 | 110610 | Tire Tax Administration | $ | 200,000 | $ | 200,000 | 97293 | ||||
| 5V70 | 110622 | Motor Fuel Tax Administration | $ | 4,700,000 | $ | 4,700,000 | 97294 | ||||
| 6390 | 110614 | Cigarette Tax Enforcement | $ | 1,900,000 | $ | 1,900,000 | 97295 | ||||
| 6420 | 110613 | Ohio Political Party Distributions | $ | 500,000 | $ | 500,000 | 97296 | ||||
| 6880 | 110615 | Local Excise Tax Administration | $ | 800,000 | $ | 800,000 | 97297 | ||||
| TOTAL SSR State Special Revenue | 97298 | ||||||||||
| Fund Group | $ | 33,506,855 | $ | 33,506,855 | 97299 | ||||||
| Agency Fund Group | 97300 |
| 4250 | 110635 | Tax Refunds | $ | 1,546,800,000 | $ | 1,546,800,000 | 97301 | ||||
| 7095 | 110995 | Municipal Income Tax | $ | 21,000,000 | $ | 21,000,000 | 97302 | ||||
| TOTAL AGY Agency Fund Group | $ | 1,567,800,000 | $ | 1,567,800,000 | 97303 | ||||||
| Holding Account Redistribution Fund Group | 97304 |
| R010 | 110611 | Tax Distributions | $ | 50,000 | $ | 50,000 | 97305 | ||||
| R011 | 110612 | Miscellaneous Income Tax Receipts | $ | 50,000 | $ | 50,000 | 97306 | ||||
| TOTAL 090 Holding Account | 97307 | ||||||||||
| Redistribution Fund Group | $ | 100,000 | $ | 100,000 | 97308 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 2,282,015,074 | $ | 2,289,560,667 | 97309 | ||||||
| HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK, AND TANGIBLE TAX | 97310 |
| EXEMPTION | 97311 |
| The foregoing appropriation item 110901, Property Tax | 97312 |
| Allocation - Taxation, is hereby appropriated to pay for the | 97313 |
| state's costs incurred due to the Homestead Exemption, the | 97314 |
| Manufactured Home Property Tax Rollback, and the Property Tax | 97315 |
| Rollback. The Tax Commissioner shall distribute these funds | 97316 |
| directly to the appropriate local taxing districts, except for | 97317 |
| school districts, notwithstanding the provisions in sections | 97318 |
| 321.24 and 323.156 of the Revised Code, which provide for payment | 97319 |
| of the Homestead Exemption, the Manufactured Home Property Tax | 97320 |
| Rollback, and Property Tax Rollback by the Tax Commissioner to the | 97321 |
| appropriate county treasurer and the subsequent redistribution of | 97322 |
| these funds to the appropriate local taxing districts by the | 97323 |
| county auditor. | 97324 |
| Upon receipt of these amounts, each local taxing district | 97325 |
| shall distribute the amount among the proper funds as if it had | 97326 |
| been paid as real property taxes. Payments for the costs of | 97327 |
| administration shall continue to be paid to the county treasurer | 97328 |
| and county auditor as provided for in sections 319.54, 321.26, and | 97329 |
| 323.156 of the Revised Code. | 97330 |
| Any sums, in addition to the amounts specifically | 97331 |
| appropriated in appropriation item 110901, Property Tax Allocation | 97332 |
| - Taxation, for the Homestead Exemption, the Manufactured Home | 97333 |
| Property Tax Rollback, and the Property Tax Rollback payments, | 97334 |
| which are determined to be necessary for these purposes, are | 97335 |
| hereby appropriated. | 97336 |
| MUNICIPAL INCOME TAX | 97337 |
| The foregoing appropriation item 110995, Municipal Income | 97338 |
| Tax, shall be used to make payments to municipal corporations | 97339 |
| under section 5745.05 of the Revised Code. If it is determined | 97340 |
| that additional appropriations are necessary to make such | 97341 |
| payments, such amounts are hereby appropriated. | 97342 |
| TAX REFUNDS | 97343 |
| The foregoing appropriation item 110635, Tax Refunds, shall | 97344 |
| be used to pay refunds under section 5703.052 of the Revised Code. | 97345 |
| If it is determined that additional appropriations are necessary | 97346 |
| for this purpose, such amounts are hereby appropriated. | 97347 |
| INTERNATIONAL REGISTRATION PLAN AUDIT | 97348 |
| The foregoing appropriation item 110616, International | 97349 |
| Registration Plan, shall be used under section 5703.12 of the | 97350 |
| Revised Code for audits of persons with vehicles registered under | 97351 |
| the International Registration Plan. | 97352 |
| TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT | 97353 |
| Of the foregoing appropriation item 110607, Local Tax | 97354 |
| Administration, the Tax Commissioner may disburse funds, if | 97355 |
| available, for the purposes of paying travel expenses incurred by | 97356 |
| members of Ohio's delegation to the Streamlined Sales Tax Project, | 97357 |
| as appointed under section 5740.02 of the Revised Code. Any travel | 97358 |
| expense reimbursement paid for by the Department of Taxation shall | 97359 |
| be done in accordance with applicable state laws and guidelines. | 97360 |
| CENTRALIZED TAX FILING AND PAYMENT FUND | 97361 |
| The Director of Budget and Management, under a plan submitted | 97362 |
| by the Tax Commissioner, or as otherwise determined by the | 97363 |
| Director of Budget and Management, shall set a schedule to | 97364 |
| transfer cash from the General Revenue Fund to the credit of the | 97365 |
| Centralized Tax Filing and Payment Fund (Fund 5W40). The transfers | 97366 |
| of cash shall not exceed $400,000 in the biennium. | 97367 |
| TOBACCO SETTLEMENT ENFORCEMENT | 97368 |
| The foregoing appropriation item 110404, Tobacco Settlement | 97369 |
| Enforcement, shall be used by the Tax Commissioner to pay costs | 97370 |
| incurred in the enforcement of divisions (F) and (G) of section | 97371 |
| 5743.03 of the Revised Code. | 97372 |
| LOCAL GOVERNMENT PROPERTY TAX REPLACEMENT - BUSINESS | 97373 |
| Notwithstanding section 5751.22(A)(1)(b) of the Revised Code, | 97374 |
| payments to local taxing units by May 31, 2011, required by | 97375 |
| section 5751.22(C) of the Revised Code shall be in an amount equal | 97376 |
| to each of the losses determined under division (D) of section | 97377 |
| 5751.20 of the Revised Code multiplied by one hundred per cent. | 97378 |
| Section 399.20. COMMERCIAL ACTIVITY TAX | 97379 |
| (A) Any term used in this section has the same meaning as in | 97380 |
| section 5751.01 of the Revised Code. | 97381 |
| (B)(1) A person is not required to pay the annual minimum | 97382 |
| commercial activity tax due for calendar year 2005 or 2006 under | 97383 |
| Chapter 5751. of the Revised Code if the person satisfies all of | 97384 |
| the following: | 97385 |
| (a) The person was not subject to the tax for those years | 97386 |
| because the person did not have nexus with this state or was an | 97387 |
| excluded person under division (E)(1) of section 5751.01 of the | 97388 |
| Revised Code; | 97389 |
| (b) The person erroneously registered for the tax and failed | 97390 |
| to cancel the registration before May 10, 2006; | 97391 |
| (c) The person canceled its commercial activity tax | 97392 |
| registration before February 10, 2007, and was not required to | 97393 |
| file the returns and pay the annual minimum tax due February 9, | 97394 |
| 2007, February 9, 2008, or February 9, 2009. | 97395 |
| (2) Notwithstanding division (E) of section 5751.08 of the | 97396 |
| Revised Code, if a person satisfying divisions (B)(1)(a), (b), and | 97397 |
| (c) of this section paid the tax due for calendar year 2005 or | 97398 |
| 2006 after being contacted by the Department of Taxation, the | 97399 |
| person may request a refund of the amount paid for that year under | 97400 |
| that section. | 97401 |
| (C) The Tax Commissioner shall cancel the registration of | 97402 |
| each such person for which the registration has not yet been | 97403 |
| canceled. | 97404 |
| Section 401.10. DOT DEPARTMENT OF TRANSPORTATION | 97405 |
| General Revenue Fund | 97406 |
| GRF | 775451 | Public Transportation - State | $ | 13,330,697 | $ | 13,330,697 | 97407 | ||||
| GRF | 776465 | Ohio Rail Development Commission | $ | 2,932,000 | $ | 2,932,000 | 97408 | ||||
| GRF | 776668 | Transportation Operating - Federal Stimulus | $ | 1,352,403 | $ | 1,243,338 | 97409 | ||||
| TOTAL GRF General Revenue Fund | $ | 17,615,100 | $ | 17,506,035 | 97410 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 17,615,100 | $ | 17,506,035 | 97411 | ||||||
| Section 403.10. TOS TREASURER OF STATE | 97413 |
| General Revenue Fund | 97414 |
| GRF | 090321 | Operating Expenses | $ | 8,281,875 | $ | 8,281,875 | 97415 | ||||
| GRF | 090401 | Office of the Sinking | $ | 537,223 | $ | 537,223 | 97416 | ||||
| Fund | 97417 | ||||||||||
| GRF | 090402 | Continuing Education | $ | 403,959 | $ | 403,959 | 97418 | ||||
| GRF | 090524 | Police and Fire | $ | 8,000 | $ | 7,500 | 97419 | ||||
| Disability Pension Fund | 97420 | ||||||||||
| GRF | 090534 | Police and Fire Ad Hoc Cost | $ | 95,000 | $ | 90,000 | 97421 | ||||
| of Living | 97422 | ||||||||||
| GRF | 090554 | Police and Fire Survivor | $ | 720,000 | $ | 680,000 | 97423 | ||||
| Benefits | 97424 | ||||||||||
| GRF | 090575 | Police and Fire Death | $ | 20,000,000 | $ | 20,000,000 | 97425 | ||||
| Benefits | 97426 | ||||||||||
| TOTAL GRF General Revenue Fund | $ | 30,046,057 | $ | 30,000,557 | 97427 | ||||||
| General Services Fund Group | 97428 |
| 4E90 | 090603 | Securities Lending Income | $ | 4,200,000 | $ | 4,200,000 | 97429 | ||||
| 5770 | 090605 | Investment Pool | $ | 550,000 | $ | 550,000 | 97430 | ||||
| Reimbursement | 97431 | ||||||||||
| 5C50 | 090602 | County Treasurer Education | $ | 150,000 | $ | 150,000 | 97432 | ||||
| 6050 | 090609 | Treasurer of State | $ | 185,000 | $ | 185,000 | 97433 | ||||
| Administrative Fund | 97434 | ||||||||||
| TOTAL GSF General Services | 97435 | ||||||||||
| Fund Group | $ | 5,085,000 | $ | 5,085,000 | 97436 | ||||||
| Agency Fund Group | 97437 |
| 4250 | 090635 | Tax Refunds | $ | 31,000,000 | $ | 31,000,000 | 97438 | ||||
| TOTAL Agency Fund Group | $ | 31,000,000 | $ | 31,000,000 | 97439 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 66,131,057 | $ | 66,085,557 | 97440 | ||||||
| Section 403.20. OFFICE OF THE SINKING FUND | 97442 |
| The foregoing appropriation item 090401, Office of the | 97443 |
| Sinking Fund, shall be used for costs incurred by or on behalf of | 97444 |
| the Commissioners of the Sinking Fund and the Ohio Public | 97445 |
| Facilities Commission with respect to State of Ohio general | 97446 |
| obligation bonds or notes, and the Treasurer of State with respect | 97447 |
| to State of Ohio general obligation and special obligation bonds | 97448 |
| or notes, including, but not limited to, printing, advertising, | 97449 |
| delivery, rating fees and the procurement of ratings, professional | 97450 |
| publications, membership in professional organizations, and other | 97451 |
| services referred to in division (D) of section 151.01 of the | 97452 |
| Revised Code. The General Revenue Fund shall be reimbursed for | 97453 |
| such costs relating to the issuance and administration of Highway | 97454 |
| Capital Improvement bonds or notes authorized under Ohio | 97455 |
| Constitution, Article VIII, Section 2m and Chapter 151. of the | 97456 |
| Revised Code. That reimbursement shall be made from appropriation | 97457 |
| item 155902, Highway Capital Improvement Bond Retirement Fund, by | 97458 |
| intrastate transfer voucher pursuant to a certification by the | 97459 |
| Office of the Sinking Fund of the actual amounts used. The | 97460 |
| amounts necessary to make such a reimbursement are hereby | 97461 |
| appropriated from the Highway Capital Improvement Bond Retirement | 97462 |
| Fund created in section 151.06 of the Revised Code. | 97463 |
| POLICE AND FIRE DEATH BENEFIT FUND | 97464 |
| The foregoing appropriation item 090575, Police and Fire | 97465 |
| Death Benefits, shall be disbursed quarterly by the Treasurer of | 97466 |
| State at the beginning of each quarter of each fiscal year to the | 97467 |
| Board of Trustees of the Ohio Police and Fire Pension Fund. The | 97468 |
| Treasurer of State shall certify such amounts quarterly to the | 97469 |
| Director of Budget and Management. By the twentieth day of June of | 97470 |
| each fiscal year, the Board of Trustees of the Ohio Police and | 97471 |
| Fire Pension Fund shall certify to the Treasurer of State the | 97472 |
| amount disbursed in the current fiscal year to make the payments | 97473 |
| required by section 742.63 of the Revised Code and shall return to | 97474 |
| the Treasurer of State moneys received from this appropriation | 97475 |
| item but not disbursed. | 97476 |
| TAX REFUNDS | 97477 |
| The foregoing appropriation item 090635, Tax Refunds, shall | 97478 |
| be used to pay refunds under section 5703.052 of the Revised Code. | 97479 |
| If the Director of Budget and Management determines that | 97480 |
| additional amounts are necessary for this purpose, such amounts | 97481 |
| are hereby appropriated. | 97482 |
| Section 405.10. TTA OHIO TUITION TRUST | 97483 |
| State Special Revenue Fund Group | 97484 |
| 5P30 | 095602 | Variable Savings Plans | $ | 6,175,707 | $ | 6,156,515 | 97485 | ||||
| 6450 | 095601 | Guaranteed Savings Plan | $ | 842,959 | $ | 862,150 | 97486 | ||||
| TOTAL SSR State Special Revenue | 97487 | ||||||||||
| Fund Group | $ | 7,018,666 | $ | 7,018,665 | 97488 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 7,018,666 | $ | 7,018,665 | 97489 | ||||||
| FUND ABOLITION | 97490 |
| On July 1, 2009, or as soon as possible thereafter, the | 97491 |
| Director of Budget and Management shall transfer the cash balance | 97492 |
| in the Index Savings Plan Fund (Fund 5AM0) to the Variable Savings | 97493 |
| Fund (Fund 5P30). The Director shall cancel any existing | 97494 |
| encumbrances against appropriation item 095603, Index Savings | 97495 |
| Plan, and re-establish them against appropriation item 095602, | 97496 |
| Variable Savings Plans. The re-established encumbrance amounts | 97497 |
| are hereby appropriated. Upon completion of these transfers, Fund | 97498 |
| 5AM0 is hereby abolished. | 97499 |
| On July 1, 2009, or as soon as possible thereafter, the | 97500 |
| Director of Budget and Management shall transfer the cash balance | 97501 |
| in the Banking Products Fund (Fund 5DC0) to the Variable College | 97502 |
| Savings Fund (Fund 5P30). The Director shall cancel any existing | 97503 |
| encumbrances against appropriation item 095604, Banking Products, | 97504 |
| and re-establish them against appropriation item 095602, Variable | 97505 |
| Savings Plans. The re-established encumbrance amounts are hereby | 97506 |
| appropriated. Upon completion of these transfers, Fund 5DC0 is | 97507 |
| hereby abolished. | 97508 |
| Section 407.10. VTO VETERANS' ORGANIZATIONS | 97509 |
| General Revenue Fund | 97510 |
| 97511 | |
| GRF | 743501 | State Support | $ | 27,533 | $ | 27,533 | 97512 |
| 97513 | |
| GRF | 746501 | State Support | $ | 60,513 | $ | 60,513 | 97514 |
| 97515 | |
| GRF | 747501 | State Support | $ | 54,398 | $ | 54,398 | 97516 |
| 97517 | |
| GRF | 748501 | State Support | $ | 32,687 | $ | 32,687 | 97518 |
| 97519 | |
| GRF | 749501 | State Support | $ | 63,789 | $ | 63,789 | 97520 |
| 97521 | |
| GRF | 750501 | State Support | $ | 62,015 | $ | 62,015 | 97522 |
| 97523 | |
| GRF | 751501 | State Support | $ | 204,549 | $ | 204,549 | 97524 |
| 97525 | |
| GRF | 752501 | State Support | $ | 332,561 | $ | 332,561 | 97526 |
| 97527 | |
| GRF | 753501 | State Support | $ | 316,711 | $ | 316,711 | 97528 |
| 97529 | |
| GRF | 754501 | State Support | $ | 237,939 | $ | 237,939 | 97530 |
| 97531 | |
| GRF | 756501 | State Support | $ | 127,569 | $ | 127,569 | 97532 |
| 97533 | |
| GRF | 757501 | State Support | $ | 6,541 | $ | 6,541 | 97534 |
| 97535 | |
| GRF | 758501 | State Support | $ | 271,277 | $ | 271,277 | 97536 |
| TOTAL GRF General Revenue Fund | $ | 1,798,082 | $ | 1,798,082 | 97537 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,798,082 | $ | 1,798,082 | 97538 | ||||||
| RELEASE OF FUNDS | 97539 |
| The Director of Budget and Management may release the | 97540 |
| foregoing appropriation items 743501, 746501, 747501, 748501, | 97541 |
| 749501, 750501, 751501, 752501, 753501, 754501, 756501, 757501, | 97542 |
| and 758501, State Support. | 97543 |
| Section 409.10. DVS DEPARTMENT OF VETERANS SERVICES | 97544 |
| General Revenue Fund | 97545 |
| GRF | 900100 | Personal Services | $ | 25,219,282 | $ | 25,219,282 | 97546 | ||||
| GRF | 900200 | Maintenance | $ | 4,427,264 | $ | 4,427,264 | 97547 | ||||
| GRF | 900402 | Hall of Fame | $ | 118,750 | $ | 118,750 | 97548 | ||||
| GRF | 900403 | Veteran Record Conversion | $ | 40,631 | $ | 40,631 | 97549 | ||||
| GRF | 900408 | Department of Veterans Services | $ | 2,283,100 | $ | 2,283,100 | 97550 | ||||
| TOTAL GRF General Revenue Fund | $ | 32,089,027 | $ | 32,089,027 | 97551 | ||||||
| General Services Fund Group | 97552 |
| 4840 | 900603 | Veterans Home Services | $ | 770,000 | $ | 850,000 | 97553 | ||||
| TOTAL GSF General Services Fund Group | $ | 770,000 | $ | 850,000 | 97554 | ||||||
| Federal Special Revenue Fund Group | 97555 |
| 3680 | 900614 | Veterans Training | $ | 745,892 | $ | 745,892 | 97556 | ||||
| 3740 | 900606 | Troops to Teachers | $ | 100,000 | $ | 100,000 | 97557 | ||||
| 3BX0 | 900609 | Medicare Services | $ | 2,000,000 | $ | 2,200,000 | 97558 | ||||
| 3L20 | 900601 | Veterans Home Operations - Federal | $ | 16,979,245 | $ | 17,454,046 | 97559 | ||||
| TOTAL FED Federal Special Revenue | 97560 | ||||||||||
| Fund Group | $ | 19,825,137 | $ | 20,499,938 | 97561 | ||||||
| State Special Revenue Fund Group | 97562 |
| 4E20 | 900602 | Veterans Home Operating | $ | 9,314,438 | $ | 9,780,751 | 97563 | ||||
| 6040 | 900604 | Veterans Home Improvement | $ | 1,541,020 | $ | 1,700,000 | 97564 | ||||
| TOTAL SSR State Special Revenue | 97565 | ||||||||||
| Fund Group | $ | 10,855,458 | $ | 11,480,751 | 97566 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 63,539,622 | $ | 64,919,716 | 97567 | ||||||
| Section 411.10. DVM STATE VETERINARY MEDICAL BOARD | 97569 |
| General Services Fund Group | 97570 |
| 4K90 | 888609 | Operating Expenses | $ | 319,407 | $ | 319,407 | 97571 | ||||
| TOTAL GSF General Services | 97572 | ||||||||||
| Fund Group | $ | 319,407 | $ | 319,407 | 97573 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 319,407 | $ | 319,407 | 97574 | ||||||
| Section 413.10. DYS DEPARTMENT OF YOUTH SERVICES | 97576 |
| General Revenue Fund | 97577 |
| GRF | 470401 | RECLAIM Ohio | $ | 201,695,971 | $ | 192,963,840 | 97578 | ||||
| GRF | 470412 | Lease Rental Payments | $ | 23,460,900 | $ | 26,043,900 | 97579 | ||||
| GRF | 470510 | Youth Services | $ | 18,558,587 | $ | 18,558,587 | 97580 | ||||
| GRF | 470640 | RECLAIM - Federal Stimulus | $ | 3,767,869 | $ | 0 | 97581 | ||||
| GRF | 472321 | Parole Operations | $ | 13,400,020 | $ | 13,400,020 | 97582 | ||||
| GRF | 477321 | Administrative Operations | $ | 14,754,419 | $ | 14,754,419 | 97583 | ||||
| TOTAL GRF General Revenue Fund | $ | 275,637,766 | $ | 265,720,766 | 97584 | ||||||
| General Services Fund Group | 97585 |
| 1750 | 470613 | Education Reimbursement | $ | 11,000,000 | $ | 11,000,000 | 97586 | ||||
| 4790 | 470609 | Employee Food Service | $ | 200,000 | $ | 150,000 | 97587 | ||||
| 4A20 | 470602 | Child Support | $ | 450,000 | $ | 450,000 | 97588 | ||||
| 4G60 | 470605 | General Operational Funds | $ | 250,000 | $ | 250,000 | 97589 | ||||
| 5BN0 | 470629 | E-Rate Program | $ | 35,000 | $ | 35,000 | 97590 | ||||
| TOTAL GSF General Services | 97591 | ||||||||||
| Fund Group | $ | 11,935,000 | $ | 11,885,000 | 97592 | ||||||
| Federal Special Revenue Fund Group | 97593 |
| 3210 | 470601 | Education | $ | 6,531,076 | $ | 5,455,413 | 97594 | ||||
| 3210 | 470603 | Juvenile Justice Prevention | $ | 300,000 | $ | 300,000 | 97595 | ||||
| 3210 | 470606 | Nutrition | $ | 2,750,000 | $ | 2,750,000 | 97596 | ||||
| 3210 | 470610 | Rehabilitation Programs | $ | 36,000 | $ | 36,000 | 97597 | ||||
| 3210 | 470614 | Title IV-E Reimbursements | $ | 6,000,000 | $ | 6,000,000 | 97598 | ||||
| 3BH0 | 470630 | Federal Juvenile Programs FFY 06 | $ | 50,000 | $ | 0 | 97599 | ||||
| 3BT0 | 470634 | Federal Juvenile Programs | $ | 50,000 | $ | 0 | 97600 | ||||
| 3BY0 | 470635 | Federal Juvenile Programs FFY 07 | $ | 334,000 | $ | 335,000 | 97601 | ||||
| 3BZ0 | 470636 | Federal Juvenile Programs FFY 08 | $ | 653,350 | $ | 570,700 | 97602 | ||||
| 3CP0 | 470638 | Federal Juvenile Programs FFY 09 | $ | 500,000 | $ | 500,000 | 97603 | ||||
| 3CR0 | 470639 | Federal Juvenile Programs FFY 10 | $ | 0 | $ | 500,000 | 97604 | ||||
| 3V50 | 470604 | Juvenile Justice/Delinquency Prevention | $ | 1,935,300 | $ | 2,361,000 | 97605 | ||||
| 3Z80 | 470625 | Federal Juvenile Programs FFY 04 | $ | 2,000 | $ | 0 | 97606 | ||||
| 3Z90 | 470626 | Federal Juvenile Programs FFY 05 | $ | 2,000 | $ | 0 | 97607 | ||||
| TOTAL FED Federal Special Revenue | 97608 | ||||||||||
| Fund Group | $ | 19,143,726 | $ | 18,808,113 | 97609 | ||||||
| State Special Revenue Fund Group | 97610 |
| 1470 | 470612 | Vocational Education | $ | 2,166,296 | $ | 2,788,906 | 97611 | ||||
| 5BH0 | 470628 | Partnerships for Success | $ | 1,500,000 | $ | 1,500,000 | 97612 | ||||
| TOTAL SSR State Special Revenue | 97613 | ||||||||||
| Fund Group | $ | 3,666,296 | $ | 4,288,906 | 97614 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 310,382,788 | $ | 300,702,785 | 97615 | ||||||
| OHIO BUILDING AUTHORITY LEASE PAYMENTS | 97616 |
| The foregoing appropriation item 470412, Lease Rental | 97617 |
| Payments, shall be used to meet all payments to the Ohio Building | 97618 |
| Authority for the period from July 1, 2009, to June 30, 2011, | 97619 |
| under the leases and agreements for facilities made under Chapter | 97620 |
| 152. of the Revised Code. This appropriation is the source of | 97621 |
| funds pledged for bond service charges on related obligations | 97622 |
| issued pursuant to Chapter 152. of the Revised Code. | 97623 |
| EDUCATION REIMBURSEMENT | 97624 |
| The foregoing appropriation item 470613, Education | 97625 |
| Reimbursement, shall be used to fund the operating expenses of | 97626 |
| providing educational services to youth supervised by the | 97627 |
| Department of Youth Services. Operating expenses include, but are | 97628 |
| not limited to, teachers' salaries, maintenance costs, and | 97629 |
| educational equipment. This appropriation item may be used for | 97630 |
| capital expenses related to the education program. | 97631 |
| EMPLOYEE FOOD SERVICE AND EQUIPMENT | 97632 |
| Notwithstanding section 125.14 of the Revised Code, the | 97633 |
| foregoing appropriation item 470609, Employee Food Service, may be | 97634 |
| used to purchase any food operational items with funds received | 97635 |
| into the fund from reimbursements for state surplus property. | 97636 |
| Section 503.10. PERSONAL SERVICE EXPENSES | 97637 |
| Unless otherwise prohibited by law, any appropriation from | 97638 |
| which personal service expenses are paid shall bear the employer's | 97639 |
| share of public employees' retirement, workers' compensation, | 97640 |
| disabled workers' relief, and all group insurance programs; the | 97641 |
| costs of centralized accounting, centralized payroll processing, | 97642 |
| and related personnel reports and services; the cost of the Office | 97643 |
| of Collective Bargaining; the cost of the Employee Assistance | 97644 |
| Program; the cost of the affirmative action and equal employment | 97645 |
| opportunity programs administered by the Department of | 97646 |
| Administrative Services; the costs of interagency information | 97647 |
| management infrastructure; and the cost of administering the state | 97648 |
| employee merit system as required by section 124.07 of the Revised | 97649 |
| Code. These costs shall be determined in conformity with the | 97650 |
| appropriate sections of law and paid in accordance with procedures | 97651 |
| specified by the Office of Budget and Management. Expenditures | 97652 |
| from appropriation item 070601, Public Audit Expense - Local | 97653 |
| Government, may be exempted from the requirements of this section. | 97654 |
| Section 503.20. SATISFACTION OF JUDGMENTS AND SETTLEMENTS | 97655 |
| AGAINST THE STATE | 97656 |
| Except as otherwise provided in this section, an | 97657 |
| appropriation in this act or any other act may be used for the | 97658 |
| purpose of satisfying judgments, settlements, or administrative | 97659 |
| awards ordered or approved by the Court of Claims or by any other | 97660 |
| court of competent jurisdiction in connection with civil actions | 97661 |
| against the state. This authorization does not apply to | 97662 |
| appropriations to be applied to or used for payment of guarantees | 97663 |
| by or on behalf of the state, or for payments under lease | 97664 |
| agreements relating to, or debt service on, bonds, notes, or other | 97665 |
| obligations of the state. Notwithstanding any other statute to the | 97666 |
| contrary, this authorization includes appropriations from funds | 97667 |
| into which proceeds of direct obligations of the state are | 97668 |
| deposited only to the extent that the judgment, settlement, or | 97669 |
| administrative award is for, or represents, capital costs for | 97670 |
| which the appropriation may otherwise be used and is consistent | 97671 |
| with the purpose for which any related obligations were issued or | 97672 |
| entered into. Nothing contained in this section is intended to | 97673 |
| subject the state to suit in any forum in which it is not | 97674 |
| otherwise subject to suit, and is not intended to waive or | 97675 |
| compromise any defense or right available to the state in any suit | 97676 |
| against it. | 97677 |
| Section 503.30. CAPITAL PROJECT SETTLEMENTS | 97678 |
| This section specifies an additional and supplemental | 97679 |
| procedure to provide for payments of judgments and settlements if | 97680 |
| the Director of Budget and Management determines, pursuant to | 97681 |
| division (C)(4) of section 2743.19 of the Revised Code, that | 97682 |
| sufficient unencumbered moneys do not exist in the fund to support | 97683 |
| a particular appropriation to pay the amount of a final judgment | 97684 |
| rendered against the state or a state agency, including the | 97685 |
| settlement of a claim approved by a court, in an action upon and | 97686 |
| arising out of a contractual obligation for the construction or | 97687 |
| improvement of a capital facility if the costs under the contract | 97688 |
| were payable in whole or in part from a state capital projects | 97689 |
| appropriation. In such a case, the Director may either proceed | 97690 |
| pursuant to division (C)(4) of section 2743.19 of the Revised Code | 97691 |
| or apply to the Controlling Board to increase an appropriation or | 97692 |
| create an appropriation out of any unencumbered moneys in the | 97693 |
| state treasury to the credit of the capital projects fund from | 97694 |
| which the initial state appropriation was made. The amount of an | 97695 |
| increase in appropriation or new appropriation approved by the | 97696 |
| Controlling Board is hereby appropriated from the applicable | 97697 |
| capital projects fund and made available for the payment of the | 97698 |
| judgment or settlement. | 97699 |
| If the Director does not make the application authorized by | 97700 |
| this section or the Controlling Board disapproves the application, | 97701 |
| and the Director does not make application under division (C)(4) | 97702 |
| of section 2743.19 of the Revised Code, the Director shall for the | 97703 |
| purpose of making that payment make a request to the General | 97704 |
| Assembly as provided for in division (C)(5) of that section. | 97705 |
| Section 503.40. RE-ISSUANCE OF VOIDED WARRANTS | 97706 |
| In order to provide funds for the reissuance of voided | 97707 |
| warrants under section 126.37 of the Revised Code, there is hereby | 97708 |
| appropriated, out of moneys in the state treasury from the fund | 97709 |
| credited as provided in section 126.37 of the Revised Code, that | 97710 |
| amount sufficient to pay such warrants when approved by the Office | 97711 |
| of Budget and Management. | 97712 |
| Section 503.50. REAPPROPRIATION OF UNEXPENDED ENCUMBERED | 97713 |
| BALANCES OF OPERATING APPROPRIATIONS | 97714 |
| (A) An unexpended balance of an operating appropriation or | 97715 |
| reappropriation that a state agency lawfully encumbered prior to | 97716 |
| the close of a fiscal year is hereby reappropriated on the first | 97717 |
| day of July of the following fiscal year from the fund from which | 97718 |
| it was originally appropriated or reappropriated for the | 97719 |
| following period and shall remain available only for the | 97720 |
| purpose of discharging the encumbrance: | 97721 |
| (1) For an encumbrance for personal services, maintenance, | 97722 |
| equipment, or items for resale, other than an encumbrance for an | 97723 |
| item of special order manufacture not available on term contract | 97724 |
| or in the open market or for reclamation of land or oil and gas | 97725 |
| wells, for a period of not more than five months from the end of | 97726 |
| the fiscal year; | 97727 |
| (2) For an encumbrance for an item of special order | 97728 |
| manufacture not available on term contract or in the open market, | 97729 |
| for a period of not more than five months from the end of the | 97730 |
| fiscal year or, with the written approval of the Director of | 97731 |
| Budget and Management, for a period of not more than twelve months | 97732 |
| from the end of the fiscal year; | 97733 |
| (3) For an encumbrance for reclamation of land or oil and gas | 97734 |
| wells, for a period ending when the encumbered appropriation is | 97735 |
| expended or for a period of two years, whichever is less; | 97736 |
| (4) For an encumbrance for any other expense, for such period | 97737 |
| as the Director approves, provided such period does not exceed two | 97738 |
| years. | 97739 |
| (B) Any operating appropriations for which unexpended | 97740 |
| balances are reappropriated beyond a five-month period from the | 97741 |
| end of the fiscal year by division (A)(2) of this section shall be | 97742 |
| reported to the Controlling Board by the Director of Budget and | 97743 |
| Management by the thirty-first day of December of each year. The | 97744 |
| report on each such item shall include the item, the cost of the | 97745 |
| item, and the name of the vendor. The report shall be updated on | 97746 |
| a quarterly basis for encumbrances remaining open. | 97747 |
| (C) Upon the expiration of the reappropriation period set | 97748 |
| out in division (A) of this section, a reappropriation made by | 97749 |
| this section lapses, and the Director of Budget and Management | 97750 |
| shall cancel the encumbrance of the unexpended reappropriation | 97751 |
| not later than the end of the weekend following the expiration | 97752 |
| of the reappropriation period. | 97753 |
| (D) Notwithstanding division(C) of this section, with the | 97754 |
| approval of the Director of Budget and Management, an unexpended | 97755 |
| balance of an encumbrance that was reappropriated on the first | 97756 |
| day of July by this section for a period specified in division | 97757 |
| (A)(3) or (4) of this section and that remains encumbered at the | 97758 |
| close of the fiscal biennium is hereby reappropriated on the | 97759 |
| first day of July of the following fiscal biennium from the fund | 97760 |
| from which it was originally appropriated or reappropriated for | 97761 |
| the applicable period specified in division (A)(3) or (4) of this | 97762 |
| section and shall remain available only for the purpose of | 97763 |
| discharging the encumbrance. | 97764 |
| (E) The Director of Budget and Management may correct | 97765 |
| accounting errors committed by the staff of the Office of Budget | 97766 |
| and Management, such as re-establishing encumbrances or | 97767 |
| appropriations cancelled in error, during the cancellation of | 97768 |
| operating encumbrances in November and of nonoperating | 97769 |
| encumbrances in December. | 97770 |
| (F) If the Controlling Board approved a purchase, that | 97771 |
| approval remains in effect so long as the appropriation used to | 97772 |
| make that purchase remains encumbered. | 97773 |
| Section 503.60. APPROPRIATIONS RELATED TO CASH TRANSFERS AND | 97774 |
| RE-ESTABLISHMENT OF ENCUMBRANCES | 97775 |
| Any cash transferred by the Director of Budget and Management | 97776 |
| under section 126.15 of the Revised Code is hereby appropriated. | 97777 |
| Any amounts necessary to re-establish appropriations or | 97778 |
| encumbrances under section 126.15 of the Revised Code are hereby | 97779 |
| appropriated. | 97780 |
| Section 503.70. INCOME TAX DISTRIBUTION TO COUNTIES | 97781 |
| There are hereby appropriated out of any moneys in the state | 97782 |
| treasury to the credit of the General Revenue Fund, which are not | 97783 |
| otherwise appropriated, funds sufficient to make any payment | 97784 |
| required by division (B)(2) of section 5747.03 of the Revised | 97785 |
| Code. | 97786 |
| Section 503.80. EXPENDITURES AND APPROPRIATION INCREASES | 97787 |
| APPROVED BY THE CONTROLLING BOARD | 97788 |
| Any money that the Controlling Board approves for expenditure | 97789 |
| or any increase in appropriation that the Controlling Board | 97790 |
| approves under sections 127.14, 131.35, and 131.39 of the Revised | 97791 |
| Code or any other provision of law is hereby appropriated for the | 97792 |
| period ending June 30, 2011. | 97793 |
| Section 503.90. FUNDS RECEIVED FOR USE OF GOVERNOR'S | 97794 |
| RESIDENCE | 97795 |
| If the Governor's Residence Fund (Fund 4H20) receives payment | 97796 |
| for use of the residence pursuant to section 107.40 of the Revised | 97797 |
| Code, the amounts so received are hereby appropriated to | 97798 |
| appropriation item 100604, Governor's Residence Gift. | 97799 |
| Section 503.95. The Director of Transportation shall permit | 97800 |
| the construction of a curb cut on State Route 91, near Vine | 97801 |
| Street, in Lake County. | 97802 |
| Section 506.10. UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS | 97803 |
| Unless the agency and nuclear electric utility mutually agree | 97804 |
| to a higher amount by contract, the maximum amounts that may be | 97805 |
| assessed against nuclear electric utilities under division (B)(2) | 97806 |
| of section 4937.05 of the Revised Code and deposited into the | 97807 |
| specified funds are as follows: | 97808 |
| Fund | User | FY 2010 | FY 2011 | 97809 | ||||
| Utility Radiological Safety Fund (Fund 4E40) | Department of Agriculture | $ | 134,631 | $ | 134,631 | 97810 | ||
| Radiation Emergency Response Fund (Fund 6100) | Department of Health | $ | 887,445 | $ | 920,372 | 97811 | ||
| ER Radiological Safety Fund (Fund 6440) | Environmental Protection Agency | $ | 286,114 | $ | 286,114 | 97812 | ||
| Emergency Response Plan Fund (Fund 6570) | Department of Public Safety | $ | 1,413,889 | $ | 1,415,945 | 97813 |
| Section 506.20. Upon the written request of the Director of | 97814 |
| Public Safety, the Director of Budget and Management may make | 97815 |
| periodic transfers of cash totaling $16,220,000 in each fiscal | 97816 |
| year from the Highway Operating Fund (Fund 7002) to the State | 97817 |
| Highway Safety Fund (Fund 7036). | 97818 |
| Section 509.10. (A) There is hereby created the Budget | 97819 |
| Planning and Management Commission, consisting of six members. The | 97820 |
| Speaker of the House of Representatives shall appoint three | 97821 |
| members of the House of Representatives, not more than two of whom | 97822 |
| shall be members of the same political party, and the President of | 97823 |
| the Senate shall appoint three members of the Senate, not more | 97824 |
| than two of whom shall be members of the same political party. The | 97825 |
| initial appointments shall be made not later than ninety days | 97826 |
| after the effective date of this section. Vacancies shall be | 97827 |
| filled in the manner provided for original appointments. | 97828 |
| (B) The commission shall complete a study and make | 97829 |
| recommendations that are designed to provide relief to the state | 97830 |
| during the current difficult fiscal and economic period. In | 97831 |
| developing the recommendations, the commission shall do all of the | 97832 |
| following: | 97833 |
| (1) Develop a strategy for managing one-time revenues | 97834 |
| received and appropriated by the state without raising taxes when | 97835 |
| those revenues are no longer available in fiscal year 2011; | 97836 |
| (2) Determine whether to recommend establishing a statutory | 97837 |
| spending limit for one-time revenues at a level equal to a | 97838 |
| specific percentage of state spending. | 97839 |
| (C) The commission shall appoint two of its members to serve | 97840 |
| as co-chairpersons for the commission. One co-chairperson shall be | 97841 |
| a member of the majority party of the House of Representatives, | 97842 |
| and one co-chairperson shall be a member of the majority party of | 97843 |
| the Senate. Commission meetings shall take place at the call of | 97844 |
| the co-chairpersons of the commission. The commission shall | 97845 |
| conduct meetings during the period of July 1, 2009, through June | 97846 |
| 30, 2010. | 97847 |
| (D) Not later than June 30, 2010, the commission shall submit | 97848 |
| a written report of its recommendations to the Speaker of the | 97849 |
| House of Representatives, the President of the Senate, and the | 97850 |
| Governor. The commission ceases to exist upon submission of its | 97851 |
| report. | 97852 |
| (E) The Legislative Service Commission shall provide | 97853 |
| technical, professional, and clerical support necessary for the | 97854 |
| Budget Planning and Management Commission to perform its duties. | 97855 |
| Section 512.10. TRANSFERS TO THE GENERAL REVENUE FUND OF | 97856 |
| INTEREST EARNED | 97857 |
| Notwithstanding any provision of law to the contrary, the | 97858 |
| Director of Budget and Management, through June 30, 2011, may | 97859 |
| transfer interest earned by any state fund to the General Revenue | 97860 |
| Fund. This section does not apply to funds whose source of | 97861 |
| revenue is restricted or protected by the Ohio Constitution, | 97862 |
| federal tax law, or the "Cash Management Improvement Act of | 97863 |
| 1990," 104 Stat. 1058 (1990), 31 U.S.C. 6501 et seq., as amended. | 97864 |
| Section 512.30. GRF TRANSFER TO THE OAKS PROJECT | 97865 |
| IMPLEMENTATION FUND | 97866 |
| On July 1 of each fiscal year, or as soon as possible | 97867 |
| thereafter, the Director of Budget and Management shall transfer | 97868 |
| an amount not to exceed $2,100,000 cash from the General Revenue | 97869 |
| Fund to the OAKS Project Implementation Fund (Fund 5N40). | 97870 |
| Section 512.40. TRANSFERS FROM THE BUDGET STABILIZATION FUND | 97871 |
| Notwithstanding any provision of law to the contrary, the | 97872 |
| Director of Budget and Management, in either year of the biennium, | 97873 |
| may transfer cash from the Budget Stabilization Fund to the | 97874 |
| General Revenue Fund in order to balance General Revenue Fund | 97875 |
| revenues with General Revenue Fund expenditures. Ten days before | 97876 |
| any such transfer, the Director shall notify the Governor, the | 97877 |
| Speaker of the House of Representatives, the President of the | 97878 |
| Senate, and the Minority Leaders of the House of Representatives | 97879 |
| and the Senate of the date and amount of the transfer and the cash | 97880 |
| balance remaining in the Budget Stabilization Fund. | 97881 |
| Section 512.50. TRANSFERS FROM EDUCATION FACILITIES TRUST AND | 97882 |
| PUBLIC SCHOOL BUILDING FUNDS TO GRF | 97883 |
| Notwithstanding any provision of law to the contrary, the | 97884 |
| Director of Budget and Management shall transfer a total of | 97885 |
| $250,000,000 cash in either fiscal year 2010 or fiscal year 2011 | 97886 |
| from the Education Facilities Trust Fund (Fund N087) and the | 97887 |
| Public School Building Fund (Fund 7021), which are used by the | 97888 |
| School Facilities Commission, to the General Revenue Fund. Not | 97889 |
| later than June 30, 2013, $250,000,000 cash shall be deposited | 97890 |
| into a fund of the Commission, for the purpose of constructing | 97891 |
| or renovating school facilities pursuant to Chapter 3318. of the | 97892 |
| Revised Code. | 97893 |
| Section 512.60. CASH TRANSFERS TO THE GENERAL REVENUE FUND | 97894 |
| FROM NON-GRF FUNDS | 97895 |
| Notwithstanding any provision of law to the contrary, during | 97896 |
| fiscal years 2010 and 2011, the Director of Budget and Management | 97897 |
| may transfer cash from non-General Revenue Funds that are not | 97898 |
| constitutionally restricted to the General Revenue Fund in order | 97899 |
| to ensure that available General Revenue Fund receipts and | 97900 |
| balances are sufficient to support General Revenue Fund | 97901 |
| appropriations in each fiscal year. | 97902 |
| Before September 1 of each fiscal year, the Director of | 97903 |
| Budget and Management shall prepare quarterly estimates | 97904 |
| identifying funds in the state treasury from which cash transfers | 97905 |
| are to be made and the anticipated amount of these cash transfers. | 97906 |
| Beginning with the quarter ending September 30, 2009, and on a | 97907 |
| quarterly basis thereafter, the Director of Budget and Management | 97908 |
| shall prepare a summary comparing the estimated and actual amounts | 97909 |
| of these cash transfers by fund. This quarterly summary shall be | 97910 |
| included in the report required under section 126.05 of the | 97911 |
| Revised Code. | 97912 |
| Section 512.80. GRF TRANSFER TO THE PUBLIC AUDIT EXPENSE | 97913 |
| INTRA-STATE FUND | 97914 |
| On July 1, 2009, or as soon as possible thereafter, the | 97915 |
| Director of Budget and Management shall transfer $400,900 cash | 97916 |
| from the General Revenue Fund to the Public Audit Expense | 97917 |
| Intra-State Fund (Fund 1090). The amounts transferred are hereby | 97918 |
| appropriated to help pay for expenses incurred in the Auditor of | 97919 |
| State's role relating to fiscal caution, fiscal watch, and fiscal | 97920 |
| emergency activities as defined in Chapter 3316. of the Revised | 97921 |
| Code and for performance audits for school districts in fiscal | 97922 |
| distress. | 97923 |
| Section 515.20. On the effective date of this section, the | 97924 |
| duties, responsibilities, and functions of the Ohio Board of | 97925 |
| Regents under sections 4741.41, 4741.44, 4741.45, and 4741.46 of | 97926 |
| the Revised Code and its assets and liabilities under those | 97927 |
| sections are transferred to the State Veterinary Medical Licensing | 97928 |
| Board. The State Veterinary Medical Licensing Board assumes the | 97929 |
| obligations and authority of the Ohio Board of Regents with regard | 97930 |
| to sections 4741.41, 4741.44, 4741.45, and 4741.46 of the Revised | 97931 |
| Code. No right, privilege, or remedy, and no duty, liability, or | 97932 |
| obligation, accrued by the Ohio Board of Regents under sections | 97933 |
| 4741.41, 4741.44, 4741.45, and 4741.46 of the Revised Code is | 97934 |
| impaired or lost by reason of the transfer and shall be | 97935 |
| recognized, administered, performed, or enforced by the State | 97936 |
| Veterinary Medical Licensing Board. | 97937 |
| Business commenced but not completed by the Ohio Board of | 97938 |
| Regents with regard to sections 4741.41, 4741.44, 4741.45, and | 97939 |
| 4741.46 of the Revised Code shall be completed by the State | 97940 |
| Veterinary Medical Licensing Board in the same manner, and with | 97941 |
| the same effect, as if completed by the Ohio Board of Regents. | 97942 |
| All determinations of the Ohio Board of Regents that are made | 97943 |
| pursuant to sections 4741.41, 4741.44, 4741.45, and 4741.46 of the | 97944 |
| Revised Code continue in effect as determinations of the State | 97945 |
| Veterinary Medical Licensing Board until modified or rescinded by | 97946 |
| the State Veterinary Medical Licensing Board. | 97947 |
| Whenever the Ohio Board of Regents is referred to in statute, | 97948 |
| contract, or other instrument for the purposes of sections | 97949 |
| 4741.41, 4741.44, 4741.45, and 4741.46 of the Revised Code, the | 97950 |
| reference is deemed to refer to the State Veterinary Medical | 97951 |
| Licensing Board. | 97952 |
| No pending action or proceeding being prosecuted or defended | 97953 |
| in court or before any agency by the Ohio Board of Regents for the | 97954 |
| purposes of sections 4741.41, 4741.44, 4741.45, and 4741.46 of the | 97955 |
| Revised Code is affected by the transfer and shall be prosecuted | 97956 |
| or defended in the name of the State Veterinary Medical Licensing | 97957 |
| Board. Upon application to the court or agency, the State | 97958 |
| Veterinary Medical Licensing Board shall be substituted as a | 97959 |
| party. | 97960 |
| Section 515.30. On the effective date of this section, the | 97961 |
| Division of Soil and Water Conservation in the Department of | 97962 |
| Natural Resources is renamed the Division of Soil and Water | 97963 |
| Resources. The Division of Soil and Water Conservation's | 97964 |
| functions, and its assets and liabilities, are transferred to the | 97965 |
| Division of Soil and Water Resources. The Division of Soil and | 97966 |
| Water Resources is successor to, assumes the obligations and | 97967 |
| authority of, and otherwise continues the Division of Soil and | 97968 |
| Water Conservation. No right, privilege, or remedy, and no duty, | 97969 |
| liability, or obligation, accrued under the Division of Soil and | 97970 |
| Water Conservation is impaired or lost by reason of the renaming | 97971 |
| and shall be recognized, administered, performed, or enforced by | 97972 |
| the Division of Soil and Water Resources. | 97973 |
| Business commenced but not completed by the Division of Soil | 97974 |
| and Water Conservation or by the Chief of the Division of Soil and | 97975 |
| Water Conservation shall be completed by the Division of Soil and | 97976 |
| Water Resources or the Chief of the Division of Soil and Water | 97977 |
| Resources in the same manner, and with the same effect, as if | 97978 |
| completed by the Division of Soil and Water Conservation or the | 97979 |
| Chief of the Division of Soil and Water Conservation. | 97980 |
| All of the Division of Soil and Water Conservation's rules, | 97981 |
| orders, and determinations continue in effect as rules, orders, | 97982 |
| and determinations of the Division of Soil and Water Resources | 97983 |
| until modified or rescinded by the Division of Soil and Water | 97984 |
| Resources. | 97985 |
| Subject to the layoff provisions of sections 124.321 to | 97986 |
| 124.382 of the Revised Code, all employees of the Division of Soil | 97987 |
| and Water Conservation continue with the Division of Soil and | 97988 |
| Water Resources and retain their positions and all benefits | 97989 |
| accruing thereto. | 97990 |
| The Director of Budget and Management shall determine the | 97991 |
| amount of unexpended balances in the appropriation accounts that | 97992 |
| pertain to the Division of Soil and Water Conservation and shall | 97993 |
| recommend to the Controlling Board their transfer to the | 97994 |
| appropriation accounts that pertain to the Division of Soil and | 97995 |
| Water Resources. The Chief of the Division of Soil and Water | 97996 |
| Conservation shall provide full and timely information to the | 97997 |
| Controlling Board to facilitate the transfer. | 97998 |
| Whenever the Division of Soil and Water Conservation or the | 97999 |
| Chief of the Division of Soil and Water Conservation is referred | 98000 |
| to in a statute, contract, or other instrument, the reference is | 98001 |
| deemed to refer to the Division of Soil and Water Resources or to | 98002 |
| the Chief of the Division of Soil and Water Resources, whichever | 98003 |
| is appropriate in context. | 98004 |
| No pending action or proceeding being prosecuted or defended | 98005 |
| in court or before an agency by the Division of Soil and Water | 98006 |
| Conservation or the Chief of the Division of Soil and Water | 98007 |
| Conservation is affected by the renaming and shall be prosecuted | 98008 |
| or defended in the name of the Division of Soil and Water | 98009 |
| Resources or the Chief of the Division of Soil and Water | 98010 |
| Resources, whichever is appropriate. Upon application to the court | 98011 |
| or agency, the Division of Soil and Water Resources or the Chief | 98012 |
| of the Division of Soil and Water Resources shall be substituted. | 98013 |
| Section 515.40. On the effective date of this section, the | 98014 |
| Division of Water in the Department of Natural Resources is | 98015 |
| abolished and its functions, and its assets and liabilities, are | 98016 |
| transferred to the Division of Soil and Water Resources and the | 98017 |
| Division of Parks and Recreation, as applicable, in the Department | 98018 |
| of Natural Resources. The Division of Soil and Water Resources and | 98019 |
| the Division of Parks and Recreation, as applicable, are | 98020 |
| successors to, assume the obligations and authority of, and | 98021 |
| otherwise continue the Division of Water. No right, privilege, or | 98022 |
| remedy, and no duty, liability, or obligation, accrued under the | 98023 |
| Division of Water is impaired or lost by reason of the abolishment | 98024 |
| and shall be recognized, administered, performed, or enforced by | 98025 |
| the Division of Soil and Water Resources or the Division of Parks | 98026 |
| and Recreation, whichever is applicable. | 98027 |
| Business commenced but not completed by the Division of Water | 98028 |
| or by the Chief of the Division of Water shall be completed by the | 98029 |
| Division of Soil and Water Resources or the Chief of the Division | 98030 |
| of Soil and Water Resources or by the Division of Parks and | 98031 |
| Recreation or the Chief of the Division of Parks and Recreation, | 98032 |
| whichever is applicable, in the same manner, and with the same | 98033 |
| effect, as if completed by the Division of Water or the Chief of | 98034 |
| the Division of Water. | 98035 |
| All of the Division of Water's rules, orders, and | 98036 |
| determinations continue in effect as rules, orders, and | 98037 |
| determinations of the Division of Soil and Water Resources or the | 98038 |
| Division of Parks and Recreation, whichever is applicable, until | 98039 |
| modified or rescinded by the Division of Soil and Water Resources | 98040 |
| or the Division of Parks and Recreation, as applicable. If | 98041 |
| necessary to ensure the integrity of the numbering of the | 98042 |
| Administrative Code, the Director of the Legislative Service | 98043 |
| Commission shall renumber the Division of Water's rules to | 98044 |
| reflect their transfer to the Division of Soil and Water Resources | 98045 |
| or to the Division of Parks and Recreation, as applicable. | 98046 |
| Subject to the layoff provisions of sections 124.321 to | 98047 |
| 124.382 of the Revised Code, all employees of the Division of | 98048 |
| Water are transferred to the Division of Soil and Water Resources | 98049 |
| or to the Division of Parks and Recreation, as applicable, and | 98050 |
| retain their positions and all benefits accruing thereto. | 98051 |
| The Director of Budget and Management shall determine the | 98052 |
| amount of unexpended balances in the appropriation accounts that | 98053 |
| pertain to the Division of Water and shall recommend to the | 98054 |
| Controlling Board their transfer to the appropriation accounts | 98055 |
| that pertain to the Division of Soil and Water Resources or the | 98056 |
| Division of Parks and Recreation, as applicable. The Chief of the | 98057 |
| Division of Water shall provide full and timely information to the | 98058 |
| Controlling Board to facilitate the transfer. | 98059 |
| Whenever the Division of Water or the Chief of the Division | 98060 |
| of Water is referred to in a statute, contract, or other | 98061 |
| instrument, the reference is deemed to refer to the Division of | 98062 |
| Soil and Water Resources or to the Chief of the Division of Soil | 98063 |
| and Water Resources or to the Division of Parks and Recreation or | 98064 |
| to the Chief of the Division of Parks and Recreation, whichever is | 98065 |
| appropriate in context. | 98066 |
| No pending action or proceeding being prosecuted or defended | 98067 |
| in court or before an agency by the Division of Water or the Chief | 98068 |
| of the Division of Water is affected by the abolishment and shall | 98069 |
| be prosecuted or defended in the name of the Division of Soil and | 98070 |
| Water Resources or the Chief of the Division of Soil and Water | 98071 |
| Resources or of the Division of Parks and Recreation or the Chief | 98072 |
| of the Division of Parks and Recreation, whichever is appropriate. | 98073 |
| Upon application to the court or agency, the Division of Soil and | 98074 |
| Water Resources or the Chief of the Division of Soil and Water | 98075 |
| Resources or the Division of Parks and Recreation or the Chief of | 98076 |
| the Division of Parks and Recreation, whichever is applicable, | 98077 |
| shall be substituted. | 98078 |
| Section 515.50. On the effective date of this section, the | 98079 |
| Division of Real Estate and Land Management in the Department of | 98080 |
| Natural Resources is abolished and its functions, and its assets | 98081 |
| and liabilities, are transferred to the Director of Natural | 98082 |
| Resources, to the Division of Engineering, and to the Division of | 98083 |
| Parks and Recreation, as applicable, in the Department of Natural | 98084 |
| Resources. The Director of Natural Resources, the Division of | 98085 |
| Engineering, and the Division of Parks and Recreation are | 98086 |
| successors to, assume the obligations and authority of, and | 98087 |
| otherwise continue the Division of Real Estate and Land | 98088 |
| Management. No right, privilege, or remedy, and no duty, | 98089 |
| liability, or obligation, accrued under the Division of Real | 98090 |
| Estate and Land Management is impaired or lost by reason of the | 98091 |
| abolishment and shall be recognized, administered, performed, or | 98092 |
| enforced by the Director of Natural Resources, the Division of | 98093 |
| Engineering, and the Division of Parks and Recreation, whichever | 98094 |
| is applicable. | 98095 |
| Business commenced but not completed by the Division of Real | 98096 |
| Estate and Land Management or by the Chief of the Division of Real | 98097 |
| Estate and Land Management shall be completed by the Director of | 98098 |
| Natural Resources, by the Division of Engineering or the Chief | 98099 |
| Engineer, or by the Division of Parks and Recreation or the Chief | 98100 |
| of the Division of Parks and Recreation, whichever is applicable, | 98101 |
| in the same manner, and with the same effect, as if completed by | 98102 |
| the Division of Real Estate and Land Management or the Chief of | 98103 |
| the Division of Real Estate and Land Management. | 98104 |
| All of the Division of Real Estate and Land Management's | 98105 |
| rules, orders, and determinations continue in effect as rules, | 98106 |
| orders, and determinations of the Director of Natural Resources, | 98107 |
| the Division of Engineering, or the Division of Parks and | 98108 |
| Recreation, whichever is applicable, until modified or rescinded | 98109 |
| by the Director of Natural Resources, the Division of Engineering, | 98110 |
| or the Division of Parks and Recreation, as applicable. If | 98111 |
| necessary to ensure the integrity of the numbering of the | 98112 |
| Administrative Code, the Director of the Legislative Service | 98113 |
| Commission shall renumber the Division of Real Estate and Land | 98114 |
| Management's rules to reflect their transfer to the Director of | 98115 |
| Natural Resources, to the Division of Engineering, or to the | 98116 |
| Division of Parks and Recreation, as applicable. | 98117 |
| Subject to the layoff provisions of sections 124.321 to | 98118 |
| 124.382 of the Revised Code, all employees of the Division of Real | 98119 |
| Estate and Land Management are transferred to the office of the | 98120 |
| Director of Natural Resources, the Division of Engineering, or | 98121 |
| the Division of Parks and Recreation, as applicable, and retain | 98122 |
| their positions and all benefits accruing thereto. | 98123 |
| The Director of Budget and Management shall determine the | 98124 |
| amount of unexpended balances in the appropriation accounts that | 98125 |
| pertain to the Division of Real Estate and Land Management and | 98126 |
| shall recommend to the Controlling Board their transfer to the | 98127 |
| appropriation accounts that pertain to the Director of Natural | 98128 |
| Resources, the Division of Engineering, or the Division of Parks | 98129 |
| and Recreation, as applicable. The Chief of the Division of Real | 98130 |
| Estate and Land Management shall provide full and timely | 98131 |
| information to the Controlling Board to facilitate the transfer. | 98132 |
| Whenever the Division of Real Estate and Land Management or | 98133 |
| the Chief of the Division of Real Estate and Land Management is | 98134 |
| referred to in a statute, contract, or other instrument, the | 98135 |
| reference is deemed to refer to the Director of Natural Resources, | 98136 |
| to the Division of Engineering or the Chief Engineer, or to the | 98137 |
| Division of Parks and Recreation or the Chief of the Division of | 98138 |
| Parks and Recreation, whichever is appropriate in context. | 98139 |
| No pending action or proceeding being prosecuted or defended | 98140 |
| in court or before an agency by the Division of Real Estate and | 98141 |
| Land Management or the Chief of the Division of Real Estate and | 98142 |
| Land Management is affected by the abolishment and shall be | 98143 |
| prosecuted or defended in the name of the Department of Natural | 98144 |
| Resources or the Director of Natural Resources, of the Division | 98145 |
| of Engineering or the Chief Engineer, or of the Division of Parks | 98146 |
| and Recreation or the Chief of the Division of Parks and | 98147 |
| Recreation, whichever is appropriate. Upon application to the | 98148 |
| court or agency, the Department of Natural Resources or the | 98149 |
| Director of Natural Resources, the Division of Engineering or the | 98150 |
| Chief Engineer, or the Division of Parks and Recreation or the | 98151 |
| Chief of the Division of Parks and Recreation, whichever is | 98152 |
| applicable, shall be substituted. | 98153 |
| Section 515.60. (A) On the effective date of this section, | 98154 |
| the functions, duties, and responsibilities of the Department of | 98155 |
| Agriculture under sections 3717.01 to 3717.33 and 3717.48 of the | 98156 |
| Revised Code, as those sections existed prior to their amendment | 98157 |
| by this act, are transferred to the Department of Health. The | 98158 |
| Department of Health assumes the obligations and authority of the | 98159 |
| Department of Agriculture under those sections as amended by this | 98160 |
| act. No right, privilege, or remedy and no duty, liability, or | 98161 |
| obligation accrued under those sections prior to their amendment | 98162 |
| by this act is impaired or lost by the transfer and shall be | 98163 |
| recognized, administered, performed, or enforced by the Department | 98164 |
| of Health. | 98165 |
| (B) Business that has been commenced but not completed prior | 98166 |
| to the effective date of this section by the Department of | 98167 |
| Agriculture or the Director of Agriculture pursuant to sections | 98168 |
| 3717.01 to 3717.33 and 3717.48 of the Revised Code, as those | 98169 |
| sections existed prior to their amendment by this act, shall be | 98170 |
| completed by the Department of Health or the Director of Health in | 98171 |
| the same manner, and with the same effect, as if completed by the | 98172 |
| Department of Agriculture or the Director of Agriculture. | 98173 |
| (C) All of the rules adopted by the Director of Agriculture | 98174 |
| under sections 3717.05 and 3717.33 of the Revised Code and all of | 98175 |
| the orders and determinations of the Director issued or made under | 98176 |
| sections 3717.01 to 3717.33 and 3717.48 of the Revised Code, as | 98177 |
| all of those sections existed prior to their amendment by this | 98178 |
| act, continue in effect as rules, orders, and determinations of | 98179 |
| the Director of Health until modified or rescinded by the Director | 98180 |
| of Health. | 98181 |
| (D) All joint letters of opinion that have been issued by the | 98182 |
| Director of Agriculture and the Director of Health in accordance | 98183 |
| with section 3717.041 of the Revised Code, as that section existed | 98184 |
| prior to its amendment by this act, continue in effect as letters | 98185 |
| of opinion of the Director of Health until modified or rescinded | 98186 |
| by the Director of Health. | 98187 |
| (E) Subject to the layoff provisions of sections 124.321 to | 98188 |
| 124.382 of the Revised Code, all employees of the Department of | 98189 |
| Agriculture that are employed prior to the effective date of this | 98190 |
| section to administer and enforce sections 3717.01 to 3717.33 and | 98191 |
| 3717.48 of the Revised Code, as those sections existed prior to | 98192 |
| their amendment by this act, continue with the Department of | 98193 |
| Health and retain their positions and all benefits accruing | 98194 |
| thereto. | 98195 |
| (F) The Director of Budget and Management shall determine the | 98196 |
| amount of unexpended balances in the appropriation accounts that | 98197 |
| pertain to the Department of Agriculture pursuant to sections | 98198 |
| 3717.01 to 3717.33 and 3717.48 of the Revised Code, as those | 98199 |
| sections existed prior to their amendment by this act, and shall | 98200 |
| recommend to the Controlling Board their transfer to the General | 98201 |
| Revenue Fund. The Director of Agriculture shall provide full and | 98202 |
| timely information to the Controlling Board to facilitate the | 98203 |
| transfer. | 98204 |
| (G) Whenever the Department of Agriculture or the Director of | 98205 |
| Agriculture is referred to in a contract or other instrument, the | 98206 |
| reference is deemed to refer to the Department of Health or to the | 98207 |
| Director of Health, whichever is appropriate in context. | 98208 |
| (H) No pending action or proceeding being prosecuted or | 98209 |
| defended in court or before an agency by the Department of | 98210 |
| Agriculture or the Director of Agriculture pursuant to sections | 98211 |
| 3717.01 to 3717.33 and 3717.48 of the Revised Code, as those | 98212 |
| sections existed prior to their amendment by this act, is affected | 98213 |
| by the transfer of authority to administer and enforce those | 98214 |
| sections, as amended by this act, by the Department of Health or | 98215 |
| the Director of Health and shall be prosecuted or defended in the | 98216 |
| name of the Department of Health or the Director of Health, | 98217 |
| whichever is appropriate. Upon application to the court or agency, | 98218 |
| the Department of Health or the Director of Health shall be | 98219 |
| substituted. | 98220 |
| (I) Any appointed member of the Retail Food Safety Advisory | 98221 |
| Council created in section 3717.021 of the Revised Code who is | 98222 |
| serving on the Council on the effective date of this section shall | 98223 |
| remain in office for the remainder of the member's term unless the | 98224 |
| member resigns or is removed from office in accordance with that | 98225 |
| section. Subsequent appointments to the Council shall be made in | 98226 |
| accordance with section 3717.021 of the Revised Code as amended by | 98227 |
| this act. | 98228 |
| Section 518.10. GENERAL OBLIGATION DEBT SERVICE PAYMENTS | 98229 |
| Certain appropriations are in this act for the purpose of | 98230 |
| paying debt service and financing costs on general obligation | 98231 |
| bonds or notes of the state issued pursuant to the Ohio | 98232 |
| Constitution and acts of the General Assembly. If it is determined | 98233 |
| that additional appropriations are necessary for this purpose, | 98234 |
| such amounts are hereby appropriated. | 98235 |
| Section 518.20. LEASE PAYMENTS TO OPFC, OBA, AND TREASURER | 98236 |
| OF STATE | 98237 |
| Certain appropriations are in this act for the purpose of | 98238 |
| making lease rental payments pursuant to leases and agreements | 98239 |
| relating to bonds or notes issued by the Ohio Building Authority | 98240 |
| or the Treasurer of State or, previously, by the Ohio Public | 98241 |
| Facilities Commission, pursuant to the Ohio Constitution and acts | 98242 |
| of the General Assembly. If it is determined that additional | 98243 |
| appropriations are necessary for this purpose, such amounts are | 98244 |
| hereby appropriated. | 98245 |
| Section 518.30. AUTHORIZATION FOR TREASURER OF STATE AND OBM | 98246 |
| TO EFFECTUATE CERTAIN DEBT SERVICE PAYMENTS | 98247 |
| The Office of Budget and Management shall process payments | 98248 |
| from general obligation and lease rental payment appropriation | 98249 |
| items during the period from July 1, 2009, to June 30, 2011, | 98250 |
| relating to bonds or notes issued under Sections 2i, 2k, 2l, 2m, | 98251 |
| 2n, 2o, 2p, 2q, and 15 of Article VIII, Ohio Constitution, and | 98252 |
| Chapters 151. and 154. of the Revised Code. Payments shall be | 98253 |
| made upon certification by the Treasurer of State, Office of the | 98254 |
| Sinking Fund, of the dates and the amounts due on those dates. | 98255 |
| Section 518.40. AUTHORIZATION FOR OHIO BUILDING AUTHORITY | 98256 |
| AND OBM TO EFFECTUATE CERTAIN LEASE RENTAL PAYMENTS | 98257 |
| The Office of Budget and Management shall process payments | 98258 |
| from lease rental payment appropriation items during the period | 98259 |
| from July 1, 2009, to June 30, 2011, pursuant to the lease | 98260 |
| agreements entered into relating to bonds or notes issued under | 98261 |
| Section 2i of Article VIII, Ohio Constitution, and Chapter 152. of | 98262 |
| the Revised Code. Payments shall be made upon certification by the | 98263 |
| Ohio Building Authority of the dates and the amounts due on those | 98264 |
| dates. | 98265 |
| Section 521.10. STATE AND LOCAL REBATE AUTHORIZATION | 98266 |
| There is hereby appropriated, from those funds designated by | 98267 |
| or pursuant to the applicable proceedings authorizing the issuance | 98268 |
| of state obligations, amounts computed at the time to represent | 98269 |
| the portion of investment income to be rebated or amounts in lieu | 98270 |
| of or in addition to any rebate amount to be paid to the federal | 98271 |
| government in order to maintain the exclusion from gross income | 98272 |
| for federal income tax purposes of interest on those state | 98273 |
| obligations under section 148(f) of the Internal Revenue Code. | 98274 |
| Rebate payments shall be approved and vouchered by the Office | 98275 |
| of Budget and Management. | 98276 |
| Section 521.20. STATEWIDE INDIRECT COST RECOVERY | 98277 |
| Whenever the Director of Budget and Management determines | 98278 |
| that an appropriation made to a state agency from a fund of the | 98279 |
| state is insufficient to provide for the recovery of statewide | 98280 |
| indirect costs under section 126.12 of the Revised Code, the | 98281 |
| amount required for such purpose is hereby appropriated from the | 98282 |
| available receipts of such fund. | 98283 |
| Section 521.30. GRF TRANSFERS ON BEHALF OF THE STATEWIDE | 98284 |
| INDIRECT COST ALLOCATION PLAN | 98285 |
| The total transfers made from the General Revenue Fund by the | 98286 |
| Director of Budget and Management under this section shall not | 98287 |
| exceed the amounts transferred into the General Revenue Fund under | 98288 |
| section 126.12 of the Revised Code. | 98289 |
| The director of an agency may certify to the Director of | 98290 |
| Budget and Management the amount of expenses not allowed to be | 98291 |
| included in the Statewide Indirect Cost Allocation Plan under | 98292 |
| federal regulations, from any fund included in the Statewide | 98293 |
| Indirect Cost Allocation Plan, prepared as required by section | 98294 |
| 126.12 of the Revised Code. | 98295 |
| Upon determining that no alternative source of funding is | 98296 |
| available to pay for such expenses, the Director of Budget and | 98297 |
| Management may transfer from the General Revenue Fund into the | 98298 |
| fund for which the certification is made, up to the amount of the | 98299 |
| certification. The director of the agency receiving such funds | 98300 |
| shall include, as part of the next budget submission prepared | 98301 |
| under section 126.02 of the Revised Code, a request for funding | 98302 |
| for such activities from an alternative source such that further | 98303 |
| federal disallowances would not be required. | 98304 |
| Section 521.40. FISCAL YEAR 2009 GENERAL REVENUE FUND ENDING | 98305 |
| BALANCE | 98306 |
| Notwithstanding divisions (B) and (C) of section 131.44 of | 98307 |
| the Revised Code, all fiscal year 2009 surplus revenue in excess | 98308 |
| of the amount required under division (A)(3) of section 131.44 of | 98309 |
| the Revised Code shall remain in the General Revenue Fund. | 98310 |
| Section 521.45. GRF SPENDING REDUCTIONS | 98311 |
| To implement the Executive Order 2009-70S, the Director of | 98312 |
| Budget and Management shall reduce state agency General Revenue | 98313 |
| Fund account categories 510, 520, and 530 expenditures by a | 98314 |
| minimum of $100,000,000 per fiscal year while preserving critical | 98315 |
| services of the state. | 98316 |
| Section 521.50. FEDERAL GOVERNMENT INTEREST REQUIREMENTS | 98317 |
| Notwithstanding any provision of law to the contrary, on or | 98318 |
| before the first day of September of each fiscal year, the | 98319 |
| Director of Budget and Management, in order to reduce the payment | 98320 |
| of adjustments to the federal government, as determined by the | 98321 |
| plan prepared under division (A) of section 126.12 of the Revised | 98322 |
| Code, may designate such funds as the Director considers necessary | 98323 |
| to retain their own interest earnings. | 98324 |
| Section 521.60. FEDERAL CASH MANAGEMENT IMPROVEMENT ACT | 98325 |
| Pursuant to the plan for compliance with the Federal Cash | 98326 |
| Management Improvement Act required by section 131.36 of the | 98327 |
| Revised Code, the Director of Budget and Management may cancel and | 98328 |
| re-establish all or part of encumbrances in like amounts within | 98329 |
| the funds identified by the plan. The amounts necessary to | 98330 |
| re-establish all or part of encumbrances are hereby appropriated. | 98331 |
| Section 521.70. FISCAL STABILIZATION AND RECOVERY | 98332 |
| (A) To ensure the level of accountability and transparency | 98333 |
| required by federal law, the Director of Budget and Management | 98334 |
| may issue guidelines to any agency applying for federal money | 98335 |
| made available to this state for fiscal stabilization and | 98336 |
| recovery purposes, and may prescribe the process by which | 98337 |
| agencies are to comply with any reporting requirements | 98338 |
| established by the federal government. | 98339 |
| (B) Notwithstanding any provision of law to the contrary, | 98340 |
| federal money received by or on behalf of this state for fiscal | 98341 |
| stabilization in support of elementary, secondary, and higher | 98342 |
| education, public safety, and any other government service shall | 98343 |
| be deposited into the state treasury to the credit of the General | 98344 |
| Revenue Fund. The federal money shall not be used as a match for | 98345 |
| the state's share of Medicaid. | 98346 |
| (C) Federal money received by or on behalf of the state for | 98347 |
| fiscal stabilization and recovery purposes in fiscal years 2010 | 98348 |
| and 2011 shall not be used for purposes of the computation of debt | 98349 |
| service under division (D) of Section 17 of Article VIII, Ohio | 98350 |
| Constitution, and division (E) of section 126.16 of the Revised | 98351 |
| Code. | 98352 |
| Section 521.80. OVERSIGHT OF FEDERAL STIMULUS FUNDS | 98353 |
| The Office of Internal Audit within the Office of Budget and | 98354 |
| Management shall monitor and measure the effectiveness of funds | 98355 |
| allocated to the state as part of the federal American Recovery | 98356 |
| and Reinvestment Act of 2009. As part of its duties under this | 98357 |
| section, the Office of Internal Audit shall investigate how funds | 98358 |
| are allocated to each state agency and how the agency spends the | 98359 |
| funds. The Office of Internal Audit shall submit a report of its | 98360 |
| findings to the President of the Senate, Minority Leader of the | 98361 |
| Senate, Speaker of the House of Representatives, Minority Leader | 98362 |
| of the House of Representatives, and the Chairs of the committees | 98363 |
| in the Senate and House of Representatives handling finance and | 98364 |
| appropriations. The report shall be submitted every six months at | 98365 |
| the following intervals: | 98366 |
| (1) For the six-month period ending December 31, 2009, not | 98367 |
| later than February 1, 2010; | 98368 |
| (2) For the six-month period ending June 30, 2010, not later | 98369 |
| than August 1, 2010; | 98370 |
| (3) For the six-month period ending December 31, 2010, not | 98371 |
| later than February 1, 2011; | 98372 |
| (4) For the six-month period ending June 30, 2011, not later | 98373 |
| than August 1, 2011. | 98374 |
| Section 523.10. ADVANCED ENERGY RESEARCH AND DEVELOPMENT | 98375 |
| (A) All items set forth in this division are hereby | 98376 |
| appropriated, for fiscal years 2011 and 2012, the biennium ending | 98377 |
| on June 30, 2012, out of any moneys in the state treasury to the | 98378 |
| credit of the Advanced Energy Research and Development Taxable | 98379 |
| Fund (Fund 7004) derived from the proceeds of obligations | 98380 |
| heretofore authorized under section 166.11 of the Revised Code: | 98381 |
| 98382 | |
| C89800 | Advanced Energy Research and Development Taxable | $ | 9,000,000 | 98383 | |||
| TOTAL Advanced Energy Research and Development Taxable Fund | $ | 9,000,000 | 98384 | ||||
| TOTAL AIR QUALITY DEVELOPMENT AUTHORITY | $ | 9,000,000 | 98385 | ||||
| (B) All items set forth in this division are hereby | 98386 |
| appropriated, for fiscal years 2011 and 2012, the biennium ending | 98387 |
| on June 30, 2012, out of any moneys in the state treasury to the | 98388 |
| credit of the Advanced Energy Research and Development Fund (Fund | 98389 |
| 7005) derived from the proceeds of obligations heretofore | 98390 |
| authorized under section 166.11 of the Revised Code: | 98391 |
| 98392 | |
| C89801 | Advanced Energy Research and Development | $ | 19,000,000 | 98393 | |||
| TOTAL Advanced Energy Research and Development Fund | $ | 19,000,000 | 98394 | ||||
| TOTAL AIR QUALITY DEVELOPMENT AUTHORITY | $ | 19,000,000 | 98395 | ||||
| (C) The appropriation items C89800, Advanced Energy Research | 98396 |
| and Development Taxable, and C89801, Advanced Energy Research and | 98397 |
| Development, shall be used for advanced energy projects as | 98398 |
| provided in sections 3706.25 to 3706.30 of the Revised Code. | 98399 |
| (D) Expenditures from appropriations contained in this | 98400 |
| section may be accounted for as though made in the main capital | 98401 |
| appropriations act for the fiscal year 2011-2012 biennium enacted | 98402 |
| by the 128th General Assembly. The Air Quality Development | 98403 |
| Authority shall not expend any of the appropriations made in this | 98404 |
| section until after July 1, 2010. | 98405 |
| Section 601.10. That Sections 205.10, 309.10, 317.10, 321.10, | 98406 |
| 325.20, and 327.10 of Am. Sub. H.B. 2 of the 128th General | 98407 |
| Assembly be amended to read as follows: | 98408 |
| Sec. 205.10. DPS DEPARTMENT OF PUBLIC SAFETY | 98409 |
| State Highway Safety Fund Group | 98410 |
| 4W40 | 762321 | Operating Expense - BMV | $ | 85,145,103 | $ | 89,005,103 | 98411 | ||||
| 4W40 | 762410 | Registrations Supplement | $ | 31,753,145 | $ | 32,480,610 | 98412 | ||||
| 5V10 | 762682 | License Plate Contributions | $ | 2,100,000 | $ | 2,100,000 | 98413 | ||||
| 7036 | 761321 | Operating Expense - Information and Education | $ | 8,819,954 | $ | 8,828,661 | 98414 | ||||
| 7036 | 761401 | Lease Rental Payments | $ | 13,337,000 | $ | 11,836,200 | 98415 | ||||
| 7036 | 764033 | Minor Capital Projects | $ | 1,250,000 | $ | 1,250,000 | 98416 | ||||
| 7036 | 764321 | Operating Expense - Highway Patrol | $ | 269,887,828 | $ | 269,975,259 | 98417 | ||||
| 7036 | 764605 | Motor Carrier Enforcement Expenses | $ | 3,340,468 | $ | 3,340,468 | 98418 | ||||
| 8300 | 761603 | Salvage and Exchange - Administration | $ | 20,800 | $ | 21,632 | 98419 | ||||
| 8310 | 761610 | Information and Education - Federal | $ | 468,982 | $ | 468,982 | 98420 | ||||
| 8310 | 764610 | Patrol - Federal | $ | 2,455,484 | $ | 2,455,484 | 98421 | ||||
| 8310 | 764659 | Transportation Enforcement - Federal | $ | 6,132,592 | $ | 6,132,592 | 98422 | ||||
| 8310 | 765610 | EMS - Federal | $ | 582,007 | $ | 582,007 | 98423 | ||||
| 8310 | 767610 | Liquor Enforcement - Federal | $ | 514,184 | $ | 514,184 | 98424 | ||||
| 8310 | 769610 | Food Stamp Trafficking Enforcement - Federal | $ | 1,032,135 | $ | 1,032,135 | 98425 | ||||
| 8310 | 769631 | Homeland Security - Federal | $ | 2,100,000 | $ | 2,184,000 | 98426 | ||||
| 8320 | 761612 | Traffic Safety - Federal | $ | 16,577,565 | $ | 16,577,565 | 98427 | ||||
| 8350 | 762616 | Financial Responsibility Compliance | $ | 6,063,600 | $ | 6,063,600 | 98428 | ||||
| 8370 | 764602 | Turnpike Policing | $ | 11,553,959 | $ | 11,553,959 | 98429 | ||||
| 8380 | 764606 | Patrol Reimbursement | $ | 100,000 | $ | 100,000 | 98430 | ||||
| 83C0 | 764630 | Contraband, Forfeiture, Other | $ | 622,894 | $ | 622,894 | 98431 | ||||
| 83F0 | 764657 | Law Enforcement Automated Data System | $ | 10,984,978 | $ | 9,053,266 | 98432 | ||||
| 83G0 | 764633 | OMVI Enforcement/Education | $ | 650,000 | $ | 650,000 | 98433 | ||||
| 83J0 | 764693 | Highway Patrol Justice Contraband | $ | 2,100,000 | $ | 2,100,000 | 98434 | ||||
| 83M0 | 765624 | Operating Expense - Trauma and EMS | $ | 2,915,113 | $ | 2,924,562 | 98435 | ||||
| 83N0 | 761611 | Elementary School Seat Belt Program | $ | 390,000 | $ | 405,600 | 98436 | ||||
| 83P0 | 765637 | EMS Grants | $ | 4,562,912 | $ | 4,562,912 | 98437 | ||||
| 83R0 | 762639 | Local Immobilization Reimbursement | $ | 750,000 | $ | 750,000 | 98438 | ||||
| 83T0 | 764694 | Highway Patrol Treasury Contraband | $ | 21,000 | $ | 21,000 | 98439 | ||||
| 8400 | 764607 | State Fair Security | $ | 1,396,283 | $ | 1,396,283 | 98440 | ||||
| 8400 | 764617 | Security and Investigations | $ | 6,317,530 | $ | 6,432,686 | 98441 | ||||
| 8400 | 764626 | State Fairgrounds Police Force | $ | 830,769 | $ | 849,883 | 98442 | ||||
| 8400 | 769632 | Homeland Security - Operating | $ | 1,552,049 | $ | 1,614,131 | 98443 | ||||
| 8410 | 764603 | Salvage and Exchange - Highway Patrol | $ | 1,339,399 | $ | 1,339,399 | 98444 | ||||
| 8440 | 761613 | Seat Belt Education Program | $ | 400,000 | $ | 400,000 | 98445 | ||||
| 8460 | 761625 | Motorcycle Safety Education | $ | 3,324,987 | $ | 3,538,903 | 98446 | ||||
| 8490 | 762627 | Automated Title Processing Board | $ | 19,240,839 | $ | 19,240,839 | 98447 | ||||
| TOTAL HSF State Highway Safety Fund Group | $ | 520,633,559 | $ | 522,404,799 | 98448 | ||||||
| General Services Fund Group | 98449 |
| 4P60 | 768601 | Justice Program Services | $ | 1,070,962 | $ | 1,109,004 | 98450 | ||||
| 4S30 | 766661 | Hilltop Utility Reimbursement | $ | 520,000 | $ | 540,800 | 98451 | ||||
| 5ET0 | 768625 | Drug Law Enforcement | $ | 4,200,000 | $ | 4,200,000 | 98452 | ||||
| 5Y10 | 764695 | Highway Patrol Continuing Professional Training | $ | 280,820 | $ | 280,820 | 98453 | ||||
| 5Y10 | 767696 | Investigative Unit Continuing Professional Training | $ | 15,000 | $ | 15,000 | 98454 | ||||
| TOTAL GSF General Services Fund Group | $ | 6,086,782 | $ | 6,145,624 | 98455 | ||||||
| Federal Special Revenue Fund Group | 98456 |
| 3290 | 763645 | Federal Mitigation Program | $ | 10,801,636 | $ | 11,233,702 | 98457 | ||||
| 3370 | 763609 | Federal Disaster Relief | $ | 27,707,636 | $ | 27,707,636 | 98458 | ||||
| 3390 | 763647 | Emergency Management Assistance and Training | $ | 84,031,935 | $ | 84,072,023 | 98459 | ||||
| 3AY0 | 768606 | Federal Justice Grants | $ | 1,020,000 | $ | 745,000 | 98460 | ||||
| 3CB0 | 768691 | Federal Justice Grants - FFY06 | $ | 920,000 | $ | 795,000 | 98461 | ||||
| 3CC0 | 768609 | Justice Assistance Grants - FFY07 | $ | 1,450,000 | $ | 1,215,000 | 98462 | ||||
| 3DE0 | 768612 | Federal Stimulus - Justice Assistance Grants | $ | 36,146,492 | $ | 1,902,447 | 98463 | ||||
| 3DH0 | 768613 | Federal Stimulus - Justice Programs | $ | 4,404,597 | $ | 200,000 | 98464 | ||||
| 3L50 | 768604 | Justice Program | $ | 12,056,300 | $ | 12,056,300 | 98465 | ||||
| 3N50 | 763644 | U.S. Department of Energy Agreement | $ | 31,358 | $ | 31,672 | 98466 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | $ | 98467 | ||||||||
| State Special Revenue Fund Group | 98468 |
| 4V30 | 763662 | EMA Service and Reimbursement | $ | 4,474,751 | $ | 4,653,743 | 98469 | ||||
| 5390 | 762614 | Motor Vehicle Dealers Board | $ | 200,000 | $ | 200,000 | 98470 | ||||
| 5B90 | 766632 | Private Investigator and Security Guard Provider | $ | 1,341,478 | $ | 1,395,137 | 98471 | ||||
| 5BK0 | 768687 | Criminal Justice Services - Operating | $ | 400,000 | $ | 400,000 | 98472 | ||||
| 5BK0 | 768689 | Family Violence Shelter Programs | $ | 750,000 | $ | 750,000 | 98473 | ||||
| 5CM0 | 767691 | Federal Investigative Seizure | $ | 642,175 | $ | 642,175 | 98474 | ||||
| 5DS0 | 769630 | Homeland Security | $ | 517,350 | $ | 538,044 | 98475 | ||||
| 5FF0 | 762621 | Indigent Interlock and Alcohol Monitoring | $ | 1,600,000 | $ | 2,750,000 | 98476 | ||||
| 5FL0 | 769634 | Investigations | $ | 1,172,080 | $ | 1,195,522 | 98477 | ||||
| 6220 | 767615 | Investigative Contraband and Forfeiture | $ | 375,000 | $ | 375,000 | 98478 | ||||
| 6570 | 763652 | Utility Radiological Safety | $ | 1,413,889 | $ | 1,415,945 | 98479 | ||||
| 6810 | 763653 | SARA Title III HAZMAT Planning | $ | 254,794 | $ | 262,438 | 98480 | ||||
| 8500 | 767628 | Investigative Unit Salvage | $ | 100,000 | $ | 100,000 | 98481 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 13,241,517 | $ | 14,678,004 | 98482 | ||||||
| Liquor Control Fund Group | 98483 |
| 7043 | 767321 | Liquor Enforcement - Operating | $ | 12,007,894 | $ | 11,897,178 | 98484 | ||||
| TOTAL LCF Liquor Control Fund Group | $ | 12,007,894 | $ | 11,897,178 | 98485 | ||||||
| Agency Fund Group | 98486 |
| 5J90 | 761678 | Federal Salvage/GSA | $ | 1,500,000 | $ | 1,500,000 | 98487 | ||||
| TOTAL AGY Agency Fund Group | $ | 1,500,000 | $ | 1,500,000 | 98488 | ||||||
| Holding Account Redistribution Fund Group | 98489 |
| R024 | 762619 | Unidentified Motor Vehicle Receipts | $ | 1,885,000 | $ | 1,885,000 | 98490 | ||||
| R052 | 762623 | Security Deposits | $ | 350,000 | $ | 350,000 | 98491 | ||||
| TOTAL 090 Holding Account Redistribution Fund Group | $ | 2,235,000 | $ | 2,235,000 | 98492 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | $ | 98493 | ||||||||
| MOTOR VEHICLE REGISTRATION | 98494 |
| The Registrar of Motor Vehicles may deposit revenues to meet | 98495 |
| the cash needs of the State Bureau of Motor Vehicles Fund (Fund | 98496 |
| 4W40) established in section 4501.25 of the Revised Code, obtained | 98497 |
| under sections 4503.02 and 4504.02 of the Revised Code, less all | 98498 |
| other available cash. Revenue deposited pursuant to this paragraph | 98499 |
| shall support, in part, appropriations for operating expenses and | 98500 |
| defray the cost of manufacturing and distributing license plates | 98501 |
| and license plate stickers and enforcing the law relative to the | 98502 |
| operation and registration of motor vehicles. Notwithstanding | 98503 |
| section 4501.03 of the Revised Code, the revenues shall be paid | 98504 |
| into Fund 4W40 before any revenues obtained pursuant to sections | 98505 |
| 4503.02 and 4504.02 of the Revised Code are paid into any other | 98506 |
| fund. The deposit of revenues to meet the aforementioned cash | 98507 |
| needs shall be in approximately equal amounts on a monthly basis | 98508 |
| or as otherwise determined by the Director of Budget and | 98509 |
| Management pursuant to a plan submitted by the Registrar of | 98510 |
| Motor Vehicles. | 98511 |
| CASH TRANSFERS FROM THE STATE BUREAU OF MOTOR VEHICLES FUND | 98512 |
| Notwithstanding any provision of law to the contrary, on July | 98513 |
| 1, 2009, or as soon as possible thereafter, the Director of Budget | 98514 |
| and Management may transfer, from the Bureau of Motor Vehicles | 98515 |
| Fund (Fund 4W40), cash in the amounts of up to $635,293 to the | 98516 |
| Justice Program Services Fund (Fund 4P60), up to $3,284,464 to the | 98517 |
| EMA Service and Reimbursement Fund (Fund 4V30), and up to $879,060 | 98518 |
| to the Investigations Fund (Fund 5FL0). | 98519 |
| Notwithstanding any provision to the contrary, the Director | 98520 |
| of Budget and Management may make additional cash transfers in | 98521 |
| fiscal years 2010 and 2011 from the Bureau of Motor Vehicles Fund | 98522 |
| (Fund 4W40) to any of the following five funds if the Director of | 98523 |
| Public Safety determines that the cash balance is insufficient in | 98524 |
| those funds and requests the Director to make the transfer: the | 98525 |
| Justice Program Services Fund (Fund 4P60), the EMA Service and | 98526 |
| Reimbursement Fund (Fund 4V30), the Investigations Fund (Fund | 98527 |
| 5FL0), the Homeland Security Fund (Fund 5DS0), and the Trauma and | 98528 |
| Emergency Medical Services Fund (Fund 83M0). | 98529 |
| CAPITAL PROJECTS | 98530 |
| The Registrar of Motor Vehicles may transfer cash from the | 98531 |
| State Bureau of Motor Vehicles Fund (Fund 4W40) to the State | 98532 |
| Highway Safety Fund (Fund 7036) to meet its obligations for | 98533 |
| capital projects CIR-047, Department of Public Safety Office | 98534 |
| Building and CIR-049, Warehouse Facility. | 98535 |
| OBA BOND AUTHORITY/LEASE RENTAL PAYMENTS | 98536 |
| The foregoing appropriation item 761401, Lease Rental | 98537 |
| Payments, shall be used for payments to the Ohio Building | 98538 |
| Authority for the period July 1, 2009, to June 30, 2011, under the | 98539 |
| primary leases and agreements for public safety related buildings | 98540 |
| financed by obligations issued under Chapter 152. of the Revised | 98541 |
| Code. Notwithstanding section 152.24 of the Revised Code, the Ohio | 98542 |
| Building Authority may, with approval of the Director of Budget | 98543 |
| and Management, lease capital facilities to the Department of | 98544 |
| Public Safety. | 98545 |
| HILLTOP TRANSFER | 98546 |
| The Director of Public Safety shall determine, per an | 98547 |
| agreement with the Director of Transportation, the share of each | 98548 |
| debt service payment made out of appropriation item 761401, Lease | 98549 |
| Rental Payments, that relates to the Department of | 98550 |
| Transportation's portion of the Hilltop Building Project, and | 98551 |
| shall certify to the Director of Budget and Management the amounts | 98552 |
| of this share. The Director of Budget and Management shall | 98553 |
| transfer the amounts of such shares from the Highway Operating | 98554 |
| Fund (Fund 7002) to the State Highway Safety Fund (Fund 7036). | 98555 |
| CASH TRANSFERS OF SEAT BELT FINE REVENUES | 98556 |
| Notwithstanding any provision of law to the contrary, the | 98557 |
| Controlling Board, upon request of the Director of Public Safety, | 98558 |
| may approve the transfer of cash between the following four funds | 98559 |
| that receive fine revenues from enforcement of the mandatory seat | 98560 |
| belt law: the Trauma and Emergency Medical Services Fund (Fund | 98561 |
| 83M0), the Elementary School Program Fund (Fund 83N0), the Trauma | 98562 |
| and Emergency Medical Services Grants Fund (Fund 83P0), and the | 98563 |
| Seat Belt Education Fund (Fund 8440). | 98564 |
| STATE DISASTER RELIEF | 98565 |
| The State Disaster Relief Fund (Fund 5330) may accept | 98566 |
| transfers of cash and appropriations from Controlling Board | 98567 |
| appropriation items for Ohio Emergency Management Agency disaster | 98568 |
| response costs and disaster program management costs, and may | 98569 |
| also be used for the following purposes: | 98570 |
| (A) To accept transfers of cash and appropriations from | 98571 |
| Controlling Board appropriation items for Ohio Emergency | 98572 |
| Management Agency public assistance and mitigation program match | 98573 |
| costs to reimburse eligible local governments and private | 98574 |
| nonprofit organizations for costs related to disasters; | 98575 |
| (B) To accept and transfer cash to reimburse the costs | 98576 |
| associated with Emergency Management Assistance Compact (EMAC) | 98577 |
| deployments; | 98578 |
| (C) To accept disaster related reimbursement from federal, | 98579 |
| state, and local governments. The Director of Budget and | 98580 |
| Management may transfer cash from reimbursements received by this | 98581 |
| fund to other funds of the state from which transfers were | 98582 |
| originally approved by the Controlling Board. | 98583 |
| (D) To accept transfers of cash and appropriations from | 98584 |
| Controlling Board appropriation items to fund the State Disaster | 98585 |
| Relief Program, for disasters that have been declared by the | 98586 |
| Governor, and the State Individual Assistance Program for | 98587 |
| disasters that have been declared by the Governor and the federal | 98588 |
| Small Business Administration. The Ohio Emergency Management | 98589 |
| Agency shall publish and make available application packets | 98590 |
| outlining procedures for the State Disaster Relief Program and the | 98591 |
| State Individual Assistance Program. | 98592 |
| JUSTICE ASSISTANCE GRANT FUND | 98593 |
| The federal payments made to the state for the Byrne Justice | 98594 |
| Assistance Grants Program under Title II of Division A of the | 98595 |
| American Recovery and Reinvestment Act of 2009 shall be deposited | 98596 |
| to the credit of the Justice Assistance Grant Fund (Fund 3DE0), | 98597 |
| which is hereby created in the state treasury. All investment | 98598 |
| earnings of the fund shall be credited to the fund. | 98599 |
| JUSTICE ASSISTANCE GRANTS | 98600 |
| The foregoing appropriation | 98601 |
| Stimulus - Justice Assistance Grants, and 768613, Federal | 98602 |
| Stimulus - Justice Programs, shall be used to support activities | 98603 |
| to prevent and control crime and to improve the criminal justice | 98604 |
| system. | 98605 |
| FAMILY VIOLENCE PREVENTION FUND | 98606 |
| Notwithstanding any provision of law to the contrary, in | 98607 |
| each of fiscal years 2010 and 2011, the first $750,000 received | 98608 |
| to the credit of the Family Violence Prevention Fund (Fund 5BK0) | 98609 |
| in each of those fiscal years shall be appropriated to | 98610 |
| appropriation item 768689, Family Violence Shelter Programs, and | 98611 |
| the next $400,000 received to the credit of Fund 5BK0 in each of | 98612 |
| those fiscal years shall be appropriated to appropriation item | 98613 |
| 768687, Criminal Justice Services - Operating. Any moneys | 98614 |
| received to the credit of Fund 5BK0 in excess of the | 98615 |
| aforementioned appropriated amounts in each fiscal year shall, | 98616 |
| upon the approval of the Controlling Board, be used to provide | 98617 |
| grants to family violence shelters in Ohio. | 98618 |
| SARA TITLE III HAZMAT PLANNING | 98619 |
| The SARA Title III HAZMAT Planning Fund (Fund 6810) is | 98620 |
| entitled to receive grant funds from the Emergency Response | 98621 |
| Commission to implement the Emergency Management Agency's | 98622 |
| responsibilities under Chapter 3750. of the Revised Code. | 98623 |
| COLLECTIVE BARGAINING INCREASES | 98624 |
| Notwithstanding division (D) of section 127.14 and division | 98625 |
| (B) of section 131.35 of the Revised Code, except for the General | 98626 |
| Revenue Fund, the Controlling Board may, upon the request of | 98627 |
| either the Director of Budget and Management, or the Department of | 98628 |
| Public Safety with the approval of the Director of Budget and | 98629 |
| Management, increase appropriations for any fund, as necessary for | 98630 |
| the Department of Public Safety, to assist in paying the costs of | 98631 |
| increases in employee compensation that have occurred pursuant to | 98632 |
| collective bargaining agreements under Chapter 4117. of the | 98633 |
| Revised Code and, for exempt employees, under section 124.152 of | 98634 |
| the Revised Code. | 98635 |
| CASH BALANCE FUND REVIEW | 98636 |
| Not later than the first day of April in each fiscal year of | 98637 |
| the biennium, the Director of Budget and Management shall review | 98638 |
| the cash balances for each fund, except the State Highway Safety | 98639 |
| Fund (Fund 7036) and the State Bureau of Motor Vehicles Fund (Fund | 98640 |
| 4W40), in the State Highway Safety Fund Group, and shall | 98641 |
| recommend to the Controlling Board an amount to be transferred to | 98642 |
| the credit of Fund 7036 or Fund 4W40, as appropriate. | 98643 |
| Sec. 309.10. The federal payments made to the state for | 98644 |
| the Weatherization Assistance Program and the State Energy Grant | 98645 |
| Program under Title IV of Division A of the American Recovery | 98646 |
| and Reinvestment Act of 2009, and for the Homelessness Prevention | 98647 |
| Fund under Title XII of Division A of the American Recovery and | 98648 |
| Reinvestment Act of 2009, shall be deposited to the credit of | 98649 |
| the Federal Special Revenue Fund (Fund 3080). | 98650 |
| The federal payments made to the state for the Energy Star | 98651 |
| Rebate Program under the American Recovery and Reinvestment Act | 98652 |
| of 2009 shall be deposited to the credit of the Energy Star | 98653 |
| Rebate Program Fund (Fund 3DA0), which is hereby created in the | 98654 |
| state treasury. | 98655 |
| The federal payments made to the state for the Energy | 98656 |
| Efficiency and Conservation Block Grants Program under Title IV of | 98657 |
| Division A of the American Recovery and Reinvestment Act of 2009 | 98658 |
| shall be deposited to the credit of the Energy Efficiency and | 98659 |
| Conservation Block Grants Fund (Fund 3DB0), which is hereby | 98660 |
| created in the state treasury. | 98661 |
| The federal payments made to the state for the Community | 98662 |
| Development Block Grant program under Title XII of Division A of | 98663 |
| the American Recovery and Reinvestment Act of 2009 shall be | 98664 |
| deposited to the credit of the Community Development Block Grant | 98665 |
| Fund (Fund 3K80). | 98666 |
| The federal payments made to the state for community | 98667 |
| services block grants under Title XII of Division A of the | 98668 |
| American Recovery and Reinvestment Act of 2009 shall be deposited | 98669 |
| to the credit of the Community Services Block Grant Fund (Fund | 98670 |
| 3L00). | 98671 |
| The federal payments made to the state for the Home | 98672 |
| Investment Partnerships Program under Title XII of Division A of | 98673 |
| the American Recovery and Reinvestment Act of 2009 shall be | 98674 |
| deposited to the credit of the HOME Program Fund (Fund 3V10). | 98675 |
| The items in this division are appropriated as designated | 98676 |
| out of any moneys in the state treasury to the credit of their | 98677 |
| respective funds that are not otherwise appropriated. | 98678 |
| Appropriations |
| 98679 | |
| Federal Special Revenue Fund Group | 98680 |
| 3080 | 195603 | Housing and Urban Development | $ | 0 | $ | 26,205,724 | 98681 | ||||
| 3080 | 195605 | Federal Projects | $ | 0 | $ | 266,781,409 | 98682 | ||||
| 3080 | 195618 | Energy Federal Grants | $ | 0 | $ | 96,083,000 | 98683 | ||||
| 3DA0 | 195632 | Federal Stimulus - Energy Star Rebate Program | $ | 0 | $ | 11,000,000 | 98684 | ||||
| 3DB0 | 195642 | Federal Stimulus - Energy Efficiency and Conservation Block Grants | $ | 0 | $ | 21,000,000 | 98685 | ||||
| 3K80 | 195613 | Community Development Block Grant | $ | 0 | $ | 12,957,527 | 98686 | ||||
| 3L00 | 195612 | Community Services Block Grant | $ | 0 | $ | 38,979,000 | 98687 | ||||
| 3V10 | 195601 | HOME Program | $ | 0 | $ | 83,484,547 | 98688 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 0 | $ | 556,491,207 | 98689 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 0 | $ | 556,491,207 | 98690 | ||||||
| The foregoing appropriation item 195605, Federal Projects, | 98691 |
| shall be used to carry out the Home Weatherization Assistance | 98692 |
| Program, subject to any requirements of the American Recovery and | 98693 |
| Reinvestment Act of 2009 that apply to the money appropriated. | 98694 |
| The foregoing appropriation items 195603, Housing and Urban | 98695 |
| Development, 195618, Energy Federal Grants, 195613, Community | 98696 |
| Development Block Grant, 195612, Community Services Block Grant, | 98697 |
| 195601, HOME Program, 195632, Federal Stimulus - Energy Star | 98698 |
| Rebate Program, and 195642, Federal Stimulus - Energy Efficiency | 98699 |
| and Conservation Block Grants, shall be used in accordance with | 98700 |
| the requirements of the American Recovery and Reinvestment Act of | 98701 |
| 2009 that apply to the money appropriated. | 98702 |
| Sec. 317.10. (A) | 98703 |
| 98704 | |
| 98705 | |
| 98706 | |
| 98707 |
| | 98708 |
| Supplemental Nutrition Program under Title VIII of Division A of | 98709 |
| the American Recovery and Reinvestment Act of 2009 shall be | 98710 |
| deposited to the credit of the Women, Infants, and Children Fund | 98711 |
| (Fund 3890). | 98712 |
| | 98713 |
| Infants and Children Program under Title VIII of Division A of the | 98714 |
| American Recovery and Reinvestment Act of 2009 shall be deposited | 98715 |
| to the credit of the General Operations Fund (Fund 3920). | 98716 |
| | 98717 |
| designated out of any moneys in the state treasury to the credit | 98718 |
| of their respective funds that are not otherwise appropriated. | 98719 |
| Appropriations |
| 98720 | |
| Federal Special Revenue Fund Group | 98721 |
| 3890 | 440604 | Women, Infants, and Children | $ | 0 | $ | 2,000,000 | 98722 | ||||
| 3920 | 440618 | Federal Public Health Programs | $ | 0 | $ | 14,410,000 | 98723 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 0 | $ | 16,410,000 | 98724 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 0 | $ | 16,410,000 | 98725 | ||||||
| The foregoing appropriation items 440604, Women, Infants, | 98726 |
| and Children, and 440618, Federal Public Health Programs, shall be | 98727 |
| used in accordance with the requirements of the American | 98728 |
| Recovery and Reinvestment Act of 2009 that apply to the money | 98729 |
| appropriated. | 98730 |
| Sec. 321.10. The federal payments made to the state for | 98731 |
| the Vocational Rehabilitation Program under Title VIII of | 98732 |
| Division A of the American Recovery and Reinvestment Act of 2009 | 98733 |
| shall be deposited to the credit of the Consolidated Federal Fund | 98734 |
| (Fund 3790). | 98735 |
| The federal payments made to the state for the Independent | 98736 |
| Living Program under Title VIII of Division A of the American | 98737 |
| Recovery and Reinvestment Act of 2009 shall be deposited to the | 98738 |
| credit of the Independent Living/Vocational Rehabilitation Fund | 98739 |
| (Fund 3L40). | 98740 |
| The items in this section are appropriated as designated out | 98741 |
| of any moneys in the state treasury to the credit of their | 98742 |
| respective funds that are not otherwise appropriated. | 98743 |
| Appropriations |
| 98744 | |
| Federal Special Revenue Fund Group | 98745 |
| 3790 | 415616 | Federal - Vocational Rehabilitation | $ | 0 | $ | 21,590,000 | 98746 | ||||
| 3L40 | 415612 | Federal Independent Living Centers or Services | $ | 0 | $ | 98747 | |||||
| 3L40 | 415617 | Independent Living/Vocational Rehabilitation Programs | $ | 0 | $ | 1,392,958 | 98748 | ||||
| 4680 | 415618 | Third Party Funding | $ | 0 | $ | 245,816 | 98749 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 0 | $ | 98750 | |||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 0 | $ | 98751 | |||||||
| The foregoing appropriation items 415616, Federal – | 98752 |
| Vocational Rehabilitation, 415612, Federal Independent Living | 98753 |
| Centers or Services, and 415617, Independent Living/Vocational | 98754 |
| Rehabilitation Programs, shall be used in accordance with the | 98755 |
| requirements of the American Recovery and Reinvestment Act of 2009 | 98756 |
| that apply to the money appropriated. | 98757 |
| Sec. 325.20. Expenditures from appropriations made in | 98758 |
| 98759 | |
| though made in Am. Sub. H.B. 67 of the 127th General Assembly. | 98760 |
| However, law contained in the relevant operating appropriations | 98761 |
| act that is generally applicable to the appropriations made in | 98762 |
| that act also is generally applicable to the appropriations made | 98763 |
|
in | 98764 |
| 2 of the 128th General Assembly. | 98765 |
| Sec. 327.10. The unexpended, unencumbered portions of the | 98766 |
| appropriation items made in Sections 303.10, 305.10, 307.10, | 98767 |
|
309.10, 311.10, 313.10, 317.10,
318.10, 319.10, 321.10, | 98768 |
| and 325.10 of Am. Sub. H.B. 2 of the 128th General Assembly at | 98769 |
| the end of fiscal year 2009 are hereby reappropriated for the | 98770 |
| same purposes for fiscal year 2010. | 98771 |
| Section 601.11. That existing Sections 205.10, 309.10, | 98772 |
| 317.10, 321.10, 325.20, and 327.10 of Am. Sub. H.B. 2 of the | 98773 |
| 128th General Assembly are hereby repealed. | 98774 |
| Section 610.10. That Sections 103.80.80, 103.80.90, | 98775 |
| 301.20.50, and 301.30.30 of H.B. 496 of the 127th General | 98776 |
| Assembly be amended to read as follows: | 98777 |
| Reappropriations |
| Sec. 103.80.80. OSB SCHOOL FOR THE BLIND | 98778 |
| C22606 | Glass Windows/East Wall of Natatorium | $ | 63,726 | 98779 | |||
| C22607 | Renovation of Science Laboratory Greenhouse | $ | 58,850 | 98780 | |||
| C22608 | Renovating Recreation Area | $ | 213,900 | 98781 | |||
| C22609 | New Classrooms for Secondary MH Program | $ | 996,164 | 98782 | |||
| C22610 | Renovation of Student Health Service Area | $ | 144,375 | 98783 | |||
| C22611 | Replacement of Cottage Windows | $ | 208,725 | 98784 | |||
| C22612 | Residential Renovations | $ | 98785 | ||||
| C22613 | Food Preparation Area Air Conditioning | $ | 67,250 | 98786 | |||
| C22614 | New School Lighting | $ | 184,500 | 98787 | |||
| C22616 | Renovation and Repairs | $ | 890,000 | 98788 | |||
| C22617 | Elevator Replacement | $ | 110,000 | 98789 | |||
| Total Ohio School for the Blind | $ | 98790 | |||||
| RESIDENTIAL RENOVATIONS | 98791 |
| The amount reappropriated for the foregoing appropriation | 98792 |
| item C22612, Residential Renovations, is the unencumbered and | 98793 |
| unallotted balance as of June 30, 2008, in appropriation item | 98794 |
| C22612, Residential Renovations, plus $34,606. | 98795 |
| Reappropriations |
| Sec. 103.80.90. OSD SCHOOL FOR THE DEAF | 98796 |
| C22103 | Dormitory Renovations | $ | 2,833 | 98797 | |||
| C22104 | Boilers, Blowers, and Controls for the School Complex | $ | 47,360 | 98798 | |||
| C22105 | Central Warehouse | $ | 676,624 | 98799 | |||
| C22106 | Storage Barn | $ | 98800 | ||||
| C22107 | Renovation and Repairs | $ | 1,000,000 | 98801 | |||
| Total Ohio School for the Deaf | $ | 98802 | |||||
| TOTAL Administrative Building Fund | $ | 98803 | |||||
| STORAGE BARN | 98804 |
| The amount reappropriated for the foregoing appropriation | 98805 |
| item C22106, Storage Barn, is the unencumbered and unallotted | 98806 |
| balance as of June 30, 2008, in appropriation item C22106, Storage | 98807 |
| Barn, plus $53,429. | 98808 |
| Reappropriations |
| Sec. 301.20.50. CLS CLEVELAND STATE UNIVERSITY | 98809 |
| C26000 | Basic Renovations | $ | 5,169,538 | 98810 | |||
| C26002 | 17th - 18th Street Block | $ | 93,418 | 98811 | |||
| C26003 | Instructional and Data Processing Equipment | $ | 1,324,280 | 98812 | |||
| C26004 | Asbestos Abatement | $ | 410,414 | 98813 | |||
| C26007 | Land Acquisitions | $ | 9,264 | 98814 | |||
| C26008 | Geographic Information Systems | $ | 46,335 | 98815 | |||
| C26009 | Landscaping/Sidewalks/Stairs | $ | 15,742 | 98816 | |||
| C26011 | College of Education Building | $ | 26,612,728 | 98817 | |||
| C26012 | Electrical System Upgrades - Phase 2 | $ | 9,550 | 98818 | |||
| C26013 | Fire Alarm System Upgrade | $ | 37,450 | 98819 | |||
| C26014 | Property Acquisition | $ | 1,120,237 | 98820 | |||
| C26016 | Student Services | $ | 10,017 | 98821 | |||
| C26022 | Campus Fire Alarm Upgrade | $ | 355,145 | 98822 | |||
| C26024 | Rhodes Tower Data Center Relocation | $ | 22,055 | 98823 | |||
| C26025 | University Annex-Vacate and Demolition | $ | 49,390 | 98824 | |||
| C26027 | Cleveland Playhouse | $ | 60,822 | 98825 | |||
| C26031 | Main Classroom Stair Tower & Entry | $ | 18,582 | 98826 | |||
| C26033 | Physical Education Building Pool Painting and Light Fixture Replacement | $ | 2,901 | 98827 | |||
| C26034 | Neighborhood Centers Renovations | $ | 500,000 | 98828 | |||
| C26035 | Cleveland Institute of Art | $ | 2,000,000 | 98829 | |||
| C26036 | Bakers Building Renovations | $ | 1,328,583 | 98830 | |||
| C26038 | Cleveland State University Windtower Generator Project | $ | 400,000 | 98831 | |||
| C26039 | Kenston Wind Turbine Project in Geauga | $ | 300,000 | 98832 | |||
| C26041 | Anthropology Department Renovation/Relocation | $ | 400,000 | 98833 | |||
| C26042 | Chester Building Annex Demolition | $ | 921,583 | 98834 | |||
| C26043 | Law Building Roof Replacement | $ | 213,937 | 98835 | |||
| C26044 | Sensor Systems Engineering | $ | 15,958,820 | 98836 | |||
| C26057 | Western Reserve Historical Society | $ | 3,500,000 | 98837 | |||
| Total Cleveland State University | $ | 98838 | |||||
| NEIGHBORHOOD CENTERS RENOVATIONS | 98839 |
| Of the foregoing appropriation item C26034, Neighborhood | 98840 |
| Centers Renovations, $250,000 shall be used for renovations to the | 98841 |
| Friendly Inn Settlement House and $250,000 shall be used for | 98842 |
| renovations to the Merrick House. | 98843 |
| Reappropriations |
| Sec. 301.30.30. WSU WRIGHT STATE UNIVERSITY | 98844 |
| C27500 | Basic Renovations | $ | 4,543,368 | 98845 | |||
| C27501 | Basic Renovations - Lake | $ | 86,157 | 98846 | |||
| C27504 | Library Access Consolidation System | $ | 5,551,183 | 98847 | |||
| C27505 | Information Technology Center | $ | 23,860 | 98848 | |||
| C27506 | Specialized Communication | $ | 7,798 | 98849 | |||
| C27508 | Environmental Technology Consortium | $ | 6,298 | 98850 | |||
| C27511 | Electrical Infrastructure - Phase 1 | $ | 80,151 | 98851 | |||
| C27513 | Science Lab Renovations - Planning | $ | 9,484,384 | 98852 | |||
| C27514 | Lake Campus University Center | $ | 2,007,909 | 98853 | |||
| C27517 | Video Analysis Content Extraction | $ | 56,641 | 98854 | |||
| C27523 | Advanced Data Manager | $ | 186,309 | 98855 | |||
| C27526 | Lake Campus Rehabilitation | $ | 478,906 | 98856 | |||
| C27527 | Advanced Technology Intelligence Center | $ | 2,500,000 | 98857 | |||
| 98858 | |||||||
| C27531 | Glenn Helen Preserve Eco Art Classroom | $ | 15,000 | 98859 | |||
| C27538 | Camp Clifton Improvements | $ | 90,000 | 98860 | |||
| C27541 | WSU STEM School | $ | 750,000 | 98861 | |||
| Total Wright State University | $ | 98862 | |||||
| Section 610.11. That existing Sections 103.80.80, 103.80.90, | 98864 |
| 301.20.50, and 301.30.30 of H.B. 496 of the 127th General | 98865 |
| Assembly are hereby repealed. | 98866 |
| Section 610.12. That Section 301.60.50 of H.B. 496 of the | 98867 |
| 127th General Assembly, as amended by Am. Sub. H.B. 420 of the | 98868 |
| 127th General Assembly, be amended to read as follows: | 98869 |
| Reappropriations |
| Sec. 301.60.50. STC STARK TECHNICAL COLLEGE | 98870 |
| C38900 | Basic Renovations | $ | 374,496 | 98871 | |||
| C38901 | Instructional and Data Processing Equipment | $ | 22,356 | 98872 | |||
| C38903 | Timken Regional Campus Technology Project | $ | 219,659 | 98873 | |||
| C38912 | Health and Science Building | $ | 4,814,648 | 98874 | |||
| Total Stark Technical College | $ | 5,431,159 | 98875 | ||||
| TOTAL Higher Education Improvement Fund | $ | |
98876 | ||||
| Section 610.13. That existing Section 301.60.50 of H.B. 496 | 98878 |
| of the 127th General Assembly, as amended by Am. Sub. H.B. 420 of | 98879 |
| the 127th General Assembly is hereby repealed. | 98880 |
| Section 610.14. That Section 201.30 of H.B. 496 of the 127th | 98881 |
| General Assembly, as amended by Am. Sub. H.B. 562 of the 127th | 98882 |
| General Assembly, be amended to read as follows: | 98883 |
| Sec. 201.30. All items set forth in this section are hereby | 98884 |
| appropriated out of any moneys in the state treasury to the | 98885 |
| credit of the Cultural and Sports Facilities Building Fund (Fund | 98886 |
| 7030) that are not otherwise appropriated: | 98887 |
| Reappropriations |
| 98888 | |
| C37102 | Center of Science and Industry - Toledo | $ | 12,268 | 98889 | |||
| C37114 | Woodward Opera House Renovation | $ | 1,150,000 | 98890 | |||
| C37118 | Statewide Site Repairs | $ | 100,100 | 98891 | |||
| C37124 | Waco Museum & Aviation Learning Center | $ | 500,000 | 98892 | |||
| C37131 | Bramley Historic House | $ | 75,000 | 98893 | |||
| C37132 | Beck Center for the Cultural Arts | $ | 100,000 | 98894 | |||
| C37133 | Delaware County Cultural Arts Center | $ | 40,000 | 98895 | |||
| C37137 | West Side Arts Consortium | $ | 138,000 | 98896 | |||
| C37138 | Ice Arena Development | $ | 5,500,000 | 98897 | |||
| C37139 | Stan Hywet Hall & Gardens | $ | 1,000,000 | 98898 | |||
| C37141 | Spring Hill Historic Home | $ | 125,000 | 98899 | |||
| C37143 | Lorain Palace Civic Theatre | $ | 200,000 | 98900 | |||
| C37144 | Great Lakes Historical Society | $ | 150,000 | 98901 | |||
| C37153 | Historic Sites and Museums | $ | 980,319 | 98902 | |||
| C37155 | Buffington Island State Memorial | $ | 33,475 | 98903 | |||
| C37182 | Lorain County Historical Society | $ | 300,000 | 98904 | |||
| C37184 | Marion Palace Theatre | $ | 1,575,000 | 98905 | |||
| C37185 | McConnellsville Opera House | $ | 75,000 | 98906 | |||
| C37186 | Secrest Auditorium | $ | 75,000 | 98907 | |||
| C37187 | Renaissance Theatre | $ | 700,000 | 98908 | |||
| C37188 | Trumpet in the Land | $ | 100,000 | 98909 | |||
| C37189 | Mid-Ohio Valley Players | $ | 80,000 | 98910 | |||
| C37190 | The Anchorage | $ | 50,000 | 98911 | |||
| C37193 | Galion Historic Big Four Depot Restoration | $ | 170,000 | 98912 | |||
| C37195 | Lake County Historical Society | $ | 250,000 | 98913 | |||
| C37196 | Hancock Historical Society | $ | 75,000 | 98914 | |||
| C37197 | Riversouth Development | $ | 1,000,000 | 98915 | |||
| C37198 | Ft. Piqua Hotel | $ | 200,000 | 98916 | |||
| C37199 | Marina District Amphitheatre and Related Development | $ | 2,000,000 | 98917 | |||
| C371A1 | Lima Historic Athletic Field | $ | 100,000 | 98918 | |||
| C371A3 | Voice Of America Museum | $ | 275,000 | 98919 | |||
| C371A5 | Clark County Community Arts Expansion Project | $ | 500,000 | 98920 | |||
| C371A6 | Westcott House Historic Site | $ | 75,000 | 98921 | |||
| C371A8 | Miami Township Community Amphitheatre | $ | 50,000 | 98922 | |||
| 98923 | |||||||
| C371B0 | Cleveland Steamship Mather Museum | $ | 100,000 | 98924 | |||
| C371B5 | Arts Castle | $ | 100,000 | 98925 | |||
| C371B6 | Cincinnati Art and Technical Academy | $ | 325,000 | 98926 | |||
| C371B7 | Ohio Glass Museum | $ | 250,000 | 98927 | |||
| C371B9 | Ariel Theatre | $ | 100,000 | 98928 | |||
| C371C2 | Ensemble Theatre | $ | 450,000 | 98929 | |||
| C371C4 | Art Academy of Cincinnati | $ | 100,000 | 98930 | |||
| C371C5 | Riverbend Pavilion Improvements | $ | 250,000 | 98931 | |||
| C371C7 | Music Hall: Over-The-Rhine | $ | 750,000 | 98932 | |||
| C371C8 | John Bloomfield Home Restoration | $ | 720 | 98933 | |||
| C371C9 | Malinta Historical Society Caboose Exhibit | $ | 6,000 | 98934 | |||
| C371D1 | Art Deco Markay Theatre | $ | 200,000 | 98935 | |||
| C371D4 | Broad Street Historical Renovation | $ | 300,000 | 98936 | |||
| C371D5 | Amherst Historical Society | $ | 35,000 | 98937 | |||
| C371D6 | COSI - Toledo | $ | 980,000 | 98938 | |||
| C371D7 | Ohio Theatre - Toledo | $ | 100,000 | 98939 | |||
| C371E2 | Aurora Outdoor Sports Complex | $ | 50,000 | 98940 | |||
| C371E3 | Preble County Historical Society | $ | 100,000 | 98941 | |||
| C371E4 | Tecumseh Sugarloaf Mountain Amphitheatre | $ | 120,000 | 98942 | |||
| C371F0 | Richard Howe House | $ | 100,000 | 98943 | |||
| C371F2 | Packard Music Hall Renovation Project | $ | 575,000 | 98944 | |||
| C371F3 | Holland Theatre | $ | 100,000 | 98945 | |||
| C371F6 | Marietta Colony Theatre | $ | 335,000 | 98946 | |||
| C371G7 | Huntington Park | $ | 7,000,000 | 98947 | |||
| C371G9 | Riverbend - Cincinnati Symphony | $ | 3,000,000 | 98948 | |||
| C371H0 | Marina District Amphitheatre | $ | 2,900,000 | 98949 | |||
| C371H1 | Cincinnati Museum Center | $ | 2,000,000 | 98950 | |||
| C371H2 | National Underground Railroad Freedom Center | $ | 2,000,000 | 98951 | |||
| C371H4 | Pro Football Hall of Fame | $ | 1,650,000 | 98952 | |||
| C371H5 | Heritage Center - Dayton | $ | 1,300,000 | 98953 | |||
| 98954 | |||||||
| C371H7 | COSI Columbus | $ | 1,000,000 | 98955 | |||
| C371H8 | Columbus Museum of Art | $ | 1,000,000 | 98956 | |||
| C371I0 | Stan Hywet Hall and Gardens | $ | 1,175,000 | 98957 | |||
| C371I1 | Akron Art Museum | $ | 1,000,000 | 98958 | |||
| C371I2 | Sauder Village | $ | 830,000 | 98959 | |||
| C371I3 | Horvitz Center for the Arts | $ | 750,000 | 98960 | |||
| C371I4 | Ensemble Theatre | $ | 750,000 | 98961 | |||
| C371I5 | Voice of America Museum | $ | 750,000 | 98962 | |||
| C371I6 | Cleveland Steamship Mather | $ | 600,000 | 98963 | |||
| C371I7 | Cuyahoga County Soldier and Sailor Monument | $ | 500,000 | 98964 | |||
| C371I8 | King-Lincoln Arts and Entertainment District | $ | 500,000 | 98965 | |||
| C371I9 | Art Academy of Cincinnati | $ | 500,000 | 98966 | |||
| C371J0 | Great Lakes Historical Society | $ | 500,000 | 98967 | |||
| C371J3 | Davis Shai Historical Facility | $ | 300,000 | 98968 | |||
| C371J4 | Massillon Museum | $ | 275,000 | 98969 | |||
| C371J5 | The Mandel Center | $ | 250,000 | 98970 | |||
| C371J6 | Peggy R McConnell Arts Center | $ | 250,000 | 98971 | |||
| C371J7 | Columbus College of Art and Design | $ | 250,000 | 98972 | |||
| C371J9 | Stambaugh Hall Improvements | $ | 250,000 | 98973 | |||
| C371K0 | Youngstown Symphony Orchestra | $ | 250,000 | 98974 | |||
| C371K1 | Wood County Historical Center/Museum | $ | 220,000 | 98975 | |||
| C371K3 | Cincinnati Ballet | $ | 200,000 | 98976 | |||
| C371K4 | City of Avon Stadium Complex | $ | 200,000 | 98977 | |||
| C371K5 | Renaissance Performing Arts Center | $ | 200,000 | 98978 | |||
| C371K6 | Oxford Arts Center | $ | 174,000 | 98979 | |||
| C371K7 | Wayne County Historical Society | $ | 170,000 | 98980 | |||
| C371K8 | Maumee Valley Historical Society | $ | 150,000 | 98981 | |||
| C371K9 | Trumbull County Historical Society | $ | 150,000 | 98982 | |||
| C371L0 | First Lunar Flight Project | $ | 25,000 | 98983 | |||
| C371L1 | Holmes County Historical Society Improvements | $ | 140,000 | 98984 | |||
| C371L2 | Westerville Parks & Recreation Firefighters Memorial/First Responder Park | $ | 125,000 | 98985 | |||
| C371L3 | Ukranian Museum | $ | 100,000 | 98986 | |||
| C371L4 | Gordon Square Arts District | $ | 100,000 | 98987 | |||
| C371L5 | Moreland Theatre Renovation | $ | 100,000 | 98988 | |||
| C371L6 | Karamu House | $ | 100,000 | 98989 | |||
| C371L7 | Symmes Township Historical Society | $ | 100,000 | 98990 | |||
| C371L8 | Springfield Veterans Park Amphitheatre | $ | 100,000 | 98991 | |||
| C371L9 | Gallia County Historical Genealogical Society | $ | 100,000 | 98992 | |||
| C371M1 | The Octagon House | $ | 100,000 | 98993 | |||
| C371M2 | Vinton County Stage-Pavilion Project | $ | 100,000 | 98994 | |||
| C371M3 | County Line Historical Society-Wayne/Holmes | $ | 100,000 | 98995 | |||
| C371M4 | Paul Brown Museum | $ | 75,000 | 98996 | |||
| C371M5 | The Works Ohio Center for History, Art and Technology | $ | 75,000 | 98997 | |||
| C371M8 | Hale Farm and Village | $ | 50,000 | 98998 | |||
| C371M9 | Howe House Historic Site | $ | 50,000 | 98999 | |||
| C371N0 | Beavercreek Community Theatre | $ | 50,000 | 99000 | |||
| C371N1 | Jamestown Opera House | $ | 50,000 | 99001 | |||
| C371N2 | Johnny Appleseed Museum | $ | 50,000 | 99002 | |||
| C371N3 | Vinton County Historical Society Alice House Project | $ | 50,000 | 99003 | |||
| C371N4 | Woodward Opera House Renovations | $ | 50,000 | 99004 | |||
| C371N5 | Little Brown Jug Facility Improvements | $ | 50,000 | 99005 | |||
| C371N6 | Applecreek Historical Society | $ | 50,000 | 99006 | |||
| C371N7 | Wyandot Historic Courthouse | $ | 50,000 | 99007 | |||
| C371N8 | Galion Historical Big 4 Depot | $ | 30,000 | 99008 | |||
| C371N9 | Bucyrus Historic Depot Renovations | $ | 30,000 | 99009 | |||
| C371O1 | Arts West Performing Arts Center | $ | 25,000 | 99010 | |||
| C371O2 | Chester Academy Historical Site | $ | 25,000 | 99011 | |||
| C371O3 | Portland Civil War Museum and Historical Displays | $ | 25,000 | 99012 | |||
| C371O4 | Morgan County Opera House | $ | 25,000 | 99013 | |||
| C371O5 | Crawford Antique Museum | $ | 9,000 | 99014 | |||
| C371O6 | Monroe City Historical Society Building Repair | $ | 5,000 | 99015 | |||
| C371O7 | Wright Dunbar Historical Facility | $ | 250,000 | 99016 | |||
| C371O8 | Nationwide Children's Hospital Livingston Park Cultural Improvements | $ | 1,000,000 | 99017 | |||
| C371P1 | WACO Aircraft Museum | $ | 30,000 | 99018 | |||
| C371P2 | Bradford Railroad Museum | $ | 30,000 | 99019 | |||
| C371P3 | Cincinnati Ballet Facility | $ | 415,000 | 99020 | |||
| C371P5 | Fort Recovery Renovations | $ | 100,000 | 99021 | |||
| C371P6 | Music Hall Garage | $ | 1,000,000 | 99022 | |||
| C371P7 | Hip Klotz Memorial | $ | 150,000 | 99023 | |||
| C371P8 | AB Graham Center | $ | 40,000 | 99024 | |||
| Total Cultural Facilities Commission | $ | |
99025 | ||||
| TOTAL Cultural and Sports Facilities Building Fund | $ | |
99026 | ||||
| Section 610.15. That existing Section 201.30 of H.B. 496 of | 99028 |
| the 127th General Assembly, as amended by Am. Sub. H.B. 562 of | 99029 |
| the 127th General Assembly is hereby repealed. | 99030 |
| Section 610.16. That Section 301.20.80 of H.B. 496 of the | 99031 |
| 127th General Assembly, as amended by Am. Sub. H.B. 562 of the | 99032 |
| 127th General Assembly, be amended to read as follows: | 99033 |
| Reappropriations |
| Sec. 301.20.80. OSU OHIO STATE UNIVERSITY | 99034 |
| C31500 | Basic Renovations | $ | 34,349,496 | 99035 | |||
| C31501 | Basic Renovations - Regional Campuses | $ | 6,506,516 | 99036 | |||
| C31502 | Brown Hall Annex Replacement | $ | 6,213 | 99037 | |||
| C31505 | Basic Renovations - ATI | $ | 129,714 | 99038 | |||
| C31506 | Supplemental Renovations - OARDC | $ | 3,319,202 | 99039 | |||
| C31507 | Supplemental Renovations - Regional | $ | 191,955 | 99040 | |||
| C31508 | Dreese Lab Addition | $ | 5,953 | 99041 | |||
| C31510 | Bioscience/Parks Hall Addition | $ | 12,584 | 99042 | |||
| C31512 | Greenhouse Modernization | $ | 40,982 | 99043 | |||
| C31515 | Life Sciences Research Building | $ | 218,170 | 99044 | |||
| C31520 | Food Science & Technology Building | $ | 92,786 | 99045 | |||
| C31522 | Heart & Lung Institute | $ | 32,437 | 99046 | |||
| C31523 | Superconducting Radiation | $ | 65,094 | 99047 | |||
| C31524 | Brain Tumor Research Center | $ | 6,001 | 99048 | |||
| C31525 | Engineering Center Net Shape Manufacturing | $ | 20,730 | 99049 | |||
| C31526 | Membrane Protein Typology | $ | 8,835 | 99050 | |||
| C31527 | Instructional and Data Processing Equipment | $ | 6,014,848 | 99051 | |||
| C31528 | Fine Particle Technologies | $ | 116,770 | 99052 | |||
| C31529 | Advanced Plasma Engineering | $ | 22,690 | 99053 | |||
| C31530 | Plasma Ramparts | $ | 1,150 | 99054 | |||
| C31531 | IN-SITU AL-BE Composites | $ | 1,733 | 99055 | |||
| C31532 | Jay Cooke Residence - Roof and Windows | $ | 86,668 | 99056 | |||
| C31535 | Asbestos Abatement | $ | 5,325 | 99057 | |||
| C31536 | Materials Network | $ | 91,983 | 99058 | |||
| C31537 | Bio-Technology Consortium | $ | 42,378 | 99059 | |||
| C31538 | Analytical Electron Microscope | $ | 375,000 | 99060 | |||
| C31539 | High Temp Alloys & Alluminoids | $ | 220,000 | 99061 | |||
| C31541 | Supplemental Renovations - ATI | $ | 33,969 | 99062 | |||
| C31542 | Maintenance, Receiving, and Storage Facility - Marion | $ | 58,646 | 99063 | |||
| C31543 | McPherson Lab Rehabilitation | $ | 37,243 | 99064 | |||
| C31544 | Heart and Lung Institute | $ | 101,808 | 99065 | |||
| C31546 | ADA Modifications - ATI | $ | 41,936 | 99066 | |||
| C31547 | ADA Modifications - Lima | $ | 358 | 99067 | |||
| C31548 | ADA Modifications - Mansfield | $ | 15,253 | 99068 | |||
| C31550 | Titanium Alloys | $ | 54,912 | 99069 | |||
| C31552 | Advanced Manufacturing | $ | 38,579 | 99070 | |||
| C31553 | Manufacturing Processes/Materials | $ | 62,574 | 99071 | |||
| C31554 | Terhertz Studies | $ | 35,294 | 99072 | |||
| C31556 | Marion Park/Road/Sidewalk/Lights | $ | 2,750 | 99073 | |||
| C31557 | Pomerene Lighting/Wiring | $ | 249,584 | 99074 | |||
| C31558 | NMR Consortium | $ | 75,116 | 99075 | |||
| C31559 | Versatile Film Facility | $ | 62,872 | 99076 | |||
| C31560 | OCARNET | $ | 5,916 | 99077 | |||
| C31561 | Bioprocessing Research | $ | 1,905 | 99078 | |||
| C31562 | Localized Corrosion Research | $ | 6,128 | 99079 | |||
| C31563 | ATM Testbed | $ | 3,633 | 99080 | |||
| C31564 | Physical Sciences Building | $ | 79,383 | 99081 | |||
| C31565 | Morrill Hall Remodeling - Vacated Library Space - Marion | $ | 923 | 99082 | |||
| C31568 | Sisson Hall Replacement | $ | 5,537 | 99083 | |||
| C31570 | Machinery Acoustics | $ | 3,804 | 99084 | |||
| C31571 | Sensors and Measurements | $ | 15,115 | 99085 | |||
| C31572 | Polymer Magnets | $ | 1,099 | 99086 | |||
| C31574 | A1 Alloy Corrosion | $ | 14,292 | 99087 | |||
| C31578 | Page Hall Planning | $ | 7,210 | 99088 | |||
| C31579 | Botany & Zoology Building Planning | $ | 209,467 | 99089 | |||
| C31581 | Robinson Laboratory Planning | $ | 36,765 | 99090 | |||
| C31582 | Don Scott Field Replacement Barns | $ | 1,495,619 | 99091 | |||
| C31583 | Galvin Hall 3rd Floor Renovation - Lima | $ | 22,135 | 99092 | |||
| C31584 | Horticultural Operations Center - ATI | $ | 1,475,400 | 99093 | |||
| C31585 | OARDC Feed Mill | $ | 5,050,968 | 99094 | |||
| C31587 | Biological Sciences Cooling Tower | $ | 6,930 | 99095 | |||
| C31589 | Mount Hall HVAC Modifications | $ | 40,982 | 99096 | |||
| C31591 | Ohio Biomedical Consortium on Medical Therapeutic Micro Devices | $ | 49,275 | 99097 | |||
| C31592 | Plant and Microbe Functional Genomics Facilities | $ | 16,259 | 99098 | |||
| C31593 | Consortium for Novem Microfabrications Methods of Medical Devices in Non-Silicon Materials | $ | 149,066 | 99099 | |||
| C31594 | Bone & Mineral Metabolism Research Lab | $ | 5,845 | 99100 | |||
| C31597 | Animal & Plant Biology Level 3 | $ | 8,133,780 | 99101 | |||
| C31598 | Main Library Rehabilitation | $ | 56,456,214 | 99102 | |||
| C31599 | Psychology Building | $ | 57,722 | 99103 | |||
| C315A0 | Thorne Hall and Gowley Hall Renovations - Phase 3 | $ | 598,043 | 99104 | |||
| C315A2 | Nanosecond Infrared Measurement | $ | 2,588 | 99105 | |||
| C315A4 | Millimeter/Submillimeter Instrument | $ | 5,919 | 99106 | |||
| C315A5 | X-Ray Powder Diffractometer | $ | 558 | 99107 | |||
| C315A6 | Deconvolution Microscope | $ | 1,101 | 99108 | |||
| C315B2 | Denney Hall Renovation - Phase I | $ | 18,495 | 99109 | |||
| C315B3 | Ion Mass Spectrometry | $ | 6,594 | 99110 | |||
| C315B5 | Role of Molecular Interfaces | $ | 17,773 | 99111 | |||
| C315B8 | New Millimeter Spectrometer | $ | 24,996 | 99112 | |||
| C315C2 | 1224 Kinnear Road - Bale | $ | 11,105 | 99113 | |||
| C315C3 | Non-Silicon Micromachining | $ | 73,991 | 99114 | |||
| C315C4 | High Performance Computing | $ | 2,910 | 99115 | |||
| C315C5 | Veterinary Hospital Auditorium Renovation | $ | 7,736 | 99116 | |||
| C315D0 | OARDC Boiler Replacement | $ | 656,442 | 99117 | |||
| C315D2 | Supercomputer Center Expansion | $ | 1,600,414 | 99118 | |||
| C315D5 | Information Literacy | $ | 24,824 | 99119 | |||
| C315D6 | Online Business Major | $ | 6,618 | 99120 | |||
| C315D8 | Renovation of Graves Hall | $ | 68,196 | 99121 | |||
| C315E0 | OARDC Wooster Phone System Replacement | $ | 467,398 | 99122 | |||
| C315E1 | Utility - North Tunnel Steamline Upgrade | $ | 114,298 | 99123 | |||
| C315E2 | Dual Beam Characterization | $ | 150,000 | 99124 | |||
| C315E6 | Environmental Technology Consortium | $ | 11,297 | 99125 | |||
| C315E7 | Campbell, University, and Evans Hall | $ | 45,877 | 99126 | |||
| C315E8 | Laboratory Animal Facility | $ | 83,481 | 99127 | |||
| C315F1 | Western Branch Headquarters & Machinery Building | $ | 662,850 | 99128 | |||
| C315F2 | Muck Crops Branch/Shop Building Replacement | $ | 782,173 | 99129 | |||
| C315F3 | Hazardous Waste Handling/Storage Building | $ | 1,103,062 | 99130 | |||
| C315F4 | Agriculture/Engineering Building Renovation & Addition | $ | 200,000 | 99131 | |||
| C315F5 | OSU Extension Office/Agriculture Business Enhancement Center | $ | 300,000 | 99132 | |||
| C315F6 | Community Heritage Art Gallery - Lima | $ | 100,000 | 99133 | |||
| C315F8 | Nanotechnology Molecular Assembly | $ | 437,296 | 99134 | |||
| C315F9 | Networking and Communication | $ | 478,761 | 99135 | |||
| C315G0 | Planetary Gear | $ | 125,000 | 99136 | |||
| C315G1 | X-Ray |
$ | 2,283 | 99137 | |||
| C315G2 | Precision Navigation | $ | 85,000 | 99138 | |||
| C315G3 | Welding & Metal Working | $ | 200,000 | 99139 | |||
| C315G5 | Inductively Coupled Plasma Etching | $ | 126,492 | 99140 | |||
| C315G6 | Accelerated Metals | $ | 1,020,331 | 99141 | |||
| C315G7 | Mathematical Biosciences Institute | $ | 9,819 | 99142 | |||
| C315G9 | Mershon Auditorium HVAC System Improvements | $ | 3,379 | 99143 | |||
| C315H0 | Molecular Microdevices | $ | 2,066 | 99144 | |||
| C315H1 | Research Center HVAC System Improvements | $ | 38,052 | 99145 | |||
| C315H2 | Infrared Absorption Measurements | $ | 3,423 | 99146 | |||
| C315H3 | Dark Fiber | $ | 2,532,628 | 99147 | |||
| C315H4 | Shared Data Backup System | $ | 96,876 | 99148 | |||
| C315H6 | Third Frontier Network Testbed | $ | 202,763 | 99149 | |||
| C315H7 | Distributed Learning Workshop | $ | 2,500 | 99150 | |||
| C315H8 | Accelerated Maturation of Materials | $ | 42,279 | 99151 | |||
| C315H9 | Nanoscale Polymers Manufacturing | $ | 358,802 | 99152 | |||
| C315J0 | Hydrogen Production and Storage | $ | 217 | 99153 | |||
| C315J1 | Ohio Organic Semiconductor | $ | 226,422 | 99154 | |||
| C315J4 | Comprehensive Cancer - Chiller Replacement | $ | 19,187 | 99155 | |||
| C315J5 | Kottman Hall - 103 Central Classroom | $ | 20,893 | 99156 | |||
| C315J7 | Low Cost Nanocomposite Foams | $ | 101,705 | 99157 | |||
| C315J8 | West Campus Chilled Water & Scott Hall | $ | 20,093 | 99158 | |||
| C315J9 | McCracken Power Plant Spill Control | $ | 120,251 | 99159 | |||
| C315K0 | Glacial Assessment | $ | 22,764 | 99160 | |||
| C315K2 | Center for Advanced Propulsion and Power | $ | 1,313,076 | 99161 | |||
| C315K3 | Parks Hall Chiller Replacement | $ | 134,678 | 99162 | |||
| C315K4 | Hybrid Electric Vehicle Modeling | $ | 363,452 | 99163 | |||
| C315K5 | Computational Nanotechnology | $ | 500,000 | 99164 | |||
| C315K6 | Townshend Hall - Roof Replacement | $ | 328,772 | 99165 | |||
| C315K8 | Veterinary Hospital Roof Replacement Phase II | $ | 174,815 | 99166 | |||
| C315K9 | Hopkins Hall Phase II Priorities I, II | $ | 41,756 | 99167 | |||
| C315L0 | Bioscience 6th Floor Renovation - Priority | $ | 140,937 | 99168 | |||
| C315L1 | Ohio Commons For Digital Education | $ | 14,594 | 99169 | |||
| C315L2 | Postle Hall Fire Alarm Replacement | $ | 116,441 | 99170 | |||
| C315L3 | NonCredit Job Education & Training | $ | 14,201 | 99171 | |||
| C315L4 | Campus South Dorms Renovation/Improvements | $ | 3,767 | 99172 | |||
| C315L5 | Bricker Hall Roof Replacement | $ | 23,608 | 99173 | |||
| C315L8 | Cooperative Control Testbed | $ | 3,000 | 99174 | |||
| C315M0 | Neuroscience Center Core | $ | 576 | 99175 | |||
| C315M2 | Campus Grounds-Exterior Lighting - Phase VIII | $ | 31,523 | 99176 | |||
| C315M3 | 930 Kinnear Road Renovations | $ | 181,402 | 99177 | |||
| C315M4 | Waterman Lab & Don Scott Field | $ | 23,528 | 99178 | |||
| C315M5 | Lincoln Tower Renovations - Phase I | $ | 254,767 | 99179 | |||
| C315M6 | Coe Corrosion Coop | $ | 56,781 | 99180 | |||
| C315M7 | OSU Cancer Program Expansion | $ | 2,000,000 | 99181 | |||
| C315M8 | Smith Laboratory Rehabilitation | $ | 2,799,448 | 99182 | |||
| C315M9 | Warner Library and Student Center | $ | 1,618,275 | 99183 | |||
| C315N0 | Hopewell Hall Science Suite | $ | 508,408 | 99184 | |||
| C315N1 | Atomic Force Microscopy | $ | 180,000 | 99185 | |||
| C315N2 | Interactive Applications | $ | 344,865 | 99186 | |||
| C315N3 | Platform Lab | $ | 76,685 | 99187 | |||
| C315N4 | Integrated Biomass to Electricity | $ | 392,680 | 99188 | |||
| C315N8 | Center for Polymer Nanomaterials | $ | 9,801,899 | 99189 | |||
| C315N9 | Ohio Bioproducts Innovation Center | $ | 7,765,250 | 99190 | |||
| C315P1 | Specialized Planetary Gears | $ | 40,920 | 99191 | |||
| C315P2 | OSU Agricultural Building | $ | 295,409 | 99192 | |||
| C315P3 | Automated AFM System | $ | 618 | 99193 | |||
| C315P4 | Integrated Wireless Communication | $ | 3,454 | 99194 | |||
| C315P5 | Newton Hall-Roof Replacement | $ | 140,646 | 99195 | |||
| C315P6 | Chirped-Pulse Amplifier | $ | 258,732 | 99196 | |||
| C315P7 | Central Classroom Building Renovation | $ | 55,686 | 99197 | |||
| C315P9 | Airport Hangers 1 2 & 3 Roof Replacement | $ | 485,250 | 99198 | |||
| C315Q0 | Veterinary Hospital Holding Replacement | $ | 1,902,970 | 99199 | |||
| C315Q1 | Aeronautical and Astronautical Research Lab-Roof Replacement | $ | 676,482 | 99200 | |||
| C315Q2 | Superconductivity Technology Center | $ | 324,136 | 99201 | |||
| C315Q3 | Periodic Materials Assemblies | $ | 60,239 | 99202 | |||
| C315Q4 | Biological Sciences Building Supply Fan Replacement | $ | 628,573 | 99203 | |||
| C315Q5 | Biological Sciences Building-Fume Hood Repairs | $ | 968,531 | 99204 | |||
| C315Q6 | Kottman Hall Fume Hood Repairs | $ | 1,476,940 | 99205 | |||
| C315Q7 | Photonic Force Microscope | $ | 4,887 | 99206 | |||
| C315Q9 | Brown Hall Renovation/Replacement | $ | 3,500,000 | 99207 | |||
| C315R0 | Hughes Hall Renovation | $ | 1,500,000 | 99208 | |||
| C315R1 | COMPH Academic Center | $ | 5,000,000 | 99209 | |||
| C315R2 | Murray Hall Renovation | $ | 1,000,000 | 99210 | |||
| C315R3 | New Student Life Building | $ | 1,000,000 | 99211 | |||
| C315R4 | Founders/Hopewell Hall Renovation | $ | 1,960,080 | 99212 | |||
| C315R5 | Agricultural and Biological Engineering Building Renovation | $ | 4,000,000 | 99213 | |||
| C315R6 | Selby Hall Phytotron Facility Renovation | $ | 2,000,000 | 99214 | |||
| C315R7 | Stone Laboratory Resource Facility Improvements | $ | 500,000 | 99215 | |||
| C315R8 | OSU Extension Safety Improvements in Madison County | $ | 94,000 | 99216 | |||
| 99217 | |||||||
| C315S0 | Delaware Speech & Hearing with OSU Medical College | $ | 75,000 | 99218 | |||
| C315S1 | Kottman Hall-Windows/Masonry Renovation | $ | 1,065,280 | 99219 | |||
| C315S2 | Postle Hall Partial Window Replacement | $ | 630,000 | 99220 | |||
| C315S3 | Celeste Lab Fume Hood Repairs | $ | 1,000,300 | 99221 | |||
| C315S4 | Utility Upgrade/East Campus Area | $ | 45,969 | 99222 | |||
| Total Ohio State University | $ | 99223 | |||||
| OSU EXTENSION OFFICE/AGRICULTURE BUSINESS ENHANCEMENT CENTER | 99224 |
| The foregoing appropriation item C315F5, OSU Extension | 99225 |
| Office/Agriculture Business Enhancement Center, shall be used for | 99226 |
| building renovations to the Center. | 99227 |
| Section 610.17. That existing Section 301.20.80 of H.B. 496 | 99228 |
| of the 127th General Assembly, as amended by Am. Sub. H.B. 562 of | 99229 |
| the 127th General Assembly, is hereby repealed. | 99230 |
| Section 610.20. That Section 11 of Am. Sub. H.B. 554 of the | 99231 |
| 127th General Assembly be amended to read as follows: | 99232 |
| Sec. 11. (A) All items set forth in this division are hereby | 99233 |
| appropriated out of any moneys in the state treasury, for the | 99234 |
| biennium ending on June 30, 2010, to the credit of the Advanced | 99235 |
| Energy Research and Development Taxable Fund (Fund 7004) that are | 99236 |
| not otherwise appropriated: | 99237 |
| 99238 | |
| C89800 | Advanced Energy |
$ | 99239 | ||||
| Total Air Quality Development Authority | $ | 99240 | |||||
| TOTAL Advanced Energy Research and Development Taxable Fund | $ | 99241 | |||||
| 99242 | |||||||
| (B) All items set forth in this division are hereby | 99243 |
| appropriated out of any moneys in the state treasury, for the | 99244 |
| biennium ending on June 30, 2010, to the credit of the Advanced | 99245 |
| Energy Research and Development Fund (Fund 7005) that are not | 99246 |
| otherwise appropriated: | 99247 |
| 99248 | |
| C89801 | Advanced Energy |
$ | 99249 | ||||
| Total Air Quality Development Authority | $ | 99250 | |||||
| TOTAL Advanced Energy Research and Development Fund | $ | 99251 | |||||
| 99252 | |||||||
| (C) The foregoing appropriation items C89800, Advanced Energy | 99253 |
| 99254 | |
| 99255 | |
| projects in the manner provided in sections 3706.25 to 3706.30 | 99256 |
| of the Revised Code. The Executive Director of the Air Quality | 99257 |
| Development Authority may certify to the Director of Budget and | 99258 |
| Management that a need exists to appropriate investment | 99259 |
| earnings of funds 7004 and 7005 to be so used. If the Director | 99260 |
| of Budget and Management, pursuant to sections 3706.25 to | 99261 |
| 3706.30 of the Revised Code, determines that investment | 99262 |
| earnings are available to support additional appropriations, | 99263 |
| such amounts are hereby appropriated. | 99264 |
| (D) Upon the request of the Executive Director of the Air | 99265 |
| Quality Development Authority, the Director of Budget and | 99266 |
| Management may transfer cash between funds 7004 and 7005. Amounts | 99267 |
| transferred are hereby appropriated. | 99268 |
| (E) Expenditures from appropriations contained in this | 99269 |
| section may be accounted as though made in the main capital | 99270 |
| appropriations act of the FY 2009-FY 2010 biennium of the 127th | 99271 |
| General Assembly. The appropriations made in this section are | 99272 |
| subject to all provisions of the FY 2009-FY 2010 biennial capital | 99273 |
| appropriations act of the 127th General Assembly that are | 99274 |
| generally applicable to such appropriations. | 99275 |
| Section 610.21. That existing Section 11 of Am. Sub. H.B. 554 | 99276 |
| of the 127th General Assembly is hereby repealed. | 99277 |
| Section 610.30. That Sections 233.30.50, 233.33.30, | 99278 |
| 233.40.30, and 235.10 of Am. Sub. H.B. 562 of the 127th General | 99279 |
| Assembly be amended to read as follows: | 99280 |
| Appropriations |
| Sec. 233.33.30. WSU WRIGHT STATE UNIVERSITY | 99281 |
| C27500 | Basic Renovations | $ | 3,759,018 | 99282 | |||
| C27501 | Basic Renovations - Lake | $ | 132,481 | 99283 | |||
| C27513 | Science Laboratory Renovations | $ | 8,521,508 | 99284 | |||
| C27526 | Lake Campus Rehabilitation and Addition | $ | 461,750 | 99285 | |||
| C27527 | Advanced Technical Intelligence Center (ATIC) | $ | 2,500,000 | 99286 | |||
| C27533 | Auditorium/Classroom Upgrades | $ | 1,084,769 | 99287 | |||
| C27534 | Student Academic Success Center Renovation | $ | 250,000 | 99288 | |||
| C27535 | Air Force Advanced Manufacturing Facility | $ | 1,500,000 | 99289 | |||
| 99290 | |||||||
| C27537 | Calamityville Lab Facilities (WPAFB) | $ | 3,000,000 | 99291 | |||
| C27540 | WSU Data Ohio | $ | 500,000 | 99292 | |||
| Total Wright State University | $ | 21,709,526 | 99293 | ||||
| Appropriations |
| Sec. 233.30.50. CLS CLEVELAND STATE UNIVERSITY | 99295 |
| C26000 | Basic Renovations | $ | 6,431,121 | 99296 | |||
| C26027 | Cleveland Playhouse | $ | 150,000 | 99297 | |||
| C26035 | Cleveland Institute of Art | $ | 500,000 | 99298 | |||
| C26048 | Rhodes Tower Renovation | $ | 4,030,166 | 99299 | |||
| C26049 | Basic Science Building HVAC and Electrical Upgrade | $ | 1,125,000 | 99300 | |||
| C26050 | Law Building Renovation | $ | 3,500,000 | 99301 | |||
| C26051 | Cleveland Hearing and Speech Center | $ | 125,000 | 99302 | |||
| C26052 | University Hospitals Ireland Cancer Center | $ | 3,000,000 | 99303 | |||
| C26053 | Playhouse Square Center | $ | 350,000 | 99304 | |||
| C26057 | Western Reserve Historical Society | $ | 300,000 | 99305 | |||
| Total Cleveland State University | $ | 99306 | |||||
| Appropriations |
| Sec. 233.40.30. CTI COLUMBUS STATE COMMUNITY COLLEGE | 99308 |
| C38400 | Basic Renovations | $ | 1,691,834 | 99309 | |||
| C38411 | Columbus Hall Renovation | $ | 5,470,913 | 99310 | |||
| C38412 | Painters Apprenticeship Council | $ | 500,000 | 99311 | |||
| C38413 | Jewish Community Center NE Initiative | $ | 575,000 | 99312 | |||
| C38414 | Somali Community Center | $ | 100,000 | 99313 | |||
| C38415 | Building E | $ | 1,200,000 | 99314 | |||
| Total Columbus State Community College | $ | 99315 | |||||
| Sec. 235.10. The items set forth in this section are hereby | 99317 |
| appropriated out of any moneys in the state treasury to the | 99318 |
| credit of the Parks and Recreation Improvement Fund (Fund 7035) | 99319 |
| that are not otherwise appropriated. | 99320 |
| Appropriations |
| 99321 | |
| C725A0 | State Parks, Campgrounds, Cabins, & Lodges | $ | 5,150,000 | 99322 | |||
| C725A9 | Park Boating Facilities - Shawnee Marina | $ | 1,000,000 | 99323 | |||
| C725B8 | Upgrade Underground Fuel Storage Tanks - Statewide | $ | 250,000 | 99324 | |||
| C725E2 | Local Parks Projects | $ | 26,227,333 | 99325 | |||
| C725E6 | Project Planning | $ | 500,000 | 99326 | |||
| C725L8 | Statewide Trails Program - Hocking Hills Trails Rehabilitation Phase II | $ | 1,000,000 | 99327 | |||
| C725M5 | Middle Bass Island State Park - Marina | $ | 4,000,000 | 99328 | |||
| C725N0 | Handicapped Accessibility - Statewide | $ | 100,000 | 99329 | |||
| C725N4 | Hazardous Waste/Asbestos Abatement - Statewide | $ | 150,000 | 99330 | |||
| C725N6 | Statewide Wastewater/Water Systems Upgrade | $ | 3,000,000 | 99331 | |||
| C725R3 | State Park Renovations/Upgrading - Statewide Beach Bath House Replacement | $ | 1,000,000 | 99332 | |||
| Total Department of Natural Resources | $ | 42,377,333 | 99333 | ||||
| TOTAL Parks and Recreation Improvement Fund | $ | 42,377,333 | 99334 | ||||
| FEDERAL REIMBURSEMENT | 99335 |
| All reimbursements received from the federal government for | 99336 |
| any expenditures made pursuant to this section shall be deposited | 99337 |
| in the state treasury to the credit of the Parks and Recreation | 99338 |
| Improvement Fund (Fund 7035). | 99339 |
| LOCAL PARKS PROJECTS | 99340 |
| Of the foregoing appropriation item C725E2, Local Parks | 99341 |
| Projects, an amount equal to two per cent of the projects listed | 99342 |
| may be used by the Department of Natural Resources for the | 99343 |
| administration of local projects, $3,050,000 shall be used for the | 99344 |
| Scioto Mile Development, $2,000,000 shall be used for the | 99345 |
| Riverfront Park, $2,000,000 shall be used for the Goodyear Park, | 99346 |
| $1,090,000 shall be used for the Sterling Park, $1,000,000 shall | 99347 |
| be used for the Little Miami Trail extension - Hamilton County | 99348 |
| Park District, $675,000 shall be used for the Anthony Wayne Youth | 99349 |
| Foundation Recreation area, $100,000 shall be used for the Euclid | 99350 |
| Beach Pier, $500,000 shall be used for the Euclid Marina | 99351 |
| Breakwater Project, $500,000 shall be used for the Columbus Crew | 99352 |
| Facility - Hilliard, $500,000 shall be used for the Franklin Park | 99353 |
| Conservatory, $500,000 shall be used for the Colerain Township | 99354 |
| Park, $500,000 shall be used for the Green Township Legacy Place | 99355 |
| Park, $475,000 shall be used for the Dublin Emerald Fields Special | 99356 |
| Needs Playground, $450,000 shall be used for the Sippo Lake Park | 99357 |
| improvements, $400,000 shall be used for the Mentor Beach Park or | 99358 |
| Mentor Lagoons Marina, $400,000 shall be used for the Harrison | 99359 |
| Park - Wick District - Smoky, $400,000 shall be used for the | 99360 |
| Wayne County Rails to Trails Project, $350,000 shall be used by | 99361 |
| Franklin County Metro Parks for the Whittier Peninsula Park, | 99362 |
| $350,000 shall be used for the Perry Township Park, $733,333 shall | 99363 |
| be used for the East Bank of the Flats, $175,000 shall be used for | 99364 |
| the New Richmond Park, $300,000 shall be used for the Beavercreek | 99365 |
| Wildlife Education Center, $300,000 shall be used for the | 99366 |
| Versailles Park Project, $300,000 shall be used for the Madison | 99367 |
| Township Park, $284,000 shall be used for the Bike and Pedestrian | 99368 |
| Path - SugarTree Corridor, $275,000 shall be used for the | 99369 |
| Montville Township Park Project, $250,000 shall be used for the | 99370 |
| Grand Lake St. Mary's Shoreline Rip Rap Project, $250,000 shall be | 99371 |
| used for the West Chester Beckett Park Improvements, $250,000 | 99372 |
| shall be used for the City of Strongsville Family Aquatic Center, | 99373 |
| $250,000 shall be used for the Reis Park improvements, $250,000 | 99374 |
| shall be used for the McIntyre Park Hiking and Biking Trails, | 99375 |
| $250,000 shall be used for the Circleville Community Park Project, | 99376 |
| $250,000 shall be used for the Fremont Area Foundation Park | 99377 |
| athletic facilities, $250,000 shall be used for the Alliance Park, | 99378 |
| $250,000 shall be used for the Audubon Ohio Nature Center, | 99379 |
| $200,000 shall be used for the Maple Heights Pool/Park | 99380 |
| improvements, $200,000 shall be used for the Lancaster Community | 99381 |
| Parks revitalization, $200,000 shall be used for the Grandview | 99382 |
| Yard Public Park, $200,000 shall be used for the Wyoming City | 99383 |
| Regional Park, $200,000 shall be used for the Chagrin River | 99384 |
| Lakefront Park, $200,000 shall be used for the Aullwood Audubon | 99385 |
| Center, $400,000 shall be used for the Austin Pike Project - land | 99386 |
| acquisition, $200,000 shall be used for the Mary Virginia Crites | 99387 |
| Hammum Community Park, $500,000 shall be used for the Canton | 99388 |
| Water Facilities Park Project, $150,000 shall be used for the Lima | 99389 |
| Historic Athletic Field, $150,000 shall be used for the Myers | 99390 |
| Memorial Bandshell, $150,000 shall be used for the City of Logan | 99391 |
| Park/Pool improvements, $150,000 shall be used for the Houston | 99392 |
| Fisher Memorial Park improvements, $150,000 shall be used for the | 99393 |
| Indian Lake State Park Campground Electrical Improvements, | 99394 |
| $150,000 shall be used for the Avon Lake Veterans Park | 99395 |
| improvements, $125,000 shall be used for the York Township Park | 99396 |
| land acquisition, $124,500 shall be used for the Salt Fork | 99397 |
| Concession Stand, $100,000 shall be used for the Monroe | 99398 |
| Veterans' Memorial Park, $100,000 shall be used for the Rivers | 99399 |
| Edge Bikeway, $100,000 shall be used for the Mayfield Heights | 99400 |
| Park Facility improvement, $100,000 shall be used for the Auburn | 99401 |
| Township Community Park, $100,000 shall be used for the Kidron | 99402 |
| Community Park Improvements, $100,000 shall be used for the Lucas | 99403 |
| County Marina, $100,000 shall be used for the Youngstown City | 99404 |
| Park, $100,000 shall be used for the Salisbury Township Park | 99405 |
| improvements/land acquisition, $100,000 shall be used for the | 99406 |
| Community Built Playground, $100,000 shall be used for the Burkes | 99407 |
| Point Park, $100,000 shall be used for the Barberton Newton Park, | 99408 |
| $100,000 shall be used for the Crown Point Conservation Easement, | 99409 |
| $100,000 shall be used for the Mudbrook Trail and Greenway | 99410 |
| Project, $100,000 shall be used for the Waddell Park in the City | 99411 |
| of Niles, $100,000 shall be used for the Moonville Rail Trail | 99412 |
| Project, $100,000 shall be used for the Springboro Park | 99413 |
| improvements, $75,000 shall be used for the Ault Park | 99414 |
| improvements, $75,000 shall be used for the Willard Soccer and | 99415 |
| Football Park Project, $75,000 shall be used for the Austintown | 99416 |
| Nature Rooms, $75,000 shall be used for the Meigs Local | 99417 |
| Enrichment Project Multi-Purpose Complex, $75,000 shall be used | 99418 |
| for the Miracle League facility - Muskingum County, $70,000 | 99419 |
|
shall be used
for the City of Nelsonville | 99420 |
| to acquire land, make park improvements, or purchase park-related | 99421 |
| equipment, $65,000 shall be used for the Village of Jacksonville | 99422 |
| Park improvements, $58,500 shall be used by the Greene County | 99423 |
| Parks and Recreation Department to provide recreational | 99424 |
| opportunities, $50,000 shall be used for the Ohio Wildlife | 99425 |
| Center, $50,000 shall be used for the Kelley's Island Park | 99426 |
| Restroom PHASE II, $50,000 shall be used for the Little League | 99427 |
| Challenger Field - Cambridge, $50,000 shall be used for the Avon | 99428 |
| Isle Park improvements, $50,000 shall be used for the Monroe | 99429 |
| Township, Clermont County Fair Oak Park, $46,000 shall be used | 99430 |
| for the Huntington Township Park Projects, $35,000 shall be | 99431 |
| used for the Village of Buchtel Park improvements, $35,000 | 99432 |
| shall be used for the Village of Syracuse Park improvements, | 99433 |
| $30,000 shall be used for the Village of Albany Park | 99434 |
| improvements, $30,000 shall be used for the Village of Aberdeen | 99435 |
| Boat Dock, $30,000 shall be used for the Village of Hamler | 99436 |
| Parks improvement, $25,000 shall be used for the Coshocton | 99437 |
| Children's Park, $25,000 shall be used for the Alt Park | 99438 |
| improvements, $25,000 shall be used for the Cambridge | 99439 |
| Handicapped Playground, $25,000 shall be used for the Murray | 99440 |
| City Community Parks improvement, $25,000 shall be used for the | 99441 |
| Marblehead Lighthouse State Park - Replica Life Boat Station, | 99442 |
| $25,000 shall be used for the Village of Attica Park | 99443 |
| Maintenance, $20,000 shall be used for the Village of Stockport | 99444 |
| Park improvements, $15,000 shall be used for the Village of | 99445 |
| Salineville Baseball Field, $15,000 shall be used for the City of | 99446 |
| Parma Heights Greenbriar Commons Park Walking Trail, $10,000 | 99447 |
| shall be used for the Village of Albany Bike Paths, $10,000 | 99448 |
| shall be used for the Salem Park Board, $10,000 shall be used | 99449 |
| for the Village of Pomeroy Mini Park improvements, $10,000 | 99450 |
| shall be used for the Skyvue Outdoor Classroom, and $6,000 | 99451 |
| shall be used for the Wadsworth Skate Park. | 99452 |
| Section 610.31. That existing Sections 233.30.50, 233.33.30, | 99453 |
| 233.40.30, and 235.10 of Am. Sub. H.B. 562 of the 127th General | 99454 |
| Assembly are hereby repealed. | 99455 |
| Section 610.40. That Section 231.20.30 of Am. Sub. H.B. 562 | 99456 |
| of the 127th General Assembly, as amended by Am. Sub. H.B. 420 of | 99457 |
| the 127th General Assembly, be amended to read as follows: | 99458 |
| Appropriations |
| Sec. 231.20.30. DMR DEPARTMENT OF MENTAL RETARDATION AND | 99459 |
| DEVELOPMENTAL DISABILITIES | 99460 |
| 99461 | |
| C59004 | Community Assistance Projects | $ | 13,551,537 | 99462 | |||
| C59022 | Razing of Buildings | $ | 200,000 | 99463 | |||
| C59024 | Telecommunications | $ | 400,000 | 99464 | |||
| C59029 | Generator Replacement | $ | 1,000,000 | 99465 | |||
| C59034 | Statewide Developmental Centers | $ | 4,294,237 | 99466 | |||
| C59050 | Emergency Improvements | $ | 500,000 | 99467 | |||
| C59051 | Energy Conservation | $ | 500,000 | 99468 | |||
| C59052 | Guernsey County MRDD Boiler Replacement | $ | 275,000 | 99469 | |||
| C59054 | $ | 150,000 | 99470 | ||||
| C59055 | Camp McKinley Improvements | $ | 30,000 | 99471 | |||
| C59056 | The Hope Learning Center | $ | 250,000 | 99472 | |||
| Total Statewide and Central Office Projects | $ | 21,150,774 | 99473 | ||||
| TOTAL Department of Mental Retardation and Developmental Disabilities | $ | 21,150,774 | 99474 | ||||
| TOTAL Mental Health Facilities Improvement Fund | $ | 127,630,774 | 99475 | ||||
| COMMUNITY ASSISTANCE PROJECTS | 99476 |
| The foregoing appropriation item C59004, Community Assistance | 99477 |
| Projects, may be used to provide community assistance funds for | 99478 |
| the development, purchase, construction, or renovation of | 99479 |
| facilities for day programs or residential programs that provide | 99480 |
| services to persons eligible for services from the Department of | 99481 |
| Mental Retardation and Developmental Disabilities or county boards | 99482 |
| of mental retardation and developmental disabilities. Any funds | 99483 |
| provided to nonprofit agencies for the construction or renovation | 99484 |
| of facilities for persons eligible for services from the | 99485 |
| Department of Mental Retardation and Developmental Disabilities | 99486 |
| and county boards of mental retardation and developmental | 99487 |
| disabilities shall be governed by the prevailing wage provisions | 99488 |
| in section 176.05 of the Revised Code. | 99489 |
| Of the foregoing appropriation item C59004, Community | 99490 |
| Assistance Projects, $250,000 shall be used for North Olmsted | 99491 |
| Welcome House. Notwithstanding any provision of law to the | 99492 |
| contrary, North Olmsted Welcome House is not subject to the | 99493 |
| requirements of Chapter 153. of the Revised Code. | 99494 |
| Section 610.41. That existing Section 231.20.30 of Am. Sub. | 99495 |
| H.B. 562 of the 127th General Assembly, as amended by Am. Sub. | 99496 |
| H.B. 420 of the 127th General Assembly, is hereby repealed. | 99497 |
| Section 610.50. That Sections 227.10 and 233.50.80 of Am. | 99498 |
| Sub. H.B. 562 of the 127th General Assembly, as amended by Am. | 99499 |
| Sub. H.B. 420 of the 127th General Assembly, be amended to read | 99500 |
| as follows: | 99501 |
| Sec. 227.10. The items set forth in this section are hereby | 99502 |
| appropriated out of any moneys in the state treasury to the | 99503 |
| credit of the Cultural and Sports Facilities Building Fund (Fund | 99504 |
| 7030) that are not otherwise appropriated. | 99505 |
| Appropriations |
| 99506 | |
| C37118 | Statewide Site Repairs | $ | 650,000 | 99507 | |||
| C37120 | Cincinnati Museum Center | $ | 2,500,000 | 99508 | |||
| C37122 | Akron Art Museum | $ | 700,000 | 99509 | |||
| C37123 | Youngstown Symphony Orchestra | $ | 675,000 | 99510 | |||
| C37127 | Cedar Bog | $ | 50,000 | 99511 | |||
| C37139 | Stan Hywet Hall & Gardens | $ | 1,050,000 | 99512 | |||
| C37140 | McKinley Museum Improvements | $ | 200,000 | 99513 | |||
| C37142 | Midland Theatre Improvements | $ | 300,000 | 99514 | |||
| C37148 | Hayes Presidential Center | $ | 150,000 | 99515 | |||
| C37152 | Zoar Village Building Restoration | $ | 90,000 | 99516 | |||
| C37153 | Basic Renovations and Emergency Repairs | $ | 850,000 | 99517 | |||
| C37158 | Rankin House Restoration and Development | $ | 242,000 | 99518 | |||
| C37163 | Harding Home and Tomb | $ | 340,000 | 99519 | |||
| C37165 | Ohio Historical Center Rehabilitation | $ | 514,000 | 99520 | |||
| C37187 | Renaissance Theatre | $ | 900,000 | 99521 | |||
| C37188 | Trumpet in the Land Facility | $ | 150,000 | 99522 | |||
| C371A3 | Voice of America Museum Facility | $ | 500,000 | 99523 | |||
| 99524 | |||||||
| C371C7 | Music Hall Facility | $ | 1,100,000 | 99525 | |||
| C371E5 | Pro Football Hall of Fame | $ | 500,000 | 99526 | |||
| C371F6 | Colony Theater | $ | 250,000 | 99527 | |||
| C371G4 | Collections Storage Facility and Learning Center | $ | 1,240,000 | 99528 | |||
| C371G6 | Lockington Locks Stabilization | $ | 462,000 | 99529 | |||
| C371H2 | National Underground Railroad Freedom Center | $ | 850,000 | 99530 | |||
| C371H5 | Heritage Center of Dayton Manufacturing & Entrepreneurship | $ | 1,000,000 | 99531 | |||
| C371H7 | COSI - Columbus | $ | 500,000 | 99532 | |||
| C371H8 | Columbus Museum of Art | $ | 1,500,000 | 99533 | |||
| C371J3 | Davis-Shai Historical Facility | $ | 725,000 | 99534 | |||
| C371J4 | Massillon Museum Improvements | $ | 150,000 | 99535 | |||
| C371J6 | Peggy McConnell Arts Center - Worthington | $ | 475,000 | 99536 | |||
| C371J9 | Stambaugh Auditorium | $ | 675,000 | 99537 | |||
| C371K3 | Cincinnati Ballet | $ | 250,000 | 99538 | |||
| C371L3 | Ukrainian Museum | $ | 50,000 | 99539 | |||
| C371L4 | Gordon Square Arts District | $ | 1,800,000 | 99540 | |||
| C371M8 | Hale Farm and Village | $ | 200,000 | 99541 | |||
| C371O9 | Historic Site-Signage - Phase II | $ | 50,000 | 99542 | |||
| 99543 | |||||||
| C371P9 | Civil War Site Improvements | $ | 475,000 | 99544 | |||
| C371Q0 | On-Line Portal to Ohio's Heritage | $ | 427,000 | 99545 | |||
| C371Q1 | Lucas County Multi-purpose Sports Arena | $ | 2,200,000 | 99546 | |||
| C371Q2 | Ballpark Village project | $ | 2,000,000 | 99547 | |||
| C371Q5 | Cincinnati Zoo | $ | 1,500,000 | 99548 | |||
| C371Q6 | Cincinnati Art Museum | $ | 1,500,000 | 99549 | |||
| C371R0 | King Arts Complex | $ | 861,000 | 99550 | |||
| C371R3 | Loudonville Opera House | $ | 600,000 | 99551 | |||
| C371R4 | Eagles Palace Theater | $ | 410,000 | 99552 | |||
| C371R6 | Historic McCook House | $ | 500,000 | 99553 | |||
| C371R7 | Jeffrey Mansion in Bexley | $ | 475,000 | 99554 | |||
| C371R8 | Columbus Zoo and Aquarium | $ | 500,000 | 99555 | |||
| C371S0 | Towpath Trail | $ | 500,000 | 99556 | |||
| C371S1 | Museum of Contemporary Art Cleveland | $ | 450,000 | 99557 | |||
| C371S2 | Arts in Stark Cultural Center | $ | 150,000 | 99558 | |||
| C371S3 | Ohio Genealogical Society | $ | 350,000 | 99559 | |||
| C371S5 | The Fine Arts Association | $ | 300,000 | 99560 | |||
| C371S7 | Maltz Museum of Jewish Heritage | $ | 300,000 | 99561 | |||
| C371S8 | Allen County Historical Society Museum Renovation | $ | 280,000 | 99562 | |||
| C371S9 | Portsmouth Mural | $ | 250,000 | 99563 | |||
| 99564 | |||||||
| C371T2 | Bucyrus Little Theater Restoration Project | $ | 250,000 | 99565 | |||
| C371T3 | Boonshoft Museum of Discovery | $ | 250,000 | 99566 | |||
| C371T5 | Cliffton Cultural Arts Center | $ | 250,000 | 99567 | |||
| C371T6 | Baltimore Theatre | $ | 50,000 | 99568 | |||
| C371T7 | Rock Mill Park Improvements | $ | 150,000 | 99569 | |||
| C371T9 | Cozad-Bates House Historic Project | $ | 100,000 | 99570 | |||
| C371U3 | Lake Erie Nature & Science Center | $ | 200,000 | 99571 | |||
| C371U4 | Great Lakes Science Center | $ | 300,000 | 99572 | |||
| C371U5 | Cleveland Zoological Society | $ | 150,000 | 99573 | |||
| C371U8 | Kidron Historical Society - Sonnenberg Village project | $ | 200,000 | 99574 | |||
| C371V0 | Chesterhill Union Hall Theatre | $ | 25,000 | 99575 | |||
| C371V1 | Geauga County Historical Society - Maple Museum | $ | 20,000 | 99576 | |||
| C371V2 | Hallsville Historical Society | $ | 100,000 | 99577 | |||
| C371V3 | Fayette County Historical Society | $ | 150,000 | 99578 | |||
| C371V4 | Covedale Theatre | $ | 100,000 | 99579 | |||
| C371V5 | Mariemont City - Women's Cultural Arts Center | $ | 220,000 | 99580 | |||
| C371V6 | Madeira Historical Society/Miller House | $ | 60,000 | 99581 | |||
| C371V7 | Sylvania Historic Village restoration | $ | 200,000 | 99582 | |||
| C371V9 | Henry County Historical Society museum | $ | 59,000 | 99583 | |||
| C371W0 | Antwerp Railroad Depot historic building | $ | 106,000 | 99584 | |||
| C371W1 | Village of Edinburg Veterans Memorial | $ | 35,000 | 99585 | |||
| C371W2 | Lorain County Historical Society Horace Starr House | $ | 200,000 | 99586 | |||
| C371W3 | North Ridgeville Historic Community Theater | $ | 175,000 | 99587 | |||
| C371W4 | Redbrick Center for the Arts | $ | 200,000 | 99588 | |||
| C371W5 | Irene Lawrence Fuller Historic House | $ | 250,000 | 99589 | |||
| C371W6 | Preble County Historical Society Amphitheater | $ | 250,000 | 99590 | |||
| C371W7 | BalletTech | $ | 200,000 | 99591 | |||
| C371W8 | Cincinnati Museum Center - Eulett Center | $ | 150,000 | 99592 | |||
| C371W9 | Rickenbacker Boyhood Home | $ | 139,000 | 99593 | |||
| C371X0 | Rivers Edge Amphitheater project | $ | 100,000 | 99594 | |||
| C371X1 | Variety Theater | $ | 85,000 | 99595 | |||
| C371X2 | Morgan Township Historical Society | $ | 80,000 | 99596 | |||
| C371X3 | Salem Community Theater | $ | 53,000 | 99597 | |||
| C371X4 | Our House State Memorial | $ | 50,000 | 99598 | |||
| C371X5 | Belle's Opera House Improvements | $ | 50,000 | 99599 | |||
| C371X6 | Warren Veterans memorial | $ | 50,000 | 99600 | |||
| C371X7 | Huntington Playhouse | $ | 40,000 | 99601 | |||
| C371X8 | Cambridge Performing Arts Center | $ | 37,500 | 99602 | |||
| C371X9 | Old Harvey Historic School Restoration | $ | 25,000 | 99603 | |||
| C371Y0 | Dalton Community Historical Society | $ | 10,000 | 99604 | |||
| C371Y1 | Mohawk Veterans' Memorial | $ | 15,000 | 99605 | |||
| C371Y2 | Cleveland Museum of Natural History | $ | 150,000 | 99606 | |||
| C371Y3 | Fire Museum | $ | 83,334 | 99607 | |||
| C371Y4 | New Town Indian Artifact Museum | $ | 300,000 | 99608 | |||
| C371Y5 | City of Perrysburg Fort Meigs | $ | 200,000 | 99609 | |||
| C371Y6 | Historic League Park Restoration | $ | 150,000 | 99610 | |||
| C371Y8 | Madisonville Arts Center of Hamilton County | $ | 36,000 | 99611 | |||
| C371Z0 | Marietta Citizens Armory Cultural Center | $ | 200,000 | 99612 | |||
| C371Z1 | Great Lakes Historical Museum | $ | 200,000 | 99613 | |||
| C371Z3 | Port of Lorain Foundation - Lorain Lighthouse Restoration | $ | 190,000 | 99614 | |||
| Total Cultural Facilities Commission | $ | |
99615 | ||||
| TOTAL Cultural and Sports Facilities Building Fund | $ | |
99616 | ||||
| Of the foregoing appropriation item C371Q5, Cincinnati Zoo, | 99617 |
| $750,000 shall be used for the Cat Canyon/Small Cat Reproduction | 99618 |
| Center project. | 99619 |
| Appropriations |
| Sec. 233.50.80. STC STARK TECHNICAL COLLEGE | 99620 |
| C38900 | Basic Renovations | $ | 786,333 | 99621 | |||
| C38913 | Business Technologies Building | $ | 2,034,537 | 99622 | |||
| C38914 | Corporate and Community Services Facility | $ | 500,000 | 99623 | |||
| Total Stark Technical College | $ | 3,320,870 | 99624 | ||||
| Total Board of Regents and | 99625 | ||||||
| Institutions of Higher Education | $ | 99626 | |||||
| TOTAL Higher Education Improvement Fund | $ | |
99627 | ||||
| Section 610.51. That existing Sections 227.10 and 233.50.80 | 99629 |
| of Am. Sub. H.B. 562 of the 127th General Assembly, as amended by | 99630 |
| Am. Sub. H.B. 420 of the 127th General Assembly are hereby | 99631 |
| repealed. | 99632 |
| Section 620.10. That Section 831.06 of Am. Sub. H.B. 530 of | 99633 |
| the 126th General Assembly be amended to read as follows: | 99634 |
| Sec. 831.06. The amendments by this act of the first | 99635 |
| paragraph of division (F) of section 5751.01, of division | 99636 |
| (F)(2)(w) of section 5751.01, of the first paragraph of section | 99637 |
| 99638 | |
| 5751.032 of the Revised Code are nonsubstantive corrections of | 99639 |
| errors in Chapter 5751. of the Revised Code. | 99640 |
| Section 620.11. That existing Section 831.06 of Am. Sub. H.B. | 99641 |
| 530 of the 126th General Assembly is hereby repealed. | 99642 |
| Section 630.10. That Section 4 of Am. Sub. H.B. 516 of the | 99643 |
| 125th General Assembly, as most recently amended by Am. Sub. H.B. | 99644 |
| 100 of the 127th General Assembly, be amended to read as follows: | 99645 |
| Sec. 4. The following agencies shall be retained pursuant to | 99646 |
| division (D) of section 101.83 of the Revised Code and shall | 99647 |
| expire on December 31, 2010: | 99648 |
| REVISED CODE OR | 99649 | ||||
| UNCODIFIED | 99650 | ||||
| AGENCY NAME | SECTION | 99651 |
| Administrator, Interstate Compact on Mental Health | 5119.50 | 99652 | ||
| Administrator, Interstate Compact on | 5103.20 | 99653 | ||
| Placement of Children | 99654 | |||
| Advisory Board of Governor's Office of Faith-Based and Community Initiatives | 107.12 | 99655 | ||
| Advisory Boards to the EPA for Air Pollution | 121.13 | 99656 | ||
| Advisory Boards to the EPA for Water Pollution | 121.13 | 99657 | ||
| Advisory Committee of the State Veterinary Medical Licensing Board | 4741.03(D)(3) | 99658 | ||
| Advisory Committee on Livestock Exhibitions | 901.71 | 99659 | ||
| Advisory Council on Amusement Ride Safety | 1711.51 | 99660 | ||
| Advisory Board of Directors for Prison Labor | 5145.162 | 99661 | ||
| Advisory Council for Each Wild, Scenic, or Recreational River Area | 1517.18 | 99662 | ||
| Advisory Councils or Boards for State Departments | 107.18 or 121.13 | 99663 | ||
| Advisory Group to the Ohio Water Resources Council | 1521.19(C) | 99664 | ||
| Alzheimer's Disease Task Force | 173.04(F) | 99665 | ||
| AMBER Alert Advisory Committee | 5502.521 | 99666 | ||
| Apprenticeship Council | 4139.02 | 99667 | ||
| Armory Board of Control | 5911.09 | 99668 | ||
| Automated Title Processing Board | 4505.09(C)(1) | 99669 | ||
| Banking Commission | 1123.01 | 99670 | ||
| Board of Directors of the Ohio Health Reinsurance Program | 3924.08 | 99671 | ||
| Board of Voting Machine Examiners | 3506.05(B) | 99672 | ||
| Brain Injury Advisory Committee | 3304.231 | 99673 | ||
| Capitol Square Review and Advisory Board | 105.41 | 99674 | ||
| Child Support Guideline Advisory Council | 3119.024 | 99675 | ||
| Children's Trust Fund Board | 3109.15 | 99676 | ||
| Citizens Advisory Committee (BMV) | 4501.025 | 99677 | ||
| Citizen's Advisory Councils (Dept. of Mental Retardation and Developmental Disabilities) | 5123.092 | 99678 | ||
| Clean Ohio Trail Advisory Board | 1519.06 | 99679 | ||
| Coastal Resources Advisory Council | 1506.12 | 99680 | ||
| Commission on African-American Males | 4112.12 | 99681 | ||
| Commission on Hispanic-Latino Affairs | 121.31 | 99682 | ||
| Commission on Minority Health | 3701.78 | 99683 | ||
| Committee on Prescriptive Governance | 4723.49 | 99684 | ||
| Commodity Advisory Commission | 926.32 | 99685 | ||
| 99686 | ||||
| Community Oversight Council | 3311.77 | 99687 | ||
| Compassionate Care Task Force | Section 3, H.B. 474, 124th GA | 99688 | ||
| Continuing Education Committee (for Sheriffs) | 109.80 | 99689 | ||
| Coordinating Committee, Agricultural Commodity Marketing Programs | 924.14 | 99690 | ||
| Council on Alcohol and Drug Addiction Services | 3793.09 | 99691 | ||
| Council on Unreclaimed Strip Mined Lands | 1513.29 | 99692 | ||
| 99693 | ||||
| County Sheriffs' Standard Car-Marking and Uniform Commission | 311.25 | 99694 | ||
| Credit Union Council | 1733.329 | 99695 | ||
| Criminal Sentencing Advisory Committee | 181.22 | 99696 | ||
| Day-Care Advisory Council | 5104.08 | 99697 | ||
| Dentist Loan Repayment Advisory Board | 3702.92 | 99698 | ||
| Development Financing Advisory Council | 122.40 | 99699 | ||
| Education Commission of the States (Interstate Compact for Education) | 3301.48 | 99700 | ||
| Electrical Safety Inspector Advisory Committee | 3783.08 | 99701 | ||
| Emergency Response Commission | 3750.02 | 99702 | ||
| Engineering Experiment Station Advisory Committee | 3335.27 | 99703 | ||
| Environmental Education Council | 3745.21 | 99704 | ||
| EPA Advisory Boards or Councils | 121.13 | 99705 | ||
| Farmland Preservation Advisory Board | 901.23 | 99706 | ||
| Financial Planning & Supervision Commission for Municipal Corporation, County, or Township | 118.05 | 99707 | ||
| Financial Planning & Supervision Commission for School District | 3316.05 | 99708 | ||
| Forestry Advisory Council | 1503.40 | 99709 | ||
| Governance Authority for a State University or College | 3345.75 | 99710 | ||
| 99711 | ||||
| Governor's Council on People with Disabilities | 3303.41 | 99712 | ||
| Governor's Residence Advisory Commission | 107.40 | 99713 | ||
| Great Lakes Commission (Great Lakes Basin Compact) | 6161.01 | 99714 | ||
| Gubernatorial Transition Committee | 107.29 | 99715 | ||
| Head Start Partnership Study Council | Section 41.35, H.B. 95, 125th GA | 99716 | ||
| Hemophilia Advisory Subcommittee | 3701.0210 | 99717 | ||
| Housing Trust Fund Advisory Committee | 99718 | |||
| Industrial Commission Nominating Council | 4121.04 | 99719 | ||
| Industrial Technology and Enterprise Advisory Council | 122.29 | 99720 | ||
| Infant Hearing Screening Subcommittee | 3701.507 | 99721 | ||
| Insurance Agent Education Advisory Council | 3905.483 | 99722 | ||
| Interagency Council on Hispanic/Latino Affairs | 121.32(J) | 99723 | ||
| Interstate Mining Commission (Interstate Mining Compact) | 1514.30 | 99724 | ||
| Interstate Rail Passenger Advisory Council (Interstate High Speed Intercity Rail Passenger Network Compact) | 4981.35 | 99725 | ||
| Joint Council on MR/DD | 101.37 | 99726 | ||
| Joint Select Committee on Volume Cap | 133.021 | 99727 | ||
| Labor-Management Government Advisory Council | 4121.70 | 99728 | ||
| Legal Rights Service Commission | 5123.60 | 99729 | ||
| Legislative Task Force on Redistricting, Reapportionment, and Demographic Research | 103.51 | 99730 | ||
| Maternal and Child Health Council | 3701.025 | 99731 | ||
| Medically Handicapped Children's Medical Advisory Council | 3701.025 | 99732 | ||
| Midwest Interstate Passenger Rail Compact Commission (Ohio members) | 4981.361 | 99733 | ||
| Military Activation Task Force | 5902.15 | 99734 | ||
| Milk Sanitation Board | 917.03 | 99735 | ||
| Mine Subsidence Insurance Governing Board | 3929.51 | 99736 | ||
| Minority Development Financing Board | 122.72 | 99737 | ||
| Multi-Agency Radio Communications Systems Steering Committee | Sec. 21, H.B. 790, 120th GA | 99738 | ||
| Multidisciplinary Council | 3746.03 | 99739 | ||
| Muskingum River Advisory Council | 1501.25 | 99740 | ||
| National Museum of Afro-American History and Culture Planning Committee | 149.303 | 99741 | ||
| Ohio Advisory Council for the Aging | 173.03 | 99742 | ||
| Ohio Aerospace & Defense Advisory Council | 122.98 | 99743 | ||
| Ohio Arts Council | 3379.02 | 99744 | ||
| Ohio Business Gateway Steering Committee | 5703.57 | 99745 | ||
| Ohio Cemetery Dispute Resolution Commission | 4767.05 | 99746 | ||
| Ohio Civil Rights Commission Advisory Agencies and Conciliation Councils | 4112.04(B) | 99747 | ||
| Ohio Commercial Insurance Joint Underwriting Association Board Of Governors | 3930.03 | 99748 | ||
| Ohio Commercial Market Assistance Plan Executive Committee | 3930.02 | 99749 | ||
| Ohio Commission on Dispute Resolution and Conflict Management | 179.02 | 99750 | ||
| Ohio Commission to Reform Medicaid | Section 59.29, H.B. 95, 125th GA | 99751 | ||
| Ohio Community Service Council | 121.40 | 99752 | ||
| Ohio Council for Interstate Adult Offender Supervision | 5149.22 | 99753 | ||
| Ohio Cultural Facilities Commission | 3383.02 | 99754 | ||
| Ohio Developmental Disabilities Council | 5123.35 | 99755 | ||
| Ohio Expositions Commission | 991.02 | 99756 | ||
| Ohio Family and Children First Cabinet Council | 121.37 | 99757 | ||
| Ohio Geology Advisory Council | 1505.11 | 99758 | ||
| Ohio Grape Industries Committee | 924.51 | 99759 | ||
| Ohio Hepatitis C Advisory Commission | 3701.92 | 99760 | ||
| Ohio Historic Site Preservation Advisory Board | 149.301 | 99761 | ||
| Ohio Historical Society Board of Trustees | 149.30 | 99762 | ||
| Ohio Judicial Conference | 105.91 | 99763 | ||
| Ohio Lake Erie Commission | 1506.21 | 99764 | ||
| Ohio Medical Malpractice Commission | Section 4, S.B. 281, 124th GA and Section 3, S.B. 86, 125th GA | 99765 | ||
| Ohio Medical Quality Foundation | 3701.89 | 99766 | ||
| Ohio Parks and Recreation Council | 1541.40 | 99767 | ||
| Ohio Peace Officer Training Commission | 109.71 | 99768 | ||
| Ohio Public Defender Commission | 120.01 | 99769 | ||
| Ohio Public Library Information Network Board | Sec. 69, H.B. 117, 121st GA, as amended by H.B. 284, 121st GA | 99770 | ||
| Ohio Quarter Horse Development Commission | 3769.086 | 99771 | ||
| Ohio Small Government Capital Improvements Commission | 164.02 | 99772 | ||
| Ohio Soil and Water Conservation Commission | 1515.02 | 99773 | ||
| Ohio Standardbred Development Commission | 3769.085 | 99774 | ||
| Ohio Steel Industry Advisory Council | 122.97 | 99775 | ||
| 99776 | ||||
| Ohio Thoroughbred Racing Advisory Committee | 3769.084 | 99777 | ||
| Ohio Tuition Trust Authority | 3334.03 | 99778 | ||
| Ohio University College of Osteopathic Medicine Advisory Committee | 3337.10 | 99779 | ||
| Ohio Vendors Representative Committee | 3304.34 | 99780 | ||
| Ohio War Orphans Scholarship Board | 5910.02 | 99781 | ||
| Ohio Water Advisory Council | 1521.031 | 99782 | ||
| Ohio Water Resources Council | 1521.19 | 99783 | ||
| Ohioana Library Association, Martha Kinney Cooper Memorial | 3375.62 | 99784 | ||
| Oil and Gas Commission | 1509.35 | 99785 | ||
| Operating Committee, Agricultural Commodity Marketing Programs | 924.07 | 99786 | ||
| Organized Crime Investigations Commission | 177.01 | 99787 | ||
| Pharmacy and Therapeutics Committee of the Dept. of Job and Family Services | 99788 | |||
| Physician Loan Repayment Advisory Board | 3702.81 | 99789 | ||
| Power Siting Board | 4906.02 | 99790 | ||
| Prequalification Review Board | 5525.07 | 99791 | ||
| Private Water Systems Advisory Council | 3701.346 | 99792 | ||
| Public Employment Risk Reduction Advisory Commission | 4167.02 | 99793 | ||
| Public Health Council | 3701.33 | 99794 | ||
| Public Utilities Commission Nominating Council | 4901.021 | 99795 | ||
| Public Utility Property Tax Study Committee | 5727.85 | 99796 | ||
| Radiation Advisory Council | 3748.20 | 99797 | ||
| Reclamation Commission | 1513.05 | 99798 | ||
| Recreation and Resources Commission | 1501.04 | 99799 | ||
| Recycling and Litter Prevention Advisory Council | 1502.04 | 99800 | ||
| Rehabilitation Services Commission Consumer Advisory Committee | 3304.24 | 99801 | ||
| Savings & Loans Associations & Savings Banks Board | 1181.16 | 99802 | ||
| Schools and Ministerial Lands Divestiture Committee | 501.041 | 99803 | ||
| Second Chance Trust Fund Advisory Committee | 2108.17 | 99804 | ||
| Small Business Stationary Source Technical and Environmental Compliance Assistance Council | 3704.19 | 99805 | ||
| Solid Waste Management Advisory Council | 3734.51 | 99806 | ||
| State Agency Coordinating Group | 1521.19 | 99807 | ||
| State Board of Emergency Medical Services Subcommittees | 4765.04 | 99808 | ||
| State Council of Uniform State Laws | 105.21 | 99809 | ||
| State Committee for the Purchase of Products and Services Provided by Persons with Severe Disabilities | 4115.32 | 99810 | ||
| State Criminal Sentencing Commission | 181.21 | 99811 | ||
| State Fire Commission | 3737.81 | 99812 | ||
| State Racing Commission | 3769.02 | 99813 | ||
| State Victims Assistance Advisory Committee | 109.91 | 99814 | ||
| Student Tuition Recovery Authority | 3332.081 | 99815 | ||
| Tax Credit Authority | 122.17 | 99816 | ||
| Technical Advisory Committee to Assist the Director of the Ohio Coal Development Office | 1551.35 | 99817 | ||
| Technical Advisory Council on Oil and Gas | 1509.38 | 99818 | ||
| Transportation Review Advisory Council | 5512.07 | 99819 | ||
| Unemployment Compensation Review Commission | 4141.06 | 99820 | ||
| Unemployment Compensation Advisory Council | 4141.08 | 99821 | ||
| Utility Radiological Safety Board | 4937.02 | 99822 | ||
| Vehicle Management Commission | 125.833 | 99823 | ||
| Veterans Advisory Committee | 5902.02(K) | 99824 | ||
| Volunteer Fire Fighters' Dependents Fund Boards (Private and Public) | 146.02 | 99825 | ||
| Water and Sewer Commission | 1525.11(C) | 99826 | ||
| Waterways Safety Council | 1547.73 | 99827 | ||
| Wildlife Council | 1531.03 | 99828 | ||
| Workers' Compensation Board of Directors Nominating Committee | 4121.123 | 99829 |
| Section 630.11. That existing Section 4 of Am. Sub. H.B. 516 | 99830 |
| of the 125th General Assembly, as most recently amended by Am. | 99831 |
| Sub. H.B. 100 of the 127th General Assembly, is hereby repealed. | 99832 |
| Section 640.10. That Section 153 of Am. Sub. H.B. 117 of the | 99833 |
| 121st General Assembly, as most recently amended by Am. Sub. H.B. | 99834 |
| 119 of the 127th General Assembly, be amended to read as follows: | 99835 |
| Sec. 153. (A) Sections 5112.01, 5112.03, 5112.04, 5112.05, | 99836 |
| 5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11, 5112.18, | 99837 |
| 5112.19, 5112.21, and 5112.99 of the Revised Code are hereby | 99838 |
|
repealed, effective
October 16, | 99839 |
| (B) Any money remaining in the Legislative Budget Services | 99840 |
|
Fund
on
October 16, | 99841 |
| the Revised Code is repealed by division (A) of this section, | 99842 |
| shall be used solely for the purposes stated in then former | 99843 |
| section 5112.19 of the Revised Code. When all money in the | 99844 |
| Legislative Budget Services Fund has been spent after then former | 99845 |
| section 5112.19 of the Revised Code is repealed under division (A) | 99846 |
| of this section, the fund shall cease to exist. | 99847 |
| Section 640.11. That existing Section 153 of Am. Sub. H.B. | 99848 |
| 117 of the 121st General Assembly, as most recently amended by | 99849 |
| Am. Sub. H.B. 119 of the 127th General Assembly, is hereby | 99850 |
| repealed. | 99851 |
| Section 640.20. That Sections 120.01, 120.02, and 120.05 of | 99852 |
| Am. Sub. H.B. 119 of the 127th General Assembly be amended to | 99853 |
| read as follows: | 99854 |
| Sec. 120.01. During the period beginning July 1, 2007, and | 99855 |
|
expiring | 99856 |
| 3718.02, 3718.05, 3718.06, 3718.07, 3718.08, 3718.09, 3718.10, | 99857 |
|
3718.99, and
6111.441 of the Revised Code is suspended. On | 99858 |
| 99859 | |
| 3718.08, 3718.09, 3718.10, 3718.99, and 6111.441 of the Revised | 99860 |
| Code, in either their present form or as they are later amended, | 99861 |
| again become operational. | 99862 |
| Sec. 120.02. (A)(1) Effective July 2, 2007, the rules | 99863 |
| adopted by the Public Health Council under section 3718.02 of the | 99864 |
| Revised Code that took effect on January 1, 2007, are not valid. | 99865 |
| Not later than July 2, 2007, the Director of Health shall adopt | 99866 |
| rules that are identical to the rules adopted by the Public Health | 99867 |
| Council that were in effect prior to January 1, 2007, and were | 99868 |
| codified in Chapter 3701-29 of the Administrative Code, except the | 99869 |
| rules in that chapter that established requirements for separation | 99870 |
| distances from a water table and soil absorption requirements. | 99871 |
| At the same time that the Public Health Council adopts the | 99872 |
| rules required under division (A)(2) of this section, the Director | 99873 |
| shall rescind the rules adopted under this division. | 99874 |
| The adoption and rescission of rules under this division are | 99875 |
| not subject to section 119.03 of the Revised Code. However, the | 99876 |
| Director shall file the adoption and rescission of the rules in | 99877 |
| accordance with section 119.04 of the Revised Code. Upon that | 99878 |
| filing, the adoption and rescission of the rules take immediate | 99879 |
| effect. | 99880 |
| (2) Not later than thirty days after the effective date of | 99881 |
| this section as enacted by Am. Sub. H.B. 119 of the 127th General | 99882 |
| Assembly and notwithstanding any provision of law to the | 99883 |
| contrary, the Public Health Council shall rescind rules adopted | 99884 |
| by the Council under section 3718.02 of the Revised Code, that | 99885 |
| took effect on January 1, 2007. At the same time as those rules | 99886 |
| are rescinded, the Council shall adopt rules that are identical | 99887 |
| to the rules adopted by the Council that were in effect prior to | 99888 |
| January 1, 2007, and were codified in Chapter 3701-29 of the | 99889 |
| Administrative Code, except the rules in that Chapter that | 99890 |
| established requirements for separation distances from a water | 99891 |
| table and soil absorption requirements. Instead, a board of health | 99892 |
| or the authority having the duties of a board of health shall | 99893 |
| adopt standards establishing requirements for separation distances | 99894 |
| from a water table and soil absorption requirements based on the | 99895 |
| water table and soils in the applicable health district for | 99896 |
| purposes of the installation and operation of household sewage | 99897 |
| treatment systems and small flow on-site sewage treatment systems | 99898 |
| in the applicable health district. | 99899 |
| The rescission and adoption of rules under this division are | 99900 |
| not subject to section 119.03 of the Revised Code. However, the | 99901 |
| Public Health Council shall file the rules in accordance with | 99902 |
| section 119.04 of the Revised Code. Upon that filing, the rules | 99903 |
| take immediate effect. | 99904 |
| (B) A local board of health or the authority having the | 99905 |
| duties of a board of health may adopt standards for use in the | 99906 |
| health district that are more stringent than the rules adopted | 99907 |
| under division (A)(1) or (2) of this section, provided that the | 99908 |
| board of health or authority having the duties of a board of | 99909 |
| health in adopting such standards considers the economic impact | 99910 |
| of those standards on property owners, the state of available | 99911 |
| technology, and the nature and economics of the available | 99912 |
| alternatives. If a board of health or authority having the duties | 99913 |
| of a board of health adopts standards that are more stringent | 99914 |
| than the rules adopted under division (A)(1) or (2) of this | 99915 |
| section, the board or authority shall send a copy of the | 99916 |
| standards to the Department of Health. | 99917 |
| (C)(1) A board of health or the authority having the duties | 99918 |
| of a board of health shall approve or deny the use of household | 99919 |
| sewage treatment systems and small flow on-site sewage treatment | 99920 |
| systems in the applicable health district. In approving or denying | 99921 |
| a household sewage treatment system or a small flow on-site sewage | 99922 |
| treatment system for use in the health district, the board or | 99923 |
| authority shall consider the economic impact of the system on | 99924 |
| property owners, the state of available technology, and the nature | 99925 |
| and economics of the available alternatives, ensure that a system | 99926 |
| will not create a public health nuisance, and require a system to | 99927 |
| comply with the requirements established in divisions (C)(2) and | 99928 |
| (3) of this section. | 99929 |
| (2) Notwithstanding any rule adopted by the Director of | 99930 |
| Health or the Public Health Council or standard adopted by a | 99931 |
| board of health or the authority having the duties of a board of | 99932 |
| health governing the installation and operation of sewage | 99933 |
| treatment systems, a board of health or the authority having the | 99934 |
| duties of a board of health shall ensure that the design and | 99935 |
| installation of a soil absorption system prevents public health | 99936 |
| nuisances. To the extent determined necessary by a board of | 99937 |
| health or the authority having the duties of a board of health, a | 99938 |
| sewage treatment system that is installed after the effective | 99939 |
| date of this section as enacted by Am. Sub. H.B. 119 of the 127th | 99940 |
| General Assembly shall not discharge to a ditch, stream, pond, | 99941 |
| lake, natural or artificial waterway, drain tile, other surface | 99942 |
| water, or the surface of the ground unless authorized by a | 99943 |
| national pollutant discharge elimination system (NPDES) permit | 99944 |
| issued under Chapter 6111. of the Revised Code and rules adopted | 99945 |
| under it. In addition, a sewage treatment system shall not | 99946 |
| discharge to an abandoned well, a drainage well, a dry well or | 99947 |
| cesspool, a sinkhole, or another connection to ground water. As a | 99948 |
| condition to the issuance of a permit to operate a system, a | 99949 |
| board of health or the authority having the duties of a board of | 99950 |
| health shall require a service contract for any sewage treatment | 99951 |
| system that is subject to an NPDES permit to the extent required | 99952 |
| by the Environmental Protection Agency. If classified as a class | 99953 |
| V injection well, a household sewage treatment system serving a | 99954 |
| two- or three-family dwelling or a small flow on-site sewage | 99955 |
| treatment system shall comply with 40 C.F.R. 144, as published in | 99956 |
| the July 1, 2005, Code of Federal Regulations and with the | 99957 |
| registration requirements established in rule 3745-34-13 of the | 99958 |
| Administrative Code. | 99959 |
| (3) Notwithstanding any rule adopted by the Director of | 99960 |
| Health or the Public Health Council or standard adopted by a | 99961 |
| board of health or the authority having the duties of a board of | 99962 |
| health governing the installation and operation of household | 99963 |
| sewage treatment systems, all septic tanks, other disposal | 99964 |
| component tanks, dosing tanks, pump vaults, household sewage | 99965 |
| disposal system holding tanks and privy vaults, or other | 99966 |
| applicable sewage disposal system components manufactured after | 99967 |
| the effective date of this section as enacted by Am. Sub. H.B. 119 | 99968 |
| of the 127th General Assembly and used in this state shall be | 99969 |
| watertight and structurally sound. | 99970 |
| (4) For purposes of division (C) of this section, "economic | 99971 |
| impact" means all of the following with respect to the approval or | 99972 |
| denial of a household sewage treatment system or small flow | 99973 |
| on-site sewage treatment system, as applicable: | 99974 |
| (a) The cost of a proposed system; | 99975 |
| (b) The cost of an alternative system that will not create a | 99976 |
| public health nuisance; | 99977 |
| (c) A comparison of the costs of repairing a system as | 99978 |
| opposed to replacing the system with a new system; | 99979 |
| (d) The value of the dwelling or facility, as applicable, | 99980 |
| that the system services as indicated in the most recent tax | 99981 |
| duplicate. | 99982 |
| (D)(1) Notwithstanding any rule adopted by the Director of | 99983 |
| Health or the Public Health Council governing the installation and | 99984 |
| operation of household sewage treatment systems, a board of | 99985 |
| health or the authority having the duties of a board of health | 99986 |
| may establish and collect fees for the purposes of this section. | 99987 |
| (2) In addition to the fees that are authorized to be | 99988 |
| established under division (D)(1) of this section, there is hereby | 99989 |
| levied an application fee of twenty-five dollars for a sewage | 99990 |
| treatment system installation permit. A board of health or the | 99991 |
| authority having the duties of a board of health shall collect the | 99992 |
| fee on behalf of the Department of Health and forward the fee to | 99993 |
| the Department to be deposited in the state treasury to the credit | 99994 |
| of the Sewage Treatment System Innovation Fund, which is hereby | 99995 |
| created. Not more than seventy-five per cent of the money in the | 99996 |
| Fund shall be used by the Department to administer the sewage | 99997 |
| treatment system program, and not less than twenty-five per cent | 99998 |
| of the money in the Fund shall be used to establish a grant | 99999 |
| program in cooperation with boards of health to fund the | 100000 |
| installation and evaluation of new technology pilot projects. In | 100001 |
| the selection of the pilot projects, the Director of Health shall | 100002 |
| consult with the Sewage Treatment System Technical Advisory | 100003 |
| Committee created in section 3718.03 of the Revised Code. | 100004 |
| (E) Not later than one year after the installation of a | 100005 |
| household sewage treatment system, a board of health or the | 100006 |
| authority having the duties of a board of health shall inspect the | 100007 |
| system to ensure that it is not a public health nuisance. | 100008 |
| (F) The Department of Health may file an injunctive action | 100009 |
| against a board of health or the authority having the duties of a | 100010 |
| board of health that allows a household sewage treatment system or | 100011 |
| small flow on-site sewage treatment system to cause a public | 100012 |
| health nuisance, provided that the Department provides reasonable | 100013 |
| notice to the board or authority and allows for the opportunity to | 100014 |
| abate the nuisance prior to the action. | 100015 |
| (G) The Environmental Protection Agency shall not require a | 100016 |
| board of health or the authority having the duties of a board of | 100017 |
| health to enter into a memorandum of understanding or any other | 100018 |
| agreement with the Agency regarding the issuance of NPDES permits | 100019 |
| for off-lot sewage treatment systems. Instead, a representative of | 100020 |
| a board of health or the authority having the duties of a board of | 100021 |
| health may meet with a person who intends to install such a system | 100022 |
| to determine the feasibility of the system and refer the person to | 100023 |
| the Agency to secure an NPDES permit for the system if needed. The | 100024 |
| Environmental Protection Agency, within ninety days or as quickly | 100025 |
| as possible after the effective date of this section as enacted by | 100026 |
| Am. Sub. H.B. 119 of the 127th General Assembly, shall seek a | 100027 |
| revision to the general NPDES permit, issued pursuant to the | 100028 |
| federal Water Pollution Control Act as defined in section 6111.01 | 100029 |
| of the Revised Code, in order not to require a memorandum of | 100030 |
| understanding with a board of health or the authority having the | 100031 |
| duties of a board of health and that allows a property owner to | 100032 |
| seek coverage under the general NPDES permit for purposes of this | 100033 |
| division. A board of health or the authority having the duties of | 100034 |
| a board of health voluntarily may enter into a memorandum of | 100035 |
| understanding with the Environmental Protection Agency to | 100036 |
| implement the general NPDES permit. In the interim, the Agency | 100037 |
| shall work with boards of health or authorities having the duties | 100038 |
| of boards of health and with property owners in order to | 100039 |
| facilitate the owners' securing an NPDES permit in counties | 100040 |
| without a memorandum of understanding. | 100041 |
| (H) Notwithstanding any rule adopted by the Director of | 100042 |
| Health or the Public Health Council governing the installation and | 100043 |
| operation of household sewage treatment systems, a board of | 100044 |
| health or the authority having the duties of a board of health | 100045 |
| that, prior to the effective date of this section, has obtained | 100046 |
| authority from the Department of Health and the Environmental | 100047 |
| Protection Agency to regulate small flow on-site sewage treatment | 100048 |
| systems may continue to regulate such systems on and after the | 100049 |
| effective date of this section as enacted by Am. Sub. H.B. 119 of | 100050 |
| the 127th General Assembly. A board of health or the authority | 100051 |
| having the duties of a board of health that has not obtained | 100052 |
| such authority may request the authority from the Department of | 100053 |
| Health and the Environmental Protection Agency in the manner | 100054 |
| provided by law. | 100055 |
| (I) Because the rules adopted by the Public Health Council | 100056 |
| under section 3718.02 of the Revised Code that were effective on | 100057 |
| January 1, 2007, have been rescinded by operation of this section, | 100058 |
| the references to those rules in section 3718.021 of the Revised | 100059 |
| Code are not operable. Instead, notwithstanding any other | 100060 |
| provisions of this section, the Director of Health or the Public | 100061 |
| Health Council, as applicable, shall provide for the | 100062 |
| implementation of section 3718.021 of the Revised Code in the | 100063 |
| rules that are required to be adopted under division (A) of this | 100064 |
| section. | 100065 |
| (J) The Department of Health in cooperation with a board of | 100066 |
| health or the authority having the duties of a board of health | 100067 |
| shall assess the familiarity of the board's or authority's staff | 100068 |
| with the best practices in the use of sewage treatment systems and | 100069 |
| conduct appropriate training to educate the board's or authority's | 100070 |
| staff in those best practices and in the use of any new sewage | 100071 |
| treatment system technology that is recommended for use by the | 100072 |
| Sewage Treatment System Technical Advisory Committee created in | 100073 |
| section 3718.03 of the Revised Code. | 100074 |
| (K)(1) As used in this section, "household sewage treatment | 100075 |
| system," "small flow on-site sewage treatment system," and "sewage | 100076 |
| treatment system" have the same meanings as in section 3718.01 of | 100077 |
| the Revised Code. | 100078 |
| (2) For the purposes of this section, "household sewage | 100079 |
| treatment system" is deemed to mean "household sewage disposal | 100080 |
| system" as necessary for the operation of this section. | 100081 |
| (3) For purposes of this section, a public health nuisance | 100082 |
| shall be deemed to exist when an inspection conducted by a board | 100083 |
| of health documents odor, color, or other visual manifestations of | 100084 |
| raw or poorly treated sewage and either of the following applies: | 100085 |
| (a) Water samples exceed five thousand fecal coliform counts | 100086 |
| per one hundred milliliters (either MPN or MF) in two or more | 100087 |
| samples when five or fewer samples are collected or in more than | 100088 |
| twenty per cent of the samples when more than five samples are | 100089 |
| taken. | 100090 |
| (b) Water samples exceed five hundred seventy-six E. Coli | 100091 |
| counts per one hundred milliliters in two or more samples when | 100092 |
| five or fewer samples are collected or in more than twenty per | 100093 |
| cent of the samples when more than five samples are taken. | 100094 |
| (L) Neither the Director of Health or the Public Health | 100095 |
|
Council shall adopt rules prior to | 100096 |
| modify or change the requirements established by this section. | 100097 |
| (M) This section expires on the effective date of the rules | 100098 |
| that are to be adopted under section 3718.02 of the Revised Code | 100099 |
|
when that section becomes operational on | 100100 |
|
pursuant to
Section 120.01 of | 100101 |
| 127th General Assembly. | 100102 |
| Sec. 120.05. Sections 120.03 and 120.04 of Am. Sub. H.B. 119 | 100103 |
|
of the 127th General Assembly take effect on
| 100104 |
| 2009. | 100105 |
| Section 640.21. That existing Sections 120.01, 120.02, and | 100106 |
| 120.05 of Am. Sub. H.B. 119 of the 127th General Assembly are | 100107 |
| hereby repealed. | 100108 |
| Section 690.10. That Section 3 of Am. Sub. H.B. 203 of the | 100109 |
| 126th General Assembly and Section 325.05 of Am. Sub. H.B. 2 of | 100110 |
| the 128th General Assembly are hereby repealed. | 100111 |
| Section 701.10. EXEMPT EMPLOYEE CONSENT TO CERTAIN DUTIES | 100112 |
| (A) As used in this section, "appointing authority" has the | 100113 |
| same meaning as in section 124.01 of the Revised Code, and | 100114 |
| "exempt employee" has the same meaning as in section 124.152 of | 100115 |
| the Revised Code. | 100116 |
| (B) Notwithstanding section 124.181 of the Revised Code, both | 100117 |
| of the following apply: | 100118 |
| (1) In cases where no vacancy exists, an appointing authority | 100119 |
| may, with the written consent of an exempt employee, assign duties | 100120 |
| of a higher classification to that exempt employee for a period of | 100121 |
| time not to exceed two years, and that exempt employee shall | 100122 |
| receive compensation at a rate commensurate with the duties of the | 100123 |
| higher classification. | 100124 |
| (2) If necessary, exempt employees who are assigned to duties | 100125 |
| within their agency to maintain operations during the Ohio | 100126 |
| Administrative Knowledge System (OAKS) implementation may agree to | 100127 |
| a temporary assignment that exceeds the two-year limit. | 100128 |
| Section 701.20. FINANCIAL PLANNING AND SUPERVISION | 100129 |
| COMMISSIONS | 100130 |
| For any Financial Planning and Supervision Commission | 100131 |
| established prior to the effective date of the amendment of | 100132 |
| section 118.05 of the Revised Code by the Main Operating | 100133 |
| Appropriations Act of the 128th General Assembly, four members | 100134 |
| constitute a quorum and the affirmative vote of a majority of the | 100135 |
| members is necessary for any action taken by vote of the | 100136 |
| commission. | 100137 |
| Section 701.30. SCIENCE AND TECHNOLOGY COLLABORATION | 100138 |
| The Department of Development, the Board of Regents, the Air | 100139 |
| Quality Development Authority, the Department of Agriculture, and | 100140 |
| the Third Frontier Commission shall collaborate in relation to | 100141 |
| appropriation items and programs referred to as Technology-based | 100142 |
| Economic Development Programs in this section, and other | 100143 |
| technology-related appropriations and programs in the Department | 100144 |
| of Development, Air Quality Development Authority, Department of | 100145 |
| Agriculture, and the Board of Regents as these agencies may | 100146 |
| designate, to ensure implementation of a coherent state science | 100147 |
| and technology strategy. | 100148 |
| To the extent permitted by law, the Air Quality Development | 100149 |
| Authority shall assure that coal research and development | 100150 |
| programs, proposals, and projects consider or incorporate | 100151 |
| collaborations with Third Frontier Project programs and grantees | 100152 |
| and with Technology-based Economic Development Programs and | 100153 |
| grantees. | 100154 |
| "Technology-based Economic Development Programs" means | 100155 |
| appropriation items 195401, Thomas Edison Program; 898402, Coal | 100156 |
| Development Office; 898604, Coal Research and Development Fund; | 100157 |
| 235508, Air Force Institute of Technology; 235510, Ohio | 100158 |
| Supercomputer Center; 235535, Ohio Agricultural Research and | 100159 |
| Development Center; 235556, Ohio Academic Resources Network; | 100160 |
| 195435, Biomedical Research and Technology Transfer; 195687, | 100161 |
| Third Frontier Research & Development Projects; C23506, Third | 100162 |
| Frontier Project; 195692, Research & Development Taxable Bond | 100163 |
| Projects; 195694, Jobs Fund Bioproducts; 195695, Jobs Fund | 100164 |
| Biomedical; Technology Action grants provided in 195615, | 100165 |
| Facilities Establishment; and tax credits supporting the Ohio | 100166 |
| Venture Capital Authority and Technology Investment Tax Credit | 100167 |
| programs. | 100168 |
| Technology-based Economic Development Programs shall be | 100169 |
| managed and administered in accordance with the following | 100170 |
| objectives: (1) to build on existing competitive research | 100171 |
| strengths; (2) to encourage new and emerging discoveries and | 100172 |
| commercialization of products and ideas that will benefit the Ohio | 100173 |
| economy; and (3) to assure improved collaboration among programs | 100174 |
| administered by the Third Frontier Commission and with other | 100175 |
| state programs that are intended to improve economic growth and | 100176 |
| job creation. As directed by the Third Frontier Commission, | 100177 |
| Technology-based Economic Development Program managers shall | 100178 |
| report to the Commission or the Third Frontier Advisory Board | 100179 |
| regarding the contributions of their programs to achieving these | 100180 |
| objectives. | 100181 |
| Each Technology-based Economic Development Program shall be | 100182 |
| reviewed annually by the Third Frontier Commission with respect | 100183 |
| to its development of complementary relationships within a | 100184 |
| combined state science and technology investment portfolio, and | 100185 |
| with respect to its overall contribution to the state's science | 100186 |
| and technology strategy, including the adoption of appropriately | 100187 |
| consistent criteria for: (1) the scientific and technical merit | 100188 |
| and relationship to Ohio's research strengths of activities | 100189 |
| supported by the program; (2) the relevance of the program's | 100190 |
| activities to commercial opportunities in the private sector; (3) | 100191 |
| the private sector's involvement in a process that continually | 100192 |
| evaluates commercial opportunities to use the work supported by | 100193 |
| the program; and (4) the ability of the program and recipients of | 100194 |
| grant funding from the program to engage in activities that are | 100195 |
| collaborative, complementary, and efficient in the expenditure of | 100196 |
| state funds. Each Technology-based Economic Development Program | 100197 |
| shall provide an annual report to the Third Frontier Commission | 100198 |
| that discusses existing, planned, or possible collaborations | 100199 |
| between programs and between recipients of grant funding related | 100200 |
| to technology, development, commercialization, and the support of | 100201 |
| Ohio's economic development. The annual review conducted by the | 100202 |
| Third Frontier Commission shall be a comprehensive review of the | 100203 |
| entire state science and technology program portfolio rather than | 100204 |
| a review of individual programs. | 100205 |
| Applicants for Third Frontier and Technology-based Economic | 100206 |
| Development Programs funding shall identify their requirements | 100207 |
| for high-performance computing facilities and services, including | 100208 |
| both hardware and software, in all proposals. If an applicant's | 100209 |
| requirements exceed approximately $100,000 for a proposal, the | 100210 |
| Ohio Supercomputer Center shall convene a panel of experts. The | 100211 |
| panel shall review the proposal to determine whether the | 100212 |
| proposal's requirements can be met through Ohio Supercomputer | 100213 |
| Center facilities or through other means and report such | 100214 |
| information to the Third Frontier Commission. | 100215 |
| To ensure that the state receives the maximum benefit from | 100216 |
| its investment in the Third Frontier Project and the NextGen | 100217 |
| Network, organizations receiving Third Frontier awards and | 100218 |
| Technology-based Economic Development Programs awards shall, as | 100219 |
| appropriate, be expected to have a connection to the NextGen | 100220 |
| Network that enables them and their collaborators to achieve | 100221 |
| award objectives through the NextGen Network. | 100222 |
| Section 701.40. The General Assembly intends that all funds | 100223 |
| appropriated or otherwise made available by the state for fiscal | 100224 |
| stabilization or recovery purposes, or by the American Recovery | 100225 |
| and Reinvestment Act of 2009, shall be used, to the extent | 100226 |
| possible, in accordance with the preferences established in | 100227 |
| section 125.09 of the Revised Code to purchase products made and | 100228 |
| services performed in the United States and in this state. The | 100229 |
| General Assembly further recognizes that a preference for buying | 100230 |
| goods and materials that are produced, and services that are | 100231 |
| performed, in the United States for projects is important for | 100232 |
| maximizing the creation of American jobs and restoring economic | 100233 |
| growth and opportunity. | 100234 |
| If any person requests or obtains a waiver of the preferences | 100235 |
| referred to in the first paragraph of this section, the Director | 100236 |
| of Administrative Services shall publish information identifying | 100237 |
| the person and the product or service with regard to which the | 100238 |
| waiver was requested or obtained. The purpose of publishing this | 100239 |
| identifying information is to enhance opportunities for producers, | 100240 |
| service providers, and workers to identify and provide products | 100241 |
| made and services performed in the United States and this state, | 100242 |
| and thereby to maximize the success of the fiscal stabilization | 100243 |
| and economic recovery program. The director shall publish the | 100244 |
| identifying information on an internet web site maintained by the | 100245 |
| Department of Administrative Services. | 100246 |
| Section 701.70. The Department of Administrative Services | 100247 |
| shall conduct a pilot project involving propane-powered state | 100248 |
| vehicles. During the period commencing October 1, 2009, and ending | 100249 |
| September 30, 2010, the Department of Administrative Services | 100250 |
| shall convert or cause to be converted to a propane fuel system | 100251 |
| five per cent of the gasoline-powered passenger cars, sport | 100252 |
| utility vehicles, and light-duty pickup trucks owned by the state. | 100253 |
| During the period commencing October 1, 2010, and ending December | 100254 |
| 31, 2010, the Department shall convert or cause to be converted to | 100255 |
| a propane fuel system an additional five per cent of the | 100256 |
| gasoline-powered motor vehicles described in this section. Only | 100257 |
| propane fuel systems that have been approved by the United States | 100258 |
| Environmental Protection Agency shall be installed in state | 100259 |
| vehicles pursuant to this section. | 100260 |
| During the period commencing October 1, 2009, and ending | 100261 |
| September 30, 2011, the Department shall keep detailed records of | 100262 |
| the propane-powered vehicles, including fuel mileage and | 100263 |
| maintenance costs. After September 30, 2011, the Department shall | 100264 |
| conduct a study of the pilot project to assess all aspects of the | 100265 |
| use by the state of propane-powered vehicles during the pilot | 100266 |
| project. The study shall include all relevant findings and | 100267 |
| recommendations, if any, regarding future use of propane gas in | 100268 |
| state vehicles, and shall be compiled into a final report. | 100269 |
| Not later than December 31, 2011, the Department shall submit | 100270 |
| copies of the final report to the Governor, the President of the | 100271 |
| Senate, the Minority Leader of the Senate, the Speaker of the | 100272 |
| House of Representatives, and the Minority Leader of the House of | 100273 |
| Representatives. | 100274 |
| Section 701.80. The Director of Budget and Management shall | 100275 |
| prepare, beginning on October 1, 2009, and on the first day of | 100276 |
| each calendar quarter thereafter, a list of all employees paid by | 100277 |
| warrant of the Director who work primarily for one state agency | 100278 |
| while being paid from appropriations made to another state agency. | 100279 |
| The Director shall provide a copy of the list to the President of | 100280 |
| the Senate, the Speaker of the House of Representatives, and the | 100281 |
| Minority Leaders of the Senate and House of Representatives. | 100282 |
| Section 701.90. (A) In adopting the rules required under | 100283 |
| division (K) of section 122.85 of the Revised Code, as enacted | 100284 |
| by this act, the Director of Development shall file the notice | 100285 |
| and text of the proposed rules as required by division (B) of | 100286 |
| section 119.03 of the Revised Code not later than two hundred | 100287 |
| five days after the effective date of this section. | 100288 |
| (B) Not later than eighty days after the effective date of | 100289 |
| this section, the Director of Development shall adopt initial | 100290 |
| rules to effect the same purposes of the rules required under | 100291 |
| division (K) of section 122.85 of the Revised Code, as enacted | 100292 |
| by this act. The initial rules shall be adopted pursuant to | 100293 |
| section 111.15 of the Revised Code, but division (D) of that | 100294 |
| section does not apply to the adoption of the initial rules. The | 100295 |
| initial rules shall be effective until the final rules adopted | 100296 |
| pursuant to division (A) of this section and Chapter 119. of the | 100297 |
| Revised Code take effect. | 100298 |
| Section 701.95. The several appointing authorities shall | 100299 |
| make initial appointments to the Small Business Regulatory Review | 100300 |
| Board under section 121.257 of the Revised Code, as enacted by | 100301 |
| this act, for terms commencing on January 1, 2010. | 100302 |
| Section 709.10. (A) There is hereby created in the | 100303 |
| Department of Agriculture the Ohio Beekeepers Task Force | 100304 |
| consisting of the following members: | 100305 |
| (1) Two members of the standing committee of the House of | 100306 |
| Representatives that is primarily responsible for considering | 100307 |
| agricultural matters appointed by the Governor, each from a | 100308 |
| different political party; | 100309 |
| (2) Two members of the standing committee of the Senate that | 100310 |
| is primarily responsible for considering agricultural matters | 100311 |
| appointed by the Governor, each from a different political party; | 100312 |
| (3) The Chief of the Division of Plant Industry in the | 100313 |
| Department of Agriculture or the Chief's designee; | 100314 |
| (4) The Director of Natural Resources or the Director's | 100315 |
| designee; | 100316 |
| (5) Two representatives of the Ohio State Beekeepers | 100317 |
| Association appointed by the Association; | 100318 |
| (6) The Director of The Ohio State University Extension or | 100319 |
| the Director's designee; | 100320 |
| (7) An apiculture specialist of The Ohio State University | 100321 |
| Extension appointed by the Director of The Ohio State University | 100322 |
| Extension; | 100323 |
| (8) The Chair of The Ohio State University Department of | 100324 |
| Entomology or the Chair's designee; | 100325 |
| (9) A representative of the Ohio Produce Growers and | 100326 |
| Marketing Association appointed by the Association; | 100327 |
| (10) A representative of the Ohio Farm Bureau Federation Bee | 100328 |
| and Honey Committee appointed by the Federation; | 100329 |
| (11) A representative of the Ohio Farmers Union appointed by | 100330 |
| the Union; | 100331 |
| (12) A representative of the County Commissioners Association | 100332 |
| of Ohio appointed by the Association. | 100333 |
| (B) The members shall be appointed not later than sixty days | 100334 |
| after the effective date of this section. The Task Force shall | 100335 |
| hold its first meeting not later than ninety days after the | 100336 |
| effective date of this section. | 100337 |
| (C) The Governor shall select a chairperson and | 100338 |
| vice-chairperson from among the members of the Task Force. The | 100339 |
| chairperson may appoint a secretary. | 100340 |
| (D) The members of the Task Force shall receive no | 100341 |
| compensation for their services. | 100342 |
| (E) Not later than ten months after the effective date of | 100343 |
| this section, the Ohio Beekeepers Task Force shall submit a report | 100344 |
| to the Governor, the President of the Senate, the Speaker of the | 100345 |
| House of Representatives, and the Ohio State Beekeepers | 100346 |
| Association. The report shall do all of the following: | 100347 |
| (1) Provide an overview of the characteristics of the | 100348 |
| honeybee crisis in Ohio; | 100349 |
| (2) Examine and provide an overview of and conclusions | 100350 |
| regarding whether pollinator shortages are affecting crop | 100351 |
| pollination in Ohio; | 100352 |
| (3) Review and provide an overview of the Ohio Honeybee | 100353 |
| Emergency Action Plan; | 100354 |
| (4) Review and provide a summary of the federal initiatives | 100355 |
| regarding Ohio's bee population and of all of the Department of | 100356 |
| Agriculture's and the Ohio State Beekeepers Association's | 100357 |
| programs concerning Ohio's bee population; | 100358 |
| (5) Provide an overview of the five-year goals of the | 100359 |
| Department of Agriculture concerning honeybees, including | 100360 |
| recommendations for the restoration of Ohio's bee population; | 100361 |
| (6) Examine and describe the funding that is available for | 100362 |
| honeybee programs and issues affecting honeybees; | 100363 |
| (7) Any other issues that the Task Force considers | 100364 |
| appropriate. | 100365 |
| (F) Not later than ninety days following the submission of | 100366 |
| the report, the Task Force shall meet and respond to any question | 100367 |
| from a person who received the report. The Task Force shall cease | 100368 |
| to exist upon submitting its response to all questions from | 100369 |
| persons who received the report. | 100370 |
| Section 709.20. There is hereby created the State Clean | 100371 |
| Diesel Funding Task Force consisting of ten members as follows: | 100372 |
| the Director of the Ohio Air Quality Development Authority or the | 100373 |
| director's designee, the Director of Development or the director's | 100374 |
| designee, a representative from the Environmental Protection | 100375 |
| Agency, appointed by the Director of Environmental Protection, a | 100376 |
| representative from the Ohio Department of Transportation, | 100377 |
| appointed by the Director of Transportation, and six members | 100378 |
| appointed by the Governor, including one representative from a | 100379 |
| diesel engine manufacturer, one representative from a statewide | 100380 |
| environmental advocacy organization, one representative of a | 100381 |
| construction equipment dealer as defined in section 1353.01 of the | 100382 |
| Revised Code, one representative from a statewide organization | 100383 |
| representing contractors, one representative from a statewide | 100384 |
| organization representing the trucking industry, and one | 100385 |
| representative from a metropolitan planning organization. The | 100386 |
| Governor shall appoint the appropriate members of the Task Force | 100387 |
| not later than thirty days after the effective date of this | 100388 |
| section. | 100389 |
| The task force shall study methods of funding state clean | 100390 |
| diesel incentive programs and shall issue a report of its | 100391 |
| findings, including a recommendation for a dedicated and stable | 100392 |
| long term funding source for the Diesel Emissions Reduction Grant | 100393 |
| Program, to the General Assembly and the Governor by January 1, | 100394 |
| 2010. Upon issuing the report, the task force shall cease to | 100395 |
| exist. | 100396 |
| Section 739.10. The Department of Insurance shall not | 100397 |
| designate any entities, which have not been designated prior to | 100398 |
| the effective date of this section, to provide investment options | 100399 |
| under alternative retirement plans established by public | 100400 |
| institutions of higher education in accordance with Chapter 3305. | 100401 |
| of the Revised Code pursuant to section 3305.03 of the Revised | 100402 |
| Code until July 1, 2010. | 100403 |
| Section 741.10. PAYROLL REDUCTION STRATEGIES | 100404 |
| Notwithstanding any other provision of law to the contrary, | 100405 |
| the Office of Collective Bargaining of the Department of | 100406 |
| Administrative Services is authorized to negotiate with the | 100407 |
| respective state collective bargaining units various payroll | 100408 |
| reduction strategies through the collective bargaining process | 100409 |
| prior to July 1, 2009, including, but not limited to, reductions | 100410 |
| in pay for fiscal years 2010 and 2011 and an increase in each | 100411 |
| state employee's share of dental, vision, and life insurance | 100412 |
| benefits for those fiscal years. If the Office successfully | 100413 |
| negotiates or reaches alternative payroll reduction strategies | 100414 |
| through the collective bargaining process, those payroll | 100415 |
| reduction strategies shall be implemented. The total amount of | 100416 |
| state employee payroll reduction strategy savings to be | 100417 |
| negotiated or implemented for each of those fiscal years shall be | 100418 |
| between $170,000,000 and $200,000,000, unless otherwise agreed to | 100419 |
| by the Office of Collective Bargaining and the Director of Budget | 100420 |
| and Management. The Director of Budget and Management is | 100421 |
| authorized to transfer cash from non-General Revenue Fund funds | 100422 |
| to the General Revenue Fund to carry out this section. | 100423 |
| Section 745.10. For the time period beginning on the | 100424 |
| effective date of this section and ending June 30, 2010: | 100425 |
| (A) For purposes of Chapter 4505. of the Revised Code, | 100426 |
| "manufactured housing broker" includes a manufactured home broker. | 100427 |
| (B) Notwithstanding division (N) of section 4517.01 of the | 100428 |
| Revised Code, "salesperson" shall include any person employed by a | 100429 |
| manufactured home broker to sell, display, and offer for sale, or | 100430 |
| deal in manufactured homes or mobile homes for a commission, | 100431 |
| compensation, or other valuable consideration, but does not | 100432 |
| include any public officer performing official duties. | 100433 |
| (C)(1) For purposes of section 4517.03 of the Revised Code, | 100434 |
| if a licensed new or used motor vehicle dealer also is a licensed | 100435 |
| manufactured home park operator, all of the following apply: | 100436 |
| (a) An established place of business that is located in the | 100437 |
| operator's manufactured home park and that is used for selling, | 100438 |
| leasing, and renting manufactured homes and mobile homes in that | 100439 |
| manufactured home park shall be considered as used exclusively for | 100440 |
| that purpose even though rent and other activities related to the | 100441 |
| operation of the manufactured home park take place at the same | 100442 |
| location or office. | 100443 |
| (b) The dealer's established place of business in the | 100444 |
| manufactured home park shall be staffed by someone licensed and | 100445 |
| regulated under Chapter 4517. of the Revised Code who could | 100446 |
| reasonably assist any retail customer with or without an | 100447 |
| appointment, but such established place of business shall not be | 100448 |
| required to satisfy office size, display lot size, and physical | 100449 |
| barrier requirements applicable to other used motor vehicle | 100450 |
| dealers. | 100451 |
| (c) The manufactured and mobile homes being offered for sale, | 100452 |
| lease, or rental by the dealer may be located on individual rental | 100453 |
| lots inside the operator's manufactured home park. | 100454 |
| (2) For purposes of section 4517.03 of the Revised Code, a | 100455 |
| place of business used for the brokering or sale of manufactured | 100456 |
| homes or mobile homes shall be considered as used exclusively for | 100457 |
| brokering, selling, displaying, offering for sale, or dealing in | 100458 |
| motor vehicles even though industrialized units, as defined by | 100459 |
| section 3781.06 of the Revised Code, are brokered, sold, | 100460 |
| displayed, offered for sale, or dealt at the same place of | 100461 |
| business. | 100462 |
| (D) Notwithstanding division (B) of section 4517.22 of the | 100463 |
| Revised Code, contracts may be signed, deposits taken, and sales | 100464 |
| consummated at a motor vehicle show at which the motor vehicles | 100465 |
| being displayed are new manufactured homes, as defined in division | 100466 |
| (C)(4) of section 3781.06 of the Revised Code. | 100467 |
| Section 745.20. Notwithstanding section 4781.16 of the | 100468 |
| Revised Code, any person licensed as a new motor vehicle dealer, | 100469 |
| used motor vehicle dealer, manufactured homes broker, or | 100470 |
| salesperson under Chapter 4517. of the Revised Code on June 30, | 100471 |
| 2010, may continue to engage in the business of displaying, | 100472 |
| selling at retail, or brokering manufactured homes or mobile | 100473 |
| homes under the authority of such license until the license | 100474 |
| expires or until the manufactured homes commission issues or | 100475 |
| denies the person a manufactured housing dealer's license, | 100476 |
| manufactured housing broker's license, or manufactured housing | 100477 |
| salesperson's license under Chapter 4781. of the Revised Code, | 100478 |
| whichever occurs earlier. | 100479 |
| Section 745.30. Effective July 1, 2010, the manufactured | 100480 |
| homes commission may suspend or revoke any existing new motor | 100481 |
| vehicle dealer, used motor vehicle dealer, manufactured homes | 100482 |
| broker, or salesperson license issued to a person engaged in the | 100483 |
| business of displaying, selling at retail, or brokering | 100484 |
| manufactured homes or mobile homes, and such action may be | 100485 |
| appealed under section 4781.25 of the Revised Code. | 100486 |
| Section 745.40. Effective July 1, 2010, nothing in sections | 100487 |
| 4517.01 to 4517.99 of the Revised Code shall be construed to apply | 100488 |
| to any of the following: | 100489 |
| (A) Manufactured homes as defined in division (C)(4) of | 100490 |
| section 3781.06 of the Revised Code; | 100491 |
| (B) Mobile homes as defined in division (O) of section | 100492 |
| 4501.01 of the Revised Code; or | 100493 |
| (C) Dealers, brokers or salespersons of manufactured homes or | 100494 |
| mobile homes. | 100495 |
| Section 747.10. (A) The terms of the members of the | 100496 |
| Residential Construction Advisory Committee serving on the | 100497 |
| effective date of section 4740.14 of the Revised Code as amended | 100498 |
| by this act shall expire one hundred eighty days after the | 100499 |
| effective date of section 4740.14 of the Revised Code as amended | 100500 |
| by this act. | 100501 |
| (B) Upon the expiration of the terms of the members of the | 100502 |
| Residential Construction Advisory Committee serving on the | 100503 |
| effective date of section 4740.14 of the Revised Code as amended | 100504 |
| by this act, the members of the Residential Construction Advisory | 100505 |
| Committee shall be appointed as described in section 4740.14 of | 100506 |
| the Revised Code as amended by this act and such members' terms | 100507 |
| shall expire as follows: | 100508 |
| (1) The terms of the members described in divisions (A)(3), | 100509 |
| (A)(6), and one of the members described in division (A)(1) of | 100510 |
| section 4740.14 of the Revised Code as amended by this act shall | 100511 |
| expire on January 1, 2012. | 100512 |
| (2) The terms of the member described in division (A)(4), one | 100513 |
| of the members described in division (A)(1), and one of the | 100514 |
| members described in division (A)(2) of section 4740.14 of the | 100515 |
| Revised Code as amended by this act shall expire on January 1, | 100516 |
| 2013. | 100517 |
| (3) The terms of the member described in division (A)(5), one | 100518 |
| of the members described in division (A)(1), and one of the | 100519 |
| members described in division (A)(2) of section 4740.14 of the | 100520 |
| Revised Code as amended by this act shall expire on January 1, | 100521 |
| 2014. | 100522 |
| (C) The Board of Building Standards shall determine which of | 100523 |
| the members appointed pursuant to division (A)(1) of section | 100524 |
| 4740.14 of the Revised Code as amended by this act will serve the | 100525 |
| term described in division (B)(1), which member will serve the | 100526 |
| term described in division (B)(2), and which member will serve the | 100527 |
| term described in division (B)(3) of this section, and shall | 100528 |
| determine which of the members appointed pursuant to division | 100529 |
| (A)(2) of section 4740.14 of the Revised Code as amended by this | 100530 |
| act will serve the term described in division (B)(2) and which | 100531 |
| member will serve the term described in division (B)(3) of this | 100532 |
| section. | 100533 |
| (D) Upon the expiration of the appointments to the | 100534 |
| Residential Construction Advisory Committee made by division (B) | 100535 |
| of this section, all successive terms shall last for the period | 100536 |
| described in division (C) of section 4740.14 of the Revised Code | 100537 |
| as amended by this act. | 100538 |
| Section 751.10. MEDICAID COMMUNITY BEHAVIORAL HEALTH AND | 100539 |
| ADMINISTRATION ADVISORY GROUP | 100540 |
| (A) As used in this section: | 100541 |
| (1) "ADAMHS board" means all of the following: | 100542 |
| (a) Boards of alcohol, drug addiction, and mental health | 100543 |
| services; | 100544 |
| (b) Alcohol and drug addiction services boards; | 100545 |
| (c) Community mental health boards. | 100546 |
| (2) "Community behavioral health services" means both of the | 100547 |
| following: | 100548 |
| (a) Community mental health services certified by the | 100549 |
| Director of Mental Health under section 5119.611 of the Revised | 100550 |
| Code; | 100551 |
| (b) Services provided by an alcohol and drug addiction | 100552 |
| program certified by the Department of Alcohol and Drug Addiction | 100553 |
| Services under section 3793.06 of the Revised Code. | 100554 |
| (B) There is hereby created the Medicaid Community Behavioral | 100555 |
| Health Administration Advisory Group. The Group shall consist of | 100556 |
| all of the following: | 100557 |
| (1) The Director of Mental Health or the Director's designee; | 100558 |
| (2) The Director of Alcohol and Drug Addiction Services or | 100559 |
| the Director's designee; | 100560 |
| (3) The Director of Job and Family Services or the Director's | 100561 |
| designee; | 100562 |
| (4) Subject to division (C) of this section, representatives | 100563 |
| of ADAMHS boards appointed by the co-chairpersons of the Group; | 100564 |
| (5) Subject to division (C) of this section, representatives | 100565 |
| of providers of community behavioral health services appointed by | 100566 |
| the co-chairpersons of the Group; | 100567 |
| (6) Subject to division (C) of this section, consumers of | 100568 |
| community behavioral health services and advocates of such | 100569 |
| consumers appointed by the co-chairpersons of the Group; | 100570 |
| (7) The following state policy makers: | 100571 |
| (a) At the option of the Speaker of the House of | 100572 |
| Representatives, up to two members of the House of Representatives | 100573 |
| from different political parties appointed by the Speaker of the | 100574 |
| House of Representatives; | 100575 |
| (b) At the option of the President of the Senate, up to two | 100576 |
| members of the Senate from different political parties appointed | 100577 |
| by the President of the Senate; | 100578 |
| (c) Other state policy makers deemed necessary and appointed | 100579 |
| by the co-chairpersons of the Group. | 100580 |
| (C) The Directors of Mental Health and Alcohol and Drug | 100581 |
| Addiction Services, or their designees, shall serve as | 100582 |
| co-chairpersons of the Advisory Group. The co-chairpersons | 100583 |
| shall determine the number of persons to be appointed under | 100584 |
| divisions (B)(4), (5), (6), and (7)(c) of this section. The | 100585 |
| co-chairpersons shall appoint the same number of persons under | 100586 |
| divisions (B)(4), (5), and (6) of this section so as to ensure | 100587 |
| balanced representation by the ADAMHS boards, providers, and | 100588 |
| consumers and consumer advocates. In making appointments under | 100589 |
| divisions (B)(4), (5), and (6) of this section, the | 100590 |
| co-chairpersons shall accept nominations from all of the | 100591 |
| following: | 100592 |
| (1) The Ohio Association of County Behavioral Health | 100593 |
| Authorities; | 100594 |
| (2) The National Alliance on Mental Illness Ohio; | 100595 |
| (3) The Ohio Council of Behavioral Health and Family Services | 100596 |
| Providers; | 100597 |
| (4) The Ohio Association of Child Caring Agencies; | 100598 |
| (5) The Ohio Citizens Advocates for Chemical Dependency | 100599 |
| Prevention and Treatment; | 100600 |
| (6) The Ohio Alliance for Recovery Providers; | 100601 |
| (7) The Ohio Federation for Children's Mental Health; | 100602 |
| (8) Other organizations that represent the interests of | 100603 |
| ADAMHS boards, providers, and consumers and consumer advocates. | 100604 |
| (D) Members of the Advisory Group shall serve without | 100605 |
| compensation, except to the extent that serving on the Group is | 100606 |
| considered part of their regular employment duties. The | 100607 |
| Departments of Mental Health and Alcohol and Drug Addiction | 100608 |
| Services jointly may reimburse members of the Group for their | 100609 |
| reasonable travel expenses. | 100610 |
| (E) The Advisory Group shall study the administration and | 100611 |
| management of Medicaid-covered community behavioral health | 100612 |
| services. Not later than June 30, 2010, the Group shall submit a | 100613 |
| report regarding its study to the Governor and, in accordance | 100614 |
| with section 101.68 of the Revised Code, the General Assembly. | 100615 |
| The report shall include all of the following: | 100616 |
| (1) A plan for the administration and management of | 100617 |
| Medicaid-covered community behavioral health services in | 100618 |
| accordance with federal requirements, including the applicable | 100619 |
| federal requirements of 42 C.F.R. Parts 431 and 433; | 100620 |
| (2) A fiscal analysis of the impact that changing the entity | 100621 |
| that is responsible for paying providers of Medicaid-covered | 100622 |
| community behavioral health services and changing related | 100623 |
| management functions would have on the Departments of Mental | 100624 |
| Health and Alcohol and Drug Addiction Services and ADAMHS | 100625 |
| boards. The fiscal analysis shall include an examination of | 100626 |
| funding options for any such changes and focus on creating the | 100627 |
| most efficient and effective payment system possible. | 100628 |
| (3) Recommendations for increasing efficiencies related to | 100629 |
| all of the following: | 100630 |
| (a) Submission of Medicaid claims for community behavioral | 100631 |
| health services; | 100632 |
| (b) The processing and payment of Medicaid claims for | 100633 |
| community behavorial health services; | 100634 |
| (c) Exchange of information regarding Medicaid-covered | 100635 |
| community behavioral health services and non-Medicaid-covered | 100636 |
| community behavioral health services. | 100637 |
| (4) Recommendations for system changes needed for the | 100638 |
| effective administration and management of the Medicaid-covered | 100639 |
| community behavioral health services. Such recommendations shall | 100640 |
| focus on increasing efficiencies, transparency, and | 100641 |
| accountability in order to improve the delivery of community | 100642 |
| behavioral health services. | 100643 |
| (F) The Advisory Group shall cease to exist on submission | 100644 |
| of its report. | 100645 |
| (G)(1) Subject to division (G)(2) of this section, the | 100646 |
| Departments of Mental Health and Alcohol and Drug Addiction | 100647 |
| Services may implement, in whole or in part, the recommendations | 100648 |
| included in the Advisory Group's report. If the Departments | 100649 |
| implement any of the recommendations, the Departments shall | 100650 |
| implement the recommendations under the supervision of the | 100651 |
| Department of Job and Family Services. | 100652 |
| (2) The Departments' implementation of recommendations under | 100653 |
| division (G)(1) of this section is subject to changes in state | 100654 |
| law, including state law regarding funding, that otherwise would | 100655 |
| conflict with the Departments' implementation of the | 100656 |
| recommendations. The Departments may take actions as part of the | 100657 |
| implementation of the recommendations as are consistent with | 100658 |
| state law. | 100659 |
| Section 751.13. STUDY REGARDING AMOUNT, DURATION, AND SCOPE | 100660 |
| OF COMMUNITY BEHAVIORAL HEALTH SERVICES | 100661 |
| (A) The Directors of Alcohol and Drug Addiction Services, | 100662 |
| Mental Health, and Job and Family Services shall convene a group | 100663 |
| consisting of representatives of all of the following: | 100664 |
| (1) Their departments; | 100665 |
| (2) Boards of alcohol, drug addiction, and mental health | 100666 |
| services; community mental health boards; and alcohol and drug | 100667 |
| addiction services boards; | 100668 |
| (3) Providers of community behavioral health services; | 100669 |
| (4) Consumers of community behavioral health services and | 100670 |
| advocates of such consumers. | 100671 |
| (B) Members of the group convened under this section shall | 100672 |
| serve without compensation, except to the extent that serving on | 100673 |
| the group is considered part of their regular employment duties. | 100674 |
| The group shall develop recommendations regarding the amount, | 100675 |
| duration, and scope of publicly funded community behavioral health | 100676 |
| services that should be available through Ohio's community | 100677 |
| behavioral health system, including recommendations regarding the | 100678 |
| conditions under which the services should be available. The group | 100679 |
| shall prepare a report with its recommendations. The group shall | 100680 |
| submit the report to the Governor and, in accordance with section | 100681 |
| 101.68 of the Revised Code, the General Assembly not later than | 100682 |
| June 30, 2011. The group shall cease to exist on submission of the | 100683 |
| report. | 100684 |
| Section 751.20. SERVICE COORDINATION WORKGROUP | 100685 |
| (A) There is hereby created the Service Coordination | 100686 |
| Workgroup. The Workgroup shall consist of a representative of each | 100687 |
| of the following: | 100688 |
| (1) The Office of the Governor, appointed by the Governor; | 100689 |
| (2) The Department of Alcohol and Drug Addiction Services, | 100690 |
| appointed by the Director of Alcohol and Drug Addiction Services; | 100691 |
| (3) The Department of Education, appointed by the | 100692 |
| Superintendent of Public Instruction; | 100693 |
| (4) The Department of Health, appointed by the Director of | 100694 |
| Health; | 100695 |
| (5) The Department of Job and Family Services, appointed by | 100696 |
| the Director of Job and Family Services; | 100697 |
| (6) The Department of Mental Health, appointed by the | 100698 |
| Director of Mental Health; | 100699 |
| (7) The Department of Mental Retardation and Developmental | 100700 |
| Disabilities, appointed by the Director of Mental Retardation and | 100701 |
| Developmental Disabilities; | 100702 |
| (8) The Department of Youth Services, appointed by the | 100703 |
| Director of Youth Services; | 100704 |
| (9) The Office of Budget and Management, appointed by the | 100705 |
| Director of Budget and Management; | 100706 |
| (10) The Family and Children First Cabinet Council, appointed | 100707 |
| by the chairperson of the Council. | 100708 |
| (B) The representative of the Office of the Governor shall | 100709 |
| serve as chairperson of the Workgroup. | 100710 |
| (C) Members of the Workgroup shall serve without | 100711 |
| compensation, except to the extent that serving on the Workgroup | 100712 |
| is considered part of their regular employment duties. | 100713 |
| (D) The Workgroup shall develop procedures for coordinating | 100714 |
| services that the entities represented on the Workgroup provide to | 100715 |
| individuals under age twenty-one and the families of those | 100716 |
| individuals. In developing the procedures, the Workgroup shall | 100717 |
| focus on maximizing resources, reducing unnecessary costs, | 100718 |
| removing barriers to effective and efficient service coordination, | 100719 |
| eliminating duplicate services, prioritizing high risk | 100720 |
| populations, and any other matters the Workgroup considers | 100721 |
| relevant to service coordination. Not later than July 31, 2009, | 100722 |
| the Workgroup shall submit a report to the Governor with | 100723 |
| recommendations for implementing the procedures. | 100724 |
| (E) The Workgroup shall cease to exist June 30, 2011. | 100725 |
| Section 751.40. The Director of Natural Resources shall | 100726 |
| enter into a memorandum of understanding with Farmers and Hunters | 100727 |
| Feeding the Hungry. The memorandum shall prescribe a method by | 100728 |
| which, during the period from July 1, 2009, through June 30, 2011, | 100729 |
| Farmers and Hunters Feeding the Hungry may donate venison to | 100730 |
| Ohio's food banks. The memorandum also shall prescribe methods | 100731 |
| that encourage private persons to make matching donations in money | 100732 |
| or food to Ohio's food banks that are equal or greater in value to | 100733 |
| the venison that is donated by the Farmers and Hunters Feeding the | 100734 |
| Hungry. | 100735 |
| Section 753.10. (A) The Director of Natural Resources shall | 100736 |
| enter into a memorandum of understanding with the Southeastern | 100737 |
| Ohio Port Authority to develop the future use of the property that | 100738 |
| formerly comprised the Marietta State Nursery. The memorandum | 100739 |
| shall provide for all of the following: | 100740 |
| (1) Sale of the property for highest and best use; | 100741 |
| (2) Sale and usage of the property that is compatible with | 100742 |
| neighboring properties; | 100743 |
| (3) Maximum financial return for the Department of Natural | 100744 |
| Resources; | 100745 |
| (4) Expeditious sale of parcels of the property. | 100746 |
| (B) The memorandum shall require contracted professional | 100747 |
| engineering services to provide both of the following: | 100748 |
| (1) A phase 1 environmental site assessment; | 100749 |
| (2) A master plan for property development, including all of | 100750 |
| the following: | 100751 |
| (a) An inventory of site features and assets; | 100752 |
| (b) Collection of public input through a meeting and comment | 100753 |
| period; | 100754 |
| (c) Identification of site usage areas such as commercial, | 100755 |
| light industrial, residential, recreational use, or green space | 100756 |
| use; | 100757 |
| (d) Lot lines and parcel sizes in concept; | 100758 |
| (e) Means of ingress and egress from State Route 7 and | 100759 |
| interior site access that are delineated in concept, including | 100760 |
| possible eastern access to the site with a rough calculation of | 100761 |
| cut and fill required for the construction of roads; | 100762 |
| (f) Identification of utility services, locations, and | 100763 |
| capacities; | 100764 |
| (g) Plans for compliance with subdivision regulations; | 100765 |
| (h) Recommendations for possible deed restrictions; | 100766 |
| (i) An evaluation of permits that must be obtained and other | 100767 |
| regulatory requirements that must be satisfied for purposes of the | 100768 |
| development of the property; | 100769 |
| (j) Any necessary maps. | 100770 |
| (C) The memorandum shall require the Southeastern Ohio Port | 100771 |
| Authority to do all of the following: | 100772 |
| (1) Manage the formulation of the master plan; | 100773 |
| (2) Create a master plan brochure and sales brochures; | 100774 |
| (3) Market the property by mail, signage, and the web sites | 100775 |
| www.pioneerspirit.us and www.Ohiosites.com; | 100776 |
| (4) Respond to sales leads; | 100777 |
| (5) Screen inquiries regarding the property; | 100778 |
| (6) Negotiate sales based on pricing guidelines established | 100779 |
| by the Department of Natural Resources; | 100780 |
| (7) Present qualified purchase offers to the Department. | 100781 |
| (D) The memorandum shall specify that the Department of | 100782 |
| Natural Resources owns the property, that it may sell the property | 100783 |
| in lots to the Port Authority, and that the Port Authority then | 100784 |
| may sell the lots to individual private buyers. | 100785 |
| (E) The memorandum shall specify that the Department of | 100786 |
| Natural Resources is responsible for paying for the environmental, | 100787 |
| engineering, graphic design, signage, and printing costs as | 100788 |
| invoices for those costs are received. The Department and the Port | 100789 |
| Authority shall agree to a cap for each of those invoices. In | 100790 |
| addition, the memorandum shall specify that as parcels of the | 100791 |
| property are transferred to private buyers, the Port Authority | 100792 |
| retains five per cent of the sale price of each parcel as a fee | 100793 |
| for services provided by the Port Authority. | 100794 |
| Section 753.30. Not later than October 1, 2009, the Director | 100795 |
| of Administrative Services shall prepare and submit a report to | 100796 |
| the Controlling Board that lists all state-owned real property and | 100797 |
| building leases throughout the state. The report shall provide at | 100798 |
| least the following details for each parcel of real property and | 100799 |
| each building lease: the location; the lease holder, if relevant; | 100800 |
| the square footage; and the value. | 100801 |
| Section 753.40. (A) The Governor is hereby authorized to | 100802 |
| execute a deed in the name of the state conveying to Fairfield | 100803 |
| Village Realty, LLC, ("grantee"), an Ohio limited liability | 100804 |
| company, and its successors and assigns, all of the state's right, | 100805 |
| title, and interest in the following described real estate: | 100806 |
| Situated in Section 20, Township 2, Range 2, City of | 100807 |
| Fairfield, County of Butler, State of Ohio, being part of | 100808 |
| Fairfield City Lot No. 483, and being all of that real estate | 100809 |
| conveyed to The Butler County Board of Mental Retardation and | 100810 |
| Developmental Disabilities by deeds recorded in Deed Book 1553, | 100811 |
| Page 549 and Deed Book 1602, Page 538, and part of that real | 100812 |
| estate recorded in Deed Book 1451, Page 248 (all references to | 100813 |
| deeds, microfiche, plats, surveys, etc. refer to the records of | 100814 |
| the Butler County Recorder's Office, unless noted otherwise) and | 100815 |
| being more particularly bounded and described as follows: | 100816 |
| Commencing at the southwest corner of said Section 20; | 100817 |
| Thence North 4º00'00" East, along the west line of said | 100818 |
| Section 20 for a distance of 1138.50 feet to the south line of a | 100819 |
| tract of land conveyed to Cincinnati Financial Corporation by deed | 100820 |
| recorded in Official Record Volume 6544, Page 199; | 100821 |
| Thence North 80º01'34" East, leaving the west line of said | 100822 |
| Section 20 along the south line of said Cincinnati Financial | 100823 |
| Corporation for a distance of 1476.72 feet to the northwest corner | 100824 |
| of a tract of land conveyed to The Butler County Board of Mental | 100825 |
| Retardation and Developmental Disabilities by deed recorded in | 100826 |
| Deed Book 1451, Page 248, also being the TRUE PLACE OF BEGINNING | 100827 |
| for the land herein described; | 100828 |
| Thence North 80º01'34" East, continuing along the south line | 100829 |
| of said Cincinnati Financial Corporation tract for a distance of | 100830 |
| 1215.00 feet to the west line of a tract of land conveyed to | 100831 |
| Cincinnati Financial Corporation by deed recorded in Official | 100832 |
| Record Volume 7039, Page 97; | 100833 |
| Thence South 3º59'06" West, leaving the south line of said | 100834 |
| Cincinnati Financial Corporation tract along the west line of said | 100835 |
| Cincinnati Financial Corporation tract for a distance of 1140.76 | 100836 |
| feet to the northerly line of a tract of land conveyed to | 100837 |
| Cincinnati Mills, LLC by deeds recorded in Official Record Volume | 100838 |
| 9048, Page 5078, Official Record Volume 9494, Page 5461, and | 100839 |
| Official Record Volume 9494, page 5496 (Hamilton County, Ohio | 100840 |
| Recorder's Office), also being in the south line of said Section | 100841 |
| 20 and the corporation line between the City of Fairfield (Butler | 100842 |
| County) and the City of Forest Park (Hamilton County); | 100843 |
| Thence South 80º04'24" West, leaving the west line of said | 100844 |
| Cincinnati Financial Corporation tract along the south line of | 100845 |
| said Section 20 for a distance of 521.77 feet to the easterly line | 100846 |
| of said Cincinnati Mills, LLC tract; | 100847 |
| Thence leaving the south line of said Section 20 along the | 100848 |
| easterly line of said Cincinnati Mills, LLC tract the following | 100849 |
| three (3) courses: | 100850 |
| 1) Along the arc of a curve to the right having a radius of | 100851 |
| 225.00 feet for an arc distance of 260.16 feet, the chord of said | 100852 |
| arc being subtended by a central angle of 66º15'00" and a long | 100853 |
| chord bearing North 66º48'06" West for a distance of 245.91 feet; | 100854 |
| 2) North 33º40'36" West for a distance of 519.55 feet; | 100855 |
| 3) Along the arc of a curve to the left having a radius of | 100856 |
| 250.00 feet for an arc distance of 65.00 feet, the chord of said | 100857 |
| arc being subtended by a central angle of 14º53'52" and a long | 100858 |
| chord bearing North 41 º07'32" West for a distance of 64.82 feet | 100859 |
| to the existing south right-of-way of Kolb Drive; | 100860 |
| Thence leaving the easterly line of said Cincinnati Mills, | 100861 |
| LLC tract along the existing south right-of-way of Kolb Drive the | 100862 |
| following two (2) courses: | 100863 |
| 1) Along the arc of a curve to the left having a radius of | 100864 |
| 50.00 feet for an arc distance of 34.31 feet, the chord of said | 100865 |
| arc being subtended by a central angle of 39º19'01" and a long | 100866 |
| chord bearing North 45º31'41" East for a distance of 33.64 feet; | 100867 |
| 2) North 79º00'00" East for a distance of 10.00 feet to the | 100868 |
| east terminus of Kolb Drive also being in the west line of said | 100869 |
| Butler County Board of Mental Retardation and Developmental | 100870 |
| Disabilities (Deed Book 1451, Page 248). | 100871 |
| Thence North 11 º00'00" West, leaving the existing south | 100872 |
| right-of-way of Kolb Drive along the west of said Butler County | 100873 |
| Board of Mental Retardation and Developmental Disabilities (Deed | 100874 |
| Book 1451, Page 248) for a distance of 421.73 feet to the place of | 100875 |
| beginning and containing 25.349 acres, subject however to all | 100876 |
| covenants, conditions, reservations or easements of record | 100877 |
| contained in any instrument of record to the above described tract | 100878 |
| of land. | 100879 |
| Being all of that real estate conveyed to The Butler County | 100880 |
| Board of Mental Retardation and Developmental Disabilities by | 100881 |
| deeds recorded in Deed Book 1553, Page 549 and Deed Book 1602, | 100882 |
| Page 538, and part of that real estate recorded in Deed Book 1451, | 100883 |
| Page 248 of the Butler County, Ohio Recorder's Office. | 100884 |
| This description was prepared from deeds and plats of record | 100885 |
| with bearings based upon deed recorded in Deed Book 1451, Page 248 | 100886 |
| of the Butler County, Ohio Recorder's Office. | 100887 |
| WOOLPERT, INC., Paul W. Feie, Ohio Registered Surveyor No. | 100888 |
| 6723 | 100889 |
| This legal description may be modified to a final form if | 100890 |
| modifications are needed to meet recordation standards in Butler | 100891 |
| County, Ohio. | 100892 |
| (B)(1) Consideration for conveyance of the real estate | 100893 |
| described in division (A) of this section is $450,000. The | 100894 |
| consideration shall be paid by the grantee to the state at the | 100895 |
| closing according to an executed offer to purchase real estate | 100896 |
| agreement reached between the state, through the Department of | 100897 |
| Administrative Services, and the grantee. | 100898 |
| (2) As additional consideration for conveyance of the real | 100899 |
| estate described in division (A) of this section, grantee and | 100900 |
| Empowering People, Inc., ("EPI"), an Ohio corporation and the | 100901 |
| licensed operator of the facility on the real estate, have | 100902 |
| executed and delivered to the Department of Mental Retardation and | 100903 |
| Developmental Disabilities, a "Cognovit Promissory Purchase Note," | 100904 |
| dated June 30, 2008, for $5,000,000. The grantee and EPI shall be | 100905 |
| entitled to credits against the "Cognovit Promissory Purchase | 100906 |
| Note" for certain completed improvements and development | 100907 |
| obligations defined as the "Improvement Plan" in the "Definitive | 100908 |
| Agreement" dated June 30, 2008, and signed by the grantee and EPI. | 100909 |
| The balance of the "Cognovit Promissory Purchase Note" shall be | 100910 |
| forgiven if the grantee and EPI complete all development | 100911 |
| obligations set forth in the "Definitive Agreement," the | 100912 |
| "Improvement Plan," and the "Cognovit Promissory Purchase Note." | 100913 |
| (C) The real estate described in division (A) of this section | 100914 |
| shall be sold as an entire tract and not in parcels through a | 100915 |
| Governor's Deed. Any personal property or chattels located on the | 100916 |
| real estate shall be transferred to the grantee through a bill of | 100917 |
| sale. | 100918 |
| (D) The Governor's Deed shall contain deed restrictions that | 100919 |
| prohibit, within five years from the date of closing, the grantee | 100920 |
| from transferring the real estate described in division (A) of | 100921 |
| this section to a third party or assigning its interest in the | 100922 |
| real estate to a third party without the prior written approval of | 100923 |
| the Department of Mental Retardation and Developmental | 100924 |
| Disabilities. Prior written approval shall not be required if the | 100925 |
| transfer or assignment is due to the death or disability of the | 100926 |
| grantee's owner. If a transfer or assignment of the real estate | 100927 |
| involves the termination or reduction in the level of services | 100928 |
| provided to individuals with mental retardation and developmental | 100929 |
| disabilities, the Department shall not approve the transfer or | 100930 |
| assignment unless the termination or reduction is otherwise | 100931 |
| required by law, including a judicial proceeding that is not | 100932 |
| caused by any act or omission of the grantee. | 100933 |
| (E) Before the execution of the Governor's Deed as described | 100934 |
| in division (F) of this section, possession of the real estate | 100935 |
| described in division (A) of this section shall be governed by an | 100936 |
| existing interim lease between the Department of Administrative | 100937 |
| Services and the grantee, an operating license between the | 100938 |
| Department of Mental Retardation and Developmental Disabilities | 100939 |
| and EPI, and the "Definitive Agreement" between the grantee, EPI, | 100940 |
| and the Department of Mental Retardation and Developmental | 100941 |
| Disabilities. | 100942 |
| (F) The Auditor of State, with the assistance of the Attorney | 100943 |
| General, shall prepare a Governor's Deed to the real estate | 100944 |
| described in division (A) of this section. The Governor's Deed | 100945 |
| shall state the consideration and the deed restrictions contained | 100946 |
| in division (D) of this section. The deed shall be executed by the | 100947 |
| Governor in the name of the State, countersigned by the Secretary | 100948 |
| of State, sealed with the Great Seal of the State, presented in | 100949 |
| the Office of the Auditor of State for recording, and delivered to | 100950 |
| the grantee. The grantee shall present the Governor's Deed for | 100951 |
| recording in the Office of the Butler County Recorder. | 100952 |
| (G) The grantee shall pay the costs of the conveyance of the | 100953 |
| real estate described in division (A) of this section, including | 100954 |
| recordation costs of the Governor's Deed. | 100955 |
| (H) This section expires two years after its effective date. | 100956 |
| Section 753.50. (A) The Governor is hereby authorized to | 100957 |
| execute a deed in the name of the state conveying to the Jackson | 100958 |
| City Schools Board of Education ("grantee"), its successors and | 100959 |
| assigns, all of the state's right, title, and interest in the | 100960 |
| following described real estate: | 100961 |
| Parcel 1 | 100962 |
| The following described tract is located in part of the Scioto | 100963 |
| Salt Reserve (SSR) Lots 4 and 5, Township 6 North, Range 18 West, | 100964 |
| Franklin Township, Jackson County Ohio. Being part of the State of | 100965 |
| Ohio, Ohio Agricultural Research and Development Center's tract | 100966 |
| two and tract three, as recorded in Volume 209, at Page 648, of | 100967 |
| the Deed Records, Recorder's Office, Jackson County, Ohio and | 100968 |
| being more accurately described as follows: | 100969 |
| Beginning at the intersection of the centerline of the Portsmouth | 100970 |
| Branch of the B&O SW Railroad (Jackson Short Line) and the | 100971 |
| township line between Franklin and Lick Townships, thence South | 100972 |
| 82°18'53" East, along the township line, a distance of 1398.90 | 100973 |
| feet to an iron pin set, said pin being the TRUE POINT OF | 100974 |
| BEGINNING for the herein described tract; | 100975 |
| Thence South 82°18'53" East, continuing along the township line, | 100976 |
| passing an iron pin previously set at the southeast corner of Lick | 100977 |
| Township, SSR Lot 116 at a distance of 41.07 feet, a total | 100978 |
| distance of 215.54 feet to an iron pin set on the west | 100979 |
| right-of-way line of County Home Road (Township Road 707, 40' | 100980 |
| right-of-way), also being a tract of the Board of County | 100981 |
| Commissioners of Jackson County, as recorded in Deed Volume 76, at | 100982 |
| Page 267; | 100983 |
| Thence South 07°11'24" West, along the west right-of-way line of | 100984 |
| County Home road and said Commissioner's tract, a distance of | 100985 |
| 637.87 feet to an iron pin set; | 100986 |
| Thence South 25°23'58" West, through the tract of which this | 100987 |
| description is a part, a distance of 677.82 feet to an iron pin | 100988 |
| set on the north right-of-way line of State Route 93 (right-of-way | 100989 |
| varies) and being the south line of the tract of which this | 100990 |
| description is a part; | 100991 |
| Thence North 64°30'00" West, along the north right-of-way line of | 100992 |
| State Route 93, a distance of 223.70 feet to an iron pin set on | 100993 |
| the east line of the Ohio Department of Transportation's tract as | 100994 |
| recorded in Deed Volume 270, at Page 49; | 100995 |
| Thence along said Ohio Department of Transportation's tract and | 100996 |
| the right-of-way line for state Route 93, the following two (2) | 100997 |
| courses; | 100998 |
| North 25°30'00" East, a distance of 20.00 feet to an iron pin | 100999 |
| set; | 101000 |
| North 61°03'58" West, a distance of 136.45 feet to an iron | 101001 |
| pin set; | 101002 |
| Thence North 23°14'34" East, through the tract of which this | 101003 |
| description is a part, a distance of 1190.21 feet to the point of | 101004 |
| beginning. Containing a total of 9.665 acres, 9.648 acres are | 101005 |
| within Scioto Salt Reserve Lot 4, and 0.017 acres within Scioto | 101006 |
| Salt Reserve Lot 5. All being part of Auditor's Parcel # | 101007 |
| 0050010004500; | 101008 |
| Being subject to all legal right-of-ways and easements. | 101009 |
| All iron pins set for this survey are 5/8" rebar (30" long) with | 101010 |
| i.d. cap stamped "Dana Exline 7060." | 101011 |
| A plat of survey is attached hereto and made a part hereof. This | 101012 |
| description is valid only if the plat is attached and recorded | 101013 |
| with it. | 101014 |
| Bearings for this survey are rotated to ODOT plans JAC 93-13.95 | 101015 |
| recorded in Jackson County Record of Centerline Plats Book 1, Page | 101016 |
| 83. | 101017 |
| The above description was prepared from an actual field survey | 101018 |
| completed on March 08, 2001, by Dana A. Exline, Ohio Professional | 101019 |
| Surveyor #7060. | 101020 |
| Easement | 101021 |
| The following described easement is located in part of the Scioto | 101022 |
| Salt Reserve (SSR) Lots 4 and 5, Township 6 North, Range 18 West, | 101023 |
| Franklin Township, Jackson County Ohio, and being part of the | 101024 |
| State of Ohio, Ohio Agricultural Research and Development Center's | 101025 |
| tract two and three, as recorded in Volume 209, at Page 648, of | 101026 |
| the Deed Records, Recorder's Office, Jackson County, Ohio. Being a | 101027 |
| sixty (60) foot wide easement, with thirty (30) feet on each side | 101028 |
| of the following described centerline: | 101029 |
| Beginning at the intersection of the Portsmouth Branch of the B&O | 101030 |
| SW Railroad (Jackson Short Line) and the township line between | 101031 |
| Franklin and Lick Townships, thence South 82°18'53" East, along | 101032 |
| the township line, a distance of 1398.90 feet to an iron pin set | 101033 |
| for the northwest corner of the 9.665 acre tract this easement | 101034 |
| will serve; thence South 23°14'34" West, along the west line of | 101035 |
| said 9.665 acre tract, a distance of 1048.27 feet to a point, said | 101036 |
| point being the TRUE POINT OF BEGINNING for this easement | 101037 |
| description; | 101038 |
| Thence North 64°30'00" West, through the tract of which this | 101039 |
| description is a part, a distance of 739.98 feet to a point on the | 101040 |
| easterly right-of-way line of the Jackson Short Line Railroad, | 101041 |
| formerly known as the Portsmouth Branch of the B&O SW Railroad, | 101042 |
| said point being the terminus of this easement description. | 101043 |
| All iron pins set for this survey are 5/8" rebar (30" long) with | 101044 |
| i.d. cap stamped "Dana Exline 7060." | 101045 |
| A plat of survey is attached hereto and made a part hereof. This | 101046 |
| description is valid only if the plat is attached and recorded | 101047 |
| with it. | 101048 |
| Bearings for this survey are rotated to ODOT plans JAC 93-13.95 | 101049 |
| recorded in Jackson County Record of Centerline Plats Book 1, Page | 101050 |
| 83. | 101051 |
| The above description was prepared from an actual field survey | 101052 |
| completed on March 08, 2001, by Dana A. Exline, Ohio Professional | 101053 |
| Surveyor #7060. | 101054 |
| Parcel 2 | 101055 |
| The following described tract is located in part of the Scioto | 101056 |
| Salt Reserve (SSR) Lot 4, Township 6 North, Range 18 West, | 101057 |
| Franklin Township, Jackson County Ohio. Being part of the State of | 101058 |
| Ohio, Ohio Agricultural Research and Development Center's tract | 101059 |
| two as recorded in Volume 209, at Page 648, of the Deed Records, | 101060 |
| Recorder's Office, Jackson County, Ohio and being more accurately | 101061 |
| described as follows: | 101062 |
| Beginning at the intersection of the centerline of the Portsmouth | 101063 |
| Branch of the B&O SW Railroad (Jackson Short Line) and the | 101064 |
| township line between Franklin and Lick townships, thence South | 101065 |
| 82°18'53" East, along the township line, a distance of 1654.44 | 101066 |
| feet to an iron pin set on the east right-of-way line of County | 101067 |
| Home Road (Township Road 707, 40' right-of-way) also being a tract | 101068 |
| of the Board of County Commissioners of Jackson County, as | 101069 |
| recorded in Deed Volume 76, at page 267, said pin being the TRUE | 101070 |
| POINT OF BEGINNING for the herein described tract; | 101071 |
| Thence South 82°18'53" East, continuing along the township line, a | 101072 |
| distance of 353.70 feet to an iron pin set; | 101073 |
| Thence South 38°54'57" West, through the tract of which this | 101074 |
| description is a part, a distance of 672.60 feet to an iron pin | 101075 |
| set on the east right-of-way line of County Home Road and said | 101076 |
| Commissioner's tract; | 101077 |
| Thence North 07°11'24" East, along the east right-of-way line of | 101078 |
| County Home Road, a distance of 575.15 feet to the point of | 101079 |
| beginning. Containing a total of 2.335 acres. Being part of | 101080 |
| Auditor's Parcel # 0050010004500; | 101081 |
| Being subject to all legal right-of-ways and easements. | 101082 |
| All iron pins set for this survey are 5/8" rebar (30" long) with | 101083 |
| i.d. cap stamped "Dana Exline 7060." | 101084 |
| A plat of survey is attached hereto and made a part hereof. This | 101085 |
| description is valid only if the plat is attached and recorded | 101086 |
| with it. | 101087 |
| Bearings for this survey are rotated to ODOT plans JAC 93-13.95 | 101088 |
| recorded in Jackson County Record of Centerline Plats Book 1, Page | 101089 |
| 83. | 101090 |
| The above description was prepared from an actual field survey | 101091 |
| completed on March 08, 2001, by Dana A. Exline, Ohio Professional | 101092 |
| Surveyor #7060. | 101093 |
| (B) Consideration for conveyance of the real estate is the | 101094 |
| conveyance from the grantee to the state, its successors and | 101095 |
| assigns, of the following described real estate: | 101096 |
| The following described tract is located in part of the Scioto | 101097 |
| Salt Reserve (SSR) Lots 117 and 118, Township 7 North, Range 18 | 101098 |
| West, Lick Township, Jackson County Ohio, and being part of the | 101099 |
| Jackson City Schools, Board of Education's 24.118 acre tract, as | 101100 |
| recorded in Volume 330, at Page 333, of the Deed Records, | 101101 |
| Recorder's Office, Jackson County, Ohio and being more accurately | 101102 |
| described as follows: | 101103 |
| Beginning at the intersection of the centerline of the Portsmouth | 101104 |
| Branch of the B&O SW Railroad (Jackson Short Line) and the | 101105 |
| township line between Lick and Franklin Townships, thence South | 101106 |
| 82°18'53" East, along the township line, passing an iron pin set | 101107 |
| at the southwest corner of SSR Lot 117 at 1439.97 feet, a total | 101108 |
| distance of 2112.86 feet to an iron pin set and being the TRUE | 101109 |
| POINT OF BEGINNING for the herein described tract; | 101110 |
| Thence North 05°33'28" East, through the tract of which this | 101111 |
| description is a part, a distance of 735.22 feet to an iron pin | 101112 |
| set on the north line of the 24.118 acre tract; | 101113 |
| Thence South 82°15'00" East, along the north line of the tract of | 101114 |
| which this description is a part, a distance of 659.26 feet to an | 101115 |
| iron pin previously set on the west line of a twenty foot wide | 101116 |
| ingress-egress easement for the Jackson County Home Cemetery; | 101117 |
| Thence South 07°08'47" West, along an easterly line of the tract | 101118 |
| of which this description is a part, a distance of 308.00 feet to | 101119 |
| an iron pin previously set; | 101120 |
| Thence South 82°18'53" East, along a boundary line of the tract of | 101121 |
| which this description is a part passing into SSR Lot 118 at 20.00 | 101122 |
| ft, a total distance of 108.20 feet to an iron pin previously set; | 101123 |
| Thence South 07°08'47" West, along an easterly line of the tract | 101124 |
| of which this description is a part, a distance of 426.00 feet to | 101125 |
| an iron pin previously set on the township line between Lick and | 101126 |
| Franklin Townships; | 101127 |
| Thence North 82°18'53" West, along the township line passing an | 101128 |
| iron pin previously set for the southeast corner of SSR Lot 117 at | 101129 |
| 88.20 feet, a total distance of 747.07 feet to the point of | 101130 |
| beginning. Containing a total of 12.000 acres. 11.137 acres are | 101131 |
| within Scioto Salt Reserve Lot 117, and 0.863 acres are within | 101132 |
| Scioto Salt Reserve Lot 118. All being part of Auditor's Parcel # | 101133 |
| H120060025401; | 101134 |
| Being subject to all legal right-of-ways and easements. | 101135 |
| All iron pins set for this survey are 5/8" rebar (30" long) with | 101136 |
| i.d. cap stamped "Dana Exline 7060." | 101137 |
| A plat of survey is attached hereto and made a part hereof. This | 101138 |
| description is valid only if the plat is attached and recorded | 101139 |
| with it. | 101140 |
| Bearings for this survey are rotated to ODOT plans JAC 93-13.95 | 101141 |
| recorded in Jackson County Record of Centerline Plats Book 1, Page | 101142 |
| 83. | 101143 |
| The above description was prepared from an actual field survey | 101144 |
| completed on March 08, 2001 by Dana A. Exline, Ohio Professional | 101145 |
| Surveyor #7060. | 101146 |
| (C) The grantee shall pay the costs of the conveyance. | 101147 |
| (D) Upon the conveyance to the state of the real estate | 101148 |
| described in division (B) of this Section, the Auditor of State, | 101149 |
| with the assistance of the Attorney General, shall prepare a deed | 101150 |
| to the real estate described in division (A) of this Section. The | 101151 |
| deed shall state the consideration. The deed shall be executed by | 101152 |
| the Governor in the name of the state, countersigned by the | 101153 |
| Secretary of State, sealed with the Great Seal of the State, | 101154 |
| presented in the Office of the Auditor of State for recording, | 101155 |
| and delivered to the grantee. The grantee shall present the deed | 101156 |
| for recording in the Office of the Jackson County Recorder. | 101157 |
| (E) This Section expires one year after its effective date. | 101158 |
| Section 755.10. AMISH TRANSPORTATION STUDY | 101159 |
| The Director of Transportation shall conduct an Amish | 101160 |
| Transportation Study in Burton Township, Geauga County. | 101161 |
| The study shall: | 101162 |
| (1) Identify the major problems involving the integration of | 101163 |
| Amish transportation into the existing motor vehicle | 101164 |
| transportation system; | 101165 |
| (2) Evaluate the existing transportation network, including | 101166 |
| horse and buggy and foot traffic routes within Burton Township, | 101167 |
| and quantify the effectiveness of those routes for transporting | 101168 |
| persons and commodities; | 101169 |
| (3) Include a study of the indigenous Amish population within | 101170 |
| Burton Township; | 101171 |
| (4) Identify potential bypass routes for alternate types of | 101172 |
| traffic to reduce alternate traffic reliance on existing public | 101173 |
| transportation routes; and | 101174 |
| (5) List recommendations for future public roadway | 101175 |
| improvement projects to improve the safety for alternate types of | 101176 |
| traffic, such as horse and buggy and persons walking on foot, as | 101177 |
| well as for motor vehicle traffic. | 101178 |
| Section 757.10. (A) This section is intended as remedial | 101179 |
| legislation authorizing the exemption of airport property for | 101180 |
| which a port authority applied for tax exemption, but was denied | 101181 |
| because the applicant was a lessee and not the owner of the | 101182 |
| property, as required under section 5715.27 of the Revised Code as | 101183 |
| that section existed before its amendment by Sub. H.B. 160 of the | 101184 |
| 127th General Assembly. | 101185 |
| (B) As used in this section: | 101186 |
| (1) "Eligible year" means any year for which taxes, | 101187 |
| penalties, and interest could have been remitted or abated, and | 101188 |
| the property placed on the exempt tax list, under a previous | 101189 |
| application for exemption if the application had not been | 101190 |
| dismissed as provided under division (A) of this section. | 101191 |
| (2) "Qualified property" means real property owned by a | 101192 |
| subdivision of this state, leased to a port authority created | 101193 |
| under Chapter 4582. of the Revised Code, and used as an airport, | 101194 |
| and that currently qualifies for exemption from taxation under any | 101195 |
| section of the Revised Code, but for which the application for | 101196 |
| exemption for an eligible year was dismissed by the Tax | 101197 |
| Commissioner as provided in division (A) of this section. | 101198 |
| (3) "Subdivision," "taxing authority," and "taxing unit" have | 101199 |
| the same meanings as in section 5705.01 of the Revised Code. | 101200 |
| (C) Notwithstanding section 5713.081 of the Revised Code, if | 101201 |
| an application for exemption from and abatement or remission of | 101202 |
| property taxes for qualified property was dismissed because of | 101203 |
| failure to comply with Chapter 5713., or section 5715.27 of the | 101204 |
| Revised Code as that section existed before its amendment by Sub. | 101205 |
| H.B. 160 of the 127th General Assembly, the current owner of | 101206 |
| qualified property, on or before January 1, 2010, may file with | 101207 |
| the Tax Commissioner an application requesting that the property | 101208 |
| be placed on the exempt tax list and that all paid or unpaid | 101209 |
| taxes, penalties, and interest on the property be abated or | 101210 |
| remitted, as appropriate, for each eligible year. The application | 101211 |
| shall be filed on the form prescribed by the Commissioner under | 101212 |
| section 5715.27 of the Revised Code. The owner shall include with | 101213 |
| the application a copy of the Commissioner's final determination | 101214 |
| dismissing the previous application and the certificate issued by | 101215 |
| the county treasurer under division (F) of this section. Failure | 101216 |
| to include the Commissioner's final determination that dismissed | 101217 |
| the previous application for exemption or the treasurer's | 101218 |
| certificate shall result in dismissal of the application filed | 101219 |
| under this section. | 101220 |
| (D) Upon receiving an application under this section, the Tax | 101221 |
| Commissioner shall determine if the applicant and the applicant's | 101222 |
| property satisfy the requirements for exemption, abatement, and | 101223 |
| remission under this section. If the requirements are satisfied, | 101224 |
| the Commissioner shall issue an order directing the auditor to | 101225 |
| place the property on the exempt tax list of the county and | 101226 |
| ordering that all paid or unpaid taxes, penalties, and interest be | 101227 |
| abated or remitted for every eligible year the property was | 101228 |
| qualified property. If the Commissioner determines that the | 101229 |
| property does not satisfy the requirements for exemption for one | 101230 |
| or more years, the Commissioner shall deny the application for | 101231 |
| those years and certify the finding to the county treasurer of the | 101232 |
| county in which the property is located for collection of all | 101233 |
| taxes, penalties, and interest and distribution thereof to the | 101234 |
| appropriate subdivisions. Tax payments for eligible years shall | 101235 |
| not be considered unpaid taxes for purposes of establishing | 101236 |
| jurisdiction to consider an application under this section. | 101237 |
| (E) The county auditor shall notify the county treasurer that | 101238 |
| any tax payments for eligible years that have not been distributed | 101239 |
| shall be held in a special fund pending a decision by the Tax | 101240 |
| Commissioner on an application filed under this section. No | 101241 |
| subdivision or other taxing unit is entitled to advance payment of | 101242 |
| such amounts under section 321.34 of the Revised Code. After the | 101243 |
| Commissioner issues a decision, the county auditor shall either | 101244 |
| remit the taxes, penalties, and interest to the applicant if the | 101245 |
| application is approved or distribute the taxes, penalties, and | 101246 |
| interest to the proper taxing authorities if the application for | 101247 |
| exemption is denied. | 101248 |
| (F) Upon request by the applicant, the county treasurer shall | 101249 |
| determine whether all taxes, penalties, and interest that were | 101250 |
| levied for all tax years that are not eligible years and whether | 101251 |
| all special assessments charged against the property have been | 101252 |
| paid in full. If so, the treasurer shall issue a certificate to | 101253 |
| the applicant stating that all such amounts have been paid, or, if | 101254 |
| not, the certificate shall list the tax years for which such | 101255 |
| taxes, penalties, interest, and special assessments remain unpaid. | 101256 |
| Section 759.10. Notwithstanding division (B)(1) of section | 101257 |
| 5919.34 of the Revised Code, the number of participants in the | 101258 |
| Ohio National Guard Scholarship Program for the summer term | 101259 |
| occurring in the year 2009 shall be limited to the equivalent of | 101260 |
| one thousand two hundred full-time participants. | 101261 |
| Section 801.10. As used in the uncodified law of this act, | 101262 |
| "American Recovery and Reinvestment Act of 2009" means the | 101263 |
| "American Recovery and Reinvestment Act of 2009," Pub. L. No. | 101264 |
| 111-5, 123 Stat. 115. | 101265 |
| Section 803.20. Section 718.04 of the Revised Code, as | 101266 |
| amended by this act, first applies to taxable years beginning on | 101267 |
| or after January 1, 2010. | 101268 |
| The amendment by this act of section 5725.151 of the Revised | 101269 |
| Code applies to any credit claimed under that section on or after | 101270 |
| the effective date of this amendment. | 101271 |
| Section 5747.113 of the Revised Code, as amended by this | 101272 |
| act, first applies to taxable years beginning on or after January | 101273 |
| 1, 2009. | 101274 |
| The amendment by this act of section 5747.76 of the Revised | 101275 |
| Code applies to taxable years ending on or after the effective | 101276 |
| date of this amendment. | 101277 |
| Section 803.30. In anticipation of the amendments to section | 101278 |
| 124.134 of the Revised Code taking effect on August 30, 2009, the | 101279 |
| Director of Administrative Services shall determine an additional, | 101280 |
| prorated amount of vacation leave for employees who are in their | 101281 |
| fourth, ninth, fourteenth, nineteenth, or twenty-fourth year of | 101282 |
| service to receive as a result of the transition occurring on that | 101283 |
| date. The additional, prorated amount shall be such that the | 101284 |
| affected employees are not harmed as a result of the transition, | 101285 |
| and shall be added to the vacation leave balances of the affected | 101286 |
| employees on August 30, 2009. | 101287 |
| Section 803.40. Notwithstanding division (B) of section | 101288 |
| 4763.06 of the Revised Code, a certificate holder, registrant, or | 101289 |
| licensee whose certificate, registration, or license expired on or | 101290 |
| after October 1, 2008, may, up and until the effective date of | 101291 |
| section 4763.06 of the Revised Code as amended by this act, renew | 101292 |
| the certificate, registration, or license without having to comply | 101293 |
| also with section 4763.05 of the Revised Code by payment of all | 101294 |
| fees for renewal and payment of the late filing fee set forth in | 101295 |
| section 4763.09 of the Revised Code. Such a certificate holder, | 101296 |
| registrant, or licensee may not engage in any activities permitted | 101297 |
| by the certification, registration, or license being renewed | 101298 |
| during the period following the certificate's, registration's, or | 101299 |
| license's normal expiration date until all renewal fees and the | 101300 |
| late filing fee have been paid. | 101301 |
| Section 803.50. The amendment by this act of section 5727.811 | 101302 |
| of the Revised Code applies to the measurement period that | 101303 |
| includes the effective date of that section and ensuing | 101304 |
| measurement periods. | 101305 |
| Section 803.60. The amendment of section 105.41 of the | 101306 |
| Revised Code by this act does not abrogate any collective | 101307 |
| bargaining agreement, for the duration of the agreement, that | 101308 |
| applies to employees of the Capitol Square Review and Advisory | 101309 |
| Board and that was entered into under Chapter 4117. of the Revised | 101310 |
| Code before the effective date of that amendment. | 101311 |
| Section 806.10. The items of law contained in this act, and | 101312 |
| their applications, are severable. If any item of law contained in | 101313 |
| this act, or if any application of any item of law contained in | 101314 |
| this act, is held invalid, the invalidity does not affect other | 101315 |
| items of law contained in this act and their applications that | 101316 |
| can be given effect without the invalid item of law or | 101317 |
| application. | 101318 |
| Section 809.10. An item of law, other than an amending, | 101319 |
| enacting, or repealing clause, that composes the whole or part of | 101320 |
| an uncodified section contained in this act has no effect after | 101321 |
| June 30, 2011, unless its context clearly indicates otherwise. | 101322 |
| Section 812.10. Except as otherwise provided in this act, | 101323 |
| the amendment, enactment, or repeal by this act of a section is | 101324 |
| subject to the referendum under Ohio Constitution, Article II, | 101325 |
| Section 1c and therefore takes effect on the ninety-first day | 101326 |
| after this act is filed with the Secretary of State or, if a later | 101327 |
| effective date is specified below, on that date. | 101328 |
| The amendments by this act to section 3901.381 of the | 101329 |
| Revised Code take effect ninety days after the effective date | 101330 |
| specified in the first paragraph of this section. | 101331 |
| The amendments by this act to sections 173.99, 2921.13, | 101332 |
| 3733.02, and 4781.06 of the Revised Code take effect January 1, | 101333 |
| 2010. | 101334 |
| The amendment, enactment, or repeal by this act of sections | 101335 |
| 4505.20, 4517.01, 4517.02, 4517.03, 4517.052, 4517.27, 4517.30, | 101336 |
| 4517.33, 4517.43, 4781.02, 4781.04, 4781.05, 4781.16, 4781.17, | 101337 |
| 4781.18, 4781.19, 4781.20, 4781.21, 4781.22, 4781.23, 4781.24, | 101338 |
| 4781.25, and 4781.99 of the Revised Code takes effect July 1, | 101339 |
| 2010. | 101340 |
| The amendment of sections 5743.15 and 5743.61 of the Revised | 101341 |
| Code takes effect January 1, 2010. | 101342 |
| The enactment of section 3903.77 of the Revised Code takes | 101343 |
| effect one year after the effective date specified in the first | 101344 |
| paragraph of this section. | 101345 |
| The repeal of sections 173.71, 173.72, 173.721, 173.722, | 101346 |
| 173.723, 173.724, 173.73, 173.731, 173.732, 173.74, 173.741, | 101347 |
| 173.742, 173.75, 173.751, 173.752, 173.753, 173.76, 173.77, | 101348 |
| 173.771, 173.772, 173.773, 173.78, 173.79, 173.791, 173.80, | 101349 |
| 173.801, 173.802, 173.803, 173.81, 173.811, 173.812, 173.813, | 101350 |
| 173.814, 173.815, 173.82, 173.83, 173.831, 173.832, 173.833, | 101351 |
| 173.84, 173.85, 173.86, 173.861, 173.87, 173.871, 173.872, | 101352 |
| 173.873, 173.874, 173.875, 173.876, 173.88, 173.89, 173.891, | 101353 |
| 173.892, 173.90, and 173.91 of the Revised Code takes effect | 101354 |
| January 1, 2010. | 101355 |
| Sections 803.10 and 803.20 of this act take effect January 1, | 101356 |
| 2010. | 101357 |
| The repeal by this act of sections 119.031 and 121.24 of the | 101358 |
| Revised Code takes effect January 1, 2010. | 101359 |
| Section 812.20. The amendment, enactment, or repeal by this | 101360 |
| act of the sections listed below is exempt from the referendum | 101361 |
| because it is or relates to an appropriation for current expenses | 101362 |
| within the meaning of Ohio Constitution, Article II, Section 1d | 101363 |
| and section 1.471 of the Revised Code, or defines a tax levy | 101364 |
| within the meaning of Ohio Constitution, Article II, Section 1d, | 101365 |
| and therefore takes effect immediately when this act becomes law | 101366 |
| or, if a later effective date is specified below, on that date. | 101367 |
| Sections 103.24, 121.40, 121.401, 121.402, 124.03, 124.15, | 101368 |
| 124.152, 124.18, 124.183, 124.34, 124.381, 124.382, 124.385, | 101369 |
| 124.386, 124.392, 124.393, 124.821, 124.822, 124.86, 126.05, | 101370 |
| 131.33, 145.298, 303.213, 307.79, 319.301, 319.302, 319.54, | 101371 |
| 321.24, 323.156, 504.21, 901.20, 903.082, 903.11, 903.25, 905.32, | 101372 |
| 905.33, 905.331, 905.36, 905.38, 905.381, 905.50, 905.51, 905.52, | 101373 |
| 905.56, 905.66, 907.13, 907.14, 907.16, 907.30, 907.31, 921.02, | 101374 |
| 921.06, 921.09, 921.11, 921.13, 921.16, 921.22, 921.27, 921.29, | 101375 |
| 923.44, 923.46, 927.51, 927.52, 927.53, 927.54, 927.56, 927.69, | 101376 |
| 927.70, 927.701, 927.71, 927.74, 1501.01, 1501.05, 1501.07, | 101377 |
| 1501.30, 1504.01, 1504.02, 1504.03, 1504.04, 1506.01, 1507.01, | 101378 |
| 1511.01, 1511.02, 1511.021, 1511.022, 1511.03, 1511.04, 1511.05, | 101379 |
| 1511.06, 1511.07, 1511.071, 1511.08, 1514.08, 1514.13, 1515.08, | 101380 |
| 1515.14, 1515.183, 1519.03, 1520.02, 1520.03, 1521.02, 1521.03, | 101381 |
| 1521.031, 1521.04, 1521.061, 1521.062, 1521.064, 1521.07, | 101382 |
| 1521.10, 1521.11, 1521.12, 1521.13, 1521.14, 1521.15, 1521.16, | 101383 |
| 1521.18, 1521.19, 1523.01, 1523.02, 1523.03, 1523.04, 1523.05, | 101384 |
| 1523.06, 1523.07, 1523.08, 1523.09, 1523.10, 1523.11, 1523.12, | 101385 |
| 1523.13, 1523.14, 1523.15, 1523.16, 1523.17, 1523.18, 1523.19, | 101386 |
| 1523.20, 1541.03, 3301.07, 3301.122, 3301.163, 3301.164, 3301.95, | 101387 |
| 3311.0510, 3313.64, 3313.642, 3313.843, 3314.028, 3314.08, | 101388 |
| 3314.35, 3317.01, 3317.013, 3317.02, 3317.021, 3317.022, | 101389 |
| 3317.03, 3317.063, 3333.04, 3333.122, 3333.27, 3333.28, 3333.61, | 101390 |
| 3333.62, 3333.66, 3333.91, 3704.14, 3704.143, 3712.03, 3714.073, | 101391 |
| 3718.03, 3901.3812, 3923.90, 3923.91, 4117.02, 4117.12, 4117.24, | 101392 |
| 4501.29, 4503.068, 4503.10, 4505.06, 5101.073, 5111.21, | 101393 |
| 5111.5211, 5111.65, 5111.651, 5111.688, 5111.689, 5111.874, | 101394 |
| 5111.875, 5112.40, 5112.41, 5112.42, 5112.43, 5112.44, 5112.45, | 101395 |
| 5112.451, 5112.46, 5112.47, 5112.48, 5123.0412, 5123.19, | 101396 |
| 5123.193, 5703.80, 5725.18, 5727.84, 5729.03, 5739.01, 5739.011, | 101397 |
| 5739.03, 5739.033, 5739.051, and 6111.044 of the Revised Code. | 101398 |
| The amendment by this act to section 124.134 of the Revised | 101399 |
| Code takes effect on August 30, 2009. | 101400 |
| The amendment or enactment of sections 3721.02, 3721.50, | 101401 |
| 3721.51, 3721.511, 3721.512, 3721.513, 3721.53, 3721.55, | 101402 |
| 3721.56, 4301.43, 4503.182, 4507.23, 5111.222, 5111.231, 5111.24, | 101403 |
| 5111.25, 5112.30, 5112.31, 5112.37, 5112.371, and 5112.372 of | 101404 |
| the Revised Code takes effect July 1, 2009. | 101405 |
| The amendment by this act to section 2921.13 of the Revised | 101406 |
| Code takes effect January 1, 2010. | 101407 |
| The repeal of sections 5112.40, 5112.41, 5112.42, 5112.43, | 101408 |
| 5112.44, 5112.45, 5112.451, 5112.46, 5112.47, and 5112.48 of the | 101409 |
| Revised Code takes effect October 1, 2011. | 101410 |
| Sections of this act prefixed with section numbers in the | 101411 |
| 200's, 300's, 400's, 500's, 700's, and 800's, except for Sections | 101412 |
| 207.10.90, 241.20, 265.60.60, 265.70.20, 265.70.90, 309.40.20, | 101413 |
| 309.50.30, 313.20, 371.60.20, 399.20, 512.40, 523.10, 701.20, and | 101414 |
| 751.10 of this act. | 101415 |
| The amendment of Sections 120.01, 120.02, and 120.05 of Am. | 101416 |
| Sub. H.B. 119 of the 127th General Assembly takes effect July 1, | 101417 |
| 2009. | 101418 |
| The amendment of Section 153 of Am. Sub. H.B. 117 of the | 101419 |
| 121st General Assembly. | 101420 |
| Sections 309.30.20, 309.30.30, 309.30.40, 309.30.50, | 101421 |
| 309.30.60, and 309.30.70 of this act take effect July 1, 2009. | 101422 |
| Section 812.30. The sections that are listed in the | 101423 |
| left-hand column of the following table combine amendments by this | 101424 |
| act that are and that are not exempt from the referendum under | 101425 |
| Ohio Constitution, Article II, Sections 1c and 1d and section | 101426 |
| 1.471 of the Revised Code. | 101427 |
| The middle column identifies the amendments to the listed | 101428 |
| sections that are subject to the referendum under Ohio | 101429 |
| Constitution, Article II, Section 1c and therefore take effect on | 101430 |
| the ninety-first day after this act is filed with the Secretary of | 101431 |
| State or, if a later effective date is specified, on that date. | 101432 |
| The right-hand column identifies the amendments to the listed | 101433 |
| sections that are exempt from the referendum because they are or | 101434 |
| relate to an appropriation for current expenses within the meaning | 101435 |
| of Ohio Constitution, Article II, Section 1d and section 1.471 of | 101436 |
| the Revised Code, or define a tax levy within the meaning of Ohio | 101437 |
| Constitution, Article II, Section 1d, and therefore take effect | 101438 |
| immediately when this act becomes law or, if a later effective | 101439 |
| date is specified, on that date. | 101440 |
| Section of law | Amendments subject to referendum | Amendments exempt from referendum | 101441 | |||
| 121.04 | All amendments except those described in the right-hand column | The amendment striking "Water;" the amendment replacing "conservation" with "resources"; and the amendment striking "Real estate and land management;" | 101442 | |||
| 1521.05 | All amendments except those described in the right-hand column | The amendments to division (B) | 101443 | |||
| 1521.06 | All amendments except those described in the right-hand column | The amendments to division (A) | 101444 | |||
| 1521.063 | All amendments except those described in the right-hand column | The amendments to divisions (A) and (A)(1) replacing "division of water" with "division of soil and water resources" | 101445 | |||
| 3314.03 | All amendments except the amendments to divisions (A)(8), (A)(15), and (A)(23) | Amendments to divisions (A)(8), (A)(15), and (A)(23) | 101446 | |||
| 3315.37 | All amendments except the amendment described in the right-hand column | The amendment to the fourth paragraph that strikes through "3333.27," | 101447 | |||
| 3317.01 | Division (B) | All amendments except those in division (B) | 101448 | |||
| 3333.38 | All amendments except the amendment described in the right-hand column | The amendment to division (A)(2) that strikes through "3333.27," | 101449 | |||
| 3345.32 | All amendments except the amendment described in the right-hand column | The amendment to division (D) that strikes through "3333.27," | 101450 | |||
| 3734.57 | The amendment to division (A) authorizing electronic payment of solid waste disposal fees | All other amendments to division (A) | 101451 | |||
| 4117.01 | All amendments except those described in the right-hand column | The amendment to division (C)(5), the amendment striking the language from division (C)(15), and the amendments adjusting the division numbering in divisions (C)(16) and (17) | 101452 | |||
| 5751.20 | All amendments except those described in the right-hand column | The amendments to division (B), effective July 1, 2009 | 101453 |
| Section 812.40. The amendment by this act to section 127.16 | 101454 |
| of the Revised Code is subject to the referendum. The amendment | 101455 |
| to division (D)(34) takes effect on the ninety-first day after | 101456 |
| this act is filed with the Secretary of State, and the amendment | 101457 |
| striking through division (B)(35) and renumbering division (B)(36) | 101458 |
| as division (B)(35) takes effect on January 1, 2010. | 101459 |
| Section 815.10. The General Assembly, applying the principle | 101460 |
| stated in division (B) of section 1.52 of the Revised Code that | 101461 |
| amendments are to be harmonized if reasonably capable of | 101462 |
| simultaneous operation, finds that the following sections, | 101463 |
| presented in this act as composites of the sections as amended by | 101464 |
| the acts indicated, are the resulting versions of the sections in | 101465 |
| effect prior to the effective date of the sections as presented in | 101466 |
| this act: | 101467 |
| Section 9.314 of the Revised Code as amended by Am. Sub. | 101468 |
| H.B. 106 and Sub. H.B. 204, both of the 125th General Assembly. | 101469 |
| Section 109.57 of the Revised Code as amended by both Sub. | 101470 |
| H.B. 428 and Sub. S.B. 163 of the 127th General Assembly. | 101471 |
| Section 109.572 of the Revised Code as amended by Sub. H.B. | 101472 |
| 195, Sub. H.B. 545, and Sub. S.B. 247, all of the 127th General | 101473 |
| Assembly. | 101474 |
| Section 109.77 of the Revised Code as amended by Am. Sub. | 101475 |
| H.B. 490, Sub. H.B. 545, and H.B. 675, all of the 124th General | 101476 |
| Assembly. | 101477 |
| Section 121.37 of the Revised Code as amended by both Sub. | 101478 |
| H.B. 289 and Am. Sub. H.B. 530 of the 126th General Assembly. | 101479 |
| Section 122.075 of the Revised Code as amended by Sub. H.B. | 101480 |
| 245 and Sub. H.B. 251, both of the 126th General Assembly. | 101481 |
| Section 149.43 of the Revised Code as amended by Am. Sub. | 101482 |
| H.B. 214 and Am. Sub. S.B. 248, both of the 127th General | 101483 |
| Assembly. | 101484 |
| Section 1511.01 of the Revised Code as amended by Am. Sub. | 101485 |
| S.B. 73 and Am. Sub. S.B. 182, both of the 120th General Assembly. | 101486 |
| Section 1520.02 of the Revised Code as amended by Sub. H.B. | 101487 |
| 443 and Am. Sub. H.B. 699, both of the 126th General Assembly. | 101488 |
| Section 2913.46 of the Revised Code as amended by Am. Sub. | 101489 |
| S.B. 107, Am. Sub. S.B. 269, and Am. Sub. S.B. 293, all of the | 101490 |
| 121st General Assembly. | 101491 |
| Section 2921.51 of the Revised Code as amended by Sub. H.B. | 101492 |
| 259 and Sub. S.B. 281, both of the 126th General Assembly. | 101493 |
| Section 3313.64 of the Revised Code as amended by Am. Sub. | 101494 |
| H.B. 119 and Am. Sub. H.B. 214, both of the 127th General | 101495 |
| Assembly. | 101496 |
| Section 3319.291 of the Revised Code as amended by Sub. H.B. | 101497 |
| 428 and Am. Sub. H.B. 562, both of the 127th General Assembly. | 101498 |
| Section 3733.02 of the Revised Code as amended by Am. Sub. | 101499 |
| H.B. 368 and Sub. S.B. 102, both of the 125th General Assembly. | 101500 |
| Section 4115.04 of the Revised Code as amended by Sub. H.B. | 101501 |
| 443 and Am. Sub. H.B. 699, both of the 126th General Assembly. | 101502 |
| Section 4303.182 of the Revised Code as amended by Am. Sub. | 101503 |
| H.B. 562 and Sub. S.B. 150, both of the 127th General Assembly. | 101504 |
| Section 4763.05 of the Revised Code as amended by Am. Sub. | 101505 |
| H.B. 699 and Am. Sub. S.B. 223, both of the 126th General | 101506 |
| Assembly. | 101507 |
| Section 4767.08 of the Revised Code as amended by Am. Sub. | 101508 |
| H.B. 138 and Sub. H.B. 531, both of the 123rd General Assembly. | 101509 |